Philip Shalloway out
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1985.01.03 (Philip Shalloway writes the will of Jean OConnel. The co-executors are Anthony OConnell and Philip Shalloway.)
1985.01.03 (Philip Shalloway to Jean O’Connell)
"Review of file, Meeting with Commissioner of Accounts, Review of Fiduciary File, Checking of land records to ascertain title, Telephone calls to accountant, and Conference
6.0 hrs. $600.00
Preparation of Last Will and Testament 150.00
Balance due on account $750.00”
1985.01.16 (Philip Shalloway to Jean O’Connell)
"Upon reviewing my files I cannot find where you have paid for your Last Will and Testament. You stated that you had a cancelled check. Please forward to me a copy of that check so I can determine where that payment was credited. Usually on fee checks, we like to pencil in our file number somewhere on the face of the check and that reference would be most helpful to me in determining where your check was credited.
I discussed your objections concerning our fees with Mr. Wall who was quite surprised at your position. Since you feel so strongly that the work we did at your request did not justify the $600.00 charged, Mr. Wall authorized me to deduct $100.00 from the bill for the time he expended. You must remember the work we did for you was done without consultation since you delivered a file to us and was unavailable for discussion about it since you went out of town immediately after delivery. The file was reviewed carefully. Mr. Wall did contact and meet with the Commissioner of Accounts and reviewed your probate file at the clerk's office. We also made various telephone calls to your past accountants and checked the land records to make sure that title was correct. All of these things involve time which the Client does not see but the time, in fact, was expended.
In reference to outlining your fee to eliminate the Trust set up in your husband's Last Will and Testament, I feel that since you have disputed our time and fees previously charged to you, it would be better for you to obtain another attorney to provide that service for you. If you will recall, your husband's Will was quite long and complicated and removal of the Trust could be quite complex and time consuming, and it would be unfair for me to estimate a fee to provide that service at this time.
Remember your deadline to file your accounting is the 31st day of this month, and I wish you the best of luck in accomplishing this accounting and finding another attorney to provide the services outlined herein.
Very truly yours,
Philip D. Shalloway”
1985.01.23 (Jean OConnell's memo on letter size paper)
"Jan 23, 1985
Copy of check made and sent. Note added:
"As you suggested, the day I was in your office I went immediately to the Commissioner of Accounts Office. The estate filing for Dec. 31, 1980 with the fee paid was in my file there. I do not understand how it could be reported missing by your office."
1985.02.03 (Jean OConnell's transcription of her 1985.02.03 letter to Philip Shalloway)
"This copy for my file.
Copy of note sent to Mr. Shalloway 2/3/85
February 3, 1985
To: Mr. Philip Shalloway
7620 Little River Turnpike
Annandale, Va. 22150
From:
Jean OConnell
6541 Franconia Road
Springfield, Va. 22150
I would appreciate it if you would send me the remaining papers you have of mine including the IRS notice of estate tax acceptance and the notice from the Fx. Sheriff's office delivered to me Dec. 15, 1984.
Thank you Jean OConnell"
1985.02.08 (Philip Shalloway to Jean O’Connell)
"I am in receipt of your letter of February 3, 1985, and even though I did not remember keeping any of your papers I completely reviewed my file, contacted Mr. Clement J. Wall who also reviewed his file, and it is both of our recollection that all the papers, including the items you requested in your correspondence, were returned to you a t our last meeting on January 3, 1985.
The two items you refer to had to be given to you because, without them, your accountant could not have prepared the final accounting that was due January 31, 1985. Perhaps you should contact your accountant to see if you gave than to her.
I hope you find your papers soon.
Very truly yours,
Philip D. Shalloway”
1985.02.14 (Philip Shalloway to Jean O’Connell)
Review of file, Meeting with Commissioner of Accounts, Review of Fiduciary File, Checking of land records to ascertain title, Telephone calls to accountant, and Conference
6.0 hrs. $600.00
Preparation of Last Will and Testament 150.00
Balance due on account $750.00
Credit from Clement J. Wall 100.00
Credit on previous payment (*) 110.00
Balance due on account $540.00
(*) I believe this $110.00 was paid for a conference and not for your Will since it was not executed until sometime later. However, to prevent any further confusion I am giving you full credit for this payment.
1985.02.25 (Jean OConnell to Philip Shalloway)
"February 25, 1985
Dear Mr. Shalloway,
I admired the way you critiqued the contract of a friend of mine and how well you handled the problem of another friend I had recommended go to you.
In fact there was no doubt in my mind that I could trust you implicitly to help me file an estate accounting.
I am sorry that the issue has become so confused. The enclosed check -$80- I feel more than covers the time spent on what actually was useful to my estate accountin-ting. That is calling the Com. Of Accounts office for a time ex-tension - 30 days- the same time the Sheriff's office was late in delivering the notice to me. Jean OConnell"
1985.03.01 (Philip Shalloway to Jean O’Connell)
Enclosed is your check in the amount of $80.00 which is completely unacceptable.
As I explained in my previous letter, the time was spent on your case and you have also received a credit of $210.00 towards the amount billed and no other credits will be given. The total sum of $540.00 is still due and owing.
Very truly yours,
Philip D. Shalloway”
1985.03.31 (Philip Shalloway to Jean O’Connell)
Balance due on previous billing $540.00
1985.04.30 (Philip Shalloway to Jean O’Connell
Balance due on previous billing $540.00
1985.05.30 (Check register shows check for $50 to Edward White for writing a new will)
1985.06.30 (Philip Shalloway to Jean O’Connell
Balance due on previous billing $540.00
1985.07.31 (Philip Shalloway to Jean O’Connell
Balance due on previous billing $540.00
1985.08.31 (Philip Shalloway to Jean O’Connell
Balance due on previous billing $540.00
1985.09.30 (Philip Shalloway to Jean O’Connell
Balance due on previous billing $540.00
1985.10.31 (Philip Shalloway to Jean O’Connell
Balance due on previous billing $540.00
1988.09.06 (Jean OConnell to Anthony OConnell)
"Dear Tony Sept. 6 1988
It was a treat to have your letter and especially nice typed. I never know for sure if I have read your writing correctly.
