Robert John Kayian, Transferee - Page 37

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          rely on the testimony of either witness to establish, inter alia,           
          Mr. Kayian, Sr.'s intent in making the initial transfer.4  On the           
          record before us, we find that petitioners have failed to es-               
          tablish that Mr. Kayian, Sr.'s "sole intention was to leave his             
          children and grandchildren a small legacy that his estranged wife           
          could not reach."                                                           
               Assuming arguendo that petitioners had established that a              
          motive of Mr. Kayian, Sr. in giving the transferred properties to           
          Mr. Kayian, Jr. was to ensure that Mr. Kayian, Sr.'s children and           
          grandchildren, and not Ms. Livingston, received those properties,           
          we nonetheless find on the instant record that petitioners have             
          failed to rebut the presumption which we have found exists under            
          the Florida fraudulent transfer statute that Mr. Kayian, Sr. made           
          that transfer with a fraudulent intent.  In so finding, we have             
          given consideration not only to the badges of fraud (viz., the              
          initial transfer was made to an insider, see Fla. Stat. Ann. sec.           
          726.105(2)(a), and for no consideration, see Fla. Stat. Ann. sec.           
          726.105(2)(h)) which give rise to that presumption, but also to             
          other badges of fraud established by the record in these cases,             

               4We note that although petitioners claim that Mr. Kayian,              
          Sr. "had a long discussion with his sons, Harry, Jr. and Robert             
          [one of the petitioners herein] about his wife's departure", they           
          did not call petitioner Robert Kayian as a witness at the trial             
          in these cases.                                                             

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