Stock

Approximately 2/3 of the items at Bk467p191 are stock. Done of the trails for the stock can be exposed.

Visit to stockbroker's office

The following is from my 1997 book, page 475, item 6:
" Strange office visit. I thibnk it was just after my three letters asking for the stock history, and realing that I was probable not going to get it through the lawyer, that I went to the stockbroker's office to try to find out about the stocks. The Stockbroker was very nervousand initially would not talk to me.. The first thing she did was telephone the lawyer. Then she talked to me. Then she talked to me. I did not learn much about the stocks. When I was leaving, she volunteered (and I do not remember the exact words) that I was not to come back because she was not going to become a stock broker anymore. I looked at her questionaly, and she said (and again I do not remember the exact words) that she was not going to work for A. G. Edwards anymore. She was very nervous. At the time I assumed she was having a very bad day"

Part 1
Can't expose trails

1992.09.08 (Estimated)   (Jean Nader to Anthony O'Connell, in part)
"When the IRS appraisal comes, we will decide how to divide A. G. Edwards - any ideas?

1993.11.03   (Anthony O'Connell to Jesse Wilson, Allison May, Jean Nader and Edward White, copy to Sheila O'Connell and E. A. Prichard, in part)
"If Mr. White would allow Ms. May to give each beneficiary the status of the stock portfolio at mother's death, on 9/15/91, and at present, with an explanation of what happened in between, and at what cost, I believe each beneficiary could pick the stocks of their choice, and all the beneficiaries would benefit.

1993.11.06   (Anthony O'Connell to Jesse Wilson, Alison May, Jean Nader, Edward White, copy to Sheila O'Connell and E. A. Prichard, in part)
"If Mr. White would allow Ms. May to give each beneficiary the status of the stock portfolio at mother's death, on 9/15/91, and at present, with an explanation of what happened in between, and at what cost, I believe each beneficiary could pick the stocks of their choice, and all the beneficiaries would benefit."

1993.11.08   Certified (Anthony O'Connell to Judge Bruce Bach, copy to Jesse Wilson, Jean Nader, Sheila O'Connell, E. A. Prichard, Allison May and Edward White, in part)
"If Mr. White, the co-executor, would allow the stock broker in charge, Ms. Alison M. May, to give each beneficiary, the status of the stock portfolio at our mother's death, on 9/15/91, at a present, with an explanation of what happened in between, and at what cost, I believe each beneficiary could pick the stocks of their choice, and all the beneficiaries would benefit."

1993.11.08   (Edward White to E. A. Prichard, copy to Jean Nader, in part)
"It will not be necessary for Mr. White to "allow" Mrs. May to do this act."

Part 2
Using innocent to ask beneficiaries to chose stock is turned into confusion and conflict

1992.09.08 (Estimated)   (Jean Nader to Anthony O'Connell, in part)
"When the IRS appraisal comes, we will decide how to divide A. G. Edwards - any ideas?"

1993.11.03   (Anthony O'Connell to Jesse Wilson, Allison May, Jean Nader and Edward White, copy to Sheila O'Connell and E. A. Prichard)
"Yesterday, Mr. Prichard told me that Mr. White was going to sell my 1/3 share of the stocks before distribution, and that he was going to make distribution in the next few weeks.
Because I do not know what has been done with the stocks in the one and one half years or so since Jean and I first talked about them, and because of the secrecy of what Mr. White has been doing (enclosures), I feel the only fair way to distribute them is by 1/3 of each stock going to each beneficiary. This is unfortunate, but under the circumstances, the only fair way.
In short, I request that my 113 share of the stocks be distributed to me in stock certificate form, and that it be 1/3 of each stock or bond in the estate.
If Mr. White would allow Ms. May to give each beneficiary the status of the stock portfolio at mother's death, on 9/15/91, and at present, with an explanation of what happened in between, and at what cost, I believe each beneficiary could pick the stocks of their choice, and all the beneficiaries would benefit."
Sincerely, Anthony O'Connell "

1993.11.05   (Anthony O'Connell to E, A, Prichard, in part)
"If I have approved the Order of Distribution, by not responding to the Show Cause, and Mr. White has a year and a half old letter from me, saying I would like my stock in cash, do you think Mr. White thinks he has locked me into taking my stock in cash?"

1993.11.05   (Edward White to E. A. Prichard, in part)
"Mr. O'Connell had expressed the desire to be paid in cash, but now has stated to Mrs. Nader that he desires to have the stocks and funds distributed to him."

