-12- invasion for the current income beneficiary only. That is, according to petitioner, during Hilda's lifetime the trustees could invade the corpus of the Part B trust only for Hilda's benefit. We disagree. In our opinion, the trustees' invasion power is not as limited as petitioner asserts. We believe decedent wanted to permit the trustees to invade the trust corpus "at any time", including the lifetime of Hilda, should it be necessary to benefit Hilda, Katherine, Joanne, or Katherine's and Joanne's children. In this regard, article four, paragraph C, permits such invasion for the support, maintenance, health, education, comfort, or general welfare of "my [decedent's] wife or any such beneficiary". Article five of decedent's will directs that the trustees provide decedent's descendants with adequate funds to attend suitable schools, colleges, and professional schools. This provision demonstrates that decedent's desire under article four, paragraph C, to permit invasion of corpus for educational purposes was primarily for the benefit of decedent's grandchildren, who could be attending school during the lifetime of Hilda. Article five also provides that the trustees are not to be limited "in any way" in providing decedent's wife, daughters, and grandchildren with adequate funds to maintain the standard of living they enjoyed "at the time of my death". Article five permits the trustees to invade corpus to provide for "special family situations which may arise from time to time". These are defined to include furnishing a home at the time ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011