Home
canweconnectthedots.com



http://www.book8307page1446deed.com
Anthony Miner O'Connell, Trustee


The purpose of this web site is to try to get the attention of a just power with a background in accounting, who would do whatever it takes to expose the accounting trails of the CPA Joanne Barnes and the Attorney Edward White at bk467p191 and find out where the money went.

Those who don't want the accounting exposed want me out because I try to expose the accounting, They want my trusting sister Jean Nader in because she would not try to expose the accounting. The signature cover of these accountants and their collaborators is to use a trusting family people to unwittingly divide and disempower the family they victimize.

DEED TEST

Summary

Those in control would not recognize my (Anthony Miner O'Connell, Trustee) deed and would not say why. They did not say they didn't recognize it. They just ignored it. This uncertainty blocked me from selling the property the deed describes (Accotink) and forced me to pay the real estate taxes until I ran out of money. Not selling the property and not paying the real estate taxes was used to justify removing me as Trustee. Jean Nader was put in my place.

Deed test - How big is this corruption? How far would you have to go to find an establishment that would recognize this deed or say why it should not be recognized?

*  *  *

This Deed for Accotink has been in the Fairfax County, Virginia, public Court records at bk8307p1446 since October 23, 1992. It says Anthony Miner OConnell, Trustee, owns the property it describes in fee simple.

I could not get the Director of DTA (Department Tax Administration) Kevin Greenlief <kevin.greenlief@fairfaxcounty.gov>, or anyone in the Court, or anyone in the Fairfax County Government, or anyone in the Commonwealth of Virginia, or anyone in the Federal Government, or the law firm that prepared it (McGuire Woods), to recognize this Deed or say why it should not be recognized. I tried for 23 years.

The blocked me from selling the property it describes (Accotink) and forced me to pay the real estate taxes for all the beneiciaries until I ran out of money. This is important. Please keep this in mind. Not recognizing this Deed and not saying why blocked me from selling the property the Deed describes and forced me to pay the real estate taxes for all the beneiciaries until I ran out of money

A large paradigm shift is needed to get your arms around this. Is there anyone in any establishment willing and able to recognize this deed or say why it should not be recognized?



























 

DEED

"DEED IN TRUST UNDER LAND TRUST AGREEMENT

THIS DEED IN TRUST UNDER LAND TRUST AGREEMENT, made this 16th day of October, 1992 by and between JEAN MARY O’CONNELL NADER and HOWARD NADER, husband and wife, SHEILA ANN O' CONNELL and PIERRE SHEVENELL, husband and wife, ANTHONY MINER O’CONNELL, divorced and not remarried, and ANTHONY MINER O’CONNELL, Trustee Under the Last Will and Testament of Harold A. O’Connell (collectively, “Grantors"); and ANTHONY MINER O’CONNELL, Trustee, of Fairfax County, Virginia (hereinafter sometimes collectively referred to as "Trustees" or "Grantees"):

                                                                               W I T N E S S E T H:
That Grantors for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby grant and convey to the Grantees as trustees the hereinafter described parcel of real estate, situate and being in Fairfax County, Virginia, and being more particularly described on the attached and incorporated EXHIBIT A- ("Property").
TO HAVE AND TO HOLD the Property in fee simple, with the appurtenances thereunto belonging, upon the trusts and for the uses and purposes set forth herein and in that certain Land Trust Agreement dated as of 16th day of October 1992, which is incorporated herein by this reference.

Full power and authority is hereby granted to the Trustee and their successors and assigns to protect and conserve the property; to sell, contract to sell and grant options to purchase the Property and any right, title or interest therein on any terms; to exchange the Property or any part thereof for any other real or personal property upon any terms; to convey the Property by deed or other conveyance to any grantee, with or without consideration; to mortgage, pledge or otherwise encumber the Property or any part there of; to lease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify leases on the Property or any part thereof from time to time, for any period of time, for and rental and upon any other terms and conditions; and to release, convey or assign any other right, title or interest whatsoever in the Property or any part there of.
No party dealing with the Trustee in relation to the Property in any manner whatsoever, and (without limiting the foregoing) no party to whom the Property or any part there of or any interest there in shall be conveyed, contracted to be sold , leased or mortgaged by the Trustee, shall be obliged (a) to see to the application of any purchase money, rent or money borrowed or otherwise advanced on the Property, (b) to see that the terms of this trust have been complied with, (c) to inquire into the authority, necessity of expediency of any act of any Trustee, or (d) be privileged to inquire in to any of the terms of the Trust Agreement. Every deed, mortgage, 1ease or other instrument executed by the Trustee in relation to the Property shall be conclusive evidence in favor of every person claiming and right, title or interest thereunder; (a) that at the time of the delivery thereof this trust was in full force and effect, (b) that such instrument was executed in accordance with the trusts, terms and conditions hereof and of the Trust Agreement and is binding upon all beneficiaries thereunder, (c) that the Trustee was duly authorized and empowered t o execute and deliver every such instrument, and (d) if a conveyance has been made t o a successor or successors in trust, that such successor or successors have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of his, its or their  predecessor in trust.
The Trustee shall have no individual liability or obligation whatsoever arising from his ownership, as trustee, of the legal title to said property, or with respect to any act done or contract entered into or indebtedness incurred by him in dealing with said property, or in otherwise acting as such trustee, except only so far as said Trust Property and any trust funds in the actual possession of the Trustee shall be applicable to the payment and discharge there of.
The interest of every beneficiary hereunder and under the Trust Agreement and of all persons claiming under any of them shall be only in the earnings, avails and proceeds a rising from the rental, sale or other disposition of the Property. Such interest is hereby declared t o be personal property, and no beneficiary hereunder shall have any right , title or interest, legal or equitable, in or to the Property, as ' such, but only in the earnings, avails and proceeds there of as provided in the Trust Agreement.
This deed is governed by and is to be read and construed with reference t o Section 55-17.1, Code of Virginia (1950 as amended) and now in force.
Except as here in after noted, the Grantors covenant that they have the right to convey the Property to the Trustee, that Grantors have done no act to encumber the Property, that the Trustees shall have quiet possession of the Property, free from all encumbrances, and that Grantors will execute such further assurances of the Property as may be requisite.
Howard Nader and Pierre Shevenell join in this Deed in Trust Under Land Trust Agreement for the sole purpose of consenting to the conveyance of the Property, and hereby forever convey, release and waive any marital rights or right to claim an elective share in such Property as part of their spouses' augmented estate pursuant to Code of Virginia, Section 64.1-13, et seq., as amended, and give no covenant or warranty of title to the property hereby conveyed."

