- 27 - 3.3 Source of Payments. All payments made pursuant to the provisions of paragraph 3.1 or 3.2 * * * shall be made from the assets of the Trust Estate remaining after complying with the provisions of Articles 4, 5, and 6 of this Trust Agreement and from assets of the Trust Estate otherwise disposed of under the provisions of paragraph 8.2 of Article 8 of this Trust Agreement. If stock of Schwan’s Sales Enterprises, Inc., must be used for any payment, non- voting stock shall be used before voting stock. * * * Given these directives, the principal difficulty with petitioners’ argument is that it conflicts with the explicit language of paragraph 2.3 above. That paragraph states that “Upon the death of the Settlor, whatever then constitutes the Trust Estate” (emphasis added) shall be subject to distribution in accordance with the enumerated provisions. One such provision is Article 3, which governs payment of taxes and expenses. Hence, assets received after decedent’s date of death are not covered by Article 3 and consequently are not among those which decedent specified are to be used to pay tax and expense obligations. Although petitioners reference an ability on the part of the fiduciaries to allocate the bonus to principal under the Revised Uniform Principal and Income Act, no amount of such allocating can retroactively render the bonus then-existing principal. The controlling testamentary instruments simply doPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011