on September 1 2013 after the will was approved for probate by the New York

On september 1 2013 after the will was approved for

This preview shows page 107 - 109 out of 148 pages.

on September 1, 2013, after the will was approved for probate by the New York County Surrogate. The remaining funds would be deposited into an approved bank and would be paid to Casey (or Casey’s distributees) based upon a schedule set forth in the will. The next payment is scheduled to be made on September 1, 2015. Therefore, to date, only $20,000 has been distributed to Casey from Mabel’s estate. Mabel also included in her will, a provision that if the will is challenged, then the person making that challenge loses any of the funds bequeathed under the will. As Mabel’s executor, I am responsible for the distribution of the estate’s assets. I can state that there have been no other payments to Casey from the estate. 12. I understand that Casey has been sued for conversion. I have been advised by the attorneys for Mabel’s estate that conversion requires proof that a person intentionally exercised control over the property of another. I further understand that plaintiffs allege that Casey stole the Fun Fair proceeds to support her/his gambling habit and to fund expensive purchases. My work as an Industrial Psychologist has included examining addiction and its effect on workplace productivity. Casey Cheatham’s actions are consistent with an individual who has a serious gambling addiction. The temptation provided by the cash generated by the games of chance may have proven too much for Casey to resist. S/he rapidly spiraled downward, making luxury purchases and gambling. When Casey took these actions, s/he was only concerned with satisfying her/his urge to gamble. Nothing else mattered. This is typical of the addiction.
Image of page 107
102 11/19/14 13. I have read the affidavit of Dr. Jesse James, submitted on behalf of the plaintiff. I agree with Dr. James’ finding that Casey suffers from a gambling addiction. My understanding of Casey’s condition is based upon my many communications with Mabel Cheatham. While Casey’s transgressions were not the only topic we discussed, I can state that Mabel was greatly concerned about Casey and the choices s/he was making. Mabel told me that gambling was a problem with Casey’s father, grandfather and uncle. All had gambled excessively and indeed, Casey’s father was forced to file for bankruptcy due to his debts arising from gambling. Mabel loved Casey but she was concerned that s/he would end up just like her/his father. When Mabel confronted Casey about her/his gambling, Casey would tell Mabel not to worry and that s/he could stop at any time. Mabel did not believe Casey. 14. Dr. James and I disagree on whether Casey is responsible for her/his behavior. My study of addiction, particularly in a workplace setting, leads me to conclude that Casey could not control her/his impulses to gamble. The examples provided by Mabel indicate to me that Casey’s compulsion was becoming stronger and that s/he could not control her/his actions.
Image of page 108
Image of page 109

You've reached the end of your free preview.

Want to read all 148 pages?

  • Spring '17
  • mrs callman
  • attorney, new york state

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors