Christie E. Cuddeback and Lucille M. Cuddeback Memorial Fund - Page 3




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                                     Background                                       
                  Petitioner is a testamentary trust which was created                
             under the last will and testament of Lucille M. Cuddeback                
             (referred to herein as the will), as amended by the second               
             codicil to last will and testament of Lucille M. Cuddeback,              
             executed on February 28, 1991 (referred to herein as the                 
             second codicil).  In this opinion, we sometimes refer to                 
             Ms. Cuddeback as the testator.                                           
                  Item Two G.2 of the testator's will, as amended by the              
             second codicil, directs that one-half of the residue of the              
             testator's estate is to be transferred in trust with the                 
             intention that the trust qualify as a charitable remainder               
             unitrust under section 664.  As amended by the second                    
             codicil, the will directs that 5 percent of the net fair                 
             market value of the principal of the trust is to be paid in              
             monthly installments to Ms. Cuddeback's niece, Ms. Vivian                
             B. Nelson, during her life.  Thereafter, the trust's net                 
             income is to be paid to three charities, and the trust is                
             to be known as the Christie E. Cuddeback and Lucille M.                  
             Cuddeback Memorial Fund (referred to either as petitioner                
             or the Cuddeback Fund).                                                  
                  The three recipients of the net income of the trust                 
             following Ms. Nelson's death are Bedford Presbyterian                    
             Church, New York, New York (Bedford), Parklane Baptist                   






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