- 10 - Appointment”). Additionally, Item V contains no directive nor authority for the trustee to accumulate trust income. The Decedent’s surviving spouse, MRS. ANN LASSITER, now desires to fulfill her understanding of her husband’s intentions by disclaiming, renouncing, and refusing any and all rights, powers, and interest in the Residuary Trust Inter Vivos Power of Appointment. Additionally, in order to avoid any possible confusion, MRS. ANN LASSITER desires to disclaim, renounce, and refuse any right or interest in having the income of the Residuary Trust withheld from the income beneficiary or accumulated and any right or interest to cause the Trustee of the Residuary Trust to so withhold or accumulate income which may be said to exist under the terms of the Residuary Trust or under applicable Georgia law (hereinafter the “Accumulation Interest”). A further disclaimer was executed by Mrs. Lassiter in her capacity as trustee. As pertinent to the case at bar, this instrument states: Paragraph (b) of Item V of the 1970 Will requires the Trustee to distribute income and/or principal to the descendants of the Decedent for their support and education as the Trustee deems necessary (“Trustee Power to Distribute to Decedent’s Descendants”). Paragraph (b) contains no directive or authority to withhold from the income beneficiary or accumulate trust income. * * * * * * * NOW THEREFORE, the Trustee, on behalf of herself and all successors and assigns, in accordance with O.C.G.A. Section 53-2-115, having neither exercised nor accepted any of the above-described powers as trustee, hereby (i) affirms that under both Georgia law and the terms of the Residuary Trust the Trustee has no directive, power, or authority to withhold from the income beneficiary or accumulate income under the Residuary Trust; (ii) irrevocably and unqualifiedly disclaims, renounces and refuses such Trustee Power to Distribute to Decedent’s Descendants; (iii) irrevocablyPage: 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