Estate of Morton B. Harper, Deceased, Michael A. Harper, Executor - Page 4




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          Trustor”.  Michael and Lynn were named as successor trustees and            
          were to receive the trust assets upon decedent’s death, with 60             
          percent thereof being distributed to Lynn and 40 percent to                 
          Michael.  The percentages were based on perceived need; Michael             
          has pursued a successful career in business as a real estate                
          professional, while Lynn has been less consistent in fiscal                 
          matters.                                                                    
               At all relevant times, Lynn maintained a residence in                  
          Hawaii.  On December 18, 1990, a complaint was filed by the                 
          Association of Apartment Owners of International Colony Club                
          (AOAO) against Lynn in the Circuit Court of the Second Circuit,             
          State of Hawaii.  Lynn owned a home within the International                
          Colony Club condominium project, and the AOAO was the condominium           
          association overseeing that project.  The complaint alleged that            
          Lynn had engaged in unauthorized and illegal construction and               
          renovation of her property and requested both injunctive and                
          monetary relief.  Subsequently, in November of 1992, the AOAO               
          demanded arbitration of its claims.  An arbitration award was               
          then entered against Lynn in December of 1993 and required                  
          extensive reconstruction work as well as payment of fees, costs,            
          and expenses.                                                               
               Lynn and Michael testified that following entry of the above           
          award, Lynn told Michael about her litigation versus the AOAO and           
          the concomitant award, which Michael then communicated to                   






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