Anthony O'Connell
|
| 3/18/88 | Draft note & trust | ||
| 4/6 | PC | ||
| 4/11 | PC | ||
| 4/14 | PC atty negotiation & redraft LDPC St. Louis | ||
| 4/15 | Redrafting | ||
| 4/16 | Redrafting, PC, Exp mail | ||
| 4/18 | PC | ||
| 4/19 | Redrafting | ||
| 4/20 | OV A. O'CONNELL | ||
| 4/20 | PC's redrafts | ||
| 4/21 | Settlement | ||
Far more more damaging to me than the usurped sale has been Mr. White's
more than seven years of defamatory and divisive statements,
preying on the uncertainties of my family. He continues this with
letters referencing your "no basis in fact" approval.
This is very important to me. Please allow me a hearing within the
safety of the system as I risk being sued if I ask for help
elsewhere.
Enclosures:
(1) Mr. White's bills for services rendered for my sale
(2) List of my unreturned telephone calls to Mr. White. I suggest
that Mr. White thought I though he was representing me at
closing."
1993.10.02 (Anthony
O'Connell
to Sheila
O'Connell)
"Thank you for your telephone messages.
Until Mr. White has no connection or influence in our family, would you be willing to put whatever you have to say to me in writing? I ask you this because I know of no other way to minimize misunderstanding and to preserve what remains of the fabric of our family.
Love,"
1993.10.25 (Anthony
O'Connell
to Jesse Wilson) (Copy to Edward White)
"Mr. Ed White is co-executor of the above estate, and I am a beneficiary. Mr. White has made it clear that he will not communicate with me. Would you be willing to ask him some questions?
1. Mr. White tells my sister:
"In the event that we do seek a reduction in the assessment Tony will be given written notice that his prompt cooperation is necessary and that if he fails to cooperate that he is aware of the adverse consequences to the estate and is responsible for them".
Why does Mr. White think I am responsible for adjusting the basis of real property in the estate? The trust's basis in a portion of this same property does not change.
2. Mr. White tells my sister:
"As a matter of fact I am precluded as an attorney from dealing with an adverse party who is represented by counsel".
What did I do, in Mr. White's opinion, to qualify as an adverse party?
3. Mr. White tells my sister:
"I can only say that had I not been adamant about re-valuing the Accotink property, Mr. O'Connell 's initial approach would have cost this estate dearly".
What initial approach, or any approach that "would have cost this estate dearly", is Mr. White talking about?
4. Mr. White tells my sister:
"In order to file that return and the subsequent Fiduciary Income tax return we will need an accounting from Tony from the date of his last accounting to the date of death. If he does not want to prepare it, I will seek your approval to file suit against him to compel the accounting, plus damages to the estate for his delay. Since that trust terminated on your mother's death, his final accounting is due now and not in October".
What accounting is he talking about? On 4/21/92 I sent Mr. White "a check from the trust to the estate of Jean O'Connell for $1,475.97. The amount of $1,475.97 is the balance of the net income due Jean O'Connell for the period 1/1/91 to her death on 9/15/91". Is something other than this required?
I believe Mr. White telling my sister that the trust terminated on my mother's death led my sister to tell me things such as:
"Since the trust was supposed to terminate on Mother's death, the $2,000.00 for the appraisal should be paid to the beneficiaries, not to the trust. The checks from Sheila and me can then be paid back to you".
Would does this mean?
5. Mr. White tells my sister:
"I have been continuously burned in making gratuitous comments about the tax liability of the heirs, and counsel and other attorney friends have stated to me, that given the performance of Mr. O'Connell, that I should make no comment at all".
Is Mr. White referring to my enclosed letter of 1/26/93, or what 1, performance" is he talking about? Would Mr. White please tell the beneficiaries, within this calender year, for their personal financial planning in tax year 1993, what portion of the $33,000.00 distribution made on 9/15/92 will be taxable to them?
6. What is Mr. White's best estimate of the remaining assets in the estate available for distribution?
Commissioner Wilson, I would appreciate any information you would be willing to make available.
Sincerely, Anthony
O'Connell
"
1993.10.31 (Anthony
O'Connell
to Jean Nader) (Copy to Sheila O'Connell)
"As you know, you and Mr. White are serving without bond as co-executors of mother's estate.
Would you please get bonded as soon as possible in order to protect our inheritance? I can not stress the importance or urgency, of getting bonded, enough. In the event that Mr. White will attempt to talk you out of it, I hope you will persevere.
Sincerely, Tony"
1993.10.31 (Anthony
O'Connell
to Jesse Wilson) (Copy to Virginia State Bar)
"Mr. White states in his 7/28/93 letter to you:
"As far as the estate is concerned, I wrote Mr. O'Connell long ago and explained that the co-executor's commission is 2 ½ % of the receipts of the estate subject to the approval by the Commissioner. I have never entertained the idea of submitting any personal expenses for estate matters. There are other ways to deal with that problem. Rest assured that my time in this case is fully documented."
I believe Mr. White's 2 ½ % commission comment is misleading. I think we all understand the great majority of expenses are taken beyond the 2 112% commission.
I thought Mr. White might have entertained the idea of submitting this personal expense to the estate when he told my sister, Jean Nader, who is co-executor (enclosures 1):
1. That she was "more or less involved in Complaint Number 3 which deals with the estate" (This propensity to use my sister to cover himself, and to try to set me up against her, was part of my complaint).
2. That the counsel Mr. White employed, Mr. Rosenfeld, ".. is one of the foremost ethics specialists in the state".
3. That "This matter will be contested in every aspect".
4. If she would be willing to sign a draft letter and get involved.
5. Nothing to the contrary about charging this expense to the estate was said until his 7/28/93 letter to you. Even five days after this, on 8/2/93, I believe Mr. White still evades
the issue by telling Mr. Prichard "I do not make any charges to estates until they are closed and have not received a penny of commission or expenses from this estate (enclosure 2).
Mr. White is correct that my complaint to the Virginia State Bar was dismissed as having "no basis in fact". For example, after meeting with Mr. White's attorney, the Virginia State Bar investigator was:
"firmly convinced that Mr. White took no part in that (sale) transaction other than to perhaps provide informal legal advice to your mother. Your letter of December 28, 1987 is insufficient as a matter to law to establish an attorney-client relationship unless there is some evidence that Mr. White did in fact undertake to handle the closing."
I believe Mr. White's bills for "draft note & trust" and "negotiation & redraft", etc., one with his initials, is evidence that Mr. White took part in that transaction (enclosure 3).
In defense of the Virginia State Bar investigator, after my eight years of practice, in trying to see through Mr. White's innuendoes and insinuations, that make me appear guilty of some serious but undefined thing, my first reaction upon reading them is still, "My God, I must have done something awful". I still have to run through the facts, to verify in my own mind, that I have done nothing wrong.
For example, Mr. White says "Rest assured that my time in this case is fully documented". I am the one, not Mr. White, who after much time and effort, had to resort to writing the Commissioner of Accounts to get resolution on this one issue. I had to do it, because Mr. White would not give me the information.
Mr. White says that you and he have known each other professionally and socially for a long time. I am not a part of the network. I hope what I present here is relevant and speaks for itself.
All my statements in this document are my own personal opinion.
Sincerely, Anthony
O'Connell
"
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
"
1993.11.04 (Anthony
O'Connell
to E. A. Prichard)
"Thank you for seeing me on Tuesday, and thank you for directing me to the courthouse.
The enclosed show cause against distribution and order of distribution are copies from the file, signed by Judge Bruce Bach. The other contents of the file were: The First Accounting for the period 9/15/91 to 9/15/92 The Inventory of the estate The newspaper clipping showing the notice was printed for, I believe, two weeks.
