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E. Gary Gygax Sr. May Have Had Another, More Recent Will?
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<blockquote data-quote="Alzrius" data-source="post: 8998633" data-attributes="member: 8461"><p>Day two of the trial saw several more witnesses called, more exhibits entered into evidence, and more objections! The full text of the docket entry is below, with my breakdown after that. As always, EN World attorneys, please feel free to interject with comments and corrections!</p><p></p><p></p><p></p><p>From what I can make of this, things went like so:</p><ul> <li data-xf-list-type="ul">Luke's attorney, Jennifer Gorn, calls officer Lucas Hansen to the stand. Precisely who this is or what their bearing is on the trial is unclear.</li> <li data-xf-list-type="ul">Attorney Gorn then enters <strong>exhibit #9, Officer Hansen's report</strong> into evidence.</li> <li data-xf-list-type="ul">Steven Koch, the attorney acting as the personal representative (i.e. executor) for Gary's estate, then cross-examines Officer Hansen. At one point during this, the court notes that Officer Hansen identified the respondent (i.e. Gail Gygax).</li> <li data-xf-list-type="ul">Officer Hansen is then cross-examined by attorney Theodore Johnson, Gail's lawyer, with a subsequent redirect by attorney Gorn.</li> <li data-xf-list-type="ul">Officer Hansen is then excused.</li> <li data-xf-list-type="ul">Attorney Gorn then calls Alex Gygax (i.e. Gary's son with Gail) to the stand.</li> <li data-xf-list-type="ul">Attorney Johnson objects to something as being speculation, but the court decides to allow the witness (i.e. Alex) to answer.</li> <li data-xf-list-type="ul">Attorney Gorn then introduces <strong>exhibit #11, conversation between Lucion Gygax & Alex Gygax</strong> into evidence. Attorney Johnson <a href="https://www.unpredictableblog.com/blog/hearsay" target="_blank">objects as to foundation</a> ("the witness does not have firsthand knowledge about the subject matter of their testimony"), but the court believes that he (i.e. Alex) has shown "proper foundation," and the exhibit is entered into evidence.</li> <li data-xf-list-type="ul">Attorney Koch cross-examines Alex, and while attorney Johnson initially conduct his own cross, he does so after Alex is directed to answer some questions by the court itself.</li> <li data-xf-list-type="ul">Attorney Johnson then enters <strong>exhibit #105, list of items delivered</strong> into evidence, followed by a quick re-direct from attorney Gorn.</li> <li data-xf-list-type="ul">A brief recess is then taken.</li> <li data-xf-list-type="ul">Coming back from the recess, attorney Gorn argues against the court's receiving exhibit #105 into evidence. Attorney Koch makes a foundation objection of his own (it's unclear if he's objecting to what attorney Gorn is arguing, or objecting to attorney Johnson's entering exhibit #105 into evidence).</li> <li data-xf-list-type="ul">The court elects not to receive exhibit #105 into evidence.</li> <li data-xf-list-type="ul">Attorney Gorn then calls <a href="https://en.wikipedia.org/wiki/Stephen_Chenault" target="_blank">Stephen Chenault</a> to the stand.</li> <li data-xf-list-type="ul">Chenault testifies, then is cross-examined by both attorney Koch and attorney Johnson, on re-direct by attorney Gorn, and then re-crossed by attorney Johnson.</li> <li data-xf-list-type="ul">Chenault is then excused.</li> <li data-xf-list-type="ul">Court then pauses so the parties can discuss scheduling.</li> <li data-xf-list-type="ul">Attorney Gorn then calls Luke Gygax to the stand.</li> <li data-xf-list-type="ul">Attorney Gorn then introduces <strong>exhibit #10, text messaged between Lucion & Gail Gygax</strong> into evidence.</li> <li data-xf-list-type="ul">Attorney Johnson objects as to relevance, which leads to a back-and-forth between him and attorney Gorn, with a "record" by attorney Koch, before the court sustains attorney Johnson's objection.