Commissioner v. Estate of Church

Except for its important reservation to the settlor of a right to the net income of the trust during the settlor’s life, the deed of trust in this case1 is largely comparable to the trust instrument in the Spiegel case, 335 U. S. 701. *691Both speak for themselves as complete transfers in praesenti. Neither was made in contemplation of death.

The evidence of the factual intent of this settlor, likewise, is comparable to that of the settlor in the Spiegel *692case. In fact, the affirmative evidence that the settlor intended to make a transfer complete and absolute in praesenti is stronger here than in…