Estate of Lorraine C. Disbrow, Deceased, Martha D. Johnson, Executrix - Page 29

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               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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