state the person who died said that the people at any rate with my two sons stole from me took things he didn't tell me about all the liabilities in the account to me and all the books and records and won't show me my share that's what comes out of his way verified like file when he had counsel so it's through the point is to say oh for this one is this we will appoint a special admi thousand and one that was on june twenty first ok next day he signed a new will twenty second and july third reportedly revoked that june twenty second reinstated september thirtieth two thousand one will revoking its interest in the will that i signed during the week by not an reinstating the will of september thirtieth two thousand once affectively in that short time period there eight revoked five times different wells to new ones and there was in july seventeenth of his lawyer the case against sam's withdraws correct he withdraws in all three cases one for damages the guardianship case and the order of protection case your protection that is there in june sixth two thousand and seven and then shortly after that the next day he is involuntarily committed to the psychiatric ward in regents hospital and in the end after a attempting to see the attorney there to visit with him and was prevented from visiting the attorney the one that supposedly sign those to redo the september two thousand sisters you can't conceive of this unless we know about it and we approve it ok then without notice to really anyone because the written notice to him he could read there was no testimony that anyone read to him  and that was the two executors so he lives up we're broke it's back to my question which you have moved to substitute your clients who are always plaintiff on behalf of their father given the obvious conflict or somebody else to pursue that they're going to get they're going to get executor fees and attorneys fees representing the estate they're going to get attorney's fees and all the rest of it while they do this and they're not doing their job and in this circumstance the conflict is so core issue oriented that if other cause means anything under section twenty three days to this it's got to be one of those other promises for them to be removed we're not asking to be a point we've told judge tracey rush we want an independent person to step in on this evaluate the cause of action on behalf of the state fairly that's what we're asking for but we think they are totally c and they were conflicted for nine months and they don't even put it on and they don't even want they don't even list this claim on the inventory they filed or the supplement filed pics they completely ignored this yes russia's comment that well it was public record surviving news that that's not a big deal and not very persuaded by that combat to say that because something is public record we don't have to put it on the inventory especially when it's a claim against ourselves but they took no action different kind of conflict we have here we have the middle of the road seaton suing them they had sixteen months before he died to go to court and try to dismiss it why didn't it was he to find the reference in different proportions that september thirtieth two thousand and one will clearly benefits the sons versus the guards the wills that were done in two thousand and seven by frank weber are more evenly split among all four no record of ever used except for these two reinstatement and that attorney he attempted to see after frank webber withdraw and was prevented from seeing him and ends up in the psychiatric ward for days it was that taken from the time his attorney with in july two thousand and seven to the time of his death your half later the plaintiffs or the petitioners and that the two brothers never bought anything to court and nothing was done on his side and there were no in the operation where the three of them have a one third of gross proceeds and one third of the expenses arrangement between now and he's asking for an accounting and he's asking for damages in the amount that then finds out talking about the fact that when a person dies if they have outstanding claims and lawsuits that the estate has a right to that not be vigilant so we didn't have any direct right to jump into that case directly i could've contest is the answer my question yes another and representing the state during the germination in this instance name trust company or someone could have been on this journey of jim knows his petition appointed as a special ministry is what is your response to this claim that that's a bad thing so what my response is this if the chad direct listing of  and that's all set forth in the report proceedings he he objected to the use of the language that was in the kitchen to the but some in some third party without interest so the dismissed that's the person so duty there would be to evaluate and pursue this and if there's any merit to it if there are no other questions i guess i think it doesn't ask for damages it doesn't ask for a whole lot of things that you would normally be found in an accounting action and in fact because the records in which you can see issues raised in the motion to dismiss that were related to that right but i have with me that titian the point of the special prosecutor in part reads of those for the appointment of special administrator for the purpose of prosecuting claims of janet edwards and linda morgan question is is was he trying to select someone he says no he's making the recommendation to have someone appointed to protect his position when he has no sin file won't tell so i don't understand what's going on here what the prosecution case if the case can exist and he can appoint someone to take it over why did he feel it necessary to eliminate the conflict by dismissing the case for one of prosecution noles being executor yes why was he didn't even list this claim in the inventory or the supplemental inventory or take any action on it in nine months until we came into the picture  executor who refused to acknowledge the case refused to schedule the case and once we come in asking that he be removed because of the conflicts that are obvious he says oh why don't we just have a special prosecutor