There was nothing written any where, on any piece of paper, about notifying any of the three beneficiaries.
As I understand it, that on the surface, the significance of this order is only to make sure there are no other potential beneficiaries out there, and with the previous debts and demands, no creditors.
But, because I got no notice (even after I asked for information about it in August), and you apparently got no notice, this atmosphere of secrecy concerned me, in that there might be some underlying reason why Mr. White did not want us to know in time. If you know of no underlying reason, but only that surface reason, I know of no reason to object to anything. I feel certain you would tell me, if there was some underlying significance, here.
I just thought of something, perhaps it is just paranoia. If Mr. White is now protected from all debts and demands, and the distribution, does that mean he has protected himself from his own out of pocket expenses because of his mistakes? For instance, two years in a row, Mr. White did not realize the capital gains from the Lynch sale, an instalment sale, was taxable. This amounted to about $495,000.00. When I discovered it the first year, and told him about $98,000 should have been added as capital gain, amended returns were required (1991 federal and state income, 1/1/91- 9/15/93).
The second year, in casual conversation with my sister around November, 1992, it dawned on me that White again did not realize the capital gain was taxable, this time for about $397,000. (I will be happy to send you the documentation). I understand any CPA firm that screws up like that automatically pays the IRS out of their own pocket, for penalties and interst incurred, because they were responsible for it, and they caused it. I feel White should pay for that. The point I was trying to make is, is Mr. White now protected from the financial damage caused by this neglect? Or, is this still within Mr. Wilson's approval/disapproval?
Two years in a row, to me, is negligence. If I was a fiduciary, and someone saved me from a mistake like that, I would be thankful. But Mr. White tells my sister (2/2/93):
"I have been continuosly burned in making gratuitous comments about the tax liability of the hiers, and councel and other attorney friends have stated to me, that given the performance of Mr. O'Connell, that I should make no comment at all"
My sister believes Mr. White.
What is so incredible scary to me is that lack of concern for the beneficiaries financial interest, and I am painted as the bad guy for trying to find out what he is doing.
I have no plans to write the Bar again, or any public official, except the Commissioner of Accounts. My goal is to try to recover my credibility with my sisters, for Accotink, if no other. Perhaps it is already too late. I am not sure how I will be able to do it, except write them, with a copy to Commissioner Wilson. I feel some public official has to put there approval, or lack of denial, on what I say, in order for my sisters to believe me over Mr. White.
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
"
1993.11.06 (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 (Anthony
O'Connell
to Ken Sanders)
"Would you be willing to go over the enclosed "Draft" letter to Jean
& Sheila, and let me know how I can send it, minimizing getting sued by Mr. White? Would you be willing to read, as much as you can stand, the enclosed "White screw up Accotink" draft to see if there is any information I could use that would prevent him from doing that? It is incoherent, non-objective, and the best I could do. The other two enclosures,(l) State Bar complaint & rely, and large stack with rubber band, are informational, and, I guess, for the same purpose.
I'll drop by later and pick this stuff up. Thank you.
Sincerely, Anthony
O'Connell
"
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 & Boothe, (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
"
1993.11.22 (Anthony
O'Connell
to Jean Nader) (Copy to Sheila O'Connell)
"I think what has happened, is tragic.
If you believe even a portion of what Mr. White has been telling you about me, our relationship, and my credibility in your eyes, is destroyed. I say this not out of hurt (although it hurts very much) or revenge, but from common sense.
Would you want a relationship, with anyone, who thought you were guilty, of the.thing6 of which Mr. White accuses me? Would you even want a relationship with the children of that person, knowing the children's source of belief? If you think about it, you know the truth is, you would not.
The only reasonable solution I can suggest is that you write the Commissioner of Accounts and tell him anything and everything you think I have done wrong. The Commissioner knows what is proper and what is not. If you send me a copy, I could respond with documentation. The address is:
The Honorable Wilson III Commissioner of Accounts
[Editor's note: For some unknown reason Anthony
O'Connell
did not furnish the complete address here]
I believe Accotink and out relationship depends on whether you are willing to address the facts.
Sincerely, Anthony
O'Connell
"
1993.11.26 (Anthony
O'Connell
to Edward Prichard)
"Thank you for your kind letter.
You mentioned that Mr. White plans to wind up the estate by January one so that it will not be necessary to file an accounting or pay a tax next year. Last year the estate fiduciary's return (Form 1041) covered the period 9/15/91 to 8/31/92. Unless Mr. White has since changed the accounting period, the estate's tax year ended 8/31/93, and his K-1 to the beneficiaries is due them by 12/15/93. I would like to know what portion of the $33,000.00 distribution made to the beneficiaries on 9/15/92 is tasxable. So--, I don't understand Mr. White's January one thing.
You write that you hope I will find occassion to speak to my sisters face to face, and that you believe that would be more effective than all the letters I can write. I am sure you are right in 99.99% of the cases, but I feel like the repair shop in Alexandria that spent $100,000 in legal fees to win a $1 judgement against the TV program, 60 minutes, for defamation, and was happy about it. After eight years of Mr. White, I've found the only way I can defend myself is expose him to public officials for what he is. I know I will lose, but this time I won't lose by not defending myself.
Under Mr. White influence, my relationship with my mother, and now my sister, his been basically destroyed. My crime has been asking for information. That is not right.
I know you do not haver to put up with a client like me, who is not taking your advice. Of course I would like to continue to be able to seek your advice, but realize you have your limits, too. I am trying to say I understand if you don't want to represent me anymore.
I believe my credibility with my sisters is shot beyond repair. There is no doubt in my mind that White has broken only
[Editor's note: Page 2 of this 3 page letter is missing]
Thank you for your continuing and excellent service.
Sincerely, Anthony
O'Connell
"
1994
1994.02.08 (Anthony
O'Connell
to Jesse Wilson) (Copy to Jean Nader and Sheila O'Connell)
"The enclosed copy of a draft letter to you, from Mr. Ed White, states that I have approved an executor's commission for the above estate. This is not true.
I understand I have no authority to approve the commissions. I have nothing to say about the commissions, and respectfully request that I not be forced to do so.
Sincerely, Anthony
O'Connell
"
1994.03.02 (Anthony
O'Connell
to E. A. Prichard)
"I wish I had your skill at words and diplomacy. The only good quality I can claim, in this general area, is being straight forward.
I don't want to put you in an awkward position. I know you have advised me not to write to public officials, concerning Mr. White, but I can not do otherwise. After eight years, I know the consequences of doing nothing. Besides the probable breakup of Accotink, I am not willing to passively accept, for the rest of my life, Mr. White's destruction of my credibility in the eyes of my family. There is no evidence. After all you have done for me and my family, particularly the thousands of dollars of free legal service you have volunteered of late, I simple do not want to put you in an awkward position, even at the loss of your superb, in depth and clear legal advice.
I do want to make it clear that I am not firing you. I can not imagine how you could have helped me more. I am aware of your wonderful reputation, and consider myself very lucky that you were willing to accept me as a client:
If you want to send out a letter to Mr. White, saying you no longer represent me, I understand. In retrospect, two advantages of this would be:
1. Mr. White could not continue to write defamatory letters to you about me, with copies to my sister. I believe those letters, with their appearance of legal truths, solidify in my sisters mind that I must have done some awful, but undefined thing.
2. Mr. White could not continue to give the appearance of communicating with me by writing the above letters.
The disadvantage to me, is that I no longer have the benefit of your legal advice. I will not consciously put you in an awkward position. So, I give you permission to fire me. Of course, I hope you won't, but I feel I have exceeded the limit of what I can ask of you.
