13 with Monty Kimball about Monty's being hired to

14 assist Barton Warnock with regard to transferring

15 certain pieces of his property?

16 A. I had a conversation with Monty. I didn't

17 know -- To my recollection, it was about the will.

18 But I -- I -- You'll have to ask Monty really.

19 He -- he called me at the County

20 Attorney's office and told me that -- I can't

21 remember if he said that Barton was in the office

22 with him then or whether he had talked to Barton, and

23 I thought it was about the will, to my recollection.

24 But I don't remember.

25 And -- and I told Monty, yes, that I


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_ 36

1 had been -- he had talked to me, that he was going to

2 get married and all that.

3 And all I -- and I -- and I told Monty,

4 I said, "Monty, be very careful, because he -- he has

5 dementia, and he -- he doesn't remember from one day

6 to the next what he's done."

7 Q. All right. Did you express to Monty any

8 reservation that Doctor Warnock does not have the

9 mental capacity to transact his own business?

10 A. I just told him to be very careful.

11 Q. Okay. And what did you mean by "Be very

12 careful"?

13 A. Well, he -- he -- he was an old man. And he

14 doesn't remember from day-to-day, you know, what he

15 had done. And it was obvious to me that when I

16 had -- was visiting with him and when I did Ruel's

17 will, he -- he didn't understand the trust. He

18 didn't understand where the assets were. He didn't

19 understand all of that.

20 And I was just trying to convey to him,

21 you know -- you know, "He's an old man. Be careful.

22 Be very careful. Make -- make sure" -- I was trying

23 to get across to Monty, make sure he -- he -- you