Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 53

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          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.                                                                  







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