Thanks for the copy of the Accotink tax bill. I had called them (the assessment office) to find out why I haven't received it. They told me the name had been changed to Anthony M. OConnell" but did not explain or say if you had paid it. I am relieved to know you did pay it. Do I understand correctly that you will be paying the other half in Dec? Anyway will you let me know when you pay it in the future as I do like to be sure its paid. The rate sure has gone up!
I am sure there will be an accounting of what the trusts owes as you suggested. Before tax time I have to have much information about what money has been put in the house since we bought it in 1937. I did the same when the county took land for the school.
We do seem to have a lot of misunderstandings.
When I said I did not want to see the place again I was not referring to how you had landscaped it because I haven't seen what you have done. I would like to have seen that but couldn't get there and that you had asked me not to trespass. It was the drought damage I was referring to - the dead umbrella pine (value 1,000+-) the magnolia trees damage. I do hope you can get there in time to water the boxwood and that you will sell it or use it something as it is quite a lot. You could check a good nursery like Hills just off Glebe Rd. to get an idea of the price and then advertise it for sale in papers - Journal or Post etc.
The "No trespassing" sign has been torn off your barricade. There are 2 tiny wisps of cloth left. I could not see from the road whether the place had been vandalized or not.
If you want some one to check it, fix sign, water boxwood etc. you could call Warren Hosaflock 971-2529 - near where Dodson's live. He can also mow with the Snapper. Did it once for me. He is a retired postman. He may have sold and moved by now.
J.M. Sheila and Andy were here the weekend before Labor Day. We ate lobster and crab cakes and shopped and shopped and traded clothes. It was a wonderful time.
I guess you must be having a difficult time selling your house and hope you have good luck soon. It must be very frustrating being all packed up and waiting. Have any nibbles.
I am enjoying myself more all the time. In fact have been so busy have missed many meals! It is a delightful way to live. Have signed up for a trip to Richmond Art Museum and a trip to Ken Center for "Tosca". Shopping with the girls finally bough a desk. Wish I had one years ago. It is a delight to have places to put things.
Received the rug. Thanks so much for sending it. Didn't expect it until you came.
Sorry you thot I resented your coming here. Quite the contrary. I think you should be here to take advantage of the prosperity and to enjoy your old friends and all the things there are that you are interested in.
You said you would like to air our misunderstandings which I think is a wonderful idea. I think it all stems from lack of information mostly. I would feel so much better if you could keep me advised of what you are doing with the trust and some of your personal plans - such as what you will be doing when you begin living here. Real estate- conservatorships or browsing for a different career. It would be so much easier if I knew what you were currently interested in. I try to keep everyone up on my main interests but think sometimes it is a waste of energy.
I also would like you to be at least courteous to my friends. They know you do not want them around so you may not see much of them. They are people who helped me when I was desperately in need of help and had no place to turn. Joanne especially was helpful. When Ed Prichard was going to charge me ¼ of your Dad's estate for his fee and Shalloway had a mental break down when he was going to work on the estate it was Joanne who helped me by explaining what I had to do. She did not want to be a co-trustee but I begged her and she agreed reluctantly tho she had never done it for anyone else. I still think you owe her an apology and a box of candy or bouquet of flowers.
Better late than never. And I would feel ever so much better. Please. Just treat my friends like you want me to treat yours.
Maybe that is enough for now and you can have time to let me know how you feel.
I do love you - you know
M"
Summary
Ediror's note: A sure way to end any businees relationship is to refuse to pay for the services provided. Please remember that Jean O'Connell is being instructed by the accountants.
False lost account
Jesse Wilson sends Jean O'Connell a Sheriff's summons for a deliquent court account for the estate of H. A. O'Connell on November 15, 1984. An unidentified person instructs Jean O'Connell to sign and date a second court account with the date "1/3/85". But this is the same second court account that the accountants had Jean O'Connell sign and date on "April 10, 1981" and is recorded in the court records at Book298page134-136. This suggests that this repeat of the second court account that Jean O'Connell signs and dates "Jan. 3, 1985" was never intended to be recorded in the Court records.
The repeat of the second court account dated "Jan. 3, 1985" is lost, misplaced or not recognized, and Jean O'Connell is led to believe that it is Philip Shalloway's fault. Perhaps the date of "1/3/85" is an attempt to link Philip Shalloway with the lost or misplaced second court account. January 3, 1985, is the date that Jean O'Connell meet with Philip Shalloway and the date of the Will he drafted for her that nominated Philip Shalloway and Anthony O'Connell as co-executors. Perhaps, when Clement Wall, who works for Philip Shalloway, was shown the estate file in the Commisioner's office, neither version of the second account was in the file, but at least one version was in the estate file when it was shown to Jean O'Connell. The relationship between Jean O'Connell and Philip Shalloway is destroyed and Edward White drafts a new will for Jean O'Connell and the nominated co-trustees are changed from Philip Shalloway and Anthony O'Connell to Joanne Barnes and Anthony O'Connell.
Edward White's later letter of May 27, 1986, to Robert McCandlish, with a copy to Jean O'Connell, says "This accounting will be a second and final accounting". But this doesn't fit with the accountant's third account filed on 1/23/85 and recorded at Bk380page1452 (See False final account).