think she had testamentary capacity. Smith also told King that he believed Susan was under duress and undue influence by Vassallo. King told Smith that Susan was scheduled to meet with him that day and that he had met with her before. King also told Smith that Susan did not disclose her brain cancer to him and acknowledged that Susan acted strangely and was somewhat unresponsive to questions. Smith said King told him that Susan also failed to disclose her brain cancer to him at the second meeting. Smith believed that after his conversation with King, that Vassallo had coached Susan not to disclose her medical condition in the hope that he could find a lawyer to change her estate plan.
On 11/07/14, Smith said at about 1400 hours, John and Susan arrived at his office. He said Susan was in visibly worse physical condition than she had been only 3 weeks before. Smith stated that he told Susan that he was concerned about her, and the fact that she had not responded to the e-mails and voice mails that he sent. Smith said Susan was silent and he told her that he had heard she had gone to visit another attorney and he asked her why. After a lengthy silence, Susan said she did not feel like Smith was acting in her best interests. Smith asked her if that was something Vassallo had been saying and she said "Yes." Smith asked Susan if she was feeling that way because he had sent an email to her recommending that she be examined by a physician so that they can prove whether she has testamentary capacity. She answered "Yes." Smith said he asked Susan if she remembered leaving him a voice mail on October 3rd and she said "No." Smith told her that she had left him a voice message and he repeated it to her. Smith stated that Susan...
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... concerned. Her concern was why a person would start dating a terminally ill person unless they "want" something.
Mary stated that her observation of Susan 's relationship with Vassallo was inconsistent. They did spend time together, but often there would be frequent, sustained gaps where she did not see Vassallo. However, as Susan became increasingly impacted with cancer, Vassallo “reappeared with a surge”. Mary stated that there were many reasons to believe that Vassallo was not Susan 's "significant other" and was preying on Susan 's vulnerability with late-stage cancer and wanted to obtain as much of Susan 's wealth as possible. One particular reason was that until October 2014, to Mary’s knowledge, Vassallo never attended Susan 's doctor 's appointments or met her doctors. Mary believed that a significant other would be at every doctor 's appointment.
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