Estate of Morton B. Harper, Deceased, Michael A. Harper, Executor - Page 60




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          increase specified in the $1 million note to the 10-percent                 
          contract rate of the $450,000 note.3  Why the default provisions            
          negotiated with a different debtor nearly 4 years earlier                   
          accurately reflect the inherent risk in the Marsh note as of                
          decedent’s date of death is not elucidated.  We are afforded no             
          information on relative conditions and circumstances that would             
          facilitate a useful comparison.  It is for these reasons that we            
          were unable to give Mr. Cronkite’s income approach any                      
          significant weight in our analysis.  In addition, we observe that           
          Mr. Cronkite testified at trial to having relied primarily on the           
          market approach in his valuation.                                           
               As regards Mr. Cronkite’s market approach, our concerns in             
          many respects parallel those highlighted above in connection with           
          the income approach.  Again, the report is cursory, conclusory,             
          and reveals little underlying reasoning that would enable us to             
          evaluate the result reached.  The report sets forth value                   
          estimates made by Mr. Marsh and characterizes Mr. Marsh as “a               
          secondary loans expert”.  Mr. Cronkite explained at trial only              
          that Mr. Marsh “represented to me that he was an expert in the              
          secondary loan market.”  When questioned regarding Mr. Marsh’s              

               3 Although the estate on brief refers to 15 percent as “the            
          default rate under the Marsh Note” and respondent similarly                 
          characterizes 15 percent as “the default rate on the note”, the             
          copy of the Marsh note itself in the record does not contain any            
          provisions regarding a default rate.  Rather, the $1 million                
          note, which bears a contract rate of 11.25 percent, specifies a             
          default rate of the contract rate plus 5 percent.                           





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