Estate of Rosa B. Neff, Deceased, Chris Hunt, Executor - Page 9

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               The transfers of property which are in issue in this case              
          were executed shortly before decedent's death by decedent's                 
          attorneys in fact.  Chris Hunt testified that in the summer of              
          1992 decedent specifically instructed him and Melvin Hammontree             
          to transfer the annuities in question to the respective                     
          annuitants.2  We found Mr. Hunt's testimony to be credible and              
          supported by the record as a whole.  Shortly before the gifts               
          were made, some of decedent's nephews became sick, and they                 
          needed money.  At that time, decedent decided to give all of the            
          annuities to the annuitants.  Mr. Hunt testified that after he              
          completed the transfers and so informed decedent, she was “well             
          pleased” that the transfers were taken care of.                             
               The record provides additional reasons to believe Mr. Hunt's           
          testimony.  The annuities were transferred to the annuitants who            
          had been chosen by decedent when she originally purchased the               
          annuities.  These 19 annuitants would have become the owners of             
          their respective annuities upon the death of decedent.  Jess                
          Murphy testified that when contingent owners of two annuities not           
          in issue predeceased decedent, it was decedent's desire that a              
          portion of the funds from the annuities go to the heirs of the              
          contingent owners.  Mr. Murphy described decedent as "generous in           

               2  We focus our inquiry on the annuities in question because           
          the parties have so focused their arguments.  The annuities in              
          issue are each valued at $10,000, and that is the amount of the             
          annual exclusions in question.  If we find that the transfers of            
          the annuities were valid inter vivos gifts, we need not discuss             
          the validity of the other transfers presented here.                         




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