Sincerely, Anthony
O'Connell
"
1994.03.20 (Anthony
O'Connell
to Jean Nader)
"I saw the movie "Shadowlands" last night, with Anthony Hopkins and Debra Winger. Perhaps you know the story, C.S. Lewis falls in love, and his love, Debra Winger, dies of cancer. That's when Lewis realizes he loves her much more than he realized.
There was one line in the movie, which I think was one of the main points of the movie, that hit home (More like a kick in the heart). The dialogue went something like this: Someone is talking about a person they loved who had died, and that they had loved this person very much. The listener asks if this person they loved knew that.
I felt my relationship with mother was destroyed after she hired Mr. White. I was not stong enought to show her that I loved her during that time. I wish I had another chance, and not having that chance hurts the most.
I don't want to repeat that mistake with you. No matter what happens, I love you, Jean.
Love, Tony"
1994.03.21 (Anthony
O'Connell
to Jean Nader, Sheila
O'Connell)
"A copy of the Trust's Federal and State Tax return for 1993 is enclosed. I should be able to send you a copy of the ninth court accounting within the week.
In short, you have no taxable income from the trust for 1993. As of 1/1/94, $ 14,394.80 remains in the trust, in one checking account.
Helen Lynch (maiden name) dropped by with Carolyn Phlug a while back. Helen's in Boston, I think, and looked terrific. She asked me how to spell "Shedvenell". Was I correct?"
Love, Tony"
1994.03.26 (Anthony O'Connell to Jean Nader, Sheila
O'Connell)
"A copy of the ninth court accounting is enclosed.
Jean, a year or two ago I believe I sent you a handwritten (?) letter saying I wanted my share of the stocks and bonds from mother's estate in the form of cash. Would you please send me a copy of that letter? I would appreciate it.
Love, Tony"
1994.04.04 (Anthony
O'Connell
to Jean Nader, Sheila
O'Connell
, Judge Bruce Bach, Jesse Wilson) (Copy to Edward White)
"My mother, Jean O'Connell, owned 53.9006% interest, and the Trust u/w of H. A. O'Connell, owned 46.0994% interest, in 15 acres of unimproved real estate, referred to as Accotink. After mother's death, each of her three beneficiaries received a 113 interest in Accotink from her 53.9006%, and a 113 interest from the trust's 46.0994%, for a true 113 interest in 100%. Even though the beneficiaries formed a Virginia Land Trust Agreement on the property, I feel it's important that the beneficiaries trust and can depend on each other.
I believe it is fair to say, that while acting as co-executor with Mr. Ed White, my credibility, and my relationship with my sister, Jean Nader, has been destroyed (enclosure 2). My sister and I did not previously have an adversarial relationship (enclosure 1). When Mr. White represented my mother, my credibility with her, was also destroyed (enclosure 3). Please take the time to read enclosure 3. It is simple in retrospect, but it took me years to figure it out. My mother and I did not previously have an adversarial relationship.
I feel a prudent person would try to find out why their credibility gets destroyed, especially since Mr. White ends up in control of family assets.
I anticipate Mr. White being instrumental in bringing a court action against Accotink, perhaps in the form of a partition suit, after the estate is closed (Mr. White's letter of 12/11/92: "...since the land is held as tenants in common, it could be partitioned into smaller (sic) (tracts) facts ((zoning problems notwithstanding)) and either the trust or any of you could sell your interest if a buyer could be found" ........ Mr. White's letter of 2/2/93: "I can only say that had I not been adamant about re-valuing the Accotink property, Mr. O'Connell's initial approach would have cost this estate dearly" . . . . . . Please ask if you would like more evidence).
In a court action, my defense of Accotink would be my belief that Mr. White intentionally tried to setup the breakup of Accotink by attacking my credibility while he was co-fiduciary with my sister. If I failed to bring this issue up before the estate is closed, I believe it would be interpreted, by default, that the
setup did not occur, and I would have no defense.
If a fair financial return on Accotink is desired, a partition suit is one of the dumbest things a person could do.
I would like to offer some options, which you may or may not find useful, to try to avoid a court action:
1. Resolve my credibility.
Resolve, once and for all, whether I am guilty of something, or if I am I not. If I have done something wrong, I would like to know about it, and apologize. I feel it would be to the beneficiaries legal, financial and emotional advantage to do this now, before things get worse. If we can't lay everything on the table, with no secrets, I feel the beneficiaries have lost forever the opportunity to trust and enjoy each other's company.
The process is straight forward. If any one thinks I am guilty of something, tell me what it is, and what you base it on. Allow me to respond. Judge me on the facts.
I believe Jean Nader, as co-executor, is the key. Since she supports Mr. White in his allegations, usually by default, people assume his allegations to be true, since she does. If she would write the Commissioner of Accounts and tell him what she feels I am guilty of, and what she bases it on, I believe we could get resolution. I hope she would be as honest as she can, and hold nothing back. I think Jean has been very ill advised.
I believe Sheila, as a beneficiary and owner of 1 / 3 interest in Accotink, has the right, and would want to know, what's behind Mr. White's allegations. If our positions were reversed, and she invited me to ask her accuser what's behind his allegations against her, I would not hesitate.
Commissioner Wilson went out of his way in 1985 and 1986, in helping me fund the trust. I hope he would be willing to help me again, by letting me know, if he has noticed even a suggestion of wrongdoing, in my eight court accountings, or from anywhere.
Last week, President Clinton said people should "not be able to raise questions and erode people's moral authority in this country" without any specific allegation of wrongdoing. Based on the definition of fiduciary relation between executor and heir (enclosure 4), I think this would unquestionably apply to a fiduciary. I believe it was the testators wish that her designated beneficiaries would have an increase in their quality of life, not that their reputation be destroyed. I would like Mr. White to state to the Commissioner of Accounts, his specific charges against me, and his basis for them, so that I may respond.
2. Buy out.
Jean Nader or Sheila O'Connell buy out my interest in Accotink, or I buy them out.
3. Both option 1 and 2, above.
4. Do nothing.
As partially documented in Fiduciary file # 21840, I've worked on Accotink since 1986. Doing nothing is not an option for me.
5. Public exposure.
Write Congressman and other public officials until I reach someone who is willing to authorize an investigation of Mr. White. Although I may get sued, at this point, it is my best option.
6. Write the Virginia Bar
I wrote the Virginia Bar, VSB Docket #93-042-0976. The Bar's letter of 11/1/93 states: "The Code of Professional Responsibility does not proscribe defamatory statements by an attorney, and our office is not the appropriate forum to investigate or prosecute your claim. If you feel that you have been defamed or libeled by the respondent, then your remedy is to file a civil action, but a Bar complaint is not an appropriate vehicle to resolve that issue."
That takes me to option 7.
7. Sue Mr. White.
Since Jean is co-executor with Mr. White, I can't sue Mr. White without suing my sister. Not a great way to try to restore her trust and confidence in me.
8. Arbitration or Mediation
Bring the matter before an arbitration or mediation tribunal.
9. Option you may have.
Please let me know if you have some options, or if you would like to discuss any of the above.
This letter is my own personal opinion, and is an attempt to resolve a problem that has arisen in my family. If this problem is not corrected, I feel the integrity of Accotink will be destroyed. I would be happy to answer any questions, or respond to any comments, you might have.
Sincerely, Anthony
O'Connell
"
1994.06.13 (Anthony
O'Connell
to Jesse Wilson)
"I'm sure I missed the deadline by not sending the enclosed 6/8/94 before your 5/31/94 approval of the final account. Since you are probably the only one who can tell smoke from substance concerning the estate, I'm sending it anyway, rough and unfinished.
Would you please let me know whether you would be willing to make the following, part of the permanent public record?
