Transcript of Proceedings to Sell My Mothers House at 917 Old Trent's Ferry Road in Lynchburg, Virginia
VIRGINIA:
IN THE CIRCUIT COURT FOR THE CITY OF LYNCHBURG
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CREIGHTON WESLEY SLOAN, Guardian
of Helen Marjorie Sloan,
Plaintiff,
v
HELEN MARJORIE SLOAN,
SAMUEL H. SLOAN, and
CREIGHTON WESLEY SLOAN,
Defendants.
Photo of the House at 917 Old Trent's Ferry Road
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PROCEEDINGS BEFORE THE
HONORABLE J. MICHAEL GAMBLE
September 1, 1992
Lynchburg, Virginia
EVANS & COMPANY
Court Reporters
Post office Box 11822
Lynchburg, Virginia 24506
(804) 239-2552
Reported by: WENDY J. PORTANOVA
Appearances:
CECIL W. TAYLOR
Attorney for the Plaintiff
FRANK G. DAVIDSON, III
Attorney for the Defendant
I N D E X
Page
CREIGHTON WESLEY SLOAN
Direct Examination by Mr. Taylor ------- 5
Cross-Examination by Mr. Davidson ---- 11
JOHN M. PAYNE
Direct Examination by Mr. Taylor ----- 19
Cross-Examination by Mr. Davidson ---- 24
Page 2
PROCEEDINGS September 1, 1992 Lynchburg, VA
THE COURT: Good afternoon.
MR. TAYLOR: Good afternoon, Judge.
THE COURT: We have the case of
Creighton Wesley Sloan, Guardian of Helen Marjorie
Sloan, versus Helen Marjorie Sloan, Samuel H.
Sloan, and Creighton Wesley Sloan.
Mr. Taylor, are you ready to proceed?
MR. TAYLOR: Yes, sir.
THE COURT: All right. And I believe
Creighton Sloan is here; is that correct?
MR. TAYLOR: He's here.
THE COURT: And Samuel H. Sloan is not here; is that correct?
MR. TAYLOR: But he was notified by letter the date court set this day as the trial date.
THE COURT: And, Mr. Davidson,
you're the guardian ad litum for Helen Marjorie
Sloan; is that correct?
MR. DAVIDSON: Yes, sir.
THE COURT: Are you ready to proceed?
MR. DAVIDSON: Yes, sir.
THE COURT: All right. Who will be your witnesses, Mr. Taylor?
MR. TAYLOR: Mr. Creighton Sloan and Mr. John M. Payne.
THE COURT: All right. Please stand. Both of you please stand and raise your
right hands.
(Witnesses sworn by the Court.)
THE COURT: You may be seated. All
right. You can proceed, Mr. Taylor. I've read
the files.
MR. TAYLOR: If your Honor please,
I'm foregoing opening statement, just calling my
first witness, if I may.
THE COURT: That's fine.
MR. DAVIDSON: Mr. Sloan. Want him
to testify from here or up there?
THE COURT: Why don't we put him in
the witness stand. That will be best.
CREIGHTON WESLEY SLOAN, was called as a
witness, and after having been first duly sworn,
was examined and testified on his oath as follows:
DIRECT EXAMINATION
BY MR. TAYLOR:
Q For the record, would you please
state your name, address, and occupation.
A Creighton Wesley Sloan, 102 Indian
Creek Trail, Aiken, South Carolina, and I work for
Westinghouse at the Savannah River site near
Aiken.
Q What is the relationship between you
and Helen Marjorie Sloan?
A She is my mother, and I'm her guardian.
Q Mr. Sloan, I am handing you a
document that is marked Plaintiff's Exhibit A and
ask you to identify it.
A This is a certified copy of
documents by the Aiken County Probate Court making
me, at the time, guardian and -- and temporary
conservator until a permanent conservator was
named.
Q Of the estate of
A Of the estate of Helen Marjorie Sloan.
And this paper that I've marked
Plaintiff's Exhibit B, can you identify that?
A This is a durable power of attorney
filed in Mecklenburg County, North Carolina, where
I then lived, which my mother took out shortly
after she was diagnosed as having Alzheimer's
disease.
MR. TAYLOR: If your Honor please,
I'd like to introduce these into the
evidence.
THE COURT: All right. They'll be
admitted as Plaintiff's Exhibit A and B.
