Thomas B. Goldsby, Jr. and Sandra C. Goldsby - Page 3

                                        - 3 -                                         
          Petitioner as Trustee                                                       
               The settlor also named his son, petitioner, trustee of the             
          trust.  Petitioner was the initial trustee of the trust and                 
          served until 1985.  Petitioner served as trustee again from 1986            
          through at least the date the petition was filed.  An unrelated             
          person was trustee in the brief interim.                                    
               The trustee has general authority to manage and distribute             
          the trust’s assets and income.  The trust agreement obligates the           
          trustee to manage the corpus in a manner that would satisfy the             
          purpose of allowing a distribution of the corpus to the settlor’s           
          grandchildren after petitioner dies.  All the powers the trustee            
          has are subject to fiduciary duty limitations and subject to the            
          limitations of the trust agreement.                                         
               The trustee is restricted in dealing with the corpus and               
          income by the prudent investor rule, is not allowed to engage in            
          speculation, and is required to seek long-term growth and                   
          appreciation of the trust property, considering income production           
          as well as the safety of the corpus.  The trust agreement                   
          restricts each beneficiary from disposing of his or her interest            
          in the trust.  Arkansas law governs the interpretation of the               
          trust agreement.                                                            
          Undistributed Net Income and Deemed Distributions                           
               Petitioner chose not to make or accept the mandated annual             
          distributions of net income despite the requirement in the trust            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011