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the SCIN, are all dated December 15, 1992. Michael signed these
documents both as the purchaser in his capacity as trustee of his
own revocable trust and as the seller in his capacity as trustee
of decedent’s revocable trust. The parties did not, in fact,
execute the documents until after that date--late in December
1992 or early in January 1993.
In 1978, decedent had a myocardial infraction. Decedent
underwent successful single artery heart bypass surgery at the
University of Michigan in 1982. Decedent had been suffering from
angina and severe coronary disease since at least April 1991. In
the winter of 1992, decedent traveled to California, seeking to
spend time in a warmer climate. While he was in California he
developed chest pains and returned home. He entered the hospital
in Flint on January 25, 1993, for testing. The resulting
diagnosis on January 29, 1993, indicated that decedent suffered
from angina pectoris, congestive heart failure, and
atherosclerotic heart disease. The diagnostic report explained
his prognosis as "Poor. Patient and family are aware." Decedent
and Michael consulted with doctors and decided that decedent
would again have to undergo bypass surgery.
The quitclaim deeds and mortgages for the restaurant and
shopping mall were registered in February 1993. Michael did not
make the first three payments required by the SCIN in a timely
fashion. In March, he made out three checks, each for the
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