- 9 - 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 atPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011