Estate of Antoinette Hartsell, Deceased, Donald C. Renbarger, Personal Representative - Page 10

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               Mr. Renbarger attributes the more-than-2-year lag in payment           
          to respondent’s failure to consent to a release of the funds.  We           
          disagree.  As respondent explains, the escrow agreement stated              
          that the funds could be released either when respondent sent a              
          closing letter to the escrow agent or “otherwise [consented]”.              
          Respondent consented on June 6, 2001, in a letter specifically              
          requesting the estate to provide a “check for $1,564,405.89 plus            
          interest, which is currently being held in escrow”.  Despite this           
          consent to release, Mr. Renbarger continued to wait another year            
          before he transmitted the funds to respondent, and even then                
          transferred only a portion of the full escrow amount.                       
               Mr. Renbarger also ignored advice from his tax adviser, who            
          specifically recommended that he transmit the escrowed funds to             
          respondent earlier.  Mr. Renbarger cavalierly explained that he             
          knew the funds belonged to respondent and that he expected                  
          respondent to come and collect the money when he was ready.  The            
          estate benefited from the additional interest that accumulated on           
          the escrowed funds in the meantime.                                         
               We find that the estate failed to exercise ordinary business           
          care and prudence in waiting more than a year to transmit the               
          escrowed funds to respondent, contrary to respondent’s explicit             
          consent and contrary to the advice of the estate’s tax adviser.             
          III.  The Estate’s Plan To Pay the Federal Estate Tax                       
               We turn now to the merits of Mr. Renbarger’s “plan” to raise           
          capital to pay the estate’s Federal estate tax.  The plan                   




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