1. I believe Mr. White got his fiduciary position here by intentionally destroying my credibility before my mother while I was trying to fund the Trust (Fiduciary # 21840) established by my father's Will (My 4/4/94 to you and others).
2. I believe Mr. White has used his fiduciary position here to intentionally destroy my reputation and my relationship with my sister (Jean Nader, the other co-executor), with the intent of generating another fee for himself through the forced sale of real estate, in which all the beneficiaries of this estate have an interest (Accotink).
3. For the reasons given in the enclosed rough draft of 6/12/94, I do not approve of Mr. White's final account or for what he has done.
Thank you for your time and help.
Sincerely, Anthony
O'Connell
"
1994.06.13 (Anthony
O'Connell
to Judge Bruce Bach)
"I believe Mr. Ed White, co-executor of the above estate, will use your 10/29/93 Order of Distribution to make it appear that I approved by default, the final court accounting and what he has done as co-executor.
I believe the enclosures show Mr. White intentionally kept the Order of Distribution a secret from me until after it was too late for me to appear before you. I would like the record to show that:
1. I believe Mr. White got his fiduciary position here by intentionally destroying my credibility before my mother (My 4/4/94 to you and others).
2. I believe Mr. White has used his fiduciary position here to intentionally destroy my reputation and my relationship with my sister (Jean Nader, the other co-executor), with the intent of generating another fee for himself through the forced sale of real estate, in which all the beneficiaries of this estate have an interest (Accotink).
3. I have not approved the final court accounting.
Would you please let me know whether you would be willing to make these three issues part of the permanent record?
Thank you for your attention.
Sincerely, Anthony
O'Connell
"
1994.06.16 (Anthony
O'Connell
to the Judges: Exceptions to Commissioner's Report)
"To the Honorable Judges of Said Court:
I, Anthony Miner
O'Connell
, respectfully excepts to the report; of Jesse B. Wilson, 111, Commissioner of Accounts, dated the 31st day of May, 1994, and filed in the above matter on this first day of June, 1994, and state as my grounds, the, following:
I believe the Commissioner of Accounts was in error in approving a commission for Edward J. White. I was in error for not providing the Commissioner my letter of 6 /13/94 (enclosure 1) before the Commissioner approved his report. Approval of a commission for Ed white would be an approval of Ed White's destruction of my reputation and my consequent estrangement from my family. (This does not apply to the other cofiduciary, Jean Nader, ref. Va Code 26.5.2). My grounds are as follows:
1. Ed White used his fiduciary position in this estate to destroy my reputation and my relationship with my sister, Jean Nader, with the intent of generating another fee for himself through the forced sale of real estate, in which all the beneficiaries of this estate have an interest (enclosures 1).
2. Ed White got this fiduciary position by destroying my credibility with my mother in 1985-1986. Mr. White intentionally withheld information while I was trying to fund a trust for my mother, and accused me for the consequent delay. After 13 years as designated cofiduciary in my mother's Will, she dropped me and added Ed White (enclosure 2).
3. Mr. White's secrecy and setups show contempt for the fiduciary relationship between executor and heir (enclosure 3).
4. The testator, my mother, did not want her family torn apart.
To the Honorable Judges of the Fairfax County Circuit Court, I beg you to cause a jury to be empaneled to resolve this issue. I believe my fiduciary and accuser, Ed White, should be held to that level of responsibility.
Respectfully submitted this 16th day of June, 1994.
Sincerely, Anthony
O'Connell
"
[Editor's note: See this Exceptions to Commissioner's Report in .pdf to see the additional page. The additional page is a copy of the "Index to Wills & Fiduciaries" which shows this Exceptions to Commissioner's Report on record as of June 16, 1994]
1994.06.28 (Anthony
O'Connell
to Jean Nader, Sheila
O'Connell)
"The total 1994 real estate tax for Accotink is the same as last year, $3,484.20. Would you please send me a check for $3,484.20 / 3 = $1,161.40?
Sheila, you owe me for 1993 and 1992.
Wish you the best.
Love, Anthony
O'Connell
"
1994.07.12 (Anthony
O'Connell
to Crestar Bank)
"Thank you for all you have done over the past nine years concerning this account.
I understand in closing out the account that there is a balance of $ 16,046.75. The following checks have consequently been written against that amount:
(Editor's note: See this letter in .pdf for the lines and columns of numbers that are not included here)
Sincerely, Anthony
O'Connell
"
1994.07.12 (Anthony
O'Connell
to Jean Nader and Sheila
O'Connell)
"Enclosed is a final distribution check from the trust in the amount of $5,271.45. This reduces the assets remaining in the trust to zero.
I hope you all are fine.
Love, Tony"
1994.09.06 Certified (Anthony
O'Connell
to Jean Nader)
"On September 2, I received your note asking me whether I would like to handle Mother's Virginia tax refund.
I cannot legally do it because the estate is still open. I believe only the co-executors can do it. The papers you sent me are enclosed. Hope you had a good holiday.
Love, Anthony
O'Connell
"
1994.10.12 (Anthony
O'Connell
to James Gilmore) (Copy to Jesse Wilson, Judge Bruce Bach, Jean Nader, Sheila O'Connell, Joanne Barnes, Edward White and the Virginia Bar)
"I am writing to ask you if you would be willing to make a determination as to whether the above estate is open or closed. I ask you this so that there will be no misunderstanding as to whether the heirs or the executors of the estate are responsible for claiming the federal retiree's pension refund. Mr. Edward White's enclosed letter apparently suggests that the estate is closed. It is my opinion that the estate is open, because:
1. If the Commissioner's approval of the final court account by itself was interpreted as a legal closing of the estate, it seems there would be no need for a later separate court action releasing the co-executors of their responsibility to the estate. I believe the co-executors have not been released from their responsibility by the court.
2. An "Exceptions to the Commissioner's Report" has been filed.
3. Even if the estate were closed, I believe it would have to be reopened to amend the Federal and Virginia estate tax returns to include the real estate (two vacant grave sites) in my mother's name (not included in item 2 above). If there is any other information you might find helpful, please let me know.
Sincerely, Anthony
O'Connell
, heir"
1994.10.17 (Anthony
O'Connell
to Ken Sanders)
"Does the enclosed promisory note look OK to you?
How seriously should I take Adrian Hollins "Chesapeake Bay .... This is not good comment, on the enclosed map?
I am enclosing a copy of the marked up "Contract of Sale", hoping it still looks OK. Thanks for your expertise.
Sincerely, Anthony
O'Connell
"
1994.10.21 (Anthony
O'Connell
to Edward White) (Copy to Jesse Wilson, Judge Bruce Bach, Jean Nader, Sheila O'Connell, Joanne Barnes and the Virginia Bar)
"As co-executor of the above estate, you are responsible for claiming the refund resulting from Virginia's previous taxation of federal pensions. If you fail to do so before the November 1, 1994, deadline, I will hold you responsible.
As to the disposition of the grave sites, I agree to whatever my sisters decide.
Sincerely, Anthony
O'Connell
"
1994.11.02 (Anthony
O'Connell
to Wayne Lynch)
"I have a favor to ask you.
If you have any documents showing who the attorney, Mr. Ed White, told you he was representing during the settlement of Oak Grove, would you please send me a copy?
I'll try to make a very long story short is explaining why this is so important.
I hired Mr. White to handle the settlement of Oak Grove for both my mother and I. In retrospect, I believed he tried to turn it into a partition suit.
I believe Mr. White, who has been serving as co-executor with my sister, Jean, has successfully laid the ground work for turning another property in t o a partition s u i t between my sisters and I . I presently have a contract on this property, and do not want Mr. White to take control.
