- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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