 

LAND TRUST AGREEMENT

1992.10.16 (Land Trust Agreement at bk8845p1449)
THIS LAND TRUST AGREEMENT ("Trust Agreement"), dated as of the 16th day of October, 1992, between ANTHONY MINER O' CONNELL, TRUSTEE, (collectively, "Trustee" or "Trustees"), and JEAN MARY O'CONNELL
NADER, SHEILA ANN O'CONNELL, ANTHONY MINER O'CONNELL, and ANTHONY MINER. O'CONNELL, Trustee Under the Last Wil1 and Testament of Harold A. O'Connell (collectively, "Beneficiary" or "Beneficiaries") provides:
RECITALS
R-1. Beneficiaries, by virtue of that certain Deed in Trust Under Land Trust Agreement recorded in Deed Book 8307 at age 1446 among the land records of Fairfax County, Virginia, have caused title to the real property described in the attached and incorporated Exhibit A ("Property") to be conveyed to the Trustee .
R-2. Pursuant to that certain Power of Attorney dated 16th day of October, 1992, a copy of which is attached and herein as Exhibit B, the Beneficiaries designated Anthony Miner 0'Connell ("O'Connell") as their true and lawful agent and attorney-in-fact to do, execute and perform all and every act or thing necessary to be done in and about the Property.
R-3. By this Trust Agreement, the Trustee will hold legal title to the Property for the uses and purposes and subject to the
terms and conditions set forth in this Trust Agreement.
NOW, THEREFORE, for and in consideration of the premises, the foregoing recitals, and the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
1. Recitals. The recitals set forth above are incorporated herein by reference, as if fully set forth in the text
of this Trust Agreement.
2. Legal and Beneficial Title. Beneficiaries have appointed and do hereby constitute and appoint the trustee, or his
survivor(s) or successor(s), as trustee for Beneficiaries to hold legal title to the Property for the benefit of beneficiaries, their successors and assigns, pursuant to the terms and conditions of this Trust Agreement. The Trustee hereby declares, acknowledges and agrees that the Trustee holds, and shall continue to hold pursuant to this Trust Agreement, the legal record title to the Property as trustee and nominee for the benefit of the beneficiaries.
3. Beneficiaries' Rights and Obligations.
3.01. The parties hereto acknowledge that this Trust Agreement evidences the ownership (and all of the burdens and
benefits thereof) in the Property by the Beneficiaries; provided, however, that the interest of beneficiaries in the Property shall be deemed to be personal property, pursuant to the provisions of Section 55-17.1 Code of Virginia (1950 as amended), and shall passor may be assigned or otherwise transferred as such. No Beneficiary

(Page 2 at BK8845 1450)
shall have any legal or equitable right, title or interest, as realty, in or to any real estate which constitutes all of any part
of the Property, or the right to compel partition. The Beneficiaries shall have only the right, as personalty, hereinabove
set forth. The death of a Beneficiary shall not terminate this trust or in any manner affect the powers of the Trustee. The death or resignation of O'Connell or any successor attorney-in-fact ("Attorney-in-Fact") designated by the Beneficiaries shall not terminate this trust or in any manner affect the powers of the Trustee but shall result in the designation by the Beneficiaries of a successor attorney-in-fact. Notwithstanding the foregoing, the Beneficiaries shall be the real and beneficial owners of the Property for all purposes whatsoever (including, withoutimitation, risk of loss, federal, state and local income taxes, estate and inheritance taxes, and real property taxes), to the same extent and with the same force and effect as if a deed to the property had been recorded in the name of the beneficiaries. Accordingly, without limiting the generality of the foregoing, from and after the effective date of this Trust Agreement, The Beneficiaries shall have the right, acting by and through their Attorney-in-Fact, to (i) use, occupy, enjoy, and control the Property, to receive the earnings, profits and proceeds from any
rental, sale, financing or refinancing, or other disposition of the Property, including any proceeds from casualty or title insurance policies and any condemnation awards or proceeds, and to otherwise have and exercise all of the burdens and benefits of beneficial ownership and control of the Property; (ii) develop the Property or construct, repair, alter, remodel, demolish or replace any improvements on the Property, in such manner or form as theAttorney-in-Fact shall determine in his or her sole discretion;(iii) lease, contract to lease, grant options to lease and renew, extend, amend or otherwise modify I eases on the Property, anyportion or portions thereof, or any improvements located thereon, from time to time, for any rental and upon any other terms and conditions: and (iv) encumber, convey, or otherwise deal with title
to the Property or any portion or portions of the Property and direct the Trustee to encumber, conveyor otherwise deal with legal title to the Property, or any portion or portions of the Property, as hereinafter set forth.
3.02. Except for those obligations of Trustee referenced in paragraph 9.02, Beneficiaries, acting by and through their Attorney-in-Fact, hereby covenant and agree to (i) pay all real estate taxes and other assessments for the Property, when and as the same are due; (ii) at all times adequately insure anyimprovements on the Property against fire and other casualties, and maintain liability insurance in reasonable amounts with a company doing business in the Commonwealth of Virginia that is reasonably acceptable to the Trustee, all of which policies shall name the Trustee as additional insured thereunder; (iii) pay all sums falling due under any and all loans or other liens now or hereafter affecting, encumbering, relating to or arising from any contract relating to the property; (iv) pay all expenses in connection with the ownership and upkeep of, or otherwise concerning, the Property, including, without limitation, all maintenance charges, insurance

(Page 3 at BK8845 1451) premiums, repairs, etc.; (v) pay all costs in connection with any transfer of the property, legal title thereto, or any interest therein, including any transfer and/or recordation taxes or costs in connection with any financing pI aced on the Property or any ransfer of the Property or any interest therein; and (vi) file all income tax returns with respect to the Property and its operation and pay all taxes on the earnings and avails of the Property or growing out of the ownership thereof.
4. DUTIES of TRUSTEE; ACTIONS by Trustee.
4.01. Trustee shall perform the following duties without compensation therefor, except as is otherwise provided in 8 and 9 of this Trust Agreement: Trustee has the authority to (i) execute all instruments which shall be necessary to protect and conserve the Property; (ii) sell, contract to sell and grant options to purchase the Property, or any portion or portions thereof and any right, title or interest therein for cash or on credit; (iii) exchange the Property, or any portion or portions thereof, for any other real property upon any terms; (iv) convey the Property, or any portion or portions thereof, by deed or other conveyance to any grantee, with or without consideration; (v) mortgage, pledge or otherwise encumber the Property, or any portion or portions thereof (including the granting of deeds of trust thereon); and (vi) release, conveyor assign any other right, title or interest whatsoever, in, to or about the Property, or any portion or portions thereof. Trustee shall have the power to perform any of the above acts without the consent of the Beneficiaries or the Attorney-in-Fact. Upon written direction of all the beneficiaries or Attorney-in-Fact, Trustee shall be required to perform any of the above acts. Trustee shall not be required to inquire into the authenticity, necessity or propriety of any written direction executed and delivered to it by all of the Beneficiaries or their Attorney-in-Fact pursuant to this paragraph.
4.02. The foregoing power and authority of Trustee, as contained in paragraph 4.01 above, shall in no way limit the power of the Beneficiaries to take any and all of the same actions in their own name and stead in lieu of taking action through Trustee, to the extent permitted by the laws of the State of Virginia.
4.03. All actions by the Trustee under this Trust Agreement shall be effective only if joined in, in writing, by all
parties comprising Trustee. Should a dispute or disagreement arise between the Beneficiaries in respect of this Trust Agreement or the Property, the Trustee shall be entitled, in his or her sole and absolute discretion, to seek the guidance of a court of law or in accordance with applicable law.
4.04. (a) If the Property or any part thereof remain in this trust at the expiration of twenty (20) years from the date
hereof, the Trustee shall promptly either convey record title to the Property to the Beneficiaries, at the cost of the·
Beneficiaries, or promptly sell the Property at a public sale after a reasonable public advertisement and reasonable notice thereof to the Beneficiaries I and after deducting the reasonable cost and.
expenses of such sale, the Trustee shall deliver the proceeds of sale either to the Attorney-in-Fact or to the Beneficiaries in accordance with the respective interests.

