- 35 -
Harry Kayian, Sr. was a victim of lung cancer. On
or about August 6, 1993, his wife, Nancy Livingston,
took Transferor [Mr. Kayian, Sr.] to the hospital
because he was having trouble breathing. Instead of
staying with Transferor for his final days, she went
home, packed her things, called his son, Harry Kayian,
Jr., to tell him she was leaving town, and she de-
parted. When Harry Kayian, Jr. told his father, the
Transferor, that his wife was gone, it broke his fa-
ther's heart. A few days later, the Transferor, know-
ing he had no will and knowing he was near death, had a
long discussion with his sons, Harry, Jr. and Robert
about his wife's departure. During that conversation,
Transferor told his sons that he wanted to leave a
small legacy for each of his chilren [sic] and grand-
children. He told them that he was giving his Aruba
retirement bond, in bearer form, and a social security
check that he recently received, to Harry, Jr. to
divide among Transferor's children and grandchildren.
He stated that he did not want his wife to receive
those assets because she deserted him in his final days
* * *. Transferor's sole intention was to leave his
children and grandchildren a small legacy that his
estranged wife could not reach. The following day, the
Transferor died.
At the time of the transfer to Harry Kayian, Jr.,
more than two years had elapsed since the Transferor
incurred his tax obligations. Approximately one year
had elapsed since he contracted lung cancer. Yet he
had transferred no assets to his children or grand-
children during that period. It was only when his wife
left him to die, alone, that he made this transfer.
* * * Surely, these facts, surrounding this par-
ticular transfer, show the Transferor's intent in
making the transfer and negate any possible inference
or presumption that this transfer was made to hinder,
delay or defraud creditors. The Transferor made this
transfer for the sole purpose of insuring that each of
his children and grandchildren would receive a small
legacy that his estranged wife could not get.
Respondent counters that
the actual intent of Harry Kayian, Sr. is best deter-
mined based on the entire record in this case [sic]
Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NextLast modified: May 25, 2011