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.

 

Anthony O'Connell
1985 thru 1991

1985

1985.06.14   (Anthony O'Connell to Jean O'Connell )
"Sorry I'm late in sending this information in Dad's file. 
How's Joanne coming on making the final estate filing?
I do wish very strongly that you had not changed your will to make your accountant co-executor.  You are giving her control.  Her expertise is available without giving her control.  Interest Her fee of executing an estate of 1,000,000 would be 2% or more by Virginia statute.  If she sells Accotink, that's $ 20,000 or more.  Selling a piece of real estate, whether it's value is $ 1,000 or $1,000,000 (Accotink say) is work  I would not take the fee because it's taking it away from Jean and Sheila.
In anger I said she didn't know her ass. (Editing note:  I said this about Joanne Barnes to Jean O'Connell , not to Joanne Barnes. At this time and in frustration,  it was beyond my imagination that Joan Barnes was intentionally withholding the final estate account. So the only reason I could think of for Joann Barnes not doing the final estate account was because she did not know how. ) That's I don't think that, it's that I don't totally trust her.  The lawyer she recommended is writing her as co-executor in her your will. You say you don't trust anyone.  I believe that.  Why are you putting so much confidence in Joann, (besides her being a woman?).  I feel she has gotten you very scared and you can't think straight at times.  If you hadn't changed your
I have talked to estate planners & lawyers here and they tell me it is very unusual for an accountant  to be co-executor.  I  Lawyer yes, accountant no. Joann will have to probably hire a lawyer, and pay him a fee. 
So you are not helping 
Ask other people what they think.  I think the bottom line is, you don't want [me] to lo have that power. Perhaps a little you don't trust me, but primarily you don't want me to have that power. So much for business.
Cindy called the other day to get my zip code? I mean I wrote about 150 letters to her.  Perhaps it was an excuse to call.  I don't know.  She says she is sending me something. My dogwoods are doing great good on the north slope, not so hot on the south clay. Put wood chips and sand around the white oak seedlings on the clay.  The Robins had a great time eating the worms. There must have been a Robin per square foot. Had a house guest from the I told you that. I had a house quest & we went to ??? check out a painting that the Cincinnati's(?) art museum will exhibit next year. He was very nice.
I put up the limestone archway in that I got from the St. Louis Art Museum. It's about 11' high and looks very nice.
Love, Tony"

 

1985.06.18    (Anthony O'Connell to Joanne Barnes) (Copies to Jean O'Connell and Jesse Wilson)
"Thank you for your time and expertise in discussing the intended trust in the above estate.  Would you, as a Virginia resident and accountant for Mrs. Jean O'Connell , my Mother and executor of the estate, accept the position of agent to receive notices and processes from the Court and Commissioner of Accounts concerning this trust?  The trust is to be funded from the assets now remaining in the estate inventory, ie, real estate.  I would contest a cash substitution.  The final estate filing should contain the entirety of the Springfield residence or the entirety of the Accotink property, which ever my Mother wishes to be placed in the trust.  Please advise me when the final estate filing is complete in order that I may schedule a trip to Fairfax and set up the trust.
Sincerely, Anthony M. O'Connell   Trustee in the above estate"

 

1985.06.20   (Anthony O'Connell to Henry Mackall)
"In reference to our phone conversation, thanks for taking the job.  The enclosed Commissioner accounts letter explains the situation. 
I need you, unless you advise me otherwise, to:
1.  Get the appropriate assets in the trust according to the 50% - 50% intention of the will. To my mind that would include the entirety of one or the other pieces of real estate.  This, I think, involves contacting my Mother's accountant who is now, or has just completed, the final estate account.  Her name and address is:
Ms Joan Barnes
Bruner, Kane and McCarthy
300 North Lee Street P.  O. Box 1250
 Alexandria, Virginia 22314
Tel (703) 549-7800 
2. Take me through the point where I am recognized by the court as Trustee.  
3.   Advise me on what ever you think is important in this situation [Can we use an alternative valuation of the real estate to avoid huge ??? future capital gains?] 
My mother is scared and upset of losing control to a trust.  I know I don't have to ask that you be gentle in any contact with her.  It would be most beneficial beneficial for all if any contact with her is done by a woman, if possible.
Thank you
Sincerely, Anthony M. O'Connell "

 

1985.07.11   (Anthony O'Connell to Robert McCandlish)
"I, a non resident of Virginia, am named trustee in the will of Harold O'Connell .  
Is it absolutely necessary for me to have a Virginia resident co-trustee, or can a designated agent to receive notices and processes from the Court and Commissioner of Accounts satisfy this requirement?  Your letter of May 8, 1985 says I don't need a co-trustee, but Mr. Henry Mackall's letter of July 8, 1985 suggests I do.
Respectfully request, if possible, a definitive answer.
Very truly yours, Anthony O'Connell"

 

1985.07.16  (Anthony O'Connell to Jean O'Connell )
"Business
July 16, 1985
First, let me discuss the trust.
The lawyer I asked to help me, Henry Mackall, said that a certain percentage of each piece of real estate rather than the entirety of one piece, was to be in the trust, as he suggested this to Ms Barnes.  If that's the way you want it, it's fine with me.  That was different from what we agreed on.  In short. If that is the way you want it, fine.
I have not heard anything from Ms. Barnes.
Also, from my law 
Also
My lawyer also said that he thought I did not need a co-trustee, contrary to the letter from the commissioner of accounts.  I wrote the commissioner of accounts requesting a definitive answer.
Frankly, I doubt if I ever get an answer from them. 
I asked Andy Higham if he would serve as co-trustee.  He has agreed. He is already a trustee several times including trustee for Olivette Church.   He would not charge anything, though I insisted he be charge an hourly fee.  Would you be comfortable with Andy Higham as co-trustee?  Andy is a man of very high integrity"
Sincerely, Tony
Pleasure 
It's very hot here. Went to the Black River, about 2 hours south of here last weekend.
The Black River is a clear fast moving small river great for canoeing. But this year, I couldn't believe it, they there were dozens and dozens of 3-wheel motor cycles tearing along the bank, and in the water (The're especially designed not to stop in the water).  It was horrible. The canoe business was down 70% people said.
I got honey out of the combs last week, that is, I extracted it. I weighed it and it came out to a little over 200 lbs! The bees, also for the first time, filled up those those little (4 ½" x 4 ½ ")  wooden frame.  I have about 18 of those. So- It was a terrif bountiful harvest.
I will probable be at Sheila's in Portland in the next week two weeks. So- If you try to reach me and I ' m not here, please try there.
Love, Tony"

 

1985.08.20   (Anthony O'Connell to Joanne Barnes) (Copy to Jean O'Connell)
"Thank you for my copy of your letter to Jean O'Connell dated August 16, 1985, and for copies of previous accountings. 
I have a question concerning the marital deduction.  The real estate is deeded not as tenants in common but as each party having an undivided one-half interest(Please refer to the inclosed copy of the deed.)  Does this real estate, therefore, not qualify for the marital deduction and hence, change the percentages of the trust?  Please advise me.
*I hope that you would remain open to acting as co-trustee.
Sincerely, Anthony O'Connell "

*Question: Why are you [Anthony O'Connell] asking Joanne Barnes on August 20, 1985, to be your co-trustee after you had previously fired Henry Mackall on July 11, 1985, for him arranging that Joanne Barnes be your co-trustee?

Answer:
Because I was later led to believe that I had no alternative but Joanne Barnes until I received Robert McClandlish's letter of August 19, 1985, which I received just after my letter of August 20, 1985:

 

1985.08.19   (Robert McCandlish to Anthony O’Connell)
"We have had no response to our letter of July 16, 1985. 
Please have a resident trustee appointed as soon as possible.
Very truly yours,”

1985.08.22   (Anthony O'Connell to Robert McCandlish) (Copy to Jean O'Connell)
"Thank you for your letter of August 19, 1985.
I appoint H. Andrew Higham as a resident co-trustee of the trust. His address is:
H. Andrew Higham
6208 Higham Drive 
Franconia, Virginia  22310
(314) 971-3129 ... "

 

1985.10.07   (Henry Mackall to Anthony O’Connell)
" ... I do not know anything about Mr. Higham.  I think your mother’s wishes must be considered since she is a beneficiary.  I know the Court will consider her desires before it makes an appointment. ..."

Question: If this is saying that the nominated trustee Anthony O'Connell can not appoint his/her co-trustee, but only the court can, why is that?


1985.08.21   (Anthony O'Connell to Jean O'Connell )
"Hope you had a good trip in Vermont. In our last phone conser conversation I said that Pierre never told me that you left a message for me to call you.  He did tell give me the message. I didn't call you because I was too upset about the trust conflict. So- I lied to you and I apologize.
I also said that I would do anything you want concerning the trust, but I felt so bad about myself just giving up that I know I have to fulfill my duty as co trustee in carrying out the will as it was written.
I feel very bad that you think I am trying to take advantage of you.
Love, Tony"

 

1985.08.22   (Anthony O'Connell to Robert McCandlish) (Copy to Jean O'Connell)
"Thank you for your letter of August 19, 1985.
I appoint H. Andrew Higham as a resident co-trustee of the trust. His address is:
H. Andrew Higham
6208 Higham Drive 
Franconia, Virginia  22310
(314) 971-3129
I think there may be an oversight in that Harold O'Connell 's "undivided one-half interest"  in each property (please see deed) has been included in the martial deduction.  IRS Pub. 448, page 28, indicates that the marital deduction applies only to property passing to the surviving spouse.
If this is true, should not the trust contain 50.00% of each property (assuming Jean O'Connell chooses not to exchange properties) rather than the 43.525% of each property as mentioned in Joanne Barnes letter of August 16, 1985?
I apologize for the extended time and effort this account has taken.  I am optimistic that it will soon be resolved.  Again, thank you for your help.
Sincerely,   Anthony O'Connell "

 

