- 35 - 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 fiduciaries. 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 beforePage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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