- 3 - 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 BaptistPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011