Because Jean does not understand what Mr. White is about, I felt the only way I could stop him was t o write some authority such as t h e Virginia Bar. The Bar's 2/10/93 response to the Oak Grove settlement issue was:
"My investigation reveals that the Respondent did not serve as settlement attorney for this transaction. In fact, t h e closing was handled by Coldwell Banker, and the legal instruments for the transaction were prepared under the supervision o f McGuire, Woods, Battle & Boothe. I have seen the real estate closing file which was delivered to Mr. Wright by the McGuire, Woods firm, and I am firmly convinced that Mr. White took no part in that transaction other than to perhaps provide informal legal advice t o your mother. Your letter of December 28, 1987 is insufficient as a matter to law to establish an attorney-client relationship unless there is some evidence that Mr. White did in fact undertake to handle the closing ........."
I responded on 9/20/93 with a copy of Mr. White's 4/16/88 bills for settlement. The Bar's 11/1/93 response was:
"As you know, the basis for my dismissal of your complaint was the absence of an attorney-client relationship between you and the Respondent......".
"....This complaint also boils down to your word against Mr. White's as to whether he was representing you at the settlement on the real estate transaction. The Bar would have to prove your position by clear and convincing evidence, and I simply do not see any clear and convincing evidence that Mr, White had agreed to represent you, or that he represented you by his conduct".
After I hired Mr. White to handle the settlement for my mother and I, I never heard from him again, nor could I get him to answer my telephone calls. I resorted to driving from Saint Louis and walking into his office the day before closing. On that day, he told me he was not representing me, and when I suggested postponing the settlement a few days (until I could figure out what was going on), he said he would force me to close the next day.
At settlement, I think two people on the buyers side said something to the effect that a real estate sale doesn't have to be adversarial. I had no idea what they were talking about. I still have absolutely no idea what Mr. White told you.
So, if you would be willing to send me a copy of any documents you might have from Mr. White telling you who he was representing, I would appreciate it.
Enclosures (7)
Sincerely, Anthony
O'Connell
P.S.
Am I correct in thinking anyone negotiating the sale of property in which I own a portion in fee simple (co-trustee of 46.0994%), has to have, by definition, a fiduciary relation with me?"
1994.11.03 (Anthony
O'Connell
to Edward White) (Copy to E. A. Prichard and Jean Nader)
"Yesterday I received several of your letters that Mr. Prichard was kind enough to forward to me. I have the highest regard for Mr. Prichard, and ask that you not inconvenience him. Again, Mr. Prichard does not represent me. Please contact me directly.
Sincerely, Anthony
O'Connell
"
1994.11.17 (Anthony
O'Connell
to the J. A. Loveless Companies) (Copy to Clark Massie)
"Sorry to be late in responding to your letter, but I was out of town. Enclosed is the original promissory note for $ 75,000.00 which was tendered as the deposit on the now terminated contract of October 4, 1994.
Thank you for the reports on the property. It has been a pleasure to work with you.
Sincerely, Anthony
O'Connell
"
1994.12.12 (Anthony
O'Connell
) to Houston Reeme)
"I understand from your instructions, that if my mother's estate is still open, (the estate is open), the co-executors of the estate, rather than the heirs, are responsible for applying for, and handling, the refund.
The co-executors of my mother's estate are Mr. Edward J. White, an attorney, and Jean M. Nader. Jean M. Nader, my sister, is also an heir.
From your letter of November 29, 1994, c/o Jean M. Nader, it appears that Jean Nader has been left responsible, and in her capacity as heir, and not as co-executor.
My question to you is this: Did Mr. Edward J. White, co-executor, apply for the refund with Jean M. Nader, co-executor, or did he not?
If only Jean M. Nader applied, did she apply in her capacity as co-executor, or as heir? The distinction between the two is important.
My question is not who will eventually get the money. I thank you in advance.
Sincerely, Anthony
O'Connell
"
1994.12.17 (Anthony
O'Connell
to Jean Nader)
"Thank you for sending me a copy of the Virginia Department of Taxation letter.
I believe the real issue is whether Mr. White has intentionally destroyed my reputation, and our relationship, in order to promote an adversarial partition suit of Accotink. A 5% commission from a partition suit could give Mr. White $43,000.00 to $50,000.00.
I am going to try to clear my name.
As one who cares about you very much, would you please consider the following?
1. Separate yourself from Mr. White as much as possible. Make him, not you, accountable for his advice. Have him, rather than you, write me concerning policy on the estate.
2. May I have your permission to write John, Jennifer, Amy and Howard, Jr., to tell them how I think you and I both have been set up? It may register with them, and perhaps they can relate to you in a way I cannot. I will send you a copy. I have previously enjoyed my relationship with them, and have not given up hope that I might again be a part of their lives. If this does not work, at least I will have the satisfaction of knowing I did everything I could think of to get resolution through family.
Please send me a copy of every letter or other document that Mr. White has sent you, or that concerns the estate, beginning in November of 1992. I think you sent me copies of everything prior to that date. If that is not so, please send me a copy of everything. If Mr. White has convinced you that you should be secretive or play some kind of game as a fiduciary, the opposite is true. I believe Mr. White will put very heavy pressure on you to protect himself. You do not want to be part of a coverup.
If you decide to give me your permission, please sign it with your full signature and date it. I want to minimize the chances of being accused of some secret plot. Are the following addresses correct?
Mr. John Nader
710 Woodland
Oakmont, Pennsylvania 15139
(412) 826-9025
Ms. Amy Nader
104 Sentinel Hall
Slippery Rock, Pennsylvania 16057
(412) 738-1309
Ms. Jennifer Nader
2801-A Fowler-Seacrest
Monroe, North Carolina 28110
(704) 283-9693
Mr. Howard Nader, Jr.
350 Fourth Avenue
New Kensington,. Pennsylvania 15068
(412) 337-7537
3. As a former school teacher, you know you can't do too much homework. As a suggestion of something to think through, think about the consequences of Mr. White apparently getting you to take the responsible for his policy, by you being the one to write to me. While my reputation and our relationship is being destroyed, he gets you to sign a joint letter, apparently to the effect, that it is unethical for you to get bonded? I believe Mr. White is already bonded, or has malpractice insurance, to protect his personal assets.
Love, Anthony
O'Connell
"
1994.12.18 (Anthony
O'Connell
to Edward White) (Copy to Jean Nader)
The enclosed copy of a letter from the Virginia Department of Taxation does not list you as being responsible for the pension payments due the estate
Would you please send me some clear and convincing evidence as to whether you have accepted this responsibility in your capacity as co-executor.
Sincerely, Anthony
O'Connell
"
1994.12.28 (Anthony
O'Connell
to Edward White) (Copy to Judge Bruce Bach, Jesse Wilson, Jean Nader, Federal Retirement Settlement Administration and the Virginia Bar)
"My copy of a letter from the Virginia Department of Taxation does not list you as being responsible for the pension payments due the estate.
Would you please send me some clear and convincing evidence as to whether you have, or whether you have not, accepted this responsibility in your capacity as co-executor.
This is my second request to you for this information.
Sincerely, Anthony
O'Connell
"
1995
1995.01.17 (Anthony
O'Connell
to Edward White) (Copy to Jean Nader, Judge Bruce Bach, Commissioner of Accounts and the Virginia Bar)
"My copy of a letter from the Virginia Department of Taxation does not list you as being responsible for the pension payments due the estate.
Would you please send me some clear and convincing evidence as to whether you have, or whether you have not, accepted this responsibility in your capacity as co-executor?
A recent Washington Post article states that 371 claims have been rejected because they were not signed properly. The instructions for signing were, in part: If the estate is open, the personal representative must file the affidavit and the claim on behalf of the decedent's estate.
This is my third request to you.