(Plaintiff's Exhibits A and B were
admitted in evidence.)
BY MR. TAYLOR: (Continuing)
Q Mr. Sloan, the bill alleges, the
bill that has been filed in this case, that your
mother, Helen Marjorie Sloan, owns a property in
Lynchburg locally designated 917 Old Trents Ferry
Road; is that correct?
A That's correct.
In addition to the real estate
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described in the Bill of Complaint, what other
estates does your mother have?
A She has a trust at Nation's Bank
worth approximately $160,000.
Q Where is your mother physically
living at this time?
A she is living at Mattie C. Hall
Nursing Home in Aiken, South Carolina.
Q And why is she in the nursing home?
Is she suffering from a particular
A She has Alzheimer's disease, and she
is incapable of caring for herself.
Q How long has she been diagnosed as
having Alzheimer's disease?
A She was first diagnosed in 1984 at
Duke University.
Q And how long has she been in the
nursing home?
A She's been in the nursing home just
over a year.
Q What is the prognosis that you have
received about your mother's condition from her
attending doctors?
A she -- her -- physically she's in
pretty good shape, but mentally her -- she is
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never going to have the mental capacities that she
had before, and it's going to gradually get worse.
Q Do they give you any prospect of her
recovering from Alzheimer's?
A There's no prospect of recovery.
Q Back to this real estate in
Lynchburg, the subject of this suit, who is
occupying that property now?
A At present no one is. However, up
until about six months ago my brother was
occupying it from time to time.
Q Is your brother the defendant?
A My brother, Samuel H. Sloan.
Q Was he paying any rent for the
property?
A No.
Q Who is paying the taxes and the
insurance and the maintenance costs of the
property?
A I'm paying for it with my mother's
money as guardian.
Based on what you've just testified
as to what the doctors say about her condition,
what is the possibility of her ever being able to start living in that house again?
A She's unable to live in that house,
and I it's very unlikely that she ever would.
Now, she's in the nursing home now.
What is the approximate cost per month to her?
A We pay approximately $2500.
And what is your mother's monthly
income?
A It's approximately $4,000.
Does she have any health insurance
or Medicare payments to help defray at all the
bill that she has to pay at home?
A She has Medicare, but that does not
cover the nursing home bill. The nursing home
bill has to come virtually entirely from her
income.
Q And she has Medicare to take care of
if she has to go to the hospital or something like
that?
A Right; right. When the -- when her
doctor comes to see her at the nursing home,
Medicare pays for a portion of that.
And how often does the doctor come
to see her?
A Once a month, a minimum of once a
month.
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Q Now, you have alleged in the Bill of
Complaint, which I drew, that for all of the
reasons that you have stated in answer to my
questions this afternoon, is it your opinion that
this property ought to be sold and the money that
is derived from the sale reinvested in productive
income for your mother?
A Right, because it's a drain on her.
income, and it doesn't provide her with any
income. And at some point she may need the money.
And do you believe it's to your
mother's best interest that this property be
sold --
A Yes.
and the proceeds reinvested?
A Yes.
Q Now, if your mother had died the
moment this suit was brought, who would have been
her sole heirs of law?
A Samuel Sloan and myself, Creighton
Sloan.
Q And how old is Samuel Sloan?
A Okay. He's
Q You alleged in the Bill that he was 47.
A 47, that's right.
And how old
A Well, his birthday is next week,
so
That's close enough. And how old
are you?
A I'm 46.
MR. TAYLOR: You want to ask him any
questions, Frank?
CROSS-EXAMINATION
BY MR. DAVIDSON:
Is the trust at Nation's Bank, is
that a trust set up by your mother?
A Yes.
Q So additional assets can be added to
that trust? You may not know that.
A Well, current -- that's a
that's -- we have a -- we are trying to get the
trust moved from Lynchburg to -- to South Carolina
at this time.
okay.
A But that's --
THE COURT: The question would be if
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the house
THE WITNESS: It's in Richard
Miller's court.
THE COURT: Well, I know. But if
the house was sold and converted into
money, could that money be put in the trust
as opposed to setting up a separate
guardian account?
