-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.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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