WEBVTT - The Athlete Whisperer: Ep. 8, It's a Very Crazy Family

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<v Speaker 1>On September sixth, nineteen eighty five, elkins biological father.

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<v Speaker 2>Elkin, who was pretending to be Peggy's brother but is

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<v Speaker 2>really her son.

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<v Speaker 1>Yeah, elkins biological father Elkin Simpson Senior, was killed in

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<v Speaker 1>a plane crash. At the time of his death, Elkin

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<v Speaker 1>Simpson Senior was in the process of divorcing Elkins's mother, Peggy,

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<v Speaker 1>but a final divorce decree had not yet been entered. Accordingly,

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<v Speaker 1>Peggy filed the wrongful death suit against the airline company

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<v Speaker 1>as a surviving spouse, from which at least two hundred

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<v Speaker 1>thousand dollars was set aside for elkins benefit. Apparently, the

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<v Speaker 1>last of the settlement funds, approximately fifty thousand dollars, was

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<v Speaker 1>used by Peggy in around two thousand and five as

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<v Speaker 1>a down payment for a condominium she purchased in Louisiana.

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<v Speaker 2>I'm Jonathan Walton and this is a bonus episode of

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<v Speaker 2>Queen of the Cohn The Athlete Whisperer, Episode eight. It's

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<v Speaker 2>a Very Crazy Family where my buddy Evan Goldstein and

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<v Speaker 2>I review a bunch of insane lawsuits and appeals filed

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<v Speaker 2>by Peggy and her son Elkin for various scammy reasons. Whoo,

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<v Speaker 2>this is like a novel here, so I'll tell you

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<v Speaker 2>that the cliffs notes Peggy's first husband died in a

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<v Speaker 2>plane crash.

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<v Speaker 3>Wow.

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<v Speaker 2>But when he died in that plane crash, they were

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<v Speaker 2>separated for five years, but they were not officially divorced

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<v Speaker 2>on paper. They were just separated. But she had remarried

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<v Speaker 2>someone else while she was on paper married to this

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<v Speaker 2>guy who died in the plane crash. So five years

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<v Speaker 2>after they separate, the guy dies in a plane crash,

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<v Speaker 2>which is Elkin's biological father, the one who died in

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<v Speaker 2>the plane crash. Peggy, seizing that she's still married to

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<v Speaker 2>him on paper, tries to get the rights to the

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<v Speaker 2>settlement that the airline made in the lawsuit that was

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<v Speaker 2>filed for wrongful death in the amount of two hundred

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<v Speaker 2>thousand dollars. Peggy tries to get that two hundred thousand

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<v Speaker 2>dollars for herself. So in nineteen eighty five, Peggy is

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<v Speaker 2>newly married to doctor Forrest King and living in a

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<v Speaker 2>mansion in Atlanta down the street from Whitney Houston. When

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<v Speaker 2>she plans to scam the airline and her previous husband's

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<v Speaker 2>current live in girlfriend, Monica out of that two hundred

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<v Speaker 2>thousand dollars wrongful death settlement, and Peggy's childhood friend, Pamela

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<v Speaker 2>Carey is actually a witness to this fraud in progress.

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<v Speaker 4>I remember Peggy said she was married to doctor King,

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<v Speaker 4>but she had to annul the marriage so that she

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<v Speaker 4>could get the benefits from Elkin's father. And it didn't

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<v Speaker 4>make sense to me, but that's what I was told initially.

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<v Speaker 4>But she was about to come into a large sum

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<v Speaker 4>of money.

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<v Speaker 2>She files a lawsuit trying to take possession of that

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<v Speaker 2>two hundred thousand dollars settlement.

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<v Speaker 1>Simpson versus King, Supreme Court of Georgia decided September eleventh,

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<v Speaker 1>nineteen eighty nine. Appelly missus Forest King. That's Peggy was

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<v Speaker 1>named administratis. It sounds like a dominatrix, sounds sexual.

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<v Speaker 2>It's just a female administrator. This is a court in Georgia.

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<v Speaker 1>A Pelly, missus Forest King was named administratis of decedent

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<v Speaker 1>Elkin Stanley Simpson's estate.

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<v Speaker 2>Decedent is a term that's generally used in law governing

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<v Speaker 2>estates and trusts in reference to a person who has died.

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<v Speaker 1>An application challenging the appelles appointment filed by the appellent

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<v Speaker 1>Monica Simpson was denied by the probate court.

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<v Speaker 2>So Monica was the woman Elkin Senor was gonna marry.

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<v Speaker 2>Monica was the woman Elkin's dad, Elkin. It gets confusing

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<v Speaker 2>because they're both named Elkin. He was going to marry her.

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<v Speaker 2>He'd been separated from Peggy for five years. They weren't

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<v Speaker 2>legally divorced on paper, but they were divorced for all

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<v Speaker 2>intents and purposes. She'd married someone else in the meantime,

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<v Speaker 2>so obviously whatever. So Monica is the woman who fought

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<v Speaker 2>to get this too hundred thousand because they were going

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<v Speaker 2>to get married, and she has a kid for him too,

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<v Speaker 2>So she fought and the court denied her that, so

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<v Speaker 2>she appealed and appealed to appeal, but she lost the

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<v Speaker 2>loss of loss. I reached out to her, she want

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<v Speaker 2>to talk to me, shocker, but Peggy swooped in and

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<v Speaker 2>early on Peggy successfully manages to be named the administrator

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<v Speaker 2>or administrator tricks under Georgia law for Elkin Senior's estate

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<v Speaker 2>so she could get her hands on that two hundred

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<v Speaker 2>thousand dollars wrongful death settlement from the airline and Elkin

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<v Speaker 2>Senior's girlfriend, Monica, referred to here as the appellant challenges

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<v Speaker 2>that decision.

