HomeMy WebLinkAbout10-06-11 (3)
NDEX TO WITNESSES
FOR PETITIONER
Connie Houston
Irma Davenport
as on cross
By Mr. Finck
By Mr. Mateya
FOR RESPONDENT
Mark F. Bayley, Esq.
Bernard W. Davenport
DIRECT CROSS REDIRECT RECROSS
4 13 -- --
EXAMINATION
19, 87, 91
74, 89, 92
67 71 -- __
100 101 -- __
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NDEX TO EXHIBITS
FOR PETITIONER
Ex. No 9 - deed
MARKED ADMITTED
94
FOR RESPONDENT
9:35 a.m.
2 THE COURT: Please be seated. Mr. Finck.
3 MR. FINCK: Good morning, Your Honor. We are
4 ready to call Connie Houston to the stand.
5 THE COURT: All right.
6 whereupon,
7 CONNIE HOUSTON
8 having been duly sworn, testified as follows:
9 DIRECT EXAMINATION
10 BY MR. FINCK:
11 Q Good morning, Ms. Houston. Could you state
12 your full name and address for the record, please?
13 A My name is Connie Houston. My address is
14 720 Northington Street, South Hill, Virginia.
15 Q Thank you. And what is your relationship
16 with the decedent, William Irving Evans?
17 A He was my brother.
18 Q And what is your relationship with Irma
19 Davenport?
20 A She is my sister.
21 Q Okay. And during your brother's lifetime,
22 how far did you live from your brother?
23 A I lived -- I was in different states,
24 different places. I only saw him occasionally.
25 Q Okay. How about in the year 2005? where
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were you living then?
2 A In 2005 I was in South Hill, Virginia.
3 Q In South Hill, Virginia, and that was while
4 the decedent was living in Carlisle, correct?
5 A Correct.
6 Q Okay. And how far is South Hill, Virginia
7 from Carlisle in terms of hours?
8 A About 5 1/2 hours.
9 Q Five and a half hours?
10 A Or six.
11 Q Five or six hours. Thank you. Now in the
12 years 2005, 2 006, did you ever see your brother?
13 A A couple times. Not that often.
14 Q Okay. And when did you see him?
15 A The last time I saw him was at my mother's
16 funeral.
17 Q And do you recall when that was?
18 A That was in 2007.
19 Q Okay. And am I correct it was January of
20 2007?
21 A January 17th, 2007.
22 Q Okay. How about prior to that? when was the
23 last time you saw your brother?
24 A when my sister passed away.
25 Q And do you recall when that was?
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A That was in October of 2006.
2 Q And is that your sister Elizabeth Turner?
3 A Yes, it is.
4 Q Okay. Thank you. And prior to that, to
5 Elizabeth Turner's funeral, do you recall when the last time
6 you saw your brother was?
7 A When my mother passed away.
8 Q I mean prior to Elizabeth's --
9 A I don't recall seeing him.
10 Q Okay. Did you ever see him at family
11 reunions?
12 A Years ago.
13 Q Okay. And do you recall approximately when
14 he stopped comi ng to family reunions?
15 A It could have been in 2004. I didn't see him
16 at the reunion.
17 Q Let's talk about your sister's funeral in
18 October of 2006 . How would you describe your brother's
19 behavior during that time?
20 A He wasn't all with it.
21 Q What do you mean?
22 A He was kind of at a distance to everybody.
23 Q What do you mean he was at a distance?
24 A Well, he didn't socialize with the family.
25 He was kind of wondering off different places.
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Q Okay. Was that a change from his previous
2 behavior?
3 A Yes.
4 Q How so?
5 A Well, he used to be more with people and you
6 could underst and what he was talking about, but he just went
7 to something one minute and then he would go and say
8 something els e in a different way.
9 Q Okay. Were you concerned about him at that
10 point?
11 A Sure.
12 Q Why is that?
13 A Because years ago he wasn't that way.
14 Q Okay. Do you recall him saying or doing
15 anything that you thought was strange?
16 A Not in my presence.
17 Q Okay. Did you talk to him over the phone?
18 A Occasionally.
19 Q Okay. Can you describe what telephone
20 conversations were with him from 2000 -- during 2005 or
21 2006?
22 A It was just -- he would call and say, oh, he
23 was having pr oblems with getting separated from his wife and
24 all of this, you know, money stuff, and I would say, well,
25 it is none of my business.
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Q Okay. Did he tell you about the separation
2 from Gisela o n more than one occasion?
3 A Several times.
4 Q Okay. Did he tell you the exact same thing
5 more than onc e?
6 A Every time he called.
7 Q Did you ever discuss your concerns about your
8 brother's behavior with other family members?
9 A Well, we never talked about each other and
10 what went on. You know, we just said he didn't act his
11 self.
12 Q Did other family members seem to notice that?
13 A Yes, nieces, nephews, the whole works.
14 Q Did you and your brother Irving -- William
15 Irving Evans ever have any kind of disagreement with one
16 another?
17 A We never had an argument, no words back and
18 forth to each other, no.
19 Q Okay. And he called you occasionally
20 throughout 20 05, 2006?
21 A Occasionally.
22 Q Okay. Do you have any idea of why he would
23 have created an estate plan that included all of his other
24 sisters --
25 MR. MATEYA: Objection, Your Honor, calls for
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speculation.
THE COURT:
MR. FINCK:
can testify as to whether
he would have -- why he w~
list of siblings.
THE COURT:
MR. FINCK:
Mr. Finck.
Your Honor, I think the witness
or not she knows of any reason why
Auld not have included her in his
Okay. You can ask the question.
Thank you.
BY MR. FINCK:
Q Ms. Houston, do you have any -- do you know
of any reason why your brother might have created a list of
siblings but excluded you?
A I have no clue as to why he didn't claim me
or Thomas.
Q Okay. Thank you. Have you and Irma ever had
a falling out with one another?
A Never a big falling out.
Q I am going to show you a copy of a document.
I have the original and a copy. I will ask that the copy be
marked as Petitioner's Exhibit No. 9.
(Petitioner's Exhibit No. 9 was marked for
identification.)
BY MR. FINCK:
Q Do you recognize that document, Ms. Houston?
A Yes, I do.
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Q What is it?
A This is a deed that I put in Danny Evans's
name, the property I had.
Q Okay. And can you tell the Court how that
transaction came about?
A Well, my sister Irma wanted to buy the
property. I did not have it appraised and sell it to her
for a dollar down and a dollar a month for what she wanted
to pay. Irving wanted it to join Danny's land, which was
right next to mine, and he talked to me about it, Irving
having it to join Danny. That property -- that house is
over 75 years old. Nobody had lived in that house or
building for 12 to 13 years.
Q Okay.
A And then he wanted me to put it in Danny's
name. My lawyer -- I went to Danny, we changed the deed, I
had it put in Danny's name, we went across to the
courthouse, had it recorded. That was the end of the land.
Q Okay. And just to be clear, you are saying
your brother William wanted to purchase the property?
A Yes, sir.
Q Okay. And the property is right next door to
Danny's property?
A Adjoining Danny.
Q Okay. And that is why your brother wanted
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it?
2 A Yes, he did.
3 Q Okay. And so your brother paid you for the
4 property ?
5 A Yes, sir.
6 Q And then you put it in Danny's name?
7 A It was put in Danny's name before the last
8 payment was m ade.
9 Q Before the last payment was made by your
10 brother?
11 A Yes, sir.
12 Q Okay. And you talked to your brother about
13 putting it in Danny's name?
14 A He asked me to do that.
15 Q Did he say why he wanted it --
16 A He did not say why. He just said put it in
17 Danny's name.
18 Q Okay.
19 A Other than that I wouldn't have put it -- but
20 he didn' t com e down. He wanted me to put it in Danny's, and
21 that is what I done.
22 Q Okay. And I heard you say something about an
23 appraisal. D id you have the property appraised?
24 A No, sir, I did not.
25 Q Okay. How did you arrive at a purchase price
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of the property?
2 A We just -- my brother and I decided.
3 Q Okay.
4 A Thomas. That that was a fair price.
5 Q Oh, your brother Thomas and you decided?
6 A Right. It was not appraised.
7 Q After you put the property in Danny's name,
8 did yo u and William ever have any further conversations
9 about that p roperty?
10 A It never was mentioned ever again.
11 Q Okay. And there has been testimony that
12 there was a store on the property?
13 A Yes, sir.
14 Q And is that -- do you know how old that store
15 was?
16 A That store was over 75 years old. I went
17 there when I was a child.
18 Q And how old are you?
19 A I am 79.
20 Q Okay. And do you know how long the store sat
21 vacant?
22 A It sat there empty?
23 Q Correct?
24 A With nobody in it?
25 Q Right?
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A Thirteen years. It was falling apart years
2 ago before that. The windows were falling out and rotting
3 and falling.
4 Q Did your brother ever tell you why he wanted
5 the property?
6 A No, he didn't.
7 MR. FINCK: Nothing further, Your Honor.
8 THE COURT: Okay. Mr. Mateya.
9 MR. MATEYA: Yes. If you could just give me
10 one moment, Your Honor.
11 THE COURT: Certainly.
12 CROSS EXAMINATION
13 BY MR. MATEYA:
14 Q Good morning, Ms. Houston. You mentioned
15 that you saw y our brother at your sister Elizabeth's funeral
16 in October; is n't that right?
17 A That's correct.
18 Q Okay. And you were also able to see him at
19 your mother's funeral; isn't that right?
20 A Correct.
21 Q And you said at your mother's funeral that
22 Bill did not t alk to you. Isn't that what you said? That
23 your brother, he didn't interact with you?
24 A No, he did not stand with visitation. He was
25 in the back of the chapel. He was not standing in line with
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the family.
Q And at that same funeral you didn't talk to
Irma, did you?
A We just passed words just like getting
everything ready for it.
Q Okay. And you said earlier that when you saw
him at Elizabeth's funeral, which was I believe October of
2006, you said he didn't socialize?
A He did not.
Q And you said that -- that his behavior had
changed?
A Very much so.
Q But then you also said you hardly saw him
before 2005; isn't that right?
A I did not say I didn't see him before 2005.
Q How often did you see him from the year 2000
to 2005?
A Very few times.
Q Five times a year?
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A
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times a year?
No.
Less? Three times a year?
It could have been three, if that.
If that. So it could have been three or less
A Yes.
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Q Okay.
2 A We did not visit each other that much. He
3 didn't come to my house that often.
4 Q Did you ever come to his house in
5 Pennsylvania?
6 A One time.
7 Q And when was that?
8 A That was in '87.
9 Q Okay. So never in 2005 or 2006?
10 A No.
11 Q Okay. All right. Ms. Houston, you are not
12 aware if Irma said anything to Bill about his last will and
13 testament, are you?
14 A Repeat that. I didn't understand.
15 Q Sure. I said you don't know if Irma
16 Davenport said anything to your brother Bill about his last
17 will and testament -- about writing a will?
18 A It was never mentioned.
19 Q Okay.
20 A Nobody in the family knew nothing about it.
21 Q And there was a will written in 2005, and you
22 don't know --
23 A I don't have a clue about that and --
24 Q And --
25 THE COURT: Wait. Wait. You need to let
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Mr. Mateya finish the question. Start that question again.
2 BY MR. MATEYA:
3 Q Sure. And likewise, you don't know anything
4 that Irma said or did in her interactions and speaking with
5 Bill about the will that was written in 2006?
6 A I know nothing about any of that.
7 Q Okay. You said you talked to Bill on the
8 phone occasionally?
9 A Very seldom.
10 Q And did you ever talk to Bill about hiring a
11 lawyer?
12 A No, sir.
13 Q Okay. You said you were concerned about his
14 mental condition?
15 A Right.
16 Q Okay. Was it your opinion that he had a
17 closer relationship with Irma maybe than he did with you?
18 A I don't know about that either.
19 Q Okay. Did you contact Bill about his mental
20 health condition saying I think you need help?
21 A No, sir.
22 Q Did you contact Ms. Davenport?
23 A No, sir.
24 Q Okay. Now, I was going to finish the
25 sentence though -- about the same issue?
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A No.
2 Q Okay. All right. Would you say you had a
3 close relationship with Bill?
4 A No, I didn't.
5 Q No, I'm asking, would you say you have a
6 close relationship?
7 A I did not have a close relationship with him.
8 Q Okay. You said that Irma talked to you and
9 she wanted to buy the land; is that right?
10 A Absolutely.
11 Q And I believe what you told me is she told
12 you she wanted to buy it for a dollar down and a dollar a
13 month?
14 A No, sir, I did not say that.
15 Q Oh, could you tell me what you said she said
16 to you then?
17 A She wanted to buy the property. She said to
18 have it appraised.
19 Q Oh, very good. When did she tell you that?
20 A I think it was in 2002, I think.
21 Q Do you recall, was it before your sister
22 Elizabeth passed?
23 A Yes, sir.
24 Q And where was that conversation held?
25 A On the telephone. I was living in
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Pennsylvania.
2 Q Okay. And was there anybody else involved in
3 that conversation?
4 A I was alone in my own home.
5 Q Okay. You did say though that your brother
6 wanted to buy this property; isn't that right?
7 A He asked me for the property, to join Danny,
8 and that is why I sold him the property, because it joined
9 Danny.
10 Q And it wasn't your idea, it was Bill's idea;
11 isn't that right?
12 A If somebody asked me to buy something and you
13 want to sell it to them, can't you do it?
14 Q Absolutely.
15 THE COURT: That's not really an appropriate
16 answer. What was the question again?
17 BY MR. MATEYA:
18 Q I was asking if Bill asked her if he wanted
19 -- if he could buy the property from her. I just really
20 wanted a yes or no, Your Honor.
21 THE COURT: Okay. Did he ask you that? Why
22 don't you ask the question again?
23 BY MR. MATEYA:
24 Q Okay. Because we have gone back and forth I
25 wanted to make sure that it was clear that it was Bill Evans
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who asked you if he could buy the property from you; is that
2 right?
3 A Yes.
4 Q Thank you. Okay. And you think Bill should
5 have left everything to his son, don't you?
6 A That 's the way it should have been.
7 MR. MATEYA: Okay. No further questions,
8 Your Honor.
9 THE COURT: Okay.
10 MR. FINCK: No redirect, Your Honor.
11 THE COURT: Okay. You may step down. Thank
12 you.
13 THE WITNESS: Thank you.
14 THE COURT: May this witness be excused?
15 MR. FINCK: Yes, Your Honor.
16 MR. MATEYA: Yes, Your Honor.
1~ THE COURT: You may stay or leave as you
18 choose. Thank you.
19 THE WITNESS: Thank you.
20 THE COURT: Mr. Finck, any further witnesses?
21 MR. FINCK: Yes, Your Honor. I'd like to
22 call Irma Davenport as on cross.
23 THE COURT: All right.
24 Whereupon,
25 IRMA DAVENPORT
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having been duly sworn, testified as follows:
AS ON CROSS EXAMINATION
BY MR. FINCK:
Q Good morning, Ms. Davenport. Can you state
your full name and your address for the record, please?
A Irma, I-r-m-a. Jean, J-e-a-n. Davenport,
maiden name Evans.
Q Thank you. And, Ms. Davenport, what is your
relationship with the decedent, William Irving Evans?
A The youngest sister.
Q Okay. And what's your relationship with
Danny Evans?
A
He is my nephew.
And how many siblings did the decedent have?
Three sisters -- well, four sisters with me
14 Q
15 A
16 and my brother.
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Q Okay. Thank you. And you are the only one
that received anything under his will, correct?
A Correct.
Q Do you have any thoughts as to why that is?
A
22 Q
23 is?
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No.
Can you tell me what the value of the estate
At the present time I could not tell you.
Okay. I will submit to you, Ms. Davenport,
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that at the time that you probated the will you had
2 mentioned that -- or you had put in the probate document
3 that it was a $430,000 estate. Does that sound correct?
4 A That sounds correct, but we had to go by what
5 was in the divorce settlement for that figure.
6 Q Okay.
7 A But that was a rough figure at the time of --
8 yes.
g Q Do you agree with me then that he had a
10 fairly sizable estate?
11 A Probably.
12 Q Probably?
13 A Yes.
14 Q Thank you. How would you describe your
15 brother's - - your brother William's relationship with Connie
16 Houston?
17 A I do not know.
lg Q How about Marie Johnstin?
19 A I do not know.
20 Q How about Thomas Evans?
21 A I do not know.
22 Q How about Elizabeth Turner?
23 A And I do not know.
24 Q Okay. Did you ever speak with him about your
25 other broth ers and sisters?
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A Occasionally he may have said one called or
2 the other ca lled or -- I'm sorry, that he had called them
3 briefly, was usually what he said.
4 Q Okay. Did he ever express any anger towards
5 any of them with you?
g A We usually did not discuss any conversations
7 about other siblings.
g Q Okay. So your answer is no, he never
9 expressed anger?
10 A No.
11 Q Do you speak to your other siblings?
12 A I have not been around the other siblings.
13 Q Isn't it true you are no longer on speaking
14 terms with any of them?
15 A I have not been around to speak to them.
16 Q When was the last time you spoke to any of
17 them?
18 A Probably my mother's funeral, perhaps my
19 brother's funeral, a couple words was passed. That was
20 about the extent of it.
21 Q Do you know who his grandchildren were?
22 A Yes, I do.
23 Q What were their names?
24 A Nikki and Cindy.
25 Q Okay. How did William get along with his
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grandchildren?
2 A I can't answer that. I don't know.
3 Q Did he ever talk to you about his
4 grandchildren?
5 A Very briefly.
6 Q Did you ever visit your brother when he lived
7 in Carlisle?
g A Yes, I did.
g Q How often?
10 A What timeframe are you talking about?
11 Q Well, let's start with in the year 2002 right
12 after Gisela left him.
13 A Probably at least a couple times per year.
14 Q How many is a couple? Is that two?
15 A Two. Usually spring and fall.
16 Q How about 2003?
1~ A Probably about the same.
lg Q 2004?
19 A About the same.
20 Q 2005?
21 A The same.
22 Q 2006?
23 A It would be the same.
24 Q You visited him every spring and every fall?
25 A Usually, yes.
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4 Okay. Did anyone else accompany you on those
2 visits?
3 A My husband had on one or two, and my two
4 granddaughters had come with me one visit.
5 Q Okay. Was Danny ever present during any of
6 those visits?
~ A I never saw him.
g Q Okay. Were any of the other siblings present
9 during any of those visits?
10 A Not to my knowledge. I didn't see them, no.
11 Q What kind of things would you and your
12 brother discuss with one another when you visited him?
13 A It could be neighbors in his neighborhood
14 now. It could be neighbors we had when we was younger
15 growing up or people we went to school with. He went with
16 the oldest sibling. I was the youngest that perhaps had the
17 same name. Things he did years ago when he was driving
18 truck just like my husband.
19 Q So you would reminisce about old times; is
20 that correct?
21 A And present.
22 Q Okay. Did he ever discuss his divorce with
23 you?
24 A Just a tiny bit. Not very much, no.
25 Q Okay. How often did you talk with your
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brother on the phone?
2 A Usually, I would say, once to twice maybe
3 every couple weeks. Once every couple weeks.
4 Q Okay. I deposed you prior to this
5 proceeding, correct?
6 A Yes.
~ Q During your deposition you told me once every
8 week or two weeks; is that correct?
g A Yes, that's correct.
10 Q Okay. So you don't disagree with that now?
11 A No. It depends on where I was, what I was
12 doing, if I was home or not home.
13 Q Okay. You also told me during the deposition
14 that you couldn't remember what you talked about; is that
15 correct?
16 A No. I always know what we talked about.
17 THE COURT: Where do you live?
18 THE WITNESS: I originally lived in Richmond,
19 and in 2002 May we moved to a town called Dewitt, Virginia,
20 which is actually halfway between Richmond and South Hill,
21 and that is where my husband and I decided that we were
22 going to retire because we would be halfway between my
23 family and his family that lived in Richmond, and I have
24 undergone some extensive medical issues, and I wanted to be
25 close enough to keep my same doctors, and my in-laws had a
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lot of medical issues, I had to go back and forth quite
2 frequently to help them.
3 THE COURT: All right.
4 MR. FINCK: Thank you.
5 BY MR. FINCK:
6 Q Ms. Davenport, I asked you during your
7 deposition wha t kind of things would you and William talk
8 about during your telephone calls, and your answer was I
9 don't recall e verything personally during that time. That
10 is a long time ago?
11 A Well, back to 2002 is a long time ago.
12 Q Fair enough. You said you talked about his
13 neighbors and friends, correct?
14 A Yes.
15 Q Okay. Who were his friends in Carlisle?
16 A I was introduced to several of his friends
17 there, but I don't know their name.
18 Q Okay. In fact, the only name you could come
19 up with during your deposition was Ronnie Baish, correct?
20 A Well, yes.
21 Q What did he tell you about his divorce from
22 Gisela?
23 A Very little. That she had left him.
24 Q That was it?
25 A That was basically it. She left him.
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Q Did he ever talk to you about how long the
2 divorce was taking?
3 A Maybe from time to time he said it's taken a
4 long time, i t's a lot involved, but it was not my business
5 so I did not question. I only listened .
6 Q Okay. Did he ever talk to you about what
7 property he was going to receive in the divorce?
8 A At that time he did not, no.
9 Q Okay. Did he ever talk to you about what
10 property Gis ela was going to get?
11 A At that time, no.
12 Q Did he talk to you at any point about that?
13 A No. He said it depends on the Estate Code of
14 Pennsylvania as to what he had to share with her.
15 Q Okay. When I asked you the question you said
16 at that time though. Was there another time that --
17 A No.
18 Q No? Is that a no?
19 A No.
20 Q Thank you. Did you ever talk to him about
21 his health?
22 A Well, we discussed some things briefly. Like
23 we took the same medication for cholest erol, but other than
24 that, no.
25 Q Did he ever talk to you about who he was
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leaving his assets to?
2 A No.
3 Q Okay. When was the -- have you and your
4 brother William ever -- has he ever discussed his estate
5 plan with you at any point?
