- 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 Next
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