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<v Speaker 1>The appellant appealed to the Fulton County Superior Court, where

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<v Speaker 1>her motion for partial summary judgment was denied, and where

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<v Speaker 1>the Pelly's motion for summary judgment was granted. We affirm

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<v Speaker 1>in part and reverse in part. The pros here is

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<v Speaker 1>just feel like I'm reading Ray Bradberg. The appelli and

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<v Speaker 1>the decendent were married in nineteen seventy.

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<v Speaker 2>Eight, referring to Peggy and Elkin Senior's marriage in nineteen

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<v Speaker 2>seventy eight, and she gave.

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<v Speaker 1>Birth to a child, Elkin Simpson the second. The couple

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<v Speaker 1>separated in August nineteen eighty, but did not obtain a divorce.

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<v Speaker 1>Sometime in nineteen eighty five, the appellant moved into the decedents'

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<v Speaker 1>home to live with him again.

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<v Speaker 2>The appellant here is Monica, the woman Elkin Senior was

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<v Speaker 2>with after he and Peggy separated. Monica lives with Elkin

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<v Speaker 2>Senior for years.

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<v Speaker 1>In the course of their cohabitation, the appellant became pregnant,

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<v Speaker 1>and they told various family members about their future child.

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<v Speaker 1>Mister Simpson instituted divorce proceedings against.

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<v Speaker 2>The appelle meaning Peggy, and.

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<v Speaker 1>On June twenty fifth, nineteen eighty five, a final alimonium

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<v Speaker 1>property settlement agreement was entered into by the parties. The

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<v Speaker 1>agreement gave mister Simpson custody of Elkin the second and

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<v Speaker 1>awarded the Pelly that's Peggy twenty five hundred dollars for

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<v Speaker 1>her share of the home in which mister Simpson and

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<v Speaker 1>the appellant.

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<v Speaker 2>Was so in Peggy's pending divorce from Elkin Senior, she

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<v Speaker 2>was going to get twenty five hundred dollars and that's it.

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<v Speaker 2>Full custody of her son, Elkin Junior was actually awarded

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<v Speaker 2>to his father, Elkin Senior, and not to Peggy, which

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<v Speaker 2>isn't the first time that happens. Shockingly, earlier that same year,

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<v Speaker 2>in nineteen eighty five, Peggy married and divorced another guy

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<v Speaker 2>named Irving Rivers, and he got full custody of the

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<v Speaker 2>baby they had together too, not Peggy. So at this

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<v Speaker 2>point Elkin is the second child that Peggy did not

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<v Speaker 2>get custody of for reasons I can only imagine but

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<v Speaker 2>do not know for sure.

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<v Speaker 1>The agreement was made in order of the Court on

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<v Speaker 1>August twenty second, nineteen eighty five. On September sixth, nineteen

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<v Speaker 1>eighty five, before the final divorce decree was entered, mister

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<v Speaker 1>Simpson died in an airplane crash in Wisconsin. The appelly

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<v Speaker 1>aka Peggy, applied to be named administratics of mister Simpson's

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<v Speaker 1>intestate estate as surviving spouse on September eleventh, nineteen eighty five,

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<v Speaker 1>five days after the fatal accident.

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<v Speaker 2>And that to me just says she's a con woman.

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<v Speaker 2>She separated from this guy for five years, the divorce

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<v Speaker 2>is almost final, she married a whole other guy, and

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<v Speaker 2>then she's circling back to say, oh, I should get

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<v Speaker 2>this is my husband. He's still my husband. Yeah, like

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<v Speaker 2>how low? I don't know how low? Knowing full well

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<v Speaker 2>she's cheating the other woman who he was with and

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<v Speaker 2>had a kid with, out of the money, she doesn't care.

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<v Speaker 1>The Fulton County Probate Court judge appointed the appelle as

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<v Speaker 1>temporary administratics of the decedent's estate on September thirteenth, nineteen

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<v Speaker 1>eighty five. The appellant, as next friend of the decedent's

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<v Speaker 1>unborn child, Tristan, filed a petition to remove the appellee

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<v Speaker 1>as the administratics of the estate.

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<v Speaker 2>And this is Monica. Monica had the son, Tristan, Monica's

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<v Speaker 2>trying to get the rights to that money because he

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<v Speaker 2>was with her before he died, and according to her,

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<v Speaker 2>they planned to get married.

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<v Speaker 1>Subsequently, the appellant claimed to be mister Simpson's common law wife.

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<v Speaker 1>After a hearing, the probate Court found that no common

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<v Speaker 1>law marriage existed between the appellant and mister Simpson. The

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<v Speaker 1>court ruled that the appellant had no standing individually or

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<v Speaker 1>on behalf of Tristan to petition the court for Appelli's removal.

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<v Speaker 1>After Tristan was born, the decedent's parents voluntarily underwent blood tests,

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<v Speaker 1>which showed a ninety nine point seven percent probability that

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<v Speaker 1>the decedent was Tristan's father exactly. The trial court did

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<v Speaker 1>not air in the part of its order which granted

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<v Speaker 1>some rejudgment to the appelle on the issue of the

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<v Speaker 1>common law marriage. There was no common law marriage between

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<v Speaker 1>the appellant and the decedent.