1985.08.23   (Anthony O'Connell to Robert McCandlish) (Copy to Jean O'Connell and Joanne Barnes)
"Thank you for your letter of August 19, 1985, requesting that a resident co-trustee be appointed. 
I request that Andrew Higham be appointed as resident co-trustee.  His address is:
Andrew Higham 6208 Higham Drive
Franconia, Virginia  22310
(314) 971-3129 
I also request that the Trust be funded in accordance with Ms. Joanne L. Barnes letter of August 16, 1985 (attached).   
I apologize for the extended time and effort this account has taken.  I am optimistic that the trust will be funded soon.  Again, thank you for your help.
Very truly yours, Anthony O'Connell"

 

1985.08.26   (Anthony O'Connell to Joanne Barnes) (Copy to Jean O'Connell and Robert McCandlish)
"Thank you for explaining to me, in our telephone conversation of August 21, 1985, the trust distribution that I was unclear about.  After double checking with Mr. Mackall I now realize I was operating under a serious misconception.   
Would you please explain to me yet another point that I ' m confused about?  Mr. Mackall's letter of August 20, 1985, shows the trust with a 46.1% interest in each of the two parcels of real estate and your letter of August 16, 1985, shows the trust with a 43.525% interest in each of the two parcels of real estate.  He also mentions that you made some minor changes.  Would you please tell me what those changes are and what accounts for the difference in the percentages?  I thank you in advance.
Yours very truly, Anthony O'Connell "

 

1985.08.29   (Anthony O'Connell to H. A. Higham)
"I am inclosing some background information concerning the trust you so kindly agreed to co-trustee. 
Let me tell you the unfortunate aspect of acting a co-trustee for the trust.  My mother will not appreciate it, in fact she will most probably be negative.  The reason? Hard to say, but in summary, she doesn't want any one telling her want to do with what she considers hers. 
After ten years of the trust not be funded, I have given up tael trying to cooperate with her.  I am simply going to carry out my duty as a co-trustee, and info her on correspondence.  She is so angry at me for pushing this trust to funding that I most probably am out of any future inheritance from her. 
I most fervently hope that this issue with Jean O'Connell does not make you withdraw from your generous offer of acting as co-trustee.  Jean Mary, Sheila, and I are most grateful.  If you do choose to withdraw, I would understand and no matter what, am optimistic that we will always be friends.
Sincerely, Tony"

 

1985.09.12   (Anthony O'Connell to Robert McCandlish)
"My letter of August 23, 1985, requested that
Andrew Higham 
6208 Higham Drive
Franconia, Virginia  22310
(314) 971-3129
be appointed as resident co-trustee.
This letter is to correct the spelling of Mr. Higham's first name, a part of his mailing address, and telephone area code.  The named individual has not changed. 
I request that
Herbert Anderson Higham
6208 Higham Drive 
Franconia, Virginia  22310
(703) 971-3129
be appointed as resident co-trustee.
Yours truly, Anthony O'Connell "

 

1985.09.12   (Anthony O'Connell to H A Higham)
"Sorry about the mistakes in your name, address and telephone number.  It has been corrected with the Commissioner of Accounts.   In response to your options mentioned in your letter of September 5, 1985:  
C - Forced liquidation.  No way.  Never thought of it. 
B - Trade of real estate. J. M. O"Connell and I were initially in agreement on this.  She chose to put her residence in trust and the Accotink property totally in her name.  Her accountant, Joanne Barnes,  convinced her some where along the way to record the trust interest as is, ie., a portion of each property to be placed in the trust.  I have no problem with this split. 
A - Simply record the trust interest in the real estate.  Choice of me and J. M. O'Connell .  I am actively pursuing this option.  Although it is slightly unwieldy, it does not require appraisals (dubious anyway) and avoids a source of contention from here and everafter on did the trust or J. M. O'Connell gain or lose.  
Your letter reminded me that the best contribution I could make to my family with respect to this estate is having you as co-trustee.  Thank you. 
Sincerely, Anthony O'Connell "

 

1985.09.23   (Anthony O'Connell to Henry Mackall) (Copy to H. A. Higham)
"Thank you for your very explicit letter of August 20, 1985.  It was exactly what I needed. 
I'm sorry about our parting several months ago over differences in operating style.  I don't let an MD affect my body or a mechanic touch my car unless I know and agree on the plan beforehand.  Would you be willing to help me again on the condition that any changes or even suggestions to the trust plan described below be first discussed with me and/or the intended resident co-trustee, Herbert Anderson Higham?
At present I see the best plan to be this: 
1.  The trust is to be funded in accordance with your letter of August 20, 1985, ie., with 46.0994 %  interest in each of the two parcels of real estate (pending Ms. Barnes rationale for decreasing the percentage to 43.525%).  Ms. Barnes has not responded to my letter of August 26, 1985.
 2.  That Herbert Andrew Higham serve as resident co-trustee.  Mr. Higham presently serves as trustee in several instruments and for 25 years I have known him as a man of the highest integrity.
 3.  That I and /or Mr. Higham see a copy of the intended final estate filing, and agree to it,  before it is officially submitted to the Commissioner of Accounts.
Mrs. Jean O'Connell and I are not talking.  She apparently has an attorney but choses not to identify him.  By default,  I rather than the trust, will be paying for your services.
I sincerely hope you decide to help me again.
Yours truly, Anthony O'Connell "

 

1985.11.29   (Anthony O'Connell to H.A. Higham)
"A copy of the trust agreement is inclosed.  The two hand written corrections have been made & agreed to (I called Mr. Mackall today).  
We also discussed another possible clause concerning pay back to Jean O'Connell of real estate taxes when land is sold.  Something like if land is sold while she's alive the trust would pay her back with no interest but if the land is sold after her death the taxes would be a gift since consideration would have been passed in the form of her living there.  On the other hand I much prefer the simple straight forward inclosed agreement.  What do you think?  
Sincerely, Tony O'Connell "

 

1985.12.09   (Anthony O'Connell to Henry Mackall) (Copy to H. A. Higham)
"Thank you for your letter of December 4, 1985.
I think the revised agreement is a good one though I did add "the principal of " to item five.
My disagreement with Mrs. Barnes and until recently Jean O'Connell , has been the lack of information as to how they are handling the trust.  I have enclosed a copy of a still unanswered letter as an example.  Against this background I ask that a copy of the final estate filing be sent to me prior to my coming east.  Is there some practical reason you don't want to do this?  I need straight forward information from you.  I see no disadvantage.  The advantage to me is no surprises, a good visit, and a source of conflict ended.  I do not want to negotiate and be in conflict during that visit. 
If Jean O'Connell would feel more comfortable with either of my two sisters replacing me as trustee I will transfer what authority I have to them.   
Exactly what else has to be done besides the final accounting and the trustees appearing in court?   Would you send me a sample copy of the annual (?) report I am to make?  Should the real estate be titled to Jean O'Connell and the trustees?  If so what is the cost?  Are any other documents involved?
If Mrs. Barnes does not provide a copy of the final estate filing prior to her submitting it to the Commissioner of Accounts, please send me a copy after it is submitted.
Sincerely, Anthony O'Connell "

 

1985.12.10   (Anthony O'Connell to H. A. Higham)
"Thanks for your letter of December 4, 1985.  I appreciate your thinking ahead, ie., your questions. 
I can answer some of your questions.  The others I referred to Mr. Mackall. 
The inheritance tax liability has been paid after Harold O'Connell 's death.  There is no inheritance tax liability to the trust or it's beneficiaries. 
The trust document is the will itself.  The distribution is described in section 5A1 and 5A2.  The powers of the trustees are described in section nine.  I understand the inclosed agreement to be something like an addendum. 
May I verify with you that you would be willing to serve as co-trustee without pay?  
I've enclosed copies of Mr. Mackall's letters knowing that I have forgotten to send some some of them to you. 
As I think more about your real estate title question I remember Mr. Mackall said several months ago that it wasn't necessary but not a bad idea.  I think it is an excellent idea.  Thanks again.
Sincerely, Tony"

1986

1986.02.20   (Anthony O'Connell to Henry Mackall)
"Thank you for your letter of February 13, 1986.
 I'll let you know when I'll be coming to Fairfax after all the paperwork pertaining to the trust is completed.  Towards that end, please:
1. Prepare new real estate titles for signature. 
2. Send me a copy of the final estate filing.
Sincerely, Anthony O'Connell "

 

1986.02.20   (Anthony O'Connell to Jean O'Connell)
"Please excuse the business formality of this letter.  It is an attempt to complete all the paper work pertaining to the trust inorder that I may come to Virginia. 
I'm having a difficult time obtaining a copy of the Final Estate Filing.  Please review the inclosed joint letter and tell me what you think. 
I've asked Mr. Mackall to prepare new real estate documents for our signatures.  If you would rather your attorney do it please let me know and I'll ask Mr. Mackall to stop." 
Love, Tony
(Enclosure to above)
1986.02.20(Anthony O'Connell to Jean O'Connell to Joanne Barnes) (No copy to another)
"Dear Ms. Barnes:
Please send Mrs. Jean O'Connell and Mr. Anthony O'Connell a copy of the Final Estate Filing.
Sincerely, Jean O'Connell (but not signed by Jean O'Connell)  Anthony O'Connell "

 

1986.03.03   (Anthony O'Connell to Henry Mackall)
"Please allow me to disagree with you.
I feel strongly that reviewing the intended final estate filing and revising the real estate deeds to reflect the trust is essential in preventing future misunderstandings. 
I've submitted for my Mother's review a joint letter from her and I to Ms. Barnes requesting a copy of the intended final estate filing.  I will personally pay you your fee so as not to complicate this account.
I hope you are willing to work with me in my efforts to secure a copy of the intended final estate filing and trust that you will revise the real estate deeds to reflect the trust.
I look forward to visiting you in Fairfax after this paper work is complete.
Sincerely, Anthony O'Connell "

 