1993.11.06   (Anthony O'Connell to Jesse Wilson, Alison May, Jean Nader, Edward White, copy to Sheila O'Connell and E. A. Prichard, in part)
"In rereading my 11/3/93 letter to you this morning, I realized I had misquoted Mr. Prichard. I wrote:
"Yesterday, Mr. Prichard told me that Mr. White was going to sell my 1/3 share of the stocks before distribution, and that he was going to make distribution in the next few weeks."
In reflecting back, I understood Mr. Prichard to understand, that Mr. White had a letter from me: saying I wanted my 1/3 share of the stocks in cash, and Mr. White was going to make distribution in the next few weeks. This was my mistake. ///
I request that my 1/3 share of the stocks be distributed to me in kind, that it be 1/3 of each stock or bond in the estate, and that I be allowed to take physical possession of the certificates."

1993.11.08   (Edward White to E. A. Prichard, copy to Jean Nader, in part)
"The stock is not Mr. O'Connell's; it is registered in the name of the estate. It will not be available for picking and choosing"

1993.11.08   Certified (Anthony O'Connell to Judge Bruce Bach, copy to Jesse Wilson, Jean Nader, Sheila O'Connell, E. A. Prichard, Allison May and Edward White, in part)
"The Order Of Distribution you signed on 10/29/93 states that I be distributed 1 / 3 of the residue.
I respectfully request' that 1 / 3 of the stocks in the estate, be distributed to me in kind, and that it be 1 / 3 of each stock or bond in the estate."

1993.11.12   (Edward White to Judge Bach, copies to Jean Nader and E. A. Prichard, in part)
"Mr. O'Connell long ago was offered and in-kind distribution and rejected it. When he changed his mind, he was told that an in-kind distribution would be made. He had been told that prior to his letter to you. The distribution is in progress in the form in which he desires (barring a further change of mind). The status of the brokerage accounts has been mailed to his counsel and were at all times available had he requested them. His letter is of course contradictory in that it asks first for 1/3 of each stock and then requests the privilege of picking and choosing stocks of his choice.
/// The form of the distribution is not his prerogative to dictate (though here he knew it would be that which he desired)."

Correspondence

1992.09.08 (Estimated)   (Jean Nader to Anthony O'Connell)
"Hi, Enclosed is most of the remaining cash in the estate.
Income tax copies are also on the way to you -
When the IRS appraisal comes, we will decide how to divide A. G. Edwards - any ideas?
Went to N York to see a few days of the tennis Open - great fun -
Good luck with your bull dozer engine - I enjoyed your letter! Love Jean"

1993.11.03   (Anthony O'Connell to Jesse Wilson, Allison May, Jean Nader and Edward White) (Copy to Sheila O'Connell and E. A. Prichard)
"Yesterday, Mr. Prichard told me that Mr. White was going to sell my 1/3 share of the stocks before distribution, and that he was going to make distribution in the next few weeks.
Because I do not know what has been done with the stocks in the one and one half years or so since Jean and I first talked about them, and because of the secrecy of what Mr. White has been doing (enclosures), I feel the only fair way to distribute them is by 1/3 of each stock going to each beneficiary. This is unfortunate, but under the circumstances, the only fair way.
In short, I request that my 113 share of the stocks be distributed to me in stock certificate form, and that it be 113 of each stock or bond in the estate.
If Mr. White would allow Ms. May to give each beneficiary the status of the stock portfolio at mother's death, on 9/15/91, and at present, with an explanation of what happened in between, and at what cost, I believe each beneficiary could pick the stocks of their choice, and all the beneficiaries would benefit.
Sincerely, Anthony O'Connell "

1993.11.05   (Anthony O'Connell to E, A, Prichard)
"Sorry to bother you again. The secrecy of the Show Cause still has me wondering, and perhaps paranoid. So, I thought of a possibility:
If I have approved the Order of Distribution, by not responding to the Show Cause, and Mr. White has a year and a half old letter from me, saying I would like my stock in cash, do you think Mr. White thinks he has locked me into taking my stock in cash?
This is petty compared to what I feel, is the inevitable disintegration of Accotink. Mr. White smells a fee here, and he will convince my sister, Jean Nader, to pull out of the agreement, and give him some control. I would pull out of the agreement, if I were her, and I believed 1/10 of Mr. Whites attacks on my credibility. She believes Mr. White, and I know, after trying for eight years, I can't change her mind.
Thank you for sticking this out with me. I know you will be glad when this is over.
Yours truly, Anthony O'Connell "

