Estate of Marie A. Bies - Page 13

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            the shares in the closely held corporation were transferred to                             
            the husbands so that in the event Albert, Gregory, or James                                
            predeceased his wife, MBI would purchase the shares and provide                            
            the surviving spouse liquidity.  This testimony is not supported                           
            by the facts.                                                                              
                  Upon the death of Gregory, MBI did not redeem all his                                
            shares.  Rather, Loretta inherited the shares, and none of those                           
            shares was sold to MBI until after Loretta reached a conditional                           
            agreement with Albert for the purchase of enough of his shares to                          
            equalize their ownership interests.  Although Loretta testified                            
            that the MBI shares "had absolutely no value" to her, it is                                
            evident from Loretta's retention of almost twice the amount of                             
            shares initially transferred through her by decedent, and by                               
            Loretta's agreement with Albert for the purchase of more shares,                           
            that, contrary to her testimony, Loretta preferred owning MBI                              
            stock to cash.  The objective evidence does not support the                                
            purported reason for the stock transfers between the spouses.                              
                  Viewed as a whole, the evidence shows the daughters-in-law                           
            were merely intermediate recipients, and that decedent intended                            
            to transfer the stock to her lineal descendants who were                                   
            committed to continuing the operation of the funeral home                                  

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