1986.03.06   (Anthony O'Connell to Sheila O'Connell and Jean Nader)
"I want to ask if you will share with me the legal and other expenses of setting up the trust.1
The inclosed agreement represents progress to date.  In my opinion what remains to be done is to insure that these terms are duplicated in two documents.  Toward this end I want to: 
1. Have new real estate deeds drafted to reflect the trust.2    I feel this would help prevent future misunderstandings.  
2. Obtain for review a copy of the intended final estate filing.3 
The final estate filing is import as it determines the assets of the trust.  If the final estate filing is other than out agreement,  I feel contesting it will be much more difficult and expensive after it has been officially filed. 
According to Mr. Mackall's inclosed letter he will not try to provide these documents.  This concerns me.  We had previously agreed that his final fee would be paid by the trust.  I now feel that offering him, in effect, an interest in the trust was a mistake.  In my last letter to him I said that I would pay his fee rather than the trust.
If you would like to share the expenses please send me a check for $450.65.4  Please call or write if you have any questions or suggestions."  
Sincerely, Anthony O'Connell
(Enclosure 1 to above)
"Thoughts 
"My Attorney"
I feel Mr. Mackall represents me about 20% of the time.  I don't want to fire him (again!) unless absolutely necessary.  I want to avoid the expense of familiarizing a new attorney with all the facts. I need someone in Virginia to talk to the three principals there since they won't talk to me.
1.Ms. Barnes has never answered any of my correspondence.
2. The identity of the executor's attorney is a secret. 
3. Mother does not "hear" things I say about the trust. 
"What's the Conflict with Mother?"
 I absolutely do not know.
"Oh, How Simple It Could Be" 
Act 1, Scene 1
(A House in Springfield with a telephone)
Executor:  "Hello, Ms. Barnes?  Prepare the intended final estate filing according to the agreement and send a copy to me and my attorney for review.  If we like it we'll send the trustee a copy"
(Pause) 
"Hello, Mr. Attorney?  Please prepare new real estate deeds according to the agreement and send copies to the trustee.  If you think Ms. Barnes'' intended final estate filing is OK, please send him a copy of that also.
Act 2, Scene 1
(A house in St Louis with trust related documents in the mailbox)
Trustee:  "Hello, Airlines?  Please reserve the first available space to Washington, D.C. so I can qualify as trustee." 
The End"  
(Enclosure 2 to above)
"Notes 
 1.Virginia law allows a trustee to charge an annual fee (1%?) but I have never intended to do that.  On the other hand I don"t want to incur significant personal expenses beyond my time and effort. 
 2.Ownership would read something like this:
Jean M. O'Connell 53.9006?
Herbert A. Higham and Anthony M. O'Connell , trustees, 46.0994%
It now reads:  Jean M. O'Connell   50.000% 
Harold  A.  O'Connell   50.000%  
 3.Three estate filings or accounts by the Executor listing the assets of the estate have been filed to date:
1st Account:  May 1975-May 1977
2nd Account: May 1977-December 1980
3rd Account: January 1981-December 1984 
What remains to be filed is:
Final Account:  January 1985-Present  
After the final account the reporting is taken over by the trustees reporting the trust assets rather than the executor reporting the estate assets.
 4. I arrived at $450.65 by the following computation:
$   23.50 Postage , professional typing , copies. 
$  168.45 Long distance phone calls.
$  360.00 Attorney bill of 7/10/85 (paid).
$  800.00 Estimated final attorney bill.
$1,351.95
$1,351.95 divided by three equals $ 450.65."

 

1986.03.17   (Anthony O'Connell to Jean O'Connell)
"Hope you had a good trip. I ' m inclosing a copy of the agreement you requested.  I called Andy last night.  He had just received the agreement on March 14, 1986!
Love, Tony"

 

1986.05.17   (Anthony O'Connell to Henry Mackall)
"Please petition the court with-out the concessions.
Please send me a copy of the Judges decision, the trustee package you mentioned if he approves, and your final bill.
Is there anything else I need to know?
Thank you for your service.
Sincerely, Anthony M. O'Connell "

 

1986.07.01   (Anthony O'Connell to Robert McCandlish) (Copy to H. A. Higham)
"Would you please send me a copy of the final estate filing to each of the trustees, Anthony M. O'Connell and Herbert Anderson Higham?
A copy of the Certificate of Qualification is inclosed.
I thank you in advance.
Sincerely, Anthony M. O'Connell "

 

1986.08.18   (Anthony O'Connell to Jean O'Connell)
"Thank you for the wonderful vacation. It was a superb idea. Nice to get reacquainted with you all.
Howard is a riot. He's so much fun to be around.
Jean Mary is a lovely person.
I'm including a print of the mural I finished.
I got my copy of the final estate filing of the trust. That problem is over and done with. My (Howard's) frozen sauce stayed frozen through the 7 hours of airports and airplanes.
Love, Tony"

 

1986.08.27   (Anthony O'Connell to Robert McCandlish) (Copt to H. A. Higham)
"I am co-trustee of a trust created by the will of Harold A. O'Connell and have two questions concerning the filing of an Inventory and an Accounting.  1. I've been advised to file an Inventory, yet page 4 of the Notice to Fiduciaries states "A trustee of a trust created by a will is not required to file an Inventory but is required to file Accountings as specified above".  Do I, in fact, not have to file an inventory?  2.May I get your permission to file Accountings of the trust once every three years after the initial Account, instead of annually?  The assets of the trust consists of part interest in two pieces of non-income producing real estate and I anticipate no change in their status.  During the ten year life of this estate Accountings were done every three years.  Thank you for your help.
Sincerely, Anthony M. O'Connell "

 

1986.10.23   (Anthony O'Connell to Henry Mackall)
"Inclosed is final payment of $640.00 for a total payment of $1,000.00 per your estimate.
Thank you for your service."

1987

1987.05.02   (Anthony O'Connell to Joseph Alexander) (Copy to Ralph Perrino)
"Thank you for your telephone call on the first of May, 1997.
As you advised, I sent a map and a brief description of the problem to your aide, Mr. Ralph Perrino.  Mr. Perrino was kind enough to talk to me on Thursday and immediately after our talk on Friday.
I cannot tell you how much I appreciate your support in preventing EDCO, Inc., from effectively landlocking my mother's property.
Sincerely, Anthony O'Connell "

 

1987.05.02   (Anthony O'Connell to Dana Kaufman) (Copy to Joseph Alexander)
"Thank you for arranging the telephone call between Mr. Joseph Alexander and myself on Friday the 1st of May, 1987.  I very much appreciate your responsiveness and adaptability during my unexpected visit.
Sincerely, Anthony O'Connell "

 

1987.05.02   (Anthony O'Connell to Ralph Perrino)
"Thank you for your help on Thursday and Friday, April 30th and May 1st, 1987.
In summary, access to Jean O'Connell 's parcel #17 is blocked to the north, east and west by Amberleigh.  Cinder Bed Road to the south would not be approved as an access for a residential development because it is zoned industrial on both sides.
Parcel # 17 will be effectively landlocked unless access allowed through the residential development proposed in RZ-86-L-073. 
Thank you for volunteering to notify Mr. H. A. Higham or myself of any forthcoming meetings concerning 3Z-56-L-073.
Sincerely, Anthony O'Connell '

 

1987.05.11   (Anthony O'Connell to Larry Johnson)
"I respectfully request that a soil map be made of 90-4-001-17. Thank you for all your help last week.
Sincerely, Anthony O'Connell "

 

1987.05.19   (Anthony O'Connell to Ralph Perrino) (Copy to H. A. Higham)
"As you know, I plan to write an information letter to each member of the Lee District Land Use Committee when I receive your list. I also plan to attend the meetings unless my job in Saint Louis completely prevents it.
In order to coordinate our efforts please tell me, what is your strategy in obtaining this access road?
Sincerely, Anthony O'Connell "

 

1987.05.29   (Anthony O'Connell to Liles Creighton) (Copies to members Lee District Land Use Advisory Committee, Jean O'Connell, Edward White, Joseph Alexander, Mark Edwards, Robert Lawrence, H. A. Higham, William Swietlok and Andrew Shapiro)
"Thank you for the phone call of May 6, 1987. As you will recall, I am writing on behalf of my mother, Jean O'Connell .
The applicant's present plans do not allow access to Mrs. O'Connell 's property on t h e i r northern boundary. The remaining three sides of her parcel, #17, are closed by Amberleigh (See map).
Two review agencies have made written evaluations to emphasize this lack of access:
Mr. John Herrington
Chief, Site Analysis Branch
Office of Transportation
Letter of December 23, 1986
Page 10, Footnote # 3
"A stub connection needs t o be provided t o parcel # 17 inorder t o provide public street access to a potential residential development"
Mr. John N. Winfield
Assistant Chief, Site Review
Department of Environmental Management
Memorandom of October 23, 1986
"Access t o the O'Connell property should be addressed"
The extension of Cinder Bed Road is not appropriate because access through the heavy industrial area to the south makes parcel # 17 untenable for residential development. Additionally, an extended Cinder Bed Road would adversely affect the natural functioning of the floodplain and the Environmental Quality Corridor. The extended road would have to be elevated above the floodplain and/or the meandering Long Branch Creek channelized to prevent flooding. Two bridges would be required.
Would you put me on the agenda for the appropriate Lee District Land Use Advisory Committee meeting in order that I may discuss this problem further?
Sincerely, Anthony O'Connell "

 

