Estate of Ida Abraham, Deceased, Donna M. Cawley, and Diana A. Slater, Administratrixes - Page 23

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               shall be maintained at a level established by the limited              
               Guardian ad litem in his sole discretion.                              
          Even the decree to compromise Mr. Nicholas Abraham, Sr.’s will              
          expressly contemplated that decedent would retain the right to              
          all the income generated:                                                   
               The undersigned agree to compromise the will of Nicholas               
               Abraham by substituting for the Nicholas Abraham 1987 Trust            
               four (4) separate trusts, each of which shall have as                  
               trustee one (1) of the four (4) living children of  Nicholas           
               Abraham (Nicholas A. Abraham, Donna Cawley, Richard Abraham,           
               and Diana Slater).  The current income beneficiary of each             
               trust shall be Ida Abraham, the surviving spouse * * *.                
               Each trustee shall have the power to invade principal for              
               the benefit of Ida Abraham * * * in the trustee’s sole                 
               discretion necessary for the health, support, and                      
               maintenance of Ida Abraham * * *.                                      
               Decedent’s retention of the right to all income that the               
          FLPs generated is evident from testimony elicited at trial.  Ms.            
          Cawley testified as follows:                                                
               Q:   Did you have any pre-arrangement with Mr. Goldman other           
               than the Court order as to how –- what income or assets that           
               your mother could receive?                                             
               A:   No.  The arrangement was my mother lives a status quo             
               time.  The [sic] always lived.  Nothing was to change.                 
                    *    *     *        *      *       *      *                       
               A:   * * * And my mother needed to be protected.  And the              
               only way to protect her was to form these partnerships.                
               Paid off her legal fees by using her personal assets, but              
               the partnerships assured me that she would be constantly               
               protected.  She would never want for anything.  There would            
               always be money there.  And if there wasn’t money in her               
               partnership fund, it had to come out of my partnership                 
               shares or my brother’s, but the protection was there for her           
               as a guarantee that she would live status quo.                         
                    *    *     *        *      *       *      *                       






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