If your justification for withholding this information is that I am represented by counsel, I am not represented by counsel. If your justification is that the estate is closed, the estate has never been closed (enc. 1). If you have some other justification for withholding this information, please let me know what that is, in order that it may be addressed.
Sincerely, Anthony
O'Connell
"
1995.01.16 (Anthony
O'Connell
to Jean Nader) (Copy to Sheila O'Connell)
"I am happy that you want the grave sites along with Mom and Dad.
I give and release to you, without qualification, any and all interest that I may have had in this property, identified as Section One, Block Peace, Lot 10A, Sites 3 and 4, in the Fairfax Memorial Park, 9900 Braddock Road, Fairfax, Virginia 22032.
Sincerely, Anthony Miner
O'Connell
"
1995.01.30 (Anthony
O'Connell
to Judge Thomas Kenny)
"I'll try to make a very long story short. I am a beneficiary of the above estate, and my sister and Mr. Ed White, attorney, are co-executors.
I believe the enclosures show Mr. White intentionally kept the significance of your 9/27/93 order a secret from me until it was too late for me to appear before you, and now, from his letter of October 14, 1994, under the guise of wanting to help the estate, wants my sister to sign a statement blaming someone other than himself for leaving out another asset. Since Mr. White refused my request before, and will probably use your order to protect himself, would you please allow me the opportunity to appear before you now? The estate is open.
I look forward to your reply.
Sincerely, Anthony
O'Connell
"
1995.02.04 (Anthony
O'Connell
to Edward White) (Copy to Jean Nader, Sheila O'Connell, Judge Bruce Bach and the Virginia Bar)
"As you know, my sister, Ms. Jean Nader, and yourself, are co-executors of the above estate, and I am a beneficiary. You have the authority and responsibility for the estate, and I do not (except to sign appropriate documents and a one time K-1 requirement). I understand the relationship between executor an heir, is by definition, a fiduciary relationship.
I have been of some help to this approximately $1,041,000 estate:
1. I brought to your attention that the taxable capital gain of $98,898.65, from the installment sale payment of 4/21/91, should have been reported in tax year 1991.
2. I brought to your attention that the taxable capital gain of $395,594.62, from the installment sale payment of 4/21/92, should be reported in tax year 1992 (After reading your 11/13/92 letter stating that it would produce no capital gain).
3. I brought to your attention an approximately $11,000.00 CD, that should have been reported in the estate, when I forwarded a Crestar Bank notice to the estate, that had been mistakenly mailed to me.
4. When I was asked to reduce the $600,000.00 value of the real estate that we call Accotink, 34 days before the estate tax return was due, I delivered to you a professional appraisal in 28 days, that was accepted by the IRS and the county, that reduced the value by 50%, to $300,000.00.
5. Most recently, I brought to your attention the two burial lots that should have been have been included in the estate.
Before you became co-executor of my mothers estate, I had enjoyed a good relationship with my sisters, they had trust in me, and we could talk. This trust lasted at least until October 16, 1992, when they made me trustee of a Land Trust for Accotink, in which we all inherited an interest.
Would you please state your basis for the divisive and defamatory comments you have made about me, and for any wrongdoing for which you consider me responsible. As a lawyer with many years of experience, you know the difference between real charges and evidence, in which there is something solid and specific that one can defend themselves against, and that which is only a created illusion, in which one can not.
Sincerely, Anthony
O'Connell"
1995.02.19 Certified (Anthony
O'Connell
to Jean Nader, Sheila
O'Connell)
"Several years ago you made me trustee for your interests in the real estate we call Accotink.
About ten months ago, I suggested nine options to try to resolve the matter of Mr. White. I think Mr. White has now promoted an intolerable level of adversity, there is no way I can convince Jean I am not the source, and based on past experience, Jean and I will shortly be put through hell.
I suggest two options:
1. Buy out
One or both of you buy out my interest, or I buy you out. I believe this is the best option. Time is of the essence, so please respond.
2. Sell Accotink Immediately
I believe this is better than all the adversity I see coming, but the financial return could be far less than that of being able to wait for the right buyer.
Sincerely, Anthony
O'Connell
"
1995.02.26 (Anthony
O'Connell
to Judge Thomas Kenny)
"In response to the Commissioner of Accounts letter of February 13, 1995, I am enclosing a copy of my letter of January 17, 1995, with it's enclosure 1, showing an Exceptions to the Commissioner's Report, has been on file since June 16, 1994.
Based on Mr. White's enclosed letter the following day, February 14, 1995, I'm guessing he is going to get away with ignoring it, or it will be overruled. I beg you to not permit that.
Sincerely, Anthony
O'Connell
"
1995.02.26 (Anthony
O'Connell
to Judge Thomas Kenny) (Copy to Judge Bruce Bach, Commissioner of Accounts, Edward White, Jean Nader and Sheila O'Connell)
"In response to the Commissioner of Accounts letter of February 13, 1995, I am enclosing a copy of my letter of January 17, 1995, with it's enclosure 1, showing that an Exceptions to the Commissioner's Report, has been on record in the Circuit Court since June 16, 1994. This means the estate has never been closed.
Based on Mr. White's letter of the following day, February 14,1995, I believe Mr. White will continue to ignore the Exceptions to the Commissioner's Report until someone enforces the rules. I beg you to inform Mr. White that the estate has never been closed.
Eighteen months ago I asked Mr. White if he would send me copies of his accounts (enc 4). He refused (enc 5). Now, I understand he holds someone other than himself responsible for knowing and reporting what he left out of these accounts, and he is not required to correct it, unless the beneficiaries give him more money, and he gets the prior approval of the Commissioner of Accounts (enc 3).
I can not compete with Mr. White in his use of the legal system. I need someone to help me. I beg you to inform Mr. White that the estate has never been closed. If there is any other information you might find helpful, please let me know.
Sincerely, Anthony
O'Connell
"
1995.04.11 (Anthony
O'Connell
to Jean Nader, Sheila
O'Connell)
"I ask your support in signing the enclosed joint letter to Mr. White, and returning it to me. I believe it is self explanatory.
If you choose not to sign it, I would appreciate some notation.
Sincerely, Tony'
(Enclosure to above)
1995.4.11 (Anthony
O'Connell
, Jean Nader (but not signed), Sheila
O'Connell
(but not signed) to Edward White)
We would very much like to know about any wrongdoing for which you consider Anthony O'Connell responsible.
Would you please describe any such wrongdoing, with specifics, so that there is no misunderstanding? We thank you in advance.
Jean Nader _____ Sheila
O'Connell
_______ Anthony
O'Connell
____"
1995.07.03 (Anthony
O'Connell
to Jean Nader, Sheila
O'Connell)
"The total 1995 real estate tax for Accotink is the same as last year, $3,484.20. Would you please send me a check for $3,484.20 / 3 = $1,161.40?
Sheila, you also owe me for 1992, 1993, and 1994.
Wish you the best."
Sincerely, Anthony
O'Connell
"
1995.07.18 (Anthony
O'Connell
to Judge Thomas Kenny)
"Mr. Ed White, an attorney, and Ms. Jean Nader, my sister, are co-executors of the above estate, and I am a beneficiary.
During Mr. White's administration of this estate, my relationship with my sister was destroyed. I want to try to get it back. Aside from the human costs, I believe it inevitable that Mr. White will use her to take over the real estate in which all of the beneficiaries inherited an interest, and in which my sisters had previously entrusted to me (Trustee of a Virginia Land Trust, with Power of Attorney to sell my sisters interest. Book 8307, pages 1446 to 1452, and Book 8845, pages 1444 to 1462. Page 1444 is enclosed).
Would you write Mr. White a letter such as suggested by the enclosed rough draft? I believe it is self explanatory. The underlying and primary significance of the federal pension tax refund, and that the estate is open, is the fiduciary responsibility that goes along with it. The payments are scheduled to end on March 31, 1999.
