Estate of Augusta Porter Forbes - Page 21




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          Implied Trusts                                                              
               We apply Georgia State law to determine what interest the              
          QTIP trust had in the South Property and North Property on the              
          date of decedent’s death.  See Commissioner v. Estate of Bosch,             
          387 U.S. 456, 465 (1967); Estate of Spruill v. Commissioner, 88             
          T.C. 1197, 1216 (1987).  Because the QTIP trust obtained its two            
          undivided interests in the subject property from the limited                
          partnership by quitclaim deed, the QTIP trust received only such            
          interest as the limited partnership possessed at the time of the            
          conveyance.  See Chatham Amusement Co. v. Perry, 117 S.E.2d 320,            
          325 (Ga. 1960).                                                             
               Petitioner contends that when the limited partnership                  
          conveyed the undivided interests in the subject property to the             
          QTIP trustee in 1988, the limited partnership held any beneficial           
          interests in the timber and pecan orchards in implied resulting             
          trusts in favor of Walter and Betty.                                        
               Determining Applicable Georgia Statutory Law                           
               As a threshold matter, we must determine the appropriate               
          Georgia statutory law to apply to the facts of this case.                   
          Effective July 1, 1991, chapter 12, regarding trusts, of title 53           
          of the Official Code of Georgia Annotated was repealed and                  
          reenacted to adopt the provisions of the Georgia Trust Act, which           
          rewrote and reorganized the provisions of prior statutory law               
          relating to implied trusts.  The Georgia statutory law in effect            






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