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<v Speaker 2>I'm looking at common law marriage in Georgia. Ooh, Georgia

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<v Speaker 2>is not a common law state. Ah, so that's why

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<v Speaker 2>she got fucked there Georgia doesn't recognize common law marriages.

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<v Speaker 2>You see score one for scammer Peggy. Peggy was still

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<v Speaker 2>married on paper even though she wasn't really married and

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<v Speaker 2>she married a whole other guy. Meanwhile, the woman he's

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<v Speaker 2>really with for years and has his son is not

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<v Speaker 2>allowed to get this two hundred thousand dollars. So sad.

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<v Speaker 2>It really is the system fucking the victim over god.

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<v Speaker 1>Ah. Mister Simpson's actions indicated that he was in the

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<v Speaker 1>process of taking all the necessary steps to ensure that

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<v Speaker 1>the child whom he and the appellant had conceived would

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<v Speaker 1>be born into a legitimate family environment. He proudly told

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<v Speaker 1>his family and friends that he and the appellant were

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<v Speaker 1>going to have a child. Everything necessary for his divorce

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<v Speaker 1>from his estranged wife, Missus Forest King, was complete except

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<v Speaker 1>for the final decree one. He planned to marry the

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<v Speaker 1>appellant as soon as the divorce became final, which would

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<v Speaker 1>have been prior to Tristan's birth.

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<v Speaker 2>And this just shows you the two kinds of people

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<v Speaker 2>were dealing with hair. He was waiting for an official

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<v Speaker 2>divorce on paper before he married again. She didn't fucking wait.

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<v Speaker 2>She went and married again, even though that's technically against

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<v Speaker 2>the law. Did anyone prosecute or know No. Meanwhile, she's married,

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<v Speaker 2>she's reaching back in time to try to get her

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<v Speaker 2>ex husband.

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<v Speaker 1>The money that should be going to them.

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<v Speaker 2>Yeah, it's so ugh.

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<v Speaker 1>The fact that mister Simpson listed the appellant on his

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<v Speaker 1>insurance suggests that he had already begun to think of

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<v Speaker 1>them as family. There is clear and convincing evidence that

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<v Speaker 1>mister Simpson intended for his unborn child to be born

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<v Speaker 1>into a legitimate family environment. Thus his unexpected death will

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<v Speaker 1>not defeat Tristan's claim. The trial court should not have

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<v Speaker 1>granted summary judgment to the appelle and the trial court

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<v Speaker 1>should not have denied partial summary judgment to the appellant

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<v Speaker 1>on that issue. The only reason missus King can be

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<v Speaker 1>considered a surviving spouse is because the final divorce decree

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<v Speaker 1>had not been entered. However, she may not inherit from

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<v Speaker 1>the decedent's estate. Mister Simpson's child, Tristan, may inherit under

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<v Speaker 1>the doctrine of virtual legitimation, and the appelle has no

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<v Speaker 1>interest in the estate of the decedent and may not

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<v Speaker 1>serve as administrators of his estate. As a surviving spouse

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<v Speaker 1>judgment affirmed in part and reversed in part. All the

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<v Speaker 1>justices concur except Belle J that fucking asshole who dissents,

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<v Speaker 1>and Welter J Not participating.

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<v Speaker 2>Here's where it gets interesting. Once Elkin becomes an adult,

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<v Speaker 2>he files a scammy lawsuit too, and you won't believe

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<v Speaker 2>against who after the break Welcome back to Queen of

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<v Speaker 2>the con Here's where it gets interesting. While they did

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<v Speaker 2>not grant Peggy, as a surviving spouse, the right to

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<v Speaker 2>that two hundred thousand dollars settlement from the airline for

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<v Speaker 2>wrongful death, they did ear market for Peggy's son, Elkin,

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<v Speaker 2>who is all so Elkin's senior son, Elkin to get

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<v Speaker 2>when he's eighteen years old. So they put it into

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<v Speaker 2>an account with doctor Forest King's name, which is Peggy's

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<v Speaker 2>third husband who she was with at the time when

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<v Speaker 2>all this transpired, and Peggy's name is on the account too.

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<v Speaker 2>So years go by, apparently because of this lawsuit, nobody

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<v Speaker 2>tells Elkin he's got two hundred thousand dollars in an

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<v Speaker 2>account with his name. In November of twenty eighteen, Elkin

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<v Speaker 2>sues his stepfather, doctor Forest King, and several crazy Appeals

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<v Speaker 2>follow This was filed in May of twenty twenty three,

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<v Speaker 2>so like seven months ago, seven months ago, so this.

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<v Speaker 1>Is still press in the United States Court of Appeals

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<v Speaker 1>for the Eleventh Circuit. Elkin King versus Forrest King Junior,

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<v Speaker 1>Elkin King brought a diversity suit against his former stepfather,

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<v Speaker 1>Forrest King Junior.

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<v Speaker 2>All a diversity suit means is that it involves parties

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<v Speaker 2>from different states. So remember Elkin's biological father, Elkin, died

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<v Speaker 2>in a plane crash in nineteen eighty five and his stepfather,

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<v Speaker 2>Peggy's third husband, is doctor Forrest King. And in November

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<v Speaker 2>of twenty.

