Estate of Eleanor T.R. Trotter - Page 16

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          Once more, the facts before us fit this pattern as well.  The               
          trustee did not even open a bank account for the trust; hence, we           
          are hard-pressed to infer that the trustee intended to manage the           
          property so as to achieve an economic benefit for the                       
          beneficiaries at any time prior to decedent’s death.                        
               Furthermore, we find the particular terms of the trust                 
          instrument at issue here to be highly supportive of an implied              
          arrangement that decedent would retain possession of the                    
          condominium.  Specifically, we emphasize that the express terms             
          of the agreement granted Mr. Trotter a right to possess the                 
          property for a period following decedent’s death.  We believe               
          that there would have been little, if any, reason to include such           
          language absent an understanding that decedent and her husband              
          would be living in the home at the time of her death.                       
               Moreover, we are satisfied that the logical conclusion to be           
          drawn from these terms is not negated by the withdrawal                     
          provisions upon which the estate so heavily relies.  The numerous           
          indicia discussed above are equally supportive of an implied                
          understanding that the withdrawal rights would not be exercised,            
          an interpretation buttressed by the awareness that the                      
          beneficiaries were decedent’s grandchildren (and three of the               
          five were minors).  We cannot blind ourselves to the reality of             
          the family relationships involved, and the estate has failed to             
          show that the withdrawal rights were anything more than a paper             

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