Estate of Theodore C. Chemodurow, Deceased, Gail C. Williams, Executor - Page 12




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          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 document                    




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