Estate of Sarah M. Davenport, Deceased, Richard Davenport, Executor - Page 29

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          death.  Id.  The annuity was funded through purchase of a                   
          contract policy listing the initial payee as “‘Wilford Arrington            
          and Deborah Arrington, as Parents and Next Friends of William               
          Arrington, for the sole use and benefit of William Arrington,’”             
          and listing the contingent payee as the child’s estate.  Id. at             
          146.  The court held that the child was the sole beneficial owner           
          of the annuity, such that its value was includable in his gross             
          estate under section 2033.  Id. at 147-148, 150.                            
               The estate maintains that Arrington v. United States, supra,           
          is distinguishable on its facts largely because the annuity                 
          payments there, unlike here, were directly traceable to the                 
          child’s claims and because here, unlike there, decedent’s parents           
          were granted control to direct the payments to other than                   
          decedent’s estate.  As to the former, although the language of              
          the settlement agreement in Arrington v. United States, supra,              
          may have been more explicit in naming the child as the                      
          beneficiary of the annuity, we find the overall structure of the            
          settlement agreement here to be equally persuasive.  Notably, the           
          agreement in Arrington v. United States, supra, would appear to             
          have earmarked no compensation for the child’s parents, while               
          here decedent’s parents were designated as the payees of specific           
          sums.  As to the latter complaint, we refer again to the fact               
          that the alleged control of decedent’s parents by its terms                 







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