- 34 - the promissory note less $30,000 (to reflect three annual exclusions).13 Petitioner suggests vaguely that Melba might have acquired an interest in the promissory note, presumably after decedent’s revocation of the grantor trust (since the grantor trust contained no provision whereby Melba might acquire any interest in any trust property) but before the assignment of the note to decedent’s three children. There is no evidence in the record, however, to support this suggestion, which is undermined by the contemporariness of the transfers of the note out of the grantor trust and to decedent’s three children, and by the antenuptial agreement between decedent and Melba, which states decedent’s desire that his children should receive his separate property “unaffected by the marriage of the parties hereto”. Petitioner also suggests that Melba’s joining in on the execution of the warranty deed conveying the Lake Catherine property to the Manesses and on the assignment of the note to three of decedent’s children shows that she had an interest in the Lake Catherine property and the promissory note. We are unpersuaded by petitioner’s argument. We believe it more likely that, pursuant to the terms of the antenuptial agreement, Melba signed these legal documents as a mere formality, without thereby 13 Petitioner does not contend that the conditions of the gift-splitting provisions of sec. 2513 have been met here.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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