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the benefit of decedent. Article III, paragraph B of the
Benjamin Gerson Trust, as amended, provided for the distribution
of the income and principal of Trust A. Specifically, paragraph
B.3 of article III provided:
Upon the death of my said wife, the balance remaining
in Trust A, including any income therein received by the
Trustee from the time of the last income payment and the
date of death of my said wife, shall be distributed by the
Trustee to such person or persons, and in such share or
shares, in trust or otherwise, as my said wife shall, by her
Last Will and Testament, or Codicil thereto, appoint by
specific reference thereto. It is my intention that
my said wife shall have an unlimited testamentary power
of appointment in respect of the whole of Trust A,
including the power to appoint the same in favor of her
own estate.
The parties agree that this provision of the Benjamin Gerson
Trust, as amended, conferred upon decedent a general power of
appointment, as that term is defined in section 2041(b).
The accounting records maintained by National City Bank as
trustee of the Benjamin Gerson Trust reflect that no additions
were made to the corpus of Trust A after September 25, 1985.
On September 24, 1999, decedent executed her will and, as
grantor, a revocable trust agreement (the Eleanor Gerson Trust).
On September 13, 2000, shortly before her death, decedent amended
and restated the Eleanor Gerson Trust.
As of her death on October 20, 2000, decedent was survived
by her four children and her five grandchildren.
Item I, paragraph C of the decedent’s will provided:
Under the terms of a certain Trust Agreement dated
December 9, 1968, entered into between my spouse, BENJAMIN
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