Sale 1988

 

1986

1986.06.23   (Statement) (Henry Mackall to Anthony O’Connell)
"You have officially qualified as Trustees under the Last Will and Testament of Harold A. O'Connell.  You have given bond in a penalty of $842,000.00 without surety.  Enclosed are copies of the following documents:
1. Certification of Qualification issued June 20, 1986.
 2. Order entered June 11, 1986 by Judge Middleton.
 3. Petition filed on behalf of Mr. O’Connell requesting authority for the Trustees to qualify without surety.  
4. Agreement dated January 28, 1985 between the Trustees and Jean O’Connell.
5. Eighteen page notice to Fiduciaries together with Inventory and Accounting forms and fee schedule.  The sole asset initially is the undivided interest in the two parcels of real estate.  This should be reflected on the Inventory filed in Mr. McCandlish’s Office.   Mrs. O’Connell will now be able to file her final accounting as Executrix to notify me when this account is filed.  Statement for services is also enclosed.
Sincerely, Henry C. Mackall”

Enclosure (certificate):
COMMONWEALTH OF VIRGINIA
Circuit Court of Fairfax County
CERTIFICATE OF QUALIFICATION
State of Virginia
County of Fairfax, to-wit:           Fiduciary No. 21840
I,  WARREN E . BARRY, Clerk of the Circuit Court of the County of Fairfax, Virginia, the same being a Court of Probate and of Record and having a seal, do hereby certify that it appears of record in my office pursuant to law that ANTHONY M. O'CONNELL & HERBERT ANDERSON HIGHAM have been duly appointed TRUSTEES under the Last Will and Testament of : HAROLD A. O'CONNELL and that they have qualified as such by taking the oath presctibed by law and by entering into and acknowledging a bond in the penalty of EIGHT HUNDRED FORTY TWO. THOUSAND
Dollars, wlthout surety.

I further certify that the said appointment and qualification is still in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF I have hereunto
set my hand, and affixed the seal of said Court
hereto, at Fairfax, Virginia this 20th day of June, 1986
WARREN E. BARRY., CLERK
By Patricia L(?) Moat
Deputy Clerk

 

1986.08.08   (Edward White to Robert McCandlish, copy to Jean O'Connell)
"Enclosed is the Fourth and Final Accounting in the captioned estate with your checks in the amounts of $35.00 and $25.00.
Please note that the Trustees have qualified in this case and the attached agreement is submitted as a receipt for the trust property.
The vouchers for the real estate taxes paid by Mrs. O'Connell add to more than the amount stated but in this case it makes no difference.
Sincerely, Edward J. White"

 

1987

1
1987.12.08   (Anthony O'Connell to Jean O'Connell )
"Thank you for your phone call yesterday telling me about your plans to move. I know it is a heart wrenching experience f o r you t o leave the home you have put so much of yourself into over the past fifty years. I congratulate you again or your decision.
On thinking further of our discussion about controlling the destiny of the house, I feel strongly that deed restrictions or soliciting public support t o move the house will only result in obstructing a successful sale.
No one, especially the county, is going to spend $300,000 t o $400,000(?) to have it moved so you can make a better profit. If the county did any thing, they would preserve it in situ, perhaps acquiring the land by eminent domain, a logical extension of the Forestdale School playground. I feel when the county did take seven of your ten acres by eminent domain for Forestdale School, they would have taken the entire property if they knew you were not going to live in the house. They did not do you any favors then by compensating you at $7,000/acre and they are not going to do you any favors now.
At the very least, publicly bringing up the historical significance of the house when you are trying to sell it will make a prospective buyer think very hard about the rezoning battle.
I feel any negotiations concerning the house itself should best be done in private between you and the interested buyer. You also have final control by not selling to a buyer whose plans you find unsuitable. If you cared enought, a successful sale may give you enought money to have the house moved at your expense.
I am disappointed that you apparently do not want me involved in this transaction. As near as I can determine, you are concerned that I will block the sale. Please tell me of you specific concerns and maybe we will all have a more pleasant and. successful experience.
If I had any alternative I would not say this - To get a successful sale and to minimize what I know is an incredibly painful experience for you-Walk away from the house and don't look back. Remember it as it was. It is the new owners responsibility and it is lifted from your shoulders.
With respect to your urgency in selling, I am driving to Virginia tomorrow. I can be reached at the home of
Rosemary Haly
220 Wildman 3NE
Leesburg, Virginia 22075
(703) 777-6371
Sincerely, Anthony O'Connell "

2
1987.12.22   (Bill Lynch to Anthony O'Connell)
"Enclosed is our contract offer to purchase your property in Franconia. I apologize for making it so long. I thought that I had some two page form contracts that would be adequate, but they were not suitable. I ended up drafting my own contract based on the appropriate language from the contract forms. *
Please review and sign with a notary. You should return it to my home address on this letterhead with instructions for Federal Express to leave it at the door if no one is home.
The contract offer expires in ten (10) days from this date. Practically speaking, the sooner we receive a signed contract the sooner we will be able to go to settlement.
It has been a pleasure to talk to you. I hope to meet you some time soon.
Sincerely yours,"
(A copy of this is also in "bill lynch")

 

3
1987.12.22   (Bill Lynch to Jean O'Connell)
"Enclosed are three (3) copies of a contract offer to purchase your property in Franconia. This contract is drawn on the same terms and conditions which I discussed with your son, Anthony. Please review and sign with a notary. For your convenience, Judy Studebaker in our office will be available all day Wednesday and Thursday until 12:00.  She is a notary and you can reach her at 451-2880. The Lynch family offices are located at 6340 Brandon Avenue, across from Fischer's Hardware.
I am very happy that we were able to reach an agreement to purchase your property. I guess it has been almost 30 years since I have actually seen you, but I hope to see you again soon.
Sincerely yours,"
(A copy of this is also in "bill lynch")

 

