-29-
Third, decedent transferred the residence to Funny Hats when
she was almost 72 years old and in poor health. Following the
transfer, decedent continued to live at the residence until she
died, and Funny Hats never rented, or sought to rent, the
residence after decedent died. Instead, Funny Hats sold the
residence to David Disbrow for $350,000 shortly after decedent’s
death, without attempting to sell the residence in the market for
a higher price. The $350,000 sale price was $50,000 less than
the fair market value of the residence at the time of decedent’s
death, and we find nothing in the record that would account for
the purported 12.5-percent decline in the fair market value of
the residence from the time of decedent’s death until the time of
the sale. We also note that the $350,000 sale price equaled the
market value of the residence as of September 1, 1993, as
ascertained through the comparative market analysis obtained by
decedent on that date.
Fourth, as admitted at trial by a partner of Funny Hats, the
donees wanted decedent to continue to use and possess the
residence as she had before its transfer and wanted decedent to
live at the residence for as long as she could. The substance of
this admission is not remarkable given that decedent was elderly
and infirm at the time of the transfer, that she had lived in the
residence for approximately 37 years before the transfer, and
that the donees were the natural objects of decedent’s affection
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