Estate of Dora Halder, Deceased, Anita Halder MacDougall, Executrix - Page 4




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          next day, Mr. Lindenbaum left a telephone message for Mr.                   
          Sherland that an error was made in the January 14, 2002, fax, and           
          Mr. Sherland would receive the corrected figures by fax.  On that           
          day, Mr. Lindenbaum sent a fax to Mr. Sherland (the January 17,             
          2002, fax).  The fax stated:                                                
               Unfortunately my fax to you was incorrect.  I had left                 
               off page six and in the rush to get it out to you used                 
               the value of property in 1987 as the final value and                   
               not the value of decedents [sic] interest at the time                  
               of death of $1,124,410.  I told you this was the amount                
               over the phone and discussed that I was following the                  
               method that you used on the tax return but using the                   
               starting value for the real estate of $1,000,000 and                   
               while I felt their [sic] was an argument for no                        
               discount I would allow a 15% discount for settlement.                  
               We did discuss the final value of $1,124,410.                          
               On January 22, 2002, Mr. Sherland sent a fax to Mr.                    
          Lindenbaum which stated:                                                    
                    Everyone now realizes that the first figures you                  
               discussed with me on the phone and your settlement fax                 
               offer are substantially different.  We believe that you                
               made an honest mistake.  However, for our part we                      
               believe, after deliberating with our counsel and our                   
               client, that we had accepted a basis of settlement that                
               made sense if you took into account both the expenses                  
               and uncertainties of litigation.                                       
          Mr. Sherland further informed Mr. Lindenbaum that a basis of                
          settlement had been reached.  In a telephone conversation soon              
          after, Mr. Lindenbaum told Mr. Sherland that Mr. Lindenbaum would           
          only discuss the figures in the January 17, 2002, fax and                   
          discussed in the January 14, 2002, telephone conversation (i.e.,            
          the value of $1,124,410).  Mr. Lindenbaum did not feel an                   
          agreement had been reached with the estate and, therefore, did              





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