4
1987.12.24   (Purchase Agreement)
"PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this 24th day of December1987, by and between JEAN MINER O'CONNELL, ANTHONY M. O'CONNELL, TRUSTEE and HERBERT A. HIGHAM, TRUSTEE ("Seller") and LYNCH PROPERTIES LIMITED PARTNERSHIP, a Virginia limited partnership, or assigns ("Purchaser"). The Seller and the Purchaser are sometimes hereinafter referred to as the "parties".
RECITALS :
R-1 Seller is the owner of acertain parcel of unimproved real property in Fairfax County, Virginia, bearing Fairfax County Tax Map Number 90-2-((1))-0085 and outlined in red on Exhibit attached hereto, and which parcel of real property contains approximately 155,500 square feet of land. Seller also owns an adjacent abandoned right-of-way, the size of which is unknown. Both Parcel 85 and the abandoned right-of-way are hereinafter referred to as the "Subject Property."
R-2 Purchaser desires to acquire the Subject Property, Seller desires to sell the Subject Property to the Purchaser upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, THIS AGREEMENT
W I T N E S S E T H :
That for and in consideration of the mutual premises hereinafter set forth in this Agreement, and in consideration of the Purchaser's Deposit (as defined below) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
Section 1. Purchase and Sale.
Pursuant to the provisions of this Agreement, Seller agrees to sell and convey, and Purchaser agrees to purchase, the Subject Property. Seller shall convey the Subject
Property, together with any existing improvements to the Subject Property, and all pertaining rights and appurtenances thereto, including any right, title and interest the Seller enjoys in the adjacent streets, roads, alleys, parking areas and rights-of-way, and any other existing rights, interests and easements, as well as all mineral, oil, gas, air and water rights, appurtenant to the Subject Property. All major appliances in the residence will convey with the property.
Section 2. Purchase Price; Survey.
The purchase price shall be $10.00 per square foot
of land, the total amount to be determined by a survey to be performed at Purchaser's expense.
Section 3. Deposit.
Simultaneously with the execution of this Agreement by Purchaser, Purchaser shall deposit with McGuire, Woods, Battle & Boothe, 8280 Greensboro Drive, Suite 900, McLean, Virginia 22102 ("Escrow Agent"), cash or other immediately available funds in the amount of Ten Thousand Dollars ($10,000.00), who shall place same in an interest bearing account. Purchaser shall post Ninety Thousand Dollars ($90,000.00) additional deposit and release the deposit to the Seller at the expiration of the Feasibility Period, as hereinafter defined. The amount of cash paid to the Escrow Agent or
Seller hereunder plus interest thereon, as held by the Escrow Agent or Seller, shall be collectively referred to as the "Deposit."
Section 4. Terms of Payment.
Purchaser shall pay the purchase price as follows:
4.01 Cash Due at Settlement. At Settlement, the
Purchaser shall pay the Seller cash, or other immediately available funds, Two Hundred Fifty-Thousand ($250,000.00), of which the Deposit, plus all interest accrued thereon, shall constitute a portion.
4.02. Purchase Money Note. Seller will hold a purchase money note for the balance of the purchase price secured by a first deed of trust. The note shall bear interest at nine percent (9.0%). The note shall be payable in two annual installments of interest only followed by five equal annual installments of principal plus accrued interest (for a total of seven annual installments). There shall be no penalty for prepayment in full or in part: It is expressly agreed that this note and deed of trust shall not be subordinated to any other loan on the property.
4.03. Dedication by the Trustees. Said deed of trust shall contain a provision requiring the trustees under said deed of trust, without the necessity of obtaining the prior consent of the deed of trust note holder, to release land to be dedicated for public use such as for streets, public utilities, sanitary sewer, water, storm sewer, etc. from the above mentioned trust without curtailment and at no cost to the Purchaser.
4.04. Trustees. Trustees in all deeds of trust are to be named by the parties secured thereby. Seller agrees to instruct trustees on said deed of trust to sign plats of subdivision as desired by and without cost to purchaser or assigns so long as said subdivision meets the requirements of Fairfax County.
Section 5. Feasibility Tests and Studies.
5.01 Access; Indemnification. From the date of full execution of this Purchase Agreement, and continuing for a period of sixty (60) days thereafter (the "Feasibility Period"), Purchaser (and Purchaser's agents, employees or other parties designated by Purchaser) shall have the right, at any reasonable time or times, to enter onto the Subject Property to perform such tests, examination, surveys and studies as Purchaser deems appropriate, including, but not necessarily limited to, studies concerning economics, zoning, utility availability, soils and environmental studies, and a Preliminary Layout to the Subject Property. Purchaser shall reasonably restore the Subject Property to its condition existing prior to undertaking any such tests or other work on the Property, at Purchaser's sole cost and expense. Purchaser shall pay for all costs associated with any examinations of tests done on the Subject Property by Purchaser.
5.02 Feasibility Date. In the event that Purchaser determines, in Purchaser's sole and unreviewable discretion, prior to the expiration of the Feasibility Period
("Feasibility Date"), that Purchaser's acquisition and ownership or development of the Subject Property is not feasible for Purchaser in light of (1) the tests and studies referred to in the preceding paragraph, (2) any financial feasibility study made by Purchaser or (3) any other investigations or studies made by Purchaser, Purchaser shall have the right to terminate this Agreement by giving written notice to Seller on or before the Feasibility Date. After Purchaser gives such notice, this Agreement shall automatically terminate, the Escrow Agent shall return the Deposit to the Purchaser, and the parties shall hereafter be relieved of all further obligations under this Agreement. If Purchaser does not give written notice of termination prior to the Feasibility Date, then Purchaser's acquisition and ownership or development of the Subject Property shall be deemed to be feasible, this contingency shall be deemed to have been automatically satisfied and removed, and this Agreement shall automatically remain in full force and effect and shall be fully binding on both parties without further notice.
Section 6. Title to Subject Property.
(a) Title to the Subject Property shall at Settlement be free and clear of all liens and encumbrances, easements, limitations, covenants, restrictions, leasehold rights and tenancies, except only for (i) those liens and encumbrances which are to be satisfied and released with the cash due the Seller at Settlement hereunder, and (ii) the Permitted Title
Exceptions, defined below. Title shall be good of record and in fact, fully marketable and insurable by a title insurance company of Purchaser's choice which is licensed to conduct business in Virginia ("Title Company"), and subject to no exceptions other than the Permitted Exceptions, defined below. Such title insurance coverage shall be available to the Purchaser at standard rates, for standard coverage, without special endorsements of any kind..
(b) During the Feasibility Study Period, Purchaser shall obtain, at its expense, from the Title Company, a title insurance binder evidencing the state of title of the
Subject Property and evidencing that the Title Company will issue, at standard rates and without special endorsement, an ALTA Form B Owner's Title Insurance Policy in the amount of the purchase price, ensuring that fee simple estate to the Subject Property will be vested in the Purchaser with no exceptions other than the Permitted Title Exceptions. In the event such title examination discloses defects of title (other than those liens and encumbrances which are to be paid off and satisfied at Settlement out of the cash due Seller at Settlement) Purchaser shall promptly notify Seller in writing of such defects prior to the expiration of the Feasibility Study Period, and Seller shall thereafter be obligated to remove such defects at its expense prior to Settlement so that Seller will be prepared at Settlement to deliver good, marketable and insurable title (at standard rates) to the Subject Property, subject only to the Permitted Title Exceptions, defined below.
(c) In the event the Purchaser fails to notify the Seller, prior to the end of the Feasibility Study Period, of title defects required to be corrected prior to Settlement, title to the Subject Property shall conclusively be deemed satisfactory to Purchaser. Seller agrees that, following the date of full execution of this Agreement, it will not create or consent to the imposition of any lien, encumbrance, easement, limitation, covenant, servitude, restriction or tenancy on the Subject Property, without the prior written consent of the Purchaser.
(d) The Purchaser agrees to accept title to the Property subject only to the following exceptions ("Permitted Title Exceptions"):
(i) Real estate taxes which are not due and payable as of the date of Settlement; and
(ii) Any existing exceptions which the Purchaser fails to object to in writing prior to the end of the Feasibility Study Period.
Section 7. Deed.
Title to the Subject Property shall be conveyed to the Purchaser at Settlement by General Warranty Deed with English Covenants of Title, subject to no exceptions other than the Permitted Title Exceptions.
Section 8. Settlement.
8.01 Date and Place. The consummation of the transaction described in this Agreement ("Settlement") shall take place one hundred twenty days (120) days from the date of ratification of this contract at the offices of McGuire, Woods, Battle & Boothe, 8280 Greensboro Drive, Suite 900, McLean, Virginia 22102 ("Settlement Agent"). Purchaser shall notify Seller in writing if Purchaser elects to go to Settlement earlier than the date specified by this Agreement. Such notice shall be received by Seller at least fifteen (15) days prior to the earlier Settlement Date proposed by Purchaser.
8.02 Adjustments. Real estate taxes shall be adjusted as of the date of settlement.
8.03 Settlement Costs. Purchaser and Seller hereby authorize the Settlement Agent to settle this Agreement. Seller shall pay the Virginia Grantor's tax, and the cost of preparation of the general warranty deed. Purchaser shall pay for title insurance, title examination, conveyancing and notary fees, survey preparation, recordation taxes and charges, and all other settlement costs, expenses and charges. Seller and
Purchaser shall each pay their respective attorneys' fees.
Section 9. Default; Damages.
9.01 Purchaser's default prior to Settlement.
The Seller and Purchaser agree that the payment of the Deposit by the Escrow Agent as provided for hereunder does not constitute a penalty but rather is an agreed upon manner of establishing the amount of damages, and is the Seller's exclusive remedy for Purchaser's breach of this Agreement.
9.02 Seller's Default. If Seller refuses or is unable to settle according to the terms of this Agreement then, in addition to Purchaser's right to have the Deposit returned, Purchaser shall also have the option to exercise any additional and appropriate legal and equitable remedies available to it, including the remedy of specific performance.
Section 10. Brokers.
Each party represents and warrants to the other that such party has employed no brokers or finders in respect of this transaction. The Seller hereby agrees to indemnify and hold the Purchaser harmless from and against any and all claims, costs, loss or liability, including attorney's fees, for brokerage commissions asserted against the Purchaser by reason of the breach of Seller's representation and warranty contained in this Section 10. The Purchaser hereby agrees to indemnify and hold the Seller harmless from and against any and all claims, costs, loss or liability, including attorney's fees, for brokerage commissions asserted against the Seller by reason of the breach of Purchasers representation and warranty contained in this Section 10.
Section 11. Notices.
All notices or communications required or permitted under this Agreement shall be in writing and shall be deemed duly given if in writing and delivered personally, or sent by registered or certified United States mail, return receipt requested, first class, postage prepaid, to the following addresses, (or such other addresses as may be designated in writing ) :
(a) if to the Seller:
Anthony M. O'Connell, Trustee
2337 S. 13th Street
St. Louis, Mo. 63104

and (b) with a copy to:
Jean Miner O'Connell
6541 Franconia Road
Springfield, Va. 22150
and (c) if to Purchaser:
Lynch Properties Limited Partnership
P. 0.BOX 607
Springfield, Virginia 22150
and (d) with a copy to:
Allan B. Goldstein
McGuire, Woods, Battle & Boothe
8280 Greensboro Drive, Suite 900
McLean, Virginia 22102
Section 12. Miscellaneous.
12.1 Modifications and Waivers. No modification, waiver, amendment, discharge or change of this Agreement, except as otherwise provided herein, shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is sought. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein.
12.2 Successors and Assigns; Assignment. All terms of this Agreement shall be binding upon, and inure to the benefit of and be enforceable by the parties hereto and their respective legal representatives, heirs, successors and assigns.
12.3 Time of the Essence. Time is of the essence for all purposes of this Agreement.
12.4 Risk of Loss. Each portion of the Subject Property shall be held at the risk of the Seller until Settlement hereunder.
12.5 Governing Law. This Agreement is intended to be performed in the Commonwealth of Virginia and shall be construed and enforced in accordance with the internal laws thereof.
12.6 Survival of Representations and Warranties.
All representations and warranties made by either party herein shall survive Settlement and shall not merge into the deed to be delivered to Purchaser at Settlement.
12.7 Exhibits. All exhibits referred to herein and attached hereto shall be and are incorporated in this Agreement by reference as though fully set forth herein.
12.8 Captions. The captions of this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope of the intent of this Agreement or any term hereof.
12.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute on and the same instrument.
12.10 Offer and Acceptance; Effective Date. This Agreement has been executed first by Purchaser and shall be deemed a continuing offer of the Purchaser to purchase the Subject Property from the Seller for ten (10) working days after the date of Purchaser's execution. The effective date of this Agreement for all purposes shall be deemed to be the date of execution by the last executing party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written."
[Editor's note: Please see the full version in pdf]

