[Address Redacted], Co. Galway
[Phone Number Redacted]
[Mobile Number Redacted]
July 18, 2011
Mr. Damian Brass
Jaggers and Brass Solicitors
RE: The Late Dolores Maxwell
YOUR REF: [Redacted]
Many thanks for the swift response on July 11 to my letter of July 8. The replies that were clear and straightforward were indeed helpful to me.
It is not my desire to have my mother's estate billed for your time spent on my behalf outside the administration of her estate. Please rather let me bear the cost, leaving the other beneficiaries with the measure of Mom's residual estate they are entitled to. As I've said numerous times since our meeting in Wexford Hospital in November 2010, I am glad to bear the cost.
So, with that in mind, I am seeking clarification on a number of items you addressed in your letter. The fault is probably my own, but several of your responses were not clear to me or raised other issues I seek a clear understanding of.
Thanks for writing to Mr and Mrs Taxi–Driver.
• 1) Please inform me of what they say regarding their witnessing of the current will
Page 2 of 7
You answered my query concerning Jaggers and Brass' representation of Ethan as follows: “Jaggers and Brass is and continues to represent Ethan in his capacity as one of the Executors of your mother's will.” Forgive me, but I don't know what this is actually saying. On face value it seems Jaggers and Brass is representing him in his capacity as Executor and also in additional aspects.
• 2) Is Jaggers and Brass representing Ethan Maxwell in any capacity other than as Executor of Dolores Maxwell's estate?
• 3) Is Jaggers and Brass shielding or protecting Ethan Maxwell from possible prosecution or other legal action?
• 4) Or, does Jaggers and Brass consider itself obligated by ethical or other concerns to shield or protect Ethan Maxwell from prosecution or other legal action?
I expect Mom's phone records that I requested from Eircom have arrived by now.
• 5) Are they in your possession? Have you decided whether you will forward them to me?
About the phone records, and our conversation about them on June 24, I wrote:
“It is my understanding that it is the Executors' duty and responsibility to seek and protect all assets of the deceased's estate. If you deem these phone records to be ‘assets’ of my mother's estate, please explain why you flatly refused my request seeking these ‘assets’ in our recent phone conversation.”
This question obviously was not clear. I'll try to ask it in a more precise way:
• 6) If you deem these phone records to be “assets” of my mother's estate, please explain why you flatly refused to seek these or any other similar "assets" from the phone companies involved during our conversation of June 24?
Damian, I desire the records I requested from Eircom for the simple cause of bringing Ethan to account for the many horrible crimes he has committed against Mom. It is proven that Ethan Maxwell controlled and used Mom's phones to threaten others and both control and isolate her.
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I believe these records would show much more. For example, among the many proven lies he made to the HSE, HSE Elder Abuse, and Wexford Community Services (to name but a few), were lies about Mom's whereabouts on particular dates. These phone records may very well reveal other lies and actions by him against Mom.
I remind you that he took control of Mom's phone account, changed her phone number and then cut off her phone (along with the electricity, water, heat, alarm, etc.) prior to and as she lay in Wexford General Hospital. There is absolutely no question of that.
I also remind you that during our conversation of June 24, after refusing to seek these records yourself, you stated that you had no problem with anyone else seeking them, and no problem as Executor giving that person full authority to do so. You were very clear, and made no qualifications to your statements to me whatsoever. There is absolutely no question of that.
Damian, for my mother's sake:
• 7) Please forward to me those records Eircom sent at my behest. Please provide me with the necessary authority to seek her other phone records. Once again, I am glad to bear the cost of doing so.
Concerning the letter to Conor dated 13 September, 2010: I was surprised to no small degree that you said it was issued by Jaggers and Brass. You can probably understand my surprise, given the misspelling, tortured grammar, punctuation mistakes, threatening tone, and lack of a legible signature or name attached to the author. There are several other things to differentiate it from all of Jaggers and Brass' other correspondence I have received or had sight of, and I had pretty well convinced myself Jaggers and Brass would never have written it.
• 8) Please identify whose signature is on the letter
• 9) Please inform me who wrote the letter
• 10) Please provide me a copy of the instructions you received concerning issuing this letter
Thank you for the invitation to view the contents of Mom's bag at your office. I plan to be in Dublin, hopefully before the end of July, and will call your office beforehand to arrange to see it.
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Concerning Mom and Dad's financial records, once again my sole purpose is to bring Ethan Maxwell to account for his crimes against my mother. And Damian, once again, I remind you that several times you stated that if I wanted these records, you would facilitate me when the Grant of Probate was issued. You also stated you and Langdon would have no problem as Executors granting me the authority to do so on my own.
The Grant of Probate having been issued, you stated to me on June 24 that the accounts would have to be closed before seeking the records. I became greatly concerned and saddened when I learned from the legal departments of the financial institutions in question that this wasn't so. I think you can understand my reaction. Not only was your statement inaccurate, but flew in the face of every other statement you ever made to me concerning these financial records up to that point. It hurt to have to come to terms with that.
I took your previous statements at face value. They were made to me with no qualifications attached. I noted no insincerity in you when you made them to me.