(Page 4 at BK8845 1452)
(b) If at any time prior to the expiration of twenty (20) years from the date hereof the assets of this trust shall consist solely of cash, the Trustee shall transfer and deliver all of such assets to either the Attorney-in-Fact or the Beneficiaries in accordance with their respective interests. Upon the completion of the action required by this paragraph, the trust and this Trust Agreement shall terminate.
4.05. Anything in this Trust Agreement to the contrary notwithstanding, the Trustee is directed to sell the Property or
any portion thereof without the consent of the Beneficiaries if, at any time prior to the expiration of twenty (20) years from date hereof, the Trustee shall deem it advisable in order to protect the interests of the Beneficiaries, but no such sale may be made until after reasonable notice thereof is given to all of the Beneficiaries. After deducting the reasonable costs and expenses of such sale, the Trustee shall deliver the proceeds thereof to the Attorney-in-Fact or the Beneficiaries in accordance with the provisions of subparagraph 4.04 above.
5. Trustee Not to Exercise Rights of Ownership or Control Over Property. Trustee does hereby covenant and agree with the beneficiaries that Trustee will not, in Trustee's capacity as trustee and holder of legal record title to the Property, take any actions respecting the Property, except in accordance with the powers granted in paragraph 4.01 above or by the direction of all of the Beneficiaries or the Attorney-in-Fact. It is expressly understood and agreed between the Beneficiaries and Trustee that the manner of holding title to the Property (or any part thereof) is solely for the convenience of the Beneficiaries; accordingly, the spouse, executors, administrators, beneficiaries, distributees,
successors or assigns of any party comprising Trustee or any other holder of record title to all or any portion of the Property, shall have no right, title or interest in and to any of the property by reason of the manner in which title is held, but the entire Property shall be treated as property of the Beneficiaries, subject to the terms of this Trust Agreement. Trustee hereby assigns to he Beneficiaries the proceeds, if any, receivable by Trustee with respect to any insurance policies under which Trustee is insured with respect to Trustee's holding record title to the property,
including, without limitation, proceeds from title insurance policies.
6. Disclaimer of Partnership. This Trust Agreement shall not be deemed to be, or create or evidence, the existence of a business trust, an association in the nature of a corporation, a partnership, a joint venture or any other business entity or
enterprise between the Trustee and the Beneficiaries,
7. Third Parties.
7.01. No party dealing with the Trustee in relation to the Property, or any portion or portions thereof, in any manner
whatsoever and (without limiting the foregoing), no party to whom Property, or any portion or portions thereof, or any interest therein shall be conveyed, contracted to be sold, leased or mortgaged by Trustee, shall be obliged to (i) see to the
application of any purchase money, rent or money borrowed or otherwise advanced on the Property; (ii) see that the terms of this

(Page 5 at BK8845 1453)
Trust Agreement have been complied with; (iii) inquire into the authority, necessity or expediency of any act of Trustee; or (iv) be privileged to inquire into any of the terms of this Trust Agreement.
7.02. Every deed, mortgage, lease or other instrument executed by Trustee in relation to the Property, or any portion or
portions thereof, shall, if joined in by all parties comprising Trustee in conformity with the provisions of paragraph 4.03 of this Trust Agreement, be conclusive evidence in favor of every person claiming any right, title or interest thereunder (i) that at the time of delivery thereof the trust created hereunder was in full force and effect, (ii) that such instrument was executed in accordance with the terms and conditions of this Trust Agreement and all amendments hereof, if any, and is binding upon the Beneficiaries, (iii) that Trustee was duly authorized and empowered to execute and deliver such instrument, and (iv) if a conveyance has been made to a successor or successors in trust, that such successor or successors have been properly appointed and are fully vested with all of the title, estate, rights, powers, duties, and
obligations of its, his or their trust.
7.03. No person or entity not a party hereto, specifically including (but not limited to) any creditors of any of the Beneficiaries or Trustee, shall derive any rights or benefits by virtue of the provisions of this Trust Agreement whether under any third party beneficiary theory, right of subrogation or otherwise; and any and all intention to create any such rights in any person or entity not a party hereto is hereby specifically disclaimed.
8. Trustee Not Individually Liable: Indemnification and Reimbursement of Trustee by the Beneficiaries.
8.01. The Trustee, in such capacity, shall have no individual liability or obligation whatsoever arising from holding
the legal record title to the Property pursuant to the provisions hereof or any act on taken by the Trustee with respect to the Property except as a result of Trustee's gross negligence or willful misconduct, or with respect to any act done or contract entered into or indebtedness incurred by the Beneficiaries, and the Beneficiaries shall indemnify, defend and hold· Trustee harmless from any such liability and obligations. Any instrument required to be executed by Trustee with respect to the Property, including but not 1imi ted to deeds, deed of trust or mortgages, shall expressly state that the Trustee has joined in such instrument solely in the capacity as Trustee and will have no personal liability or obligation thereunder for performance of any covenants thereof or for payment of any indebtedness or other sums evidenced
or secured thereby.
8.02. Notwithstanding the obligations in paragraph 9.02, the Trustee shall not be required (i) to take any action with
respect to the property unless the Trustee shall have been furnished with sufficient funds therefor or be indemnified to
Trustee's reasonable satisfaction with respect to the costs thereof; or (ii) to pay or advance any sums of money with respect to the property or this Trust Agreement except from funds provided o Trustee for such purpose. If Trustee shall pay any money or

