Estate of Lucille R. Devlin, Deceased, C. Ronald Lambert, Executor - Page 8




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          After the grantor’s death the trustees made the missed                      
          distributions.  See id.  The U.S. District Court for the District           
          of Massachusetts held that the missed distributions were                    
          completed gifts.  See id. at 693.  The District Court explained:            
               The language of the trust required the trustees to make                
               the distributions on the first of the year as to each                  
               year’s distribution.  Once this date passed, [the                      
               grantor] had transferred her control over the amount of                
               the distribution.  Otherwise stated, [the grantor’s]                   
               power lapsed on the first of the year with respect to                  
               the distributions at issue. [The grantor] could not                    
               have canceled or amended the amount of a missed                        
               distribution which, under the mandatory language of the                
               trust, became binding once the date for distribution                   
               passed. * * *  [Id.]                                                   
          The facts of the instant case are distinguishable from the facts            
          of White.  The language of the order does not require the gifts             
          to be made.  Nebraska law provided that, after a determination of           
          incompetency, the court, either directly or through a                       
          conservator, can exercise all powers over the estate and affairs            
          of the incompetent, including the power to make gifts.  See Neb.            
          Rev. Stat. sec. 30-2637(3) (Reissue 1995).  That statute,                   
          however, requires that a conservator obtain court approval before           
          making any gifts out of the incompetent’s estate.  See Neb. Rev.            
          Stat. sec. 30-2654(b) (Reissue 1995).                                       
               Accordingly, after the issuance of the order, it was within            
          the power of decedent's guardian-conservator to make the                    
          enumerated gifts, but he was not required to do so.  Decedent,              
          pursuant to Nebraska law, could have challenged that order prior            






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