Estate of Frances Elaine Freedman, Deceased, Robin Elaine Carnette, Personal Representative - Page 22

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               Undoubtedly, the foregoing evidence and like documentation             
          might be highly probative were the aim to establish existence of            
          a joint account.  That point, however, is undisputed.  The                  
          instant inquiry is already taking place under the rubric of TPC             
          438(a).  Because that provision operates solely in the context of           
          joint accounts, documentation showing accounts titled in the                
          names of multiple parties and conferring on them contractual                
          rights vis-a-vis a financial institution is presumed and inherent           
          in all cases.  Accordingly, the clear and convincing evidence               
          referenced in the exception must demand something more.  The                
          estate’s reliance on materials of this nature is therefore                  
          misplaced and carries little, if any, weight in establishing                
          decedent’s intent to make a gift.  In fact, the exclusive use of            
          decedent’s personal information in filling out the customer                 
          agreement could cut the other way.                                          
               The second general category of circumstances pressed by the            
          estate relates to Mr. Greene’s claimed management of and control            
          over the Valdes & Moreno account.  The estate mentions that Mr.             
          Greene conducted “due diligence” with respect to the eConnect               
          shares, attended eConnect shareholder meetings, consulted and               
          jointly made decisions with decedent regarding the account,                 
          recommended when to sell the eConnect stock, shared in the                  
          excitement of the rising price and sale, opened mail related to             
          the account, was the subject of purported comments by decedent              






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Last modified: May 25, 2011