6 A No.
7 Q Prior to his death did you know how many
8 properties he owned?
9 A Only what he said, but I don't know it to be
10 true.
11 Q Okay. So he did talk to you about what he
12 owned?
13 A Just, you know, he may have mentioned a house
14 here or a house there but...
15 Q So you knew he owned multiple properties?
16 A Yes.
17 Q Now, who was he living with when he was
18 living in Carlisle in 2005, 2006?
19 A When I went to visit him he was living alone.
20 Q Okay. You told me during the deposition you
21 didn't know who he lived with?
22 A I really don't. I mean when I went to visit
23 he was alone so...
24 Q Are you saying it is possible he lived with
25 other people, but you never saw them?
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A I never saw them, never heard so...
2 Q Okay. How would you describe William's
3 relationship with his son Danny?
4 A I don't know that I really could describe it
5 for you .
6 Q Why is that?
7 A I was not around them when they were together
8 that much.
9 Q Okay. Did he ever talk to you about his son
10 Danny?
11 A He may have mentioned a couple times
12 something abo ut Danny or something, but our conversations
13 usually wasn' t about our personal family, it was about other
14 things.
15 Q Like what?
16 A Perhaps my children, things they were doing
17 in school, th ose kinds of things.
18 Q So you would discuss your children with him
19 but not hi s children?
20 A If he had mentioned them. I usually did not
21 know.
22 Q Did William ever talk to you about leaving
23 his estate to his only son Danny?
24 A No, he did not.
25 Q Were you aware that he had a pacemaker put
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in?
2 A No, I was not.
3 Q Okay. So you were in the courtroom when both
4 Danny and your brother testified that you indicated you did
5 know that right after his death. You disagree with that
6 statement?
7 A Rephrase that.
8 Q Sure. You were in the courtroom when Danny
9 testified and your other brother Thomas Evans testified that
10 you said you knew he had a pacemaker, but you disagree with
11 that statement?
12 A Yes, I do.
13 Q Okay. And you did not come to Carlisle to be
14 with him while he had that pacemaker put in?
15 A No. I never knew he had one.
16 Q Why do you think Danny or Thomas would have
17 said that?
18 A When Danny asked -- I mean when Danny came
19 back from the funeral home he said my dad had a pacemaker
20 and he had emphysema. I said, Danny, you didn't know your
21 dad had a pacemaker or emphysema? No, no, no. I didn't say
22 I did.
23 Q Well, I believe the testimony was that you
24 said you were with him when he had the pacemaker put in?
25 A No.
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Q You came up to care for him?
2 A I never knew it.
3 Q You came up here to care for him. You
4 disagree with that?
5 A Yes, I do.
6 Q From 2000 until 2005 did you notice any
7 decline in your brother's mental abilities?
8 A I really didn't notice any decline but -- no,
9 not really. No, I don't.
10 Q How about in 2005 -- how about 2006? Did you
11 notice any?
12 A No.
13 Q Okay. Now, when I asked you that question
14 during your deposition you said, no, absolutely not. Why
15 are you wave ring at this point?
16 A The answer is no.
17 Q Okay. Were you in the courtroom when Jane
18 Adams testif ied that William was livid when he came to talk
19 to her about his will?
20 A Yes, I was in the courtroom.
21 Q Do you have any idea why he was livid?
22 A I didn't know that he was.
23 Q Okay. Do you have any idea now why he was
24 livid? Why he was upset?
25 A No, I do not.
31
Q Prior to the decedent's death were you aware
2 of any transaction involving property next to Danny's in
3 Virginia?
4 A Repeat that question.
5 Q Sure. Prior to Danny's death were you aware
6 of the property -- that Connie had sold property to Danny in
7 Virginia?
8 A Danny's death?
9 Q No. Prior to the decedent's death, William's
10 death, did you know that your sister Connie had transferred
11 property to Danny?
12 A Sometime after it was done.
13 Q Sometime after it was done?
14 A Uh-huh.
15 Q Was that before William's death or after
16 William's death?
17 A That was before his death.
18 Q Okay. How did you find that out?
19 A Because I think he had mentioned something
20 about it, and he stated that Danny was to transfer it to him
21 when he was ready for it after his divorce was final.
22 Q Okay. Did you ever ask Connie to sell you
23 the property?
24 A I don't recall that conversation.
25 Q So you may have?
32
A I don't recall it.
2 Q Is it possible that you had that
3 conversation?
4 A We could have had a conversation, but I don't
5 recall the words I will buy it for a dollar down and a
6 dollar whenever.
7 Q Okay. Did you ever ask her to have the
8 property appraised?
9 A I don't recall any appraisal being discussed
10 about anything.
11 Q Did you want that property?
12 A No.
13 Q You told me during the deposition that when
14 the dispute arose about the Virginia property that Connie
15 had sold to Danny that you stopped speaking to Connie. Do
16 you recall that?
17 A I don't recall that conversation, no.
18 Q I am talking about in your deposition?
19 A I do not recall it.
20 Q I am looking at page 16 of your deposition
21 transcript. I asked you, do you have a relationship with
22 Connie Houston, your answer was no longer, no, and I asked
23 you when did that change, and you said sometime prior to the
24 land issue. Do you deny you said that?
25 A No. I probably, yes, said that, but I don't
33
recall the way you had it phrased before.
2 Q Okay. And you also told me that you stopped
3 -- all of your siblings and you stopped speaking right after
4 this land issue came about. Do you disagree?
5 A I think I indicated that I was no longer
6 around them and I did not see them.
7 Q Well, you told me that the reason you stopped
8 speaking with Connie Houston was a personality conflict. Do
9 you disagree with that?
10 A Well, when someone doesn't speak to you, how
11 are you supposed to speak with them?
12 THE COURT: Well, again, that is really not
13 an appropriate response. You can ask the question again.
14 MR. FINCK: Sure. Thank, Your Honor.
15 BY MR. FINCK:
16 Q When I asked you why your relationship with
17 Connie Houston ended when she sold the property to Danny, or
18 put it in Danny's name, you said it was a personality
19 conflict. Do you disagree with that?
20 A No, I agree with that.
21 Q Okay. What was the personality conflict?
22 A I don't know. I didn't see her, and I was
23 not around her.
24 Q When I asked you about Marie Johnstin, and
25 how would you describe your relationship with her, you told
34
me that it had always been a close family relationship until
2 the incident with the land issue. Do you recall saying
3 that?
4 A Yes.
5 Q Can you explain to the Court why that was?
6 A I was not around them, and I did not see
7 them.
8 Q Well, why was it the land issue that made you
9 no longer be around them?
10 A It seems like the road only goes one way, and
11 that is from my house to their house. The phone only goes
12 one way, from my house to their house, and when I stopped
13 calling them I didn't hear from them.
14 Q Okay. Are you saying now today that it was a
15 coincidence t hat no one -- you don't speak with any of them
16 since the lan d issue?
17 A I have not been around them.
18 Q Okay.
19 A I have not seen them.
20 Q Prior to that have you seen them?
21 A At my sister's funeral.
22 Q Okay. Did you get together for family
23 reunions?
24 A We did, but they were not there.
25 Q How about your mother's birthday party? Did
35
you see them there?
2 A I did, but they really didn't speak to me or
3 have anything to say to me.
4 Q Okay. Well, why did you tell me then during
5 your deposition that it was only after the land issue that
6 you had a problem with these siblings?
7 A I wasn't around them.
8 Q Well, you told me during the deposition you
9 had a close relationship with Marie Johnstin until the land
10 issue. So why did you say that?
11 A I don't know.
12 Q Okay. Was it your understanding that William
13 purchased the property from Connie and gave it to Danny?
14 A No. I didn't hear it that way.
15 Q Okay. What did you hear about this Virginia
16 property then?
17 A That my brother had purchased it and had put
18 it in Danny's name until which time his divorce was final,
19 that he -- Danny would deed it back to him or to him, and
20 that he was looking forward to moving down there.
21 Q Okay. Who told you that?
22 A My brother.
23 Q Your brother William?
24 A Yes.
25 Q Okay. Now, when I asked you that question
36
during your deposition you said you heard it from just
2 relatives talking. Are you changing your testimony now?
3 A Well, relatives did talk about it.
4 Q Okay. So everyone was aware of what had
5 happened, right?
6 A Sure.
7 Q Okay. And then you -- later in your
8 deposition you told me that it was Danny that was the one
9 that told you that. Do you disagree with that?
10 A Danny told me first that his father had given
11 him the property.
12 Q Okay. When did you and William first discuss
13 --
14 A It was sometime after that.
15 Q After what?
16 A After Danny had told me.
17 Q Okay. So Danny was the first one to tell
18 you?
19 A Yes.
20 Q And when did Danny tell you that?
21 A My husband had asked Danny if he would check
22 the freon in the AC on the Jeep, and Danny had told him to
23 have him come down on Tuesday morning. He said any time
24 after 8. And I went by there that morning and Danny did
25 check the AC and the freon.
37
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q Okay.
A Danny told me at that time his dad had given
him the property.
Q Okay. Do you recall when that was? What
year?
A That was early March of 2006.
Q March of 2006?
A It was right after my mother's birthday, and
my mother's birthday is March 18th, and my brother was there
for the weekend.
Q Okay. Where did he stay that weekend?
A That particular weekend I think he stayed
with Danny.
Q Did he ever stay with you?
A He did.
Q When?
A After my sister Elizabeth passed away he
stayed with me a couple times.
Q Okay. So in March of 2006 Danny told you
that William had purchased the property and put it in
Danny's name, correct?
A Well, I knew he had already purchased the
property, but he said his dad had given it to him.
Q Okay.
A That's the term he said.
38
Q When did you find out that William had
2 purchased the property?
3 A It was sometime after he had purchased it,
4 and I do not k now when.
5 Q Okay. When was the first time you talked to
6 William about the Virginia land transaction?
7 A It was sometime after he purchased it, and I
8 do not know wh en.
9 Q Do you know whether it was before or after
10 the store prop erty had burned down?
11 A That would have been before.
12 Q Well, you told me during your deposition that
13 the first time you and William ever talked about it was
14 sometime after the store property had been burned down.
15 Are you changi ng your testimony?
16 A But you're asking two different questions.
17 Q Well, I am asking you whether or not -- when
18 was the first time you talked to William about the Virginia
19 land transacti on?
20 A You'll have to rephrase that question.
21 Q Sure. I asked you today when the last time
22 you talked to -- or when was the first time that you talked
23 to your brothe r about the Virginia land transaction was, and
24 you told me it was before the property burned down, correct?
25 A That he had purchased the property, yes.
39
Q Okay. And when I asked you -- when I asked
2 you whether -- did you and William ever have a discussion
3 about that, you said, answer, it was sometime after. He
4 told me that Danny had refused him -- Danny had refused to
5 deed him the land. Okay. So are you saying you did talk
6 with your br other William before the store burned down
7 about the pr operty?
8 A No.
9 Q You did not?
10 A No.
11 Q Okay. How about after the store property
12 burned down, did you talk to William about it then?
13 A It was sometime after the store had been
14 burned down before he had mentioned to me he would not be
15 moving down there.
16 Q Okay. Prior to that did you know it was his
17 plan to move down there?
18 A Yes.
19 Q How?
20 A He had told me.
21 Q When?
22 A Sometime after he had purchased the property.
23 Q What did he say about it?
24 A That he had purchased the property, and when
25 his divorce was final that he wanted to go down there and
40
build a house and renovate the old store.
2 Q Did he tell you that he had put the property
3 in Danny's n ame?
4 A At some point I think he had said yes, he
5 had.
6 Q Okay.
7 A And that Danny would be deeding it to him
8 when he was ready for it.
9 Q Okay. Did you know that Danny had planned to
10 burn the pro perty -- to burn the store?
11 A Yes, because he had told me that Tuesday when
12 I went down there that he checked the AC on the Jeep.
13 Q Okay.
14 A That was his plans, yes.
15 Q So prior to the time that -- prior to when he
16 burned it do wn he told you that he was -- he had plans to
17 burn it?
18 A That was Tuesday before he burned it down the
19 following we ek.
20 Q Okay. So one week prior you knew that the
21 property was going to be burned?
22 A Well, six days or whatever it was.
23 Q Six days. Okay. Did you ever discuss that
24 with William?
25 A No.
41
Q You never told him prior?
2 A No.
3 Q But you said you were aware that William
4 wanted to come down and restore that property?
5 A Yes.
6 Q Why didn't you let William know what was
7 going on?
8 A Well, I had nothing to do with the property.
9 I was not involved in it. It was not my business. That was
10 between Danny and his father.
11 Q Did you have concerns about William -- or
12 about Danny burning the property that William said he was
13 going to restore?
14 A Only because I knew that he would not be
15 moving down there.
16 Q Okay. So you were concerned --
17 A I was concerned.
18 Q If the store is burned, your brother wouldn't
19 come?
20 A Yes. I was concerned that he was not going
21 to be coming down there to live.
22 Q Okay. Did you ever try to talk Danny out of
23 burning the store?
24 A I did ask Danny the day that he told me. I
25 said please think about it.
42
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Q Okay. So you didn't want him to burn that
store down?
A I did not because I knew my brother was
looking forward to renovating it.
Q Okay. And yet you didn't call your brother
and tell him?
A I did not want to be involved in that
business. The answer is still no, I did not tell him.
Q Did you ever talk to William about the store
burning?
A After it had been burned.
Q Can you tell me about that conversation?
A He just told me he would not be moving down
there.
Q Anything more?
A That was about it.
Q Did you tell him that you knew about it?
A No.
Q That you knew about it ahead of time?
A No.
Q Why not?
A I did no t want to be involved in that
business.
Q How did William find out the store had burned
down?
43
A I do not know.
2 Q He didn't tell you?
3 A I did not tell him.
4 Q You didn't tell him?
5 A I did not tell him.
6 Q Okay. That wasn't my question though. Do
7 you know how he found out?
8 A No.
9 Q You told me that he came down himself and
10 visited the p roperty during your deposition and that is when
11 he discovered it. Are you changing your testimony now?
12 A No, he did come down.
13 Q He came down by himself?
14 A Rephrase the question.
15 Q Sure. You told me during your deposition
16 that he came down by himself and discovered that the
17 property had been burned. Are you changing that now?
18 A No. He did come down.
19 Q He did come down, and that is when he
20 discovered the property had been burned?
21 A I am not sure he discovered it then or if he
22 already knew.
23 Q Okay. You told me that he came down and he
24 discovered it on his own.
25 A (inaudible)
44
THE COURT: You are both talking at once.
2 Start the question again.
3 BY MR. FINCK:
4 4 Sure. You told me during your deposition
5 that the first time he discovered it was when he came down
6 and saw it himself. Are you changing your testimony about
7 that?
8 A I don't think I said the first time he
9 discovered it. I said he came down and saw the property
10 burned himself.
11 Q Okay. And prior to that you claim you had
12 never talked to him about that property?
13 A No.
14 MR. MATEYA: Objection, Your Honor. I
15 believe what she said is that she hadn't talked to him about
16 it being burned down, not that she never talked to him about
17 the property at all.
18 MR. FINCK: Fair enough. Fair enough.
19 BY MR. MATEYA:
20 4 You never talked to him about the property
21 being burned down until after he discovered it and brought
22 it to your attention?
23 A Yes.
24 4 Were you at the property the day after it
25 burned?
45
A Yes, I was.
2 4 And what were you doing there?
3 A Danny had asked me to come back in a week so
4 he could recheck the freon in the AC in the Jeep and to come
5 back next Tuesday, he would be off, come any time after
6 8:00, and I came after 8:00.
~ Q Okay. And was that the first you had
8 discovered that the property had been burnt?
9 A That is the first I saw it being burned, yes.
10 Q Okay. Do you recall any conversation with
11 Danny about that?
12 A He was very excited about it, and he was
13 telling me just how it went up in flames and people all
14 around were watching it and how they were videoing it and
15 those comments.
16 Q Okay. Do you recall telling him that his dad
17 was going to be upset with him?
18 A I told him his dad would be very upset and
19 disappointed that he would not be moving back there.
20 4 Okay. Do you recall telling him -- do you
21 recall telling Danny that his father had a bad memory during
22 that conversation?
23 A I don't recall no conversation with memory.
24 4 Okay. Did William ever talk to you about
25 what he intended to do with the property after he died?
46
The Virginia property that is.
2 A What year are you talking about?
3 Q At any point after he purchased the property
4 from Connie and put it in Danny's name, you said that he
5 thought he was going to have it put back in his own name.
6 Did he tell you what he was going to do with it after that?
7 A That was never discussed.
8 Q Okay. During your deposition you indicated
9 that your br other was an open book about his properties. Do
10 you remember that?
11 A Yes, I do.
12 Q Do you still agree with that statement?
13 A Yes, I did.
14 Q So you knew what he owned before he died,
15 correct?
16 A I knew what he said he owned.
17 Q When was the first time you learned that he
18 had executed a will in August of 2005 leaving everything to
19 Danny?
20 A The date of my deposition when you laid it on
21 the table.
22 Q Okay. You had no idea prior?
23 A No.
24 Q Because you and William never discussed that?
25 A No.
47
Q Okay. When was the first time you learned
2 that he had -- he had executed a will in April of 2006
3 leaving everything to you?
4 A Repeat that question.
5 Q Sure. I said when was the first time you
6 learned that William had executed a will in April of 2006
7 leaving everything to you?
8 A April 24th of 2006.
9 Q Okay. And who was present for that
10 conversation?
11 A Bill and myself.
12 Q Nobody else?
13 A No.
14 Q And can you describe to the Court what the
15 circumstances were pursuant to which he told you that
16 information?
17 A We was sitting at the table after my
18 grandchildren had gotten on the bus and having coffee and he
19 had a conversa tion with me.
20 Q Okay. Was this at your house or his house?
21 A This was my house in Dewitt, Virginia.
22 Q Okay. And so April 24th, 2006, he was at
23 your house?
24 A Yes, he was.
25 Q Okay. And what was he doin at
g your house at
48
that time?
2 A He had come up on that Sunday for the family
3 reunion, and that would have been the Whitney family
4 reunion.
5 4 Okay. Did he sta with
Y you during that
6 family reunion?
~ A He stayed with me that ni ht
g yes, or me and
8 my family that night.
9 4 Okay. And what did he tell you about the
10 April 14th, 2006, will during that conversation?
11 A He said that he had really felt betrayed,
12 that he couldn't believe how his son had done him the way
13 that he had about the land, and not deeded it back to him
14 like he had told him that he would, and that he no longer
15 felt that he could trust Danny, and he had concern that if
16 he became disabled, that he needed someone that he felt that
17 he did have the trust that would help him take care of him
18 during this time.
19 Q And was that someone you?
20 A Yes, it was.
21 4 Okay. So your brother had a great deal of
22 respect for you; is that correct?
23 A Yes.
24 4 Okay. And he trusted .you to do --
25 A He trusted me, yes.
49
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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20
21
22
23
24
25
Q Did he talk to you about whether or not he
trusted any of the other siblings?
A At that point, no, he did not or he did not
discuss the others.
4 Okay. Did he ask for your permission to put
you in his will?
A He said if I was able, willing, and would do
so, that he would like to have me in his will and also a
beneficiary of whatever he had, his estate.
Q Did he say what he was going to do if you
were not willing to be his executrix --
A Yes, he did. He said he would go to the next
sister, which was Marie.
4 Okay.
THE COURT: When did this conversation take
place?
THE WITNESS: April the 24th of 2006.
THE COURT: And what was the date of the
will?
MR. FINCK: April 14th, 2006, Your Honor.
THE COURT: So are you saying he was
discussing whether you wanted to be in the will after he put
you in the will?
THE WITNESS: No
He asked me first if I
would consider --
50
THE COURT: When was that?
2 THE WITNESS: April 24th of 2006.
3 THE COURT: Well, apparently he wrote the
4 will April 14th, from what the attorney is saying. So he
5 had already put you in the will evidently.
6 THE WITNESS: Your Honor, he lived in
7 Pennsylvania, I lived in Virginia. He came down that
8 weekend on the 23rd for the family reunion. He did not ask
9 me or discuss it on that day. That Monday morning, which
10 was the next day, my grandchildren had gotten on the bus and
11 gone to school, and we were sitting down having our coffee.
12 That is when he asked me if I would consider
13 being in his will and taking care of his estate if anything
14 happened to him, and he told me wh
y, as I have already told
15 Mr. Finck, that he felt betrayed with his son, and that he
16 just couldn~t believe that his son had done him that way,
17 and that I guess he no longer had trust in him, and he
18 needed someone he could really trust to do this and to take
19 care of him.
20 THE COURT: Well, was it your impression that
21 he had already done that? He had already written the will?
22 THE WITNESS: I did not know, but when I got
23 up to refill my coffee, he got up and went back in the other
24 room where he had stayed that night before, and he came back
25 with a paper in his hand.
51
THE COURT: Oh, I see. It had already been
2 done?
3 THE WITNESS: Well, it had been done
yes,
4 but he asked me if I was willing and able and would do so.
5 THE COURT: Okay.
6 THE WITNESS: And then --
~ THE COURT: Mr. Frock.
$ BY MR. FINCK:
9 4 I'm sorry. Go ahead. You wanted to say
10 something?
11 A Okay. And then he showed me the paper and he
12 said he had changed his will.
13 THE COURT: That he what?
14 THE WITNESS: That he had changed his will.
15 THE COURT: Oh, I see.
16 THE WITNESS: And he said that -
- he asked me
17 if I knew a notary, and I said, well, all banks, car
18 dealerships, things like that have a notary, you know, why
19 do you need a notary? He said because if you are willing,
20 able, and will do so, I would like to have you as the
21 beneficiary, the Power of Attorney, attorney in fact or
22 whatever you do for the will, and we went to the bank, he
23 drove, and we had it notarized at that point. That was
24 April 24th of 2006. I agreed.
25 THE COURT: And what was it you had
52
notarized?
2 THE WITNESS: It was the -- it was the will
3 -- I guess the will and also the --
4 THE COURT: Power of Attorney?
5 THE WITNESS: The Power of Attorney. In case
6 anything happened to him, that I would be able to take care
7 of his needs.