In your answer to my query you state: “I am concerned that the resultant cost and expense could be considerable and the estate would ultimately have to be liable for this.”
I appreciate your concern, and acknowledge your careful and practical efforts concerning my mother's estate. I share your concern. If you recall, not only did I bring to your attention the existence of the “non-existent” safe deposit box, but also had Mom's credit card and ATM card frozen before either you or Geoffrey Blair were able to do so.
Under Section 4 of the Data Protection Acts, you will be furnished with all of Mom and Dad's records for a maximum charge of €6.35 per institution.
I have expressed my willingness to bear the cost of obtaining these records numerous times. Looking through my notes, however, I cannot find direct evidence of this. So let me state clearly: I do not want my mother's estate to be decreased by so much as a cent, and will gladly bear the costs of obtaining these records. If any money wrongfully obtained from my parents is returned to the estate, it should be distributed to the residual beneficiaries.
I remind you also that you stated to me that the Executors would give me authority to seek these records myself. This would involve no cost to Jaggers and Brass, other than issuing the document(s) of authority themselves, a cost I am happy to bear.
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• 11) Given that there will be no cost to Mom's estate, and that her estate may very well be increased; will you seek her past financial records?
• 12) Will you provide me with the necessary authority to seek these records myself?
In your reply you also say: “In the first instance, it may be appropriate for the Executors to forward copies of your correspondence to your siblings....” Believe me; I have considered doing that myself. As far as you doing it, I would have thought that privilege would be in effect with all my correspondence to you. I think that it must not be in this case, given your statement and the fact that you have let me have some sight of my siblings’ communications to you. Therefore:
• 13) Please provide me with copies of all correspondence to Jaggers and Brass from all of the beneficiaries, including Ethan Maxwell.
Thank you very much for the letters purportedly sent to you from Mom dated May 18, 2009 and June 22, 2010. I note the letter from June does not have a signature on it.
• 14) Please tell me what the standing of this letter of June 22, 2010 is, given there is no signature
• 15) If this was received by Beauchamps through an email, please provide a copy of the email, including the complete header
I have mentioned previously that Ethan Maxwell was using Mom's credit card while she lay dying in Wexford. I enclose one of Mom's credit card statements and a receipt to show this is true. Ethan Maxwell ordered a mailbox from the UK on September 27, 2010. Mom's account was charged €138.18. He had it shipped to himself at Ronan Maxwell's address. You recall of course that Mom was in the CCU of Wexford General at that time, having been admitted the previous day.
• 16) Will you seek to recover these funds from Ethan Maxwell for the benefit of the residual beneficiaries? If not, please explain how that serves the beneficiaries.
• 17) Will you seek to uncover other unauthorized use of Mom's credit card? If not, please explain how that serves the beneficiaries.
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• 18) Will you seek prosecution against Ethan Maxwell for unauthorized use of your client's credit card? If not, please explain why not.
I also have a question concerning the purchase of the Finglas house for Ethan Maxwell by my parents in 2005. Of course, Jaggers and Brass represented both Ethan Maxwell and my parents at the same time, and have stated they sought outside counsel to be clear that this was acceptable. It is my understanding that you would be required to give Mom and Dad the opportunity to avail of independent counsel. And, that if they chose not to, you would provide a form for them to sign stating in effect that they were offered the choice of using independent counsel and chose not to.
• 19) Will you provide me with a copy of this signed form?
Damian, I know you must deal with many estates much larger than Mom's where the administration is much easier. I don't underestimate the difficulty and frustration you've had trying to move things forward in what should have been a very simple and straightforward process.
If the Maxwell family had just the normal amount of dysfunction, I'm sure it would have been simple and easy for you to administer Mom's estate. However, if that were the case, I believe Mom would still be in Rosslare enjoying her gardening and having cups of tea with her children and grandchildren.
In your reply concerning seeking the financial records, you state: “I would have thought the question is whether the Executors have a legal obligation to do so.” Under Irish law, (unlike most other Western countries) if I suspect or know that my neighbour is abusing his children and beating up his father, I'm under no legal obligation to do a damn thing about it. I damn well would do something about it because of my moral obligation, whether or not they were strangers to me. I have done so in the past, and would do so today. I have never regretted making those choices. I never want to know what it feels like to hide behind what's merely required, and giving myself an excuse to avoid doing what's right when someone is suffering, or their life is in danger.
Page 7 of 7
Mom was not Ethan's first victim. There were victims in the past that are well documented and there is at least one person he is victimizing now that I know of. There will be others, no doubt, if he is not held to account by the proper authorities. It is his nature.
Damian, I'm really sorry if I'm adding to your frustration by asking these questions. I firmly believe my mother was murdered by Ethan Maxwell and so I cannot do otherwise. I believe I know how; I certainly know why. I may even have receipts for the items he used to do it.
I'll leave you with a quote from my sister Sophie concerning Ethan Maxwell and Mom:
“Her poor face, Jesus! He smashed her whole face! And her nose was, you see all the scars on her nose, and it got all infected and reset. We tried to insist he get help, but he said he wouldn't do it again…”
As always, if I can help you in anyway, I am willing and eager.
I request a response to my bulleted questions by July 27.
Via registered post