Chapter 11 - The Witness Against Her
Margaret would not answer Elena’s calls.
Daniel’s lawyers filed her declaration publicly.
By evening, financial reporters were outside Mercer Coastal headquarters.
The declaration said Richard had suffered periods of confusion following his heart attack.
That was true.
It said he sometimes forgot dates.
True.
It said he occasionally called staff by the wrong names.
Also true.
Then came the sentence designed to destroy Elena’s control:
Based on my observations, I have serious concerns regarding whether my brother fully understood the voting consequences of the amendment he executed during his final illness.
Elena threw the printed declaration across Rachel’s office.
“She told me he wanted Daniel removed.”
Rachel remained calm.
“She also says she questioned his capacity.”
“Those things contradict each other.”
“Not necessarily.”
“He knew exactly what he was doing.”
“Then we prove it.”
Elena paced.
“He dictated recordings.”
“Helpful.”
“He described the amendment.”
“Very helpful.”
“He had lawyers.”
“Paul Sutter was one of them.”
That stopped her.
Their best evidence was contaminated by a lawyer they now accused of fraud.
Rachel continued.
“We need independent witnesses. Doctors. The notary. Anyone present.”
“What about the original?”
“The custodian bank says it never received it.”
Elena stared.
“Paul kept it.”
“Or destroyed it.”
That evening Vivian came in without knocking.
“Margaret met my father.”
“When?”
“Yesterday.”
“How do you know?”
“My father’s driver told me.”
Elena stared.
“Why would his driver tell you?”
“Because he has worked for us for sixteen years and hates Daniel.”
“Useful qualification.”
Vivian ignored that.
“She spent forty minutes at Voss Capital.”
Rachel asked, “Before or after signing the declaration?”
“Before.”
Elena felt rage return.
“She sold me.”
“Maybe.”
“What else would it be?”
Rachel said sharply, “Stop deciding facts because they fit your anger.”
Elena turned.
“You weren’t there when she admitted burning my father’s letter.”
“No. But I am here while you are one bad decision away from becoming the witness Daniel wants.”
That silenced her.
The next morning they deposed Margaret.
Daniel’s counsel objected constantly.
Margaret looked smaller beneath fluorescent lights.
Rachel asked, “Did Richard tell you why he wanted Elena to receive voting control?”
“Yes.”
“Why?”
“Because he was concerned about Daniel’s financial judgment.”
Daniel’s lawyer objected.
Margaret continued anyway.
“He believed Daniel had become vulnerable to Harrison Voss.”
Elena looked at Daniel.
His face did not move.
Rachel asked, “Did Richard appear to understand the consequences of transferring voting control?”
Margaret hesitated.
“At times.”
“On the day he signed?”
“I don’t know.”
“Were you present?”
“No.”
“So your declaration does not say you observed him signing while confused.”
“No.”
Daniel’s lawyer shifted.
Rachel moved in.
“Did you meet Harrison Voss before signing your declaration?”
Margaret froze.
“Yes.”
“Why?”
“He requested a meeting.”
“What did you discuss?”
“My nephew.”
“Daniel?”
“Yes.”
“What about him?”
Margaret looked toward Daniel.
He stared back.
Her voice weakened.
“Harrison said Daniel would be personally ruined if the transaction collapsed.”
“Did he threaten you?”
“No.”
“Did he promise you anything?”
“No.”
“Did Daniel ask you to sign the declaration?”
“Yes.”
“Did Paul Sutter?”
“Yes.”
“Did you initially refuse?”
A long pause.
“Yes.”
Elena’s pulse quickened.
“Why did you change your mind?”
Margaret began crying.
Daniel’s attorney requested a break.
Rachel refused to release the question.
Margaret whispered, “Because Daniel said if Elena gained control, she would have him prosecuted.”
Elena stared.
Margaret looked toward her.
“I believed you would.”
Elena said nothing.
Because she would.
Margaret continued.
“He is my nephew.”
Rachel’s tone remained cool.
“And Elena?”
Margaret closed her eyes.
“My niece.”
“So you gave sworn testimony that could deprive one family member of control because you wanted to protect another from potential consequences?”
Daniel’s lawyer objected violently.
The damage was done.
After the deposition, Margaret stopped Elena in the corridor.
“I didn’t lie.”
“You chose which truths would hurt me.”
“I was afraid.”
“You always are.”
Margaret flinched.
Elena walked away.
Then Margaret said, “Richard’s notary is alive.”
Elena turned.
“What?”
“Paul told you she moved overseas.”
“He did.”
“She didn’t.”
“Where is she?”
“I found an old Christmas card last night. She lives in Ventura.”
Rachel stepped closer.
“Name?”
“Laura Bennett.”
Within hours they found her.
Laura Bennett had been Richard’s executive assistant for eleven years and a California notary.
She remembered the amendment.
Very clearly.
“Richard insisted I read every operative paragraph back to him,” Laura said.
Rachel asked, “Why?”
“He said people would claim he was confused.”
Elena’s throat tightened.
“Was he?”
“No.”
“Did anyone else attend?”
Laura nodded.
“Paul Sutter.”
“Did Richard sign?”
“Yes.”
“Did you notarize?”
“Yes.”
“Where did the original go?”
Laura looked puzzled.
“Paul took it.”
Rachel leaned forward.
“Did you retain a journal entry?”
“Of course.”
California notaries were required to maintain journals.
Laura opened an old locked cabinet.
Inside was the journal.
Date.
Time.
Document description.
Richard Mercer’s signature.
Thumbprint, though not legally required for this document, because Richard had insisted.
Elena almost cried.
Then Laura said something even better.
“Richard made two originals.”
Rachel stared.
“Two?”
“He didn’t trust Paul.”
“Where is the second?”
Laura smiled faintly.
“He gave it to someone else.”
“Who?”
“Your mother’s old estate lawyer.”
Elena’s heart dropped.
“My mother’s lawyer died years ago.”
Laura nodded.
“Yes.”
“Then where would the document be?”
“At his firm, I assume.”
Rachel was already reaching for her phone.
The firm had merged twice.
Its archived estate files were stored with a records custodian in Sacramento.
The search would take days.
They did not have days.
Because that afternoon Pacific Meridian sent formal notice that unless the default was cured, it intended to enforce remedies under the credit agreement.
May you like
And attached to the notice was a scheduled closing date for the Voss purchase option.
Six days away.
