The public needs a free press to show them how this accounting fraud works. Their signature cover is to divide and conquer the family they victimize. They make it appear as if the family destroyed itself fighting over money. Please understand that they intentionally destroy your family to coverup their accounting.

 

Divide and conquer
June 20,1986 - November 11,1993

Lawyer usurps Trustee's 1988 sale.

  1)  1986.06.20  Anthony O'Connell qualifies as Trustee, Certificate of qualification
  2)  1987.12.08  Anthony O'Connell letter to Jean O'Connell (Lawyer has Jean O'Connell tell me not to come.)
  3)  1987.12.04  Anthony O'Connell sales contract
  4)  1987.12.28  Anthony O'Connell letter to Eward White
  5)  1988.03.19  Anthony O'Connell letter to Wayne Lynch (Make separate notes.)
  6)  1988.04.14 - 1988.04.19  Anthony O'Connell's unreturned phone calls to Edward White.
  7)  1988.04.20  Anthony O'Connell drives to Edward White's Office.
  8)  1988.04.21  Deed prepared my Edward White saying Anthony OConnell could not qualify as Trustee
  9)  1988.04.21  Deed of Trust prepared by Edward White naming himself and an unknown as Trustees.
10)  1988.04.21  Deed of Trust Note 1 prepared by Edward White for $625,940.86
11)  1988.04.21  Deed of Trust Note 2 prepared by Edward White for $535,346.51
12)  1988.05.16  Anthony O'Connell still qualified as Trustee, Certificate of qualification
13)  1991.03.15  Edward White: "...there came a time when I refused to deal with you on the sale..."

Lawyer uses our innocent sister to unwitting destroy our family.

14)  1992.03.30  Anthony O'Connell to Edward White - "..plans to pay my Mother's estate $545,820.43 ..".
15)  1992.04.04  Edward White to Anthony O'Connell - ".. please address all correspondence to Mrs. Nader..".
16)  1992.04.21  $545,820.43 is paid to the Estate. But only $26,917.17 is recorded
17a)  1992.04.22  Edward White urges my sister to take me to Court for the CPA's accounting.  Not a joke.
17b)  1992.04.29  CPA's bill for services.
18)  1992.05.19  Edward White frames me with the accounting entanglements planted by the CPA.
19)  1993.11.01  The Virginia Bar does not require Edward White to take an accountable position on anything.

1

Qualification of Trustees

1986.06.20
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 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 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

2

Our Mother is instructed to tell me to not get involved with the sale of Trust property.
Setup one family member against another. Divide and conquer is the fraudsters signature weapon and cover.


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 for you to 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 Forrestdale 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 "

3

Sales contract

This is the sales contract I negociated with the Buyer. It drives the sale.
The "Seller" is a singe legal entity and Anthony M O'Connell, Trustee, is the point of contact for the "Seller"

1987.12.24   (Purchase Agreement)
"PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this 24th day of December1987, by and between JEAN MINER, 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."
[Anthony O'Connell's  note: Please see the pdf version for the last three pages (signature and notary pages). To minimize file size, Exhibit A, a map, is not included in the Word or pdf version]

 

4

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 "

TELEPHONE CALLS START

1988.01.13   (Anthony O'Connell to Edward White)
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.

1988.03.07   (Anthony O'Connell to Edward White)
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.

1988.03.15   (Anthony O'Connell to Edward White)
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.

1988.03.17   (Anthony O'Connell to Edward White)
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.

1988.03.18   (Anthony O'Connell to E. A. Prichard)
"The enclosed contract is for the Accotink property we discussed on January 27, 1988. Would you be willing to look it over and give me your comments?
Yours truly, Anthony O'Connell "

5

1988.03.19   (Anthony O'Connell to Wayne Lynch) (Copy to Allan Goldstein)
"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 "

6

1988.04.14   (Anthony O'Connell to Edward White)
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.

1988.04.15   (Anthony O'Connell to Edward White)
Anthony O'Connell telephoned Edward White. No one answered so he left a message. The call was not returned.

1988.04.15   (Anthony O'Connell to Edward White)
Anthony O'Connell telephoned Edward White. No one answered so he left a message. The call was not returned.