(Page 6 at BK8845 1454)
incur any liability to pay any money on account of this Trust Agreement or the Property, or any portion or portions thereof, or ncur any liability to pay any money on account of Trustee holding title to the Property or otherwise in connection with this Trust Agreement, whether because of breach of contract, injury to person or property, fines or penalties under any law, or otherwise, Beneficiary agrees that, except as is otherwise provided in paragraphs 8.01 above and 9.02 below, the Beneficiaries will, at their expense, indemnify, defend and hold harmless Trustee from and
against any liabilities or obligations incurred by Trustee for any reason whatsoever as a result of this Trust Agreement, including all loss, costs, expenses and reasonable attorneys' fees, and that Beneficiaries will, on demand, pay Trustee all such payments made by Trustee together with trustee's expenses, including reasonable attorneys' fees.
8.03. The Trustee shall be entitled to rely, and shall be fully protected in relying, upon any communication or
document to have been made or signed by the Attorney-in- Fact provided the Trustee has not received written notice of the revocation of the power of attorney by any of the Beneficiaries. Effective immediately upon Trustee's receipt of such notice, Trustee shall take no action under this Trust Agreement, except as provided in paragraph 4.01, without the consent of all of the Beneficiaries or a final order from a court of competent jurisdiction authorizing such action.
9. Compensation of Trustee; Expenses Paid by Trustee; Real Estate Taxes.
9.01. Trustee shall be compensated for its duties under this Trust Agreement on a value added basis. The Beneficiaries agree that the basis of the trust property is $300,000, the assessed value of the property determined by a professional appraisal on June 8, 1992. Trustee is to receive 1/3 of any amount realized above the $300,000 basis upon sale of the
property or 1/3 of any increase in the appraised value of the upon conveyance of title to the Beneficiaries.
9.02. Trustee agrees to pay for all expenses voluntarily undertaken towards increasing the value of the property and the expense of any sales commission incurred in the of the property.
9.03. All real estate taxes on the property shall be shared by all of the Beneficiaries. If a Beneficiary does not
his or her share of the taxes, The Trustee will pay the shortfall and shall be reimbursed the principal plus 10% interest per annum. Trustee shall be reimbursed for any outstanding real estate tax shares or other Beneficiary shared expense still owed by any Beneficiary at settlement on the eventual sale of the property.
10. Termination; Resignation of Trustee; Amendment. The Trust created hereunder may be terminated by all of the Beneficiaries or the Attorney-in Fact at any time and, upon such termination, Trustee shall convey the Property, or any remaining portion or portions thereof, to the Beneficiaries or to any person or persons designated by each of them, in accordance with their respective interest, at the sole cost of the Beneficiaries. This Trust Agreement may be amended only by a written agreement executed

(Page 7 at BK8845 1455)
by Trustee and all of the Beneficiaries or the Attorney-in-Fact and may be revoked or terminated by written notice from all of the Beneficiaries or the Attorney-in-Fact to Trustee. Trustee shall, upon the direction of all the Beneficiaries or the Attorney-in-Fact and at the sole cost of the Beneficiaries, execute any and allamendments hereto or modifications hereof, provided that the same preserve the provisions of paragraphs 8 and 9 hereof unless otherwise agreed in writing by all of the Beneficiaries or the Attorney-in-Fact and Trustee. Notwithstanding the foregoing, the Trustee shall have the right to resign as trustee upon thirty (30) days written notice if any of the Beneficiaries shall fail in any material respect to perform any of their obligations under this Trust Agreement running to the benefit of Trustee, without any further liability or obligation of Trustee under this Trust Agreement, such resignation to be effective upon the date specified in such notice unless the Beneficiaries shall substitute a newtrustee or trustees prior to such effective date pursuant to the
provisions of paragraph 12 of this Trust Agreement. The resigning Trustee shall not be required or obligated to take any action under this Trust Agreement or with respect to the Property from and after the date any such notice of resignation is given, except to convey the property to a successor trustee if so requested. In the event all trustees then serving under this Trust Agreement resign and no substitute trustees are appointed by the Beneficiaries prior to the date such resignation is effective, then the trustee may convey record title to the Property to the Beneficiaries in accordance their respective interests, at the Beneficiaries' cost, or, at Trustee's option, file a suit for appropriate relief in a court of competent jurisdiction.
11. Governing Law. This Trust Agreement shal1 be construed in accordance with the 1aws of the Commonwealth of
Virginia.
12. Recordation; Copies of Trust Agreement. The Beneficiaries shall have the right, at their expense and without cost to Trustee I to have this Trust Agreement I or a memorandum hereof, recorded among the land records of Fairfax County,
Virginia. Copies of this Trust Agreement or any amendment hereto or modification hereof, certified by Trustee or all of the Beneficiaries or their Attorney-in-Fact to be true and correct, shall be satisfactory evidence thereof for all purposes.
13. Substitution of Trustees. All of the Beneficiaries in agreement or the Attorney-in-Fact shall have the absolute right, at any time and for any reason, with or without cause, to remove the Trustee, or any of them, and to appoint a substitute trustee or trustees hereunder,· or upon the resignation on, death, incapacity, disability or absence of the Trustee, or any of them, to appoint a trustee or trustees hereunder, which appointed successor or substitute trustee or trustees shall be conferred with all the and charged with all the duties that are conferred or charged upon the Trustee originally named herein, and Trustee covenants to promptly execute, acknowledge and deliver to the Beneficiaries a deed conveying record title to the Property to the successor trustee(s) and any and all documents in connection therewith. Said power of SUbstitution or removal may be exercised

(Page 8 at BK8845 1456)
at any time or from time to time, with or without cause, and one or more exercises thereof shall not be deemed to exhaust said power.
14. Successors. The provisions of this Trust Agreement shall inure to the benefit of, and be binding upon, the parties
hereto and their respective heirs, representatives, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Land Trust Agreement under seal as of the day and year first above written.

            Trustee:  
         
      (seal)  
      Anthony Miner O'Connell, Trustee  
      6541 Franconia Road  
      Springfield, Virginia 22150  
         
  Percentage Interest In The Trust         Beneficiaries:  
         
  17.96687%   (seal)  
      Jean Mary O'Connell Nader  
         
  17.96687%   (seal)  
      Sheila Ann O'Connell  
         
  17.96687%   (seal)  
      Anthony Miner O'Connell  
         
  46.0994%   (seal)  
      Anthony Miner O'Connell, Trustee  
      Under the Last Will and Testament  
      of Harold A. O'Connell  


STATE OF Virginia
COUNTY OF Fairfax, to wit:
The foregoing instrument was acknowledged before me this
3rd day of August 1992, by Anthony Miner O'Connell,
Trustee.
Barbara A Antonucu(?)
Notary Public
My Commission expires: 7-31-94
STATE OF
COUNTY OF       to wit:

(Page 9 at BK8845 1457)
The forgoing istrument was acknowledged before me this 13th day of August 1992, by Jean Mary O'Connell Nader.
Frances E. Albert
Notary Public
My Commission expires:
STATE OF Maine
COUNTY OF Cumberland , to wit:
The foregoing instrument was acknowledged before me this
16th day of October 1992, by Sheila Ann O'Connell .
Pearl R Mahany
Notary Public
My Commission expires: 7/31/94
STATE OF Virginia
COUNTY OF Fairfax, to wit:
The foregoing instrument was acknowledged before me this
3rd day of August 1992, by Anthony Miner O'Connell,
Barbara A Antonucu(?)
Notary Public
My Commission expires: 7-31-94
STATE OF Virginia
COUNTY OF Fairfax, to wit:
The foregoing instrument was acknowledged before me this
3rd day of August 1992, by Anthony Miner O'Connell,
Trustee, under the Last Will and Testament of Harold A. O'Connell.
Barbara A Antonucu(?)
Notary Public
My Commission expires: 7-31-94
(BK8845 1458) signatures
(BK8845 1459) exhibit A
(BK8845 1460) exhibit B
(BK8845 1461) signature
(BK8845 1462) survey plat


 

COMPLAINT


This Complaint was prepared by the law firm of B&K (Blankingship & Keith) for my sister Jean Nader to sign. It is a cover up. Using a trusting family member to unwittingly divide and disempower the family they victimize is the fraudsters signature cover.

Bottom line: Those who don't want the accounting exposed want me out because I try to expose the accounting. Those who don't want the accounting exposed want Jean Nader in because she would not try to expose the accounting. They use her as unwitting cover. Try to expose bk467p191 and see.

 

 


COMES NOW the Plaintiff, Jean Mary O'Connell Nader, by counsel, and brings this action pursuant to § 26-48 and 55-547.06 of the Code of Virginia (1950, as amended) for the removal and appointment of a trustee, and in support thereof states the following.
Parties and Jurisdiction
1. Plaintiff Jean Mary O’Connell Nader ("Jean") and *Defendants Anthony Miner O’Connell ("Anthony") and Sheila Ann O'Connell ("Sheila") are the children of Harold A. O’Connell ("Mr. O’Connell"), who died in 1975, and Jean M. O'Connell ("Mrs. O'Connell"), who died on September 15, 1991.

Why does B&K not recognize the Deed at http://www.book8307page1446deed.com?
2. The trusts that are the subject of this action are: (a) the trust created under the Last Will and Testament of Harold A. O'Connell dated April 11, 1974, and admitted to probate in this Court on June 18, 1975; and (b) a Land Trust Agreement dated October 16, 1992, which was recorded among the land records of this Court in Deed Book 8845 at Page 1449.

Why does B&K not recognize the Deed at http://www.book8307page1446deed.com?
3. Jean, Sheila, and Anthony are the beneficiaries of both of the trusts and, therefore, are the parties interested in this proceeding.
Facts

Why does B&K not recognize the Deed at http://www.book8307page1446deed.com?
4. During their lifetimes, Mr. and Mrs. O'Connell owned as *tenants in common a parcel of unimproved real estate identified by Tax Map No. 0904-0 1-00 17 and located near the Franconia area of Fairfax County, Virginia and consisting of approximately 15 acres (the "Property").

Why does B&K not recognize the Deed at http://www.book8307page1446deed.com?
5. After his death in 1975, a 46.0994% interest in the Property deriving fiom Mr, O'Connell's original 50% share was transferred to a trust created under his Last Will and Testament (the "Harold Trust"), of which Anthony serves as trustee. A copy of the Last Will and Testament of Harold A. O'Connell is attached hereto as Exhibit A.

Why does B&K not recognize the Deed at http://www.book8307page1446deed.com?
6. Mrs. O'Connell held a life interest in the Harold Trust and, upon her death in 1991, the trust assets were to be distributed in equal shares to Jean, Sheila, and Anthony as remainder beneficiaries. Although other assets of the Harold Trust were distributed to the remainder beneficiaries, the trust's 46.0994% interest in the Property has never been distributed to Jean, Sheila, and Anthony in accordance with the terms of the Harold Trust.

Why does B&K not recognize the Deed at http://www.book8307page1446deed.com?
7. After Mrs. O'Connell's death, her 53.9006% interest in the Property passed to Jean, Sheila, and Anthony in equal shares, pursuant to the terms of her Last Will and Testament and Codicil thereto, which was admitted to probate in this Court on December 10, 1991.

Why does B&K not recognize the Deed at http://www.book8307page1446deed.com?
8. Thus, after Mrs. O'Connell's death, Jean, Sheila, and Anthony each owned a 17.96687% interest in the Property, and the Harold Trust continued to own a 49.0994% interest in the Property.

WHY DOES B&K NOT RECOGNIZE THE DEED AT BOOWhy does B&K not recognize the Deed at BOOK8307PAGE1446DEED.COM book8307page191deed.com?
9. By a Land Trust Agreement dated October 16, 1992, Jean, Sheila, and Anthony, individually and in his capacity as trustee of the Harold Trust, created a Land Trust (the "Land Trust"), naming Anthony as initial trustee. A copy of the Land Trust Agreement is attached hereto as Exhibit B and incorporated by reference herein. The Harold Trust, Jean, Sheila, and Anthony (individually) are the beneficiaries of the Land Trust.

*B&K mentions the Deed but treats it as if it were of no signiference.
10. The Property was thereafter conveyed by Jean, Sheila, and Anthony, individually and as trustee of the Harold Trust, to Anthony, as trustee of the Land Trust, by a Deed dated October 16,1992 and recorded on October 23,1992 in Deed Book 8307 at Page 1446 among the land records for Fairfax County.

Why does B&K not recognize the Deed at book8307page191deed.com?
11. As trustee under the Land Trust, Anthony was granted broad powers and responsibilities in connection with the Property, including the authority and obligation to sell the Property. Paragraph 4.04 of the Land Trust Agreement states, in part, as follows:
If the Property or any part thereof remains in this trust at the expiration of twenty (20) years from date hereof, the Trustee shall promptly sell the Property at a public sale after a reasonable public advertisement and reasonable notice thereof to the Beneficiaries.

Not recognizing the deed with no explanation blocked me from selling the property the Deed describes and forced me to pay the real estate taxes until I ran out of money.
12. To date, the Property has not been sold, and the Land Trust is due to expire on October 16, 2012.

The Deed is the driving document. The Agreement is incorporated into the Deed:
"TO HAVE AND TO HOLD the Property in fee simple, with the appurtenances thereunto belonging, upon the trusts and for the uses and purposes set forth herein and in that certain Land Trust Agreement dated as of 16th day of October 1992, which is incorporated herein by this reference."