</li> <li data-xf-list-type="ul">Luke is cross-examined by attorney Koch.</li> <li data-xf-list-type="ul">Luke is cross-examined by attorney Johnson, who then introduces <strong>exhibits #103 & #104</strong> (no description) into evidence.</li> <li data-xf-list-type="ul">Attorney Gorn objects to the relevance of a question put to Luke, to which attorney Johnson responds. There's a re-direct from attorney Gorn to Luke, followed by a re-cross by attorney Johnson.</li> <li data-xf-list-type="ul">Luke is then excused.</li> <li data-xf-list-type="ul">Attorney Johnson asks the court to receive exhibits #103 and #104 into evidence. Attorney Gorn objects. The court "receives & will consider for the record."</li> <li data-xf-list-type="ul">The petitioner (i.e. Luke) has no further witnesses to call.</li> <li data-xf-list-type="ul">The court then takes a brief recess.</li> <li data-xf-list-type="ul">Coming back from recess (with a new clerk), the petitioner rests their case.</li> <li data-xf-list-type="ul">Attorney Johnson then conducts a <a href="https://www.law.cornell.edu/wex/direct_examination" target="_blank">direct exam</a> of Gail (which necessarily implies calling her to the stand as a witness).</li> <li data-xf-list-type="ul">Attorney Johnson re-introduces exhibit #105.</li> <li data-xf-list-type="ul">Gail is then cross-examined by attorney Gorn.</li> <li data-xf-list-type="ul">Gail is then excused.</li> <li data-xf-list-type="ul">Attorney Johnson offers exhibit #105 into evidence, and over attorney Gorn's objection, the court receives it.</li> <li data-xf-list-type="ul">Each of the three attorneys, Gorn, Johnson, and Koch, present arguments.</li> <li data-xf-list-type="ul">The court appoints attorney Koch to submit the inventory (of Gary's estate, presumably).</li> <li data-xf-list-type="ul">The court then orders Gail not to sell or transfer any property (of Gary's estate, presumably).</li> <li data-xf-list-type="ul">Attorney Koch expresses willingness to continue acting as the personal representative of Gary's estate.</li> <li data-xf-list-type="ul">Attorneys Johnson and Gorn make further arguments to the court.</li> <li data-xf-list-type="ul">The court then grants attorney Koch the power to sell property (of Gary's estate, presumably) in order to prepare to file the inventory.</li> <li data-xf-list-type="ul">Attorney Gorn will "prepare any Orders needed."</li> <li data-xf-list-type="ul">There's a discussion of scheduling for the next ninety days.</li> <li data-xf-list-type="ul">Court is then recessed for the day.</li> </ul><p>It's hard to see how things are shaping up so far, and I'm still not sure when we'll get a ruling after the trial reaches its conclusion, but I'll continue posting updates here as we receive them!</p></blockquote><p></p>
[QUOTE="Alzrius, post: 8998633, member: 8461"] Day two of the trial saw several more witnesses called, more exhibits entered into evidence, and more objections! The full text of the docket entry is below, with my breakdown after that. As always, EN World attorneys, please feel free to interject with comments and corrections! From what I can make of this, things went like so: [LIST] [*]Luke's attorney, Jennifer Gorn, calls officer Lucas Hansen to the stand. Precisely who this is or what their bearing is on the trial is unclear. [*]Attorney Gorn then enters [B]exhibit #9, Officer Hansen's report[/B] into evidence. [*]Steven Koch, the attorney acting as the personal representative (i.e. executor) for Gary's estate, then cross-examines Officer Hansen. At one point during this, the court notes that Officer Hansen identified the respondent (i.e. Gail Gygax). [*]Officer Hansen is then cross-examined by attorney Theodore Johnson, Gail's lawyer, with a subsequent redirect by attorney Gorn. [*]Officer Hansen is then excused. [*]Attorney Gorn then calls Alex Gygax (i.e. Gary's son with Gail) to the stand. [*]Attorney Johnson objects to something as being speculation, but the court decides to allow the witness (i.e. Alex) to answer. [*]Attorney