Unambiguous trust reformed to accomplish tax and charitable objectives. Presumption of revocation triggered when all originals not located. A testatrix executed two copies of her will, keeping possession of one and leaving the other with her lawyer. After her death, her copy could not be found. The court refused to probate the will because of the presumption that when the testator has possession of the will and it cannot be found after death, the testator has destroyed it with intent to revoke.
Ambiguous clause allows use of extrinsic evidence.
A decedent's will directed payment of estate taxes from a living trust. Insane delusion regarding family members invalidates will. A testatrix executed a will while suffering from a paranoid disorder that caused her to have false beliefs about her family members. Gifts made by agent under durable power of attorney did not qualify for annual exclusion because the power did not specifically authorize the agent to make gifts. Checks a taxpayer wrote to a family limited partnership that were not paid by the taxpayer's bank before the taxpayer's death were treated as cash on hand and thus part of the gross estate.