Estate of Sarah M. Davenport, Deceased, Richard Davenport, Executor - Page 21

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          direction of decedent alone as the intended beneficiary of the              
          annuities.  Highly probative is the structure of the settlement             
          agreement in explicitly naming decedent’s parents individually,             
          and not decedent, as payees of the lump sum due under paragraph             
          2.1, then naming decedent as the sole payee of the annuities                
          under paragraph 2.2.  The Allstate and Safeco annuity contracts             
          are again corroborative of such a construction for the reasons              
          just mentioned above.  Features to which the estate points, such            
          as the use of plural “Plaintiffs” in paragraph 3.0 and the                  
          reference to the attorney for all three plaintiffs only in                  
          paragraph 2.1, while arguably enough to engender a degree of                
          ambiguity, are insufficient to counteract the overall thrust of             
          the documents.                                                              
               Nor does paragraph 4.0, likewise emphasized and relied upon            
          by the estate, suggest an opposing result.  The estate contends             
          on reply brief:  “Respondent also continues to overlook the                 
          importance of the fact that the parents were given general powers           
          of appointment over the two annuities, exercisable during their             
          lifetimes, to direct where further annuity payments should be               
          made in the event of Sarah’s death.”  However, paragraph 4.0 by             
          its terms affords the right to designate an alternate beneficiary           
          to decedent’s parents only in their capacity “as co-                        
          conservators”.  The very existence of this provision thus                   
          supports, rather than detracts from, the impression gleaned from            






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Last modified: May 25, 2011