1988.04.15   (Anthony O'Connell to Edward White)
Anthony O'Connell telephoned Edward White. No one answered so he left a message. The call was not returned.

1988.04.16   (Anthony O'Connell to Edward White)
Anthony O'Connell telephoned Edward White. No one answered so he left a message. The call was not returned.

1988.04.16   (Anthony O'Connell to Edward White)
Anthony O'Connell telephoned Edward White. No one answered so he left a message. The call was not returned.

1988.04.16   (Anthony O'Connell to Edward White)
Anthony O'Connell telephoned Edward White to follow. No one answered so he left a message. The call was not returned.

1988.04.18   (Anthony O'Connell to Edward White)
Anthony O'Connell telephoned Edward White. No one answered so he left a message. The call was not returned.

1988.04.19   (Anthony O'Connell to Edward White)
Anthony O'Connell telephoned Edward White No one answered so he left a message. The call was not returned.

7

1988.04.20    (Anthony O'Connell to Edward White)
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

TELEPHONE CALLS END

1988.04.16(?) Divided bills from Edward White to Seller, See pdfs

8

Deed

1988.04.21   (Deed) (I did not know of this until I drove from Saint Louis, Missouri, to catch/see Edward White in his office on April 20, 1988)
"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'CONNELL 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 Virginia limited 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 of title 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 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 stead.
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, Trustee (seal)
Herbert A. Higham, Trustee (seal)
COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX, 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 Overton (seal) Notary Public
My Commission Expires: 10-15-91
COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX, 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 21st, 1988, has acknowledged the same before me in my jurisdiction aforesaid.
Given under my hand this 21st day of April, 1988.
Lisa Overton (seal) Notary Public
My Commission Expires: 10-15-91
STATE 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 21st , 1988, has acknowledged the same before me in my jurisdiction aforesaid.
Lisa Overton (seal) Notary Public
My Commission Expires: 10-15-91

9


Deed in Trust

1988.04.21   (Deed in Trust) (I did not know of this until I drove from Saint Louis, Missouri, to see Edward White in his office on April 20, 1988)
"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"

 

10

Note 1

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"

 

11

Note 2

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"

12

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"

13

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:
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:
1988.04.16   (Edward White to Anthony O'Connell)
"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"

 

*******************************    Jean O'Connell's Estate   *****************************

Edward White uses our innocent sister to unwittingly divide and conquer our family for him.

 

14

Edward White puts our trusting sister Jean Nader between himself and Anthony O'Connell.

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 "

15

Edward White puts our trusting sister Jean Nader between himself and Anthony O'Connell.

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"

Comment:
1) This is cover for the $518,903 that will disappear on April 21, 1992.

 

16

Missing $518,903
April 21, 1992

On April 21, 1992, $545,820.43 is received by the Estate from the payoff of the Lynch Note 1.
But only $26,917.17 is recorded. The difference of $518,903.26 disappears.

1992.04.21 (Payoff of Lynch Note)
On April 21, 1992, $545,820.43 is paid to the Estate. But only $26,917.17 is recorded. The difference of $518,903.26 disappears. The next day Edward White gives our sister Jean Nader instructions that destabilize our family. He does not mention the $545,820.43 payment.

17a

The day after the $545,820.43 payment Edward White gives Jean Nader instructions to destroy our family;
To divert attention from, and coverup, their accounting.  He does not mention the $545,820.43 payment.