8 MR. FINCK: Okay.
9 BY MR. FINCK:
10 Q And during your deposition you indicated that
11 William was asking you for your approval to put him in -- to
12 put you in his will; is that correct?
13 A He had never mentioned that before to me, no.
14 Q But that day, that morning when he first
15 presented you with the will that had already been completed,
16 he was asking for your approval, correct?
17 A Yes, but I had not seen the will.
18 4 And you said he talked to you about Marie
19 Johnstin?
20 A Briefly, yes.
21 Q Okay. And what did he say about her during
22 that conversation?
23 A He said that if I was unable, unwilling or
24 refused to do it, then he would go to her and ask her if she
25 would consider it.
53
Q Okay. Was he talking about being the
2 executrix?
3 A Yes.
4 Q Was he talking about being the beneficiary?
5 A Yes. He said one hundred percent everything.
6 Q Both executrix and beneficiary would go to
7 Marie?
$ A Exactly.
9 Q Okay.
10 A Yes.
11 Q Did you think it strange that he was only
12 making one sibling the beneficiary of his will?
13 A No, because he said one hundred percent t
o me
14 if I was able and willing and would do so
and if I
,
was not
15 than it would be her, one hundred percent.
16 Q What about the other siblings?
17 A He did not discuss them.
18 Q Did you think that was strange?
19 A No, I did not.
20 Q Did you think it was strange he wasn't
21 splitting it between you and Marie?
22 A I had no thoughts. That was his decision,
23 not mine.
24 Q And am I correct he told you during that
25 transaction that he was not including Danny because of the
54
Virginia land
2 A
3 The reason he
4 to deed him tY
5 Q
6 the property?
property?
He had discussed that a little bit before.
changed the will was because Danny had refused
ie property.
Do you know when he asked Danny to deed him
7 A No, I do not.
8 Q During your -- how many times did you visit
9 -- did you visit your brother in Carlisle in 2007?
10 A It was the spring and the fall. I don't
11 recall the exact dates because during that time I was
12 staying with my mother-in-law. She had passed, and that was
13 about five weeks after my mother had passed. And then from
14 there I had to stay with my father-in-law. He was blind, 91
15 years old, and he had one arm, and I had to stay with him
16 throughout most of that next year.
17 4 So you actually moved in with your in-laws?
18 A No, I did not move in.
19 Q What do you mean then you stayed with them?
20 A I just stayed during the week or would go
21 home one day or at some point during the week when we could
22 get somebody else to stay with him so I could take care of
23 things at my own home that needed to be done.
24 4 Okay.
25 A I never moved in with him, no.
55
Q Okay. So you spent a lot of time?
2 A Yes, I did.
3 Q With your husband's family?
4 A Yes, I did.
5 Q But you did manage to visit your brother
6 twice in 2007?
7 A That was a little break for me
yes.
8 Q A little break for you?
9 A My husband stayed with his father while I
was
10 here. That wa s only for just a couple days.
11 Q So during that time eriod
P you got very close
12 with your husband's family as well, correct?
13 A My husband and I would be married 50 years
14 December 24th.
15 Q And isn't it true you are in a fight with his
16 family as well, similar to the one that we are talking about
17 here today?
18 MR. MATEYA: Objection, Your Honor.
19 THE WITNESS: No.
20 MR. MATEYA: I don't think that has any
21 relevance here.
22 THE COURT: Mr. Finck.
23 MR. FINCK: Your Honor, I think it shows
24 design scheme motive plan. She knows how to get close to
25 somebody, get them into -- tricking them into changing their
56
will in favor of her.
2 THE COURT: All right. The objection is
3 sustained. I don't want to get into a second trial in this
4 case.
5 BY MR. FINCK:
6 Q During your two visits to William's home in
7 2007, did you ever ask him whether he had made any further
8 changes to the will?
9 A No, I did not.
10 Q Okay. So that never occurred to you, to talk
11 to him about that?
12 A I was only here for a brief couple days. So,
13 no, we did not go into any of that.
14 Q At any point after --
15 A No.
16 Q -- your conversation on April 24th of 2006,
17 did he ever -- did you ever ask him about the will again?
18 A No.
19 Q You never discussed it again?
20 A No.
21 Q You stood to inherit quite a bit of money,
22 correct?
23 A I don't know what is in the estate.
24 Q Well, you told me .you knew he had a bunch of
25 properties?
57
A But I still don't know the value.
2 Q Okay. Isn't it true you were having
3 financial problems in 2002?
4 A We were not having financial problems, no.
5 We were using what money we had when we relocated.
6 Q Okay. So your testimony is, no, you were not
7 having financial problems?
8 A No, I was not.
9 Q You filed for bankruptcy in 2002 though,
10 didn't you?
11 A Yes, we did.
12 Q But you are still saying you didn't have
13 financial problems?
14 A I had a lot of medical because I had two
15 surgeries back to back.
16 Q And isn't it also true that your husband
17 retired in 2003 and had to go back to work in 2004?
18 A My husband retired in -- it could have been
19 2003, and he went back to work 4 months later, but that was
20 his decision, his choice.
21 Q In fact, at some point during 2002 you asked
22 your brother to borrow $2,000 from him, correct?
23 A Yes, I did.
24 Q Did you ask any other family members for
25 money?
58
A No, I did not.
2 Q Okay. In your pleadings you indicated that
3 Danny didn't visit his father frequently enough
Do
.
you
4 remember that?
5 A Yes.
6 Q Okay. Yet during your de osition
P you claimed
7 that William never complained about that to you
Do
o
.
y
u
8 recall that?
9 A Yes.
10 Q What made you say it in your pleadings if
11 William never complained about it to you?
12 A I just thought it was odd that he didn't go
13 to visit his father more than he did.
14 Q And how did you know how often he went to
15 visit his father?
16 A His father didn't see him very often.
l~ Q Okay. So now you are saying his father did
18 tell you that he didn't see Danny often enough?
19 A Well, he said he doesn't see him very often.
20 Q Okay. So that was not William's opinion
21 though, it wasn't often enough, it was yours, correct?
22 A I have no opinion on it.
23 Q Well, you put it in your pleadings?
24 A Well, I have no opinion.
25 MR. MATEYA: Objection, Your Honor. I
59
believe this is getting argumentative. I think she's
2 answered the question.
3 THE COURT: It's not argumentative if it is
4 in the pleadings. You can ask that question. Did you not
5 say this in your pleadings?
6 BY MR. FINCK:
~ Q Did you not put in your pleadings that Danny
8 didn't visit his father often enough?
9 A well, often enough is what?
10 Q I don't know. You put it in the pleadings.
11 A One time -- I mean two times a year, three
12 times a year, four times a year, whatever. I mean often
13 enough is what?
14 Q Tell me why you put it in the pleading then.
15 A Why did you ask the question? I mean you
16 asked the question. I answered it.
17 Q No, no, no. In your pleadings.
18 THE COURT: Pull out the complaint, show her
19 the pleading, and see if she said that.
20 BY MR. FINCK:
21 Q I am showing you a document titled
22 Respondent's Response to Citation Sur Appeal from Decree of
23 Probate, and it is dated March 26, 2009, and it has a
24 verification. Is that your signature on the verification?
25 A Yes, it is.
60
4 Okay. And in paragraph 13 you said,
2 Respondent -- that is you?
3 A Yes.
4 Q Avers and therefore believes that Petitioner
5 decedent had several sharp disagreements and had clashed
6 over several large issues, including the real property which
7 decedent owned in Virginia. Petitioner visited decedent
8 infrequently. Petitioner did not invite decedent to his
9 daughter's wedding. Prior to the disagreement over the
10 property, decedent helped Petitioner become established
11 financially?
12 A Yes.
13 Q Okay. So you saw that and you verified that
14 as being true?
15 A Yes.
16 Q Okay. Now, why did you put in there that the
17 Petitioner, Danny, visited his father infrequently?
18 A Because that is what his father said.
19 Q Okay. During your deposition you told me
20 that his father never mentioned that to you. So why is your
21 testimony changing now?
22 A I don't recall.
23 Q I asked you, okay, did William ever complain
24 to you about Danny not visiting him, and you said not
25 personally, no. Do you disagree with that?
61
A No. I agree I said it.
2 4 Okay. Yet you just testified that William
3 told you that Danny didn't visit him enough?
4 A Well, he had mentioned it several times, that
5 he didn't see him very often.
6 4 And so what you told me during the deposition
7 was untrue?
8 MR. MATEYA: Objection, Your Honor. I
9 believe these are two different sides of the same coin, and
10 what she is saying is clear as can be.
11 THE COURT: You can ask the question. Do you
12 feel that you said something different at your deposition
13 from what you are saying now?
14 MR. MATEYA: Your Honor, if we could have the
15 exact same questions read because we're talking about
16 complaining and seeing and mentioning and hearing, and
17 Mr. Frock's trying to throw them all in one big pot. And so
18 as long as the answer isn't exactly the same, oh, well, now
19 you are changing your testimony when, in fact, the questions
20 have been slightly changed.
21 THE COURT: I will ask again. Do you feel
22 you said something different at your deposition from what
23 you are saying now?
24 THE WITNESS: Not that I can recall.
25 THE COURT: Mr. Frock.
62
BY MR. FINCK:
2 4 During your deposition I asked you, did
3 William ever complain to you about Danny not visiting him.
4 Would you like to read your answer? Right here, line 22.
5 A Okay. I don't recall.
6 4 No. Line 22.
~ A Not personall
y, no .
8 4 Then you later said, I don't recall any
9 conversation where he complained whether he did or didn't.
10 Do you see that?
11 A Yes, I do.
12 Q That is in your deposition?
13 A Yes. I didn't recall that.
14 Q Okay. Yet earlier you did testify that he
15 told you that during -- during this proceeding he told you
16 that he didn't visit him frequently enough. So why is your
17 testimony changing?
18 A I don't recall that.
19 MR. MATEYA: Objection, again, Your Honor.
20 It is not changing. He's asking why did you say it wasn't
21 frequent enough, and here he asked did he complain.
22 Frequency and complaints are two different things.
23 THE COURT: It is as of cross. I will sort
24 it out.
25 MR. MATEYA: Thank you.
63
THE COURT: An other
Y questions,
2 Mr. Finck, of this witness?
3 BY MR. FINCK:
4 4 In your pleadings you indicated there were
5 several large sharp disagreements between Danny and William.
6 Can you tell me, aside from the property that Connie Houston
7 put in Danny's name and William purchased, what other sharp
8 disagreements were there?
9 A This has been many years ago, and my brother
10 had given my mother one acre of land and he had told her
11 that if she ever wanted to sell it that he would buy it back
12 from her. And my brother, the decedent, had asked her over
13 a period of the years if she wanted to sell it back to him
14 and he would give her lifetime rights, and then there was
15 some clash there because I think at that point my mother had
16 already deeded it to Danny.
17 Q Okay. Did that transaction between your
18 mother and Danny -- did that occur before 2005?
19 A Yes.
20 Q Okay. Were there any other sharp
21 disagreements between Danny and your brother?
22 A I don't recall any other than the store
23 property thing that -- they had a disagreement on that.
24 Q Okay. So at least between August of 2005 and
25 April of 2006, the only disagreement between them related to
64
the store property; is that correct, to your knowledge?
2 A To my knowledge.
3 4 Okay. So when you pled that in your answer,
4 you were talking about the Virginia land transaction and the
5 transaction involving your mother and Danny, nothing else?
6 A Correct.
~ 4 You also put in your pleadings that William
8 was upset about not being invited to his granddaughter's
9 wedding?
10 A He did mention that to me.
11 Q How many times?
12 A Probably once.
13 Q Did you ever do anything to ascertain whether
14 it was true?
15 A No.
16 Q When he would talk to you about the Virginia
17 land transaction involving Danny, did he seem angry?
18 A Repeat that question.
19 Q When he would talk to you about the Virginia
20 land transaction involving Danny, did he seem angry?
21 A That Danny did not deed it back to him when
22 he had promised. He seemed a little angry, upset,
23 disappointed, he couldn't believe his son betrayed his trust
24 Q Okay. Did his voice raise when he talked
25 about it?
65
A I don't recall any extreme anyway --
2 anything.
3 4 Did you ever tell anyone that William had
4 made you the sole beneficiary of his estate?
5 A Before his death or after his death?
6 4 Before his death?
~ A I don't recall, sir.
8 Q During your deposition you affirmatively said
9 no. Now you're saying you don't recall?
10 A I don't recall, no.
11 Q Okay.
12 THE COURT: We will take a short recess and
13 then reconvene. You can step down.
14 THE WITNESS: Thank you.
15 (A recess was taken at 10:53 a.m., and court
16 resumed at 11:14 a.m.)
17 AFTER RECESS
18 THE COURT: Please be seated.
19 MR. MATEYA: Your Honor, if we might, I have
20 talked with counsel, and while Ms. Davenport's direct is not
21 quite finished, we had discussed calling attorney Mark
22 Bayley as a witness, and Attorney Bayley is available. Do
23 you mind if we take him out of order?
24 THE COURT: I don't mind if you do that.
25 Whereupon,
66
MARK F. BAYLEY, ESQUIRE
2 having been duly sworn, testified as follows:
3 DIRECT EXAMINATION
4 BY MR. MATEYA:
5 Q Good morning, Mr. Bayley.
6 A Good morning.
7 Q Could you state your name for the record,
$ please?
9 A Mark F. Bayley.
10 Q And your address?
11 A Business address?
12 4 That would be fine.
13 A 17 West South Street, Carlisle.
14 Q And is that where you are employed?
15 A That's right.
16 Q Okay. And are you self-employed?
17 A Self-employed.
18 Q All right. Mr. Bayley, how long have you
19 been an attor ney?
20 A Since 2001.
21 Q And do you know Attorney Jane Adams?
22 A I do.
23 Q And how do you know her?
24 A From her being a colleague. I've known her
25 since 2001 at least.
67
Q Okay. And tell me, do you draft and execute
2 wills as a part of your legal practice?
3 A As a small part.
g Q Okay. And do you know, did Jane Adams
5 execute wills as a part of her legal practice in 2006?
6 A Yes.
~ THE COURT: You mean did she draft a will?
g MR. MATEYA: I'm sorry?
g THE COURT: Did she draft the will.
10 MR. MATEYA: Yes, just whether she drafted
11 wills generally.
12 THE COURT: Well, she doesn't execute them,
13 she drafts them.
14 MR. MATEYA: Did I say --
15 MR. FINCK: We'll stipulate to that.
16 MR. MATEYA: Thank you, Your Honor.
1~ THE WITNESS: She drafted wills in 2006, yes.
lg MR. MATEYA: Yes. Thank you.
19 BY MR. MATEYA:
20 Q I am showing you what has previously been
21 marked as Exhibit 1.
22 THE COURT: This is Respondent's Exhibit 1?
23 Petitioner's?
24 MR. MATEYA: This is actually -- we had
25 marked this originally at the first hearing, Your Honor, as
68
Executrix 1.
2 THE COURT: Okay.
3 BY MR. MATEYA:
4 Q Can you take a look at that, Mr. Bayley? Do
5 you recognize that copy?
6 A I don't remember this.
~ Q Okay. If you would take a look at the last
8 page there.
9 A Right.
10 Q Do you recognize the signature on that page?
11 A That's my signature above the witness line.
12 Q Okay. And explain to me, if you would, how
13 it is that your signature would be there on Mr. Evans's
14 will?
15 A I would have witnessed him signing the
16 document.
17 Q Okay. And do you recall meeting Mr. Evans?
lg A I don't.
19 Q Okay. Were you, in deed, sharing an office
20 with Attorney Jane Adams at that time in April of '06?
21 A Yes.
22 Q Okay. And did you routinely witness
23 testators signing their wills?
24 A Yes.
25 Q Okay. Do you know how often you did that in
69
2006?
2 A Maybe a half dozen times.
3 Q Okay. Tell me, would you routinely speak to
4 the testator before you executed as a witness -- signed your
5 signature as a witness?
6 A Not always. Sometimes I would just witness
7 them sign it. I wouldn't always talk with them directly.
g Q Okay. All right. Tell me what the process
9 was that -- generally what you would do.
10 A When Jane had a client available ready to
11 sign, she would call me over, I would go over, they'd sign,
12 I would witness it, and then I would sign it.
13 Q And did you ever make small talk with them or
14 sometimes yes, sometimes no?
15 A Occasionally.
16 Q Okay. But in this case you don't recall
17 specifically?
lg A I don't.
19 Q Okay. So the process that you just laid out
20 for me, is it safe to assume that you probably used that
21 same process when you executed your signature here and
22 witnessed his signature?
23 A It is.
24 Q Okay. Do you recall anything that would lead
25 you to believe that you did not do so?
70
A No.
2 Q Okay. Have you done any work for Mr. Evans
3 since you executed -- or since you were a witness to his
4 will?
5 A No, not that I recall.
6 Q Had you done any work for Mr. Evans before
7 you had witnessed this will?
8 A Not that I recall.
g MR. MATEYA: Okay. No other questions, Your
10 Honor.
11 THE COURT: Mr. Finck.
12 MR. FINCK: Thank you.
13 CROSS EXAMINATION
14 BY MR. FINCK:
15 Q Very briefly. Thank you for being here,
16 Mr. Bayley. You indicated that you do not recall William
17 Evans at all?
18 A Correct.
19 Q Okay. And can you estimate how many wills
20 you witnessed for Ms. Adams?
21 A I would estimate approximately six a year.
22 Q Okay.
23 A Since that time.
24 Q Okay. Do you know William Evans?
25 A No.
71
Q Okay. And you didn't know him prior to April
2 of 2006?
3 A No.
4 Q Okay. So you don't recall any discussions
5 with William Evans on the day that you witnessed his will?
6 A No.
7 Q Do you recall him having any discussions with
8 Jacqueline Ege on the day that he witnessed -- or that you
9 witnessed Mr. Evans's will?
10 A No.
11 MR. FINCK: Nothing further.
12 THE COURT: Mr. Mateya.
13 MR. MATEYA: Nothing further.
14 THE COURT: When you say you shared an office
15 with Ms. Adams, am I correct that you were not in practice
16 together?
17 THE WITNESS: That's correct. At the time I
18 was in practice with Hal Irwin, and she was leasing an
19 office from Hal.
20 THE COURT: I see. And when you would
21 witness these signings of wills, do you recall anyone where
22 you felt that had some question that because of something
23 the testator did that led you to think that the testator
24 might be incompetent?
25 THE WITNESS: If I suspected a testator was
72
incompetent, I would be hesitant to witness a will. In
2 other words, no, I never remember witnessing a will where I
3 believed there was an issue with competency with regard to
4 the testator.
5 THE COURT: Any other questions?
6 MR. MATEYA: No, Your Honor.
7 MR. FINCK: No, Your Honor.
8 THE COURT: All right. You may step down.
9 Thank you. May this witness be excused?
10 MR. MATEYA: Yes, Your Honor.
11 MR. FINCK: Yes.
12 THE COURT: You may stay or leave as you
13 choose. Thank you.
14 MR. MATEYA: We are going to resume where we
15 are.
16 MR. FINCK: Your Honor, I have no further
17 direct examination for Ms. Davenport.
lg (Irma Davenport resumed the stand.)
19 THE COURT: For the record, would you state
20 your name again, please?
21 THE WITNESS: Irma Davenport.
22 THE COURT: Thank you.
23 MR. MATEYA: Your Honor, if I could, just a
24 point of order, I want to speak with Ms. Davenport about a
25 few things that were raised by Mr. Finck. If, in deed, we
73
end up having to put on our own case-in-chief, I may call
2 her again on direct. Thank you.
3 THE COURT: All right.
4 EXAMINATION
5 BY MR. MATEYA:
6 Q Ms. Davenport, you were questioned about
7 whether or not you thought your brother had any mental
8 decline, specifically in the years 2005, 2006, but I believe
9 Mr. Finck asked you all the way back to 2002, and you said
10 that you didn't think so. I want to ask you, did William
11 tend to repeat himself?
12 A At times occasionally.
13 Q Was that something that he always did or was
14 that something that you saw over the course of his life?
15 A Well, occasionally but -- occasionally.
16 Q Okay.
17 A Yes.
lg Q In your thinking was it worse in 2005, 2006
19 than it had been?
20 A I never really paid any attention to it. He
21 was always the same to me. I didn't see a lot that someone
22 else may have seen.
23 Q Okay. While you were here you heard your
24 three siblings testify that you were with Bill on a frequent
25 basis, and specifically then that you were asked about 2005
74
and 2006. Mr. Finck asked you how often you were there.
2 Is it still you r testimony that you were there maybe twice a
3 year?
4 A Approximately twice a year.
5 Q And in 2005 and 2006 were you caring for
6 parents -- your parents and your husband's parents in both
7 of those years?
8 A Yes.
9 Q And was that a fairly time-consuming
10 undertaking?
11 A Yes.
12 Q Actually Mr. Finck asked you if you had moved
13 in there.
14 A It felt like it at times.
15 Q I understand. And when you would be there
16 once or twice a year, were you there for a month at a time?
17 A No.
18 Q How long were you there each time?
19 A Just for a few days. Maybe two, three at the
20 most.
21 Q Okay. Thank you. I next want to ask about
22 the pacemaker. A great deal has been made about the
23 pacemaker. Can you tell me the story of how you learned
24 that your brother -- your late brother had a pacemaker?
25 A When Danny came back from the hospital after
75
he had identified the body, he came in and said his dad had
2 a pacemaker. His dad had emphysema. I said, Danny, you
3 didn't know your dad had a pacemaker or emphysema? No, no,
4 no, no. And that was the extent of that. Later the coroner
5 came back to give him his wallet, and they said something at
6 that point about the pacemaker and emphysema, and I was
7 basically in the other room when he came in.
8 Q So when Danny said that to you, was that the
9 first time you heard that he had a pacemaker?
10 A Yes.
11 Q Okay. And you are asking him -- when you
12 asked Danny, Danny, you didn't know?
13 A Exactly.
14 Q were you implying because I knew? Is that
15 what you meant? I knew he had a pacemaker?
