Estate of Theodore C. Chemodurow, Deceased, Gail C. Williams, Executor - Page 9




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          reached by the State court were that the Abagail ranch was                  
          property includable in the probate estate of decedent and that              
          Ms. Williams held title to the ranch in constructive trust for              
          the estate of decedent.  Among the conclusions of law reached by            
          the State court were the following:                                         
                    4.  The first issue to be resolved is ownership of                
               the Abagail Ranch.  Gail claims to have purchased the                  
               ranch in 1981 from Theodore.  There was no evidence                    
               presented that Theodore agreed to sell the ranch to                    
               Gail in 1981 or that he considered the ranch sold to                   
               Gail.  In fact, the evidence demonstrated that he                      
               considered the ranch as his own as reflected in his                    
               1992 correspondence with Musser and the 1995 Will.                     
               Gail presented no evidence of payment for the ranch -                  
               no checks, credit card bills or any other written                      
               evidence of payment to Theodore from 1981 to the date                  
               of trial.  The Court concludes that Gail did not                       
               purchase any portion of the Abagail Ranch at any time.                 
                    5.  Gail also claims that she acquired the Abagail                
               Ranch in 1995 by virtue of the claimed payments over                   
               the years.  In support of this claim, Gail produced two                
               deeds describing the identical portion of the Abagail                  
               Ranch and both from Theodore and his wife Bette to Gail                
               - one dated August 1995 and the other December 1995                    
               * * * .  The deeds were ostensibly introduced at trial                 
               to reflect a transfer of ownership to Gail in 1995.                    
               Gail admitted that the August deed was defective and                   
               had to be redone with the December deed.  The August                   
               and December 1995 deeds both indicate that all of the                  
               consideration had been provided, but Gail admitted that                
               at the time of Theodore’s death (January 1996), she                    
               owed Theodore as much as $40,000-$60,000.                              
                    6.  There was no credible evidence that Gail                      
               provided Theodore with any consideration for any                       
               portion of the Abagail Ranch at any time.  It was                      
               within Gail’s ability to produce some documentary                      
               evidence reflecting any payment for the ranch if it                    
               existed.  In light of this absence of what should have                 
               been available evidence, the Court concludes that no                   
               payments were ever made to Theodore by Gail for any                    
               portion of the Abagail Ranch.  In addition, there was                  
               nothing in Theodore’s 1995 tax return, prepared at                     




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