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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...)
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