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<v Speaker 1>Eighteen, Elkin King brought a diversity suit against his former stepfather,

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<v Speaker 1>Forrest King Junior, alleging that Forrest owed him a fiduciary

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<v Speaker 1>duty to disclose the existence of certain settlement funds arising

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<v Speaker 1>from the wrongful death of Elkin's biological father. Peggy filed

0:13:27.480 --> 0:13:30.120
<v Speaker 1>the wrongful death suit against the airline company as a

0:13:30.160 --> 0:13:34.960
<v Speaker 1>surviving spouse on behalf of herself and Elkin in nineteen

0:13:35.040 --> 0:13:38.800
<v Speaker 1>eighty nine, when Elkin was approximately eleven. Peggy and the

0:13:38.840 --> 0:13:41.720
<v Speaker 1>airline company reached a settlement agreement from which at least

0:13:41.720 --> 0:13:45.199
<v Speaker 1>two hundred thousand dollars was set aside for elkins benefit.

0:13:45.520 --> 0:13:49.040
<v Speaker 1>Peggy's attorney suggested that the settlement fund should be placed

0:13:49.080 --> 0:13:53.040
<v Speaker 1>in an account in her then husband, Forrest's name. Peggy agreed,

0:13:53.360 --> 0:13:55.640
<v Speaker 1>and so the settlement fund's check was made out to

0:13:55.640 --> 0:13:59.600
<v Speaker 1>both Peggy and Forrest on behalf of Elkin. Forrest then

0:13:59.600 --> 0:14:03.680
<v Speaker 1>placed the settlement funds in a separate account entitled Elkin's Account,

0:14:03.760 --> 0:14:07.960
<v Speaker 1>with custodian of Forest King at Charles Schwab in Atlanta, Georgia.

0:14:08.920 --> 0:14:12.080
<v Speaker 1>The party's dispute whether Peggy was also a party to

0:14:12.120 --> 0:14:15.400
<v Speaker 1>the account. There's no evidence that a formal written trust

0:14:15.480 --> 0:14:19.080
<v Speaker 1>governing the use of these settlement funds ever existed. Forest

0:14:19.120 --> 0:14:23.040
<v Speaker 1>and Peggy divorce in approximately February nineteen ninety nine, when

0:14:23.080 --> 0:14:26.320
<v Speaker 1>Elkin was twenty years old. The party's dispute whether Forrest

0:14:26.360 --> 0:14:29.400
<v Speaker 1>turned over control of the account to Peggy following the divorce,

0:14:29.560 --> 0:14:33.040
<v Speaker 1>but it's undisputed that Forest's name was on the account

0:14:33.440 --> 0:14:36.760
<v Speaker 1>until at least the divorce. Apparently, the last of the

0:14:36.800 --> 0:14:40.760
<v Speaker 1>settlement funds, approximately fifty thousand dollars, was used by Peggy

0:14:41.240 --> 0:14:44.240
<v Speaker 1>in around two thousand and five as a down payment

0:14:44.280 --> 0:14:46.760
<v Speaker 1>for a condominium she purchased in Louisiana.

0:14:47.320 --> 0:14:50.320
<v Speaker 2>Okay, So that sentence is the most damning of this

0:14:50.440 --> 0:14:50.960
<v Speaker 2>whole thing.

0:14:51.600 --> 0:14:55.160
<v Speaker 1>Becaustically saying, my mom spent that last fifty thousand dollars

0:14:55.240 --> 0:14:57.680
<v Speaker 1>on this condo in Louisiana.

0:14:56.960 --> 0:14:59.840
<v Speaker 2>And if history is any indicator, what does that inf

0:15:00.120 --> 0:15:02.080
<v Speaker 2>for about the rest of the money. She probably spent

0:15:02.160 --> 0:15:03.880
<v Speaker 2>the rest of the money too, Yes, she spent the

0:15:03.960 --> 0:15:06.360
<v Speaker 2>last of it. So can you figure out why the

0:15:06.360 --> 0:15:09.040
<v Speaker 2>hell Elkin is suing doctor Forst King for this, not

0:15:09.160 --> 0:15:12.240
<v Speaker 2>his mother. Why are you assuing Doctor Forrest King? When

0:15:12.240 --> 0:15:13.880
<v Speaker 2>Peggy went out of her way to try to get

0:15:13.880 --> 0:15:16.880
<v Speaker 2>that money for herself, could not get that money for herself.

0:15:17.080 --> 0:15:20.000
<v Speaker 2>Instead got the money deposited into account that her and

0:15:20.000 --> 0:15:22.520
<v Speaker 2>doctor Force King held in trust for Elkin when he

0:15:22.520 --> 0:15:25.760
<v Speaker 2>turned eighteen. Nobody told Elkin about the account. I suspect

0:15:25.760 --> 0:15:28.040
<v Speaker 2>because by the time Elkin turned of age, there was

0:15:28.040 --> 0:15:28.760
<v Speaker 2>no money left.

0:15:29.320 --> 0:15:32.400
<v Speaker 1>Elkin testified in a deposition that he first learned about

0:15:32.440 --> 0:15:35.760
<v Speaker 1>the settlement funds in twenty seventeen from his maternal grandfather.

0:15:36.360 --> 0:15:39.040
<v Speaker 1>Elkin also testified that he would have taken control of

0:15:39.040 --> 0:15:41.760
<v Speaker 1>the settlement funds had he known about them when he

0:15:41.840 --> 0:15:42.360
<v Speaker 1>was eighteen.

0:15:42.800 --> 0:15:45.800
<v Speaker 2>That's a gaping chasm of a whole in Elkin's story

0:15:46.120 --> 0:15:49.080
<v Speaker 2>and in Peggy's story. So Peggy didn't even tell him

0:15:49.080 --> 0:15:50.360
<v Speaker 2>about the account. She's his mother.

