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safe deposit story was inconsistent, tentative, and appeared to
have been scripted.
In his deposition, Joe testified that he was not present
when Katherine and Jack allegedly emptied their father’s safe
deposit box, but he saw the contents on a bed in Katherine’s
motel room. He stated that he saw only gold coins, and that, on
his urging, Katherine later returned those coins to Edward’s safe
deposit box. Joe further testified that Edward had only $1,500
at the time of his hospitalization, and that Jack asked Joe to
help pay Edward’s medical expenses.
Chuck was not present in New York City at the time Katherine
and Jack emptied Edward’s safe deposit box. Thus, he had no
first-hand knowledge as to the contents of Edward’s safe deposit
box or as to the ultimate disposition of those contents.
Although Chuck testified generally about his father’s financial
dealings and accumulation of cash, he did not quantify the amount
of money or the value of property that his father had accumulated
over his lifetime, how much money Edward had at the time of his
hospitalization, or how much of that money, if any, Edward gave
to Katherine. The objective evidence does not support Chuck’s
testimony that Edward was highly successful in his welding
business or that he dealt heavily in property and livestock.
23(...continued)
any one of them could have assumed custody of Edward’s property
subsequent to Tina’s return home.
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