Estate of Ralph M. Nix, Sr., Deceased, Ralph M. Nix, Jr., Personal Representative - Page 3

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            disposition of a residence and furniture to decedent’s wife                                
            (Frances Nix), the third bequest provides for a pecuniary                                  
            disposition qualifying for the marital deduction, and the fourth                           
            and final bequest provides for a disposition of the residuary                              
            estate to decedent's son.  Furthermore, decedent directs his                               
            personal representative to pay debts and expenses of the estate                            
            and taxes on the estate out of assets of the estate.                                       
                  The marital deduction bequest provides:                                              
                  If she survives me for more than 30 days, I bequeath to my                           
                  wife the smallest amount of the assets of my estate that                             
                  qualify for the marital deduction as will result in the                              
                  lowest federal estate tax being imposed upon my estate,                              
                  after allowing for the unified credit, and any other credits                         
                  and deductions allowable to my estate.  In making the                                
                  computations necessary to determine the amount of this gift                          
                  and bequest, the final determination for federal estate tax                          
                  purposes shall control.  In the sole power and discretion of                         
                  the personal representative, the payment of this amount may                          
                  be made wholly or partly in cash or property as selected by                          
                  the personal representative;  provided, however, that all                            
                  such property so selected shall be valued at the value                               
                  thereof as finally determined for federal estate tax                                 
                  purposes in my estate;  provided further, that in exercising                         
                  this power and discretion, the personal representative shall                         
                  first allot to this gift and bequest the more liquid and                             
                  salable assets of my estate;  and provided further, that in                          
                  no event shall there be included in this gift and bequest                            
                  any asset or the proceeds of any asset (a) which does not                            
                  qualify for the marital deduction for federal estate tax                             
                  purposes, or (b) with respect to which any estate or death                           
                  taxes are paid to any foreign country or any of its                                  
                  possessions or subdivisions, or (c) with respect to which                            
                  any tax credit or deduction shall be available because it                            
                  shall be subject to both federal estate and federal income                           
                  tax.  Notwithstanding anything herein to the contrary, the                           
                  personal representative, in making distributions wholly or                           
                  partly in property, in order to implement this gift and                              
                  bequest, shall distribute to my wife assets, including cash,                         
                  fairly representative, on the date or dates of                                       
                  distribution, of appreciation or depreciation in the value                           





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Last modified: May 25, 2011