BY MR. DAVIDSON: (Continuing)
What does the trust
A Okay. The we have a
conservator -- the con- my mother's permanent
conservator is -- is Nation's Bank in South
Carolina. So the income from this -- the sale of
the house would go to that conservator. And the
trust money, when it's released, would go to that
conservator. So it would all get consolidated into
one account, whether it be in South Carolina rather
than Virginia.
Q At your mother's death, do you know
where the proceeds of that trust go to?
A The proceeds of the trust are divided
into two equal halves, one for my brother and
one for my brother's benefit and one for my
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benefit.
Does your mother have a will?
A Yes, that's -- that's where I got
that information from.
Q Do you know what the will says?
A That's what the will says.
Now, I think you have testified that
Your mother could not go back and live in this
house?
A Right.
If you had nurses around the clock,
is there any reason why she couldn't live in this
house?
A If we had round-the-clock nurses she
could.
Q She could live there?
A She could live there.
Q Would that be, obviously, more
expensive than the nursing home?
A That would be much more expensive and
probably -- I would assume it would be more than
her current income.
Q And also you and your wife wouldn't
be available to --
A That's right?
MR. DAVIDSON: Okay. I'm leading him
a little bit. I'm just trying to get it
over with.
THE COURT: That's okay.
MR. TAYLOR: I'm not going to object.
MR. DAVIDSON: I know you're not. I
don't do much trial work.
BY MR. DAVIDSON: (Continuing)
Do you know where your brother is
now?
A I'm not sure. When last I heard he
was in San Francisco.
MR. DAVIDSON: Okay. No further questions.
THE COURT: Let me ask, is the house
deteriorating, I mean, just sitting there?
Is it going down, the structure?
THE WITNESS: Structurally it's hard
to say. I know there's -- there's a
ceiling, one of the ceilings has caved in.
And I'm -- I'm not sure whether that
whether that's an ongoing problem or -- or
if it's something that happened that's not
going to happen again.
There was a the house has 13-feet
glass windows, and one of them broke, it
cracked. So it's still there, but it's --
but as far as deteriorating, nobody's really
using it, so it's not being taken care of.
So it's deteriorating that way, but there's
no active deterioration, other than that
I could tell.
THE COURT: Have you looked into
renting the house?
THE WITNESS: Well, that's -- that's
where I first approached about renting the
house. And the -- it was -- the rental that
we thought we could get from the house would
be enough to cover the expenses, but there
didn't seem to be any real reason to do that
rather than sell it.
THE COURT: Well, do you think
THE WITNESS: Again, I would have to
be acting from, you know, several hundred
miles away as the --
THE COURT: Do you think you'd get as
much income if you just sold the house and
invested the money as you would in renting
the house
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THE WITNESS: Yeah.
THE COURT: after your expenses
and all that?
THE WITNESS: Right.
MR. TAYLOR: Judge, we're going to
have Mr. Payne testify.
THE COURT: I understand that. I'm
just trying to get his thought, whether he's.
investigated.
THE WITNESS: The first time we
talked to Mr. Payne is when I was trying to
rent it, and he was recommended to me as
somebody that --
THE COURT: Well, now, let's get back
to this trust instrument, or whatever it is
that your mother has. Eventually, if I
authorize the sale, we're going to have to
decide where the money goes.
THE WITNESS: Right.
THE COURT: Do you have a copy of
whatever instrument her money is invested
with in Nation's Bank? I mean, do you have
access to that?
THE WITNESS: I did not bring a copy
with me.
Page 16
THE COURT: Do you have access to it?
Could you get a copy eventually?
THE WITNESS: I can get a copy.
MR. DAVIDSON: I don't want to be
difficult, but I would really -- I mean, it
would be my position as guardian ad litum
that the funds of this sale should go to the
Nation's Bank, Lynchburg, and then if Judge
Miller
THE COURT: Well
MR. DAVIDSON: -- wants to decide
that it ought to go down there, that's fine.
But if that trust agreement will accept the
funds, I -- that's something that she said
might feel comfortable. And I'm not trying
to veto what Judge Miller may do, but I'd
rather see it stay in the state till another
judge says it goes out.
THE COURT: In fact, we can deal with
that down the road if in f act the property's
sold, once we get the money in hand and
decide where it goes. But I -- you know, it
seems like to me the most economical way to
deal with it is to put it in an existing
trust account.
Page 17
MR. TAYLOR: In the one here in
Lynchburg?
THE COURT: Yes, in Lynchburg.
