Estate of John L. Baird, Deceased, Ellen B. Kirkland and J. Samuel Baird, Co-Executors - Page 10




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          fee interests was less than any of the discounts claimed by the             
          estates.                                                                    
               Two of the estates’ experts conducted studies of the                   
          relatively limited universe in which there have been sales of               
          fractional interests in timberland.  Based on those studies, the            
          experts recommended a range of discounts that could be applied to           
          the interests being considered by the Court.  These experts did             
          not address the question of partition or opine on a specific                
          discount for either estate’s fractional interest.  Their opinions           
          had been provided to respondent during the administrative                   
          proceeding.                                                                 
               The estates’ third expert had personal involvement and                 
          experience in the purchase and sale of fractional interests.                
          That expert provided the Court with specific instances of                   
          somewhat comparable sales of fractional interests in the vicinity           
          of the subject realty.  It does not appear that this expert’s               
          report was provided to respondent until about 1 month before                
          trial.  This expert’s report did address the difficulties that              
          can be encountered in partitioning real property.  The expert               
          also alluded to the difficulties surrounding the trusts in which            
          the decedents held fractional interests, but the report did not             
          establish those facts.  Respondent was not confronted with the              
          factual predicate that partition may not have been a viable                 
          approach until the trial when the estates’ witnesses testified              






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Last modified: May 25, 2011