Eric B. Benson, et al. - Page 26

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          payable to Elizabeth, which she deposited into various bank                 
          accounts.29  In 1994, ERG issued twelve $1,000 checks payable to            
          Elizabeth, which she deposited into the Franklin account.                   
                    (ii) Esther V. Benson                                             
               In 1989, ERG issued three $1,000 checks payable to Esther.             
          Each check was deposited in 1990 into a Merrill Lynch Ready Asset           
          account No. 280-72453 (ML RAT account).  In 1990, ERG issued                
          eleven $1,000 checks payable to Esther.  Those checks were                  
          deposited into various bank accounts.30  In 1993, ERG issued (at            
          least31) eleven $1,000 checks payable to Esther.  One check,                
          check no. 23662, was endorsed and deposited into a bank account             
          held in the names Burton and Elizabeth.32  In 1993, eleven $1,000           
          checks were deposited into a bank account which Esther held with            
          Burton as joint tenants with the right of survivorship.33  In               

               29See infra note 32.                                                   
               30Seven checks were deposited into the ML RAT account and              
          four checks were deposited into a First Bank account No. 711-               
          2005165.                                                                    
               31See infra note 33.                                                   
               32On brief, petitioners explained that there was a “mix-up”            
          in the delivery of the director’s fees checks in 1993.  Check No.           
          23661 payable to Elizabeth was deposited into Esther’s account,             
          and the director’s fee check for Esther was deposited into                  
          Elizabeth’s account.                                                        
               33There is an inconsistency in the parties’ stipulation.               
          The parties stipulated that Esther was issued eleven $1,000                 
          checks in 1993, one of which was deposited into an account owned            
          by Elizabeth and Burton.  The parties also stipulated that eleven           
                                                             (continued...)           





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