In their testimony, they also confirmed that the defendant offered her sisters to cover the deceased's debt, and none of them did so.
- Plaintiff No. 2 testified that he only learned during the shiva that the deceased had given the house as a gift to the defendants (p. 28, paras. 1-5). and confirmed that in retrospect it became clear to him that the defendant had acted in secret with the deceased that she would clear the debt against him and take ownership of the house, and in his words, "I did not know that she was going to receive the house" (pp. 28, 19-26).
- Plaintiff No. 2 confirmed that he knew that his late father did not want the house to come to him, and therefore he filed a lawsuit against him:
"Once he decides he doesn't want to give me the house, then I also have the right to cancel the payments, I can't pay for something I won't get." (p. 39, paras. 3-5).
- He later testified that he did not physically see the agreement (p. 38, n. 9), but officially knew that the gift agreement was signed "two weeks later" (p. 38, s. 18-19).
- Plaintiff No. 2 was asked why he had not approached his father during his lifetime to cancel the gift agreement, and his answer was: "I could not contact my father, he was in such a bad medical condition that every word you said to him would make him angry and he was in such a state that it was impossible to talk to him" (pp. 38, 29-36).
- Subsequently, he was asked why he did not apply to the court to cancel the gift agreement, and he answered
"I do not understand these legal matters" (p. 39, paras. 8-12).
- In response to the court's questions, in his cross-examination, plaintiff No. 2 confirmed that he knew of the gift agreement at least shortly after it was drafted, and not, as he claimed and testified at the beginning of his cross-examination, that he was first exposed to it during the shiva (p. 46, paras. 1-9).
"The Honorable S. R. Gurevich: So you want to tell me that you didn't know about the gift agreement that your father gives to your sister following the return of the commitment?