Love v. St. Louis Union Trust Company

I must respectfuly dissent.

This case was heard originally in Division One which adopted an opinion written by Commissioner Higgins. That opinion held that Article IX of the Trust Indenture specifically required the trustee to pay that fraction of death taxes which equalled the proportion that trust assets bore to the taxable estate, and that such provision could be altered or amended only by written notification “executed by the Grantor and delivered to the Trustees,” pursuant to Article VI of the Indenture. In so holding, the opinion used this language : “This reservation of the power to…