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to distribute net income at least annually in O.C.G.A. � 53-12-
190(c).” Id. at 97 & n.40. In contrast, the article highlights
and expounds upon alterations in prior law. See id.
Here then is the situation with which we are faced in
deciding whether Georgia courts would require annual distribution
on the facts before us. In terms of the legal context, we are
presented with a State statute that, in connection with its
interpretive history, clearly demonstrates a bias on the part of
Georgia lawmakers toward enabling trusts to qualify for the
marital deduction. Moreover, from a practical standpoint, we
address a situation where any accumulation of income by the
trustee under an ascertainable standard theory would be
pointless.
The descendants have disclaimed their right to all income
earned by the trust during Mrs. Lassiter’s lifetime. Under the
State disclaimer law, they are deemed to have predeceased Mrs.
Lassiter as to these sums. The amounts thus can neither be
distributed to them while Mrs. Lassiter is living nor be added to
the remainder interest they will take after her death. The
surviving spouse, or her estate, is the only possible beneficiary
of this income. The disclaimers have therefore rendered
meaningless any discretion on the part of the trustee to
accumulate income.
On balance, we believe that where a standard for
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