1993.11.05   (Edward White to E. A. Prichard)
"On October 29, 1993, Judge Bach entered the Order of Distribution, a copy of which is enclosed.
I am also enclosing the full financial history of the estate including receipts and disbursements from which the final accounting will be prepared, as well as the statements from A. G. Edwards and the mutual funds which will give the approximate value of the assets on hand.
Mr. O'Connell had expressed the desire to be paid in cash, but now has stated to Mrs. Nader that he desires to have the stocks and funds distributed to him. His sisters also desire an in kind distribution. As long as all three want the same thing, I have no problem with in kind or cash distribution.
The commission requested will be 5% of the assets and income received by the estate. Items upon which no commission is due are noted in the Receipts listing. Mrs. Nader has stated that she does not want a commission. Since we took a deduction for the full 5% commission on the 706 and saved money thereby, Mrs. Nader is going to split her share three ways less the income tax which she will pay on it.
The second fiduciary return will be ready next week and copies will be distributed as soon as I receive it.
I wish I could end this letter at this point, but there are some other matters which I did not think would arise after Mr. O'Connell's civil tone in his letter of June 30 and my reply.
Enclosed is a copy of Mr. O'Connell's letter to the Commissioner of October 25, 1993. (Earlier he had written the Commissioner requesting that I be denied reimbursement from the estate for expenses in defending myself from his charge to the Bar. I wrote Jesse Wilson that I never entertained seeking such payment. ) On October 27, 1993, I wrote Jesse and told him that you were representing Mr. O'Connell or at least advising him.
Next, I was informed by Mrs. Nader last week that Mr. O'Connell has demanded that we be bonded. The will flatly states otherwise and to do so would be in violation of our office.
I will admit that I am furious about this continual petty harassment. From inception of this estate including the time that his sisters gave him the vehicle and I merely asked for a receipt so that a proper accounting might be filed, Mr. O'Connell has tried one stunt after another to disrupt the flow of administration, notwithstanding my repeated attempts to calm him down.
I am including Mr. O'Connell's complaint to the Virginia State Bar and the Bar's reply. I have omitted the 44 pages of enclosures he filed. His outright malicious lies about me (Page 7: "to deliberately mislead a seventy-nine year old woman", "abuse of the fiduciary trust" and "license to steal") in his complaint to the Bar are unforgivable and most decidedly actionable. In this regard please inform him that I would accept a full written apology for these remarks and let the matter drop even though no one has ever made such a statement about me.
I am fully aware of the root cause of all of this; however, it is not my fault that Miss Jo Ann Barnes refused to serve as a Co- Executor with Mr. O'Connell or that his mother came to me and directed his removal from that clause of the will.
I would fervently pray that he be counseled insofar as possible to let this estate be wound up in a normal fashion. He does not have to like me; he needs only to get off my back.
I assume that if he does not let matters drop, the next step will be to try and deny all or part of the commission due. I have spent well over 110 hours in this case without any payment of any sort and will most certainly expect to be paid the customary commission (2 1/2%) which I have explained to Mr. O'Connell in the past, provided it is approved by the Commissioner.
Sincerely, Edward J. White"

1993.11.06   (Anthony O'Connell to Jesse Wilson, Alison May, Jean Nader, Edward White)  (Copy to Sheila O'Connell and E. A. Prichard)
"In rereading my 11/3/93 letter to you this morning, I realized I had misquoted Mr. Prichard. I wrote:
"Yesterday, Mr. Prichard told me that Mr. White was going to sell my 1/3 share of the stocks before distribution, and that he was going to make distribution in the next few weeks."
In reflecting back, I understood Mr. Prichard to understand, that Mr. White had a letter from me: saying I wanted my 1/3 share of the stocks in cash, and Mr. White was going to make distribution in the next few weeks. This was my mistake. Please accept my apologies, and I ask this especially of Mr. Prichard.
I believe the conclusion is the same. My urgency in getting out that11/3/93 letter, was not diminished by discovering on that same day, Mr. White's Show Cause Against Distribution, and his Order of Distribution, of 10/29/93, had come and gone, because neither I, nor I believe, Mr. Prichard, was notified before hand. I would appreciate Mr. White telling me, in his opinion, as to whether my letter of perhaps a year and a half ago (I could not find a copy and don't remember the letter), coupled with his Show Cause Against Distribution, and Order of Distribution, is basis for him to sell the stock against my wishes.
I request that my 1/3 share of the stocks be distributed to me in kind, that it be 1/3 of each stock or bond in the estate, and that I be allowed to take physical possession of the certificates.
If Mr. White would allow Ms. May to give each beneficiary the status of the stock portfolio at mother's death, on 9/15/91, and at present, with an explanation of what happened in between, and at what cost, I believe each beneficiary could pick the stocks of their choice, and all the beneficiaries would benefit.
Sincerely, Anthony O'Connell "