1987.06.10 Certified  (Anthony O'Connell to Joseph Alexander) (Copy to Ralph Perrino)
"It's difficult for me to write this letter. 
After our telephone conversation of May 1, 1987, I was under the impression that your office would help in preventing my mother's property near Newington from being effectively landlocked by RZ-86-L-073. Since then I have been rather unsuccessful in getting basic and necessary information from your staff.
Some time ago I asked Ms. Bradley if I could get the names and addresses of members of the Lee District Land Use Advisory Committee in order that I may write them an information letter. After about ten days with no response I called Ms. Bradley again and was informed that she had given the request to Mr. Perrino. I then talked t o Mr. Perrino and was told he had mailed it that morning. About five days later I received an unidentified list of names and addresses from your office. The one address I did know was one that was incorrect, that of Mr. Lilies Creighton. I called Mr. Perrino again to verify that I received t h e correct list. He said yes but that some new names should have been added. I do appreciate the list but I ' m concerned that I haven't sent letters to the appropriate people (Note enclosed letter)
I also asked Mr. Perrino if there have been any Lee District meetings concerning RZ-86-L-073 recently. He said yes. Why didn't he notify me of the meetings? Is he going to bring up the lack of access problem?
I wrote Mr. Perrino the enclosed letter of May 19, 1987. On June 1, 1987, I received an envelope from your office with no contents. I called Mr. Perrino person to person to try to find out what was supposed to be in the envelope. After Ms. Bradley asked who the caller was I was told Mr. Perrino was in a meeting. I called back to ask Ms. Bradley if she knew what was supposed to be in the envelope. She said no. I asked her if she would give my message to Mr. Perrino. She said yes. I have heard nothing since. I feel it I futile to try to continue to get information from them. I know that your staff has a very heavy workload but I'm concerned that I will miss meetings and other crucial opportunities and that the lack of access problem will continue to be ignored until it is too late. I have no recourse but to write to you.
I am totally inexperienced in dealing with Fairfax County. What support can I get from your office?
1. May I get an updated list of names and addresses of members of the Lee District Land Use Advisory Committee?
2. May I be notified of upcomming Lee District Land Use Advisory Committee meetings concerning RZ-86-L-073?
3. What do I really need to know and do?
My family and I thank you.
Sincerely, Anthony O'Connell "

 

1987.06.22   (Anthony O'Connell to Jean O'Connell ) (No copy to another)
"How are you?
It's hot year, the grass has retired for the duration. I planted about 96 plants of English Ivy "Bulgarier", supposed to be tougher than the "Baltic" varity.  I ' m also in the process of rooting about 150 cuttings.  Seems you can't miss with root tone.
I talked with Joe Alexander's office last week. There estimate of when the Lee District Land Use Advisory Committee meetings occur in about 3-6 months.
It's hot hot hot, I ' m glad I belong to a pool.
Love, Tony"

 

1987.06.30   (Anthony O'Connell to Ralph Perrino) (No copy to another)
"Thank you for the June 15, 1987, agenda of the Lee District Land Use Advisory Committee I received today.
In order to avoid future mailing delays would you please correct my name and address in the computer? Thank you.
Sincerely, Anthony O'Connell "

 

1987.08.03   (Anthony O'Connell to A. V. Bailey) (Copies to Jean O'Connell, Edward White, H. A. Higham and W. D. Craun)
"I am writing to you on behalf of my mother, Mrs. Jean O'Connell.
About thirty years ago my parents bought fifteen acres of land at the northern end of Cinder Bed Road (Route 637). One of the established assets of this parcel, Tax Map No. 90-4-001-17, was the excellent access provided by that road.
Today this parcel is effectively landlocked because the northern 3510 feet of Route 637 is impassable due t o lack of maintenance.
The Virginia Department of Highways tells me that there has been no abandonment of this section but t h a t it should, in fact, be a hard surface road.(See current map of the Virginia Department of Highways and Transportation, Fairfax County, Supplement C.)
Can you have this portion of Route 637 restored t o its status of record by the F a l l of 1987? If there is any other information you need, or if it is necessary for me t o come to Fairfax, please let me know.
I look forward to your reply.
Sincerely, Anthony O'Connell "

 

1987.09.10   (Anthony O'Connell to Edward White and John Baell)
"I feel very fortunate for you, Mr. White, to have given me access to Mr. Baell, and for you, Mr. Bael, to have given me your unique insight and copies of the pertinent statutes. Thank you both for your valuable help yesterday.
Sincerely, Anthony O'Connell"

 

1987.09.14   (Anthony O'Connell to Vivian Watts) (Copies to Jean O'Connell, Edward White, H. A. Higham, Ray Pethtel, James Guiffre, A. V. Bailey, James Hayes, Joseph Alexander, Carl Sell, Liles Creighton and Andrew Shapiro)
"I am writing to you on behalf of my mother, Ms. Jean O'Connell.
When my parents bought parcel 90-4-001-17 about thirty years ago Cinder Bed Road (Route 637) was well maintained. Today the northern 3500 feet is impassable due to an earthen barrier and an estimated twenty years of neglected maintenance. This impassable section is marked in blue on the enclosed map.
My request to have this section repaired was denied by the resident engineer, Mr. A.V. Bailey 11, as being too expensive. It seems unfair for the Commission to unilaterally an& without notice stop maintenance, and when confronted, take the position that the neglected access is now too expensive to repair.
It is my understanding of Virginia Statute 33.1-150 that the Commission has to notify the governing body of the county, the public, and the adjacent landowners at least thirty days prior to a proposed discontinuance. During this thirty days the county can request a hearing or a landowner can petition for a hearing.
The records show this section is in the State secondary system and is being maintained as a hard surface road to parcel 17. There has been a defacto discontinuance. In the event that the Commission proposes to procedurally remove, this section from the system, please consider this letter a petition for a hearing.
Extensive financial damage is being done to Ms. O'Connell by her being denied the right to access public roads. Would you please have this section of road restored to its status of record?
Sincerely, Anthony O'Connell "

 

1987.09.17   (Anthony O'Connell 's memo of call to Jean O'Connell )
On September 17, 1987, Jean O'Connell , to my request if she wanted to sell her half to the trust, she said "No, I don't think that's the way it's supposed to work"

 

1987.09.29   (Anthony O'Connell to Land Use Committee (Notes for speech)
"My name is Tony O'Connell. I'm speaking on behalf of my mother, Jean O'Connell, who owns parcel 17 at the northwest corner of the proposed development.
I'm here to ask that the developer provide a stub connection to parcel 17.
I quote Mr . John Herrington, Chief, Site Analysis Branch, Office of Transportation, Letter of December 23, 1986, Page 10, Footnote #3:
"A stub connection needs to be provided to parcel #I7 in order to provide public street access to a potential residential development."
The developer's Proffer of Development Conditions of September 8, 1987, Article 11, states only that:
"The developer shall dedicate a 50-foot wide access easement connecting a road in Development Bay A with the property line of the parcel identified on Fairfax County Tax Maps as 90-4, Double Circle 1, Parcel 17."
Any easement would have to connect to a public road, not a road that could be controlled by homeowners. I would think that homeowners would not want a new development emptying into their private streets.
Any easement would have to provide space f o r sidewalks in order that children could walk to school in Development Bay F. A 50-foot easement is insufficient. A geotechnical study would also be required because the designated open space is predominantly marine clay.
Because the developer is asking the county to allow them to cluster their development around Beulah Road to the east, the stub connection to parcel 17 to the northwest is significantly longer. The developer's cost of streets, sewers, and other utilities is significantly reduced by this clustering, while the cost of the stub connection is increased. In the fifty years since my parents restored an abandoned 1820s' farmhouse in Springfield, they have given a lot to Fairfax County. My mother, who still lives there, received national recognition f o r her volunteer  services  in and around Fairfax County as a professional landscape designer. She did the landscape design, without pay, for:
The Springfield Library
A memorial garden in the National Arboretum
The Four-H Club in Winchester
The 18th century Magruder House of the Prince George Historical Society
The Pope-Leighey House by Frank Lloyd Wright
Grandview farmhouse and pavillion , a National Trust f o r Historic Preservation property at Woodlawn
The Clifton Episcopal Church
The Prince William Church
The Franconia Olivet Episcopal Church
The roadbed of the abandoned Washington and Old Dominion Railroad in
Vienna, now a bicycle path (She would probably be glad to do the proposed Fairfax County trail on Cinder Bed Road, along the developer's western boundary)
The Northern Virginia Mental Health I n s t i t u t e
The Commonwealth Hospital in Fairfax
The Fair Oaks Hospital
The Oakton Elementary School
The Louise Archer Elementary School
The Wolf Trap Elementary School
Now she needs your help. I ask t h a t the developer provide a stub road and water supply connection to the property line of parcel 17. Thank you. Tony O'Connell"
(Editor's note: See this in .pdf for the map that is not included here)

 

1987.10.02   (Anthony O'Connell to Robert McCandlish)
"Enclosed is the first accounting of the t r u s t created by the will of Harold A. O'Connell.
Also enclosed are copies of the will, an additional trust agreement dated January 28, 1986, the trustee's qualification to serve without surety on their official bond, and your check for $130.00.
Sincerely, Anthony O'Connell "

 

1987.10.22   (Anthony O'Connell to H. A. Higham)
"This is to verify our telephone conversation of October 19, 1987. Would you ask Mr. Lynn Fitzgerald if he would be willing to actively market parcel #17 for a period of ninety days? This would be without a listing contract and Mr. Fitzgerald would receive a five percent commission if the property is sold.
Yours truly, Anthony O'Connell "

 

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 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"

 

1987.12.28   (Anthony O'Connell to Bill Lynch) (Copy to Edward White and H. A. Higham)
"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 "

 

1987.12.28   (Anthony O'Connell to Jean O'Connell )  (Copy to Edward White)
"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"

 

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

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.