MR. DAVIDSON: That would be my
request.
THE COURT: And then let this court
deal with where it's supposed to be.
MR. DAVIDSON: When it's supposed to
go somewhere, we can call the final
disposition of it and the final decree.
THE COURT: All right.
THE WITNESS: There is a
conservatorship set up at Nation's Bank in
South Carolina.
THE COURT: I understand that. But
there's some technical, legal problems with
that that might hold up getting the money.
THE WITNESS: okay.
THE COURT: Do you have any other
questions?
MR. TAYLOR: No, sir. Excuse me,
nothing more of this witness.
THE COURT: Mr. Davidson, do you have
any more questions?
MR. DAVIDSON: No, no further
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questions.
THE COURT: All tight. You may step
down, Mr. Sloan.
MR. TAYLOR: Call Mr. Payne. John M.
Payne, P-A-Y-N-E.
JOHN M. PAYNE, was called as a
witness, and after having been first duly sworn,
was examined and testified on his oath as follows:
DIRECT EXAMINATION
BY MR. TAYLOR:
For the record, Mr. Payne, will you
state your name and your occupation.
A John M. Payne, realtor, for 55 years.
Have you stated your occupation?
A I said realtor.
Formerly with the company of
Snead-Payne & McCausland in Lynchburg?
A That is correct.
Q How long have you been engaged in
the real estate business in Lynchburg?
A 55 years.
Are you familiar with the property
that's the subject of this suit
A Yes.
Q -- 911 Old Trents Ferry Road?
A I was requested by you two gentlemen
to go look at the property and to make some -- pass
judgment on what was needed to be done, so forth
and so on.
Actually you "- the property wa .s in.
dilapidated shape outside, and we put new gutters
and down spouts and repaired some locks, the locks
had been broken, new locks were put on the doors.
Q Painted the outside trim?
A The outside trim and gutters, and
everything's in good shape outside.
Inside is a matter of -- another
matter. I went out to look at it. I have my own
opinion as to its value, and I'm going to state it,
but I do not want it to be the final say. The
house is so cluttered with so many things, there
are rooms with clothes stacked at least a yard deep
on the floors of all the bedrooms.
The refuse from meals eaten in there
six or seven months ago in the house, and no one
has felt that they should go in the house until
they had some action to determine the rights on
what to do with the property. Since a gentleman
had been living in the house, apparently, for some
time, as someone has said, on and off, don't know
when he comes and when he goes, but he has been
there.
Now, the inside, as I say, we have
repaired the furnace so it would keep it from
freezing last winter and the latter part of the
winter. But we have not done anything else to the
inside of the house or touched any personal
property, even on the outside of the house.
And did I understand you correctly to
say that you think that personal property ought to
be moved out of there
A Absolutely.
Q -- before the property --
A oh, yes.
Q -- before you can even determine
A There's no value, it's just junk.
Q -- before you can really put a
precise appraisal on the property?
A That is correct.
Based on what you have testified
about, realizing that you have not had a good look
at the inside, as far as seeing it's true
conditions, would you hazard a ballpark estimation
of what you think the property might bring on the
market?
A My opinion is that the property in
that area has been appraised pretty closely in
recent times to its market value on an average.
You mean assessed?
A Assessed, I mean Assessed.
Therefore, the only safe thing that I would say
right now is that the property should be worth what
it's assessed for, in my judgment, as a
conservative appraisal.
Hopefully two things could. happen.
one is when it's cleaned up it looks better than it
does. Secondly, it may be that some few things
could be economically done to the place for a few
dollars that might add another good amount to its
value. If it's so decided to do that, that would
be the two possibilities of getting more money
doing that. And right now I couldn't say what
would be recommended.
Q What is the property assessed at for
tax purposes?
A $83,250. Broken down, I believe --
let me see -- 13,000 on the land and 70,000 -- no,
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70,250. $83,250 is the assessed value.
Q The total is $83,250?
A That's correct.
Q Now, Mr. Payne, Judge Gamble asked
Mr. Sloan a moment ago the question about the
possibility of renting the property and the income
that would bring in that way, if I'm correct in
my -- correctly stating what the judge asked, the
comparison between the rental income if it were
rented and what the money that would be yielded if
you sold the property and reinvested the proceeds?
A My opinion is that in order to get
its maximum rental value, which would be something
akin to no house that I know of with just three
bedrooms and no dining room -- the house is a
contemporary architecture which was a fad in the
'50s, which is when the house was built, around '55
or '-4, '55 to '57 -- and it is -- about $700 would
be the maximum you could get for it. And I believe
the money can be invested, even with interest as it
is today, fairly conservative and not have a
problem of vacancies, insurance taxes, and
maintenance that could be rather expensive on a
house that age.
Q Based on what you've heard in this
courtroom today and your inspection of the
property, do you think it is to the best interest
of Mrs. Helen Marjorie Sloan that this property be
sold, and that proceeds reinvested?
A No one can guarantee until the sale
is made. So assuming that the property would bring
in the range of a price close to what we've
discussed, I would think it would be very much ail
advantage to sell rather than rent.
MR. TAYLOR: Witness with you, Mr.
Davidson.
CROSS-EXAMINATION
BY MR. DAVIDSON:
Mr. Payne, I think you've stated that
certain cosmetic, or more than cosmetic
improvements have been made to the exterior, and
that same needs to be done interiorly. Is that a
result, in your opinion, of the failure of people
who've lived there and maybe even further to also
reflect that when someone has lived there that they
haven't maintained it?
A It all has to do with what appears
to be -- I don't -- I don't -- I've never been in a
house quite as bad inside as far as housekeeping.
It's purely housekeeping. You take off a shirt,
and you got dozens of shirts, so you just throw it
down in one of the bedrooms. And they pile up.
And nobody ever does anything to stop this --
sheets, pillow cases, every imaginable thing you
can imagine. So it just -- it's just awful.
And
So it's not like a door doesn't shut
or structurally
A It's not -- I don't know that anyone
with any judgment has been there since Mrs. Sloan
lived there. I assume that's when it was there
for -- and was kept up in those days very well.
But my question is not to what is on
the floor and what's been thrown around in there.
My question is, has the property been maintained
over --
A Outside has been maintained
beautifully.
Q It has been?
A By this gentleman right here.
Q Okay. But has it been --
A But in recent times, just in recent
times.
Before that was it being maintained?
Ms. Sloan has not been there for four or five
years, I would say. How long has it been since Ms.
Sloan was there?
MR. SLOAN: 1985.
BY MR. DAVIDSON: (Continuing)
Q So she hasn't been there for
A I don't know.
six or seven years?
A I would say it was more recent than
that. The -- the time it would look like the
property had been painted, must have been in good
shape in '85 or '86, whenever she was there.
Because the work that we did was -- would seem to
have happened just in recent four or five years.
Q Okay. So most of the things that
you've seen are things that have happened to the
building over the last four or five years?
A Yes, I would say so.
Q The deterioration --
A That's right.
Q that is there?
A Frozen down spouts, broken down from
ice and snow and worn out.
With your experience of 55 years,
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would you say that generally vacant properties
deteriorate quicker than inhabited properties?
A Yes.
Q And would it be also your experience,
generally, that rented properties deteriorate
quicker than properties that are lived in by
homeowners?
A Well, it's more than that.. Let's put
it this way. It's one of the choice locations to
live in Lynchburg, that area, general area. But in
no time in my 55 years have you ever been able to
rent a house in that area for enough money to make
a rental investment.
THE COURT: Make what?
THE WITNESS: To make a rental
investment in that type house. Single
family houses have to be in a very -- an
area that -- in a price range of much lower
than is customary for that type property.
BY MR. DAVIDSON: (Continuing)
Q And I think what you've also said to
us is that once certain improvements have been made
to the interior, that you think that we should at
that time get some kind of an appraisal before we
list it or decide the price at which we're going to
ask for it; is that correct?
A I would -- would -- would join in and
share in having an expert appraisal not accustomed
to -- I mean, is not the selling agent.
Q Right.
A Un- -- unbiased appraisal for the
fair market value be put on it. Due to the
circumstances of this case, I would certainly
recommend it.
MR. DAVIDSON: okay. No further
questions.
MR. TAYLOR: I have no further
questions. No further evidence.
THE COURT: Thank you. You may step
down.
MR. PAYNE: Thank you.
THE COURT: Have any further evidence,
you wish to present?
MR. TAYLOR: No further evidence.
