Links to
EVIDENCE of Fraud and Undue Influence
in the
Estate of Irving Fields
(1919 - 1991)
** OVERVIEW **

Click here for a summary of this case, its disposition, and current status.

Otherwise, scroll down and click on a link to the evidence. Good places to start are
* Attorney Schwartz's Memo
* Plaintiff's Petition to Set Aside Contested Deed
* Defendant's Motion In Limine
* Defendant's testimony


** IRVING'S ORIGINAL ESTATE DOCUMENTS **

Prenuptial Agreement (1977) - Irving and Shirley agree not to make any claim upon the other's property or estate
Marital Settlement Agreement (1987) - Irving and Shirley reaffirm their Prenuptial Agreement

Life Insurance Policy (not yet posted)
Revocable Trust (July 20, 1989) - funds higher education of granddaughters
Last Will and Testament (August 12, 1989)


** CONTESTED DOCUMENTS **
(Signed by Irving While He Was Under a Do Not Resuscitate Order and Being Administered Morphine)

Last Will - prepared by Dr. Steinmetz to satisfy the wishes of Irving's daughter Paige Lewis
Deed - subsequently prepared by attorney Ryna Mehr to satisfy the wishes of her mother


** THE CONTESTED DEED **
(EVIDENCE of Fraud and Undue Influence in the Procurement and Defense of This Deed)

Defendant's 1993 Motion In Limine - admits Irving's wishes up to the day Irving died
Defendant's 1991 Answers to Interrogatories - a superb introduction to the Defendant's testimony
1991 Deposition of Shirley Fields, the Defendant - admits Irving again said NO on the morning he died
>>> EXHIBIT :   Defendant's 1990 will, proving one instance of perjury
        QUESTION:   Why did the Defendant need to lie about her prenuptial agreement?
1992 Deposition of Ryna Mehr, the Defendant's Daughter - focuses on her mother's testimony
1992 Deposition of David Riggs, Mehr's Law Partner - focuses on what Irving refused to sign
>>> EXHIBIT:   one of 13 (THIRTEEN!) documents which Irving refused to sign
        QUESTION:   Why did the Defendant demand more from Irving during his final hours than she
                                 had previously sought and been denied?

1992 Deposition of Joe Cook, also Ryna's Law Partner - focuses on marital settlement agreement
1991 Deposition of Marion Stearns, the Defendant's Best Friend
1991 Deposition of Leonard Stearns, Marion's Husband

1992 Deposition of Dr. Dennis Steinmetz, the Doctor Who Resuscitated Irving - focuses on conflict between contested documents
1992 Deposition of Dr. Robert Sonneborn, Ryna's Friend - focuses on conflict between contested documents
1992 Deposition of Nurse Elizabeth Nemeth - focuses on "alert" vs. "competent"

1991 Memorandum of Allan Schwartz, Irving's Attorney - notes Irving's "extreme distrust" of Ryna Mehr
1992 Deposition of Charlotte Ryan, Irving's Sister - testifies that Irving repeatedly told Defendant NO

Correspondences with Irv Bergrin, Irving's lawyer in Ohio - addresses Irving's need for independent counsel
1992 Deposition of Dr. Declan Walsh, - an independent expert in palliative care (not yet posted)
1992 Nova University Law School Opinion - concludes there was tortious interference and civil theft


** TRIAL COURT PROCEEDINGS **
(EVIDENCE of More Fraud. More to be posted.)

Evidence & Authority of Fraud Upon the Court

Plaintiff's Petition to Set Aside Contested Deed (Jun 1991)

Pretrial Order Setting Cause for Non-Jury Trial (Apr 1993) - sent by Court to T. Fields
Complaint of Non-Compliance with Pretrial Order (Apr 1993) - filed by T. Fields, individually
Motion to File Unilateral Stipulations In Accordance with Pretrial Order (Apr 1993) - filed by T. Fields, individually
Pretrial Stipulations (not yet posted) - filed by T. Fields, unilaterally
Trial Court's Calendar (not yet posted)

Final Judgement of the Court (Aug 1993) - for the Defendant


**ANCILLARY CONFLICTS **
THE CONSTRUCTION OF IRVING'S WILL
IRVING'S LIFE INSURANCE
THE APPOINTMENT OF GUARDIANS FOR IRVING'S GRANDCHILDREN
(EVIDENCE of More Fraud - not yet posted)


** APPELLATE PROCEEDINGS **
(EVIDENCE of More Fraud. More to be posted.)

Florida's 4th District Court of Appeals:
Appellant's Amended Initial Brief (Apr 1996)
Appellant's Reply Brief (Aug 1996)
NOTE the evidence and authorities cited in this brief on "extrinsic fraud" and "fraud upon the court" in response to Appellee's Answer Brief
Exhibits (14) Appended to Appellant's Reply Brief - including case law memoranda prepared by Plaintiff's attorney, complaints filed by Plaintiff, correspondences between attorneys, and correspondences between parties.
Dismissal of Appeal (Dec 1996), a PCA decision
Court Mandate (Jan 1997)

Florida's Supreme Court:
Dismissal of Appeal (Feb 1997), refusing to review a PCA decision
PRECEDENT CITED BY COURT - Jenkins v. State, 382 So.2d 83 (Fla. 4th DCA 1980)
NOTE ABOUT PRECEDENT - The Florida Supreme Court has defrauded the public by its deliberate misuse of the word "expressly". (See notes linked here to Jenkins decision for details.)

1998 Complaint - Seven Years of Fraud


** 1996 FLORIDA BAR COMPLAINTS **
(EVIDENCE of More Fraud. More to be posted.)

Attorney Peter Forman's Reply to the Florida Bar
NOTE - Mr. Forman confirms that "the rule" was invoked to exclude Mr. Fields from the trial
Letter Written to the Florida Bar by Charlotte Ryan, Irving's Sister
NOTE - Ms. Ryan challenges statements by attorneys Riggs and Foreman


** DEFINITION of KEY LEGAL TERMS **
(FindLaw's On-Line Law Dictionary)

"Undue Influence" - as exerted upon Irving by the Defendant
"Fraud" - Actual, Intrinsic, and Extrinsic (a.k.a. Fraud Upon the Court)
"Express" - see Jenkins precedent (supra)


** AUTHORITIES **
(more to be posted)

"Wills, Testamentary Capacity and Undue Influence", by I. Perr, MD, JD
"Undue Influence and Written Documents: Psychological Aspects", by M. Singer, PhD
Ohio Legislative Service Commission Memorandum

Ohio Physicians' Elder Abuse Prevention Project Trust Talk Report
Harborview Medical Center's Elder Abuse Diagnostic and Intervention Protocol