-31-
give written notice to himself should require a finding that
notice was not given.
Finally, convincing testimony was heard at trial that the
adult beneficiaries were given actual notice of the gifts and
their right to immediately withdraw the money. For instance,
Richard Holland, the adult son of Lewis, testified that he did
not receive written notice of the gifts, but that he discussed
the gifts with decedent, as well as with Jack, and he was aware
that he had the use of the money if he wanted it.
The Agreement Issue
In Estate of Cristofani v. Commissioner, supra, this Court
held in a reviewed decision that the donor's transfers in trust
for her minor grandchildren, who held unexercised demand rights
and contingent remainder interests in the trust, qualified as
gifts of present interests under section 2503(b). Following the
decision of the Court of Appeals for the Ninth Circuit in Crummey
v. Commissioner, supra, we stated that the correct test in
deciding whether the minor beneficiaries received a present
interest is whether they have a legal right to make a demand for
16(...continued)
Georgia is 18 years. Ga. Code Ann. sec. 39-1-1(a) (1988). An
exception to this general rule is the definition of "minor" under
The Georgia Transfers to Minors Act (the Act). Under the Act,
the term "minor" means an individual who has not yet attained the
age of 21 years. Ga. Code Ann. sec. 44-5-111(11) (1988); 1972
Ga. Laws, sec. 10. Neither party in this action submitted
evidence that the transfers in trust were made in conformity with
the Act. In view of this lack of evidence, we are unwilling to
assume an exception to the general rule for the transfers at
issue.
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