Real estate taxes are the most used vehicle for planting confusion and conflict.
13. According to Paragraph 9.03 of the Land Trust Agreement, the responsibility for payment of all real estate taxes on the Property is to be shared proportionately by the beneficiaries. However, if a beneficiary does not pay his or her share, the Land Trust Agreement provides: The Trustee will pay the shortfall and shall be reimbursed the principal plus 10% interest per annum. Trustee shall be reimbursed for any outstanding real estate tax shares or other Beneficiary shared expense still owed by any Beneficiary at settlement on the eventual sale of the property.

  • Accepting Jean Nader's checks made out to "County of Fairfax" would create an accounting entanglement. Accounting entanglements are used as wedge and takeover tools and as cover. It is unlike Jean Nader to insist on making her check out contrary to my request. Imagine if I asked her to sign a sales contract or deed.
  • Real estate taxes are prime accounting entanglement targets.
  • To see if the real estate tax amount of $27,669.17 was just made up, have those who arrived at this figure show how they arrived at this figure. As of November 6, 2010, the individual beneficiaries owed these amounts in real estate taxes:
    • Sheila O'Connell owed               $ 83,568.24.
    • Jean Nader owned                      $ 56,615.23.
    • Anthony O'Connell owed          $    6,446.65   
    • Subtracting $6,446.65 from these three amounts (It's a wash) means Sheila O'Connell owed Anthony OConnell $77,121.59 in reimbursement, and Jean Nader owned Anthony OConnell $50,168.58 in reembursement, for a total of $127,290.17. As of November , 2010, the Trust owned Anthony OConnell $127,290.17. How was it calculated that Anthony OConnell owes $27,738.00?

Reimbursing me for my paying Jean's share of the real estate by making her check out to "Fairfax County" plants confusion and conflict in the accounting. See plant659, (REPEAT THE Plant 659
14. For many years, Jean sent payment to Anthony for her share of the real estate
taxes on the Property. Beginning in or about 1999, Anthony refused to accept her checks because they were made payable to "County of Fairfax." Anthony insisted that any checks for the real estate taxes be made payable to him individually, and he has returned or refused to forward Jean's checks to Fairfax County. Under the circumstances, Jean is unwilling to comply with Anthony's demands regarding the tax payments.

************************

Why does B&K not recognize the Deed at http://www.book8307page1446deed.com?
15. Anthony is not willing or has determined he is unable to sell the Property due to a mistaken interpretation of events and transactions concerning the Property and, upon information and belief, the administration of his mother's estate. Anthony's position remains intractable, despite court rulings against him, professional advice, and independent evidence. As a result, Anthony is unable to effectively deal with third parties and the other beneficiaries of the Land Trust.

See Exhibit C, Schedule B - Section 1, item 7A. It says in part "ANTHONY MINER O'CONNELL, INDIVIDUALLY ". This is contrary to the Trust Agreement that says, in part, "Trustees Not Individually Liable;" at bk8845p1453 and the Trust Deed that says, in part "The Trustee shall have no individual liability or obligation whatsoever arising from his ownership. as trustee ... etc.. at bk8307p1447.
(SEE INDIVIDUAL. Where is that thing I wrote? This is working well)

16. In 2007, Anthony received a reasonable offer from a potential buyer to purchase the Property. Upon information and belief, Anthony became convinced of a title defect with the Property that, in his opinion, was an impediment to the sale of the Property. A title commitment issued by Stewart Title and Escrow on April 24,2007, attached hereto as Exhibit C, did not persuade Anthony that he, as the trustee of the Land Trust, had the power to convey the Property. Because of this and other difficulties created by Anthony, the Property was not sold.

"Please see the ecidence?????
17. Since 2007, it appears the only effort put forth by Anthony to sell the Property has been to post it for sale on a website he created, http://www.alexandriavirginial5acres.com

Not recogning the deed with no explanation blocked me from selling the property and forced me to pay the real estate taxes until I ran out of money. How did B&K arrive at the amount of $27,738.00? As of November 2010, the two beneficiarie owed me $127, xxx in reimbursement for my paying their share of the taxes.

 

  • If the implication is that I just decided not to pay the real estate taxes that is not true. The authorities not recognizing the Trust Deed or the law of contracts, and refusing to explain why, blocked me from a prudent selling of the Trust property. This forced me to pay the real estate taxes until I ran out of money
  • To see if the real estate tax amount of $27,738.00 was just made up, have those who arrived at this figure show how they arrived at this figure. As of November 6, 2010, the individual beneficiaries owed these amounts in real estate taxes:
    • Sheila O'Connell owed               $ 83,568.24.
    • Jean Nader owned                      $ 56,615.23.
    • Anthony O'Connell owed          $    6,446.65    


18. Since 2009, Anthony has failed to pay the real estate taxes for the Property as required by the Lhd Trust Agreement. Currently, the amount of real estate tax owed, including interest and penalties, is approximately $27,738.00.

 

If the implication is that I just decided not to pay the real estate taxes that is not true. The authorities not recognizing the Trust Deed or the law of contracts, and refusing to explain why, blocked me from a prudent selling of the Trust property. This forced me to pay the real estate taxes until I ran out of money
19. Anthony has stated that he purposely did not pay the real estate taxes in order to force a sale of the Property and clear up the alleged title defects.

 


20. Since the real estate taxes are more than two years delinquent, Anthony's failure to pay may result in a tax sale of the Property. Anthony was notified of this possibility by a notice dated October 26, 201 1, attached hereto as Exhibit D. In addition to the threatened tax sale, the Land Trust is incurring additional costs, including penalties, interest, and fees, that would not be owed if Anthony had paid the real estate taxes in a timely manner.

Bottom line:
21. In May 20 12, Jean, through her counsel, wrote a letter to Anthony requesting that he cooperate with a plan to sell the Property or resign as trustee. To date, Anthony has not expressed a willingness to do either, and still maintains that the alleged title defect and other "entanglements" must be resolved before any action can be taken towards a sale of the Property.
Count I: Removal of Anthony O'Connell as Trustee of Land Trust
22: The allegations of paragraphs 1 through 21 are incorporated by reference as if fully stated herein.
23. As trustee of the Land Trust, Anthony has a fiduciary duty to comply with the terms of the trust agreement, to preserve and protect the trust assets, and to exercise reasonable care, skill, and caution in the administration of the trust assets.
24. Anthony has breached his fiduciary duties by his unreasonable, misguided, and imprudent actions, including but not limited to, his failure to sell the Property and non-payment of the real estate taxes on the Property.
25. The breaches of duty by Anthony constitute good cause for his removal as trustee of the Land Trust.
WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That the Court remove Anthony Minor O'Connell as trustee under the Land Trust Agreement dated October 16, 1992, pursuant to 26-48 of the Code of Virginia (1950, as amended);
B. That all fees payable to Anthony Minor O'Connell under the terms of the aforesaid Land Trust Agreement, including but not limited to, the trustee's compensation under paragraph 9.01, and all interest on advancements by the trustee to the trust for payment of real estate taxes pursuant to paragraph 9.03, be disallowed and deemed forfeited;
C. That all costs incurred by Plaintiff Jean Mary O'Connell Nader in this action, including reasonable attorneys' fees, be paid by the Land Trust; and
D. For all such further relief as this Court deems reasonable and proper.
Count 11: Removal of Anthony O'Connell as Trustee of the Trust under the Will of Harold A. O'Connell
26. The allegations of paragraphs 1 through 25 are incorporated by reference as if fully stated herein.
27. The terms of the Harold Trust provide that, upon the death of Mrs. O'Connell, the assets are to be distributed to Jean, Sheila, and Anthony in equal shares. Notwithstanding the terms of the Harold Trust and the provisions for its termination, Anthony entered into the Land Trust Agreement in his capacity as trustee of the Harold Trust. As a result, upon the sale of the Property, Anthony can exercise greater control over the Harold Trust's share of the sale proceeds than if the parties held their beneficial interests in their individual capacities.

