NYDEO: Testimony on the Alvarez Estates in Fulton County Probate Court 07/20/17 and 07/24/17

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Nydia Tisdale
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NYDEO: Testimony on the Alvarez Estates in Fulton County Probate Court 07/20/17 and 07/24/17

Post by Nydia Tisdale » August 3rd, 2017, 9:00 pm

In the matters of FEDERICO PATRICIO ALVAREZ, deceased, and GRACIELA ALVAREZ, deceased, Estate No. 223354 and 223254.

RE: PETITION FOR FINAL SETTLEMENT OF ACCOUNTS AND RESPONSE; PETITION FOR EXTRA ORDINARY COMPENSATION AND RESPONSE; PETITION THAT ADMINISTRATOR NOT BE DISCHARGED AND RESPONSE; REQUEST THAT PETITION TO RESIGN BE GRANTED; OBJECTION TO VOLUNTARY DISMISSAL OF PETITION FOR RESIGNATION AND RESPONSE; ANY OTHER PENDING MATTERS

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PINKIE T. TOOMER, Judge, Fulton County Probate Court
Julie H. Caplan, Staff Attorney
Patrick Miller, Court Reporter
Justice Center Tower, Courtroom 2-B, 185 Central Avenue, Atlanta, Georgia 30303

PARTIES:
• Maria I. Kingery, 50% heir, Marietta, GA
• John C. Barrett, Esq., counsel to Mrs. Kingery, Barrett Legal LLC, Kennesaw, GA
• Fredy M. Alvarez, Esq. 50% heir (pro se), Law Office of Fredy M. Alvarez, Atlanta, GA
• Walter Hamberg, III, Esq., administrator of both estates, The Hamberg Law Firm LLC, Atlanta, GA
• John W. Spears, Jr., Esq., counsel to Mr. Hamberg, Spears & Spears, P.C., Decatur, GA



Judge Pinkie Turner Toomer hears the matters of the Alvarez Estates on Thursday, July 20, 2017.

00:00 Bailiff: The judge is on her way out.
00:14 Bailiff: All rise! Probate Court of Fulton County is now in session. The Honorable Judge Pinkie T. Toomer presiding. Court come to order.
00:39 Staff attorney Julie H. Caplan hands out bottled water in the well, and hands case files to Judge Pinkie Toomer.
01:01 Style of the case: Estate of Graciela Alvarez, deceased, estate number 223254 and Estate of Federico Alvarez, deceased, estate number 223354, final settlement of accounts.
02:52 Witnesses who may testify are sworn in.
03:28 Judge Toomer: Raise your rights hand, please. Do you each solemnly swear or affirm that the testimony and information you will give before this tribunal will be the truth, the whole truth, so help you God. Do you so swear or affirm?
Witnesses: Yes.
Judge Toomer: Excellent, thank you.
03:42 Rule of sequestration of witnesses invoked.
04:17 Amendments to the petition delivered by Walter Hamberg III.
05:02 Motion by John Spears Jr. for Walter Hamberg III regarding dismissal of administrator.
06:42 Response by John Barrett for Maria Kingery.
07:09 Judge Toomer: Voluntary dismissal is moot.



John Spears, Jr. makes an opening statement to Judge Pinkie Turner Toomer on Thursday, July 20, 2017.

00:00 Opening statement by John Wesley Spears Jr. for Walter Hamberg III.
04:21 Fredy Maximo Alvarez and John Charles Barrett waive opening statements.



Walter Hamberg III, Esq., testifies on the Alvarez Estates on Thursday, July 20, 2017.

00:00 Walter Hamberg III, administrator of both estates.
00:32 Direct examination of Walter Hamberg III by John Spears Jr.
1:05:25 Cross examination of Walter Hamberg III by Fredy Alvarez.
1:38:12 Cross examination of Walter Hamberg III by John Barrett.
1:59:34 Redirect of Walter Hamberg III by John Spears Jr.



John Wesley Spears Jr., Esq., testifies on the Alvarez Estates on Thursday, July 20, 2017.

00:00 Judge Pinkie T. Toomer: Who’s next?
00:02 John H. Spears Jr., Esq.
00:25 Direct examination of John Spears Jr. by Walter Hamberg III.
1:02:24 Nydia Tisdale: I was just wanting to make sure the microphones are turned on. That’s all, thank you.
Judge Toomer: They’re not. Thank you.
1:02:54 Cross examination of John Spears Jr. by Fredy Alvarez.
1:19:14 Cross examination of John Spears Jr. by John Barrett.
1:29:13 Redirect of John Spears Jr. by Walter Hamberg III.
1:30:01 Recross of John Spears Jr. by Fredy Alvarez.
1:30:52 John Spears Jr. steps down from witness stand.



