-50-
collateral for the transfers. None of these assets, however,
were pledged as security or collateral for the transfers.
Indeed, there is no evidence that either of the cotrustees ever
even asked decedent to secure or collateralize the transfers.
4. Fixed Maturity Date for Repayment.
There was no fixed date for repayment of the transfers.
Jack testified that he intended to transfer money from the
Special Dividend Account to the JKH Trust as the funds came in
and became available. However, there is no evidence that
decedent was aware of Jack's intention, or that she intended to
repay the transfers.
5. Demand for Repayment of the Transfers.
Consistent with the preceding factor, no demand for payment
was made by either of the cotrustees.
6. Actual Repayments.
Except for the payment on December 18, 1989, which was made
after the death of decedent, no payments were made with respect
to these transfers. Neither decedent nor her agent made payments
to the JKH Trust for either of these transfers while she was
alive.
7. Decedent's Ability to Repay.
Jack testified that he expected decedent to receive an
income tax refund of $60,000, and that he intended to apply it to
repayment of the transfers. He expected the balance of the
transfers to be repaid with the income from the stocks and bonds
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