Thomas B. Goldsby, Jr. and Sandra C. Goldsby - Page 11

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          than to manage it as trustee for the benefit of the remaindermen,           
          petitioner’s children.  Petitioner has no right under the trust             
          agreement to vest corpus in himself.  The trust agreement                   
          strongly shows the settlor’s intent for the trustee to act to               
          preserve the corpus for eventual distribution to the settlor’s              
          grandchildren.  Petitioner, as trustee, has fiduciary duties to             
          these remainder beneficiaries and must act for their benefit when           
          dealing with the corpus.                                                    
               Further, the undistributed income never became part of the             
          trust corpus nor commingled with the trust corpus.5  Petitioner             
          never relinquished his claim to the undistributed net income.               
          Moreover, the trust’s books and records showed the amount of                
          undistributed net income due petitioner.  The undistributed net             
          income, unlike the trust corpus, was subject to petitioner’s                
          withdrawal at any time.  The undistributed net income was not               
          held subject to the trust agreement, not required to be invested            
          for the benefit of the remaindermen, and therefore, not part of             
          the corpus.                                                                 
               Petitioners have also failed to prove the conservation                 
          easements were donated from the undistributed net income                    


               5We note that, if the undistributed net income did become              
          part of the corpus, the trust agreement would impose fiduciary              
          obligations on petitioner with respect to it.  Any donation of              
          the undistributed net income, if it became part of corpus, would            
          be a violation of petitioner’s fiduciary duties to maintain the             
          corpus for the benefit of the remaindermen, his children.                   





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