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HomeMy WebLinkAbout0998 pastor's own admission Mrs. Strader trusted him and enga ed in con- ~ g fidential counseling sessions with him. In March of 1983, the decedent went to at~orney Ben Bryan, Jr. for the preparation of a will. In that will she left her estate to her daughter, with Parkview Baptist Church as a residuary beneficiary. Reverend Townsend was nct in the first will. In mid May, specitically on May 17, 1983, the decedent was admitted to the hospital with what ultimatley became a terminal illness. However, at the time of her admission she did not know that her illness was terminal. The Defendant produced a letter ~ written by Mrs. Strader to Reverend Townsend dated May 10, 1983, indicating that, after having a discussion with Reverend Townsend, she had decided to assign to Reverend Townsend her mortgage, trusting that he would use it to do God's business. The date on ; the letter has been changed either from May 9th or May 19th to i May lOth. Reverend Townsend indicated that he received the letter on May 13th. There was absolutely no testimony to indicate why on May lOth Mrs. Strader would assign her only means of support to the Defendant when at that time she did not have any indication S ~ ; that she was iminently in danger of death. ~ After having been admitted to the hospital on May 17, 1983, she executed an assignment of the mortgage to Reverend Townsend on June 11, 1983. The Defendant obtained the assignment of mortgage form from an attorney he knew in town, and the Defendant had it prepared at the church office under his direction. The Defendant brought witnesses to the hospital to witness Mrs. Strader's signature, and one of the witnesses testified at the trial that she did not even know who Mrs. Strader was and could not have testified for sure that it~was Mrs. Strader signing the document. AlI of the witnesses and the notary were members of the church. None of them were really friends of Mrs. Strader. Mrs. Strader's attorney, Mr. Bryan, was never involved in the transaction. Also, at the Defendant's direction a letter was prepared and signed by Mrs. Strader notifying the mortgagor of the assignment of mortgage , and directing that payments be made to the Reverend Townsend. Furthermore, the Reverend Townsend was also present in the room -2- ~ ~ ~ , _ _ . - ~f~:: .