5
1987.12.28   (Anthony O'Connell to Bill Lynch)
"You wrote a beautiful contract.1 trust you received all the signed copies.
Enclosed is some information I just received from Richmond concerning the status of Route 770.1 will ask my mother to search for the document that apparently gives her half the road.
My mother's attorney, Mr. Edward White, may have copies of the estate taxes, the death certificate, etc.. He has been very helpful to me and I am sure he will be to you. Ms. White can be reached at:
118 South Royal Street    
Alexandria, Virginia 22314
(703) 836-5444 
Assuming we reach settlement, would you be willing to make two seperate checks for each payment? One would be for 53.9006% to Jean M. O'Connell and one would be for 46.099% to Herbert Anderson Higham and Anthony O'Connell, trustees. In addition, is it possible to make the first two payments totally $100,000.00 solely to Jean M. O'Connell (inorder for her to buy into Goodwin I House),and the payment at settlement adjusted to compensate the trust, so the running balances would be in the percentages mentioned?
I look forward to meeting you.
Sincerely, Anthony O'Connell "

 

6
1987.12.28   (Bill Lynch to Anthony O'Connell)
"Thank you for returning the contract so promptly. We have received signed copies from your mother and from Herbert Higham also. I am enclosing for your records, an original contract with your signature and your mother's signature. I will ask Mrs. Studebaker in our office to send you an original with Mr. Higham's signature if he did not take it with him. I have dated this contract Dec. 24th, which is the date of your mother's signature.
The study period began Dec. 24, 1987, and will expire Tuesday, February 23, 1988. Since it is customary that study periods do not expire on holidays, I have extended it to Tuesday, February 23. I have also enclosed copies of relevant correspondence with the title company.
Best wishes for a happy and prosperous New Year.
Sincerely yours, Bill Lynch
cc:
Mrs. Jean M. O'Connell
Mr. Allan B. Goldstein
Mr. Wayne Lynch"
(A copy of this is also in "bill lynch")

 

7
1987.12.28   (Bill Lynch to Coldwell Banker (Sharman Harris))
"Dear Sharman:
Enclosed is a copy of a contract between Lynch Properties Limited Partnership and Jean Miner O'Connell et al. This contract only has the signature of Mrs. O'Connell or her son, Anthony. However, we have counterpart signature copies for all three signatories at our office.
Our study period commenced December 24th, and runs for sixty (60) days. During this time, we need to complete a title examination. Would you please have your people review the title and give us a binder? We will determine the exact purchase price at the time we have a survey performed by Dewberry & Davis.
For your convenience, I have enclosed copies of some deeds which relate to the property. I have asked the O'Connells' for a copy of Mr. O'Connell's death certificate. If and when we receive it, I will forward it to you.
Best wishes for a prosperous New Year.
Sincerely yours,   Bill Lynch
cc:
Mrs. Jean Miner O'Connell
Mr. Anthony M. O'Connell
Mr. Wayne Lynch
Mr. Allan B. Goldstein"
(A copy of this is also in "bill lynch")

8
1987.12.28   (Anthony O'Connell to Jean O'Connell ) 
"Thanks for your letter of December 19, 1987.
It's not necessary for you to be concerned with the trust expenses or Andy's fee. The trust will do that and I will do the accounting for the trust.
If you can find the document that gives you half the lane (Rt .770) and Dad's death certificate would you send a copy t o Bill Lynch?
Thanks very much for the Christmas present check of $100.00. It was the perfect gift.
Love, Tony"

9
1987.12.28   (Anthony O'Connell to Edward White)
"I got a buyer for my mothers residence while you were out of town. A copy of the purchase agreement is inclosed.
In spite of your excellent advice to my mother to sigh nothing without you* first looking a t it, I urged her to sign this (December 24, 1987) because it is so clean and I felt strongly that it was not good business to wait until January 8, 1988.
Assuming we pass the study period contingency, I hope you will handle the settlement. I'm taking the liberty of giving your name to the buyer, Mr.
R E. Lynch. Mr. Lynch mentioned that he may need copies of estate taxes, the death certificate , etc., things I don't have.
Mr. Edwin W. (Bill) Lynch Jr. can be reached at:
Lynch Properties Limited Partnership
6340 Brandon Avenue
Springfield, Virginia 22150
or
Guston Land Company
7514 Rambling Ridge Drive
Fairfax Station, Virginia 22039
(703) 569-4992
Sincerely, Anthony O'Connell "

 

1988

10
1988.01.06   (Judy Studebaker to Anthony O'Connell)
"Bill Lynch's letter dated December 28, 1987, stated that I would send you a copy of the contract with Mr. Higham's original signature if we had one. We do not have an extra copy with his signature, but I have made a copy of the page with his signature and the page with his acknowledgement, which are enclosed with this letter.
If you have any questions, please let me know.
Sincerely,"

11
1988.01.13   (Anthony O'Connell to Edward White)
I Anthony O'Connell telephoned Edward White to follow up on his 1987.12.28 letter to Edward White. No one answered so he left a message. The call was not returned. Additional calls were made and not returned. After Anthony O'Connell 's last attempt on April 19, 1988, two days before the scheduled settlement on April 22, 1988,  Anthony O'Connell drove from Saint Louis, Missouri, to Edward White's office in Alexandria, Virginia, to follow up on his 1987.12.28 letter to Edward White. Calls were made to Edward White from pay phones along the way but no one answered.

12
1988.02.22   (Wayne Lynch to Jean O'Connell)
"Dear Mrs. O'Connell:
Enclosed is our check for $100,082.94 which is the deposit required to confirm our Purchase Agreement dated December 24, 1987. Pursuant to instructions from Anthony M. O'Connell by letter dated December 28, 1987, the entire amount of the deposit is being disbursed directly to you. An adjustment will be made at closing to reflect the appropriate division of proceeds between you and the Trustees.
Please sign the enclosed receipt to verify that the payment has been delivered to you. This receipt will authorize the escrow agent to release the escrow deposit to Lynch Properties Limited Partnership. We will advise you as soon as a specific schedule for closing has been determined.
Sincerely,
LYNCH  PROPERTIES LIMITED PARTNERSHIP
Wayne M.Lynch
Enclosures: 2"
cc:
Mr. Anthony M. O'Connell
Mr. Herbert A, Higham
Mr. Mark C. Dorigan
McGuire Woods Battle & Boothe
P.0. Box 9346
McLean, Virginia 22102"
"Received from Lynch Properties Limited Partners hip payment i n
the amount of One Hundred Thousand Eighty-Two and 94/100 Do1 l a r s
($100,082.94), the same being the t o t a l amount o f deposit required
'to confirm the Purchase Agreement between Lynch Properties Limited
Partnership as Purchaser and Jean M. OIConnel 1, Anthony M. 0' Connell ,
Trustee, and Herbert A. Higham, Trustee, as Sellers f o r the property
described in said Purchase Agreement dated December 24, 1987.
Date: Feb. 22, 1988  
JMOC 
Jean Miner O'Connell"

13
1988.03.07   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.

14
1988.3.8 (Jean OConnell to Anthony OConnell)
"March 8, 1988
Dear Tony,
I am very sorry about out misunderstandings on the telephone Sunday.  I do appreciate all the effort, time and inconvenience you have put in the job of trustee and I know it will be a relief to you when both properties have been disposed of,  For me it is the end of a wonderful happy era.  If I could have chosen all over again I would have chosen the same place and constantly thank my lucky stars that I was able to stay here for so long. Hopefully all of you will be as happy in the environments you have chosen.  Not that all was a bed of roses but that is not normal anyway and by contrast makes the virtues of the good situations so much more satisfying and meaningful. It is very hard for me to give up my unique piece of land which is so full of interesting and beautiful plant and animal life. Even if I were able to maintain it it is time to seek a place where life has more people about.  Living alone tends to make me too self centered and I do not have the energy to keep up with the social life on my own.
Jean Mary and Sheila will both be here this weekend. If you would like to visit with them I'm enclosing the check you'll need.  Richard is coming to help me get some things ready to go.
Love Mother"

15
1988.03.14   (Anthony O'Connell to Jean O'Connell )
"Wow! I got a letter with a check for $1,000 from you today.  I didn't know that while I was in Springfield, so if I appeared rude by not thanking you, it's because I didn't know. Thank you.
I put the pink and blue rug in my bedroom, one white with flowers in the second floor hall, and the other white one in the first floor hall.  My dog loves to lie on it with the additional support of a very (?)   she thinks she's in heaven.
I brought the latest account of expenses & copy of the sales contract but forgot to give it to you - So I enclose it.
The blue coverlets (2) are perfect material. I put them on my 4 poster & there a bit too small. So I ' m going to sew them together and hang them on the wall. I have a friend who will help me with that. I love the blue color.
So I ' m enjoying arranging things.  Really looking forward to the Victorian sofa to put in the main bedroom with the balcony.
Love, Tony"

 

16
1988.03.15   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.

17
1988.03.17   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.

 

18
988.03.19   (Anthony O'Connell to Wayne Lynch)
"I understand Mrs. O'Connell's attorney, Mr. Ed White, ll8 South Royal Street, Alexandria, Virginia 22314,(703) 836-5444,will be working with you in preparing the settlement documents.
Would you please have copies sent to me in order that I may review them prior to my coming to Virginia? Would you be willing to make two seperate notes, ie., one for Mrs. O'Connell and one for the trust?
I look forward to meeting you at settlement.
Sincerely, Anthony O'Connell "

 

19
1988.03.21   (Anthony O'Connell to Jean O'Connell )
"How are you? Spring seems to be comming to Saint Louis. I have to file some Federal Tax forms concerning the trust and I need some information. Would you please send me:
1. Your social security number
2. Your name as it appears on your federal tax return
3. Your new mailing address.
I hope things are going well.
Love, Tony"

 

20
1988.30.28   (Anthony O'Connell to Virginia State Department for State forms) YES 1988 SALE
"I have been unsuccessful in reaching you by telephone.
Would you please send me all the necessary pubs. Forms, & instructions, phamlets, etc., that I may need in reporting trust income.  I am a co-trustee for a beneficiary who lives in Virginia.
I believe the comparable federal forms would be 1041, sck K-1, form 56, SS-4, sck D/1041, sck A&B (1041).
Please send me anything that might be even remotely related.
Sincerely, Anthony O'Connell "

 

21
1988.03.30   (Anthony O'Connell to Jean O'Connell )
"Enclosed is the accounting of trust expenses you requested. It is not official but probably 99.9% accurate. It does not include the real estate taxes due you as I don't have that information presently available.
If you have any questions, please call me.
I hope the move is going well. You seemed to have things under control when we all visited in March.
 See you at the closing. How about if I come by and drive you to the closing? Would you prefer that or meeting us there?
Love, Tony
PS
Also inclosed are official "to be filed" accountings, up tp Dec. 31, 1987."

 

22
1988.04.05   (Judy Studebaker to Anthony O'Connell)
"As requested by Bill Lynch, enclosed are three copies of the boundary survey of the property which we are purchasing.
Also enclosed is a copy of the metes and bounds description showing a total of 3.23987 acres of land. As provided in the contract, the total price will be adjusted at settlement.
Sincerely,"
"Dewberry & Davis
Architects Engineers Planners Surveyors
DESCRIPTION OF THE PROPERTY OF JEAN M. O'CONNELL, EXRS. LEE DISTRICT  FAIRFAX COUNTY, VIRGINIA
Beginning at a point marking the intersection of the Easterly right-of-way line of Frontier Drive (Route #2677) and the Southerly right-of-way line of Franconia Road (Route #644), thence with the Southerly right-of-way line of Franconia Road S 86' 51' 59" El 369.48 feet, to a point marking a Northwesterly corner of the property of the County School Board of Fairfax County; thence with the boundary of said School Board S 00' 49' 33" W, 374.84 feet to a concrete monument; and N 89' 10' 27" W, 369.18 feet, to a point on the aforementioned right-of-way line of Frontier Drive; thence with Said right-of-way line of Frontier Drive N 00' 49' 33" El 389,.72 feet to the point of beginning, containing 3.23987 acres of land''.
All being more particularly described on a plat attached hereto and made a part thereof. Given under my hand this twenty-fifth day of March, 1988. John T. Monaghan Certified Land Surveyor #815"

 

23
1988.04.08   (Stephen Hess to Edward White)
"Re: Sale of the O'Connell Property to Lynch Properties Limited Partnership
Dear Mr. White:
This will confirm our telephone conversation on April 6, 1988 in which we scheduled the settlement for the above captioned transaction for 10:00 a.m., April 21, 1988 at the Tysons Corner office of McGuire, Woods, Battle & Boothe.
A checklist with the various requirements for closing will follow.
Very truly yours,
Stephen B. Hess
cc:
Anthony M. 0'Connell, Trustee
Jean Miner 0'Connell
Bill Lynch
Wayne Lynch
E. A. Prichard, Esquire
Mark C. Dorigan, Esquire"

 

24
*1988.04.12 (*estimated) (Jean OConnell to Anthony OConnell)  
"Dear Tony,
This is the important stuff.  Didn't have time to go to the printers for a copy.
See you the 21st.(Editing note: "See you the 21st" probably refers to the real estate settlement scheduled for April 21, 1988)
Love,
Mother
"Rezoning Application RZ-86-L-073
Planning Com. Public
on Oct 1, 1987 at 8:15 p. m.
Board Room, A level of the
Massey Bldg. 4100 Chain
Bridge Rd. Fairfax, Va.
Bd of Superviors Public Hearing
On Oct. 19, 1987 at 4:00 p. m.
Same place.
RZ 86-L0-73 EGBA Limited
Partnership, application to
Rezone approx 261.80 acres
on West side of Beulah St, approx 700 ft south of it's
intersection with Crestleigh
Way from R-1 and NR to
PDH-4 and NR for residential
And related commercial uses and approval of the Conceptual Development Plan. Lee Dist. Tax Map 90-4((1))27
(Formerly known as 90-4-((1))-18,
pt. of 6) and 99-2 ((1)) 39A, 39B 39C, 39D.
Call Plan. Com. 703-691-2865
Bd. Of Supervisors 703-691-3151
To be placed on speakers list for hearing. For more details call 703-691-3387. Office Comprehensive Planning - Zoning Evaluation Div."

25
1988.04.14   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.

26
1988.04.15a   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.

27
1988.04.15b   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.

28
1988.04.15c   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.

29
1988.04.16a   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.

30
1988.04.16b   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.

31
1988.04.17   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.

32
1988.04.18   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.

33
1988.04.19   (Anthony O'Connell to Edward White)
I telephoned Edward White to follow up on my 1987.12.28 letter. No one answered so I left a message. My call was not returned.


1988.04.19    Event. (Anthony O'Connell begins drive to from Saint Louis, Missouri, to Alexandria, Virginia)
Anthony O'Connell drove from Saint Louis, Missouri, to Edward White's office in Alexandria, Virginia, to follow up on his 1987.12.28 letter to Edward White. He makes calls to Edward White from pay phones along the way, but has no record of it. No one answered at Edward White's office

 

34
1988.04.20   (Event, Anthony O'Connell arrives into Edward White's office)
I arrived at Edward White's office and asked him what was going on. He was not glad to see me and told me that if I didn't sign the deed as he wrote it, he would tell my mother [Jean O'Connell] that I was blocking the sale. He handed me a bill dated 1988.04.16, and I wrote a memo on it that said:
"Handed to me April 20, 1988, by Mr. White, in his office Anthony M. O'Connell "


1988.04.20   (Edward White to Jean O'Connell and Anthony O'Connell and H. A. Higham)     
 "Mrs. Jean O'Connell
Trustees of the Harold O'Connell Trust
To: EDWARD J. WHITE
For professional services rendered re: sale of 6541 Franconia Rd.
6.65 hours at $105.00 per hour                                                        698.25
express mail and long distance                                                          14.75
TOTAL                                                                                            713.00
DATE                                       ACTION                                     TIME
3/18/88                              Draft note & trust                               1.20
4/6                                     PC                                                        .10
4/11                                   PC                                                        .25
4/14                                   PC atty negotiation & redraft
                                          LDPC St. Louis                                  1.75      $ 4.00
4/15                                   Redrafting                                           1.00
4/16                                   Redrafting, PC, Exp mail                      .75      10.75
4/18                                   PC                                                         .10
4/19                                   Redrafting                                             .50
4/21                                   Settlement                                            1.00       _____
TOTALS                                                                                        6.65     $14.75

 

35
1988.04.21   (Edward White to Jean O'Connell)   
"Should reimburse! $ 603.67
"""""Mrs. Jean O'Connell
To: EDWARD J. WHITE
For professional services rendered re: sale of 6541 Franconia Rd.
12.15 hours at $105.00 per hour                                                    1285.75
express mail and long distance                                                          14.75
TOTAL                                                                                           1309.50
DATE                                       ACTION                                     TIME
3/18/88                              Draft note & trust                               1.20
4/6                                     PC                                                        .10
4/11                                   PC                                                        .25
4/14                                   PC atty negotiation & redraft
                                          LDPC St. Louis                                  1.75      $ 4.00
4/15                                   Redrafting                                           1.00
4/16                                   Redrafting, PC, Exp mail                      .75      10.75
4/18                                   PC                                                         .10
4/19                                   Redrafting                                             .50
4/20                                   OV A. O'Connell                          1.50
4/20                                   PC's redrafts                                        2.50
4/21                                   Settlement                                            2.50       _____
TOTALS                                                                                      12.15     $14.75
                                                                       Pd 4/21/88 by Jean M. O'Connell  E/W

 

36
1988.04.21   Settlement at the office of McGuire, Woods, Battle & Boothe
(Wayne Lynch and Edwin Lynch to Anthony O'Connell and H. A. Higham)
"You have requested financial information about Lynch Properties Limited Partnership in order to provide further assurance of the financial stability of Lynch Properties Limited Partnership. We are providing the attached tax map showing the location of property outlined in red owned without encumbrances by Lynch Properties Limited Partnership. This property consists of 56 acres located between Springfield Mall and the proposed Springfield Metro Station. .The estimated value of this property in 1988 exceeds $9,000,000.00. If it is valued at the same per square foot price as Mrs. O'Connell's property, it would have a market value in excess of $25,000,000.00.
We hereby certify that this information is to the best of our knowledge true and correct.
Very truly yours,"
(A copy of this is also in "bill lynch")

