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To: mec@rc-law.com
Sent: Wednesday, May 29, 2002 11:20 PM
Subject: I will wager Mr Frederickson did not show you my note to him
Maryanne Frangules has an exact copy of what I gave to the press the Attorney General and the
FBI etc May I suggest that Mr. Marshall, Mr. Frederickson, and Mr. Crane take a refresher
course in ethics before they renew their licenses.
SS.
NO. 97 P 0288-E2
JEAN F. OMEARA, as she is )
a beneficiary under the will of )
Lawrence F. Kickham )
)
v. )
)
CHARLES J. KICKHAM Jr., as he is )
executor of the will of )
Lawrence F. Kickham )
before, during and after those two days must be the same.
9. The plaintiff further states that William J. Kickham was not an interested party in this matter.
10. The plaintiff further states that William J. Kickham received three times the amount of
disbursements from the executor, Charles J. Kickham Jr. than any other interested party
in the estate
of Lawrence F. Kickham.
11. The plaintiff further states that Charles J. Kickham Jr. in his inventory as executor of
the said
estate declared that Smith Barney acct. # 353-43875-13 752 was an asset of the estate of
Lawrence
F. Kickham. However in the final account of Charles J. Kickham Jr. as executor of said
estate he
disburses the Smith Barney acct. to William J. Kickham. Please view attachments.
12. The plaintiff further states that there are many valid reasons to question the relationship
between
Charles J. Kickham Jr. and his cousin, and her Uncle William J. Kickham in the estates
of her Aunt
Elaine and Uncle Lawrence. The plaintiff demands that the account of the executor
Charles J.
Kickham Jr. be reviewed and that she suspects the entire Smith Barney Account and
possibly others
belonged to her Uncle Lawrence. The plaintiff believes that it was only in both Uncle
Williams and
her Uncle Lawrences names as a matter of convenience for Uncle Lawrence in his last
years. She
believes that Uncle William stole most of the assets from that account but failed to close
it and erase
its existence before Charles J. Kickham Jr. inventoried the said account. In support
thereof please
view the attachment showing a check she received at Christmastime from her Uncle
Francis. The
plaintiff believes that William J. Kickham will practice the same crimes with Uncle
Franciss affairs
as well. What worked twice should work three times.
13. The plaintiff further states that under the General Laws Of Massachusetts:
Chapter 260: Section 12. Fraudulent concealment; commencement of limitations.
"If a person liable to a personal action fraudulently conceals the cause of such action
from the
knowledge of the person entitled to bring it, the period prior to the discovery of his
cause of action by
the person so entitled shall be excluded in determining the time limited for the
commencement of the
action." The plaintiff has every right to ask that the decree of judgement be revoked.
She only
became aware of the fraud of Charles J. Kickham in December of 2001 when her
husband examined
these matters at her request.
14. The plaintiff further states that General Laws Of Massachusetts Chapter 206: Section 24
there is
a case that set a precedent that may apply, Quote:
Withington v. Fidelity & Casualty Co. (1921) 237 Mass 73, 129 NE 418
"The assent of a beneficiary to the allowance of her trustees accounts does not exonerate
the trustee if the accounts were false, particularly where the beneficiary was a woman without
business knowledge or experience, of advanced years, and naturally confiding in the trustee,
who was the attorney for her family." And "On settlement of a trustees final account, his
earlier accounts may be opened, under this section, so as to correct a mistake or error therein.
And the probate court has power to revoke its decrees allowing the accounts of a trustee if its
approval thereto was induced by fraud practiced on the court."
The plaintiff is a woman without knowledge or experience of these matters and the law. She
did trust the executor, Charles J. Kickham who is an attorney and family member.
15. The plaintiff further states that this complaint is substantial, not frivolous and advanced
in
good faith with merit, even though her cousins, the liars, Charles J. Kickham Jr, and his
partner, James M. Kickham claim otherwise. In support of the allegation that James M.
Kickham is a liar is the fact that he tried to amend the late answer of the defendant,
William J.
Kickham before he withdrew in the pretrial hearing. His lies had been proven to the
Board of
Bar Overseers by the plaintiffs husband , David R. Amos. He said that the Bar Counsel
asked him to amend that answer at exactly the same time the Bar Counsel had sent a
letter to
David Amos and claimed to him his complaint had no merit. James M. Kickham told
the
court of his troubles with the Bar Counsel and the plaintiffs husband on his own
accord. In
doing so he affirmed the demands of David Amos to the Overseers that the matter be
investigated properly. He also told the court that his law firm had closed many estates
where
the interested parties had not signed assent. Judge Carey started to question him about
that
and then stopped. She simply did not want to hear it.
16. The plaintiff further states that her motions for declaratory judgements were proper
because the evidence was in plain view in the dockets and proven in the plaintiffs
opposition
forgotten. They must explain that since all have acted in a conspiracy to conceal fraud
that
involves interstate securities and tax fraud why Title 18 does not apply to them.