 

1988.03.14   (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"

 

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 "

 

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 "

 

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"

 

1988.03.28   (Anthony O'Connell to H. A. Higham)
"Good to talk to you Saturday. If you don't see any problems with the enclosed IRS form, please sign it and return it to me in the enclosed envelope I'll attach the copies marked in part II before I send it to the IRS.  As we agreed in the telephone conversation, I'll send you my reasons in writing why I don't want to sell Accotink until after RZ86-86-L-073 has it's zoning approved.
Sincerely, Anthony O'Connell "

 

1988.30.28   (Anthony O'Connell to Virginia State Department for State forms)
"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 "

 

1988.03.30   (Anthony O'Connell to H. A. Higham)
"If you approve, please sign the two enclosed accountings and return to me in the stamped envelope.
The revision of the first accounting is basically a reduction in trustee's fee, ie, from 5% to 1% between us. The "Notice to Fiduciaries" misled me.
The second accounting is for a short year, so I can get this on a calendar year basis.
Sincerely, Tony"

 

1988.03.30   (Anthony O'Connell to H. A. Higham) 
"As you requested, I'll state my views on Accotink.
1. I feel Accotink has increased in value significantly the last year or so, and will continue to do so, especially after RZ-86-L073   is approved. (And after our successful and difficult fight to get access).The current transportation explosion (Springfield
Bypass through Newington begins this spring and supposedly the 1990 Beaulah Road widening this year 1990) and the PDH3-4 explosion of Kingstowne, Lansdowne, RZ86-1-073, etc., can't help but make Accotink more desirable, as does land scarcity.1 feel land values in Fairfax are not volitile (except for temporary moratoriums on developement) but have been continually increasing over the past 20-30 years.
2. Accotink seems an excellent trust investment especially along with the very conservative investments (government bonds?) bought with the Franconia Road proceeds.
Our carrying costs on Accotink are incredibly 1ow.Using the $800,000 contract price and the annua1 $990 real estate tax, the annual carrying costs would be 990/ 800,000 = .1% , or one tenth of one percent. We have an advantage over todays buyer who would have to pay say $800,000 x 9% =  $72,000/year or about 90 times that in financing alone. As you pointed out, todays buyer would consequently have to pay less for the land to afford the heavy carrying costs.
If we sold today and reinvested the money, The federal and state tax would be 28% and 6$(?) respectively of the purchase price and current appreciation costs. Of course we have to sell at some time and take that 34% tax bite, but I feel reinvested Accotink sales dollars don't compete with todays appreciation rate on Accotink.
3.  In spite of Accotinks obvious geological problems with flood plain and marine clay, I feel the$800,000 sales price is low for 15 acres in one of the boomingest spots in Fairfax County. That's$53,333 per acre. The geological problems will not increase but the economical feasability of overcoming the problems (ie., super foundations) will increase. 4.  I do not want to use a realator. I want to sell it myself. Even with a seperate contract the purchase price has to be adjusted down-ward to accomodate them. I see no use for them.
5. This contract gives the unknown purchaser a nine month free option to resell the 1and. Perhaps if he finds he can't make a big profit he steps away clean while we are doing all the work staying on top of the RZ 86-L-073 developer. I want my family to benefit from the work and risks, not some unknown speculator(?). See you at the closing in April.
Sincerely, Anthony O'Connell  
PS
Perhaps this parcel 17 lends itself to something unique like retirement condos in that the buildable land is restricted but it has something unique for Fairfax County-peace and quiet-due to all the buffer space."

 

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."

 

1988.03.30   (Anthony O'Connell to Jesse Wilson)
"My First Account is revised because I misinterpreted the "Notice to Fiduciaries" pamphlet. I understood the usual trustee fee to be 5%.  I now realize it's 1% per year up to a cumulative 5%.  I also revised and gave more detail in my expenses.
The Second Account is for a short year ending December 31, 1987.  It is my hope that I may now file on a calender year basis inorder to coincide with the Federal tax returns. I understood from our telephone conversation of March 28,1988, and from the *"Notice to Fiduciares" pamphlet that I am allowed to do this. Perhaps I have again misinterpreted. If so please correct me.
A check of $130.00 is enclosed f o r the Second Account filing fee.
Sincerely, Anthony O'Connell
*From "Notice t o Fiduciares", page 4, first paragraph: " If an Accounting which is not a Final Accounting is filed before the end of the first, or any subsequent, 12 month period, the date of filing such an Accounting will mark the beginning of the new 12 month period for which the next Accounting must cover."

 

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.

 

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

  • (Anthony O'Connell to Edward White)

Anthony O'Connell is in Edward White's office.  Edward White handed Anthony O'Connell a bill dated 1988.04.16, and Anthony O'Connell wrote a memo on it that said:
"Handed to me April 20, 1988, by Mr. White, in his office Anthony M. O'Connell "

 

1988.04.21   Settlement of sale of parcel 0902 01 0085.

 

1988.05.03   (Anthony O'Connell to H. A. Higham)
"Would you sign the enclosed five (5) checks and return all but the one made out to you to me?"
Sincerely, Tony

 

1988.05.05   (Anthony O'Connell to Jean O'Connell )  
"I'm wasting a lot of time trying to make this letter diplomatically perfect. Instead of wasting more time, I'll just send it and hope my message gets across in an inoffensive way.
After much considered thought about the consequences of moving into the Lynch's property, I've again realized how neccessary it is for me to have my own space.
If you continued to drop in uninvited to tend your flowers, etc., I would feel I was only a handyman and caretaker for your property-because you've owned it for fifty years and because I was your child there. Reversing a lifetime of established behavior is difficult. Our mutual strong sense of territory would be in total conflict.
If I lived there it would have to be with the understanding that the property was exclusively my space. Please respect my feelings even though you may not understand them.
kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk
(Editor's note: Anthony O'Connell blocked this part out because it was just too personal. 
I want to bring this issue up now rather than move there and us possibly have a running fight over it. As wonderful an opportunity as it would be for me, it is not worth the destruction of our relationship.
For me to move there it would be neccessary for you to give up the house, yard, flowers, etc., totally, to remove all the flowers, etc., or forget them. It would be neccessary that you realize that I have only the Lynch's to answer to and that you not come over until I feel comfortable enought to invite you. That could be several months.
If at some point you would be willing to accept the above conditions please let me know and I'll make all preparations for the move. If you decide that you cannot accept them I'll return your check for $15,000.00 with no hard feelings.
What do you think of giving all your flowers to the people at Goodwin House? It seems timely with their 26(?) new flower beds ready for planting. You could see the flowers everyday and the people would love you for it.
It's not that I don't want to see you, I do. I would like to visit you a t your place, pick you up there and go to museums, etc. I just need to be told whether you will accept or not the conditions I need before I make the move.
Love, Tony"

 

1988.05.20   (Anthony O'Connell to H. A. Higham)
"Would you please co-sign the inclosed check for $ 279.50 and forward it to MWB&B in the inclosed envelope?"
Sincerely, Tony

 

1988.05.24   (Anthony O'Connell to Jean O'Connell ) (No copy to another)
"Hope you are doing well.  Concerning a stock broker- I would call a lot of brokerage Houses out of the Yellow pages (unless you have better leads) and tell them you want to speak to a broker about tax free bonds or securities (or what ever else you want to talk to them about). They should be delighted to explain anything you like to you as they are trying to get your business. If you like them after the initial call call them back and talk some more. It's their job to make you understand what ever it is you what to know about. You are never under any obligation and if they make you fell you are forget it. Shop around. I would think that must be a popular subject at Goodwin House.
You should be getting a petition from an asistant in Mr. Prichard's office that requires your signature you order to allow Andy to resign as co-trustee. He agreed to be cotrustee as a favor to me since I needed someone who was a resident of Virginia. Now that I am a resident of Virginia that frees him up.
Please call me or Andy if you have any questions.
Packing is taking forever. Putting stuff in boxes seems to magnify them five fold. Stuff. stuff Stuff 
Love, Tony"

 

1988.05.31   (Anthony O'Connell to IRS in Memphis, Tenn.)
"I received your form letter today saying my form 56 is incomplete, yet no mention is made of what information you seek. Because you have inclosed SS-4 I would guess that you want me to fill that out, but that would give the trust two EIN numbers. I have tried to call your office but the number given out by directory information connects me with Kansas City.
Having worked for the IRS in Saint Louis, I know what incredible frustration and confusion result from two EIN numbers.
I can only give you the information you want if you tell me specifically what you want.
I would hope I am not going to spend significant time responding to form letters where I have no option to call and try determine what it is you want.
I have gone over again the form 56. I see no portion that is incomplete.
I am returning it to you as I have no other option. If you return it to me again for no apparent reason I will assume that you don't want it but let the record show that I tried twice.
Sincerely, Anthony O'Connell "

 

1988.06.07   (Anthony O'Connell to H. A. Higham)
"The enclosed two checks are for estimated tax for the trust (State and Federal.)  The tax is for the entire year.  They are both due June 15, 1988. 
Would you please co-sign the check in each envelope and forward them in the enclosed stamped envelope?
I guess the mechanism for letting you off the hook as co-trustee is going ok.  I dropped my mother a note about two weeks ago saying she would be getting a petition from Prichard to allow you to resign. It required her signature.
I hope to have moved to Va. Within the next 4 weeks."
Sincerely, Tony

 

1988.06.27   (Anthony O'Connell to H. A. Higham) 
"Would you please sign and forward the inclosed check?
I ' m coming to Springfield sometime this week for a July 7 meeting concerning the proposed Fairfax County Park at Amberly.  Perhaps there's some angle I hadn't thought of, but I see no problem with the park as related to any future develop of parcel 17.
I would like to see you on a friendship basis, lunch, what ever. I'll call you when I get to town and see if you can spare the time.
Sincerely, Tony.
P.S.
It's been wonderful having you as a co-trustee you did a wonderful thing for me and my family. I'll miss you in that capacity."