37
1988.04.21   (Deed)
DEED OF BARGAIN AND SALE
THIS DEED, made this 21st day of April, 1988, by and between JEAN MINER O'Connell, unmarried;and ANTHONY M. O'CONUELL and HERBERT A. HIGHAM, Trustees of the Trust established by the Will of the late Harold A. O'Connell, hereinafter called Grantors; and LYNCH PROPERTIES LIMITED PARTNERSHIP, a Virginialimited partnership, hereinafter called Grantee, provides:
That for $10.00 and other valuable consideration, the receipt of which is hereby acknowledged, the aforementioned Trustees hereby grant, bargain, sell and convey with Special Warranty, and the aforementioned Jean Miner O'Connell, hereby grants, bargains, sells and conveys with General Warranty oftitle unto the Grantee, the following real estate, located in Fairfax County, Virginia, containing 3.23987 acres:
Beginning at a point marking the intersection of the Easterly right-of-way line of Frontier
Drive (Route #2677) and the Southerly right-of-way line of Franconia Road (Route #644), thence with the Southerly right-of-way line of Franconia Road S 86 ° 51' 59" E, 369.48 feet, to a point marking a Northwesterly corner of the property of the County School Board of Fairfax County; thence with the boundary of said School Board S 00 ° 49' 33" W. 374.84 feet to a concrete monument; and N 89 ° 10' 27" W, 369.18 feet, to a point on the aforementioned right-of-way line of Frontier Drive; thence with said right-of-way line of Frontier Drive N 00 ° 49' 33" E, 389.72 feet to the point of beginning, containing 3.23987 acres of land.
AND BEING the same property conveyed to Harold A. O'Connell and Jean M. O'Connell, his wife, as joint tenants with the common law right of survivorship by deed recorded in Deed Book A-13 at Page 37. Whereas by deed of Partition recorded in Deed Book 4026 E 6 at Page 454, the property was reconveyed to Harold A. O'Connell as to an undivided one-half interest and to Jean M. O'Connell, as to an undivided one-half interest, whereas, Harold A. O'Connell died testate May 26, 1975, and by his Last Will and Testament recorded in Will Book 201 at Page 96, devised his interest to his executor Anthony M. O'Connell, Trustee) whereas Anthony M. O'Connell, Trustee; could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and instead.
This conveyance is made subject to all recorded conditions, restrictions and easements affecting the property hereby conveyed.
The Trustee Grantors covenant that they have the right to convey such lands to the Grantee; that they have done no act to encumber such lands. Jean Miner O'Connell covenants that she has the right to convey such lands to the Grantee; that she has done no act to encumber such lands; that the Grantee shall have quiet possession of such lands free from all encumbrances; and that she will execute such further assurances of such lands as may be requisite.
WITNESS the following .signatures and seals:
Jean Miner O'Connell (SEAL)
Anthony M. O'Connell (SEAL)
Herbert A. Higham (SEAL)
COMMONWEALTH OF VIRGINIA
COUNTY OF FAIRPAX, to-wit:
I, the undersigned Notary Public, for the jurisdiction aforesaid, do hereby certify that Jean Miner O'Connell, whose name is signed to the foregoing instrument bearing date of April
21, 1988, has acknowledged the same before me in my jurisdiction aforesaid.
Given under my hand this 21st day of April, 1988.
Lisa A. Overton
Notary Public
My Commission Expires:  10-15-91
COMMONWEALTH OF VIRGINIA
COUNTY OF FAIRPAX, to-wit:
I, the undersigned Notary Public, for the jurisdiction aforesaid, do hereby certify that Herbert A. Higham, Trustee, whose name is signed to the foregoing instrument bearing date of April 21, 1988, has acknowledged the same before me in my jurisdiction aforesaid.
Given under my hand this 21st day of April, 1988.
Lisa A. Overton
Notary Public
My Commission Expires:  10-15-91
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF FAIRFAX, to-wit:
I, the undersigned Notary Public, for the jurisdiction aforesaid, do hereby certify that Anthony M. O'Connell, Trustee, whose name is signed to the foregoing instrument bearing date of April 21, 1988, has acknowledged the same before me in my jurisdiction aforesaid.
Lisa A. Overton
Notary Public
My Commission Expires:  10-15-91