20. The plaintiff further states that the court has said that some other person but definitely
not
David R. Amos must be appointed executor for no legal reason except for the malice of
Judge Carey
towards David R.Amos. All interested parties in both estates want him to be the
successor to the
executors in both estates. It was his diligence and competence as a layman that has
brought this
matter before the court. Judge Carey has claimed it was improper for the plaintiff to
bring this
matter before her. Judge Carey has claimed the plaintiffs husband is not an interested
party and yet
cannot be a trustee because of his interest.
21. The plaintiff further states that any new executor can only find more assets not less and
it would
be applied properly as per the directions of the will. The Court exists to insure that fact.
David R. Amos could do no further harm to these estates but he may find more assets.
22. The plaintiff further states that Charles J. Kickham Jr., James M. Kickham, William J.
Kickham
and Brian Kickham are not interested parties of either estate. But merely crooked
employees and the
son of one. They have no right to argue with the interested parties or the court as to who
would be
the successor executors or trustee in the estate of Lawrence F. Kickham or Elaine G.
Kickham. .
23. The plaintiff further states that Judge Carey has refused to allow David R. Amos to
speak on his
wifes behalf. The plaintiff had introduced a proper motion before the court for him to speak as
her
attorney. This was denied for no reason that the plaintiff can accept and Judge Carey did not
give
any other than claiming that he was not as one with his wife. The plaintiff states that before the
pretrial conference commenced her husbands opposition to the motion to amend the answer of
the
defendant, William J. Kickham followed by declaratory judgements should have ended the
matter.
24. The plaintiff further states that she could appeal many things but it would only delay the
matters
further and wants her right to a swift trial but not before Judge Carey.
25. The plaintiffs further states that she feels the court is in contempt of her and her
husband
because of a pro se complaint. The plaintiff had no choice. No attorney was interested
in their
matter and they have no money to pay for one. The funds that supported this action
against the
Kickhams were borrowed from the plaintiffs mother in law. The plaintiff has received
no support
from her own kin what so ever, not even a phone call wishing her luck.
26. The plaintiff further states that her husband has complained to the Commission of
Judicial
Conduct of Judge Careys conduct. The plaintiff has also introduced a motion for the
Judge to
disqualify herself from future proceedings in the matter. In support thereof when the
plaintiffs
husband was at the Probate Court on May 23, 2002 he had trouble getting the dockets of
the related
matters in order to file some documents in them. The dockets were in the hands of a
lady named
Tracy. It was asked of him to return them to her when he was finished, which he did. He
was
concerned that maybe James Kickham had filed his motion to dismiss this matter and
wished to
know in order to have enough time to prepare an opposition to it. He was told that the
Judge wanted
something copied out of it. He did notice in the docket of Elaine G. Kickham that the
Judge had not
allowed Mr. Kickham to amend his late answer. At the same time as he was viewing the
docket he
received a tape of the pretrial hearing. Listening to the tape that evening confirmed that
fact. The
next day a letter from the court dated May 23 arrived and in it the Judge had accepted
Mr.
Kickhams motion to amend and it was backdated to May16, 2002. The plaintiff states
she has no
doubts of the Judges malice. In the hearing of the pretrial conference, the Judge clearly
heard
James M. Kickham admit to his lies and the reason to amend the lie. It was the
plaintiffs husband
that had forced the truth to come out. Now James M. Kickham is abandoning his cousin
as a client
so as to separate he and his partner from their clients wrongs. Associate Justice Paula
M. Carey
allowed it all even though she knows the truth. She must have read the docket by now.
27. The plaintiff further states that since all investigations of a Judges conduct are held
strictly
confidential, the Judge may escape admonishment for her disobedience of the Canons.
The
plaintiff does not expect any better service from the Commission on Judicial Conduct in
view of
rules in common with the Board of Bar Overseers. Therefore her husband is telling the
world of the
Judge and invites the Judge Carey to sue him. It will save him the cost of filing a suit
against her.
Thus his complaint of Judge Paula M. Carey can be heard in public rather than behind
closed doors.
28. The plaintiff further states that by allowing James M. Kickham to amend his answer has
further
added to the error of the court, particularly in view of the evidence in the docket before the
Judge.
29. The plaintiff further states that part of James M. Kickhams amended answer is correct. If
Judge
Langlois had not believed the fraud of Charles J. Kickham Jr. and had reviewed the docket of
the
estate before passing his decree, then these matters would not be in dispute. The judge is
obliged to
look at the matter before closing it. The Court did error. It was the fault of Judge Langlois. He
is
aware of it. He has done nothing to correct his error.
30. The plaintiff further states that she wonders why Judge Langlois has not informed Judge
Carey
of his error. If he has then her husbands allegations of a conspiracy against her interests
in order
that the Justice System may save face are undeniably true.
31. The plaintiff feels that she is not out of order in any of her acts but that the whole court
is out of
order with regard to the law. During the pretrial hearing on May 16, 2002, the plaintiffs
husband
had filed legitimate complaints against every Member of the Bar in the hearing, except one, she
had not as of that time made an appearance in the matter. The Members of the Bar present
knew that
fact and displayed their contempt. Now at least these matters go to trial and into the public
view.
32. The plaintiff further states that she is pleased that the court has finally allowed her motion
of
February 8, 2002 and has temporarily removed William J. Kickham as trustee u/w/o Elaine G.