 

1988.08.22   (Anthony O'Connell to Jesse Wilson)
"Enclosed is a certified true copy of the court order signed by Judge Brown accepting the resignation of Herbert Anderson Higham as co-trustee, subject to the approval of this, the Third Account.  A check for $30.00 is enclosed for the filing fee.
Sincerely, Anthony O'Connell "

 

1988.08.23   (Anthony O'Connell to Jean O'Connell )
"Hope you are well. I'm glad the lift salesmen called you. The rug you gave me that you wanted return I sent back via UPS about two weeks ago. If you didn't get it please call me.
I've enclosed a copy of the real estate tax bill on Accotink to show you that it is sent in "care" of me not "as owner".  I am not aware of any way in which paying someone else's real estate taxes entitiles them to become the new owner. If someone told you that I had, had or that it is even possible, to have the bill made out to me as owner, they are just fanning the flames of conflict.
Since you paid the trust's portion of all real estate taxes since the inception of the trust because the trust had no cash, you are now to be reimbursed. I felt that since the trust now has cash, that the trust is responsible for it's own expenses and obligations against it, that the trust has to have a bill or document to justify any expenditure, and that the income and expenses against income passing through the trust to you has to be accounted for by the trust, it seemed reasonable for the trust to get the bill.
Fairfax will not send two bills or duplicate bills to different addresses. They could not allocate seperate checks to your portion and to the trusts portion. If two seperate checks were sent it would have to be cordinated quickly inorder to prevent the 10% penalty.
I called Fairfax to find out how the bill could be sent to you if that's what you still want. They told me that only the person who will be paying the bill can change it, ie., you.
If you want the bill sent to you fine, I think your power of attorney may have some ideas on some arrangement where I can fulfil my responsibilities as trustee and your needs are meet. 
In light of this misunderstanding, perhaps it would be better if your CPA and/or power of attorney sent me an accounting of all of the real estate taxes the trust owes you, rather than I do it. I will wait to hear from your power of attorney.
I don't know what you mean that you don't believe you could bear to see it (Oak Grove) from what (you) I have heard? Has my home been vandalized or are you referring to my landscaping? It makes me think of your comment as to whether I had secretly promised the Lynch's that I would destroy the place. I can only say no I did not, and that I waited until the day after settlement to ask the Lynchs if I could rent it in order to avoid any hint of duplicity .
In my May 5th letter I asked you whether you would accept or not accept me moving to Oak Grove on the conditions I stated. and that there would be no hard feelings if you said no. On your verbal acceptance I put my house up for sale, packed, and Andy has resigned as co trustee. Because I felt that you resented me living there when I visited you in July, I resubmitted that letter of May 5th to you, and asked you to sign it as to whether you would accept or not accept it, and you declined. If it offended you I apologize. My purpose was to find out how you really felt about me living there.
I would very much like to try to air out any misunderstandings, or to find out if they are other than misunderstandings. Would you be willing to tell me what you consider I did wrong since I began trying to fund the trust in 1985? I feel the worst that could happen is that there would be no improvement in our relationship, and that the potential of increasing the quality of our relation ship is considerable.
Please do tell me what you consider I did wrong since I began trying to fund the trust in 1985.
 I look forward to hearing from you."
Love, Tony

 

1988.09.07   (Anthony O'Connell to Edward White) (Copy to Jean O'Connell)
"I understand that my mother has appointed you her power of attorney and she desires that all her matters pertaining to the trust u/w of H.A. O'Connell be handled by you. Accordingly, I am enclosing for your information a copy of the recently submitted Third Account.
Would you please send me a copy of the document that defines your power of attorney?"
Yours truly, Anthony O'Connell , trustee

 

1988.09.27   (Anthony O'Connell to Jean O'Connell )
"Thanks for your letter. It sounds as if your enjoying Goodwin House more and more.
I'm glad you agreed to tell me what you think I did wrong since begining to fund the trust in May of 1985. What I need inorder to address any of the issues is very complete and very specific information, ie., exact information as you can remember and as complete information as you can remember. I would hope that you could do it in one letter so as not to drag it on indifintely. I know it is a lot of time, effort and work on your part to write down every specific thing since day of 1985 but I think we both would be better off from here on out.
Please tell me how you decide to handle the Accotink real estate tax. You mention in your letter "Do I understand that you will be paying the other half in December?" If you want me to continue to pay the entirity from the trust and send you a copy of the paid bill I would be happy to do that. Please let me know. Also, I have not heard from your accountant or attorney concerning an accounting of the back taxes the trust owes you.
I noticed that you don't sign your letters any more or just use the letter "M". Why is that? Some people in St. Louis are upset that during the debate George Bush used St. Louis as an example of bad public housing. It is horrible. He's right.
I trust you had a good trip to Richmond."
Love, Tony

 

1988.10.26   (Anthony O'Connell to IRS)
"There has been no income produced from this trust until 4/22/88.  I understand that it is therefore unnecessary to file tax returns prior to tax year 1988."
Yours truly,  Anthony O'Connell

 

1988.10.26   (Anthony O'Connell to Jean O'Connell )
"Thanks for calling me on my birthday. Congratulations on your new van. As to your request for money from the trust, you can see from the latest accounting I sent you and your attorney that the net income is $-5,906.72. As executor of Dad's will you know that the trustee can not release the trust's capital ($63,982.14 as of today) without something like an affidavit from you showing you have no other income or assets available from any other source. If that is the case please send me the affidavit. In April, 1989, the annual interest payment on the Lynch's note will pay you $56,334.68 plus $ 48,181.18 less expenses from the trust."
Love, Tony

 

1988.11.01   (Anthony O'Connell to Jean O'Connell ) 
"I paid the enclosed Accotink real estate bill out of the trust.  Again, if you want it done differently, please tell me how you want it done."
Love, Tony

 

1988.12.01   (Anthony O'Connell to Sheila (In Commissioner's office)
'In response to your letter of November 2, 1988, I am enclosing the receipts for the phone, postage and copy/office supply expenses. The trips were made to protect the interest of the 15 acres of unimproved land at Accotink. A large development (Rezoning application RZ86-L-073) bordering the south and east would have effectively land locked this parcel. I attended neighborhood meetings, did research at Fairfax County Offices, consulted with area engineers and attorneys and in general studied this parcel and what was happening around it. At present we have won a 50' easement through the development. Trip 7 in April of 1988 also included settlement of the sale of 3.2 acres of real estate. The phone bills increased after the sales contract in December of 1987 and decreased after the April 21, 1988, settlement.
(Editor's note: Part with numbers not included here)
The trips were necessary and the telephone, copy and postage expenses high because I lived in Missouri. I have since made a permanent move back to Fairfax County in order to stay on top of the Accotink development."
Yours truly, Anthony O'Connell , trustee

 

1988.12.16   (Anthony O'Connell to Jean O'Connell )
"Hope you are having a good visit with Richard. He must be happy about the car. I understand that Carr, Inc., the new owner of the adjacent development to the Accotink property, will submit his rezoning plan in the next few weeks. I think now is a good time to test the marketability of Accotink. I would like to contact some potential buyers and in general let it be known that it is for sale at $75,000.00/acre or $1,102,500.00. No commitments would be made, no realtors involved. It would simply be letting people know that its for sale. What do you think? If you have any questions please call me or Andy."
Love, Tony

1989

1989.01.01   (Anthony O'Connell to Jean O'Connell) 
"I have a buyer for Accotink, $ 1,100,000 cash[.]  If you'd like to sell, please sign & date the three contracts & and call me so I can pick th take them to the buyer.
Love, Tony  971-2855
Time is of the essence"

 

1989.03.09   (Anthony O'Connell to Jean O'Connell ) (Copy to Joanne Barnes)
"Enclosed is a Schedule K-1 (Form 1041) showing no income to you in1988. Also enclosed is a check for $l, 482.20. This is reimbursement to you for taxes you paid when the trust had no cash. It is not taxable.  Although the trust instrument, the will of H.A. O'Connell, was activated at his death on May 26, 1975, the date of 6/20/86 has been used as the date of the inception of the trust. This is the date the trustees qualified and the date the trust was funded. (Editor's note: See this letter in .pdf for the lines and columns of numbers that are not included here)
Love, Tony"

 

1989.04.11   (Anthony O'Connell to Jean O'Connell ) (Copies to Edward White, Joanne Barnes, Jean Nader, Sheila O'Connell and the Commisioner of Accounts)
"In hopes that it may be of some help I am sending you, your Power of Attorney, your CPA, Jean and Sheila copies of all the financial records of the trust.
The filings to the Commissioner of Accounts are divided into two seperate accounts, one for capital and expenses against capital , and one for income and expenses against income. These two accounts are kept separate because, as you know, the net income goes to you and the net capital stays in the trust and is eventually distributed t o the secondary beneficiaries if you do not require it in accordance with Dad's will.
Because the note from the sale of the residence provides only one annual payment on April 21, you will consequently receive one annual payment from the trust shortly thereafter. I need a little time to deduct trust expenses from this income(not expenses against capital) before forwarding the balance or net income to you.
The income generated from existing cash in the trust has not been more than existing expenses. The backlog of expenses since 1985 has been carried forward thru 1988, the first year the trust had cash.
I welcome any questions or comments anyone may have.
Love, Anthony O'Connell "

 

1989.04.24   (Anthony O'Connell to Jean O'Connell) (Copies to Jean Nader, Sheila O'Connell, Joanne Barnes and Edward White)
"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"

 

1989.06.27   (Anthony O'Connell to Carl Sell) (Copies to Joseph Alexander, Robert Lawrence, Members Lee Didtrict Land Use Planning Commission, Members Fairfax County Planning Commission, Lin Lemon, John Herrington, John Winfield, Kevin Guinaw, Barbara Byron, Jean O'Connell, Edward White and Ken Sanders)
"I am writing on behalf of my mother, Ms. Jean O'Connell , owner of Parcel 17.
Zoning attorneys tell me that this property cannot be developed at its present zoning of R-1 unless its required public streets access the public system over continuous dedicated public streets. The enclosed FDP of RZ 86-L-073 shows only a meandering right-of-way connecting to a private street with perpendicular parking. A public street cannot be built on the right-of-way, as VDOT will not permit such a connection. (Please see Appendix I.) I understand that under the rules of interparcel access, property cannot be landlocked, nor can a potential development under existing zoning be negated by adjacent rezoning.
Cinder Bed Road does not access Parcel 17. Aside from its opening into an industrial development, and whether construction of a public road down the center of a flood plain would be approved, this property was never dedicated as a road. (Please see Appendix II.)
Over the past several years, requests to get a proper access through RZ 86-L-073 have been in vain. Without the Carr development, there is a possibility of future access; if their plan is approved now, Parcel 17 will be forever landlocked.
Mr. John Herrington, Chief of the Site Analysis Branch of the Office of Transportation, states in his letter of December 23, 1986, page 10, footnote #3:
"A stub connection needs to be provided to parcel #17 in order to provide public street access to a potential residential development."
Construction of a public road to Parcel 17 is needed, and Ms. O'Connell is willing to share the cost equally with the rezoning applicant. In the past, access to Parcel 17 was from Beulah Street through the Hunter tract/RZ 86-L-073. This road is shown in red on the 1958 tax map in Appendix II.
I understand that the developer has proffered a large amount of money for off-site road construction, and that politically, this "tail wags the dog." If gifts make thing happen, please consider Jean O'Connell 's contributions listed in Appendix III. Although, like members of the Lee District Land Use Advisory Committee, her expertise was given without thought of future compensation, I hope you will weight the long term value of her many generous acts.
Thank you for your attention.
Yours truly, Anthony O'Connell "

