The strained relationship between the deceased and the plaintiff and his mother:
- Further reinforcement of the determination that the gift transaction is the result of a relationship of dependence and control is the fact that the relationship between the deceased and the plaintiff and Yaffe z"l was not proper throughout the years that the deceased was in England. Prior to the death of the deceased's son Moshe, the deceased had a dispute with Yaffa z"l. The dispute was against the background of the fact that the plaintiff's parents were in debt, which forced them to sell their house for the deceased. Afterwards, the plaintiff's parents asked that the deceased return the apartment they had sold to her, but the latter refused. The plaintiff in his testimony on page 14 stated that his mother, like the defendant, had a dispute with the deceased:
Later on, on page 16, the plaintiff confirms that the dispute between his late mother and the deceased was over his parents' apartment:
This testimony of the plaintiff indicates that he was angry with the deceased since they were thrown into the street, as he claimed.
- After the deceased returned to England, the relationship between the plaintiff and the deceased was not good, to say the least. This is evidenced by "WhatsApp" correspondence between the plaintiff and the defendant, after the plaintiff's mother passed away, in which he complained to the defendant that she was not at the first memorial service for his late mother, and instead preferred to go to the deceased. In the same correspondence, the plaintiff refers to the deceased as "Garbage" And somewhere else "Garbage Bat Garbage" (p. 13 of the defendant's exhibits). In another angry statement from the plaintiff, he wrote (p. 18 of the defendant's exhibits):
"On the day my mother passed away, I was sure that all this poison that this motherfucker from London had put into our lives was Yael because my mother didn't listen to us. I won't confuse anyone's mind, but I'll be clear about one thing. This garbage doesn't come here, and if it comes in one way or another, it's clear that I don't stop at anything!! A woman who instead of mourning her daughter on the day she was informed that her mother had died. She told the man that Mom owed her money (garbage juice)..."