Wills Trusts & Estates keyed to Dukeminier
Old Colony Trust Co v. United States
The settlor created a trust in which he was the trustee and his son was the beneficiary. The settlor reserved to himself the power to increase the percentage of income to his son when in his absolute discretion; such an increase was desirable in view of changed circumstances, or in case of sickness. The settlor also had the power to cease paying the income to the son when he believed that it was in the son’s best interests. After the settlor’s death, the executor paid tax for the trust principal and sued for its recovery in the district court.
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