- 8 - nonvoting shares, and Emile and each grandchild owned 450 of the nonvoting shares. Family Lawsuit On or about November 21, 1989, Richard and Susan filed a complaint with the probate court against Emile and Louise, each individually and as executors of John’s estate. The complaint alleged that Emile and Louise had breached their fiduciary duty as executors by failing to list properly the assets of John’s estate (e.g., the shares underlying the 1961 transfer (disputed shares)) and by failing to distribute those assets in accordance with John’s will. The complaint primarily sought rescission of the 1961 transfer, any costs (including attorney’s fees) incurred by Richard and Susan in prosecuting the family lawsuit, and the return (with interest) of all unnecessary expenses incurred by John’s estate (e.g., for income taxes, accountant’s and attorney’s fees, and filing fees).5 Petitioner was not named as a defendant in the family lawsuit. Jolyne later joined the family lawsuit on or about June 6, 1995.6 5 On or about Nov. 13, 1990, Richard and Susan amended the complaint primarily to allege further that Emile and Louise were also liable to them for self-dealing as executors of John’s estate. The first amended complaint generally sought further damages in the form of a complete accounting of expenditures and financial information relating to the estate and to many of the Haffner/Fournier family entities. 6 Haff never joined the family lawsuit, which he viewed as a family falling-out that rested on the plaintiffs’ attempt to get (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011