0:15:50.480 --> 0:15:53.000
<v Speaker 1>Yeah, I would, I would have taken I would have

0:15:53.000 --> 0:15:54.880
<v Speaker 1>taken control of the account when I was eighteen had

0:15:54.880 --> 0:15:56.920
<v Speaker 1>I known about it, although my mother spent the last

0:15:56.960 --> 0:15:58.320
<v Speaker 1>fifty thousand dollars.

0:15:58.000 --> 0:16:00.480
<v Speaker 2>Of it, and I think she's either in prison or

0:16:00.520 --> 0:16:02.480
<v Speaker 2>about to go to prison at this point, so maybe

0:16:02.480 --> 0:16:04.640
<v Speaker 2>he didn't want to bother her with this. Mom. I

0:16:04.640 --> 0:16:06.960
<v Speaker 2>know you're going to prison, but why didn't you tell

0:16:06.960 --> 0:16:08.320
<v Speaker 2>me about the two hundred grand I should have got

0:16:08.360 --> 0:16:11.320
<v Speaker 2>when I was eighteen? And keep in mind that account

0:16:11.400 --> 0:16:14.720
<v Speaker 2>had both Peggy's name and the name of Peggy's third husband,

0:16:14.800 --> 0:16:17.560
<v Speaker 2>doctor Forst King, who was Elkin's stepfather.

0:16:17.840 --> 0:16:21.840
<v Speaker 1>It does seem like a money grab here. Ah Forrest meanwhile,

0:16:21.880 --> 0:16:25.120
<v Speaker 1>testified in a deposition that he informed Elkin about the

0:16:25.120 --> 0:16:28.200
<v Speaker 1>existence of the settlement funds when Elkin was around seventeen

0:16:28.280 --> 0:16:30.120
<v Speaker 1>or eighteen years old. So it's like he said, she.

0:16:30.120 --> 0:16:32.440
<v Speaker 2>Said, kind of thing he said he said, and I

0:16:32.440 --> 0:16:34.600
<v Speaker 2>believe he said. Yeah. Well, because we have a well

0:16:34.640 --> 0:16:39.160
<v Speaker 2>documented history of Elkin lying to Dennis Rodman pretending to

0:16:39.160 --> 0:16:42.600
<v Speaker 2>be Peggy's brother for literally years. Yeah, I don't believe anything,

0:16:42.600 --> 0:16:45.320
<v Speaker 2>Elkin says. I believe doctor Forest King, who was a

0:16:45.400 --> 0:16:47.840
<v Speaker 2>doctor who has never been accused of any fraud or

0:16:47.880 --> 0:16:51.920
<v Speaker 2>crime or lie, who built a successful life, a successful practice,

0:16:52.320 --> 0:16:55.640
<v Speaker 2>a management company, started a sports management company that Peggy

0:16:55.680 --> 0:16:57.880
<v Speaker 2>took over. I believe doctor Forest King. Here.

0:16:58.200 --> 0:17:01.600
<v Speaker 1>On November thirty, twenty eighteen, Elkin sued Forest in the

0:17:01.600 --> 0:17:05.479
<v Speaker 1>Middle District of Florida. In his amended complaint, Elkin alleged

0:17:05.520 --> 0:17:09.000
<v Speaker 1>that Forrest converted Elkin's settlement funds, and that Forrest breached

0:17:09.040 --> 0:17:12.320
<v Speaker 1>fiduciary duties to Elkin under Georgia law because he won,

0:17:12.800 --> 0:17:15.360
<v Speaker 1>failed to disclose and concealed the fact of the settlement,

0:17:15.400 --> 0:17:18.440
<v Speaker 1>and two failed and refused to account for the settlement

0:17:18.480 --> 0:17:21.320
<v Speaker 1>fund proceeds or to pay the proceeds to Elkin.

0:17:21.720 --> 0:17:24.560
<v Speaker 2>Elkin is accusing Forest of stealing the money when he

0:17:24.560 --> 0:17:28.760
<v Speaker 2>says converted. In Georgia law, when you lawfully obtain another

0:17:28.800 --> 0:17:31.960
<v Speaker 2>person's money or property and then unlawfully converted to your own,

0:17:32.440 --> 0:17:35.760
<v Speaker 2>theft by conversion is applicable. So when he said he

0:17:35.840 --> 0:17:40.000
<v Speaker 2>converted it, he's accusing doctor Forest King of stealing the money.

0:17:40.200 --> 0:17:43.520
<v Speaker 2>Which keep in mind here, doctor Forest King is a

0:17:43.600 --> 0:17:47.520
<v Speaker 2>rich man. He lives in a baller mansion in the

0:17:47.560 --> 0:17:50.680
<v Speaker 2>neighborhood where Whitney, Houston and Usher lived, you know, outside

0:17:50.680 --> 0:17:54.480
<v Speaker 2>of Atlanta. And he's a doctor. He started his medical

0:17:54.520 --> 0:17:57.479
<v Speaker 2>management company, he started a sports management company that eventually

0:17:57.520 --> 0:17:59.240
<v Speaker 2>get to Peggy. He really did make a lot of

0:17:59.240 --> 0:18:01.359
<v Speaker 2>money in Wall Street. He really was a doctor. He

0:18:01.359 --> 0:18:03.639
<v Speaker 2>didn't pretend to be a doctor like she pretended to

0:18:03.640 --> 0:18:07.480
<v Speaker 2>be a lawyer. He was a successful, good man. He's

0:18:07.480 --> 0:18:09.560
<v Speaker 2>got a lot of money. He doesn't need to be

0:18:09.600 --> 0:18:12.800
<v Speaker 2>stealing or swindling Outkin out of anything, nor do I

0:18:12.800 --> 0:18:16.840
<v Speaker 2>think he would. But this lawsuit's claiming he stole that money,

0:18:16.840 --> 0:18:17.920
<v Speaker 2>which I don't believe he did.