16 A No.
17 Q Okay.
18 A I was surprised Danny did not know.
19 Q Okay. But you didn't know?
20 A I never knew, no.
21 Q Okay. And there's been testimony that you
22 came up here to help him whenever he had a pacemaker put in.
23 Did that happen?
24 A No.
25 Q Okay. I heard you speak several times about
76
reunions and Mr. Finck asked you about some family reunions.
2 I would like to point specifically to the family -- the
3 Whitney family reunion of 2006.
4 A Yes.
5 Q Okay. Do you recall that?
6 A Yes. I was there.
7 Q So you did attend that?
8 A Yes.
9 Q Who did you arrive with for that?
10 A Myself, my daughter, and my two
11 granddaughters.
12 Q So the four of you went?
13 A Yes.
14 Q Okay. And did you have to go early? Did you
15 get there late? What happened?
16 A I went a little earlier because I had the
17 food and it was already prepared and I needed to help with
18 setting up some things.
19 Q Now, you didn't mention your husband Bernard.
20 Did he not go to that reunion?
21 A He did, but he and the brother came later.
22 Q Which brother?
23 A That would be William.
24 Q So William came late?
25 A With my husband Bernard.
77
Q And you were leaving from your house in
2 Dewitt?
3 A Yes.
4 Q And then how far away was the Whitney family
5 reunion?
6 A Probably 40, 45 miles. I am not really sure
7 exactly.
8 Q Okay. So had your brother Bill arrived at
9 your house in Dewitt?
10 A He had arrived a few minutes earlier and
11 wanted to tak e some time to get the dog settled in to give
12 her a chance to get a little bit familiar, and I needed to
13 go earlier.
14 Q Okay.
15 A So they came. They came later.
16 Q Could you, Bernard, and your daughter and
17 your two granddaughters and yourself, could you have all fit
18 in your car?
19 A No, they could not. It only holds five.
20 Q Okay. What kind of a car is it?
21 A It's a Toyota.
22 Q Okay. So you arrived at the reunion, and
23 Bill and Bernard arrived later?
24 A Yes.
25 Q Okay. Who did you leave with?
78
A I left with my husband, my daughter, and my
2 two granddaughters.
3 Q Okay. Did you leave before Danny and his
4 family left?
5 MR. FINCK: Objection, Your Honor, relevance.
6 THE WITNESS: No.
7 MR. MATEYA: Actually, Your Honor, he spent a
8 fair amount of time questioning Danny on who left when, and
9 this person left with this Bill and this person left after
10 and this person left before. I am following up, Your Honor,
11 trying to paint a little clearer picture.
12 THE COURT: Mr. Finck.
13 MR. FINCK: Well, first of all, that wasn't
14 during my direct examination of Ms. Davenport. Second of
15 all, who Ms. Davenport herself left with wasn't what was
16 testified to by my client at any point. So I don't see how
17 it is relevant.
18 MR. MATEYA: Actually that is not true. The
19 report will show that his client testified that
20 Ms. Davenport left with Bill. That is the only reason I am
21 going here, Your Honor.
22 THE COURT: You may ask the question if you
23 feel it is important.
24 BY MR. MATEYA:
25 Q Who did you -- pardon me. I will try to cut
79
to the chase then, Your Honor. Thank you. Did you leave
2 with Bill?
3 A No.
4 Q Do you know where Bill went to directly after
5 the reunion?
6 A No.
7 Q Did Bill return to your house in Dewitt
8 afterwards?
g A Later that night.
10 Q How far -- I'm sorry. You already said it's
11 about 45 miles from Dewitt?
12 A Yes.
13 Q Okay. And as far as you know, did he drive
14 there himsel f?
15 A Yes.
16 Q Ms. Davenport, there was some question about
17 the Power of Attorney document and the will and the dates,
18 and if I und erstand what you testified, in answering
19 Mr. Finck's questions and the Judge's questions, your
20 brother spok e with you on the 24th of April?
21 A Yes.
22 Q But the will had already been executed, I
23 believe, on the 16th of April. So the document that he
24 showed you, the will, was already complete; is that correct?
25 A Yes.
80
Q Okay. I am going to show you again what has
2 been marked as Executrix 1. Is that a copy of the will that
3 he showed you that day on the 24th?
4 A Yes, it is.
5 Q Okay. And if you take a look at the last
6 page there, there are some signatures. Go to the last page.
7 A Yes.
8 Q Okay. Do you see two signatures there as
9 witnesses?
10 A Yes.
11 Q And is there a notary signature -- a notary
12 block on that page?
13 A Yes.
14 Q What's the date that these were notarized?
15 MR. FINCK: Your Honor, we will stipulate
16 that the docu ment speaks for itself.
17 THE WITNESS: April 14th, 2006.
lg MR. MATEYA: That's fine.
19 THE COURT: All right.
20 MR. MATEYA: I'll keep moving through this.
21 That is fine.
22 BY MR. MATEYA:
23 Q The questions that were posed to you about
24 the Power of Attorney and the will, you said your brother
25 wanted to make sure that you were ready, willing, and able,
81
I believe you said?
2 A Yes.
3 Q Concerning these documents, and you were
4 talking about that they were dependent on each other. Did
5 your brother talk to you and want to be sure that you were
6 willing to serve as his attorney in fact through the Power
7 of Attorney document so that if something happened to you --
8 pardon me, if something happened to him you would be there
9 to take care of him?
10 A Yes.
11 Q Was he tying those two things together, the
12 Power of Attorney document and the will?
13 MR. FINCK: Objection, calls for speculation.
14 MR. MATEYA: Your Honor, I believe because
15 they were in that conversation she has every right --
16 THE COURT: She can say what the conversation
17 was, but not what her conclusion is to what was in her
18 brother's mind.
19 MR. MATEYA: Okay. Thank you, Your Honor.
20 BY MR. MATEYA:
21 Q Did your brother want to know if you were
22 willing to take care of him?
23 A Yes.
24 Q Should something happen?
25 A Yes.
82
Q Okay. And he showed you that document that
2 had already been executed?
3 A Yes.
4 Q Okay. And it was after that, am I correct,
5 that you went and had the Power of Attorney document
6 notarized?
7 A On the 24th of April, 2006, yes.
8 Q Okay. I am going to shift gears a little
9 bit. It was asked of you earlier if you ever borrowed money
10 from your brother, and you answered that you borrowed -- I
11 believe you said $2,000 in 2002?
12 A Yes.
13 Q Did you pay that back to him?
14 A Yes.
15 Q And when did you pay it back?
16 A It was shortly after.
17 Q Okay. So it was a short-term loan?
18 A Yes.
19 Q Did he ever bring it up to you again?
20 A No, because it was paid.
21 Q Okay. Did you ever ask your sister Connie
22 about purchasing the land, the land that is in question
23 here?
24 A I don't recall specifically, no. I had said
25 something about we were going to relocate after retirement,
83
and at that point we had decided that we wanted to be
2 halfway between Richmond and South Hill because Bernie's
3 parents were there and that is where all of my medical
4 doctors were, and I did not want to change. I had a lot of
5 medical issues.
6 Q Okay.
7 A And we purchased that land there in 2001
8 before we moved in 2002.
g Q Okay. Just a few more things, Ms. Davenport.
10 You earlier, when you were being questioned by Mr. Finck --
11 there was a question about when you had spoken to your
12 brother, and I believe it was about when he decided to buy
13 the property, and then when he bought the property, and when
14 Danny refused, and there were several different issues
15 there.
16 Could you tell me in order the best -- to the
17 best of your knowledge, when you spoke to your brother about
18 moving down -- first about moving down to Virginia? Do you
19 remember when he spoke to you about -- pardon me, when he
20 spoke to you about that?
21 A He mentioned something about purchasing the
22 property. I do not know when. I never saw a contract. I
23 never asked what the dates were or when. It was sometime
24 afterwards he had mentioned to me that he had bought the
25 land from Connie. His intentions were to build a house and
84
renovate the old store and house combined, and that it would
2 give him something to do to piddle with or work on to occupy
3 his time because he was retired.
4 Q Okay. Thank you.
5 A And --
6 Q I'm sorry. Go ahead if you have more to say.
7 A No.
g Q Okay. And do you recall when you -- I'm
9 sorry, when your brother learned that Danny was not going to
10 -- that Danny was not going to return the land to him.
11 When did you learn that? When did you learn that? That is
12 what I am trying to find out.
13 A That was the Tuesday I went to Danny's house
14 for him to check the freon in the AC of the Jeep.
15 Q Okay.
16 A Danny himself told me his dad had gave him
17 the property.
lg Q Had you spoken to your brother, Bill, before
19 you had that conversation with Danny?
20 A No, I didn't know anything about it at that
21 time.
22 Q And I believe that it is at that time that
23 you told Mr. Finck that Danny told you he was going to burn
24 the property down in about six days?
25 A Yes, the following Monday.
85
Q Okay.
2 A He had already scheduled it.
3 Q I am going to look at those six days then
4 between there. Do you recall if you talked to your brother
5 between -- in those six days?
6 A I don't recall. It seems like I had to go
7 back into Richmond for different things with the in-laws
8 because they were constantly one or the other at a doctor.
9 Q Okay.
10 A And during the time they were also both in
11 the hospital.
12 Q Okay. Now, the property burns down, and when
13 did you learn about that?
14 A It was the day after when I went back to
15 Danny's to rec heck the AC.
16 Q Okay. And to the best of your knowledge,
17 when did your brother learn that the property had burned
18 down?
19 A I do not know to be exact.
20 Q Okay.
21 MR. MATEYA: Your Honor, if you could give me
22 just a moment, I don't think I have anything else.
23 THE COURT: Certainly.
24 MR. MATEYA: At this point. No, and again,
25 Your Honor, if we do have to put on our case-in-chief I will
86
call Ms. Davenport again. Nothing further.
2 THE COURT: All right. Mr. Finck.
3 MR. FINCK: Thank you. Very briefly.
4 EXAMINATION
5 BY MR. FINCK:
6 Q Ms. Davenport, am I correct that the Whitney
7 family union was in April of 2006?
8 A Yes, it was. I believe the date was April
9 23rd.
10 Q Okay. And that was the time when your
11 brother William cam e down and stayed you with?
12 A Yes. He stayed in my home that night.
13 Q And then the very next morning -- the reunion
14 was on Sunday?
15 A Yes.
16 Q And then the next morning he discussed his
17 will with you?
18 A Yes, he did.
19 Q Okay. Were you ever present when William
20 asked Danny to deed the Virginia store property over to
21 William?
22 A No, I was not.
23 MR. FINCK: Okay. Nothing further, Your
24 Honor.
25 THE COURT: Okay.
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MR. MATEYA: Nothing further, Your Honor.
2 THE COURT: You had said something, and I
3 just wanted to clear it up because I didn't quite understand
4 it. You said you signed something that indicated you were
5 willing to serve as executrix of the estate. Do you have a
6 copy of what you signed?
7 THE WITNESS: Yes.
8 THE COURT: You do?
9 THE WITNESS: That's the copy that you have
10 -- the blue copy, the original copy.
11 THE COURT: You say you as if I have it, but
12 you're talking to Mr. Mateya. Anyway, you do have something
13 that shows that?
14 THE WITNESS: Yes.
15 THE COURT: Okay.
16 THE WITNESS: It is a copy of the original.
17 MR. MATEYA: May I, Your Honor?
18 THE COURT: No, that is all right. I just
19 was curious as to whether there was something more than a
20 Power of Attorney signed, and you think there was?
21 THE WITNESS: I'm sorry?
22 THE COURT: You think there was something
23 more than a Power of Attorney signed by you or are you not
24 sure?
25 THE WITNESS: No, that was the beneficiary
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and everything of him with his estate and everything that
2 was combined with that.
3 THE COURT: All right. Well, we will let the
4 counsel bring out whatever you signed.
5 THE WITNESS: And it is also dated for the
6 24th of April with a notary.
7 THE COURT: Okay.
8 MR. MATEYA: If I may, Your Honor, just do a
9 few direct questions I think it might be able to help clear
10 it up.
11 BY MR. MATEYA:
12 Q I am showing you -- it's been marked
13 Petitioner's 8, the Power of Attorney, and I have the
14 original here, and I am showing this to Ms. Davenport.
15 Ms. Davenport, take a look at that document and take a
16 moment and page through. I believe there will be someplace
17 where you see your own signature. Okay. Is that the
18 document that you were referring to? The Judge asked you
19 about a document?
20 A Yes, it is.
21 Q Okay. And, Ms. Davenport, do you understand
22 that that is a Power of Attorney document?
23 A Yes.
24 Q And do you understand that there are not
25 beneficiaries to a Power of Attorney document?
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A Yes.
2 Q This is the document -- this is the document
3 that your brother asked you to have notarized?
4 A Yes.
5 Q Am I correct then at that time he -- this was
6 one document that you looked at, he had a second document
7 that he showed you as well; is that correct?
8 A Yes. The will.
9 Q The will.
10 A Yes.
11 Q Okay.
12 A Did I confuse the two?
13 Q I'm not even going to go there with you.
14 A Okay.
15 Q I wanted to make sure that you understood
16 that these were two separate documents.
17 A Yes, they are.
18 Q Okay. And is it your understanding that Bill
19 was talking to you that morning about these two documents?
20 A Yes.
21 Q He wanted to be sure that you were willing to
22 assist him if he needed it -- however he might need that
23 assistance thr ough the Power of Attorney document?
24 A Yes.
25 Q Okay. And he also said if you are willing to
90
do that, here, I've already done my will and, you're the
2 beneficiary?
3 A Yes.
4 Q Is that correct?
5 A Yes.
6 MR. MATEYA: Thank you.
7 THE COURT: Okay. Mr. Finck.
8 EXAMINATION
9 BY MR. FINCK :
10 Q Well, Ms. Davenport, I believe you testified
11 during your direct -- I'm sorry, during your cross
12 examination that you also signed the will in front of a
13 notary, didn 't you?
14 A I guess I was confused because it is two
15 separate thi ngs, but it was all done at the same day.
16 Q Okay. And I asked you about that during the
17 deposition, and I said, so are you talking about the Power
18 of Attorney, and your answer was, no, the will. Were you
19 confused the n as well?
20 A I probably was because it was all done the
21 same day at the same time.
22 Q Okay. Did William ever talk to you about
23 whether the Power of Attorney and the executor or the
24 beneficiary, was that all supposed to be the same person?
25 A Yes.
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Q What did he say about that?
2 A He said that the Power of Attorney -- that if
3 he became ill or disabled or I needed to take care of any
4 particular thing for him and he was not able, that would
5 give me the right to do that.
6 Q Okay. Did he talk to you about why he was
7 only choosing one person for all three?
8 A He told me he could trust me.
9 Q That's it?
10 A That's it.
11 MR. FINCK: Nothing further.
12 THE COURT: Okay. Mr. Mateya.
13 MR. MATEYA: Yes. One additional issue.
14 EXAMINATION
15 BY MR. MATEYA:
16 Q Do you recall, did Bill say to you that with
17 the Power of Attorney document should he need some
18 assistance you would have the right to liquidate property?
19 MR. FINCK: Objection, leading.
20 THE COURT: You have called her as of cross,
21 and I don't remember what the rule is when you call somebody
22 as of cross whether the other attorney is allowed to
23 cross-examine or has to ask questions as if they are direct.
24 Does either counsel know the answer to that?
25 MR. MATEYA: I will be frank with Your Honor
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that I do not. I would be fibbing if I told you I knew the
answer to that.
MR. FINCK: I thought you were permitted to.
THE COURT: You may be right.
MR. FINCK: But I am not a hundred percent on
that.
MR. MATEYA: I can rephrase the question.
THE COURT: Why don't you do that?
MR. MATEYA: That's fine. In the interest of
fairness I am just going to withdraw that question and
rephrase it.
BY MR. MATEYA:
Q Did Bill say anything to you about why he
believed it was a good idea for you to have a Power of
Attorney?
A He felt that he could trust me with the
decisions concerni ng him if he -- if I needed to take care
of him.
Q And did he give you any definition of taking
care of him?
A If anything happened that he was unable to
continue himself to do his own -- be on his own.
Q Okay. And did he explain it any further or
no?
A Well, that basically said anything so...
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Q Okay. But the two of you didn't have a more
2 detailed disc ussion about what anything might mean?
3 A No.
4 Q Okay. That's fine.
5 A Health -- I guess health is what he was
6 relating to.
7 Q Was he concerned -- did he talk to you about
8 in case my he alth goes bad?
9 A Well, if he had a stroke or broke his leg or
10 I needed to c ome to his house and stay with him during that
11 time until he recuperated or got well, whether it was
12 temporary or permanent.
13 Q Okay. That is fine.
14 THE COURT: Mr. Finck.
15 MR. FINCK: Nothing further, Your Honor.
16 THE COURT: Okay. You may step down. Thank
17 you.
18 MR. FINCK: Your Honor, with that I would
19 like to move for the admission of Petitioner's Exhibit 9,
20 which is the deed for the Virginia property.
21 THE COURT: Is there any objection?
22 MR. MATEYA: No objection, Your Honor.
23 THE COURT: Petitioner's Exhibit 9 is
24 admitted.
25 (Petitioner's Exhibit No. 9 was admitted into
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evidence.)
MR. FINCK: And with that, Your Honor, the
Petitioner rests.
THE COURT: All right. Was there no exhibit
10?
MR. FINCK: No, no Petitioner's Exhibit 10.
THE COURT: Okay. Mr. Mateya.
MR. MATEYA: Your Honor, at this time I would
like to move for a directed verdict on two things actually,
Your Honor. First, I would like to move for a directed
verdict on the claim of testamentary capacity. This count
requires the proponent of the deposition, in this case
Mr. Evans, to prove to a standard of clear and convincing
evidence that the testator, one, lacked the mental capacity
to execute a will, and, two, that the testator was under
some influence. Forgive me, that he lacked capacity, is
what I wanted to say there, Your Honor. Mr. Evans has
failed to prove, based on the testimony that he has raised,
that William Evans lacked mental capacity to execute a will.
I, therefore, move for a directed verdict on that count,
with prejudice.
Additionally, Your Honor, I would like to
move for a directed verdict on the claim of undue influence.
The claim of undue influence requires the testator prove by
clear and convincing evidence that there was some
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substantial benefit, which is not argued here, Your Honor,
that there was a confidential relationship that existed
between the testator and the person -- and that the testator
suffered from weakened intellect.
Danny Evans has failed to prove, based on the
testimony that he has raised, that Mr. Evans had a weakened
intellect or that there was a confidential relationship in
its legal definition between William Evans and Irma, and so
I move for a directed verdict, with prejudice, on that count
as well, Your Honor.
THE COURT: I think it would be a compulsorv
nonsuit at this stage.
MR. MATEYA: Not a directed verdict?
THE COURT: I think it is called a compulsory
nonsuit. In any event, I understand the gist of the motion.
Mr. Finck.
MR. FINCK: Thank you. Your Honor, with
respect to the testamentary capacity, the caselaw requires
that a person possesses testamentary capacity if he knows
three things. Those who are the natural objects of his
bounty, of what his estate consists, and what he desires to
have done with it.
Here there is a question as to why he would
not include two of the siblings, but yet listed all of the
others. Furthermore, of what his estate consists, there is
96
a question regarding this Virginia property, whether he ever
2 owned it. I think he was clearly confused as to the status
3 of ownership of that property. Accordingly, he did not have
4 an understanding of what his estate consisted of, and
5 finally, what he desires to have done with it.
6 The issue there is, as Ms. Davenport herself
7 testified to, what he told her was that he desired that if
8 she didn't want to do it then everything goes to the second
9 sister, Marie. And that is not what the will provides for.
10 What the will provides for is that Marie could be the second
11 executrix if Irma Davenport did not want to serve as such.
12 However, the will does not provide that Marie would be a
13 substitute beneficiary.
14 Assuming -- the way the will is written,
15 whether or not Irma Davenport wanted to be the -- wanted to
16 be the executrix, only Marie was going to be the beneficiary
17 -- or only Marie was going to be the beneficiary if she did
18 not want to be. Marie was not -- I'm sorry. I'm getting
19 myself tangled up here. But what I'm saying is Marie was
20 not a second beneficiary, as the decedent apparently told
21 Ms. Davenport he wished for her to be if Ms. Davenport would
22 not be the beneficiary and the executrix.
23 So I don't think that this will is
24 diapositive or it appropriately identifies what the testator
25 desired to have done with it because at the time he was
97
clearly having mental problems.
2 THE COURT: Okay.
3 MR. FINCK: With respect --
4 THE COURT: Go ahead.
5 MR. FINCK: With respect to the undo
6 influence claim, just very briefly. There are two ways to
7 prove undue influence under the caselaw. The first is by
8 direct evidence, and admittedly, Your Honor, we have no idea
9 what went on between Ms. Davenport and Mr. -- the decedent,
10 Mr. Evans. So we can't win on direct evidence on that
11 issue.
12 However, the second way of proving undue
13 influence is to show three things. The first is a
14 confidential relationship. The second is a benefit under
15 the will that is believed to be the product of the undue
16 influence, and the third is weakened intellect.
17 With respect to the weakened intellect we had
18 an expert come in and testify that the decedent was
19 suffering from, quote, severe neuro loss. The siblings also
20 testified that he had dementia. He had changed. He was
21 confused. You heard the brother, Thomas Evans's, testimony
22 about how upset he was the night after he found out the
23 store had burnt from Irma. How upset he was that Danny
24 would do that, and then once Mr. -- once Thomas, the
25 brother, calmed him down he recalled what the status of that
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property was.
So I think there is plenty of evidence in the
record for the Court to reasonably find that there was
weakened intellect. The fact that the Petitioner -- or I'm
sorry, the Respondent, Ms. Davenport, stands to inherit
approximately $430,000 certainly shows that she is getting a
substantial benefit under the will that we believe is part
of the undue influence.
And the third rung of that, of course, is a
confidential relationship, and though admittedly not
diapositive of the issue, giving someone your Power of
Attorney is certainly a very heavy indication that they
share a relationship with trusted confidence.
