Estate of Leon Amiel, Deceased, Leon L. Amiel, Administrator, c.t.a. - Page 4

                                         -4-                                          
          four, paragraph A, of the will provides as follows:                         
               If my wife, HILDA, survives me, I direct my Executor to                
               set aside that fractional share of my residuary estate                 
               (computed before the deduction of or provision for any                 
               estate, inheritance or other death taxes or duties, or                 
               any interest or penalties thereon) which shall be                      
               necessary to obtain the maximum marital deduction                      
               allowable in determining the Federal estate tax upon my                
               estate, after taking into account all property passing                 
               (or which shall have passed) to my wife other than under               
               this Article (whether under this my Will or otherwise)                 
               which qualifies for said deduction.  In computing the                  
               fraction to be used in determining this share, the final               
               determination in the Federal estate tax proceeding in my               
               estate shall control.  Only assets which qualify for said              
               marital deduction shall be allocated to this share.  To                
               the extent possible, no assets with respect to which a                 
               credit for foreign death taxes is allowable in computing               
               the Federal estate tax on my estate or which are income                
               in respect to a decedent shall be allocated to this                    
               share.  It is my intention that this share shall                       
               participate ratably in any increases or decreases of my                
               residuary estate.                                                      
               Decedent's will gave the trustees the power to invade the              
          principal of both trusts for the benefit of Hilda, decedent's               
          daughters, and other descendants.  In this regard, article four,            
          paragraph C, of the will provides as follows:                               
               In addition, my Trustees may, at any time or from time to              
               time, pay or apply for the benefit of my wife or for the               
               benefit of any beneficiary of any trust created under                  
               this Will so much or all of the principal of such trust                
               as my Trustees in their sole discretion, deem necessary                
               or desirable for the support, maintenance, health,                     
               education, comfort or general welfare of my wife or any                
               such beneficiary provided, however, that the principal of              
               the Part A trust shall be paid or applied for the benefit              
               of my wife before the principal of [the] Part B trust is               
               so paid or applied for her benefit.                                    
          The will further provides in article five:                                  
                    Without in any way limiting by implication or                     
               otherwise the powers and discretion of my Executors and                




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011