Estate of Theodore C. Chemodurow, Deceased, Gail C. Williams, Executor - Page 11




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               without having paid for it would unjustly enrich her at                
               the expense of Georgia, the Jakubeks and perhaps other                 
               creditors, including the IRS, who are looking to the                   
               Estate to satisfy Theodore’s outstanding obligations,                  
               debts and judgments.  This conclusion does not preclude                
               Gail from acquiring an interest in the Abagail Ranch                   
               per Theodore’s last Will, if appropriate, once this                    
               case and the probate of Theodore’s estate have been                    
               resolved.                                                              
                    11.  Consequently, the Court concludes that                       
               portion of the Abagail Ranch that Gail seeks to quiet                  
               title is held in constructive trust for the Estate of                  
               Theodore Chemodurow.  Except as discussed below, it is                 
               for the probate court to determine what, if any,                       
               portion of the Abagail Ranch should be transferred to                  
               Gail under Theodore’s last Will.                                       
               The Judgment in Cause No. 96-109 incorporated the order                
          paragraphs from the Cause No. 96-109 report.  Among the order               
          paragraphs incorporated was the following:                                  
               1.  Gail Williams’ request to quiet title in that                      
               portion of the Abagail Ranch identified in the                         
               Complaint is DENIED and said property is now held by                   
               Gail Williams in constructive trust for the benefit of                 
               the Estate of Theodore Chemodurow.                                     
               The Judgment in Cause No. 96-109 (and, likewise, the                   
          Judgment in Cause No. 96-60, see infra), inclusive of                       
          incorporated Order (in Cause No. 96-109, only), became final as a           
          result of a Stipulation to Dismiss Appeal and Cross Appeal, with            
          Prejudice, dated October 6, 1998, and the Order of the State                
          court approving the dismissal, dated October 27, 1998.  Notices             
          of Satisfaction of Judgment were filed, and the State court                 
          declined to dismiss the Judgments.                                          
               Also, on April 8, 1998, in connection with Cause No. 96-60,            
          the State court issued its “Findings of Fact, Conclusions of                




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