Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 33

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          respondent's view, the fact that the family discussed how the               
          children would use the gifts prior to decedent's making the                 
          transfers, and then pooled the gifts to buy a CD that Jack                  
          pledged as security for his guarantee, is evidence of this                  
          agreement.  We disagree.                                                    
               There is no evidence to support a finding that the donees'             
          legal ability to demand payment from the trustees was limited by            
          their informal agreement to purchase a CD after the gifts were              
          made.  Nor is there any evidence that decedent would not have               
          made the gifts to any donee who did not agree to invest rather              
          than spend the gift.                                                        
               To the contrary, the facts of this case support a finding              
          that the family was investment orientated, that they discussed              
          various investment choices, and they agreed that the best choice            
          was to pool their gifts to purchase a larger CD that paid a                 
          higher rate of interest than the rate they would have received if           
          they had each bought a smaller CD in the amount of the individual           
          gifts.  The fact that Jack was able to pledge the CD after the              
          donees purchased it to lower decedent's cost of borrowing in no             
          way limited the donees' legal ability to demand payment from the            
          trustees before the CD was purchased.                                       
               We hold, therefore, that the $10,000 annual transfers                  
          decedent made to each of the eight Weinstock Trusts in 1985,                
          1986, 1987, and 1988, were transfers of present interests.                  






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