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supposed to go away for Christmas. So the only thing I could
think of is that we went away." We do not believe that the
family went on an extended vacation during the period decedent
was in the hospital. Moreover, we find it curious that all eight
of the check recipients held their $10,000 checks for more than a
month and that seven of the eight recipients deposited their
checks during the 2-day period immediately preceding decedent's
death.1
A further review of the facts reveals additional reasons to
doubt Marsha's testimony. On December 15, 1990, Marsha wrote
eight $10,000 checks to family members. Yet during the 2 weeks
prior to December 15, 1990, decedent wrote 14 checks to family
members (i.e., as birthday gifts, Chanukah gifts, etc.) in
amounts ranging from $25 to $500. During the 3-week period after
December 15, 1990, decedent wrote six checks to family members in
amounts ranging from $25 to $1,000. Also during this period, she
wrote a $50 birthday gift check to Adam Roberts and a $100
Christmas gift check to Maria Falcon (her maid).
Decedent undoubtedly was willing and able to write her own
gift checks during this period. The fact that she did not write
any of the $10,000 checks is probative of her lack of intent.
1 A more plausible explanation is that Marsha wrote these
checks in January and backdated them. Indeed, the check numbers
and Marsha's testimony would lead us to this conclusion. The
parties, however, have stipulated that the dates shown on the
checks are the dates such checks were written. Therefore, we
will accept their stipulation despite our skepticism.
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