Ann J. Herrera, Esq., testifies on the Alvarez Estates on Thursday, July 20, 2017.

00:00 Ann J. Herrera, Esq.
00:29 Staff attorney Julie H. Caplan hands out bottled water in the well.
01:07 Ann Herrera enters courtroom.
01:24 Ann Herrera sworn in.
01:34 Direct examination of Ann Herrera by John Spears Jr.
15:31 Ann Herrera steps down from witness stand.
16:09 Ann Herrera to Bailiff: I can go home.
Terry Kingery holds door for Ann Herrera.



Brian Michael Deutsch, Esq., testifies on the Alvarez Estates on Thursday, July 20, 2017.

00:00 Brian Michael Deutsch, Esq.
00:37 Brian Deutsch enters courtroom.
01:33 Direct examination of Brian Deutsch by Walter Hamberg III.
12:19 Cross examination of Brian Deutsch by John Barrett.
13:39 Redirect of Brian Deutsch by Walter Hamberg III.
13:57 Brian Deutsch steps down from witness stand.



Fredy Maximo Alvarez, Esq., testifies on the Alvarez Estates on Thursday, July 20, 2017.

00:00 Fredy Máximo Álvarez, Esq. takes the stand.
00:27 Fredy Alavarez testifies.
12:26 Cross examination of Fredy Alvarez by John Barrett.
17:28 Cross examination of Fredy Alvarez by John Spears Jr.
18:05 Fredy Alvarez steps down from the witness stand.



Craig T. Jones, Esq., testifies on the Alvarez Estates on Monday, July 24, 2017.

00:00 Craig T. Jones, Esq.
00:25 Craig T. Jones sworn in.
00:45 Direct examination of Craig Jones by John Barrett.
14:09 Cross examination of Craig Jones by Fredy Alvarez.
26:59 Cross examination of Craig Jones by John Spears Jr.
27:37 Craig Jones steps down from witness stand and takes his leave.



Maria I. Kingery testifies on the Alvarez Estates on Monday, July 24, 2017.

00:00 Maria I. Kingery, heir to estate.
00:22 Maria I. Kingery sworn in.
00:53 Direct examination of Maria Kingery by John Barrett.
07:26 Maria Kingery has emails to submit to the court.
07:41 John Spears and Fredy Alvarez object.
07:53 John Barrett responds.
08:46 Judge Toomer rules on which exhibits to allow and which exhibits to exclude.
12:44 Five-minute break to cull exhibits.
13:53 Maria Kingery and John Barrett return to the courtroom.
14:12 Maria Kingery returns to the witness stand.
14:46 John Barrett continues direct examination of Maria Kingery.
36:10 John Barrett takes two minutes with his client.
36:20 Maria Kingery: My sincere apologies to this court.
36:28 Judge Toomer: Your lawyer wants to talk to you for a couple of minutes.
38:47 Cross examination of Maria Kingery by Fredy Alvarez.
40:08 Cross examination of Maria Kingery by John Spears Jr.
42:50 Maria Kingery steps down from the witness stand.
43:20 John Barrett: No further witnesses.



Attorneys — Fredy Maximo Alvarez, John Charles Barrett, and John Wesley Spears Jr. —
make closing arguments to Judge Pinkie Turner Toomer on Monday, July 24, 2017.


00:36 Closing argument by Fredy Alvarez.
18:08 Closing argument by John Barrett.
23:57 Closing argument by John Spears Jr.



Judge Pinkie Turner Toomer comments on the Alvarez Estates on Monday, July 24, 2017.

00:00 Closing comments by Judge Pinkie Toomer.
01:27 Judge Toomer: Thank you all. I think this matter is concluded. You’re free to go. Thank you, sir. Thank you, sir.
Counsel: Thank you, your Honor.
Judge Toomer: Thank you, all. I appreciate your time. I’m sorry, sometimes it’s unfortunate that we get to this kind of litigation, but this is what we do. Thank you.
01:49 Maria Kingery: Due to fraud, nothing else.
01:55 Parties pack up and exit courtroom.


“Nydeo” by Nydia Tisdale for AboutForsyth.com.
Please $upport Nydeos via PayPal at NydiaTisdale@hotmail.com.

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