"Lawyer fix" and "come in" instructions
Whatever the Attorney Edward White had our Mother do in 1985-1986 remains a secret. My best guess is that the accountants instructed our Mother to come in to the Court and sign something under the guise that it was a customary and usual document concerning non-resident fiduciaries; but that it actually obstructs Anthony O'Connell, who happens to be a non-resident named fiduciary, from qualifying as trustee.
I am guessing that it could be the surprise that (1) stopped me from qualify as trustee on May 1, 1986, and (2) could be used to justify the surprise clause in the deed of April 21, 1988, that says I could not qualify as trustee.
Jean O'Connell's memos of the accountant's covert instructions
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”
(Comment: Why would Mr. Mackall have me come from Saint Louis, Missouri, to Fairfax, Virginia, to qualify in Court, and after my telling him that the named non-resident trustee H. A. Higham and I have known each other since high school, ask us to wait outside the Court while he went in by himself? What is the bond problem document Mr. Mackall ran into?)
1986.06.20 (certificate of qualification as trustees)
COMMONWEALTH OF VIRGINIA
Circuit Court of Fairfax County
CERTIFICATE OF QUALIFICATION
State of Virginia
County of Fairfax, to-wit: Fiduciary No. 21840
I, WARREN E . BARRY, Clerk of the Circuit Court of the County of Fairfax, Virginia, the same being a Court of Probate and of Record and having a seal, do hereby certify that it appears of record in my office pursuant to law that ANTHONY M. O'CONNELL & HERBERT ANDERSON HIGHAM have been duly appointed TRUSTEES under the Last Will and Testament of : HAROLD A. O'CONNELL and that they have qualified as such by taking the oath presctibed by law and by entering into and acknowledging a bond in the penalty of EIGHT HUNDRED FORTY TWO. THOUSAND
Dollars, wlthout surety.
I further certify that the said appointment and qualification is still in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF I have hereunto
set my hand, and affixed the seal of said Court
hereto, at Fairfax, Virginia this 20th day of June, 1986
WARREN E. BARRY., CLERK
By Patricia L(?) Moat
1988.04.21 (Deed written by Edward White but apparently not recognized that it is written by Edward White, in part)
"Whereas by Deed of Partition recorded in Deed Book 4026 at Page 454, the property was reconveyed to Harold A. O'Connell as to an undivided one-half interest and to Jean M. O'Connell, as to an undivided one-half interest, whereas, Harold A. O'Connell died testate May 26, 1975, and by his Last Will and Testament recorded in Will Book 201 at Page 96, devised his interest to his executor Anthony M. O'Connell, Trustee; whereas Anthony M. O'Connell, Trustee, could not qualify and Herbert A. Higham, Trustee, was appointed to act in his place and stead.
History suggest that the clause "ANTHONY MINER O’CONNELL, Trustee Under the Last Will and Testament of Harold A. O’Connell" in the 1992 deed for Accotink will not be recognized in the settlement of a sale of Accotink and what ever might be used to justify it not being recognized will remain unknown:
THIS DEED IN TRUST UNDER LAND TRUST AGREEMENT, made this 16th day of October, 1992 by and between JEAN MARY O’CONNELL NADER and HOWARD NADER, husband and wife, SHEILA ANN O' CONNELL and PIERRE SHEVENELL, husband and wife, ANTHONY MINER O’CONNELL, divorced and not remarried, and ANTHONY MINER O’CONNELL, Trustee Under the Last Will and Testament of Harold A. O’Connell (collectively, “Grantors"); and ANTHONY MINER O’CONNELL, Trustee, of Fairfax County, Virginia (hereinafter sometimes collectively referred to as "Trustees" or "Grantees"):
(From the 1992 deed for Accotink)
This pattern of unknowns is one reason why the sale of Accotink has had to be on hold. Can we find out what the lawyer fixed? Can we get the accountants to take a position on whether Anthony O'Connell did, or did not, qualify as co-trustee u/w of H. A. O'Connell on June 20, 1986, and that he was still qualified as co-trustee u/w of H. A. O'Connell on October 16, 1992, when he signed the 1992 for Accotink as one of the Grantors, so that all concerned can rely upon it? It's been twenty-seven years now.