Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 34

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          Issue 3.  Whether 12 Checks Decedent Wrote and Delivered to Her             
          Agent 4 Days Before She Died Were Completed Gifts; If Not,                  
          Whether the Checks Are Claims Against the Estate That May Be                
          Deducted Under Section 2053                                                 
               Decedent intended to make gifts of $10,000 to each of her              
          children and grandchildren during 1989.  On November 21, 1989,              
          she wrote 12 checks, each for $10,000 (total $120,000), and gave            
          them to her son, Jack, to deliver to the donees.  Unlike the                
          gifts she made in prior years, these checks were made to each of            
          the donees personally, and none were payable to the Weinstock               
          Trusts. At the time decedent wrote the checks, she had $89,799 in           
          her checking account.  Jack placed the checks in his desk at home           
          for safekeeping, and then went to Florida with his family for               
          Thanksgiving.  Jack intended to arrange a bank loan for the                 
          amount of the checks when he returned, and then to deliver the              
          checks to the donees.                                                       
               On November 25, 1989, while Jack was still in Florida,                 
          decedent was killed in an automobile accident.  After the demise            
          of decedent, Jack replaced the 12 checks signed by decedent with            
          12 new checks drawn on the estate account, which he signed as a             
          coexecutor.18  Jack delivered the replacement checks to the 12              
          payees of the checks signed by decedent, and the payees cashed              
          these replacement checks.  The 12 checks signed by decedent were            
          never delivered to the intended donees nor deposited, and                   


               18   The $10,000 check to Jack was written and signed by his           
          brother, Lewis, who was also an executor of the estate.                     




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