Ms. Davenport herself testified that her
brother trusted her. Attorney Adams also testified that
William, the decedent, believed that Ms. Davenport was a
good person who would do what he wanted and was -- that he
trusted her. So given that we have shown those three
elements, now the burden shifts to the proponent at this
point in the proceeding, and for that reason I believe that
a nonsuit would not be appropriate.
THE COURT: All right. We will enter this
order:
AND NOW, this 29th day of June, 2011, upon
consideration of the Executrix's motion for a compulsory
99
nonsuit, and following argument by counsel, the motion is
2 denied.
3 (End of order.)
4 THE COURT: Mr. Mateya, do you want to call
5 your first witness, and we can at least get started with
6 your case?
7 MR. MATEYA: Yes, I believe, I do, Your
8 Honor. I would like to call Bernard Davenport.
9 THE COURT: All right.
10 MR. MATEYA: And I believe he is in the hall.
11 Pardon me.
12 Whereupon,
13 BERNARD W. DAVENPORT
14 having been duly sworn, testified as follows:
15 DIRECT EXAMINATION
16 BY MR. MATEYA:
17 Q Okay. Can you hear me okay from there?
18 A Yes, sir.
19 Q Okay. Would you state your name for the
20 record, please?
21 A Bernard W. Davenport.
22 Q And would you give us your address, please?
23 A 14044 Gleve Road, G-1-e-v-e, Dewitt,
24 Virginia, 238407.
25 Q And what is your relationship to Irma
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Davenport?
A
Q
Evans?
Husband.
And what was your relationship with William
A Brother-in-law.
Q Okay. Mr. Davenport, I am going to just ask
you one question. Did you ever pick up William Evans in
Richmond to bring him to some family gathering or party or
something because he was lost?
MR. FINCK: Objection, calls for speculation,
and leading the witness.
THE COURT: Did he ever pick up the decedent
because he was lost? I'll permit that question.
THE WITNESS: No, sir.
BY MR. MATEYA:
Q Did you ever pick him up for any other
reason?
A No.
MR. MATEYA: No other questions, Your Honor.
THE COURT: Okay. Mr. Finck.
CROSS EXAMINATION
BY MR. FINCK:
Q Mr. Davenport, do you know what the value of
the estate --
MR. MATEYA: Objection, Your Honor. This is
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far outside of the direct.
MR. FINCK: It goes to motive bias. I
believe it is proper cross examination.
THE COURT: You can ask the question if it
goes to that issue.
MR. FINCK: Thank vou.
BY MR. FINCK:
Q Mr. Davenport, do you know what the value of
the decedent, William Evans's, estate is?
A No, sir.
Q Would it surprise you to learn that it is
been valued at $430,000?
A It wouldn't surprise me, but I don't know the
value.
Q It would not surprise you?
A No.
Q Okay. So you knew he had a -- you know he
has a substantial estate, correct?
A I knew he had a substantial estate, yes, sir.
Q And Ms. Davenport, Irma Davenport, is your
wife, correct?
A Yes, sir.
Q You understand she stands to inherit the
entire -- that entire estate should this will be upheld?
A Yes, sir.
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MR. FINCK: Okay. Nothing further.
THE COURT: Mr. Mateya.
MR. MATEYA: Nothing further, Your Honor.
THE COURT: May this witness be excused?
MR. MATEYA: Yes.
MR. FINCK: Yes, Your Honor.
THE COURT: All right. You may stay or leave
as you choose. Thank you. And we will recess at this point
or adjourn, I should say. Mr. Mateya, how long do you think
your case will last?
MR. MATEYA: Your Honor, we can surely get it
done in a half-day. Surely.
THE COURT: Mr. Frock, then do you think you
will have rebuttal testimony or do you not know?
MR. FINCK: I don't know, Your Honor.
THE COURT: Does either counsel think the
case will last more than another full day?
MR. MATEYA: Oh, no, I really don't imagine.
We have talked somewhat off the record, and I don't believe
it will go more than a half day.
MR. FINCK: I agree with that, Your Honor.
THE COURT: Okay. And does either counsel
want the notes of testimony from today's proceeding
transcribed and filed?
MR. MATEYA: Yes, Your Honor.
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MR. FINCK: Yes, Your Honor.
MR. MATEYA: Your Honor, if I may on the
motion that I presented, the compulsory nonsuit, I had
briefed the issues, could I bring those to you or would you
rather not have those now?
THE COURT: Well, I have already ruled on the
motion. I would be glad to take your memorandum.
MR. MATEYA: I have a copy. Thank you, Your
Honor.
THE COURT: I was not aware that there was
one. We will enter this order:
AND NOW, this 29th day of June, 2011, upon
consideration of the Petition for Citation Sur Appear from
Decree of Probate, and following a third period of hearing,
which has not yet been concluded, the record shall remain
open, and a further full day of hearing is scheduled for
Thursday, September 29, 2011, commencing at 9:30 a.m. This
proceeding will in all likelihood take place in a courtroom
other than Courtroom Number 1, which is scheduled for
another proceeding with another judge presiding.
It is noted that at the time of adjournment
on today's date the Petitioner had completed the
presentation of his case-in-chief, and the
Executrix/Respondent had presented the testimony of her
first witness, Bernard Davenport. It is further noted that
104
at the time of adjournment on today's date Petitioner's
2 Exhibit 9 had been identified and admitted. No other
3 exhibits had been identified or admitted on today's date.
4 A number of exhibits had been identified and admitted
5 previously.
6 Both counsel have requested that the
7 stenographer transcribe and file the notes of testimony from
8 today's proceeding.
9 (End of order.)
10 THE COURT: Court is adjourned.
11 (The proceedings adjourned at 12:02 p.m.)
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ERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause, and that this is a correct transcript of
same.
Michele A. Eline
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
~; 2Z ~a~'
Date
J.
N3
ter. , ~ .
District
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2,000 [z] - 58:22,
83:11
$430,000 [s] - 21:3,
99:6, 102:12
'06 [i] - 69:20
'87 [~] - 15:8
1
1 [sl - 68:21, 68:22,
69:1, 81:2, 104:19
1/2[ii-5:8
10 [zl - 95:5, 95:6
100 [i1-2:10
101 [il - 2:10
10:53[~I-66:15
11:14[~I-66:16
12[il- 10:13
12:02 [i] - 105:11
13 [si - 2:3, 10:13,
61:1
14044 [~] - 100:23
14th [a] - 49:10,
50:20, 51:4, 81:17
16 [t ] - 33:20
16th [i] - 80:23
17[i]-67:13
17013 [~ ] - 1:26
17110-0950 [i] - 1:23
17th[i]-5:21
18th [~] - 38:9
19 [~] - 2:5
2
2000 [a] - 7:20,
14:16, 31:6
2001 [s] - 67:20,
67:25, 84:7
2002 [iol - 17:20,
23:11, 25:19, 26:11,
58:3, 58:9, 58:21,
74:9, 83:11, 84:8
2003 [s] - 23:16,
58:17, 58:19
2004 [a] - 6:15,
23:18, 58:17
2005 [zi] - 4:25, 5:2,
5:12, 7:20, 8:20,
14:14, 14:15, 14:17,
15:9, 15:21, 23:20,
28:18, 31:6, 31:10,
47:18, 64:18, 64:24,
74:8, 74:18, 74:25,
75:5
2006 [s7] - 5:12, 6:1,
6:18, 7:21, 8:20, 14:8,
15:9, 16:5, 23:22,
28:18, 31:10, 38:6,
38:7, 38:19, 48:2,
48:6, 48:8, 48:22,
49:10, 50:17, 50:20,
51:2, 52:24, 57:16,
64:25, 68:5, 68:17,
70:1, 72:2, 74:8,
74:18, 75:1, 75:5,
77:3, 81:17, 83:7,
87:7
2007 [sl - 5:18, 5:20,
5:21, 55:9, 56:6, 57:7
2009 [~] - 60:23
2011 [al - 1:12,
99:24, 104:12, 104:17
21-08-979 [i ] - 1:2
22 [2] - 63:4, 63:6
238407 [~] - 100:24
23rd [2] - 51:8, 87:9
24th [~ i ] - 48:8,
48:22, 50:17, 51:2,
52:24, 56:14, 57:16,
80:20, 81:3, 83:7,
89:6
26 [i] - 60:23
29 [z] - 1:12, 104:17
29th [z] - 99:24,
104:12
3
3401 [tl - 1:22
4
4 [zl - 2:3, 58:19
40[x]-78:6
45 [z] - 78:6, 80:11
5
5 [i] - 5:8
50 [~ ] - 56:13
55 [~] - 1:25
5950 [~] - 1:22
6
67[~I-2:9
7
71 [i] - 2:9
720[x]-4:14
74[~i-2:6
75 [zl - 10:12, 12:16
79 [~ ] - 12:19
8 [z] - 37:24, 89:13
87 [i1-2:5
89 [ii-2:6
8:00 [z] - 46:6
9
9 [a] - 3:4, 9:20, 9:21,
94:19, 94:23, 94:25,
105:2
91 [z] - 2:5, 55:14
92[x]-2:6
94[i]-3:4
9:30 [i [ - 104:17
9:35[i]-4:1
A
a.m [al - 4:1, 66:15,
66:16, 104:17
abilities [il - 31:7
able [s] - 13:18, 50:7,
52:4, 52:20, 53:6,
54:14, 81:25, 89:9,
92:4
absolutely [s] -
17:10, 18:14, 31:14
AC [s] - 37:22, 37:25,
41:12, 46:4, 85:14,
86:15
accompany [i] -
24:1
accordingly [il -
97:3
accurately [il -
106:5
acre [i ] - 64:10
act [i] - 8:10
Adams [~] - 31:18,
67:21, 68:4, 69:20,
71:20, 72:15, 99:15
additional [il - 92:13
additionally [i] -
95:22
address [s] - 4:12,
4:13, 20:5, 67:10,
67:11, 100:22
adjoining [~] - 10:24
adjourn [i] - 103:9
adjourned [z] -
105:10, 105:11
adjournment [z] -
104:21, 105:1
admission [~] -
94:19
ADMITTED [~] - 3:2
admitted [sl - 94:24,
94:25, 105:2, 105:3,
105:4
admittedly [z] - 98:8,
99:10
affirmatively [ii -
66:8
AFTER [i] - 66:17
afterwards [z] - 80:8,
84:24
ago [7] - 6:12, 7:13,
13:2, 24:17, 26:10,
26:11, 64:9
agree [sl - 21:9,
34:20, 47:12, 62:1,
103:21
agreed [~] - 52:24
ahead [al - 43:19,
52:9, 85:6, 98:4
allowed [i] - 92:22
alone [si - 18:4,
28:19, 28:23
amount [il - 79:8
AND [z] - 99:24,
104:12
anger [2] - 22:4, 22:9
angry [sl - 65:17,
65:20, 65:22
answer [ial - 18:16,
22:8, 23:2, 26:8,
31:16, 33:22, 40:3,
43:8, 62:18, 63:4,
65:3, 91:18, 92:24,
93:2
answered [s] - 60:2,
60:16, 83:10
answering [ii -
80:18
anyway [zl - 66:1,
88:12
apart [il - 13:1
Appeal [il - 60:22
Appear[] - 104:13
APPEARANCES [i] -
1:19
appraisal [2] - 11:23,
33:9
appraised [sl - 10:7,
11:23, 12:6, 17:18,
33:8
appropriate [sl -
18:15, 34:13, 99:21
appropriately [~] -
97:24
approval [zi - 53:11,
53:16
approved [~] -
106:19
April [z~i - 48:2,
48:6, 48:8, 48:22,
49:10, 50:17, 50:20,
51:2, 51:4, 52:24,
57:16, 64:25, 69:20,
72:1, 80:20, 80:23,
81:17, 83:7, 87:7,
87:8, 89:6
argued [il - 96:1
argument [2) - 8:17,
100:1
argumentative [z] -
60:1, 60:3
arm [ii - 55:15
arose [il - 33:14
arrive [2] - 11:25,
77:9
arrived [al - 78:8,
78:10, 78:22, 78:23
AS [i] - 20:2
ascertain [~] - 65:13
aside [i] - 64:6
assets [i] - 28:1
assist [i] - 90:22
assistance [z] -
90:23, 92:18
assume [i] - 70:20
assuming [~] - 97:14
attend [i] - 77:7
attention [zj - 45:22,
74:20
attorney [s] - 51:4,
52:21, 66:21, 67:19,
82:6, 92:22
Attorney [zal - 52:21,
53:4, 53:5, 66:22,
67:21, 69:20, 80:17,
81:24, 82:7, 82:12,
83:5, 88:20, 88:23,
89:13, 89:22, 89:25,
90:23, 91:18, 91:23,
92:2, 92:17, 93:15,
99:12, 99:15
August [2] - 47:18,
64:24
available [z] - 66:22,
70:10
Avenue [ii - 1:25
avers [i] - 61:4
aware [7] - 15:12,
29:25, 32:1, 32:5,
37:4, 42:3, 104:10
B
bad [z] - 46:21, 94:8
Baish [i] - 26:19
bank [~] - 52:22
bankruptcy [~] -
58:9
banks [i] - 52:17
based [z] - 95:18,
96:5
basis [il - 74:25
1
ayley [a] - 2:9,
66:22, 67:5, 67:9,
67:18, 69:4, 71:16
BAYLEY [~] - 67:1
became [2] - 49:16,
92:3
become [~] - 61:10
behavior[a] - 6:19,
7:2, 8:8, 14:10
believes [i] - 61:4
beneficiaries [~] -
89:25
beneficiary [ia] -
50:9, 52:21, 54:4,
54:6, 54:12, 66:4,
88:25, 91:2, 91:24,
97:13, 97:16, 97:17,
97:20, 97:22
benefit [s] - 96:1,
98:14, 99:7
BERNARD [~] -
100:13
Bernard [a] - 2:10,
77:19, 77:25, 78:16,
78:23, 100:8, 100:21,
104:25
Bernie's [~] - 84:2
best [s] - 84:16,
84:17, 86:16
betrayed [s] - 49:11,
51:15, 65:23
between [~s] - 25:20,
25:22, 42:10, 54:21,
64:5, 64:17, 64:21,
64:24, 64:25, 84:2,
86:4, 86:5, 96:3, 96:8,
98:9
bias [~] - 102:2
big [2] - 9:17, 62:17
Bill [zs] - 13:22,
15:12, 15:16, 16:5,
16:7, 16:10, 16:19,
17:3, 18:18, 18:25,
19:4, 74:24, 78:8,
78:23, 79:9, 79:20,
80:2, 80:4, 80:7,
85:18, 90:18, 92:16,
93:13
bill [~] - 48:11
Bill's [i] - 18:10
birthday [s] - 35:25,
38:8, 38:9
bit [s] - 24:24, 55:2,
57:21, 78:12, 83:9
blind [t] - 55:14
block [~] - 81:12
blue [~] - 88:10
body [i] - 76:1
book [i ] - 47:9
borrow [i] - 58:22
borrowed [z] - 83:9,
83:10
bought [z] - 84:13,
84:24
bounty [~] - 96:21
Box [i] - 1:22
break [2] - 56:7, 56:8
brief [i] - 57:12
briefed [~] - 104:4
briefly [7] - 22:3,
23:5, 27:22, 53:20,
71:15, 87:3, 98:6
bring [a] - 83:19,
89:4, 101:8, 104:4
broke [i ] - 94:9
brother [s7] - 4:17,
4:22, 5:12, 5:23, 6:6,
8:14, 9:11, 10:20,
10:25, 11:3, 11:10,
11:12, 12:2, 12:5,
13:4, 13:15, 13:23,
15:16, 18:5, 20:16,
21:15, 23:6, 24:12,
25:1, 28:4, 30:4, 30:9,
36:17, 36:22, 36:23,
38:9, 39:23, 40:6,
42:18, 43:3, 43:5,
47:9, 49:21, 55:9,
56:5, 58:22, 64:9,
64:12, 64:21, 74:7,
75:24, 77:21, 77:22,
78:8, 80:20, 81:24,
82:5, 82:21, 83:10,
84:12, 84:17, 85:9,
85:18, 86:4, 86:17,
87:11, 90:3, 98:21,
98:25, 99:15, 101:5
brothers p] - 4:21,
6:18, 8:8, 21:15,
22:19, 31:7, 82:18
brother-in-law [~] -
101:5
brothers [~] - 21:25
brought [~] - 45:21
build [z] - 41:1,
84:25
building [i] - 10:13
bunch [~] - 57:24
burden [~] - 99:19
burn [s] - 41:10,
41:17, 43:1, 85:23
burned [za] - 39:10,
39:14, 39:24, 40:6,
40:12, 40:14, 41:16,
41:18, 41:21, 42:18,
43:11, 43:24, 44:17,
44:20, 45:10, 45:16,
45:21, 45:25, 46:9,
86:17
burning [s] - 42:12,
42:23, 43:10
burns [i] - 86:12
burnt [2] - 46:8,
98:23
bus [z] - 48:18,
51:10
business [s] - 7:25,
27:4, 42:9, 43:8,
43:23, 67:11
but.. [~] - 28:14
buy [~~] - 10:6, 17:9,
17:12, 17:17, 18:6,
18:12, 18:19, 19:1,
33:5, 64:11, 84:12
BY [ss] - 4:10, 9:9,
9:23, 13:13, 16:2,
18:17, 18:23, 20:3,
26:5, 34:15, 45:3,
45:19, 52:8, 53:9,
57:5, 60:6, 60:20,
63:1, 64:3, 67:4,
68:19, 69:3, 71:14,
74:5, 79:24, 81:22,
82:20, 87:5, 89:11,
91:9, 92:15, 93:12,
100:16, 101:15,
101:22, 102:7
C
calmed [i] - 98:25
capacity [s] - 95:11,
95:14, 95:16, 95:19,
96:18, 96:19
car [s] - 52:17,
78:18, 78:20
care [i z] - 31:1, 31:3,
49:17, 51:13, 51:19,
53:6, 55:22, 82:9,
82:22, 92:3, 93:17,
93:20
caring [~] - 75:5
Carlisle [~o] - 1:12,
1:26, 5:4, 5:7, 23:7,
26:15, 28:18, 30:13,
55:9, 67:13
case [i i ] - 53:5,
57:4, 70:16, 74:1,
86:25, 94:8, 95:12,
100:6, 103:10,
103:17, 104:23
case-in-chief [s] -
74:1, 86:25, 104:23
caselaw [z] - 96:18,
98:7
certainly [a] - 13:11,
86:23, 99:6, 99:12
CERTIFICATION [i]
- 106:1
certify [i] - 106:4
chance [i] - 78:12
change [s] - 7:1,
33:23, 84:4
changed [~] - 10:16,
14:11, 52:12, 52:14,
55:3, 62:20, 98:20
changes [~] - 57:8
changing [io] - 37:2,
39:15, 44:11, 44:17,
45:6, 56:25, 61:21,
62:19, 63:17, 63:20
chapel [~] - 13:25
chase [~] - 80:1
check [s] - 37:21,
37:25, 85:14