Unless some authority greater than I enforces the rules with Mr. White, I believe he will set up conflict after conflict, until he gets my sister to join him in suing me, and/or to get out of his fiduciary responsibility. Previously, he just made up some requirement: 4/22/92: If he does not want to prepare it, I will not agree to any preliminary disbursal to him at all, and will seek your approval to file suit against him to compel the accounting, plus damages to the estate for his delay.
If I lose Mr. White's legal fiduciary responsibility to me, I lose my remaining opportunity to get answers from him. I need answers from him, in order to show my sister, what Mr. White is about.
If there were some way, you could insist that Mr. White answer my questions, such as with a Court Order, I feel I could expose, after analyzing it since 1985, what I believe is an extremely successful and subtle operation of fraud, fraud to discredit and supplant.
I can not compete with Mr. White's use of the legal system. I need someone to help me. If there is any other information you might find help, please let me know.
Sincerely, Anthony
O'Connell
"
1995.07.18 (Anthony
O'Connell
to Edward White) (Copy to Judge Thomas Kenny and Jean Nader)
"I understand from your letter of June 8, 1995, that your accounting charges, will consume most of the federal pension refund payments due the beneficiaries, unless the beneficiaries sign your revised FR6 Form, stating that you are not responsible for these payments, and that the estate is closed.
Would you be willing to answer some questions?
1. As co-executor for my mother, why would you not be responsible for any source of income due her estate?
2. Your FR6 Form of October 27, 1994, filed with the Virginia Department of Taxation, states that the estate is open, but that only Ms. Jean Nader, and not you, are responsible for the pension payments. If the accounting charges to the estate were not justification for you to avoid responsibility for the payments then, why are they justification now?
3. Previously, you had stated that: Mr.
O'Connell
recently has requested to know how much was charged for the preparation of the amended return. The answer is zero, since Mr. White prepared it as well as the original returns, even though that task is often given to accountants. If that were true then, why isn't it true now?
4. When my sister asked you, on behalf of all the beneficiaries, if you would be willing to allow me to serve as co-executor in your place, and as my mother originally intended, you refused on the justification that:
When your mother approached me about changing the co-executors of her will, we discussed the matter at length. She specifically desired to make the changes which are in effect now, and was quite firm in her decision. It would be clearly disloyal of me to dishonor her intentions.
If that were true then, why would it not be disloyal to her now, to leave early?
5. The court has never confirmed the final accounting because of the still unresolved Exceptions to Commissioners Report. For this reason, if no other, the estate is open, and has never been closed. Why are you asking the beneficiaries to sign a document contrary to this?
6. Why have you apparently made no effort to address this Exceptions to the Commissioner's Report?
7. Why are you asking the beneficiaries to sign a document that you obviously know I can not? Would you respect a less than unanimous response?
8. Paragraph nine of your letter states: Copies of all of the transactions, tax returns and correspondence as well as a ledger of all activity since the final accounting is enclosed.
What is your point here?
Since you refused to tell me* what you would charge me for my mother's Van over three years ago (Which meant I had to go to another attorney to find out how to draw up a proper receipt, to show that it was a gift from my sisters), I believe it's been down hill.
*4/4/92: I do not know what your problem is, but in the future, please address all correspondence to Mrs. Nader.
I am trying to be patient with you, but I find that this estate is time consuming enough without having to deal with letters such as the last two that I have received.
Would you please reference what letters justified your refusal to communicate with me?
9. One of the enclosures with your letter was a Schedule F from what I believe is part of the second amended federal estate tax return. This Schedule F states, in part:
Interest due Harold O'Connell Trust $ 816.00
Debt due from Harold O'Connell Trust 659.97
Would you tell me why the trust's $1,475.97 check to the estate on April 21, 1992, which was the balance of the net income from the trust due my mother before her death, is recorded to appear as if something is still due from the trust, the trust of which I am trustee?
10. I believe my sister, Ms. Jean Nader, who is serving as co-executor with you, is quite convinced that I must be guilty of some serious wrongdoings. Consequently, our previously good relationship has been destroyed. Would you please identify any wrongdoing(s) for which you consider me responsible? Please be specific, in order that it can be addressed.
Sincerely, Anthony
O'Connell
"
1995.07.30 (Anthony
O'Connell
to John and Kym Nader, Jennifer Nader, Howard Nader, Amy Nader) (Copy to Jean Nader)
"I would like to thank your mother (in-law) for giving me permission to write to you. Everything here and enclosed is my own opinion.
As you know, your mother and the attorney Ed White, are co-fiduciaries of the estate of Jean
O'Connell
. To make a long story short, I believe Ed White has taken advantage of Jean's trust in people, and has set up conflicts to destroy the relationship between Jean and I. I believe his motivation is to use Jean to create a legal battle over Accotink (Real estate in which Jean, Sheila, and I, all have an interest), and gain a fee for himself. I believe this financial and emotional disaster is inevitable, unless I can show Jean that it is Mr. White, and not me, who has set up this adversity. I believe there is no limit to what Mr. White will do, if he can continue to make Jean responsible, and not himself.
I can not address all the deceptions (and after ten years of trying, I don't pretend to know half the dynamics) without losing focus. In general, you have to look many levels beyond the surface appearance. He is very convincing, very skillful, and he is not a victim.
I believe two methods of making Jean responsible for his agenda are [I] advising Jean
O'Connell
to call Jean Nader and say she wanted secrecy, to make it appear to Jean as if it was my mother's policy, rather than Mr. White's (enclosure), and [2] avoiding communication with me, which leaves Jean to take mitten responsibility, for what he wants her to know. I believe he could not have set up the conflicts, and make it appear a if I were responsible, without the above framework.
For my quality of life, for any hope of good feelings from seeing you and other relatives, and for the financial return to the beneficiaries from Accotink, I have no choice but to try to regain my reputation. A primary danger here is that Mr. White will shift my attempts to do that into criticism of Jean, and that is one of his primary barriers of defense. I believe he will say, in many appropriately convincing ways, Jean did it, not me. Please do not let her fall into that trap. I believe he will place the conflicts between Jean and I again and again, and Jean and I have to return it back to him, where it belongs, again and again.
The bottom line is that Mr. White has voluntarily convinced Jean, that I am guilty of some serious wrongdoing(s). The issue then, is to find out if this is true. To find out whether this is true, requires that it be addressed, and for it to be addressed, requires that Mr. White (not Jean), identify what that is. If Mr. White refuses to identify whatever it is, a prudent person would have to conclude that this does not make sense, and speaks volumes about Mr. White. After years of voluntarily discrediting me, I do not think he would hesitate to provide specifics, if there were specifics, that would survive the light of day.
I have been unsuccessful in getting Mr. White to be specific. I know why he hasn't, he knows why he hasn't, but I know of no other way to show Jean why he hasn't, except by confronting Ed White, and insisting on resolution. This has not been unlike Kafka's The Trial, where the accused is never told the crimes for which he is being held responsible.
I am writing to ask for your help. Would you please talk among yourselves and Jean, have family talks, look at my letters to Jean, and ask her to sign the enclosed letter to Mr. White? I believe it is straight forward. Please ask her to return at least one copy to me, copies of things she may not have sent me, and the telephone message, which I am guessing, advises secrecy, and is from mother. Secrecy in a fiduciary is, I believe, fraud. Jean, as co-executor, is the key. If she, as co-executor, and. member of the family, believes Mr. White, and signs documents to that effect, the chances are negligible that I could get someone else to look beyond that. She should not feel badly about what happened. I believe I was fooled by Mr. White (twice), Mother was fooled, and the Virginia Bar investigator, armed with a 14 page letter with 44 enclosures, was fooled.
