T devises a fund in trust to X 'to pay H so much of the income...
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Question:
"T devises a fund in trust to X 'to pay H so much of the income and principal as Xdetermines in X's sole discretion until H attains the age of 35, whereupon X shall distribute the entire trust estate to H.' H, now age 34, is in an acrimonious divorce proceeding with W. To prevent W from having a claim on H's distribution at age 35, X decants the entire trust corpus into a new trust 'to pay H so much of the income and principal as Xdetermines in X's uncontrolled discretion,' dropping the age 35 clause. Has Xacted properly? Does W have standing to challenge X's actions?
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