Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 49

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               The documentary record also furnishes at least a measure of            
          objective support for the decedent’s willingness to act based on            
          these worries.  In 1994, decedent declined to make annual                   
          exclusion gifts of limited partnership interests in the Schutt              
          Family Limited Partnership to his daughter Sarah S. Harrison and            
          her children.  The estate attributes this decision to concern               
          about the investment philosophy of these individuals, and the               
          limited evidence does reflect 13 occasions on which DuPont or               
          Exxon stock was sold by Harrison grandchildren from 1989 through            
          1997.                                                                       
               Further corroborating the bona fides of the professed intent           
          underlying creation of Schutt I and II is the fact that formation           
          of the business trusts did serve to advance this goal.                      
          Respondent’s contention that the business trusts were unnecessary           
          to perpetuate decedent’s investment philosophy unduly emphasizes            
          management of the assets held by the Revocable Trust and                    
          minimizes any focus on the considerable assets held in the WTC              
          trusts.  Respondent points out that, under the Revocable Trust              
          indenture, decedent could control investment decisions pertaining           
          to the assets until his death, at which time various successor              
          trusts to be administered by his son and son-in-law would be                
          funded.  Respondent argues that the situation under the business            
          trusts was functionally equivalent, with decedent as trustee                







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