Estate of Henry A. Lassiter, deceased, Paula Ann Masters Lassiter, administrator, C.T.A. - Page 39

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          District Court for the Southern District of Georgia in Friedman               
          v. United States, supra.  These predecessor laws read:                        
                    Where the trust instrument is silent as to the                      
               time of distribution of income and the frequency                         
               thereof, all trustees of all trusts subject to the laws                  
               of this State, whether heretofore or hereafter                           
               established, shall distribute all net income derived                     
               from the property comprising such trust at least                         
               annually, on a calendar or fiscal year basis.  [Ga.                      
               Code Ann. sec. 108-445.]                                                 
                    In the case of any trust now in existence or                        
               hereafter created where the trust instrument expressly                   
               directs or permits net income to be distributed less                     
               frequently than annually, the express provisions of                      
               such instrument shall govern the time and manner of                      
               making distributions of income. [Ga. Code Ann. sec.                      
               The trust at issue in Friedman v. United States, supra at                
          484-485, instructed the trustees:                                             
               To pay to my wife, SOPHIE M. BODZINER, such part of the                  
               net income as the Trustees may deem necessary to                         
               provide for the proper support, comfort and happiness                    
               of my wife.  Said Trustees shall be authorized to                        
               encroach upon the corpus of the trust estate at any                      
               time and from time to time in such amounts as they may                   
               deem necessary, taking into consideration the income of                  
               my wife’s separate estate, to provide for the proper                     
               support and comfort of my wife.                                          
          The question before the court was whether this trust satisfied                
          the all income payable annually requirement of section                        
          2056(b)(5), which parallels that set forth in section 2056(b)(7).             
          See id. at 486.  The court queried whether the trust qualified                
          for the marital deduction “where by its terms the entire income               
          from the trust property does not have to be paid annually to the              
          surviving spouse but only such part thereof as the trustees deem              

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