checked [i] - 41:12
chief [s] - 74:1,
86:25, 104:23
child [i] - 12:17
children [s] - 29:16,
29:18, 29:19
choice [~] - 58:20
cholesterol [~] -
27:23
choose [s] - 19:18,
73:13, 103:8
choosing [i] - 92:7
Church [i] - 1:25
Cindy [i] - 22:24
circumstances [~] -
48:15
Citation [2] - 60:22,
104:13
claim [s] - 9:13,
45:11, 95:11, 95:23,
95:24, 98:6
claimed [~] - 59:6
clash [~] - 64:15
clashed [~] - 61:5
clear[] - 10:19,
18:25, 62:10, 88:3,
89:9, 95:13, 95:25
clearer[i] - 79:11
clearly [z] - 97:2,
98:1
client [s] - 70:10,
79:16, 79:19
close [s] - 17:3, 17:6,
17:7, 25:25, 35:1,
36:9, 56:11, 56:24
closer[] - 16:17
clue [2] - 9:13, 15:23
Code [~ ] - 27:13
coffee [s] - 48:18,
51:11, 51:23
coin [i] - 62:9
coincidence [i] -
35:15
colleague [~] - 67:24
combined [z] - 85:1,
89:2
coming [z] - 6:14,
42:21
commencing [i] -
104:17
comments [i] -
46:15
COMMON [i] - 1:1
competency [i] -
73:3
complain [s] - 61:23,
63:3, 63:21
complained [s] -
59:7, 59:11, 63:9
complaining [~] -
62:16
complaint [~] - 60:18
complaints [~] -
63:22
complete [~] - 80:24
completed [z] -
53:15, 104:22
compulsory [a] -
96:11, 96:14, 99:25,
104:3
concern [i] - 49:15
concerned [s] - 7:9,
16:13, 42:16, 42:17,
42:20, 94:7
concerning [z] -
82:3, 93:17
concerns [z] - 8:7,
42:11
concluded [i] -
104:15
conclusion [i] -
82:17
condition [z] - 16:14,
16:20
confidence [~] -
99:13
confidential [a] -
96:2, 96:7, 98:14,
99:10
conflict [s] - 34:8,
34:19, 34:21
confuse [~] - 90:12
confused [a] - 91:14,
91:19, 97:2, 98:21
Connie [i7] - 2:3,
4:4, 4:13, 21:15, 32:6,
32:10, 32:22, 33:14,
33:15, 33:22, 34:8,
34:17, 36:13, 47:4,
64:6, 83:21, 84:25
CONNIE [t] - 4:7
consider[s] - 50:25,
51:12, 53:25
consideration [z] -
99:25, 104:13
2
onsisted li] - 97:4
consists Izl - 96:21,
96:25
constantly [il - 86:8
consuming [~] - 75:9
contact 121 - 16:19,
16:22
contained [~] - 106:5
continue [~] - 93:22
contract [~ ] - 84:22
conversation Izo] -
17:24, 18:3, 32:24,
33:3, 33:4, 33:17,
43:12, 46:10, 46:22,
46:23, 48:10, 48:19,
49:10, 50:15, 53:22,
57:16, 63:9, 82:15,
82:16, 85:19
conversations lal -
7:20, 12:8, 22:6,
29:12
convincing [zl -
95:13, 95:25
copy [~~] - 9:18,
9:19, 69:5, 81:2, 88:6,
88:9, 88:10, 88:16,
104:8
coronerl~l - 76:4
correct lazl - 5:4,
5:5, 5:19, 12:23,
13:17, 13:20, 20:18,
20:19, 21:3, 21:4,
24:20, 25:5, 25:8,
25:9, 25:15, 26:13,
26:19, 38:21, 39:24,
47:15, 49:22, 53:12,
53:16, 54:24, 56:12,
57:22, 58:22, 59:21,
65:1, 65:6, 71:18,
72:15, 72:17, 80:24,
83:4, 87:6, 90:5, 90:7,
91:4, 102:18, 102:21,
106:6
counsel p] - 66:20,
89:4, 92:24, 100:1,
103:16, 103:22, 105:6
count Isl - 95:11,
95:20, 96:9
COUNTY [i] - 1:1
County [~] - 1:11
couple [~o] - 5:13,
22:19, 23:13, 23:14,
25:3, 29:11, 38:18,
56:10, 57:12
course 121 - 74:14,
99:9
court Izl - 66:15,
105:10
Court Isl - 10:4,
35:5, 48:14, 99:3,
106:11
COURT l~o~l - 1:1,
1:2, 1:2, 4:2, 4:5, 9:2,
9:7, 13:8, 13:11,
15:25, 18:15, 18:21,
19:9, 19:11, 19:14,
19:17, 19:20, 19:23,
25:17, 26:3, 34:12,
45:1, 50:15, 50:18,
50:21, 51:1, 51:3,
51:20, 52:1, 52:5,
52:7, 52:13, 52:15,
52:25, 53:4, 56:22,
57:2, 60:3, 60:18,
62:11, 62:21, 62:25,
63:23, 64:1, 66:12,
66:18, 66:24, 68:7,
68:9, 68:12, 68:22,
69:2, 71:11, 72:12,
72:14, 72:20, 73:5,
73:8, 73:12, 73:19,
73:22, 74:3, 79:12,
79:22, 81:19, 82:16,
86:23, 87:2, 87:25,
88:2, 88:8, 88:11,
88:15, 88:18, 88:22,
89:3, 89:7, 91:7,
92:12, 92:20, 93:4,
93:8, 94:14, 94:16,
94:21, 94:23, 95:4,
95:7, 96:11, 96:14,
98:2, 98:4, 99:22,
100:4, 100:9, 101:12,
101:20, 102:4, 103:2,
103:4, 103:7, 103:13,
103:16, 103:22,
104:6, 104:10, 105:10
courthouse [~] -
10:18
Courthouse [~] -
1:11
courtroom Isl - 30:3,
30:8, 31:17, 31:20,
104:18
Courtroom Iz] -
1:12, 104:19
created [zl - 8:23,
9:11
CROSS Isl - 2:2,
13:12, 20:2, 71:13,
101:21
cross [sl - 2:5,
19:22, 63:23, 91:11,
92:20, 92:22, 92:23,
102:3
cross-examine [~] -
92:23
CUMBERLAND ICI -
1:1
Cumberland [~] -
1:11
curious [il - 88:19
cut li I - 79:25
D
dad lio] - 30:19,
30:21, 38:2, 38:23,
46:16, 46:18, 76:1,
76:2, 76:3, 85:16
danny hl - 96:5
Danny [ss] - 10:2,
10:11, 10:16, 10:24,
18:7, 18:9, 20:12,
24:5, 29:3, 29:10,
29:12, 29:23, 30:4,
30:8, 30:16, 30:18,
30:20, 32:6, 32:11,
32:20, 33:15, 34:17,
36:13, 36:19, 37:8,
37:10, 37:16, 37:17,
37:20, 37:21, 37:22,
37:24, 38:2, 38:13,
38:19, 40:4, 41:7,
41:9, 42:10, 42:12,
42:22, 42:24, 46:3,
46:11, 46:21, 47:19,
49:15, 54:25, 55:3,
55:5, 59:3, 59:18,
60:7, 61:17, 61:24,
62:3, 63:3, 64:5,
64:16, 64:18, 64:21,
65:5, 65:17, 65:20,
65:21, 75:25, 76:2,
76:8, 76:12, 76:18,
79:3, 79:8, 84:14,
85:9, 85:10, 85:16,
85:19, 85:23, 87:20,
98:23
Danny's (211 - 10:9,
10:15, 10:17, 10:23,
11:6, 11:7, 11:13,
11:17, 11:20, 12:7,
32:2, 32:5, 32:8,
34:18, 36:18, 38:21,
41:3, 47:4, 64:7,
85:13, 86:15
date 171- 47:20,
50:18, 81:14, 87:8,
104:22, 105:1, 105:3
Date li ] - 106:24
dated 121 - 60:23,
89:5
dates [al - 55:11,
80:17, 84:23
daughter [s] - 77:10,
78:16, 79:1
daughter's lil - 61:9
Davenport [asl - 2:4,
2:10, 4:19, 15:16,
16:22, 19:22, 20:4,
20:6, 20:8, 20:25,
26:6, 73:17, 73:18,
73:21, 73:24, 74:6,
79:14, 79:15, 79:20,
80:16, 84:9, 87:1,
87:6, 89:14, 89:15,
89:21, 91:10, 97:6,
97:11, 97:15, 97:21,
98:9, 99:5, 99:14,
99:16, 100:8, 100:21,
101:1, 101:6, 101:23,
102:8, 102:20, 104:25
DAVENPORT [zl -
19:25, 100:13
Davenport's [il -
66:20
days [sl - 41:22,
41:23, 56:10, 57:12,
75:19, 85:24, 86:3,
86:5
deal [zl - 49:21,
75:22
dealerships lil -
52:18
death [~sl - 28:7,
30:5, 32:1, 32:5, 32:8,
32:9, 32:10, 32:15,
32:16, 32:17, 66:5,
66:6
decedent[~sl - 4:16,
5:4, 20:9, 20:14, 61:5,
61:7, 61:8, 61:10,
64:12, 97:20, 98:9,
98:18, 99:16, 101:12,
102:9
decedent's [zl -
32:1, 32:9
December [il -
56:14
decided Isl - 12:2,
12:5, 25:21, 84:1,
84:12
decision 12] - 54:22,
58:20
decisions lil - 93:17
decline Isl - 31:7,
31:8, 74:8
Decree [zl - 60:22,
104:14
deed [izl - 3:4, 10:2,
10:16, 36:19, 40:5,
55:4, 55:5, 65:21,
69:19, 73:25, 87:20,
94:20
deeded Izl - 49:13,
64:16
deeding [~] - 41:7
definition 121 - 93:19,
96:8
dementia li] - 98:20
denied [~] - 100:2
deny [~] - 33:24
dependent [i] - 82:4
deposed li ] - 25:4
deposition Iso] -
25:7, 25:13, 26:7,
26:19, 28:20, 31:14,
33:13, 33:18, 33:20,
36:5, 36:8, 37:1, 37:8,
39:12, 44:10, 44:15,
45:4, 47:8, 47:20,
53:10, 59:6, 61:19,
62:6, 62:12, 62:22,
63:2, 63:12, 66:8,
91:17, 95:12
describe pl - 6:18,
7:19, 21:14, 29:2,
29:4, 34:25, 48:14
design [~] - 56:24
desired 121 - 97:7,
97:25
desires Izl - 96:21,
97:5
detailed [~] - 94:2
Dewitt [~] - 25:19,
48:21, 78:2, 78:9,
80:7, 80:11, 100:23
died 12] - 46:25,
47:14
different [i ~] - 4:23,
4:24, 6:25, 7:8, 39:16,
62:9, 62:12, 62:22,
63:22, 84:14, 86:7
direct liol - 66:20,
73:17, 74:2, 79:14,
89:9, 91:11, 92:23,
98:8, 98:10, 102:1
DIRECT [a] - 2:2,
4:9, 67:3, 100:15
directed [~] - 95:9,
95:10, 95:20, 95:23,
96:9, 96:13, 106:20
directly [zl - 70:7,
80:4
disabled Izl - 49:16,
92:3
disagree [s] - 25:10,
30:5, 30:10, 31:4,
34:4, 34:9, 34:19,
37:9, 61:25
disagreement la] -
8:15, 61:9, 64:23,
64:25
disagreements la] -
61:5, 64:5, 64:8,
64:21
disappointed Iz] -
46:19, 65:23
discovered [s] -
3
4:11, 44:16, 44:20,
44:21, 44:24, 45:5,
45:9, 45:21, 46:8
discuss 101- 8:7,
22:6, 24:12, 24:22,
29:18, 37:12, 41:23,
50:4, 51:9, 54:17
discussed 1x1-
27:22, 28:4, 33:9,
47:7, 47:24, 55:2,
57:19, 66:21, 87:16
discussing lil -
50:22
discussion 1z1-
40:2, 94:2
discussions 121-
72:4, 72:7
diapositive 1z1 -
97:24, 99:11
dispute [tl - 33:14
distance 121- 6:22,
6:23
District [i1- 106:25
DIVISION [il - 1:2
divorce 1s1- 21:5,
24:22, 26:21, 27:2,
27:7, 32:21, 36:18,
40:25
doctorl~l - 86:8
doctors 121- 25:25,
84:4
document 1231 -
9:18, 9:24, 21:2,
60:21, 69:16, 80:17,
80:23, 81:16, 82:7,
82:12, 83:1, 83:5,
89:15, 89:18, 89:19,
89:22, 89:25, 90:2,
90:6, 90:23, 92:17
documents 131 -
82:3, 90:16, 90:19
dog 111- 78:11
dollar 1s1- 10:8,
17:12, 33:5, 33:6
done [~s1- 11:21,
32:12, 32:13, 49:12,
51:16, 51:21, 52:2,
52:3, 55:23, 71:2,
71:6, 91:1, 91:15,
91:20, 96:22, 97:5,
97:25, 103:12
doorlil - 10:22
down 1aa1 - 10:8,
11:20, 17:12, 19:11,
33:5, 36:20, 37:23,
39:10, 39:14, 39:24,
40:6, 40:12, 40:14,
40:15, 40:17, 40:25,
41:12, 41:16, 41:18,
42:4, 42:15, 42:21,
43:2, 43:13, 43:25,
44:9, 44:12, 44:13,
44:16, 44:18, 44:19,
44:23, 45:5, 45:9,
45:16, 45:21, 51:7,
51:11, 66:13, 73:8,
84:18, 85:24, 86:12,
86:18, 87:11, 94:16,
98:25
dozen [~~ - 70:2
draft 131 - 68:1, 68:7,
68:9
drafted 1z1 - 68:10,
68:17
drafts [~~ - 68:13
drive 1~1- 80:13
driving [il - 24:17
drove 1~1 - 52:23
duly 1a1 - 4:8, 20:1,
67:2, 100:14
during 1as1- 4:21,
6:19, 7:20, 24:5, 24:9,
25:7, 25:13, 26:6,
26:8, 26:9, 26:19,
28:20, 31:14, 33:13,
36:4, 36:8, 37:1,
39:12, 44:10, 44:15,
45:4, 46:21, 47:8,
49:5, 49:10, 49:18,
53:10, 53:21, 54:24,
55:8, 55:11, 55:20,
55:21, 56:11, 57:6,
58:21, 59:6, 61:19,
62:6, 63:2, 63:15,
66:8, 79:14, 86:10,
91:11, 91:16, 94:10
E
early 121 - 38:6, 77:14
Ege [i] - 72:8
either 1a1- 16:18,
92:24, 103:16, 103:22
elements 1~1 - 99:19
Eline 1~1- 106:10
Elizabeth 1s1 - 6:2,
6:5, 17:22, 21:22,
38:17
Elizabeth's 131- 6:8,
13:15, 14:7
emphysema 1s1-
30:20, 30:21, 76:2,
76:3, 76:6
employed 131 -
67:14, 67:16, 67:17
empty 1~1 - 12:22
end [a1 - 10:18, 74:1,
100:3, 105:9
ended 111- 34:17
enter 1zl - 99:22,
104:11
entire 1z1- 102:24
Esq[~1-2:9
ESQUIRE 1~1 - 67:1
Esquire [z1 - 1:21,
1:25
established 1~1-
61:10
Estate [~~ - 27:13
estate 1201- 8:23,
20:22, 21:3, 21:10,
28:4, 29:23, 50:9,
51:13, 57:23, 66:4,
88:5, 89:1, 96:21,
96:25, 97:4, 101:24,
102:9, 102:18,
102:19, 102:24
estimate 1z1 - 71:19,
71:21
Evans 1231 - 4:16,
8:15, 18:25, 20:7,
20:9, 20:12, 21:20,
30:9, 69:17, 71:2,
71:6, 71:17, 71:24,
72:5, 95:13, 95:17,
95:19, 96:5, 96:6,
96:8, 98:10, 101:4,
101:7
EVANS [~] - 1:2
Evans's 1s1 - 10:2,
69:13, 72:9, 98:21,
102:9
event 111 - 96:15
evidence 1s1- 95:1,
95:14, 95:25, 98:8,
98:10, 99:2
evidently [il - 51:5
Ex1~1-3:4
exact 1a1 - 8:4, 55:11,
62:15, 86:19
exactly 1a1- 54:8,
62:18, 76:13, 78:7
examination 1al -
73:17, 79:14, 91:12,
102:3
EXAMINATION 1121-
2:4, 4:9, 13:12, 20:2,
67:3, 71:13, 74:4,
87:4, 91:8, 92:14,
100:15, 101:21
examine 1~1 - 92:23
excited 1i 1- 46:12
excluded 1~1- 9:12
excused 131 - 19:14,
73:9, 103:4
execute 1s1- 68:1,
68:5, 68:12, 95:15,
95:19
executed 1s1- 47:18,
48:2, 48:6, 70:4,
70:21, 71:3, 80:22,
83:2
executorl~l - 91:23
executrix 1~1- 50:11,
54:2, 54:6, 88:5,
97:11, 97:16, 97:22
Executrix 131 - 1:26,
69:1, 81:2
Executrix's 1~1-
99:25
Executrix/
Respondent 111-
104:24
exhibit 1~1- 95:4
Exhibit 1s1- 9:20,
9:21, 68:21, 68:22,
94:19, 94:23, 94:25,
95:6, 105:2
EXHIBITS [~~ - 3:1
exhibits 121- 105:3,
105:4
existed 111- 96:2
expertl~l- 98:18
explain 131- 35:5,
69:12, 93:23
express 1~1- 22:4
expressed 1~1 - 22:9
extensive [~1 - 25:24
extent 121 - 22:20,
76:4
extreme 111- 66:1
F
fact 1s1- 26:18,
52:21, 58:21, 62:19,
82:6, 99:4
failed 121 - 95:18,
96:5
fairlsl- 12:4, 26:12,
45:18, 79:8
fairly 1z1 - 21:10,
75:9
fairness 1~1 - 93:10
fall 131- 23:15, 23:24,
55:10
falling 1s1 - 9:16,
9:17,13:1,13:2,13:3
familiar 111 - 78:12
family 12s1 - 6:10,
6:14, 6:24, 8:8, 8:12,
14:1, 15:20, 25:23,
29:13, 35:1, 35:22,
49:2, 49:3, 49:6, 49:8,
51:8, 56:3, 56:12,
56:16, 58:24, 77:1,
77:2, 77:3, 78:4, 79:4,
87:7, 101:8
far 1s1- 4:22, 5:6,
78:4, 80:10, 80:13,
102:1
fatherl~al - 37:10,
42:10, 46:21, 55:14,
56:9, 59:3, 59:13,
59:15, 59:16, 59:17,
60:8, 61:17, 61:18,
61:20
father-in-law [il -
55:14
favor 1i1- 57:1
felt 1~1- 49:11,
49:15, 49:16, 51:15,
72:22, 75:14, 93:16
few 1s1 - 14:18,
73:25, 75:19, 78:10,
84:9, 89:9
fibbing [il - 93:1
fight[il - 56:15
figure 1z1- 21:5, 21:7
file 1~1- 105:7
filed 131 - 58:9,
103:24, 106:20
final 131 - 32:21,
36:18, 40:25
finally 1~1- 97:5
financial 1a1 - 58:3,
58:4, 58:7, 58:13
financially 1~1-
61:11
finck 1zo1 - 4:2, 9:2,
19:20, 51:15, 52:7,
56:22, 62:25, 64:2,
71:11, 74:9, 75:1,
75:12, 77:1, 79:12,
84:10, 87:2, 91:7,
94:14, 96:16, 101:20
Finck 1s1 - 1:21, 2:5,
73:25, 85:23, 103:13
FINCK 1s31 - 4:3,
4:10, 9:3, 9:8, 9:9,
9:23, 13:7, 19:10,
19:15, 19:21, 20:3,
26:4, 26:5, 34:14,
34:15, 45:3, 45:18,
50:20, 52:8, 53:8,
53:9, 56:23, 57:5,
60:6, 60:20, 63:1,
64:3, 68:15, 71:12,
71:14, 72:11, 73:7,
73:11, 73:16, 79:5,
79:13, 81:15, 82:13,
87:3, 87:5, 87:23,
91:9, 92:11, 92:19,
93:3, 93:5, 94:15,
94:18, 95:2, 95:6,
96:17, 98:3, 98:5,
101:10, 101:22,
102:2, 102:6, 102:7,
103:1, 103:6, 103:15,
103:21, 104:1
4
inck's [il - 62:17
finck's lil - 80:19
fine Isl - 67:12,
81:18, 81:21, 93:9,
94:4, 94:13
finish ]21 - 16:1,
16:24
finished [~] - 66:21
first [zs] - 37:10,
37:12, 37:17, 39:5,
39:13, 39:18, 39:22,
45:5, 45:8, 46:7, 46:9,
47:17, 48:1, 48:5,
50:24, 53:14, 68:25,
76:9, 79:13, 84:18,
95:10, 98:7, 98:13,
100:5, 104:25
fit [~] - 78:17
five [sl - 5:9, 5:11,
14:19, 55:13, 78:19
flames [~] - 46:13
following Is(- 41:19,
79:10, 85:25, 100:1,
104:14
follows [al - 4:8,
20:1, 67:2, 100:14
food [~] - 77:17
FOR [al - 2:2, 2:7,
3:2, 3:6
foregoing [~] -
106:18
forgive [~] - 95:16
forth la] - 8:18,
18:24, 26:1
forward 121 - 36:20,
43:4
four[s] - 20:15,
60:12, 77:12
frank [~] - 92:25
freon la] - 37:22,
37:25, 46:4, 85:14
frequency [~] - 63:22
frequent (zl - 63:21,
74:24
frequently Ise - 26:2,
59:3, 63:16
friends Ise - 26:13,
26:15, 26:16
frontli(- 91:12
Front [~] - 1:22
full (a] - 4:12, 20:5,
103:17, 104:16
fully lei - 106:5
funeral It21 - 5:16,
6:5, 6:17, 13:15,
13:19, 13:21, 14:2,
14:7, 22:18, 22:19,
30:19, 35:21
furthermore (i] -
96:25
G
gathering (~] - 101:8
gears [~ ] - 83:8
generally (zl - 68:11,
70:9
Gisela [al - 8:2,
23:12, 26:22, 27:10
gistl~l - 96:15
given Is(- 37:10,
38:2, 38:23, 64:10,
99:18
glad [~~ - 104:7
Gleveli] - 100:23
GLEVE [~] - 100:23
grandchildren Is] -
22:21, 23:1, 23:4,
48:18, 51:10
granddaughter's [~]
- 65:8
granddaughters (a]
- 24:4, 77:11, 78:17,
79:2
great Iz] - 49:21,
75:22
growing [~] - 24:15
guess (al - 51:17,
53:3, 91:14, 94:5
H
Hal (z] - 72:18, 72:19
half la] - 5:9, 70:2,
103:12, 103:20
half-day (~~ - 103:12
halfway (sl - 25:20,
25:22, 84:2
hall lil - 100:10
hand I~l - 51:25
hardly (~] - 14:13
harrisburg hl - 1:23
Health [~l - 94:5
health la] - 16:20,
27:21, 94:5, 94:8
hearla] - 35:13,
36:14, 36:15, 100:17
heard p] - 11:22,