MR. DAVIDSON: I would like to, just
for the record, state that I spoke with -- I
reviewed Ms. Sloan's medical records for a period
of about six months to a year ending in February of
1991 in which several doctors in South Carolina had
reviewed her situation and stated that she had
dementia with Alzheimer's, that her physical
condition appears to be excellent.
I also spoke to her doctor that sees
her once a month in South Carolina yesterday, and
he indicated that her physical condition was the
same, that it was relatively good, that she still
had Alzheimer's, that she could live at home wit-h,@
nurses 24 hours a day, but it was likely that she
was best served being in the nursing home, that she
seemed to be comfortable where she was, although
she probably didn't know where she was. And his
recommendation generally would be, subject to the
family's preferences,- that this was where she
should be. And he asked me not to give his name,
so I'll withhold it.
THE COURT: Was it your understanding
that her Alzheimer's condition is a permanent
mental disability? Is that your understanding?
MR. DAVIDSON: He seemed to feel
that, yeah, that there was no possibility of
improvement, not necessarily that it would get
drastically worse, that her status was pretty much
what it was a year ago, that she was pretty much in
a status quo situation.
Page 2 9
THE COURT: How old is she now?
MR. SLOAN: 82.
THE COURT: 82. Well, I don't think
that was testified to, but -- all right. Mr.
Taylor, you have anything you'd like to say in
summary? Why don't you go over the relief you're
asking for.
MR. TAYLOR: What?
THE COURT: Why don't you state for
the record the relief you're asking for, if you
would, please.
MR. TAYLOR: Well, we're asking for
the Court to enter an order directing the property
to be sold by a special commissioner, subject to
the approval of the Court, either privately or
publicly.
THE COURT: Is most of the property,
this mess that's been described by Mr. Payne in the
house, is that the property of Samuel Sloan? Is
that correct? Is that right?
MR. SLOAN: There's nothing in the
house that when my mother moved in with us we
brought everything down to South Carolina that she
wanted, and I took everything that -- that I would
want.
THE COURT: Well, outside of
furniture, is all this clothing the clothing of
Samuel Sloan in the house?
MR. SLOAN: Or his -- or the other
people that were living with him, yes.
THE COURT: All right. Now, is there
any equipment in the house, like computers and that
sort?
MR. SLOAN: There are several
computers.
MR. TAYLOR: That belong to the other
brother.
THE COURT: That belong to Samuel
Sloan?
MR. SLOAN: Yes.
MR. TAYLOR: If your Honor please,
there's a sketch of the order that I proposed to
draw and bring to the court. I'd like you to give
me authority as special commissioner to remove that
personal property from the premises and put it in
storage, giving notice to Sam Sloan who owns, or
some of his friends own this all. Because Mr.
Sloan has said he's been through it all, he's
identified what belongs to his mother and it has
been taken out. So I put that in the sketch that I
submit.
THE COURT: All right. This is what
I'll do. You might want to take this down, Mr.
Taylor. You might want to write this down. Put in
the order that I find that Helen Marjorie Sloan is
a person suffering under a mental disability as
defined by Section 8.01-2 of the Code of Virginia,
and the Court finds that that condition is a
permanent condition.
Put in there the Court finds that it
is in her best interest to sell the Trents Ferry
Road real estate, the real estate that is the
subject to this suit.
And that the Court appoints you, Mr.
Taylor, as special commissioner to sell this
property by either public or private sale, but that
you prior to entering into a contract to sell the
property as special commissioner seek the approval
of the Court of the sale price and terms.
And put in the order that you're
directed before acting under this decree to post a
bond with good corporate surety in the amount of
$85,000. And if the property is appraised
subsequently to have a higher value,.you'll bring
it to the attention of the Court so to bind to me
adjusted.
MR. TAYLOR: And authority to clean
out the house of the personal --
THE COURT: That's right. And put in
there that the bond will be approved by either the
clerk or the court, so either one can approve it.
Let's see here.
MR. TAYLOR: Authority to clean-the
personal property.
THE COURT: Right, yes. You have
authority to clean it out. And let's do this. I'm
going to direct you to put in the order that Samuel
Sloan is given notice that he may remove the
personal property of his out of the house on or
before -- what date do you suggest?
MR. TAYLOR: Well, I already, if your
Honor please, we gave him that notice about three
months ago.
THE COURT: Well, let's give him
another notice in the Court order.
