Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 46




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          enforceable under Oklahoma law.44  Union Life Ins. Co. v. Priest,           
          694 F.2d 1252, 1255-1256 (10th Cir. 1982).                                  
               Respondent acknowledges the enforceability of an assignment            
          under Oklahoma law.  Respondent argues, however, that the                   
          relevant issue is not the assignment’s enforceability but whether           
          the assignment effected a withdrawal of Marital Fund assets from            
          the Sidney Gore Trust.                                                      
               The estate planning on behalf of both Sidney Gore and                  
          decedent reflects a remarkable and persistent pattern of                    
          informality and inaction that makes any decision regarding what             
          actually took place a difficult one.  Both Sidney Gore and                  
          decedent executed wills and trust agreements before they died,              
          but they never actually transferred any assets into their trusts            
          before their deaths.  Respondent has apparently accepted for                
          purposes of this proceeding that, by reason of Sidney Gore’s                
          death and the distribution order, Sidney Gore’s trust was funded,           
          that his trust included a Marital Fund, and that decedent had a             
          power to withdraw Marital Fund assets during her lifetime.                  
          Respondent argues, however, that decedent’s execution of the                
          assignment without more was insufficient to withdraw the Marital            
          Fund assets from the Sidney Gore Trust.                                     


               44In order for an equitable assignment to be enforceable               
          under Oklahoma law, the equitable assignee must have furnished              
          consideration to the assignor.  See Johnson v. Schick, 882 P.2d             
          1059, 1061 (Okla. 1994).                                                    





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