0:18:19.920 --> 0:18:23.560
<v Speaker 1>And like, let's say, in a world where you're wrong, right,

0:18:23.680 --> 0:18:26.240
<v Speaker 1>like he did, but so did his mother, So like that,

0:18:26.520 --> 0:18:27.920
<v Speaker 1>like that's the anomaly of this.

0:18:28.480 --> 0:18:30.119
<v Speaker 2>I agree if you want to give the benefit of

0:18:30.119 --> 0:18:32.400
<v Speaker 2>the doubt to Peggy, though I don't imagine anyone should

0:18:32.480 --> 0:18:35.159
<v Speaker 2>or could or would. Maybe they both stole it, but

0:18:35.480 --> 0:18:38.600
<v Speaker 2>what's more likely it's a convicted con woman sitting in

0:18:38.640 --> 0:18:41.480
<v Speaker 2>prison stole the many yes, or this doctor who's never

0:18:41.520 --> 0:18:42.480
<v Speaker 2>done a bad thing in his.

0:18:42.359 --> 0:18:44.960
<v Speaker 1>Life, and the fact that he's not mentioning her.

0:18:45.119 --> 0:18:49.480
<v Speaker 2>We need a judge dread type society where people aren't

0:18:49.520 --> 0:18:53.320
<v Speaker 2>allowed to pursue this bullshit judge, jury and executioners. Yes,

0:18:53.640 --> 0:18:56.359
<v Speaker 2>you have three intelligent people saying, you know what, Elkin,

0:18:56.640 --> 0:18:59.840
<v Speaker 2>this doesn't make any fucking sense. Your mom's a convicted conwoman.

0:19:00.160 --> 0:19:01.959
<v Speaker 2>You're saying she spent some of the money, and now

0:19:01.960 --> 0:19:08.080
<v Speaker 2>you want to hold doctor Forrest King responsible. No, no, no, dismissed. Yeah. Yeah,

0:19:08.119 --> 0:19:11.600
<v Speaker 2>we need a judge dread society because these frivolous lawsuits

0:19:11.640 --> 0:19:14.520
<v Speaker 2>are clogging up the system and harming innocent people like

0:19:14.560 --> 0:19:17.240
<v Speaker 2>doctor Forest King. Another thing I want to point out

0:19:17.280 --> 0:19:21.080
<v Speaker 2>here is that doctor Force King was actually a loving

0:19:21.160 --> 0:19:23.720
<v Speaker 2>stepfather to Elkin when he was growing up.

0:19:24.040 --> 0:19:27.679
<v Speaker 3>Doctor King was extremely nice and very kind.

0:19:28.240 --> 0:19:31.840
<v Speaker 2>Showrunner Andrina Hale again, who got to know doctor Forest

0:19:31.920 --> 0:19:35.800
<v Speaker 2>King and Elkin very well while producing American Gangster Trap

0:19:35.880 --> 0:19:38.680
<v Speaker 2>Queens That be Et documentary about Peggy.

0:19:39.000 --> 0:19:41.200
<v Speaker 3>Doctor King would not steal money from Elkin.

0:19:41.280 --> 0:19:43.919
<v Speaker 2>I don't know what happened to the money, but well,

0:19:43.960 --> 0:19:45.639
<v Speaker 2>I mean, if you had to guess what happened to.

0:19:45.640 --> 0:19:49.359
<v Speaker 3>The money, this is true, but to blame it on

0:19:49.440 --> 0:19:54.719
<v Speaker 3>doctor King, it's just like, yeah, I can't believe it.

0:19:54.760 --> 0:19:56.920
<v Speaker 3>And he's like, I feel like, you know, he suffered

0:19:56.920 --> 0:20:00.800
<v Speaker 3>that relationship with doctor King because you know, doctor Forest

0:20:00.800 --> 0:20:03.760
<v Speaker 3>felt like he had helped to raise Elkin and that

0:20:03.880 --> 0:20:06.400
<v Speaker 3>treated him as his own son. Alkin even talks about

0:20:06.400 --> 0:20:10.040
<v Speaker 3>when Alcoln was playing like bough like football in college,

0:20:10.880 --> 0:20:14.800
<v Speaker 3>doctor Forest would fly from Florida to the West Coast

0:20:14.840 --> 0:20:18.560
<v Speaker 3>where whatever school Elkin was in, and he would like

0:20:18.720 --> 0:20:21.240
<v Speaker 3>watch him play, like he'd be there for his games.

0:20:21.520 --> 0:20:22.600
<v Speaker 3>So you're going to sue him.

0:20:22.680 --> 0:20:26.880
<v Speaker 2>The official phrasing is breach of fiduciary relationship. He's accusing

0:20:26.920 --> 0:20:30.040
<v Speaker 2>of not telling him about the money, which doctor King says,

0:20:30.040 --> 0:20:31.720
<v Speaker 2>that's not true. I did tell him when he was seventeen,

0:20:31.880 --> 0:20:34.040
<v Speaker 2>and of course he did tell him. Doctor King's not

0:20:34.080 --> 0:20:36.720
<v Speaker 2>a scammer. No, you start a hard working doctor who

0:20:36.720 --> 0:20:40.520
<v Speaker 2>can make tons of money doing anything exactly. So, I mean,

0:20:40.520 --> 0:20:41.280
<v Speaker 2>that's unfortunate.

