First thing is to have the final accounting . . .
send it to me - Jean O'Connell
Deed or receipt;
The fraudsters instruct Jean O'Connell to accept a document under the guise that
it is a mandatory requirement, such as a deed or receipt. But it is actually an
agreement basically negating the testamentary trust created by our Dad's Will.
A deed or receipt is a mandatory requirement. An agreement is a choice.
1985.05.?? (Jean OConnell's memo of her phone call to her CPA Joanne Barnes)
"Joanne - 549-7800
[Jean O'Connell's instructions to her CPA]
My son Tony called. He said he wanted very much to be the full trustee with an agent to receive notices and processes from the court & commissioner as in the May 8th letter. First thing is to have the final accounting based on same figures as in the 1st accting. Send it to me- do I have to sign it"
[The CPA's counter instructions to Jean O'Connell]
call- will do draft of final acting. Deed to property-convey to court. Needs how much
Enclosure: (The following version is the version at Book 381 pages 1577-1578)
THIS *AGREEMENT [Jean O'Connell was lead to believe that this document was , made this 28 day Jan, 1986 by and between JEAN M. O'CONNELL and ANTHONY M. O'CONNELL and HERBERT ANDERSON HIGHAM, Trustees, provides:
WHEREAS, under the Will of the late HAROLD A. O'CONNELL, which Will has been admitted to probate among the records of the Circuit Court of Fairfax County, certain property was left to ANTHONY M. O'CONNELL, Trustee,
upon the terms and conditions of the trust set forth in the aforesaid Will;
WHEREAS, ANTHONY M. O'CONNELL is not a resident of the Commonwealth of Virginia and HERBERT ANDERSON HIGHAM has qualified as Co-Trustee in this case;
WHEREAS, the corpus of the Trust, as presently constituted, consists of a 46.0994 percent ownership of two parcels of real estate located in Fairfax County, Virginia, the first being known as 6541 Franconia Road, and is the residence of JEAN M. O'CONNELL, the second being fifteen (15) acres of land located in Accotink Station, identified as Map Reference number 090-4-01-0017;
WHEREAS, it is the desire of the parties to fund the Trust as set forth in the Will and to provide security for JEAN M. O'CONNELL, and stability for the Trust;
IT IS HEREBY AGREED that in re-turn for mutual promises as consideration for this agreement, the parties agree to the following:
1. The Co-Trustees, by their signatures hereupon, acknowledge receipt of the 46.0994 percent ownership of the two parcels referred to above.
2. JEAN M. O'CONNELL hereby agrees that she is the owner of the remaining 53.9006 percentage interest of the two parcels referred to above.
3. JEAN M. O'CONNELL hereby agrees that she will at all times pay the real estate taxes and other costs of maintaining these two parcels of property.
4. The Trustees hereby agree that during the life of JEAN M. O'CONNELL, they will not sell or attempt to sell by partition or otherwise, either of the two tracts of property without the written permission of JEAN M. O'CONNELL.
5. The Trustees agree that if either property is sold during the life of JEAN M.. O'CONNELL she will be reimbursed from the sale proceeds the principal of all real estate taxes on that property paid by her which are attributable to the percentage ownership of the Trust.
In all other respects, the parties hereto agree that they are bound by the terms of the Wil1 and Trust established therein.
JEAN M. O'CONNELL (seal)
ANTHONY M. O 'CONNELL (seal)
HERBERT ANDERSON HIGHAM (seal)"
* This is a scam. Jean O'Connell was lead to believe that this document was a legal requirement, a Deed to property-convey to court, a receipt, etc., as in a mandatory requirement. The CPA-lawyer didn't give her a choice.
1986.06.26 (Edward White to Jean O'Connell)
"At last, we are ready to file the final Accounting in this case.
In order to spare you having to mail documents back and forth, I am notifying Jo Ann Barnes to begin the accounting and sending her a copy of the Agreement wherein your son and Mr. Higham acknowledge receipt of the Trust property.
Miss Barnes will contact you at the time your signature is needed.
Sincerely, Edward J. White"
The CPA's counter instructions are hooks. The covert deed to property - convey to court., presented as a legal requirement, as in mandatory, will metamorphose into an Agreement, as if it were Jean O'Connell's choice.
Similar pattern (below)
This is similar to instructing Jean O'Connell to come into the Court to do some still unknown thing.
My best guess is that it was what blocked the co-trustees from qualifying as Trustees on May 1, 1986.
1986.04.25 (Edward White to Henry Mackall, in part)
"I would appreciate it if you would forward this to Mr. O'Connell and clarify with him his intention to qualify on May 1st. If he does not agree or requests further delaying tactics, I feel that I have no other recourse in serving my client than to seek to have him removed as a Trustee. This matter is costing Mrs. O'Connell dearly with the delay."
1986.05.08 (Henry Mackall to Anthony O’Connell and H.A. Higham)
"Enclosed please find a copy of my letter to Mr. White together with copy of a proposed Petition and Order in connection with the bond problem we ran into when you attempted to qualify [On May 1]. I have discussed this with Mr. White and expect no problem getting it entered. If either of you have any objections to anything in either of these documents please let me know.
Sincerely, Henry C. Mackall”