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marriage and acquiring or establishing a business. The
beneficiaries of any such invasion of corpus are decedent's wife,
daughters, and grandchildren. The will does not prohibit an
invasion of corpus for the benefit of decedent's daughters and
grandchildren during the lifetime of the surviving spouse.
Decedent did not intend that only his descendants who married after
the death of his wife could receive funds for furnishing a home.
A similar provision was interpreted in Estate of Bowling v.
Commissioner, 93 T.C. 286 (1989). The will provided:
"(g) The Trustee named herein shall be authorized to
encroach upon the corpus of said Trust for any emergency
needs which effect [sic] the support, maintenance and
health needs of any beneficiary of said Trust, with said
encroachment to be at the discretion of said Trustee."
Id. at 289. We therein held that the trust property did not
qualify for QTIP treatment because the trustee could invade corpus
for emergency needs of other beneficiaries during the lifetime of
the surviving spouse. Id. at 294.
Petitioner cites several cases where references to "any
beneficiary" were held to refer only to current income
beneficiaries. We find those cases distinguishable from the
instant one. Each case is decided on the specific language
involved. Here, as previously stated, we believe decedent's clear
intent was to permit the trustees of the Part B trust to provide
for emergency and other needs of decedent's daughters and
grandchildren during the lifetime of his surviving spouse.
We have considered all the arguments advanced by petitioner.
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