MR. TAYLOR: I think that 30 days
will be enough.
THE COURT: Let's put on or before
September 30th, 1992. And, Mr. Taylor, you're
directed to send a copy of the order with that in
there to Mr. Sloan at the two addresses we have
here in the court file as soon as the Court signs
the order.
MR. TAYLOR: All right.
THE COURT: And we need to -- put in
the order that Creighton Wesley Sloan is directed
to furnish you with information, you and Mr.
Davidson on information with respect to. the type of
trust and the status of the trust that's being held
for Mrs. Sloan in Nation's Bank here in Lynchburg
so we can
MR. TAYLOR: in Lynchburg?
THE COURT: Yes so we can decide
on what has to be done with the proceeds --
MR. TAYLOR: All right.
THE COURT: -- after the sale is
consummated.
And, Mr. Davidson, do you want me to
go ahead and set an award, a guardian ad litum fee
now, or do you want to wait until we finish this
process?
MR. DAVIDSON: Whatever suits.
THE COURT: Why don't we wait until
the order of distribution is entered, if that's all
right with you.
MR. DAVIDSON: That's fine, that's
fine.
THE COURT: And you just keep track
of the time.
MR. DAVIDSON: I guess I would
request that he get a separate appraisal before you
sell it, whichever way you sell it.
MR. TAYLOR: I plan to get it.
MR. DAVIDSON: And then, as I say
THE COURT: After the house is
cleaned up.
MR. DAVIDSOK: Yeah. And I would
also like there to be authority for them to spend
monies. I mean, I don't -- from the account to
make the necessary improvements to make the house
salable.
MR. TAYLOR: Can't we spend money
from that account, because it's under Miller's
court order?
MR. DAVIDSON: I mean, it's up to the
other conservator whether they're willing to do it.
But if he says it's acceptable to do it, if they're
willing to do it, he can't order them to do it, but
he can say that the improvements can be made, can't
you, or
Page 35
THE COURT: Well, I can put in
there that this Court has no opposition to the
utilization of a reasonable sum of money to clean
up and improve the house to make it ready for sale,
but the Court leaves that decision to the
appropriate Court or conservators to make that
decision. I mean, I can't order them to do that.
MR. TAYLOR: When you say
conservator, you're talking about Nation's Bank
down in South Carolina, or the one in Lynchburg?
MR. DAVIDSON: Either one of them, I
don't care.
MR. TAYLOR: What I planned to do was
to reimburse -- we've been doing a whole lot of
outside stuff already contemplating the sale of the
property. And that money has been withdrawn by Mr.
Creighton Sloan from his mother's trust down in
South Carolina; is that correct?
MR. SLOAN: From South Carolina, yes.
MR. TAYLOR: And he's been sending it
up here to me, and I've been paying the bills with
it. And it seems to me it would be proper to
reimburse that sort out of the sale of the
proceeds.
THE COURT: Well, we can take that up
at the time of distribution. We've got to satisfy
Mr. Davidson on that issue.
One other thing I want to say about
the sale of this real estate, I cannot approve both
a real estate commission and a special
commissioner's fee on the sale. Now, if you sell
it as special commissioner at auction or with a
private listing by you, I mean, you're entitled to
your reasonable expenses, auctioneer, advertising/
all that sort of thing. If in fact you place it
with a real estate agent, then what I want You to
do is to submit the listing contract to the Court
for approval before the listing contract's entered
into it.
And if it's sold, so the Court could
approve commissioner and all that, if it's sold
pursuant to a real estate listing contract, then
what I would do is award you a reasonable
attorney's fee based on your time and so forth
involved in it, as opposed to a special
commissioner's fee. I don't think both should be
awarded. okay?
All right. Anything else we need to
take up?
MR. TAYLOR: Everything I can think
of .
Page 37
THE COURT: Okay. Thank you.
-------------------- --------
(The foregoing proceeding concluded at 3:45 p.m.)
COMMONWEALTH OF VIRGINIA
I, Wendy J. Portanova, do certify that the
foregoing proceeding was taken by me and that the
foregoing pages represent an accurate transcript of
said proceedings to the best of my ability.
Given under my hand this 5th day of
September, 1992.
Wendy J. Portanova
RPR - Notary Public
(Commissioned as Wendy S. Jones.)
My Commission Expires:
June 30, 1995