1992.04.22   (Edward White to Jean Nader) 
(I was not supposed to see this letter. But our sister Jean Nader is so innocent she didn't know that and sent me a copy.)
"Enclosed is an agreement which should satisfy Tony as to the car. It cannot be any clearer.
Also enclosed is a preliminary analysis of the estate tax, which should be close to being accurate. I do need to check with Jo Ann Barnes as to a technical question as to whether or not any of your father's trust comes into this. I do not think it does, but there have been many changes in the law since that trust was established. 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.
The executors' commission shown on the analysis is not figured on the value of the realty; however it does not include the 5% commission on the receipts of the estate in addition to the inventory.
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.
The preliminary analysis contains three alternatives on Accotink at the bottom for your consideration.
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.
As far as further steps are concerned, we have a lot to do. No gift tax returns were filed for 1989 and 1991 which will have to be done. The results of those gifts are factored in under "Unified Credit used for gifts 9,784".
The paper trail in the court and IRS is as follows:
File Estate tax by June 15, 1992
File First Accounting (16 months after qualification but can be sooner)
Ask for posting of Debts and Demands against the estate.
File Fiduciary Income tax returns for period 9/15/91-9/15/92, due January 1, 1993.
File Motion for a Show Cause why distribution should not be made. Submit Show Cause Order.
Request Executor's exoneration letter from IRS and Virginia.
Obtain closing letter from IRS and Virginia as to estate tax returns.
File 1993 Fiduciary tax returns (Sept. 1992-distribution)
File for Order allowing distribution.
Distribute estate.
File Final Accounting.
Normally distribution is withheld until the Order of Distribution is entered. As I indicated the creditors have one year to press claims against the estate. No prudent executor will distribute before that period, the entry of the Order of Distribution and the receipt of the tax closing letters.
Sincerely, Edward J. White
EJW/e
Encl.

Enclosure 1 of 2:
Unknown document. (I think it was 2 of 3 documents Edward White drafted for the vehicle and that Jean Nader asked me to sign when we meet at the garden dedication?)

Enclosure 2 of 2:

JEAN M .O'CONNELL ESTATE TAX ANALYSIS  
   
CASH(?), NOTES, STOCKS & BONDS.  
   
ck Wash Gas Light Co. 8/1/91  
105.00
   
ck Signet 8/5/91  
39.00
   
ck A. G. Edwards 8/15/91  
2,346.63
   
ck Kemper Mun Bond Fund 4/30/91  
162.86
   
ck Kemper Mun Bond Fund 5/31/91  
162.86
   
ck Kemper Mun Bond Fund 7/31/91  
162.86
   
ck Kemper Mun Bond Fund 8/30/91  
162.86
   
Ck Nuveen Fund 3/1/9  
63.00
   
Ck Nuveen Fund 5/1/91  
63.00
   
ck Nuveen Fund 6/3/91  
63.00
   
ck Nuveen Fund 8/1/91  
66.50
   
ck Nuveen Fund 9/3/91  
66.50
   
ck American Funds 9/9/91  
424.76
   
Sovran Bank #4536-2785  
3.310.46
   
First Virginia Bank #4076-1509  
22,812.52
   
Fx Co. Ind Dev Bond  
109,587.00
   
FranklinxVa. Fund 4556.001 sh  
50.507.84
   
Investment Co. of America 3861.447 sh  
65.663.91
   
Kemper Mun Bond Fund 2961.152 sh  
30,396.23
   
Nuveen Premium Inc Mun Fund 700 shWashington Gas Light Co. 200 sh  
6.450.60
   
Washington Gas Light Co. 200 sh  
6.375.00
   
Signet Banking Corp 198 sh  
4.331.25
   
Lynch Properties note  
518,903.26
This note was paid off in full the previous day. This $518,903.26 disappeared.
Travelers Check  
20.00
   
1988 Plymouth Van  
8.000.00
   
Am Funds 5/10/91  
326.60
   
USAA Subscriber savings acct  
25.10
   
SUB TOTAL  
830,599.10
   
OTHER ASSETS  
   
1990 Virginia Tax refund  
1,605.58
   
Debt from Harold O'Connell Trust  
659.97
About a month later Edward White will ask me what this is which makes it appear that I created it.
Blue Cross refund  
88.78
   
SUB TOTAL  
2354.33
   
JOINT ASSETS  
   
Hallmark Bank #1107849600  
40,796.81
   
REAL ESTATE  
   
15 acres Fairfax Co. Va. 53.9006% interest  
323,403.60
   
TOTAL ASSETS  
1,197,153.84
   
--------------------------------------------------------  
   
DEBTS  
   
Colonial Emerg Phys (med bill)  
10.40
   
Fairfax Circ Ct. letters  
14.00
   
Jean M. Nader probate tax reimb  
1,269.00
   
Sovran Bank Car loan payoff  
1,364.97
   
Checks  
15.89
   
Commissioner of accounts Inventory  
61.00
   
IRS 1991 1040 return  
15,332.00
   
Va. Dept Tax 1991 return  
2,856.00
   
Jean M. Nader, hills pd  
8,559.00
   
Sheila Ann O'Connell-Shevenell, cem bill  
475.00
   
Co-Executors' Commission  
41,529.96
   
Commissioner of Accounts fee for Accounting  
1,048.25
   
TOTAL DEBTS AND EXPENSES  
72,535.46
   
JEAN M. O'CONNELL ES'I'A'l'E TAX ANAI.YSIS [page 2]  
   