0:20:41.400 --> 0:20:42.640
<v Speaker 3>It's a very crazy family.

0:20:43.320 --> 0:20:47.440
<v Speaker 2>Back to my conversation with Evan following discovery, reading from

0:20:47.480 --> 0:20:51.000
<v Speaker 2>one of the many legal filings chronicling Elkin's quest to

0:20:51.200 --> 0:20:54.200
<v Speaker 2>sue his stepfather, doctor Forest King.

0:20:54.280 --> 0:20:57.920
<v Speaker 1>Forrest moved for summary judgment on October fourteen, twenty nineteen,

0:20:58.240 --> 0:21:01.560
<v Speaker 1>on both his statute of limitations to and on the merits.

0:21:01.600 --> 0:21:04.280
<v Speaker 1>In turn, Elkin moved for partial summary judgment on his

0:21:04.359 --> 0:21:06.680
<v Speaker 1>claims on March thirty, twenty twenty.

0:21:06.880 --> 0:21:10.159
<v Speaker 2>And what happens next in this crazy court case I

0:21:10.240 --> 0:21:22.159
<v Speaker 2>could have never predicted After the break, Welcome back to

0:21:22.280 --> 0:21:25.480
<v Speaker 2>Queen of the con My buddy Evan is reading from

0:21:25.600 --> 0:21:29.160
<v Speaker 2>the latest round of court filings in Elkins's attempts to

0:21:29.320 --> 0:21:31.840
<v Speaker 2>sue his stepfather, doctor Forrest King.

0:21:32.320 --> 0:21:36.040
<v Speaker 1>On August twenty four, twenty twenty, the District Court granted

0:21:36.040 --> 0:21:39.240
<v Speaker 1>summary judgment for Forrest with respect to Elkins's failure to

0:21:39.280 --> 0:21:43.119
<v Speaker 1>disclosed claim. We certified the following three questions to the

0:21:43.119 --> 0:21:44.440
<v Speaker 1>Supreme Court of Georgia.

0:21:44.840 --> 0:21:46.760
<v Speaker 2>It baffles me how Peggy doesn't come up in any

0:21:46.800 --> 0:21:49.840
<v Speaker 2>of these questions. No, because she's the mother. Her name's

0:21:49.840 --> 0:21:51.680
<v Speaker 2>on the account. He almos on the track.

0:21:52.200 --> 0:21:54.199
<v Speaker 1>Yeah, he's going pretty hard after this guy. He's just

0:21:54.240 --> 0:21:56.120
<v Speaker 1>like you know now on an appeal. This is twenty

0:21:56.200 --> 0:21:59.600
<v Speaker 1>twenty three, Like he wants he wants this to happen.

0:21:59.600 --> 0:22:02.600
<v Speaker 1>He wants money from Forest King, Forest King, you know,

0:22:02.720 --> 0:22:04.600
<v Speaker 1>sounds like he's got a lot of money. If the

0:22:04.680 --> 0:22:08.520
<v Speaker 1>adult fiduciary does have an obligation to disclose to the

0:22:08.520 --> 0:22:12.480
<v Speaker 1>minor beneficiary directly without a written agreement, when must the

0:22:12.520 --> 0:22:17.239
<v Speaker 1>adult fiduciary disclose or redisclose to the minor beneficiary? This

0:22:17.320 --> 0:22:19.400
<v Speaker 1>is just enthralling sentence structure.

0:22:19.400 --> 0:22:23.280
<v Speaker 2>It is. But earlier it was admitted that doctor Forrest

0:22:23.359 --> 0:22:26.720
<v Speaker 2>King told Elkin about it when he was seventeen or so,

0:22:26.720 --> 0:22:30.840
<v Speaker 2>So that's disclosing. What else you remember when you were

0:22:30.880 --> 0:22:33.600
<v Speaker 2>seventeen if someone told you, hey, there's an account with

0:22:33.600 --> 0:22:35.920
<v Speaker 2>two hundred thousand dollars for you, Are you gonna forget that?

0:22:36.080 --> 0:22:39.720
<v Speaker 2>No way, I will definitely take it exactly. So someone's lying,

0:22:40.400 --> 0:22:41.879
<v Speaker 2>and I think it could be. And then if he

0:22:41.960 --> 0:22:44.280
<v Speaker 2>only a doctor or Elkin, and then if.

0:22:44.200 --> 0:22:48.400
<v Speaker 1>He only found out, like what recently that his mom

0:22:48.440 --> 0:22:54.280
<v Speaker 1>spent the last fifty thousand in that account, Like we're like.

0:22:53.160 --> 0:22:53.800
<v Speaker 2>Like, when was that?

0:22:53.960 --> 0:22:54.159
<v Speaker 3>You know?

0:22:54.480 --> 0:22:55.120
<v Speaker 2>Yeah?

0:22:55.200 --> 0:22:57.720
<v Speaker 1>The only claim left for us to resolve is whether

0:22:57.760 --> 0:23:01.080
<v Speaker 1>the district court aired when it granted force rejudgment on

0:23:01.160 --> 0:23:04.080
<v Speaker 1>Elkin's breach of duty for failure to disclose claim.

0:23:05.440 --> 0:23:07.920
<v Speaker 2>I'm not surprised they're ruled in favor of doctor Force King.

0:23:09.560 --> 0:23:11.879
<v Speaker 2>I am not surprised that Elkin tried and tried and

0:23:11.920 --> 0:23:14.880
<v Speaker 2>tried and tried to squeeze him and shake him down

0:23:14.920 --> 0:23:16.800
<v Speaker 2>for money with this bullshit claim.

