(Download) "Pape v. Sullivan" by Supreme Court of Connecticut # eBook PDF Kindle ePub Free
eBook details
- Title: Pape v. Sullivan
- Author : Supreme Court of Connecticut
- Release Date : January 18, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This case comes to us on a reservation
from the Superior Court, based on stipulated
facts, seeking an answer to the question whether a
certain transfer in trust is subject to a
succession tax, under 12-341 (d) of the General
Statutes, as a transfer intended to take effect in
possession or enjoyment at or after the death of
the transferor On December 27, 1937, the decedent, William J.
Pape, of Woodbury, hereinafter called the donor,
transferred to two of his sons, an attorney and
himself, as trustees, certain personal property
under an irrevocable trust agreement. The trust
agreement provided, in substance, that the trustees
accumulate the net income from the trust fund during
the life of the donor and, upon his death, pay to his
wife for life, if she survived him, all or so much
[151 Conn. 41]
of the income as was necessary for her adequate
maintenance and support, with power to invade the
principal for the same purpose if necessary. Upon
her death, or upon the death of the donor if she
predeceased him, the trust fund was to be divided
into as many equal separate parts as there were
then living children of the donor or deceased
children who had left surviving descendants. After
the death of both the donor and his wife, each
living child was entitled to receive the net
income for life from his or her share of the trust
fund, with the further right to receive payments
from the principal of his or her share under
prescribed conditions and for specific purposes.
Upon the death of each child, his or her share was
to be distributed as directed in any will or trust
made by the child so dying or, in the absence of
any such will or trust, in equal shares to the
surviving children of that child per stirpes. The
share of any child who predeceased the donor and
his wife was to be distributed to "the children of
[that] deceased child per stirpes." The trust
agreement also provided that "[a]ny Trustee
acting hereunder shall be entitled to and may retain
just and reasonable compensation in an amount
determined by vote of the Trustees for the
services performed in the execution of this
trust." Other provisions are not material to the
present issue.
 "Pape v. Sullivan" by Supreme Court of Connecticut # eBook PDF Kindle ePub Free){kind=link}