Estate of Henry A. Lassiter, deceased, Paula Ann Masters Lassiter, administrator, C.T.A. - Page 35

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          equally unwilling to construe Mrs. Lassiter’s actions in                      
          attempting to obtain the increased deduction as a violation of                
          her fiduciary duties as administrator and trustee.  On the record             
          before us, we lack any basis upon which to evaluate or second-                
          guess the Probate Court’s acceptance of the actions by the                    
               Hence, we are satisfied that Mr. Lassiter’s descendants                  
          effectively disclaimed their right to receive trust income during             
          Mrs. Lassiter’s life, and thereby cut off the trustee’s                       
          discretionary power to make such distributions for their support              
          and education.                                                                
               Because the Item V trust as written establishes only two                 
          classes of beneficiaries to whom the trustee may distribute                   
          income; i.e., Mr. Lassiter’s wife and his descendants, the                    
          children’s disclaimers leave Mrs. Lassiter as the sole potential              
          recipient.  That alone, however, does not necessarily mean she is             
          entitled to all income payable at least annually.                             
               The language of the trust instrument which bears upon this               
          question states that the trustee “shall use such part of the                  
          income and/or principal thereof as it may deem necessary to                   
          provide for the support in reasonable comfort of my wife”.  The               
          document also recites Mr. Lassiter’s desire that the trustee “in              
          making encroachment for the benefit of my wife to encroach first              
          on the trust created for my wife in Item IV hereof before                     

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