Robert John Kayian, Transferee - Page 35

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                    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]                    

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