-52- greatest worry with respect to wealth dissipation centered on outright distribution of assets to the beneficiaries of the various WTC trusts. It is clear from the structures of the WTC trusts involved that outright distribution created the single largest risk to the perpetuation of a buy and hold philosophy, and testimony confirmed decedent’s concern over a termination situation. Because none of the events that would trigger such a distribution turned on decedent’s own death, to call the underlying motive testamentary is inappropriate. Trust 2064, which contributed 10.346 percent of the DuPont stock to Schutt I and 41.439 percent of the Exxon stock to Schutt II, was to terminate, and the corpus was to be distributed free of trust to decedent’s grandchildren, no later than when the youngest grandchild turned 40. Notably, the health of both decedent and his issue was irrelevant to this precipitating event. According to the parties’ stipulations, decedent’s youngest grandchild, Katherine D. Schutt, was 24 years of age at the time of decedent’s 1999 death. The provisions of Trust 2064 would therefore dictate termination no later than the spring of 2015. Schutt I and II were structured to continue to 2048, absent agreement to the contrary in accordance with limited procedures set forth in the business trust indentures. The Trust 3044 subtrusts, which in the aggregate contributed 42.310 percent of the DuPont stock to Schutt I and 9.099 percentPage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011