- 12 - Law”. An attendant Judgment was issued on April 14, 1998 (the Judgment in Cause No. 96-60). One conclusion reached by the State court was that the ranch equipment was includable in the probate estate of decedent. Among the findings of fact made by the State court were the following: 19. The parties [decedent and the Jakubeks] negotiated, drafted and signed a Livestock Agreement [(the livestock agreement)] in February 1993 * * * * * * * * * * 35. The Jakubeks also contend that Gail breached the Agreement [the livestock agreement] by refusing to provide necessary machinery and equipment to operate the ranch and maintain a cow/calf operation. The necessary machinery and equipment at issue was a ranch truck and ranch tractor. Under the Livestock Agreement Theodore specifically agreed: . . . to provide and maintain necessary equipment for ranch operation, cattle, pasture and hay ground. To provide animal health for cows and their calves, to include; veterinary services, vaccines, and supplies, pasture, hay, straw and feed supplements. * * * * * * * 39. As for the truck, Gail initially promised to make the payments on the truck and tractor. (P. Ex. 24). Later she claimed that she could not make the payments because the Estate was without the funds. Later still she claimed that she was not responsible for making the payments on the truck because the truck was sold to “Abagail Ranch, Inc.” and there was no such entity. She also claimed she did not need to make payments on the truck because of a claimed forged signature on the sales documents. * * * Nevertheless, she demanded that the truck be returned to her as an asset of the Estate * * * and claimed to own the tractor as of August 1995. * * * 40. Gail claimed to have purchased the ranch machinery in August of 1995 and produced a documentPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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