1993.11.08   (Edward White to E. A. Prichard, copy to Jean Nader)
"I have just received Mr. O'Connell's letter of November 6. It certainly is not the first time he has had to apologize. Fortunately I did not get his letter of November 3, though Mrs. Nader told me about it with the usual result upon my disposition, but then I assume that is his intent.
I have never had any intention of making any distribution involving the stock and mutual funds without his input. Obviously the estate has the power to sell, and we did sell the Signet stock on the advice of the broker. (Henry Thomas has always advised selling all stock as a matter of fact. ) The stock is not Mr. O'Connell's; it is registered in the name of the estate. It will not be available for picking and choosing.
As soon as I can prepare letters from the Co-Executor's to the various funds we will transfer the accounts to the beneficiary's names. I will send you a W-9 which will have to be signed by Mr. O'Connell for each account. Since the estate must have cash, I plan to sell the Washington Gas Light Co. stock and the Nuveen Fund on the advice of Mrs. Allison May at A. 0. Edwards. If you think other funds instead should be sold, let me know.
I am enclosing copies of all the accounts' activities since the date of death. The 1993 pages for the funds were sent in my last letter. It will not be necessary for Mr. White to "allow" Mrs. May to do this act. The only charge I can see other than the transfer fees, is the $197.05 commission on the sale of the Signet stock, which netted a gain to the estate of $5544.95 (a 128% gain in 15 months). Of course some of these transactions were filed in the first accounting to which Mr. O'Connell voiced no objections. The rest will be reflected in the second and final accounting.
As to promulgation of information is concerned, I have written numerous letters to Mrs. Nader in the course of administration.  She has informed me that to the best of her knowledge, she has sent each of them to Mr. O'Connell. Maybe he should share fact that with his distribution list.
Please forgive the fact that I am obviously taking out a great degree of umbrage on you. Prom day one I have been on the receiving end of snide innuendo reflecting upon my honesty and ability. Even though I realize fully that most of it is based upon little or no knowledge and much jumping to conclusions, it finally has an effect. Frankly, when I heard that you were becoming involved in this, I was delighted and remain so.
Sincerely, Edward J. White"

1993.11.08   Certified (Anthony O'Connell to Judge Bruce Bach) (Copy to Jesse Wilson, Jean Nader, Sheila O'Connell, E. A. Prichard, Allison May and Edward White)
The Order Of Distribution you signed on 10/29/93 states that I be distributed 1 / 3 of the residue.
I respectfully request' that 1 / 3 of the stocks in the estate, be distributed to me in kind, and that it be 1 / 3 of each stock or bond in the estate.
If Mr. White, the co-executor, would allow the stock broker in charge, Ms. Alison M. May, to give each beneficiary, the status of the stock portfolio at our mother's death, on 9/15/91, at a present, with an explanation of what happened in between, and at what cost, I believe each beneficiary could pick the stocks of their choice, and all the beneficiaries would benefit.
I realize 10/29/93 has past. I ask you this now because I could not get the necessary information concerning the Show Cause Order Of Distribution beforehand, and I did not find out about the 10/29/93 Order Of Distribution until 11/2/93 (enclosures).
If I understand correctly, Mr. Edgar A. Prichard, of McGuire Woods Battle & Boo the, (703 712-5000), believes a beneficiary of the estate has 21 days to respond to the signed order, if the beneficiary had not been given written notice. If I misinterpreted Mr. Prichard, the mistake is mine. As you can see from the fiduciary file, neither I, nor I believe Mr. Prichard, was given notice.
Sincerely, Anthony O'Connell "

1993.11.12   (Edward White to Judge Bach, copies to Jean Nader and E. A. Prichard)
"Today I received a copy of a letter to you from one Anthony M. O'Connell.
Due to a personal vendetta with me, Mr. O'Connell, obviously without the sanction of his counsel, has decided to voice any conceivable complaint possible about the administration of his mother's estate by his sister and myself. All of his efforts have been rebuffed.
Mr. O'Connell long ago was offered and in-kind distribution and rejected it. When he changed his mind, he was told that an in-kind distribution would be made. He had been told that prior to his letter to you. The distribution is in progress in the form in which he desires (barring a further change of mind). The status of the brokerage accounts has been mailed to his counsel and were at all times available had he requested them. His letter is of course contradictory in that it asks first for 1/3 of each stock and then requests the privilege of picking and choosing stocks of his choice.
The Show Cause and Order of Distribution procedure is a pro forma matter for the benefits of creditors and Mr. O'Connell is not entitled to notice unless he is a creditor. The form of the distribution is not his prerogative to dictate (though here he knew it would be that which he desired). If Mr. O'Connell really wishes to delay the distribution for about seven weeks while I recover from surgery to be performed next week, I would agree. I do have the distinct feeling that the other heirs might not be happy with that action on his part.
Sincerely, Edward J. White"