29:1, 37:1, 74:23,
76:9, 76:25, 98:21
hearing [sl - 62:16,
68:25, 104:14,
104:16, 106:19
heavy [~ ] - 99:12
held Iz] - 1:10, 17:24
help Is[ - 16:20,
26:2, 49:17, 76:22,
77:17, 89:9
helped [~] - 61:10
hereby 12] - 106:4,
106:19
herself Is(- 79:15,
97:6, 99:14
hesitant [~ [ - 73:1
Hill Isl - 4:14, 5:2,
5:3, 5:6, 25:20, 84:2
himself Is] - 44:9,
44:13, 44:16, 45:6,
45:10, 74:11, 80:14,
85:16, 93:22
hiring [~] - 16:10
holds (i] - 78:19
home (el - 18:4,
25:12, 30:19, 55:21,
55:23, 57:6, 87:12
Honor (ssl - 4:3,
8:25, 9:3, 13:7, 13:10,
18:20, 19:8, 19:10,
19:15, 19:16, 19:21,
34:14, 45:14, 50:20,
51:6, 56:18, 56:23,
59:25, 62:8, 62:14,
63:19, 66:19, 68:16,
68:25, 71:10, 73:6,
73:7, 73:10, 73:16,
73:23, 79:5, 79:7,
79:10, 79:21, 80:1,
81:15, 82:14, 82:19,
86:21, 86:25, 87:24,
88:1, 88:17, 89:8,
92:25, 94:15, 94:18,
94:22, 95:2, 95:8,
95:10, 95:17, 95:22,
96:1, 96:10, 96:17,
98:8, 100:8, 101:19,
101:25, 103:3, 103:6,
103:11, 103:15,
103:21, 103:25,
104:1, 104:2, 104:9
HONORABLE (il -
1:10
hospital 12] - 75:25,
86:11
hours lal - 5:7, 5:8,
5:9, 5:11
house [zs] - 10:11,
10:12, 15:3, 15:4,
28:13, 28:14, 35:11,
35:12, 41:1, 48:20,
48:21, 48:23, 48:25,
78:1, 78:9, 80:7,
84:25, 85:1, 85:13,
94:10
Houston (isi - 2:3,
4:4,4:11,4:13,9:10,
9:24, 13:14, 15:11,
21:16, 33:22, 34:8,
34:17, 64:6
HOUSTON li] - 4:7
hundred lal - 54:5,
54:13, 54:15, 93:5
husband liz] - 24:3,
24:18, 25:21, 37:21,
56:9, 56:13, 58:16,
58:18, 77:19, 77:25,
79:1, 101:2
husband's Is] - 56:3,
56:12, 75:6
I-r-m-a (~] - 20:6
idea lal - 8:22, 18:10,
31:21, 31:23, 47:22,
93:14, 98:8
identification (ii -
9:22
identified lal - 76:1,
105:2, 105:3, 105:4
identifies li] - 97:24
ill (i] - 92:3
imagine (i] - 103:18
implying [~] - 76:14
important (i] - 79:23
impression lil -
51:20
INlai-1:1,1:5
in-laws Isl - 25:25,
55:17, 86:7
inaudible (~] - 44:25
incident (il - 35:2
include [il - 96:24
included 121 - 8:23,
9:5
including 12i - 54:25,
61:6
incompetent 121 -
72:24, 73:1
INDEXIz]-2:1, 3:1
indicated la(- 30:4,
34:5, 47:8, 53:10,
59:2, 64:4, 71:16,
88:4
indication I~] - 99:12
influence lal - 95:16,
95:23, 95:24, 98:6,
98:7, 98:13, 98:16,
99:8
information [~] -
48:16
infrequently Iz] -
61:8, 61:17
inherit Isl - 57:21,
99:5, 102:23
intellect (sl - 96:4,
96:7, 98:16, 98:17,
99:4
intended [~] - 46:25
intentions [ii - 84:25
interact (~] - 13:23
interactions [~] -
16:4
interest (~] - 93:9
introduced (il -
26:16
invite[e] - 61:8
invited li(- 65:8
involved Isl - 18:2,
27:4, 42:9, 43:7,
43:22
involving (a] - 32:2,
65:5, 65:17, 65:20
Irma lea] - 4:18, 9:15,
10:6, 14:3, 15:12,
15:15, 16:4, 16:17,
17:8, 19:22, 20:6,
73:18, 96:8, 97:11,
97:15, 98:23, 100:25,
102:20
firma Iz(- 2:4, 73:21
IRMA I~] - 19:25
Irving Ise - 4:16,
8:14, 8:15, 10:9,
10:10, 20:9
Irwin li] - 72:18
issue (ia] - 16:25,
33:24, 34:4, 35:2,
35:8, 35:16, 36:5,
36:10, 73:3, 92:13,
97:6, 98:11, 99:11,
102:5
issues (s] - 25:24,
26:1, 61:6, 84:5,
84:14, 104:4
itself lei - 81:16
J
J-e-a-n hl - 20:6
Jacqueline (i(- 72:8
Jane Isl - 31:17,
67:21, 68:4, 69:20,
70:10
January 12] - 5:19,
5:21
Jean li] - 20:6
Jeep la] - 37:22,
41:12, 46:4, 85:14
Johnstin la] - 21:18,
34:24, 36:9, 53:19
join Is] - 10:9, 10:11,
18:7
joined (~] - 18:8
Jr li] - 106:24
Judge[i] - 89:18
judge li] - 104:20
Judge's li] - 80:19
Judicial li(- 106:25
June (sl - 1:12,
99:24. 104:12
5
keep [z[ - 25:25,
81:20
kind Isl - 6:22, 6:25,
8:15, 24:11, 26:7,
78:20
kinds [il - 29:17
knowledge [sl -
24:10, 65:1, 65:2,
84:17, 86:16
known [il - 67:24
knows [sl - 9:4,
56:24, 96:19
L
lacked [a[ - 95:14,
95:16, 95:19
laid [z[ - 47:20, 70:19
land Izsl - 10:9,
10:18, 17:9, 33:24,
34:4, 35:2, 35:8,
35:16, 36:5, 36:9,
39:6, 39:19, 39:23,
40:5, 49:13, 55:1,
64:10, 65:4, 65:17,
65:20, 83:22, 84:7,
84:25, 85:10
large Izl - 61:6, 64:5
last [ial - 5:15, 5:23,
6:5, 11:7, 11:9, 15:12,
15:16, 22:16, 39:21,
69:7, 81:5, 81:6,
103:10, 103:17
late Isl - 75:24,
77:15, 77:24
law Isl - 55:12,
55:14, 101:5
laws [s[ - 25:25,
55:17, 86:7
lawyer Iz[ - 10:16,
16:11
lead lil - 70:24
leading Izl - 92:19,
101:11
learn Is[ - 85:11,
86:13, 86:17, 102:11
learned (s[ - 47:17,
48:1, 48:6, 75:23,
85:9
leasing lil - 72:18
least la[ - 23:13,
64:24, 67:25, 100:5
leave Isl - 19:17,
73:12, 78:25, 79:3,
80:1, 103:7
leaving Isl - 28:1,
29:22, 47:18, 48:3,
48:7. 78:1
led lil - 72:23
left 1121 - 19:5, 23:12,
26:23, 26:25, 79:1,
79:4, 79:8, 79:9,
79:10, 79:15, 79:20
leg hl-94:9
legal Isl - 68:2, 68:5,
96:8
less Izl - 14:21,
14:23
life [~~ - 74:14
lifetime Izl - 4:21,
64:14
likelihood [il -
104:18
likewise [~[ - 16:3
line [al - 13:25, 63:4,
63:6, 69:11
liquidate [~[ - 92:18
listl2l- 9:6, 9:11
listed [~~ - 96:24
listened [t[ - 27:5
live lal - 4:22, 25:17,
42:21
lived [sl - 4:23,
10:12, 23:6, 25:18,
25:23, 28:21, 28:24,
51:6, 51:7
livid Isl - 31:18,
31:21, 31:24
living Isl - 5:1, 5:4,
17:25, 28:17, 28:18,
28:19
loan [~~ - 83:17
look Isl - 69:4, 69:7,
81:5, 86:3, 89:15
looked [~~ - 90:6
looking Isl - 33:20,
36:20, 43:4
loss lil - 98:19
lost [zl - 101:9,
101:13
M
maiden lil - 20:7
manage li [ - 56:5
March Is[ - 38:6,
38:7, 38:9, 38:19,
60:23
Marie lea[ - 21:18,
34:24, 36:9, 50:13,
53:18, 54:7, 54:21,
97:9, 97:10, 97:12,
97:16, 97:17, 97:18,
97:19
MARK [il - 67:1
mark [~[ - 2:9
Mark Isl - 1:25,
66:21. 67:9
marked Is[ - 9:20,
9:21, 68:21, 68:25,
81:2, 89:12
MARKED [~~ - 3:2
married [il - 56:13
mateya [~~ - 1:25
MATEYA [7zl - 8:25,
13:9, 13:13, 16:2,
18:17, 18:23, 19:7,
19:16, 45:14, 45:19,
56:18, 56:20, 59:25,
62:8, 62:14, 63:19,
63:25, 66:19, 67:4,
68:8, 68:10, 68:14,
68:16, 68:18, 68:19,
68:24, 69:3, 71:9,
72:13, 73:6, 73:10,
73:14, 73:23, 74:5,
79:7, 79:18, 79:24,
81:18, 81:20, 81:22,
82:14, 82:19, 82:20,
86:21, 86:24, 88:1,
88:17, 89:8, 89:11,
91:6, 92:13, 92:15,
92:25, 93:7, 93:9,
93:12, 94:22, 95:8,
96:13, 100:7, 100:10,
100:16, 101:15,
101:19, 101:25,
103:3, 103:5, 103:11,
103:18, 103:25,
104:2, 104:8
Mateya l~ol - 2:6,
13:8, 16:1, 72:12,
88:12, 92:12, 95:7,
100:4, 103:2, 103:9
matterl~l - 106:19
mean[iil-6:8, 6:21
6:23, 28:22, 30:18,
55:19, 60:11, 60:12,
60:15, 68:7, 94:2
meant [~[ - 76:15
medical Isl - 25:24,
26:1, 58:14, 84:3,
84:5
medication [i[ -
27:23
meeting [~[ - 69:17
members Isl - 8:8,
8:12, 58:24
memorandum [~[ -
104:7
memory [21 - 46:21,
46:23
mental 171 - 16:14,
16:19, 31:7, 74:7,
95:14, 95:19, 98:1
mention Iz[ - 65:10,
77:19
mentioned [ia[ -
12:10, 13:14, 15:18,
21:2, 28:13, 29:11,
29:20, 32:19, 40:14,
53:13, 61:20, 62:4,
84:21, 84:24
mentioning [il -
62:16
Michele lil - 106:10
might Isl - 9:11,
66:19, 72:24, 89:9,
90:22, 94:2
miles Izl - 78:6,
80:11
mind [a[ - 66:23,
66:24, 82:18
mine Izl - 10:10,
54:23
minute [il - 7:7
minutes [il - 78:10
moment Isl - 13:10,
86:22, 89:16
Monday I21- 51:9,
85:25
money Isl - 7:24,
57:21, 58:5, 58:25,
83:9
month Isl - 10:8,
17:13, 75:16
months lil - 58:19
morning lisl - 4:3,
4:11, 13:14, 20:4,
37:23, 37:24, 51:9,
53:14, 67:5, 67:6,
87:13, 87:16, 90:19
most Izl - 55:16,
75:20
mother pl - 6:7,
55:12, 55:13, 64:10,
64:15, 64:18, 65:5
mother's [71- 5:15,
13:19, 13:21, 22:18,
35:25, 38:8, 38:9
mother-i n-law li [ -
55:12
motion Isl - 96:15,
99:25, 100:1, 104:3,
104:7
motive Iz[ - 56:24,
102:2
move lal - 40:17,
55:18, 94:19, 95:9,
95:10, 95:20, 95:23,
96:9
moved [sl - 25:19,
55:17, 55:25, 75:12,
84:8
moving [al - 36:20,
40:15, 42:15, 43:13,
46:19, 81:20, 84:18
MR [135] - 4:3, 4:10,
8:25, 9:3, 9:8, 9:9,
9:23, 13:7, 13:9,
13:13, 16:2, 18:17,
18:23, 19:7, 19:10,
19:15, 19:16, 19:21,
20:3, 26:4, 26:5,
34:14, 34:15, 45:3,
45:14, 45:18, 45:19,
50:20, 52:8, 53:8,
53:9, 56:18, 56:20,
56:23, 57:5, 59:25,
60:6, 60:20, 62:8,
62:14, 63:1, 63:19,
63:25, 64:3, 66:19,
67:4, 68:8, 68:10,
68:14, 68:15, 68:16,
68:18, 68:19, 68:24,
69:3, 71:9, 71:12,
71:14, 72:11, 72:13,
73:6, 73:7, 73:10,
73:11, 73:14, 73:16,
73:23, 74:5, 79:5,
79:7, 79:13, 79:18,
79:24, 81:15, 81:18,
81:20, 81:22, 82:13,
82:14, 82:19, 82:20,
86:21, 86:24, 87:3,
87:5, 87:23, 88:1,
88:17, 89:8, 89:11,
91:6, 91:9, 92:11,
92:13, 92:15, 92:19,
92:25, 93:3, 93:5,
93:7, 93:9, 93:12,
94:15, 94:18, 94:22,
95:2, 95:6, 95:8,
96:13, 96:17, 98:3,
98:5, 100:7, 100:10,
100:16, 101:10,
101:15, 101:19,
101:22, 101:25,
102:2, 102:6, 102:7,
103:1, 103:3, 103:5,
103:6, 103:11,
103:15, 103:18,
103:21, 103:25,
104:1, 104:2, 104:8
multiple [il - 28:15
N
name [zsl - 4:12,
4:13, 10:3, 10:16,
10:17, 11:6, 11:7,
11:13, 11:17, 12:7,
20:5, 20:7, 24:17,
26:17, 26:18, 34:18,
36:18, 38:21, 41:3,
47:4, 47:5, 64:7, 67:7,
73:20, 100:19
names [il - 22:23
natural [1] - 96:20
eed [sl - 15:25,
16:20, 52:19, 90:22,
92:17
needed Is] - 49:16,
51:18, 55:23, 77:17,
78:12, 90:22, 92:3,
93:17, 94:10
needs [~] - 53:7
neighborhood [~] -
24:13
neighbors [sl -
24:13, 24:14, 26:13
nephew [il - 20:13
nephews li] - 8:13
neuro [il - 98:19
never [s~] - 8:9, 8:17,
9:17, 12:10, 15:9,
15:18, 22:8, 24:7,
28:25, 29:1, 30:15,
31:2, 42:1, 45:12,
45:16, 45:20, 47:7,
47:24, 53:13, 55:25,
57:10, 57:19, 59:7,
59:11, 61:20, 73:2,
74:20, 76:20, 84:22,
84:23
next [iol - 10:10,
10:22, 32:2, 46:5,
50:12, 51:10, 55:16,
75:21, 87:13, 87:16
nieces [~] - 8:13
night [sl - 49:7, 49:8,
51:24, 80:9, 87:12,
98:22
Nikki [~] - 22:24
Ninth [il - 106:25
NO lil - 1:2
nobody [al - 10:12,
12:24, 15:20, 48:12
none li] - 7:25
nonsuit [sl - 96:12,
96:15, 99:21, 100:1,
104:3
North [il - 1:22
Northington [~] -
4:14
notarized Isl - 52:23,
53:1, 81:14, 83:6,
90:3
notary p] - 52:17,
52:18, 52:19, 81:11,
89:6, 91:13
noted Izl - 104:21,
104:25
notes [sl - 103:23,
105:7, 106:5
nothing lia] - 13:7,
15:20, 16:6, 42:8,
65:5, 72:11, 72:13,
87:1, 87:23, 88:1,
92:11, 94:15, 103:1,
103:3
notice lal - 8:12,
31:6, 31:8, 31:11
NOW [zl - 99:24,
104:12
numberlil - 105:4
Number Iz] - 1:13,
104:19
objection lial - 8:25,
45:14, 56:18, 57:2,
59:25, 62:8, 63:19,
79:5, 82:13, 92:19,
94:21, 94:22, 101:10,
101:25
objects [~] - 96:20
occasion [~] - 8:2
occasionally l~ol -
4:24, 7:18, 8:19, 8:21,
16:8, 22:1, 70:15,
74:12, 74:15
occupy [~] - 85:2
occur [~] - 64:18
occurred l~l - 57:10
October lal - 6:1,
6:18, 13:16, 14:7
odd [~] - 59:12
OF Is] - 1:1, 1:5
office [sl - 69:19,
72:14, 72:19
Official [~] - 106:11
often [~s] - 5:13,
14:16, 15:3, 23:9,
24:25, 59:14, 59:16,
59:18, 59:19, 59:21,
60:8, 60:9, 60:12,
62:5, 69:25, 75:1
old [sl - 10:12,
12:14, 12:16, 12:18,
24:19, 41:1, 55:15,
85:1
oldest [~] - 24:16
Olerl2l- 1:11,
106:24
ONlil-20:2
once Isl - 8:5, 25:2,
25:3, 25:7, 45:1,
65:12, 75:16, 98:24
one [ssl - 7:7, 8:2,
8:15, 9:16, 13:10,
15:6, 20:17, 22:1,
24:3, 24:4, 24:12,
30:15, 35:10, 35:12,
35:15, 37:8, 37:17,
41:20, 54:5, 54:12,
54:13, 54:15, 55:15,
55:21, 56:16, 60:11,
62:17, 64:10, 86:8,
90:6, 92:7, 92:13,
95:14, 101:7, 104:11
One [ii - 1:13
open [z] - 47:9,
104:16
opinion [al - 16:16,
59:20, 59:22, 59:24
order 171- 66:23,
73:24, 84:16, 99:23,
100:3, 104:11, 105:9
original lal - 9:19,
88:10, 88:16, 89:14
originally [2] - 25:18,
68:25
ORPHANS' Iz] - 1:2,
1:2
outside [~] - 102:1
own [s] - 18:4, 44:24,
47:5, 55:23, 74:1,
89:17, 93:22
owned p] - 28:8,
28:12, 28:15, 47:14,
47:16, 61:7, 97:2
ownership [~] - 97:3
P
p.m [~] - 105:11
P.O li] - 1:22
PA Izl - 1:23, 1:26
pacemaker [~s] -
29:25, 30:10, 30:14,
30:19, 30:21, 30:24,
75:22, 75:23, 75:24,
76:2, 76:3, 76:6, 76:9,
76:15, 76:22
page (71- 33:20,
69:8, 69:10, 81:6,
81:12, 89:16
paid [sl - 11:3,
74:20, 83:20
paint ICI - 79:11
paper I2] - 51:25,
52:11
paragraph [~] - 61:1
pardon [a] - 79:25,
82:8, 84:19, 100:11
parents [al - 75:6,
84:3
part [a] - 68:2, 68:3,
68:5, 99:7
particular [z] -
38:12, 92:4
party Iz] - 35:25,
101:8
passed [sl - 5:24,
6:7, 14:4, 17:22,
22:19, 38:17, 55:12,
55:13
pay Isl - 10:9, 83:13,
83:15
payment Izl - 11:8,
11:9
PENNSYLVANIA [i]
- 1:1
Pennsylvania Isl -
1:12, 15:5, 18:1,
27:14, 51:7
people lal - 7:5,
24:15, 28:25, 46:13
per [~ ] - 23:13
percent [al - 54:5,
54:13, 54:15, 93:5
perhaps [sl - 22:18,
24:16, 29:16
period Isl - 56:11,
64:13, 104:14
permanent [i] -
94:12
permission [~] - 50:5
permit [il - 101:13
permitted lil - 93:3
person [sl - 79:9,
79:10, 91:24, 92:7,
96:3, 96:19, 99:17
personal [~1- 29:13
personality Isl -
34:8, 34:18, 34:21
personally Is] - 26:9,
61:25, 63:7
Petition [~] - 104:13
petitionerizl - 61:7,
61:8
Petitioner p] - 1:23,
61:4, 61:10, 61:17,
95:3, 99:4, 104:22
PETITIONER 12] -
2:2, 3:2
Petitioner's [sl -
9:20, 9:21, 89:13,
94:19, 95:6, 105:1
petitioner's Is] -
68:23, 94:23, 94:25
phone la] - 7:17,
16:8, 25:1, 35:11
phrased [il - 34:1
pick [sl - 101:7,
101:12, 101:16
picture [~] - 79:11
piddle [~I - 85:2
place Iz] - 50:16,
104:18
places Iz] - 4:24,
6:25
plan la] - 8:23, 28:5,
40:17, 56:24
planned lil - 41:9
plans [zl - 41:14,
41:16
pleading [zl - 60:14,
60:19
pleadings [col -
59:2, 59:10, 59:23,
60:4, 60:5, 60:7,
60:10, 60:17, 64:4,
65:7
PLEAS [~] - 1:1
pled [il - 65:3
plenty h1- 99:2
point [zol - 7:10,
27:12, 28:5, 31:15,
41:4, 47:3, 50:3,
52:23, 55:21, 57:14,
58:21, 64:15, 73:24,
76:6, 77:2, 79:16,
84:1, 86:24, 99:20,
103:8
posed lil - 81:23
possesses[il-
96:19
possible [zl - 28:24,
33:2
pot ]~] - 62:17
Power [zol - 52:21,
53:4, 53:5, 80:17,
81:24, 82:6, 82:12,
83:5, 88:20, 88:23,
89:13, 89:22, 89:25,
90:23, 91:17, 91:23,
92:2, 92:17, 93:14,
99:11
practice lal - 68:2,
68:5, 72:15, 72:18
prejudice 12J - 95:21,
96:9
prepared [~] - 77:17
presence [~] - 7:16
present Isl - 20:24,
24:5, 24:8, 24:21,
48:9, 87:19
presentation li] -
104:23
presented [sl -
53:15, 104:3, 104:24
presiding li] -
104:20
previous [i] - 7:1
previously Izl -
68:20, 105:5
price [z] - 11:25,
12:4
Probate Izl - 60:23,
104:14
probate [il - 21:2
probated lii - 21:1
problem [~1- 36:6
problems Isl - 7:23,
58:3, 58:4, 58:7,
58:13, 98:1
7
roceeding [7] -
25:5, 63:15, 99:20,
103:23, 104:18,
104:20, 105:8
PROCEEDINGS [i] -
1:5
proceedings Is] -
105:11, 106:4, 106:18
Proceedings [~] -
1:10
process [sl - 70:8,
70:19, 70:21
product ]~] - 98:15
promised lii - 65:22
proper [~] - 102:3
properties la] - 28:8,
28:15, 47:9, 57:25
property [sa] - 10:3,
10:7, 10:11, 10:20,
10:22, 10:23, 11:4,
11:23, 12:1, 12:7,
12:9, 12:12, 13:5,
17:17, 18:6, 18:7,
18:8, 18:19, 19:1,
27:7, 27:10, 32:2,
32:6, 32:11, 32:23,
33:8, 33:11, 33:14,