38
1988.04.21   (Deed in trust)
"DEED OF TRUST
THIS DEED OF TRUST made this 21st day of April, 1988, by and between E. W. LYNCH and WAYNE M. LYNCH, Trustees for LYNCH PROPERTIES LIMITED PARTNERSHIP, a  Virginia limited Partnership, acting under a certain trust agreement recorded among the land records of Fairfax County in Deed Book 5605 at page 1400; hereinafter referred to as "Borrower"; and EDWARD  J. WHITE of Alexandria  and
RICHARD G. WOLTMAN  of  Fairfax County, either of whom may act, hereinafter referred to as "Trustees""; and the Beneficiaries, Jean Miner O'Connell; and
Anthony M. O'Connell and Herbert A. Higham, Trustees under the trust established by the Will of Harold M. O'Connell; hereinafter collectively referred to as
"Noteholder", provides:
Borrower, in consideration of the indebtedness recited herein and the trust created herein, irrevocably grants and conveys to the Trustees, IN TRUST, with general warranty, the following described property located in the County of Fairfax, Virginia:
Beginning at a point marking the intersection of the Easterly right-of-way line of Frontier Drive (Route #2677) and the Southerly right-of-way line of Franconia Road (Route #644), thence with the Southerly right-of-way line of Franconia Road S86" 51' 59""" E, 369.48 feet, to a point marking a Northwesterly corner of the property of the County School Board of Fairfax County; thence with the boundary of said School Board  S 00" 49' 33" W. 374.84 feet to a concrete monument; and N 89"" 10' 27" W, 369.18 feet, to a point on the aforementioned right-of-way line of Frontier Drive; thence with said right-of-way line of  Frontier Drive N 00""""" 49' 33" E, 389.72 feet to the point of beginning, containing 3.23987 acres of land.
which has the address of 6541 Franconia Road, Springfield, Va. 22150.
Together with all improvements and fixtures now or hereafter erected on the property, and all easements, rights and rent (subject however to the rights given to the Noteholder herein to collect and apply such rents) now or hereafter attached to the property ("the property"),
TO SECURE to the Noteholder the repayment of the indebtedness evidenced by Borrower'''s two notes dated April 21, 1988.  Note No. 1 is in the principal sum of SIX HUNDRED TWENTY FIVE THOUSAND NINE HUNDRED FORTY and 86/100 Dollars ($625,940.86) with interest thereon.  Note No. 2 is in the principal sum of FIVE HUNDRED THIRTY FIVE THOUSAND FORTY SIX and 51/100 Dollars ($535,346.51) with interest thereon. Both of these notes provide for two annual payments of interest only, which payments shall be due on the first and second yearly anniversaries after the date of this instrument, with the balance due and payable thereafter in five equal annual payments of principal plus accrued interest thereon, the payment of all other sums, with interest thereon, advanced under the terms of this trust to protect the security of the trust; and the performance of the covenants and agreements of the Borrower.
This trust shall be due and payable in full with interest accrued on April 21, 1995.
Borrower covenants that he is lawfully seised of the property hereby conveyed and has the right to convey the property, that the property is unencumbered, and that the Borrower will warrant and defend the title to the property against all claims and demands, subject to any easements or restrictions of record listed in an any title insurance policy insuring Noteholder ' s interest.
The Borrower, for himself and his successors and assigns, covenants and agrees as follows:
1. Payment. That he will pay when due, the indebtedness secured hereby, and all taxes, assessments and charges relating to the property, and all other sums required to be paid by him under the terms of the note or this Deed of Trust, including costs, expenses and attorney's fees incurred by the Trustees or the Noteholder with respect to this trust, the note or the property herein described; and in the event of default of any payment, the Noteholder may pay the same and any sum so paid shall be added to the debt hereby secured, shall be payable on demand, and shall bear interest at the rate specified in the note secured hereby.
2. Application of payments. All payments after the first two annual payments of interest, shall be applied first to the interest due and then to the principal of the note.
3. Borrower not Released. Extension of time for payment or modification of any amortization schedule to any successor in interest of Borrower shall not operate to release in any manner, the liability of the original Borrower or his successors in interest.
4. Duties of the Trustees. The Trustees, without obtaining the prior consent of the Noteholder, shall upon request, release from this trust without curtailment and at no cost to Borrower, land to be dedicated to public use including, but not limited to: streets, public utilities, sanitary sewer, water, storm sewer, etc.; and in addition, the Trustees shall sign such plats of subdivision and resubdivisions as desired by Borrower as long as said subdivision and resubdivisions met the requirements of Fairfax County.
5. Successors and Assigns. All terms herein shall be binding upon all of the respective successors and assigns of the Borrower and Noteholder.
6. Preservation of Property. That he will keep the property in as good order and condition as they are now and will not commit or permit any waste thereof, reasonable wear and tear excepted; and that he will not act or fail to act in any manner which will jeopardize the lien of the Deed of Trust. It is the intent of the Borrower to demolish the existing dwelling house on the property to enable Borrower to improve the property. If the property is a condominium or other property subject to Owner's Association covenants, regulations and by-laws, Borrower shall perform all obligations under such documents.
7. Insurance. That he will maintain liability insurance on the property in the amount of $1,000,000.00, and will pay, when due any premiums. All insurance shall be carried in companies reasonably approved by the Noteholder and the certificates of insurance shall be held by the Noteholder and shall contain loss payable clauses in favor of the Noteholder.
8. Condemnation. That the proceeds of any award or claim for damages in connection with any condemnation or other taking of the property, or part thereof, or for conveyance in lieu of condemnation are hereby assigned to the Noteholder.
In the event of a total taking of the property, the proceeds shall be applied to the indebtedness with any excess paid to the Borrower. In the event of a partial taking of the property, unless Borrower and Noteholder otherwise agree in writing, there shall be applied to the indebtedness such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this trust immediately prior to the date of taking bears to the fair market value of the property immediately prior to the date of taking with the balance of the proceeds paid to the Borrower.
Unless otherwise agreed in writing such application of condemnation proceeds to the sums due on this trust shall not extend the due date of payments or change the amount of such payments.
9. Inspection.  Noteholder may make or cause to be made, reasonable inspections of the property upon prior notice to Borrower specifying the reasonable cause therefor.
10. Assignments of Rents. As additional security, Borrower hereby assigns to Noteholder the rents of the property, provided that Borrower shall prior to acceleration or abandonment of the property, have the right to collect and retain such rents as become due and payable. Noteholder shall be liable to account only for those rents actually received.
11. Transfer of Property; Assumption. If all or any part of the property or an interest therein is sold or transferred by Borrower without Noteholder's prior written consent, excluding: (a) the creation of a lien subordinate to this trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant (d) the grant of a leasehold interest of three years or less not containing an option to purchase; (e) a transfer or sale to a partnership or joint venture in which borrower is a partner or joint venturer; Noteholder may at its option, declare all sums secured hereby immediately due and payable.
NOTICE; THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY CONVEYED. SUBJECT TO THE PROVISIONS ABOVE.
12. Default and Foreclosure. Failure by the Borrower to perform any of his obligations under this trust or under the note shall constitute a default and all indebtedness secured shall become immediately due and payable in full at the option of the Noteholder upon written notice to the Borrower of default and acceleration. Any time thereafter, at the request of the Noteholder, the Trustees shall sell the property at public auction, at such time and place and upon such terms and conditions as the Trustees shall deem best for the interest of all concerned. Advertisement shall be for four successive weeks in a newspaper of general circulation in the county or the city in which the property is located. The Trustees may postpone the sale by public announcement at the time and place of any scheduled sale or by advertising the postponement for two successive weeks in a newspaper as defined above. In case of default by the purchaser, the Trustees shall resell upon such public notice as they shall determine.  Upon compliance by the purchaser with the terms of sale, and upon judicial approval as may be required by law, the Trustees shall convey such land in fee simple with Special Warranty to the purchaser at his cost. The purchaser shall not be liable to see to the application of the purchase money.
From the proceeds of sale shall be paid: FIRST, all costs including but not limited to court costs, advertising costs, auctioneer's fees, title correction expenses, bond premiums and attorney's fees, and all monies advanced for taxes, assessments and insurance, with interest thereon at the rate specified in the note. The trustees shall be entitled to a commission of 5% of the sale price; SECOND, to pay the unpaid principal balance of the note, whether the same shall be due or not; THIRD, to pay in priority, liens of record against the property; FOURTH, to pay any sums of the sale proceeds as shall remain to the Borrower, his heirs and assigns.
If the property is advertised for sale and not sold, the Borrower shall pay all costs in connection therewith as such costs are delineated  above,  AND a Trustees' commission of 2 Y % of the unpaid principal, and the same  shall be secured in a like manner as other expenses relating to the execution of this trust and bear interest at the rate stated on the note. In no event shall the total commissions to the Trustees exceed 5% of the sale price of the property.
Upon a sale by the Trustees, a bidders deposit of 10% of the original indebtedness may be required.
13. Forbearance by Noteholder not a wavier. Any forbearance by Noteholder in exercising any right or remedy shall not constitute of waiver of such rights or remedies.
14.  Remedies Cumulative.  All remedies herein provided are distinct and cumulative to any other right or remedy under this trust or afforded at law or in equity and may be exercised concurrently, independently or successively, including the right of the Noteholder to sue for a deficiency judgment after foreclosure in the event the debt is not satisfied therein.
15. Substitution of Trustees. The Noteholder may in its discretion remove the Trustees and appoint new Trustees according to law.
16. Release. Upon payment of all sums secured hereby, the Borrower shall be entitled to release of the lien of this Trust and return of any note. Borrower shall pay the Noteholder's fee for release and the recording fee for the release.
17. Homestead Exemptions. Borrower hereby waives the benefit of all Homestead Exemption laws to the extent that such laws may be waived.
18. Construction. In the construction of this instrument, when reference is made to the parties herein, the singular shall encompass the plural, and the masculine gender shall encompass the feminine and partnerships, Trustees and corporations.
19. Non Recourse Loan. Not withstanding anything herein to the contrary, Borrower and its partners shall have no personal liability for the payment of the Note, and Noteholder shall look solely to the property and other assets conveyed by this Deed of Trust and to the security provided by other instruments securing the Note and proceeds thereof for the payment of all indebtedness, However, the foregoing shall not be deemed to preclude an action for specific performance or injunctive relief, nor shall Noteholder be deemed prohibited from naming Borrower and/or its partners in any action to enforce its remedies hereunder (subject to the foregoing exculpation from personal liability).
The foregoing limitations of Borrower's and its partners' personal liability shall not impair the validity of the Note or the lien created hereby or the right of the Noteholder and the Trustees to foreclose and/or enforce rights with respect to the property and other assets encumbered hereby.
20. Law Controlling. This Deed of Trust shall be governed by the laws of the Commonwealth of Virginia.
WITNESS the following signature and seal:
LYNCH PROPERTIES LIMITED PARTNERSHIP
By E.W. Lynch Jr. Trustee (SEAL)
      E.W. Lynch Jr. Trustee
By Wayne M. Lynch, Trustee (SEAL)
     Wayne M. Lynch, Trustee
COMMONWEALTH OF VIRGINIA,
COUNTY OF FAIRFAX, to wit:
The foregoing Deed of Trust dated April 21, 1988 was acknowledged before me, a Notary Public, for the jurisdiction aforesaid, by E. W. Lynch, Jr., Trustee, on behalf of LYNCH PROPERTIES LIMITED PARTNERSHIP, this 21st day of April, 1988.
Lisa A. Overton (seal)
Notary Public
My commission expires: 10-15-91
COMMONWEALTH OF VIRGINIA,
COUNTY OF FAIRFAX, to wit:
The foregoing Deed of Trust dated April 21, 1988 was acknowledged before me, a Notary Public, for the jurisdiction aforesaid, by E. W. Lynch, Jr., Trustee, on behalf of LYNCH PROPERTIES LIMITED PARTNERSHIP, this 21st day of April, 1988.
Lisa A. Overton (seal)
Notary Public
My commission expires: 10-15-91

 

39
1988.04.21   (Note 1)
"DEED OF TRUST NOTE NO. 1
$625,940.86
McLean, Virginia
April 21, 1988
FOR VALUE RECEIVED, the undersigned promises to pay to the order of JEAN MINER O'CONNELL the principal sum of SIX HUNDRED TWENTY FIVE THOUSAND NINE HUNDRED FORTY and 86/100 Dollars($625,940.86) with interestthereon computed at the rate of nine per cent (9%) per annum at such place and to such persons or entities, as the holder shall designate, in two annual payments of interest only, which payments shall be due on the first and second yearly anniversaries after the date of this instrument, and with the balance due and payable thereafter in five equal annual payments of principal plus accrued interest thereon, which payments shall be due and payable on the third, fourth, fifth, sixth and seventh anniversary dates thereafter.
The entire sum of principal and interest shall be due and payable in full on April 21, 1995.
If any installment of principal and/or interest under this note is not paid when due and remains unpaid after a date specified by notice to the borrower, the entire amount of principal and unpaid interest shall be due and payable in full at the option of the holder. The date specified shall not be less than thirty (30) days from the date the notice is mailed. In the event that suit is brought to collect this note, the holder shall be entitled to collect all the costs of such suit, including, but not limited to reasonable attorney's fees.
The borrower shall pay to the holder a late charge of 5% of any installment not received by the holder within 15 days of the date the installment is due.
The undersigned reserves the privilege of prepaying this Note in full or in part at any time without premium or fee for such prepayment.
Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers hereof and shall be binding upon them and their successors and assigns.
Notwithstanding any other provisions herein contained to the contrary, the undersigned shall have no personal liability for payment of the principal or interest of this Note. This provision shall not release the undersigned from liability for the performance of its other obligations hereunder.
This Note shall be governed by the laws of the Commonwealth of Virginia.
LYNCH PROPERTIES LIMITED PARTNERSHIP
By E.W. Lynch Jr. General Partner (SEAL)
      E.W. Lynch Jr., General Partner
By Wayne M. Lynch General Partner (SEAL)
     Wayne M. Lynch, General Partner
This is to certify that this is the Note described as Note No. 1, in a Deed of Trust dated April 21, 1988 on property located in Fairfax County, Virginia.
Lisa A. Overton (seal)
Notary Public
My commission expires: 10-15-91
This is a certified true copy of the original Deed of Trust Note No. 1. Certified on this first day of October, 1991.
Lamera Ramey-Eken (?) (seal)
Notary Public
My commission expires on March 20, 1992