 

1989.06.28   (Anthony O'Connell to Jean O'Connell)
"Hope you had a good time at the beach.  Jean Mary certainly looks incredibly nice for 51 years old.  I hear you are doing a big job for the Springfield Chamber of Commerce.  Enclosed is a copy of the "paid" tax bill for Accotink, for your records, ie. You don't have to worry about paying the real estate tax on Accotink.
Love, Tony"

 

1989.06.29   (Anthony O'Connell to Jean O'Connell) (Copy to Jean Nader, Sheila O'Connell and Edward White)
"I imagine you may be alarmed by the sentence "..and Ms. O'Connell is willing to share the cost equally with the rezoning applicant. 
Without a proper access road, I estimate the value of parcel 17 would drop $300,000.00  to $800,000.00.
If it actually comes down to constructing it, and you do not want to pay 53.9006% of what ever parcel 17's portion will be, the trust will pay the entirety . There is no other choice.
Love, Tony"

 

1989.07.17   (Anthony O'Connell to Carl Sell)  (Copies to Joseph Alexander, Robert Lawrence, Members Lee District Land Use Planning Commission, Members Fairfax County Planning Commission, Lin Lemon, John Herrington, John Winfield, Kevin Guinaw, Barbara Byron, Jean O'Connell, Edward White, Ken Sanders, Lee District Citizens Associations and Board of Supervisors)
"I am writing on behalf of my mother, Ms. Jean O'Connell , owner of Parcel 17.
Zoning attorneys tell me that this property cannot be developed at its present zoning of R-1 unless its required public streets access the public system over continuous dedicated public streets. The enclosed FDP of RZ 86-L-073 shows only a meandering right-of-way connecting to a private street with perpendicular parking. A public street cannot be built on the right-of-way, as VDOT will not permit such a connection. (Please see Appendix I.) I understand that under the rules of interparcel access, property cannot be landlocked, nor can a potential development under existing zoning be negated by adjacent rezoning.
Cinder Bed Road does not access Parcel 17. Aside from its opening into an industrial development, and whether construction of a public road down the center of a flood plain would be approved, this property was never dedicated as a road. (Please see Appendix II.)
Over the past several years, requests to get a proper access through RZ 86-L-073 have been in vain. Without the Carr development, there is a possibility of future access; if their plan is approved now, Parcel 17 will be forever landlocked.
Mr. John Herrington, Chief of the Site Analysis Branch of the Office of Transportation, states in his letter of December 23, 1986, page 10, footnote #3:
"A stub connection needs to be provided to parcel #17 in order to provide public street access to a potential residential development."
Construction of a public road to Parcel 17 is needed, and Ms. O'Connell is willing to share the cost equally with the rezoning applicant. In the past, access to Parcel 17 was from Beulah Street through the Hunter tract/RZ 86-L-073. This road is shown in red on the 1958 tax map in Appendix II.
I understand that the developer has proffered a large amount of money for off-site road construction, and that politically, this "tail wags the dog." If gifts make thing happen, please consider Jean O'Connell 's contributions listed in Appendix III. Although, like members of the Lee District Land Use Advisory Committee, her expertise was given without thought of future compensation, I hope you will weight the long term value of her many generous acts.
Thank you for your attention.
Yours truly, Anthony O'Connell "

 

1989.08.11   (Anthony O'Connell to Ken Sanders)
"I apologize for overstaying the unscheduled visit you graciously allowed me yesterday.
I would like to confirm my request to your secretary today, that you please iniate a title search and title insurance on my farm in Highland County, Virginia. I close August 31, 1989. Please bill me seperately from the trust business (land by Carr).
As to which of us doing what concerning Carr, I plan only to periodically review the 86-L-073 file at the Office of Comprehensive Planing to see what's new. In the event I feel I should be doing something else, I would first consult with you.
From our conversation yesterday I understand the next step is your letter making it clear that we want to construct our public road at the same time Carr constructs his.
Thank you for the important issues you raised in your draft letter last month, that allowed my letter to be, apparently, effective.
I very much appreciate and value your counsel.
Sincerely, Anthony O'Connell "

 

1989.09.05   (Anthony O'Connell to Carl Sell) (Copies to Members Planning Commission, Members Board of Supervisors, Robert Lawrence, Lyles Creighton, John Herrington and Kevin Guinaw)
"I am writing on behalf of my mother, Ms. Jean O'Connell, owner of parcel 17.
We support the applicant's development but are concerned that the wording of the proffer concerning parcel 17 negates any potential development at its present zoning of R-1.
I have probably missed other technicalities but have been advised that the proffered "Access easement" does not give us permission to construct a dedicated public road. We never will get this permission unless it is with RZ 86-L-073. Parcel 17 will become a de facto park if not guaranteed the dedicated public street as required in Appendix I.
After 2 1/2 years, I realize there is a strong determination to keep this area as open space. However, if it is to remain a park, it should be purchased for that purpose.
Please consider the attached proffer to correct this problem."
Yours truly, Anthony O'Connell

 

1989.09.18   (Anthony O'Connell to Board of Supervisors) (Copies to Members Planning Commission, Robert Lawrence, Lyles Creighton, John Herrington and Kevin Guinaw)
"I am writing on behalf of my mother, Ms. Jean O'Connell, owner of parcel 17.
We support the applicant's development and would like to thank him for extending the public road in Bay A in order that parcel 17 can be developed.
I would also like to thank Mr. Carl Sell at the Planning Commission the other week for changing the proffer to read a dedicated right-of-way rather - than a dedicated access easement, in order that parcel 17 can be developed.
However, I am concerned about a prerequisite that was added to the proffer on September 8, 1989. It reads "Subject to the approval of DEM and OCP, the applicate will dedicate . . . etc.."  I am concerned because I have not been able to get approval from OCP for the past 2% years.
In fairness and because its the law; I believe parcel 17 should be guaranteed the necessary road with RZ 86-L-073.
Appendix I lists the landscape designs my mother has done for school, hospitals, churches and historic properties. Although her work has been nationally recognized, she did these nineteen projects without compensation. I think it is fair to say, that if feeling is so strong to make parcel 17 a permanent park, it should be purchased for that purpose, and not made a de facto park by crippling development at its present zoning.
Appendix II lists the laws concerning interparcel access in the County Zoning Ordinances, the Public Facilities Manual, the County Comprehensive Plan and the State Code.  I interpret them as guarantying parcel l7 the right to construct the necessary road to support development at its existing zoning.
In short, I ask that you consider deleting the two words and OCP from the first sentence in proffer 26, and that no other limiting words be added. I ask that it read "Subject to DEM approval..... etc. "rather than "Subject to DEM and OCP approval ... etc."
Yours truly, Anthony O'Connell "

1990

1990.01.23   (Anthony O'Connell to Jean O'Connell) (Copies to Joanne Barnes and Edward White)
"I am required to file with the IRS a copy of the enclosed schedule K-1 (Form 1041) . It shows the annual net income you received from the trust during 1989. It was all from interest and was disbursed to you by check dated 4/24/89.
Love, Anthony O'Connell "

 

1990.11.02   (Anthony O'Connell to Ken Saunders)
"I'm writing to ask if you would meet with me to discuss options on 94-001-17 and consider representing me a gain in a capacity you are comfortable with.
I apologize for the awkward and embarrassing situation I put you in at the Lee District meeting. I simply did not see you. There is no way in hell I would have gotten up to speak if I knew you were there. If I was stareing at you I still did not see you. I was too preoccupied.
After we parted I went to McQuire, Woods, Battle and Boothe. They dropped me like a hot potato when I told them my previous attorney and I parted company. I have seen no one since. I need counsel and yours was excellent.
Look 'Hoos # 1 in the nation!
Sincerely, Anthony O'Connell '
(Enclosure to above)
"Present Status    I have not done anything since the rezoning approval on 9/18/89, except last month went to see site plans for Development Bay A. It had not yet been approved and had been rejected three times. I did not understand why the area around the "accesss road" was to be dedicated to different entities.  I could not get a copy but have made a very, very rough approximation of the different areas on the attached plan.
Assessed value of parcel 17 went from $300,000 to $ 600,000 on 1/1/90.
Cul-de-sac at "access" is permanent!"