 

Why did the Trustee's Exceptions to the Commissioner's Report of June 16, 1994, and August 23, 2000, disappear after being received by the Court?
28, Other than its status as beneficiary of the Land Trust, there is no reason for the continuation of the Harold Trust.

 

Why did the Trustee's Exceptions to the Commissioner's Report of August 23, 2000, disappear after being received by the Court?

Why did the Trustee's actual 12th account dissapear after being received by the Commissioner of Accounts Jesse Wilson?

Why is "Debt fm Harold O'Connell Trust . . . 659.97" at bk467p192, approved by Commissioner of Accounts Jesse Wilson, not recognized?  
29. On August 8,2000, an Eleventh Account for the Harold Trust was approved by the Commissioner of Accounts for the Circuit Court of Fairfax County and determined to be a final account.


30. Anthony repeatedly and unsuccessfully challenged the Commissioner's determination and requested, inter alia, that the Court and the Commissioner of Accounts investigate a debt of $659.97 that he alleged was owed to the Harold Trust by Mrs. O'Connell's estate. In these proceedings, the Commissioner stated, and the court agreed, that there was no evidence to support Anthony's claims that a debt existed and, if so, that it was an asset of the Harold Trust.

1,475.97 - 816.00 = 659.97 is an accounting entanglement. The issue is not the amount. The issue is that it entangles. It entangles the trust accounting with the estate accounting. The CPA Joanne Barnes created it. The attorney Edward White framed me with it:

"2. The K-1 filed by the Trust showed a payment of $816.00 in interest to the estate. You sent a check in the amount of $1475.97 to the estate. What was the remaining $659.97? Do I have this confused with the tax debt/credit situation which ran from the Third Accounting?"
(Attorney Edward White to Trustee, Anthony O'Connell, May 19, 1992)

If you can recognize the dynamics in this simple plant of confusion and conflict you can recognize the same dynamics in the more complicated plants. Having Jean Nader make her reimbursement check to me as "Fairfax County" plants confusion and conflict in the accounting. http://www.canweconnectthedots.com/plant659/plant659-home.html

Bottom line: The accountants and their collaborators make money disappear. They want me out because I try to expose their accounting. They want my sister Jean Nader in because she does not try to expose the accounting. They use her as unwitting cover.


31. Anthony's repeated and unsuccessful challenges to the rulings of the Commissioner of Accounts and the Circuit Court in connection with the Eleventh Account, and his persistence in pursuing his unfounded claims to the present day, demonstrate that he is unable to administer the Harold Trust effectively and reliably.
32. It is in the best interests of the beneficiaries of the Harold Trust that, upon the sale of the Property, the net sale proceeds be distributed in an orderly and expedient manner. Based on Anthony's actions, he is not the proper individual to fulfill the trustee's duties in administering the Harold Trust.
33. The removal of Anthony as trustee best serves the interests of the beneficiaries of the Harold Trust.
WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That the Court remove Anthony Minor O'Connell as trustee under the Last Will and Testament of Harold A. O'Connell, pursuant to § 55-547.06 of the Code of Virginia (1 950, as amended);
B. That all costs incurred by Plaintiff Jean Mary O'Comell Nader in this action including reasonable attorneys' fees, be awarded to her in accordance with § 55- 550.04 of the Code of Virginia (1950, as amended); and
C. For all such further relief as this Court deems reasonable and proper.
Count 111: Appointment of Successor Trustee
34. The allegations of paragraphs 1 through 33 are incorporated by reference as if fully stated herein.
35. Jean is a proper person to serve as trustee of the Land Trust in order to sell the Property on behalf of the beneficiaries of the Land Trust, and she is willing and able to serve in such capacity.
36. The best interests of the beneficiaries would be served if the Land Trust is continued for a sufficient period of time to allow the successor trustee to sell the Property, rather than allowing the Land Trust to terminate on the date specified in the Land Trust Agreement. Each of the individual beneficiaries of the Land Trust is age 70 or above, and it would be prudent to sell the Property during their lifetimes, if possible, rather than leaving the matter for the next generation to resolve.
37. Jean is a proper person to serve as trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, and she is willing and able to serve in such capacity.
WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
A. That Plaintiff Jean Mary O'Connell Nader be appointed as successor trustee under the aforesaid Land Trust Agreement, with the direction to sell the Property upon such terms and conditions as this Court deems reasonable and appropriate, including, but not limited to, fixing a reasonable amount as compensation of the successor trustee for her services;
B. That the term of the Land Trust be continued for a reasonable time in order to allow for the sale of the Property;
C. That Plaintiff Jean Mary O'Connell Nader be appointed as successor trustee under the Last Will and Testament of Harold A. O'Connell for all purposes, including distribution of the net proceeds of the sale of the Property that are payable to such trust;
D. That all costs incurred by Plaintiff Jean Mary O'Connell Nader in this action, including reasonable attorneys' fees, be paid by the Land Trust; and E. For all such further relief as this Court deems reasonable and proper.

*  *  *

ORDER

Order signed by Chief Judge Smith on January 25, 2013.


