Estate of Marie A. Bies - Page 12

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            testified that he knew before decedent made the gifts that the                             
            wives had agreed to transfer the shares to their husbands.                                 
            Moreover, decedent was treasurer of MBI and a member of its board                          
            of directors; therefore, it cannot be denied that she knew Gayle,                          
            Loretta, and Cheryl made immediate transfers of the shares to                              
            Albert, Gregory, and James, respectively.                                                  
                  Decedent executed her will in 1989.  The will provided for                           
            the bequest of the MBI stock that decedent held at death to her                            
            sons, or to the survivor of them.  Thus, in the event either of                            
            her sons had predeceased decedent, decedent did not intend for                             
            the surviving spouse of the deceased son to take any shares.                               
            This provision is evidence of decedent's intentions regarding                              
            ownership of MBI stock by her daughters-in-law.                                            
                  Furthermore, decedent made no inter vivos or testamentary                            
            transfers of MBI stock to either Joanne or Barbara, because                                
            neither daughter was committed to the funeral home business.                               
            However, decedent made transfers of stock to Gayle even though                             
            she knew that Gayle did not want to be in the funeral home                                 
            business.  This is strong evidence that the stock transfers to                             
            the daughters-in-law actually were indirect transfers to her                               
                  The 1986 and 1991 agreements show that Albert, Gregory, and                          
            James anticipated owning collectively all the MBI shares.  Mr.                             
            Grayson, Albert, Loretta, Gayle, James, and Cheryl testified that                          

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