Gorn then introduces [B]exhibit #11, conversation between Lucion Gygax & Alex Gygax[/B] into evidence. Attorney Johnson [URL='https://www.unpredictableblog.com/blog/hearsay']objects as to foundation[/URL] ("the witness does not have firsthand knowledge about the subject matter of their testimony"), but the court believes that he (i.e. Alex) has shown "proper foundation," and the exhibit is entered into evidence. [*]Attorney Koch cross-examines Alex, and while attorney Johnson initially conduct his own cross, he does so after Alex is directed to answer some questions by the court itself. [*]Attorney Johnson then enters [B]exhibit #105, list of items delivered[/B] into evidence, followed by a quick re-direct from attorney Gorn. [*]A brief recess is then taken. [*]Coming back from the recess, attorney Gorn argues against the court's receiving exhibit #105 into evidence. Attorney Koch makes a foundation objection of his own (it's unclear if he's objecting to what attorney Gorn is arguing, or objecting to attorney Johnson's entering exhibit #105 into evidence). [*]The court elects not to receive exhibit #105 into evidence. [*]Attorney Gorn then calls [URL='https://en.wikipedia.org/wiki/Stephen_Chenault']Stephen Chenault[/URL] to the stand. [*]Chenault testifies, then is cross-examined by both attorney Koch and attorney Johnson, on re-direct by attorney Gorn, and then re-crossed by attorney Johnson. [*]Chenault is then excused. [*]Court then pauses so the parties can discuss scheduling. [*]Attorney Gorn then calls Luke Gygax to the stand. [*]Attorney Gorn then introduces [B]exhibit #10, text messaged between Lucion & Gail Gygax[/B] into evidence. [*]Attorney Johnson objects as to relevance, which leads to a back-and-forth between him and attorney Gorn, with a "record" by attorney Koch, before the court sustains attorney Johnson's objection. [*]Luke is cross-examined by attorney Koch. [*]Luke is cross-examined by attorney Johnson, who then introduces [B]exhibits #103 & #104[/B] (no description) into evidence. [*]Attorney Gorn objects to the relevance of a question put to Luke, to which attorney Johnson responds. There's a re-direct from attorney Gorn to Luke, followed by a re-cross by attorney Johnson. [*]Luke is then excused. [*]Attorney Johnson asks the court to receive exhibits #103 and #104 into evidence. Attorney Gorn objects. The court "receives & will consider for the record." [*]The petitioner (i.e. Luke) has no further witnesses to call. [*]The court then takes a brief recess. [*]Coming back from recess (with a new clerk), the petitioner rests their case. [*]Attorney Johnson then conducts a [URL='https://www.law.cornell.edu/wex/direct_examination']direct exam[/URL] of Gail (which necessarily implies calling her to the stand as a witness). [*]Attorney Johnson re-introduces exhibit #105. [*]Gail is then cross-examined by attorney Gorn. [*]Gail is then excused. [*]Attorney Johnson offers exhibit #105 into evidence, and over attorney Gorn's objection, the court receives it. [*]Each of the three attorneys, Gorn, Johnson, and Koch, present arguments. [*]The court appoints attorney Koch to submit the inventory (of Gary's estate, presumably). [*]The court then orders Gail not to sell or transfer any property (of Gary's estate, presumably). [*]Attorney Koch expresses willingness to continue acting as the personal representative of Gary's estate. [*]Attorneys Johnson and Gorn make further arguments to the court. [*]The court then grants attorney Koch the power to sell property (of Gary's estate, presumably) in order to prepare to file the inventory. [*]Attorney Gorn will "prepare any Orders needed." [*]There's a discussion of scheduling for the next ninety days. [*]Court is then recessed for the day. [/LIST] It's hard to see how things are shaping up so far, and I'm still not sure when we'll get a ruling after the trial reaches its conclusion, but I'll continue posting updates here as we receive them! [/QUOTE]
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