Detailed settlement agreement not specific enough for son to claim funds

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Although a settlement agreement worked out between siblings included details about who would receive the comic books, the Indiana Court of Appeals ruled because the document did not specifically address the accounts receivable, one of the surviving sons would not be entitled to the money.

After George W. King Sr. died in 2001, his three children began fighting over the ownership of his many businesses. His daughter, Kay King, and her son, Christopher King, filed a complaint against her brothers, George King and Bob King, and against five of her father’s corporations and three partnerships.

In June 2003, the trial court appointed a receiver. About a year later, the receiver paid more than $2 million for the estate’s outstanding tax liabilities. He drew the bulk of the funds from one particular company, Crown Associates Inc. because that entity had more liquid assets available than the other businesses. The receiver credited Crown by creating an account receivable which in 2007 was valued at $687,278.

On Feb. 22, 2005, the siblings entered into a Term Sheet for Settlement of Litigation which represented their partial agreement on the broad outlines of asset distribution. As a part of that document, the assets and/or equity interest of Crown was conveyed to the son, George Dean King.  

Concluding the accounts receivable were not part of the assets, the trial court ruled the receiver should eliminate all inter-company accounts prior to transferring Crown to George King.

On appeal, George King argued the court abused its discretion when it approved the elimination of certain Crown accounts receivable prior to conveyance. He asserted the accounts receivable were still on the books when the Term Sheet was executed in February 2005.
The COA disagreed in George Dean King v. Kay S. King, et al., 49A02-1202-MF-73. It noted the receiver initially proposed that all receivership entities be liquidated with the proceeds being divided equally between the siblings. However, that goal was altered after the siblings executed the Term Sheet which made the assets included in each receivership entity important.  

While the Term Sheet divided a multitude of assets ranging from real estate to safety deposit boxes and even comic books, it did not address Crown’s accounts receivable.

“Given the level of detail embodied in the Term Sheet,” Judge Patricia Riley wrote, “the absence of a clear expression by the parties to repay the accounts receivable which had been expressly created by the Receiver during the Receivership and which existed during the execution of the Term Sheet, is evidence of intent that no such offset was bargained for.”



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.