0:23:16.920 --> 0:23:19.560
<v Speaker 1>Well it sounds like he's he's appealing it, and you know,

0:23:19.600 --> 0:23:21.439
<v Speaker 1>he's trying to hit it from different angles. You know,

0:23:21.480 --> 0:23:23.760
<v Speaker 1>it's like, Okay, that didn't work. Let's just keep throwing

0:23:23.760 --> 0:23:24.320
<v Speaker 1>shit at the wall.

0:23:24.359 --> 0:23:27.679
<v Speaker 2>Exactly. But it's puzzling why he would include in this

0:23:27.800 --> 0:23:30.000
<v Speaker 2>lawsuit that, oh, by the way, my mom spent the

0:23:30.080 --> 0:23:32.400
<v Speaker 2>last fifty thousand in the account, but I'm holding doctor

0:23:32.400 --> 0:23:33.359
<v Speaker 2>Force King responsible.

0:23:33.440 --> 0:23:38.040
<v Speaker 1>That's the giant mystery of this whole thing, this whole lawsuit.

0:23:38.080 --> 0:23:41.000
<v Speaker 1>It's just there's a just basic discrepancy there. It's like

0:23:41.040 --> 0:23:42.840
<v Speaker 1>you hold this guy accountable, but not your mom. Where

0:23:42.880 --> 0:23:46.480
<v Speaker 1>you're saying, oh, she spent like a considerable amount of

0:23:46.520 --> 0:23:49.160
<v Speaker 1>the two hundred thousand dollars, what a quarter of it?

0:23:49.280 --> 0:23:52.639
<v Speaker 2>You know. In the end, after the courts first ruled

0:23:52.680 --> 0:23:56.560
<v Speaker 2>in favor of doctor Forest King, they reversed their decision

0:23:56.680 --> 0:24:01.280
<v Speaker 2>in part and ruled in favor of Elkin. Then suddenly,

0:24:01.760 --> 0:24:05.600
<v Speaker 2>one month later, in June of twenty twenty three, Elkin's

0:24:05.640 --> 0:24:11.120
<v Speaker 2>attorney files emotion to withdraw from being Elkin's attorney. Then,

0:24:11.400 --> 0:24:15.199
<v Speaker 2>in August of twenty twenty three, doctor force King and

0:24:15.320 --> 0:24:20.199
<v Speaker 2>Elkin file emotion to dismiss the case entirely, which a

0:24:20.320 --> 0:24:26.360
<v Speaker 2>judge granted. So it's over now. Maybe doctor force King

0:24:26.600 --> 0:24:30.760
<v Speaker 2>paid Elkin off, or maybe Elkin came to his senses

0:24:30.840 --> 0:24:35.760
<v Speaker 2>and changed his mind about suing his stepfather. Or maybe Peggy,

0:24:36.040 --> 0:24:38.639
<v Speaker 2>who was released from prison a few months before this

0:24:38.760 --> 0:24:41.560
<v Speaker 2>case was dismissed, had something to do with it too.

0:24:42.119 --> 0:24:44.480
<v Speaker 1>I don't know what to believe, but you can't say

0:24:44.480 --> 0:24:48.240
<v Speaker 1>with certainty, but it's definitely an interesting theory that would

0:24:48.280 --> 0:24:51.480
<v Speaker 1>add a lot more kind of another layer of the

0:24:51.520 --> 0:24:53.600
<v Speaker 1>onion on that whole scenario for sure.

0:24:54.880 --> 0:24:57.879
<v Speaker 2>Thank you for listening to season five a Queen of

0:24:57.960 --> 0:25:00.800
<v Speaker 2>the Con. If you're new to the pot, we have

0:25:00.960 --> 0:25:04.160
<v Speaker 2>four previous seasons out now that you can binge, each

0:25:04.320 --> 0:25:07.879
<v Speaker 2>about a different crazy but clever con woman and the

0:25:08.160 --> 0:25:11.040
<v Speaker 2>unbelievable scheme they employ to trick people out of a

0:25:11.080 --> 0:25:13.600
<v Speaker 2>lot of money. If you're enjoying Queen of the Con,

0:25:13.760 --> 0:25:17.080
<v Speaker 2>leave us a five star review reviews, help other listeners

0:25:17.119 --> 0:25:20.040
<v Speaker 2>find us, and by all means click that share button

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<v Speaker 2>and send Queen of the Con to anyone you think

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<v Speaker 2>might be into us. Queen of the Con The Athlete

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<v Speaker 2>Whisper is a production of AYR Media and iHeartMedia, hosted

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<v Speaker 2>by Me Jonathan Walton, Executive producers Jonathan Walton for Jonathan

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<v Speaker 2>Walton Productions and Elisa Rosen for AYR Media. Consulting producer

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<v Speaker 2>Evan Goldstein consulting producer Trace Shean. Written by Jonathan Walton,

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<v Speaker 2>Sound design by Justin Longerbean, edited and mixed by Justin

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<v Speaker 2>Longerbean Audio engineer Justin Longerbean audio engineer Chris Desmond, studio

0:25:58.280 --> 0:26:04.480
<v Speaker 2>engineer Graham Gibson. Mastered by Justin Longerbeine Legal counsel for

0:26:04.560 --> 0:26:09.240
<v Speaker 2>a y R Media, Gianni Douglas, Executive producer for iHeartMedia,

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<v Speaker 2>Maya Howard