Seventeen (17 ) of my eighteen (18) responses to the Complaint, weighting 6 lbs 1 oz, USPS El 480187657 US, disappeared after being received by the Court on September 25, 2012, at 10:44 am. Stephine Walker signed for it.

http://www.chiefjudgesmith.com/18responses-web/18responses-home-web.html
http://www.chiefjudgesmith.com/18responses/Received9-24-12_3p.pdf

1) http://www.chiefjudgesmith.com/18responses/overview62p.pdf

http://www.chiefjudgesmith.com/18responses/Received9-25-12_11p.pdf

1) http://www.chiefjudgesmith.com/18responses/1-545820-23p.pdf
2) http://www.chiefjudgesmith.com/18responses/2-bk467p191-8p.pdf
3) http://www.chiefjudgesmith.com/18responses/3-blueprint4p.pdf
4) http://www.chiefjudgesmith.com/18responses/4-canweconnectthedots2p.pdf
5) http://www.chiefjudgesmith.com/18responses/5-codeofconduct18p.pdf
6) http://www.chiefjudgesmith.com/18responses/6-commitments-Individually8p.pdf
7) http://www.chiefjudgesmith.com/18responses/7-compute-tax-test35p.pdf
8) http://www.chiefjudgesmith.com/18responses/8-exceptions1994disappeared.pdf
9) http://www.chiefjudgesmith.com/18responses/9-exceptions2000disappeared.pdf
10) http://www.chiefjudgesmith.com/18responses/10-overview72p.pdf
11) http://www.chiefjudgesmith.com/18responses/11-percentages12p.pdf
12) http://www.chiefjudgesmith.com/18responses/12-precedence17p.pdf
13) http://www.chiefjudgesmith.com/18responses/13-tax-records94p.pdf
14) http://www.chiefjudgesmith.com/18responses/14-trust-deed-invisible175p.pdf
15) http://www.chiefjudgesmith.com/18responses/15-trust-documents42p.pdf
16) http://www.chiefjudgesmith.com/18responses/16-unknown14p.pdf
17) http://www.chiefjudgesmith.com/18responses/17-usingIRS15p.pdf
http://www.chiefjudgesmith.com/18responses/all-18responses714p.pdf
http://www.chiefjudgesmith.com/18responses/disappeared.html

VIRGINIA:
IN THE CIRCUIT COURT OF FAIRFAX COUNTY
JEAN MARY O'CONNELL NADER, Plantiff
v
ANTHONY MINER O'CONNELL,
Individually and in his capacity as
Trustee under a Land Trust Agreement
Dated October 16, 1992 and as
Trustee under the Last Will and
Testament of Harold A. O'Connell, et al.
Defendants. .
Case No. 2012-13064
ORDER
THIS CAUSE eame on.to be heard upon the motion of the Plaintiff, Jean Mary
O'Connell Nader, by counsel, for summary judgment pursuant to Va. Sup. Ct. Rule 3:20; upon
the reply to the motion filed by Sheila Ann O'Connell, pro se; and upon the argument of counsel;
and
IT APPEARING TO THE COURT as follows:
1. The material facts set forth in the Complaint filed by Plaintiff in this action are deemed to be admitted by Defendant Anthony M. O'Connell pursuant to Va. Sup. Ct. Rule 1:4(e);- based on the failure of Defendant Anthony M. O'Connell to deny such facts in the responsive pleading filed by him, entitled "Response to Summons Served on September 8, 2012.
2. In her Answer to the Complaint and Reply to Motion for Summary Judgment, the
remaining party-in~interest, Defendant Sheila Aim O'Connell, agrees with the facts set forth in
the Complaint and the relief requested by Plaintiff.
3. Because there are no material facts in dispute in this action  and the facts alleged
in the Complaint support the relief requested therein, summary judgment pursuant to Va. Sup.
Ct. Rule. 3:20 on all counts IUleged in Plaintiffs Complaint is appropriate.
IT IS THEREFORE ORDERED:
A. That judgment in favor of Plaintiff Jean Mary O'ConnellNader as to Count lof
the Complaint be, and hereby is, granted; that Anthony Miner O'Connell is hereby removed as
trustee under the Land Trust Agreement dated October 16, 1992, pursuant to Va. Code § ·64.21405
(formerly Va. Code § 26-48), effective immediately; and that all fees payable to Anthony
Minor O'Connell under the terms ofthe Land Trust Agreement, including'but not limited to, the
trustee's compensation under paragraph 9~01, and aU interest on advancements by the trustee to .
the trust for payment ofreal estate taxes pursuant to paragraph 9.03; are hereby disallowed and
deemed forfeited;
B.'That judgment in favor ofPlaintiffJean Mary O'Connell Nader as to Count II of
the Complaint be, and hereby is,granted; that Anthony Minor O'Connell is hereby reD;1oved as
trustee of the trust created under the Last Will and Testament of Harold A. O'Connell, pursuant
to Va. Code § 64.2:-759 (formerly Va. Code § 55-547.06), effective immediately;
C. That judgment in favor ofPlaiIitiffas to Count III ofthe Complaint be, and
hereby is, granted; that PlaintiffJean Mary O'Connell Nader is he~by appointed as successor
trustee under the Land Trust Agreement and as trustee ofthe trust under the Last Will and
Testament ofHarold A. O'Connell; that the term ofthe Land Trust Agreementis hereby
continued until further Order of this Court or until the real property held under the Land Trust is
sold and final distribution of the net prbceedsis made to the trust's beneficiaries, whichever
occurs first; and that Plaintiff, as successor trustee Under the Land Trust Agreement, shall
proceed forthwith to sell the real property held by such trust as soon as reasonably practicable
upon such terms and conditions as she deems appropriate and consistent with her fiduciary
duties; and
D. That Plaintiff is hereby awarded wonable attorney's fees and costs in this
action in the amount of $ l7,504.12, to be paid from the Land Trust at such time as funds
become available.
ENTERED this 25th day of January, 2013.
I ASK FOR THIS:
BLANKINGSHIP & KEITH, P. C.·
4020 University Drive .
Suite 300
Fairfax, VA 22030
703~691-1235
FAX: 703-691-3913
By:
Elizabeth Chichester Morrogh, VSB No. 25112
BVMorrogh@bklawva.com
Jennifer L. McCammon, VSB No. 77034
JMcCammon@bklawva.com
Counsel for Plaintiff
A copy teste:
John T. Frey, Clerk
By: ? ? ? ? ? Deputy Clerk
Date: 1-25-2013
Original retained in the office of
the Clerk of the Circuit Court of
Fairfax County, Vlrginia

 

 

ACCOUNTING

To see if Chief Judge Smith took away my livilhood (Accotink) and my farm for my trying to expose the accounting at bk467p191, try to expose the accounting at bk467p191.




http://www.659trail.com 
http://www.alexandriavirginia15acres.com   
http://www.book467page191money.com              
http://www.book8307page1446deed.com   
http://www.canweconnectthedots.com         
http://www.canwelookattheevidence.com 
http://www.chiefjudgesmith.com  
http://www.chiefjudgetrumbo.com
http://www.farm139.com
http://www.fbispringfield.com
http://www.followthetrails.com
http://www.followthetrails2013.com
http://www.inreharoldaoconnell.com
http://www.judgesfairfaxcounty.com      
http://www.removethesecrecy.com  
http://www.stoppedmedicine.com     
http://www.tucsonva.com 
http://www.unknownlien.com