34:17, 36:13, 36:16,
37:11, 38:3, 38:20,
38:23, 39:2, 39:10,
39:14, 39:24, 39:25,
40:7, 40:11, 40:22,
40:24, 41:2, 41:10,
41:21, 42:4, 42:8,
42:12, 44:10, 44:17,
44:20, 45:9, 45:12,
45:17, 45:20, 45:24,
46:8, 46:25, 47:1,
47:3, 55:1, 55:4, 55:6,
61:6, 61:10, 64:6,
64:23, 65:1, 84:13,
84:22, 85:17, 85:24,
86:12, 86:17, 87:20,
92:18, 94:20, 97:1,
97:3, 99:1
proponent Iz] -
95:12, 99:19
prove [sl - 95:13,
95:18, 95:24, 96:5,
98:7
provide ]~] - 97:12
provides Iz] - 97:9,
97:10
proving [i] - 98:12
pull [~] - 60:18
purchase 12] - 10:20,
11:25
purchased [~31-
36:13, 36:17, 38:20,
38:22, 39:2, 39:3,
39:7, 39:25, 40:22,
40:24, 47:3, 64:7,
84:7
purchasing [z] -
83:22, 84:21
pursuant [~] - 48:15
put Isai - 10:2, 10:15
10:17, 11:6, 11:7,
11:16, 11:19, 11:20,
12:7, 21:2, 29:25,
30:14, 30:24, 34:18,
36:17, 38:20, 41:2,
47:4, 47:5, 50:5,
50:22, 51:5, 53:11,
53:12, 59:23, 60:7,
60:10, 60:14, 61:16,
64:7, 65:7, 74:1,
76:22, 86:25
putting li] - 11:13
Q
questioned lz] -
74:6, 84:10
questioning [i] -
79:8
questions l~s] -
19:7, 39:16, 62:15,
62:19, 64:1, 71:9,
73:5, 80:19, 81:23,
89:9, 92:23, 101:19
quite [a] - 26:1,
57:21, 66:21, 88:3
quote [~] - 98:19
R
raise [~] - 65:24
raised Isi - 73:25,
95:18, 96:6
ratherh] - 104:5
RE121-1:1,1:5
read [zl - 62:15, 63:4
ready Isl - 4:4, 14:5,
32:21, 41:8, 70:10,
81:25
real [~] - 61:6
really lisl - 18:15,
18:19, 28:22, 29:4,
31:8, 31:9, 34:12,
36:2, 49:11, 51:18,
74:20, 78:6, 103:18
reason l~] - 9:4,
9:11, 34:7, 55:3,
79:20, 99:20, 101:17
reasonably [~] - 99:3
rebuttal li] - 103:14
recalled lii - 98:25
receive [~] - 27:7
received lil - 20:18
recess Is] - 66:12,
66:15, 103:8
RECESS [i] - 66:17
recheck (2] - 46:4,
86:15
recognize Is] - 9:24,
69:5, 69:10
reconvene li] -
66:13
record ls] - 4:12,
20:5, 67:7, 73:19,
99:3, 100:20, 103:19,
104:15, 106:18
recorded li] - 10:18
RECROSS [t] - 2:2
recuperated [~] -
94:11
redirect h]- 19:10
REDIRECT ]i] - 2:2
referring [i] - 89:18
refill lil - 51:23
refused Is] - 40:4,
53:24, 55:3, 84:14
regard [~] - 73:3
regarding [~] - 97:1
related [~] - 64:25
relating [~] - 94:6
relationship 122j -
4:15, 4:18, 16:17,
17:3, 17:6, 17:7, 20:9,
20:11, 21:15, 29:3,
33:21, 34:16, 34:25,
35:1, 36:9, 96:2, 96:7,
98:14, 99:10, 99:13,
100:25, 101:3
relatives [z] - 37:2,
37:3
relevance Izl -
56:21, 79:5
relevant ]il - 79:17
relocate [~] - 83:25
relocated lil - 58:5
remain lil - 104:15
remember pl -
25:14, 47:10, 59:4,
69:6, 73:2, 84:19,
92:21
reminisce [~] - 24:19
renovate [z] - 41:1,
85:1
renovating [i] - 43:4
repeat [s] - 15:14,
32:4, 48:4, 65:18,
74:11
rephrase Is] - 30:7,
39:20, 44:14, 93:7,
93:11
report li] - 79:19
Reporter lil - 106:11
requested li] - 105:6
requires Isi - 95:12,
95:24, 96:18
respect ls] - 49:22,
96:18, 98:3, 98:5,
98:17
RESPONDENT [2] -
2:7, 3:6
Respondent Izl -
61:2, 99:5
Respondent's Izl -
60:22, 68:22
response li] - 34:13
Response I~] - 60:22
restore (2] - 42:4,
42:13
rests I~ ] - 95:3
resume [~] - 73:14
resumed Izl - 66:16,
73:18
retire lil - 25:22
retired ls] - 58:17,
58:18, 85:3
retirement [i] -
83:25
return Izl - 80:7,
85:10
reunion lei] - 6:16,
49:3, 49:4, 49:6, 51:8,
77:3, 77:20, 78:5,
78:22, 80:5, 87:13
reunions Is] - 6:11,
6:14, 35:23, 77:1
Richmond Is] -
25:18, 25:20, 25:23,
84:2, 86:7, 101:8
rights [~] - 64:14
road [~] - 35:10
Road [il - 100:23
Ronald li] - 1:21
Ronnie [~] - 26:19
room 12i - 51:24,
76:7
rotting [~] - 13:2
rough [~] - 21:7
routinely Izl - 69:22,
70:3
ru le I~ ] - 92:21
ruled li] - 104:6
rung ]il - 99:9
S
safe [~] - 70:20
sat [zl - 12:20, 12:22
saw l~si - 4:24, 5:15,
5:23, 6:6, 13:15, 14:6,
14:13, 24:7, 28:25,
29:1, 45:6, 45:9, 46:9,
61:13, 74:14, 84:22
scheduled Isl - 86:2,
104:16, 104:19
scheme lil - 56:24
school Is] - 24:15,
29:17, 51:11
seated [2i - 4:2,
66:18
second ]a] - 57:3,
79:14, 90:6, 97:8,
97:10, 97:20, 98:12,
98:14
see ]zsl - 5:12, 5:14,
6:10, 6:15, 13:18,
14:15, 14:16, 24:10,
34:6, 34:22, 35:6,
36:1, 52:1, 52:15,
59:16, 59:18, 59:19,
60:19, 62:5, 63:10,
72:20, 74:21, 79:16,
81:8, 89:17
seeing 12] - 6:9,
62:16
seem Is] - 8:12,
65:17, 65:20
seldom li] - 16:9
self Is] - 8:11, 67:16,
67:17
self-employed Iz] -
67:16, 67:17
sell Is] - 10:7, 18:13,
32:22, 64:11, 64:13
sentenceli] - 16:25
separate 12] - 90:16,
91:15
separated lii - 7:23
separation [i] - 8:1
Septemberli] -
104:17
serve Is] - 82:6,
88:5, 97:11
setting li] - 77:18
settled li] - 78:11
settlement [i] - 21:5
several la] - 8:3,
26:16, 61:5, 61:6,
62:4, 64:5, 76:25,
84:14
severe lil - 98:19
shall [il - 104:15
share Iz] - 27:14,
99:13
shared li] - 72:14
sharing li] - 69:19
sharp lal - 61:5,
64:5, 64:7, 64:20
shift lil - 83:8
shifts li] - 99:19
short Iz] - 66:12,
83:17
short-term [~] -
83:17
8
hortly li] - 83:16
show isi - 9:18,
60:18, 79:19, 81:1,
98:13
showed (si - 52:11,
80:24, 81:3, 83:1,
90:7
showing lai - 60:21,
68:20, 89:12, 89:14
shown [~] - 99:18
shows Isi - 56:23,
88:13, 99:6
sibling 12i - 24:16,
54:12
siblings (jai - 9:6,
9:12, 20:14, 22:7,
22:11, 22:12, 24:8,
34:3, 36:6, 50:2,
54:16, 74:24, 96:24,
98:19
sides li] - 62:9
sign lai - 70:7,
70:11, 70:12
signature isi - 60:24,
69:10, 69:11, 69:13,
70:5, 70:21, 70:22,
81:11, 89:17
signatures [2i - 81:6,
81:8
signed 17i - 70:4,
88:4, 88:6, 88:20,
88:23, 89:4, 91:12
signing 12i - 69:15,
69:23
signings lii - 72:21
similar lii - 56:16
sister i~zi - 4:20,
5:24, 6:2, 10:6, 13:15,
17:21, 20:10, 32:10,
38:17, 50:13, 83:21,
97:9
sister's izl - 6:17,
35:21
sisters (a] - 8:24,
20:15, 21:25
sitting izi - 48:17,
51:11
six isi - 5:10, 5:11,
41:22, 41:23, 71:21,
85:24, 86:3, 86:5
sizable [~] - 21:10
slightly ii] - 62:20
small i2i - 68:3,
70:13
so.. Isi - 28:23, 29:1,
93:25
socialize 12i - 6:24,
14:8
sold ia] - 18:8, 32:6,
33:15, 34:17
sole [~] - 66:4
someone Isi - 34:10,
49:16, 49:19, 51:18,
74:21, 99:11
someplace [~] -
89:16
sometime li ~] -
32:12, 32:13, 33:23,
37:14, 39:3, 39:7,
39:14, 40:3, 40:13,
40:22, 84:23
sometimes Isi -
70:6, 70:14
somewhat lii -
103:19
son Isi - 19:5, 29:3,
29:9, 29:23, 49:12,
51:15, 51:16, 65:23
sorry lio] - 22:2,
52:9, 68:8, 80:10,
85:6, 85:9, 88:21,
91:11, 97:18, 99: 5
sort iii - 63:23
sound iii - 21:3
sounds [~] - 21:4
South i7i - 4:14, 5:2,
5:3, 5:6, 25:20, 67:13,
84:2
speaking Isi - 16:4,
22:13, 33:15, 34:3,
34:8
speaks l~l - 81:16
specifically Isi -
70:17, 74:8, 74:25,
77:2, 83:24
speculation isi - 9:1,
82:13, 101:10
spent Iz] - 56:1, 79:7
splitting lii - 54:21
spoken 12i - 84:11,
85:18
spring Isi - 23:15,
23:24, 55:10
stage (~] - 96:12
stand Isi - 4:4,
13:24, 73:18
standard (~~ - 95:13
standing lii - 13:25
stands 12i - 99:5,
102:23
start Isi - 16:1,
23:11, 45:2
started (~] - 100:5
state is] - 4:11, 20:4,
67:7, 73:19, 100:19
statement isi - 30:6,
30:11, 47:12
states [~] - 4:23
status 12i - 97:2,
98:25
stay lioi - 19:17,
38:11, 38:14, 49:5,
55:14, 55:15, 55:22,
73:12, 94:10, 103:7
stayed Isi - 38:12,
38:18, 49:7, 51:24,
55:19, 55:20, 56:9,
87:11, 87:12
staying ii[ - 55:12
stenographer iii -
105:7
step iai - 19:11,
66:13, 73:8, 94:16
still Isl - 43:8, 47:12,
58:1, 58:12, 75:2
stipulate i2i - 68:15,
81:15
stood li] - 57:21
stopped isi - 6:14,
33:15, 34:2, 34:3,
34:7, 35:12
store Izii - 12:12,
12:14, 12:16, 12:20,
39:10, 39:14, 40:6,
40:11, 40:13, 41:1,
41:10, 42:18, 42:23,
43:2, 43:9, 43:24,
64:22, 65:1, 85:1,
87:20, 98:23
story [~] - 75:23
strange [ai - 7:15,
54:11, 54:18, 54:20
Street is] - 1:22,
4:14, 67:13
stroke iii - 94:9
stuff li] - 7:24
submit [~] - 20:25
substantial iai -
96:1, 99:7, 102:18,
102:19
substitute lii - 97:13
suffered lii - 96:4
suffering ii] - 98:19
Sunday Izi - 49:2,
87:14
supposed 12i -
34:11, 91:24
Sur 12i - 60:22,
104:13
surely izi - 103:11,
103:12
surgeries iii - 58:15
surprise Isi - 102:11,
102:13, 102:15
surprised lii - 76:18
suspected l~] -
72:25
sustained iii - 57:3
sworn lai - 4:8, 20:1,
67:2, 100:14
T
table Izi - 47:21,
48:17
tangled [~] - 97:19
telephone (si - 7:19,
17:25, 26:8
temporary [~] -
94:12
tend [~] - 74:11
term Iz] - 38:25,
83:17
terms [2i - 5:7, 22:14
testament Iz] -
15:13, 15:17
testamentary isi -
95:11, 96:18, 96:19
testator li ~] - 70:4,
72:23, 72:25, 73:4,
95:14, 95:15, 95:24,
96:3, 97:24
testators li] - 69:23
testified i~7i - 4:8,
20:1, 30:4, 30:9,
31:18, 62:2, 67:2,
79:16, 79:19, 80:18,
91:10, 97:7, 98:20,
99:14, 99:15, 100:14
testify lal - 9:4,
63:14, 74:24, 98:18
testimony l~si -
12:11, 30:23, 37:2,
39:15, 44:11, 45:6,
58:6, 61:21, 62:19,
63:17, 75:2, 76:21,
95:18, 96:6, 98:21,
103:14, 103:23,
104:24, 105:7
THE [~ssi - 1:1, 4:2,
4:5, 9:2, 9:7, 13:8,
13:11, 15:25, 18:15,
18:21, 19:9, 19:11,
19:13, 19:14, 19:17,
19:19, 19:20, 19:23,
25:17, 25:18, 26:3,
34:12, 45:1, 50:15,
50:17, 50:18, 50:21,
50:24, 51:1, 51:2,
51:3, 51:6, 51:20,
51:22, 52:1, 52:3,
52:5, 52:6, 52:7,
52:13, 52:14, 52:15,
52:16, 52:25, 53:2,
53:4, 53:5, 56:19,
56:22, 57:2, 60:3,
60:18, 62:11, 62:21,
62:24, 62:25, 63:23,
64:1, 66:12, 66:14,
66:18, 66:24, 68:7,
68:9, 68:12, 68:17,
68:22, 69:2, 71:11,
72:12, 72:14, 72:17,
72:20, 72:25, 73:5,
73:8, 73:12, 73:19,
73:21, 73:22, 74:3,
79:6, 79:12, 79:22,
81:17, 81:19, 82:16,
86:23, 87:2, 87:25,
88:2, 88:7, 88:8, 88:9,
88:11, 88:14, 88:15,
88:16, 88:18, 88:21,
88:22, 88:25, 89:3,
89:5, 89:7, 91:7,
92:12, 92:20, 93:4,
93:8, 94:14, 94:16,
94:21, 94:23, 95:4,
95:7, 96:11, 96:14,
98:2, 98:4, 99:22,
100:4, 100:9, 101:12,
101:14, 101:20,
102:4, 103:2, 103:4,
103:7, 103:13,
103:16, 103:22,
104:6, 104:10, 105:10
therefore Iz[ - 61:4,
95:20
thinking ii] - 74:18
third Isi - 98:16,
99:9, 104:14
thirteen [~] - 13:1
Thomas Isi - 9:14,
12:4, 12:5, 21:20,
30:9, 30:16, 98:21,
98:24
thoughts 12i - 20:20,
54:22
threel~ii- 14:21,
14:22, 14:23, 20:15,
60:11, 74:24, 75:19,
92:7, 96:20, 98:13,
99:18
throughout Iz[ -
8:20, 55:16
throw lii - 62:17
Thursday iii -
104:17
time-consuming lii
- 75:9
timeframe l~] - 23:10
tiny [~] - 24:24
titled lii - 60:21
today Isi - 35:14,
39:21, 56:17
today's isi - 103:23,
104:22, 105:1, 105:3,
105:8
together lai - 29:7,
35:22, 72:16, 82:11
took [~] - 27:23
9
owards Iil - 22:4
town I~l - 25:19
Toyota I~l - 78:21
transaction I~ it -
10:5, 32:2, 39:6,
39:19, 39:23, 54:25,
64:17, 65:4, 65:5,
65:17, 65:20
transcribe I~l -
105:7
transcribed Iil -
103:24
TRANSCRIPThI -
1:5
transcript Izl -
33:21, 106:6
transferlil - 32:20
transferred I~l -
32:10
trial I~1- 57:3
tricking Iil - 56:25
truck I~l - 24:18
true Ial - 22:13,
28:10, 56:15, 58:2,
58:16, 61:14, 65:14,
79:18
trust Ill - 49:15,
49:17, 51:17, 51:18,
65:23, 92:8, 93:16
trusted Isl - 49:24,
49:25, 50:2, 99:13,
99:15, 99:18
try Izl - 42:22, 79:25
trying I3l - 62:17,
79:11, 85:12
Tuesday Isl - 37:23,
41:11, 41:18, 46:5,
85:13
Turner Ill - 6:2,
21:22
Turner's I~l - 6:5
twice Isl - 25:2, 56:6,
75:2, 75:4, 75:16
two I2sl - 23:14,
23:15, 24:3, 25:8,
39:16, 57:6, 58:14,
60:11, 62:9, 63:22,
75:19, 77:10, 78:17,
79:2, 81:8, 82:11,
90:12, 90:16, 90:19,
91:14, 94:1, 95:9,
95:15, 96:24, 98:6
tying [i] - 82:11
U
unable Ill - 53:23,
93:21
under Isl - 20:18,
95:15, 98:7, 98:14,
99:7
undergone Iil -
25:24
understood iil -
90:15
undertaking lil -
75:10
undo I~l - 98:5
undue Isl - 95:23,
95:24, 98:7, 98:12,
98:15, 99:8
union I~l - 87:7
untrue lil - 62:7
unwilling I~l - 53:23
up [i91- 24:15,
26:19, 31:1, 31:3,
46:13, 49:2, 51:23,
74:1, 76:22, 77:18,
79:10, 83:19, 88:3,
89:10, 97:19, 101:7,
101:12, 101:16
upheld I~l - 102:24
upset I71- 31:24,
46:17, 46:18, 65:8,
65:22, 98:22, 98:23
V
vacant I~l - 12:21
value Isl - 20:22,
58:1, 101:23, 102:8,
102:14
valued Iil - 102:12
verdict Isl - 95:9,
95:11, 95:20, 95:23,
96:9, 96:13
verification Ill -
60:24
verified I~l - 61:13
videoing I~l - 46:14
Virginia I2sl - 4:14,
5:2, 5:3, 5:6, 25:19,
32:3, 32:7, 33:14,
36:15, 39:6, 39:18,
39:23, 47:1, 48:21,
51:7, 55:1, 61:7, 65:4,
65:16, 65:19, 84:18,
87:20, 94:20, 97:1,
100:24
visit I~al - 15:2, 23:6,
24:4, 28:19, 28:22,
55:8, 55:9, 56:5, 59:3,
59:13, 59:15, 60:8,
62:3, 63:16
visitation IU - 13:24
visited Isl - 23:24,
24:12, 44:10, 61:7,
61:17
visiting Izl - 61:24,
63:3
visits Ial - 24:2, 24:6,
24:9, 57:6
voice I~l - 65:24
W
wait Izl - 15:25
wallet li I - 76:5
watching lil - 46:14
wavering I~l - 31:15
ways li I - 98:6
weakened Isl - 96:4,
96:6, 98:16, 98:17,
99:4
wedding Ill - 61:9,
65:9
week Isl - 25:8,
41:19, 41:20, 46:3,
55:20, 55:21
weekend Ial - 38:10,
38:11, 38:12, 51:8
weeks Ial - 25:3,
25:8, 55:13
Wesley Izl - 1:11,
106:24
West Ill - 1:25,
67:13
Whitney Ial - 49:3,
77:3, 78:4, 87:6
whole I~l - 8:13
wife Izl - 7:23,
102:21
William Is71- 4:16,
8:14, 10:20, 12:8,
20:9, 22:25, 26:7,
28:4, 29:22, 31:18,
36:12, 36:23, 37:12,
38:20, 39:1, 39:6,
39:13, 39:18, 40:2,
40:6, 40:12, 41:24,
42:3, 42:6, 42:11,
42:12, 43:9, 43:24,
46:24, 47:24, 48:6,
53:11, 59:7, 59:11,
61:23, 62:2, 63:3,
64:5, 64:7, 65:7, 66:3,
71:16, 71:24, 72:5,
74:10, 77:23, 77:24,
87:11, 87:19, 87:21,
91:22, 95:19, 96:8,
99:16, 101:3, 101:7,
102:9
WILLIAM Ill - 1:2
William's I~l - 21:15,
29:2, 32:9, 32:15,
32:16, 57:6, 59:20
willing I>>l - 50:7,
50:11, 52:4, 52:19,
54:14, 81:25, 82:6,
82:22, 88:5, 90:21,
10
90:25
wills Dl - 68:2, 68:5,
68:11, 68:17, 69:23,
71:19, 72:21
win [i] - 98:10
windows lil - 13:2
wished Iil - 97:21
withdraw I~l - 93:10
WITNESS I3~1-
19:13, 19:19, 25:18,
50:17, 50:24, 51:2,
51:6, 51:22, 52:3,
52:6, 52:14, 52:16,
53:2, 53:5, 56:19,
62:24, 66:14, 68:17,
72:17, 72:25, 73:21,
79:6, 81:17, 88:7,
88:9, 88:14, 88:16,
88:21, 88:25, 89:5,
101:14
witness Iisl - 9:3,
19:14, 64:2, 66:22,
69:11, 69:22, 70:4,
70:5, 70:6, 70:12,
71:3, 72:21, 73:1,
73:9, 100:5, 101:11,
103:4, 104:25
witnessed I~l -
69:15, 70:22, 71:7,
71:20, 72:5, 72:8,
72:9
WITNESSES I~l - 2:1
witnesses Izl -
19:20, 81:9
witnessing I~1- 73:2
wondering Ill - 6:25
words Isl - 8:17,
14:4, 22:19, 33:5,
73:2
works I~l - 8:13
worse Iil - 74:18
writing I~1- 15:17
written Ial - 15:21,
16:5, 51:21, 97:14
wrote I~ l - 51:3
Y
year Ii71- 4:25,
14:16, 14:19, 14:21,
14:24, 23:11, 23:13,
38:5, 47:2, 55:16,
60:11, 60:12, 71:21,
75:3, 75:4, 75:16
years Iisl - 5:12,
6:12, 7:13, 10:12,
10:13, 12:16, 13:1,
24:17, 55:15, 56:13,
64:9, 64:13, 74:8,
75:7
younger Ill - 24:14
youngest Izl - 20:10,
24:16
yourself Iil - 78:17