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Attached to and made part of the grantor trust agreement
was an antenuptial agreement that decedent and his second wife-
to-be, Melba J. Bushnell (Melba), had executed in 1991 (the
antenuptial agreement). The antenuptial agreement stated that
decedent and Melba would each retain separate control of property
they had acquired before their marriage, “the same as if the
marriage relationship did not exist”. The antenuptial agreement
identified as decedent’s separate property virtually the same
property (including the Lake Catherine property) that later
became the corpus of the grantor trust. In the antenuptial
agreement, decedent and Melba agreed:
should either party desire to * * * sell, or otherwise
convey * * * his or her separate property now owned and
acquired before the marriage of the parties, * * * the
other hereby covenants to join in any conveyance or
other instrument as may be necessary to make the
transfer * * * effectual and satisfactory to any third
party; provided, however, that by joining in such
conveyance * * *, the party so joining pursuant to this
Agreement does not acquire any interest in the profits
or other benefits from the transaction * * *.
On December 14, 1994, decedent executed a revocation of the
grantor trust; on February 1, 1995, the revocation was filed.
Prior to the revocation of the trust, on January 31, 1994,
Neil and Allison Maness (the Manesses) executed a $148,700
promissory note (the promissory note) in favor of the grantor
trust. Exactly a year later, on January 31, 1995, decedent and
Melba executed a warranty deed conveying the Lake Catherine
property to the Manesses. The warranty deed recited that this
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Last modified: May 25, 2011