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gift by trust

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 318 U.S. 176 - Smith v. Shaughnessy · 1943Most cited · 363 citing opinions

The essence of a gift by trust is the abandonment of control over the property put in trust. The separable interests transferred are not gifts to the extent that power remains to revoke the trust or recapture the property represented by any of them, or to modify the terms of the arrangement so as to make other disposition of the property.