Estate of Henry A. Lassiter, deceased, Paula Ann Masters Lassiter, administrator, C.T.A. - Page 45

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          trust to exercise such care and skill as a man of ordinary                    
          prudence would exercise in dealing with his own property”.  In                
          addition, Ga. Code Ann. section 53-12-194(a) (1997) provides that             
          “No provision in a trust instrument is effective to relieve the               
          trustee of liability for breach of trust committed in bad faith               
          or intentionally or with reckless indifference to the interest of             
          the beneficiary”.                                                             
               Based on these pronouncements, we believe that Georgia                   
          courts would limit the trustee’s administrative powers to a                   
          sufficient extent to prevent their jeopardizing the income                    
          beneficiary’s interest.  See also Rev. Rul. 69-56, 1969-1 C.B.                
          224; Rev. Rul. 66-39, 1966-1 C.B. 223 (each sanctioning similar               
          grants of trustee authority in a marital deduction context).  We              
          also note that the above-described powers are set forth in Item               
          XII of the 1970 will and are applicable to “every trust” created              
          by the will.  Accordingly, the trust terms grant to the trustee               
          such powers in managing both the Item IV and the Item V trusts.               
          Yet respondent has stipulated that the Item IV trust qualifies                
          for the marital deduction under section 2056(b)(5), which statute             
          contains an identical all income payable annually element.                    
          Respondent has not, however, offered any evidence that the State              
          courts would impose reasonable limitations in the one context and             

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