- 4 - Mr. de St. Aubin's will establishes two trusts for the benefit of decedent. Article Sixth of the will creates a marital trust. The will names decedent as the income beneficiary of that trust, and it grants her a testamentary power of appointment over the assets of the marital trust. Article Sixth directs that the marital trust be funded with an amount equal to 50 percent of the adjusted gross estate less the aggregate value of all interests in Mr. de St. Aubin's property that pass to decedent outright through her husband's will, or "otherwise than under [his] will, by operation of law, through life insurance policies, or otherwise". With respect to funding, Article Sixth provides: My executors, hereinafter named, shall have the power and sole discretion to satisfy this bequest wholly or partly in cash or in kind and to select the assets to be included therein, provided, however, that all such assets included shall be valued at the value thereof as finally determined for Federal estate tax purposes, and that the total value of such cash and/or property at the time of distribution to my said trustees shall be at least equal to the amount of this bequest. Article Sixth directs that the entire net income be paid to decedent at least quarterly. The will does not authorize invasion of the principal of the marital trust for decedent's benefit. Under Article Sixth, the marital trustPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011