Estate of Sarah M. Davenport, Deceased, Richard Davenport, Executor - Page 20

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          beneficial interest in the annuities at the time of her death.              
          The record as a whole clearly manifests that decedent held at               
          least some beneficial interest in the annuities.  Decedent was              
          one of three plaintiffs in the underlying lawsuit, injuries she             
          suffered at the hands of the defendants were expressly detailed             
          in the complaint, and explicit claims for judgment to redress               
          those injuries were made by her.  The settlement agreement was              
          then entered to resolve that lawsuit, and decedent therein was              
          named as the payee of the annuities, and only of the annuities.             
          Decedent was also the measuring life or annuitant for both of the           
          annuity contracts obtained to fund the settlement agreement                 
          payments, and the resultant benefit checks were made payable to             
          her through her parents as co-conservators.                                 
               On these facts, there can be little doubt that decedent                
          possessed at least some beneficial interest in the annuities.               
          Moreover, even the estate does not appear seriously to contend to           
          the contrary.  Rather, the estate focuses on arguing that                   
          decedent’s parents likewise held beneficial interests in the                
          annuities.  This nuance goes more properly to the question of the           
          extent of decedent’s interest for purposes of inclusion in her              
          gross estate, not the antecedent issue of some interest                     
          includable under section 2033.                                              
               Concerning this issue of the extent of decedent’s interest,            
          the documentary record as a whole leans distinctly in the                   






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