Estate of Henry A. Lassiter, deceased, Paula Ann Masters Lassiter, administrator, C.T.A. - Page 10

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               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                    
               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) irrevocably                  

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