Estate of Sarah E. Greve, deceased, Charles E. Greve & David R. Greve, Co-Executors - Page 23

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               the creditors of his estate.  An interest adverse to                   
               the exercise of a power is considered as substantial if                
               its value in relation to the total value of the                        
               property subject to the power is not insignificant.                    
               For this purpose, the interest is to be valued in                      
               accordance with the actuarial principles set forth in �                
               20.2031-7 or, if it is not susceptible to valuation                    
               under those provisions, in accordance with the general                 
               principles set forth in � 20.2031-1.  A taker in                       
               default of appointment under a power has an interest                   
               which is adverse to an exercise of the power.  A                       
               coholder of the power has no adverse interest merely                   
               because of his joint possession of the power nor merely                
               because he is a permissible appointee under a power.                   
               However, a coholder of a power is considered as having                 
               an adverse interest where he may possess the power                     
               after the decedent’s death and may exercise it at that                 
               time in favor of himself, his estate, his creditors, or                
               the creditors of his estate.                                           
          Sec. 20.2041-3(c), Estate Tax Regs.                                         
               In support of its position that, pursuant to the agreement             
          to amend the inter vivos trust, under section 2041(b)(1)(C)(ii)             
          decedent did not have at the time of her death a general power of           
          appointment with respect to $5,000 of the principal of the inter            
          vivos trust, the estate relies on the agreement to amend the                
          inter vivos trust which was entered into by Mellon Bank, N.A.,              
          and decedent and Mr. Wright’s other children, who were Hester               
          Wright’s nieces and nephew.  We reject the estate’s position.               
               The deed of trust provided in pertinent part as follows:               
                    (a) * * * In addition, the Trustee shall pay to                   
               said niece or nephew such sums from prin[cipal] as he                  
               or she may request in writing, not to exceed FIVE                      
               THOUSAND ($5,000) DOLLARS in any one calendar year on a                
               noncumulative basi[s.]                                                 
               The agreement to amend the inter vivos trust provided in               






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