-53- of the Exxon stock to Schutt II, specified that at the death of a primary beneficiary, one of decedent’s children, the assets were to be distributed free of trust to the corresponding grandchildren. Respondent apparently seeks to belittle any concern decedent may have felt over these provisions by citing the good health of decedent’s three surviving children, who were 61, 60, and 56 at the time of decedent’s death. Yet respondent has offered no evidence contradicting the bona fides of decedent’s fears in this regard. Nor is the Court prepared to say that decedent, who had already lost one child to cancer and observed firsthand the operation of the outright distribution mechanism, would be unjustified in taking steps to guard against this risk. Still another aspect of the evidence in this case that corroborates decedent’s desire to perpetuate his investment philosophy through establishment of Schutt I and II stems from WTC’s concerns with and reactions to the proposed arrangement. The record indicates that WTC perceived the business trust transactions as having a meaningful economic impact on the rights of the beneficiaries of the WTC trusts. From early in the planning process, representatives of WTC consistently voiced concerns regarding the effect of the business trusts on liquidity.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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