Kickham. The plaintiff feels certain that the matters in dispute within the said estate will be
properly
resolved as prescribed by law. In support thereof the new trustee, James A. McLaughlin,
appointed
as William J. Kickhams successor, is a well respected Member of the Bar who is ordered to
file a
bond with sureties and will be paid from the interests of the interested parties to competently
and
diligently act in their best interests. The plaintiff prays that he be successful in the endeavor to
regain all lost assets of said estate and trust and that William J. Kickham, Charles J. Kickham
Jr.
and James M. Kickham be made to pay for their crimes. The plaintiff also prays that James A.
McLaughlin deals with her Uncle Francis in a very gentle manner in consideration of his health
and
age. Francis C. Kickham is truly an innocent party in this matter in every respect and he
deserves
the utmost respect.
33. The plaintiff further states that the complaint for removal of Charles J. Kickham Jr. as
executor
of the will of Lawrence F. Kickham is a separate matter and trial. The Jean F. OMeara v.
Charles J.
Kickham Jr. matter directly relates to the misconduct of Charles J. Kickham Jr. in the estate of
Elaine G. Kickham, but it should not be the concern James A. McLaughlin as trustee u/w/o said
estate. The plaintiff prays to continue in the pursuit of this matter byway of her husband, David
R.
Amos, acting under her power of attorney. In support thereof the plaintiff states that she is one
of
twelve interested parties in this matter. All of who are brothers or first cousins to her. The
plaintiff
states that all interested parties have been properly served months ago and are well aware of the
matter. She has heard nothing from them pro or con. Not one of these interested parties has
stood
with her in her opposition to a patriarch of a family smattered with priests and lawyers past and
present. This patriarch, Charles J. Kickham Jr., has a profound legal reputation including such
honors
as: Harvard Law School Association of Massachusetts Member, Board of Governors,
Massachusetts
Bar Association, 1979 - 1980 President, Norfolk County Bar Association, 1968 - 1969
President
Norfolk County, Assistant District Attorney. This does not mention his long standing and
influential
Democratic political ties.
The plaintiff believes that the other interested parties chose not to become involved in this
matter
because their interest in the matter appeared small in comparison to the opposition Charles J.
Kickham Jr., his partners and his friends would provide. The plaintiff states that this is true and
does
not judge them for their decision to stay out of the matter to save the costs and the high
possibility
of embarrassment of their family. The plaintiff states that she had no choice other than to give
up. If
she does not prevail it will be of no cost to the other interested parties. If the plaintiff does
prove her
complaint against Charles J. Kickham Jr. the other interested parties shall all receive their equal
portion of lost assets from the estate of Lawrence F. Kickham as prescribed by law and the
court
duties to insure that it is done..
34. The plaintiff further states that the amount of lost assets in the estate of Lawrence F.
Kickham are
less important than the rights of Jean F. OMeara and the wrongs Charles J Kickham Jr. The
plaintiff states that win or lose her husband wishes to teach their children a valuable lesson in
life by
his example. The plaintiff does not feel the need to explain. All Members of the Bar know the
ethics
of the matter and how any decent man must answer to his familys pride and honour.
The plaintiff further states that her husband, David R. Amos, swears to do battle with her
cousin,
Charles J. Kickham Jr., and all those who have assisted him in his attack on the plaintiffs
interests.
He shall do it in court rather than the field, with the law rather than the sword, with simple
truths
spoken clearly rather than battle cries and all done with dignity in his best effort to cause
Charles J.
Kickham Jr. to lose his dignity
The plaintiff, Jean F. OMeara prays to the court to delay the interested parties no longer.
Wherefore, the plaintiff, Jean F. OMeara demands a Judgment:
1. Revoke the decree of Judgment of the First and Final Account of Charles J. Kickham Jr.
David R. Amos
153 Alvin Ave.
Milton, MA. 02186
(781) 964-9001
CERTIFICATE OF SERVICE
The Attachment
Mr. Frederickson I suspect you may want a little insight of your adversary. If
you viewed my website, as no doubt you did, you would have seen that I have a
sense of humour as well. Here is a second sight just in case. My photo proves that I
am a child of the sixties who never grew up. By my shirt you can tell I admire the
Indian way. So I must drive my stake into the turf and tie my ankle to it.
As I stand in defense of my kin, I will pound my chest and count a little coop:
I am smarter than the average bear and as mean as a snake.
Does that count?
I am slipperier than a salmon and as sly as a fox.
Does that count?
My dogs daddy knew an ex President of the USA.
and I am doing my best rain dance. Ya think Oxford would have taught you to never
judge a book by its cover and before you pick a fight you should know thy foe. You
must see that I have been looking into you so I figured I give you a glance at me.
This is just to inject a little fun into the fight.
I am making every effort to show this matter to the world. Ol Shakes said all
the world is a stage. You picked your part to play. In my opinion it is that of the
strutting stuffed shirt. Mine is that of the fool
Can ya tell I am jerking your chain? Lets hear ya growl. I promise I wont hang up.
I aint as rude as you.
Lets Play