Estate of Frances Elaine Freedman, Deceased, Robin Elaine Carnette, Personal Representative - Page 24

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          contradictions.  The Court therefore is unable to rely on much of           
          Mr. Greene’s testimony, particularly when it comes to his                   
          management of or control over the stock sales and Valdes & Moreno           
          account, where some of the most marked discrepancies arise.                 
               Thus, while statements by Mr. Greene might be sufficient to            
          show that he assisted decedent by researching, tracking, and                
          making recommendations about the eConnect shares, his comments              
          fall short of establishing any genuine management and control.              
          Furthermore, the documentary record supports that any time an               
          actual sales call or request to transfer funds was made, it was             
          decedent’s personal action that formally initiated the                      
          transaction.  Shared excitement and casual use of plural pronouns           
          are hardly a substitute for the complete dearth of documentary              
          evidence to show Mr. Greene making even one order with respect to           
          the account.  Notably, the estate tries to minimize the                     
          significance of decedent’s prompt transfer of the sales receipts            
          out of the Valdes & Moreno account by claiming that Mr. Greene              
          “initiated the movement”.  Suffice it to say that the attempt,              
          conclusory, self-serving, and unsupported, fails to blunt one of            
          the key objective facts in this litigation--that shortly after              
          the eConnect sales, decedent ordered Valdes & Moreno to transfer            
          the proceeds to other accounts that the record indicates were in            
          her name alone.                                                             







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Last modified: May 25, 2011