If there is any other information you might find helpful, please let me know.
Again, I would like to thank your mother for giving me permission to write to you. I can not tell you how much I miss my previous relationship with her.
Sincerely, Anthony
O'Connell
"
1995.07.30 (Anthony
O'Connell
to Edward White) (No copy to another) (I [put Jean Nader's name as co-sender and sent her a copy for her signature but she would not sign it)
"Would you please identify any wrongdoing(s) for which you consider Anthony
O'Connell
responsible, and clarify the following problems? Please be specific in order that it can be identified, addressed, and resolved.
1. Would you identify exactly what it was that justified your refusal to communicate with him?
4/4/92 It is not my decision as to what it will cost you, though I have been informed that you know full well....... I do not know what your problem is, but in the future, please address all correspondence to Mrs. Nader.....I am trying to be patient with you, but I find that this estate is time consuming enough without having to deal with letters such as the last two that I have received.
2. Why did you not send a copy of the below described receipt to Anthony
O'Connell
?
4/22/92 Enclosed is an agreement which should satisfy Tony as to the car. It cannot be any clearer.
... I do need to check with Joanne Barnes as to a technical question as to whether or not any of your father's trust comes into this........I will have to ask her to bill us for that advice and any other technical tax matters I am not comfortable with. I can do most of the rest of the tax work and save the estate some money........................ In order to file that return and the subsequent Fiduciary Income tax return we will need an accounting from Tony from the date of his last accounting to the date of death. If he does not want to prepare it, I will not agree to any preliminary disbursal to him at all, and will seek your approval to file suit against him to compel the accounting, plus damages to the estate for his delay. Since that trust terminated on your mother's death, his final accounting is due now and not in October. There will be no further explanations or written entreaties to him as far as I am concerned. He has the duty and he will perform it under a court order if necessary. Of course he will furnish that receipt ........ In the event that we do seek a reduction in the assessment Tony will be given written notice that his prompt cooperation is necessary and that if he fails to cooperate that he is aware of the adverse consequences to the estate and is responsible for them.
What is your justification for the above?
3. What is your justification for the following?
5/4/92 If we have knowledge of a gift to Tony of $15,000, we must report it. Tony is going to have to answer that question before we can be satisfied. If he claims he did not receive the money, he will have to supply us with an affidavit to that effect.
4. What is your justification for the following?
12/16/92 Your client seeks my ""best estimate" of taxable income from the estate,: and a schedule of events with his usual request for specificity ...... The remainder of the information he seeks can more appropriately be produced to Mr.
O'Connell
either by you or his accountant, or is otherwise unavailable." How can anyone else, say what you are going to do?
5. Would you explain exactly what this is about? Please be specific.
2/2/93 I have been continuously burned in making gratuitous comments about the tax liability of the heirs, and counsel and other friends have stated to me, that given the performance of Mr. O'Connell, that I should make no comment at all. I tried to be helpful, but that did not work I can only say that had I not been adamant about re-valuing the Accotink property, Mr.
O'Connell
's initial approach would have cost this estate dearly. From the comments in his recent demands for "information", I can see that he is jumping to conclusions based on no knowledge at all. I will not reply directly to him on any future aspect of this estate. As a matter of fact I am precluded as an attorney from dealing with an adverse party who is represented by counsel. I have no intentions of having him dictate the duties of the fiduciaries.
6. How can both of the following versions be true?
Version to Mr. Edgar A. Prichard, 9/14/93:
I have received the enclosed letter from your client. He is not the fiduciary, and I do not have to submit documents to him for prior review His comments regarding debts and demands and wanting to be a part of the Show Cause process indicates that he would profit from advice from someone. Most of his problems throughout this affair have been from jumping to conclusions based on little or no legal knowledge. Now that a closing letter has been received, I am moving as fast as possible to get this estate settled. I am frankly sick and tired of your client's actions.
Version to Judge Kenney, 2/28/95:
I not only furnished Mr.
O'Connell
's attorney, Edgar A. Prichard, a copy of the entire financial history of the estate, noting that it would be from that document that the final accounting would be prepared (my ltr of 11/9/93), but a copy of the accounting itself (my 1tr of 1/19/94). In addition, he received copies correspondence concerning every other event in the administration of this estate including all of my letters to the co-executor, his sister.
7. On 10/25/93, Anthony
O'Connell
asked Commissioner Wilson to ask you about problems you brought up. He did that to try to resolve them, and because you refused to communicate with him. Your response, without contacting Mr. Prichard, was:
10/27/93 Re Mr. Anthony O'Connell's latest to you of October 25, 1993. He is represented (or advised by) Ed Prichard, with whom I have been in contact. Neither he nor I have found any problems.
If there were no problems when he tried to address them, why did you say there were problems, directly after that?
11/5/93...Mr. 0'Connell has tried one stunt after another to disrupt the flow of administration, notwithstanding my repeated attempts to calm him down.....-....I would fervently pray that he be counselled in as far 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 backw.
11/8/93 From 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...
.... It certainly is not the first time he has had to apologize .... 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 ......... Of course some of these transactions were filed in the first accounting to which Mr. O'Connell voiced no objections. .... 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...............
11/12/93 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 Drier 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 (Note from 9/3/93 above: "It is ordered that all creditors of, and all others interested in....". 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.
Do you have some letter later than Anthony
O'Connell
's 9/22/92 to Jean Nader, stating in part:
Thanks for asking me about my opinion on the stock in the estate. My feeling is that the stock in the estate should be distributed in stock form, ie., as is (and the sooner the better). Since it is no load, each of us could convert it to cash when ever we wanted to sell it, and there would be no commission charge.
8. What is your justification for this?
1/19/94 I am not asking that Mr.
O'Connell
approve the accounting since I do not want it delayed.
Has Anthony O'Connell ever delayed the accounting?
Sincerely, Anthony M.
O'Connell
, Jean M. Nader (but Jean M. Nader did not sign it)"
1995.08.25 (Anthony
O'Connell
to Henry Mackall)
"Thank you again for your help during the approximate period of 6/25/85 thru 8/11/86, when I was a client of yours."
I am writing to ask if you would be kind enough to send me copies of letters sent to you by Mr. Edward J. White, attorney, during this period, and any other relevant information. I believe I have copies of all of your letters (sixteen), but only one letter from Mr. White to you (dated 4/25/86, with a copy to my mother).
I thank you in advance.
Sincerely, Anthony
O'Connell
"
1995.09.03 (Anthony
O'Connell
to Henry Mackall)
"Thank you for sending me copies of the letters from Attorney Edward White.
A check for $5.00 is enclosed.
Sincerely, Anthony
O'Connell
"
1995.09.05 (Anthony
O'Connell
to Raymond Bitar)
"Thank you for your letter of August 29, 1995. Do you understand that my sisters and I put the real estate you mentioned, Accotink, in a Virginia Land Trust?
Sincerely, Anthony
O'Connell
"
1995.10.05 (Anthony
O'Connell
to Raymond Bitar)
"The documents describing the Virginia Land Trust are enclosed.
1. Deed In Trust Under Land Trust Agreement
2. Power Of Attorney
3. Land Trust Agreement
4. Assignment And Receipt
Please let me know if I can be of further help.
Sincerely, Anthony
O'Connell
"
1995.10.05 (Anthony
O'Connell
to Henry Mackall)
"Thank you for sending me copies of the five letters from Mr. White last month.
In the event that you might not have sent me a copy of every letter, memo, or other document concerning this matter, would you be kind enought to do so? If what you did send me was all there was, would you please make that clear?
Thank you again.
Sincerely, Anthony
O'Connell
"
1996