 

40
1988.04.21   (Note 2)
"DEED OF TRUST NOTE NO. 2
$535,346.51
McLean, Virginia
April 21, 1988
FOR VALUE RECEIVED, the undersigned promises to pay to the order of ANTHONY MINER O'CONNELL AND HERBERT A. HIGHAM, Trustees under the trust established by the Will of Harold M. O'Connell; the principal sum of FIVE HUNDRED THIRTY FIVE THOUSAND THREE HUNDRED FORTY SIX and 51/100 Dollars 535,346.51) with interestthereon computed at the rate of nine per cent (9%) per annum at such place and to such persons or entities, as the holder shall designate, in two annual payments of interest only, which payments shall be due on the first and second yearly anniversaries after the date of this instrument, and with the balance due and payable thereafter in five equal annual payments of principal plus accrued interest thereon, which payments shall be due and payable on the third, fourth, fifth, sixth and seventh anniversary dates thereafter.
The entire sum of principal and interest shall be due and payable in full on April 21, 1995.
If any installment of principal and/or interest under this note is not paid when due and remains unpaid after a date specified by notice to the borrower, the entire amount of principal and unpaid interest shall be due and payable in full at the option of the holder. The date specified shall not be less than thirty (30) days from the date the notice is mailed. In the event that suit is brought to collect this note, the holder shall be entitled to collect all the costs of such suit, including, but not limited to reasonable attorney's fees.
The borrower shall pay to the holder a late charge of 5% of any installment not received by the holder within 15 days of the date the installment is due.
The undersigned reserves the privilege of prepaying this Note in full or in part at any time without premium or fee for such prepayment.
Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers hereof and shall be binding upon them and their successors and assigns.
Notwithstanding any other provisions herein contained to the contrary, the undersigned shall have no personal liability for payment of the principal or interest of this Note. This provision shall not release the undersigned from liability for the performance of its other obligations hereunder.
This Note shall be governed by the laws of the Commonwealth of Virginia.
LYNCH PROPERTIES LIMITED PARTNERSHIP
By E.W. Lynch Jr. General Partner (SEAL)
      E.W. Lynch Jr., General Partner
By Wayne M. Lynch General Partner (SEAL)
     Wayne M. Lynch, General Partner
This is to certify that this is the Note described as Note No. 1, in a Deed of Trust dated April 21, 1988 on property located in Fairfax County, Virginia.
Lisa A. Overton (seal)
Notary Public
My commission expires: 10-15-91

41
1988.04.21   (Lisa Overton, notarized affidavit for IRS)
 (See copy in pdf reference)

42
1988.04.21   (Lisa Overton, notarized owner's affidavit)
 (See copy in pdf reference)

43
1988.04.21 (Coldwell Banker (Lisa Overton), settlement statement)
(See copy in pdf reference)

44
1988.04.21  (Coldwell Banker (Lisa Overton), authorization to disburse)
"COLDWELL BANKER SETTLEMENT AND TITLE SERVICES
NANCY D. WHITE President
TO: Coldwell Banker Settlement and Title Services
We hereby authorize and direct Coldwell Banker Settlement and Title Services to disburse the total proceeds from the sale of the above referenced property in the following manner:
ONE wire transfer IN THE AMOUNT OF $114,034.67 MADE TO the account of "Trust under will of H.A. O'Connell" at Boatmens National Bank
ONE CHECK IN THE AMOUNT OF $33,249.31 MADE PAYABLE TO Jean M. O'Connell"

45
1988.04.22 (Lisa Overton to Jean O'Connell)
"Pursuant to our conversation of yesterday, enclosed please find our check in the sum of $33,249.31, which represents proceeds of the above referenced sale.
Please call me if you have any questions, or if I may be of further assistance at this time.
Sincerely, Lisa Overton
Vice President
Commercial Closings"

 

46
1988.04.22+? (Coldwell Banker (Lisa Overton), IRS forms 1099-S)
(See copies in pdf reference)

 

1988.05.16 (Certificate of qualification of trustees)
State of Virginia
County of Fairfax Fiduciary No, 21840
I, Warren E. Barry, Clerk of the Circuit Court of Fairfax, County, Virginia, the same being a Court of Probate and of Record and having a seal, do hereby certify that it appears of record in my office pursuant to law that Anthony M. O'Connell & Herbert Anderson Higham have been duly appointed Trustees of the Trust established under the will of: Harold A. O'Connell and that they have duly qualified as such by taking the oath prescribed by law and by entering into and acknowledging a bond in the penalty of eight hundred forty two thousand dollars /without surety.
I further certify that the said appointment and qualification is still in force and effect and has not been revoked.
In testimony whereof I have hereunto set my hand, and affixed the seal of the Court hereto, at Fairfax, Virginia this 16th day of May, 1988
Warren E. Barry, Clerk
By Kathy Purnell(?) Deputy Clerk"

1989

47
1989.04.24   (Anthony O'Connell to Jean O'Connell) (Copies to Jean Nader, Sheila O'Connell, Joanne Barnes and Edward White), payment schedule
"Enclosed is a check for $36,040.06, the net income from the trust.  Your next check should be shortly after April 21, 1990."
(Editor's note: See this letter in .pdf for the lines and columns of numbers that are not included here)
Love, Anthony O'Connell , trustee"

1990


1990.04.24   (Wayne Lynch to Anthony O'Connell)
"The interest on your note was due April 21, 1990. We left messages on your telephone answering machine on Thursday, April 19, and Friday, April 20, 1990. Your last instructions were to wire the funds to Boatmen's National Bank in St. Louis, Missouri. We wanted to be sure this account was still open. Not hearing from you, we called the bank today and were advised that the account is no longer open.
Since we have had no instructions from you, enclosed is a check for $48,181.18, covering the interest now due.
Sincerely,"

1991

48
1991.03.15   (Edward White to Anthony O'Connell) (Copy to Jean O'Connell)
"Subsequent to our telephone conversation this morning, I reviewed my files in the cases involving Mrs. O'Connell. 
I find that I did indeed mail you a copy of the Limited Power of Attorney along with my letter to you of September 12, 1988.  I am enclosing another copy of the Limited Power of Attorney and a copy of the letter I sent you.  You may not have received it; however, it was not returned to me by the Post Office. 
In regard to your inquiry as to why, in 1988, there came a time when I refused to deal with you on the sale, as I said, I recalled that a conceivably adverse relationship had developed between you and your mother concerning the sale. I call your attention to the sixth paragraph in your letter to her of December 8, 1987, a copy of which is enclosed.   As to your complaint that I did not share the sale documents with you, I call your attention to my letter to you of April 16, 1988 in which the deed, note and trust were sent to you.  A copy of that letter is enclosed. 
On April 19, 1988 you appeared in my office and stated that you refused to settle on the next day.  We did not have a happy discourse.  We did discuss the sale and I asked you if you had any other questions. 

I am somewhat puzzled as to why all this is re-surfacing and after reviewing my file and my notes, am not at all comfortable with continuing the dialogue.
Sincerely, Edward J. White"

Enclosure 1 of 2:
1987.12.08   (Anthony O'Connell to Jean O'Connell ) (Copies to Edward White, H. A. Higham, Sheila O'Connell and Jean Nader)
"Thank you for your phone call yesterday telling me about your plans to move. I know it is a heart wrenching experience f o r you t o leave the home you have put so much of yourself into over the past fifty years. I congratulate you again or your decision.
On thinking further of our discussion about controlling the destiny of the house, I feel strongly that deed restrictions or soliciting public support t o move the house will only result in obstructing a successful sale.
No one, especially the county, is going to spend $300,000 t o $400,000(?) to have it moved so you can make a better profit. If the county did any thing, they would preserve it in situ, perhaps acquiring the land by eminent domain, a logical extension of the Forestdale School playground. I feel when the county did take seven of your ten acres by eminent domain for Forestdale School, they would have taken the entire property if they knew you were not going to live in the house. They did not do you any favors then by compensating you at $7,000/acre and they are not going to do you any favors now.
At the very least, publicly bringing up the historical significance of the house when you are trying to sell it will make a prospective buyer think very hard about the rezoning battle.
I feel any negotiations concerning the house itself should best be done in private between you and the interested buyer. You also have final control by not selling t o a buyer whose plans you find unsuitable. If you cared enought, a successful sale may give you enought money to have the house moved at your expense.
I am disappointed that you apparently do not want me involved in this transaction. As near as I can determine, you are concerned that I will block the sale. Please tell me of you specific concerns and maybe we will all have a more pleasant and. successful experience.
If I had any alternative I would not say this - To get a successful sale and to minimize what I know is an incredibly painful experience for you-Walk away from the house and don't look back. Remember it as it was. It is the new owners responsibility and it is lifted from your shoulders.
With respect to your urgency in selling, I am driving to Virginia tomorrow. I can be reached at the home of
Rosemary Haly
220 Wildman 3NE
Leesburg, Virginia 22075
(703) 777-6371
Sincerely, Anthony O'Connell "

