The Settlement Required More Than My Brother's Promise to Stop
Part 7 · 3 min read ·
We met at Paula's office in December. There was no conference table large enough for everyone, so she had borrowed two folding tables from downstairs.
I liked that. Malcolm could not sit at the head of both.
Dana brought the mirror inspection report. Gray paint had reached places it should never have touched. Cleaning, testing, a fresh coating, and the supervised transport would cost $6,200 in all.
Vernon had signed for receiving the mirror in August. He had signed another form when the handler collected it for Dana. The two forms made his claim about an empty case hard to repeat.
Juniper sat beside Dana with her hands flat on her folder.
"I'm here to confirm the records," she told the room. "I might need people to wait while I find a page."
"We'll wait," Paula said.
Malcolm's attorney began with a statement about grief and confusion.
Paula let him finish.
Then she placed a proposed agreement on the table.
Malcolm would return the $38,400 purchase price to Vernon. The sale would be undone, with no claim against Dana or her mirror.
Vernon would pay the $6,200 inspection, repair, and transport charges directly under the agreement. He would also sign a factual statement confirming that he had received RB-17 and arranged to have its identifying mark covered.
Malcolm would repay the $8,900 to Miriam's estate. He would withdraw his $24,600 fee claim and his request to control the estate. April would continue the administration, subject to the probate court's approval.
He would also pay $12,000 toward our documented legal bills. That amount was part of the negotiated settlement, not a promise that every court made the losing side pay.
Paula had explained that distinction to me twice.
"My client needs time," Malcolm's attorney said.
"Thirty days," Paula replied. "With the agreed judgment and security documents signed now."
Malcolm had offered a lien against his house to secure the payments. His lawyer had obtained the title information. Paula wanted the security completed before we released any money claims.
I understood that. A passenger saying a wheelchair brake worked was different from checking it before the lift moved.
"What does Esther give up?" Malcolm asked.
"The disputed money claims covered by this agreement once you perform it," Paula said. "She isn't surrendering her property."
He turned to me.
"And you agree not to tell people."
"There isn't a secrecy clause," I said.
"There should be."
"My employer has a complaint file with my name on it. The corrected record stays available. So do the court filings."
"You want to humiliate me."
I pushed the invoice toward him.
"I wanted the roof left on."
For a moment, nobody spoke.
Vernon's attorney asked for a break. Malcolm went outside without his coat. Through the window, I watched him stand beside a bare tree, talking into his phone.
Juniper opened a lunch box.
"I remembered food," she told Dana.
She offered me half a cheese sandwich. I took it. We ate over napkins while the attorneys worked in the next room.
There was one more property issue. The deed covered the land and building, but several loose items still belonged to Miriam's estate. April had obtained an independent appraisal of $2,100 for the guide scope, eyepieces, and other equipment.
I asked to take those items as part of my eventual inheritance, with that value charged to my share. Malcolm would receive the matching value through the remaining assets.
"You're paying to keep her things?" Juniper asked softly.
"I'm making sure they stay mine after this."
She nodded and wrote down the agreed inventory numbers.
We did not challenge Miriam's June will. It was valid. It simply did not do all the things Malcolm had claimed at the memorial.
Luis supplied a final cancellation agreement. He kept $480 of Malcolm's deposit for documented scheduling and delivery costs and returned $1,520 to Malcolm. He released all claims against the property and estate.
By late afternoon, the revised pages came back.
Vernon's statement no longer used the words "never existed." Malcolm's agreement no longer described me as someone receiving permission to use the observatory.
It named me as its owner.
He signed without looking at me.
I read each page before I signed. The red clothespin waited beside my pen, its chipped star facing up.
Outside, the early dark had settled over the parked cars.
Paula handed me a copy of the payment schedule.
"Signatures are the start," she said. "Now we watch the deadlines."
Three days before the first one, her office received a bank notice confirming that Malcolm's promised funds had arrived.