1991

1991.01.18   (Anthony O'Connell to Jean O'Connell)
"I could not resolve your title problem with Sovran Bank in a follow up phone call. I was reminded that they could not permit me access to your financial information, but they did agree to send you a complete financial history of the loan for the van. 
If it is not resolved to your satisfaction, I suggest that you call your attorney and power of attorney, Mr. Ed White.
Love, Anthony O'Connell "

 

1991.01.20   (Anthony O'Connell to Jean O'Connell) (Copies to Joanne Barnes and Edward White)
"I am required to file with the IRS a copy of the enclosed schedule
K-1 (Form 1041). It shows the annual, net income from the trust that you received in 1990. It was all from interest and was disbursed to you by check dated 4/26/90.
Yours truly, Anthony O'Connell , trustee"

 

1991.07.23   (Anthony O'Connell to Stephanie (in Commissioner's office))
"Enclosed are the canceled checks you requested. The $ 97.11 for telephone expenses {Receipts are on pages R-23 through R-26 of the Fifth Account) were first paid with personal funds along with my personnel phone bill. I later reimbursed myself this $97.11 plus other reimbursable amounts on the enclosed check #I27 dated 4/24/89.
In my previous four Accounts I submitted canceled checks only if there was not a bill to substantiate the charge. As a general rule for the future, would you like both the bill and canceled checks for all items?
If there is any other information you might find helpful, please let me know.
Yours truly, Anthony O'Connell , trustee"

 

1991.07.24   (Anthony O'Connell to E. A. Prichard)
"Thank you for reviewing my father's will and your letter of July 2, 1991. The payment of $100.00 is enclosed.
I understand that my mother had a will made at this same time. If so, can you send me a copy for my records?
Thank you for your continuing and excellent service.
Yours truly, Anthony O'Connell "

 

1991.08.19   (Anthony O'Connell to Jesse Wilson)
"The above referenced trust contains 46.0994% of a parcel of unimproved land, Fairfax County Tax number 90-4-001-17.
The total parcel was valued at $75,000.00 after probate in 1975. Today Fairfax County assesses the value at $600,000.00. Would you permit me to use today's value, rather than 1975's, in the trust accounting?
This would increase the trust's portion of the parcel from $34,574.55 to $276,596.40.
$ 75,000.00 x 46.0994% = $34,574.55
$600,000.00 x 4e6.0994% = $276,596.40
After our telephone conversation I understood you would prefer that I continued with the 1975 value. Would you allow me the change even though you prefer the existing value? Thank you for your help over the past six years.
Yours truly, Anthony O'Connell , trustee"

 

1991.09.15
Jean O'Connell died on September 15, 1991.

 

1991.10.01 Certified  (Anthony O'Connell to Virginia Department of Taxation)
"I am alarmed by the inaccuracies in your letter of September 25, 1991. A copy of that letter is enclosed as you requested.
1. The taxpayer identification number is not a social security number but an employer identification number, EIN 62-6209167.
2. The return is not a 1990 Virginia Individual Income Tax Return, but a 1990 Virginia Fiduciary Income Tax Return.
Just for the record, a return envelope was not enclosed for my convenience.
As you requested, I am enclosing a copy of Form 1041, U.S. Fiduciary Income Tax, 1990, as well as Form 770, Virginia Fiduciary Income Tax Return, 1990.
Would you please correct your computer data? Thank you.
Anthony O'Connell , Trustee"

 

1991.10.03   Certified (Anthony O'Connell to Jean Nader)
"Thank you for the two week postponement of allowing Mr. White to become Co-executor.
I hope you show the enclosed information to your attorney and to anyone else, and that it convinces you Mr. White should not again be put in control of our family's financial future. The decision you make is pivotal and determines who will guide the course of the fifteen acres at Accotink and it's eventual sale price.
Because Mr. White is not a member of our family nor a future beneficiary of Accotink, I believe his focus as co-executor would be to settle the estate quickly and take his 2.5% commission {approximately $900,000.00 x 2.5% = $ 22,500.00). To the beneficiaries the potentially greatest financial return will be the future sale of Accotink. In the past three or four years Accotink's accessed value for real estate taxes has gone from $75,000 to $300,000 to $600,000.
I do not trust Mr. White. The two instances I can document are these:
1. CONTRACT ON THE HOUSE. On December 28, 1987, I entrusted the $1.4 million dollar contract on the house to him for settlement. Andy an& I as trustees in effect owned 46.0994% of the property in fee simple. My repeated requests for information over the next two months went unanswered. Please notice the nine phone calls to his office from December 14 through 19. I was put in the embarrassing position of calling the b m to try to get information. Please note on page 10 of the sales contract that
"All notices or communications required or permitted under this agreement shall be . . . . . . . . to the following addresses . . . . . . . .
(a) if to the seller:
Anthony M. O'Connell, trustee
2337 South 13th Street
St. Louis, Missouri 63104
Mr. White is not mentioned anywhere in the contract.
I did not receive the final papers Mr. White mailed to my Saint Louis address less than a week before closing because I had come east for the closing. I think that could have been foreseen.
After walking into Mr. White's Office the day before closing I was told by Mr. White that he was not representing me but my Mother. I feel quite strongly that I should have been told beforehand, before he accepted my contract, for instance. If I had know he wasn't going to represent me, believe me, I wouldn't have spent two months trying to contact him. I would have hired someone else to represent the trust.
I also found out that day before settlement that Mr. White had written himself in as trustee at a 5% commission on the deed of trust with the Lynch Limited Partnership. At that late date I did not make an issue of it. When I suggested that closing be delayed Mr. White said he would force the sale. Remember.. I had gotten this contract entirely on my own and entrusted it to him.
I was naive and made a mistake by giving him that position of trust. It would be irresponsible of me to agree to again put him in a position of trust.
2. HIS LETTER OF MARCH 15, 1991. On the surface it appears that I must have done something terribly wrong. I would think that the copy he sent to my mother would have the same effect on her. I cannot say that he plays on the fears and insecurities of the elderly. I can say that at no time in the past six years has there been the slightest attempt at cooperation.
Frankly, I lose my objectivity in trying to respond to this letter. Mr. White knows it is misleading. What is he really saying I did wrong? I am enclosing a rough draft of a response to his letter.
If all three beneficiaries of the estate and you as co-executor insist that Mr. White not be co-executor, he won't be. I feel he would not want the documentation here made public. An attorney is not required to settle an estate any more than one is required to run a trust. An attorney is necessary for consultation and as a source of advice. They should not make decisions for you. If you or your Pennsylvania attorney would like information on Virginia law, a source other than Mr. Whites that I would reccommend is Mr. Ed Prichard of McGuire, Woods, 3attle and Boothe at 1703) 712-5000.
Jean, I do not want to pressure you into a decision you feel is not right. I do want you to know the importance of it. If you consent to Ed White as co-executor he would be in control of Accotink by definition.1 feel as resident co-executor he will do whatever he wants just as he did with the contract I entrusted to him. After thinking back over the past six years in order to write this letter, I realize I do not want to continue with Accotink if Mr.White qualifies as co-executor. I will turnover Accotink to you all and mail all the financial papers to you. I am tired of fighting him and I would lose if he gets co-executor power. I've had it. I am tired of the unnecessary obstacles and having to justify myself for the umpteenth time. I am tired of having my integrity questioned. I've got some money now and I am going to enjoy my life.
In summary, my 1985 decision to carry out my portion of my father's Will cost me the co-executorship of my mother's will and incredible personal anguish because of the consequential estrangement from my family. I would do it again. There was no other choice I could live with. Since the trust was funded the assets in it now escape the 40% estate tax. From the enclosed summons the Sheriff posted on mothers door, I believe Fairfax County also thought Dad's will should be executed. As mother's legal advisor, Mr. White should have encouraged her to do so."
Sincerely, Anthony O'Connell "

 

1991.10.23   (Anthony O'Connell to E. A. Prichard)
"Glad you are willing to write the land trust agreement and deeds for "Accotink", Tax number 90-4-001-17.
If you need more than the enclosed information, please give me a call.
1. Deed of original purchase of Accotink with description of property, Book 831 at page 216, December 27, 1950.
2. Survey by Joseph Berry, {Now Paciulli, Simmons & Associates, Ltd.) 15.329 acres, never recorded, January 20, 1953.
3. Sewer easement, Book 831 at page 216, September, 1965
4. Deed of Partition to undivided one-half interest, Book 4026 at page 454, April 30, 1974.
5. Document of probate concerning my Dad's will, Will Book 201 at page 109, June, 1975.
6. Mother's will dated May 30, 1985, with codicil dated
September 20, 1985.
4. Beneficiaries {3} who inherited 1/3  interest each in Accotink through mother's will and trust set up by Dad's will. {My mother owned 53.9006% and the trust owned 46.0994%).
A. Jean Mary Nader
350 4th Avenue
New Kensington, Pennsylvania 15058
{412) 337-7537
Jean has been separated from her husband, Dr. Howard Nader, for three years. They will be divorced. They have four children.
B. Sheila Ann O'Connell
44 Carleton Street
Portland, Maine 04102
1207) 774-1914
Husband is Pierre Shedvenell. They have three children.
C. Anthony Miner O'Connell
6541 Franconia Road
Springfield, Virginia 22150
{703) 971-2855
I am divorced and have no children.
Yours truly, Anthony O'Connell "

 

1991.11.25   (Anthony O'Connell to Sheila O'Connell )
"I need to verify your correct legal name and spelling for the Land Trust Agreement.  Is it Sheila Ann Tierney Shevenell O'Connell ?
Would you please write your correct legal name on this paper, sign it, and return it to me in the enclosed stamped and self addressed envelope?  Time is of the escence.  Thanks.
Love, Tony"

 

1991.12.31   (Anthony O'Connell to Sheila O'Connell and Jean Nader) (Copy to Edward Prichard)
"I talked to Mr. Ed Prichard again yesterday concerning the future of Accotink. At this point it seems to me that the best approach is to form a Subchapter 3 Corporation. A Virginia Land Trust would be my second choice.
Before going any further with it and incurring more expense {I'm told that forming a Subchapter S Cooperation would. cost about $500.00) I want to double check with both of you on whether or not to go ahead with it.
My goal with Accotink has been and would be to sell it at the maximum possible price, split the money our three equal ways, and that's the end of it. If I undertake this venture I ask that I and I alone be in total and irrevocable control of Accotink. I can not stress the control issue too much. In many of my previous contestations in protecting our interest in Accotink, immediacy was essential. Getting prior approval or not being assured that I can carry out something to fruition is to me too much of a handicap. I would much prefer that you say no to this now rather than later. The Cooperation could also act as a mechanism to distribute the two notes from the Lynch Limited Partnership to us three beneficiaries less the expenses of Accotink such as real estate taxes, attorney fees, business expenses, the unexpected, etc.. The unexpected could involve something as unusual as trading wet lands with Metro. The co-executors of Mother's estate could release their note to the Cooperation after probate and when they are ready.
I would do this without compensation. My motivation besides family duty is that I get a maximized third of the sale price. Please respond as soon as possible.
Sincerely, Anthony O'Connell "

1992