TAX COMPUTATION
 
   
GROSS ESTATE  
1,197,153.84
   
DEBTS & EXPENSES  
72,535.46
   
   
ACC 75% ACC 60%
TAXABLE ESTATE  
1,124,615.38
1,043,767.48 995,256.94
TENTATIVE TAX 41% bracket  
396,893.53
363,744.67 343,950.21

Unified Credit before gift comp
192,800
   
Unified Credit used for gifts
9,784
   
UNIFIED CREDIT  
183,016.00
183,016.00 183,016.00
CREDIT FOR VIRGINIA TAX  
40,375.58
35,201.12 32.934.39
NET FEDERAL TAX  
  127.999.82
VIRGINIA TAX  
  32.934.39
---------------------------------------------- ------ ------------ ---------- ---------
TOTAL ESTATE TAXES  
213,877.53
180,728.67 160,934.21
   
   
   
   

Comment (above):
1) Using one family member against another This is cover for things like the $518,903 that disappeared on April 21, 1992.

17b
The CPA Joanne Barnes did the accounting for the Trust and for our Mother's Estate for 1991. So when Mr. White says things such as "With regard to the filing of the income tax return, my file indicates that I received a fax copy of the K-1 from the Harold O'Connell Trust on April 9, 1992, only six days before the tax return was due (May 4, 1992)", it means the CPA was late getting the K-1 to herself.


CPA Joanne Barnes bill

18

The lawyer frames me with the accounting entanglements planted by the CPA Joanne Barnes.

1992.05.19   (Edward White to Anthony O'Connell)
"In your letter of May 6 to Jean you asked that I communicate with you with regard to the Harold O'Connell Trust.
I am trying to prepare the estate tax, and as usual in these cases, there are problems trying to understand the flow of debts and income.
I do have a few questions which are put forward simply so that the figures on the Trust's tax returns and accounting will agree with the estate's.
1. The K-1 filed by the Trust for 1991 showed income to your mother of $41,446.00. The Seventh Accounting appears to show a disbursement to her of $40,000.00 plus first half realty taxes paid by the trust for her and thus a disbursal to her of $1794.89. If these two disbursals are added the sum is $41,794.89. This leaves $348.89 which I cannot figure out. It could well be a disbursal of principal and not taxable.
2. The K-1 filed by the Trust showed a payment of $816.00 in interest to the estate. You sent a check in the amount of $1475.97 to the estate. What was the remaining $659.97? Do I have this confused with the tax debt/credit situation which ran from the Third Accounting?
3. On the Seventh Accounting "Income per 7th Account" is shown as $5181.71, but I cannot figure that one out either.
I am of the opinion that the estate owes the trust for the second half real estate taxes from September 15, 1991 through December 31, 1991 in the amount of $1052.35. This is shown on your accounting a disbursed to the heirs. Should this be paid back to the heirs or to the Trust?
I believe that the income received from the savings accounts from September 15 to the date the various banks made their next payment to the Trust (9/30 and 9/21) should be split on a per diem basis, since the Trust terminated on her death. This will be a small amount of course.
Are there any other debts which your Mother owed the Trust?
I realize that Jo Ann Barnes prepared this if you authorize it I can ask her to help me out."
Please understand that I have no problem with the Accounting, I m just trying to match things up. In the long run, since the beneficiaries are the same, the matter is academic.
Please send the bill for the appraisal whenever you receive it. Jean is filing the Fairfax form for re-assessment in her capacity as a co-owner in order to give us a better basis to get this assessment changed and to meet the county's deadline. It will state that the appraisal you have ordered will follow. I think this will be to all of your benefit in the long run.
Sincerely, Edward J. White"

19


1993.11.01  Bar [James M. McCauley] to Anthony 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, 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.
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,