Enclosure 2 of 2:
1988.04.16   (Edward White to Anthony O'Connell) (No copy to another) (I did not know of this until I drove from Saint Louis, Missouri, to see Edward White in his office on April 20, 1988. This is the first letter I received from Edward White)
"Re: O'Connell to Lynch Properties
Dear Mr. O'Connell,
Enclosed for your signature before a notary public is the original deed. Please date it on the first line and return it to me immediately by express mail. Also enclosed for your review are copies of the note deed of trust.
Sincerely, Edward J. White"

 

49
1991.04.21 Lynch payment of $126,188 not reported to IRS

1992

50
1992.03.11   (Wayne Lynch to Anthony O'Connell)
"Dear Tony:
This letter will serve as notice that Lynch Properties Limited Partnership plans to pay the balance o f your note April 21, 1992. $428,277.21, and interest of $38,544.35, total $466,822.16.
McGuire, Woods, Battle & Boothe will be handling the payment of the note and the necessary papers to have the note released. You will be hearing from them.
Sincerely,
LYNCH PROPERTIES LIMITED PARTNERSHIP
Wayne M. Lynch
cc:
E. A. Prichard
McGuire, Woods, B a t t l e & Boothe
P. O.Box 9346
McLean, Virginia 22102"

 

51
1992.03.20   (Jeannette Oken to Anthony O'Connell)
"Re: Harold O'Connell Note
Enclosed herewith please find a certificate of satisfaction which has been prepared in conjunction with the release of the deed of trust securing the note payable to Anthony
M. O'Connell and Herbert A. Higham, Trustees under the trust established by the Will of Harold M. O'Connell.
A copy of your letter of March 12, 1992 setting forth the amount due to pay the note in full as of April 21, 1992 has been forwarded to us by Mr. Lynch.
I have been told by Mr. E.A. Prichard of our office that it is his understanding that Herbert A. Higham resigned as Trustee some time ago. I will need a copy of his resignation to attached to the Certificate of Satisfaction which will be recorded to release the lien of the Deed of Trust.
Please execute the enclosed certificate of satisfaction, have your signature notarized, and return to our office along with the original note marked "Paid In Full" to be held in escrow pending receipt of the necessary funds from Mr. Wayne Lynch to pay the note in full. On April 21, 1992 the sum of $466,822.15 will be wired into your account, the certificate of satisfaction will be recorded among the land records of Fairfax County, Virginia and the original paid note will be delivered to Mr. Lynch. We have your deposit slip which provides all of the information needed to wire the funds to your account.
A self-addressed envelope is attached for your use in returning the executed and notarized certificate of satisfaction, the resignation of Mr. Higham, and the original paid note, Should you have any questions regarding this matter, please give me a call at 703/712-5367."
1988.03.23   (Certification of Satisfaction)
"CERTIFICATE OF SATISFACTION (B)"   (See copy in pdf)

 

52
1992.03.30   (Anthony O'Connell to Edward White) (Copy to Jean Nader)
"I have a few questions I hope you would be kind enough to answer.
1. As you know, the Lynch Limited Partnership plans to pay my Mother's estate $545,820.43 on April 21, 1992. What is your best guess as to when and in what amount(s) you will make distribution(s) to the beneficiaries?
2. The license plates on my deceased Mother's Van expire in April of 1992. Virginia DMV requires a new title with the new owners name before they will issue new plates {The plates cannot be renewed by the co-executors signing for Jean O'Connell). The bank will give the co-executors the title if you simply pay them the interest on the loan. I understand the principal on the loan has been paid and I am guessing that the interest is something in the range of $1200 to $1400. Would you please pay the bank the interest so they will give you the title? What is your decision as to who gets the van and how much will it costs?
3. What is your fee for being co-executor of my mother's estate?
Yours truly, Anthony O'Connell "

 

53
1992.04.04   (Edward White to Anthony O'Connell) (Copy to Jean Nader)
"I have received your letter of March 30, 1992.
The answers are: 
Question 1. As soon as the money is received, the tax liabilities evaluated and upon consultation with the Co-Executor.
Question 2. Paid. It is not my decision as to what it will cost you, though I have been informed that you know full well.
Question 3.  2 Y % of the receipts into the probate estate if approved by the Commissioner of Accounts.
I would call to your attention that on two separate occasions I drove to Sovran and spent a lengthy period of time on the question of the car loan. I did this in person since: I knew that you had the vehicle, that your sisters wanted you to have it, that the insurance and tags were due to expire soon and I did not want you to be inconvenienced. I could have done all of this by mail and it probably would have taken about three months, knowing the nature of the loan problem. I assumed I was doing you a favor.
Now I receive you letter asking that I "simply pay them the interest" I paid the interest and principal in one check on March 12, received the title on March 22 and mailed it to Mrs. Nader to sign over to you on March 23. Have you any suggestions as to how it could have gone faster?
The information of the commission was given to you previously by Mrs. Nader.
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.
Sincerely, Edward J. White"

54
1992.04.21 Lynch payment of $545,820 not reported to IRS

55
1993.09.20 certified   (Anthony O'Connell to the Virginia Bar)
"To Whom It May Concern:
My fourteen page complaint with forty-four enclosures was dismissed
as having "no basis in fact" without allowing me the opportunity to
respond. In defense of myself and future families of-Virginia, I
would like to offer one illustration why I feel this is unjust.
Concerning the $1.41 million purchase agreement I made and later
hired Mr. White to handle, your investigator was:
"firmly convinced that Mr. White took no part in that 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."
Mr. White's enclosed bills for services for this sale, with his
initials, state:

  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."

 

56
1993.11.01 (James McCauley to Anthony O'Connell)
Virginia State Bar
Eighth and Main Building
707 East Main Sheet, Suite 1500
Richmond, Virginia 23219-2803
Telephone: (804) 775-0500
FacsimUe: (804) 775-0501 TDD: 1804) 775-0502
November 1, 1993
PERSONAL AND CONFIDENTIAL
Mr. Anthony M. O'Connell
654.1 Franconia Road
Springfield, Virginia 22 150
RE: In the Matter of Edward J. White
VSB Docket #93-042-0976
Dear Mr. O'Connell:This letter is in response to your certified letter dated September 20, 1993, which was received in this office on September 23, 1993. As you know, the basis for my dismissal of your complaint was the absence of an attorney-client relationship,between you and the Respondent. Nothing you have submitted to me under cover letter dated September 20, 1993 changes my conclusion.
The copy of Mr. White's fee statement shows an entry: "4120 OV A. O'CONNELL." The fact that you had an office visit with Mr. White does not create an attorney-client relationship. I note that the fee statement dated April 16, 1988 is sent to Mrs. Jean M. O'Connell and I believe that your mother is the client in this particular matter, not you.Your original complaint alleges that the Respondent handled your mother's estate incompetently. I do not believe you have standing to complain, because you are not a. client of Mr. White. The second enclosure, a list of your unreturned telephone calls to Mr. White, 'also does not change my conclusion. Unless you can show that you are a client of Mr. White, Mr. White'was under no ethical.duty or mandate to return your telephone calls. 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, and1 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.
Finally, you indicate that Mr. White, over a period of seven years, has made defamatory and divisive statements which you consider to be far more damaging than the issue regarding the real estate settlement. 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.I am truly sorry that I cannot advance your claims .or interest, however, I must stand on my original decision to dismiss your complaint. I trust that you will appreciate my explanation, although you disagree with it.Very truly yours,
James M. McCauley
Assistant Bar Counsel
JMM/dls

2007

57
2007.06.13   7.00am   (Anthony O'Connell to Lisa Overton and Steve Blizzard)
"Would you please answer these questions?
(1) The attached copy of Ms. Overton's letter to my mother dated April 22, 1988, shows she handled the settlement for my 1988 sale. I was surprised to be told the day before settlement that I had to sign a deed that said I could not qualify as Trustee. The attached six documents show I qualified as Trustee in 1986. Where does it say in the Court records that I could not qualify as Trustee? I am concerned that something similar may happen again.
(2) Does Stewart Title find the following legal description in the real estate tax records for parcel 0904 01 0017 correct: "ACCOTINK STATION WB201 109 DB8307-1446 DB8845-1444 DB8845 -1449"? Please read the documents. Please give me a yes or a no.
(3) Why does Stewart Title allow someone not from Stewart Title to respond to questions for Stewart Title?
Anthony O'Connell , Trustee for parcel 0904 01 0017"

 

58
2007.06.14  10:21am   (Lisa Overton to Bill Lynch, Anthony O’Connell, Steve Blizzard, and Lisa Overton) omit second page?
"Yes, that is me from 1988 -can't believe how old you are making me feel, and I can honestly tell you that I do not remember that specific 1988 case.
Having said that however, when I look at the documents you attach, you did in fact sign the deed as a Trustee, the qualification simply required that a
Co-trustee also sign since you were not a resident of Virginia. I do not recall which firm we were using in 1988 to prepare our deeds, we have used quite a few different firms in the past, but it looks as though in the derivation of title paragraph that you underline they simply tried to consolidate the statement of facts. Perhaps they should have been more clear and said that Mr. Higham was appointed WITH you as co-trustee and not in your place.
There is no requirement for a Trustee under a land trust to be a Virginia resident; therefore it is a non issue in this case.”