Estate of Catherine E. Dowell, Deceased, Patricia Low, Executrix - Page 18

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          stated in the will and codicil.  Petitioner stresses that                   
          decedent dealt with her daughter in a businesslike manner, even             
          in personal matters which involved money.  Petitioner believes              
          that the only two possible interpretations that respect                     
          decedent's intent as to the stock are a condition precedent or an           
          option to purchase.  In either event, petitioner argues that the            
          doctrine of probable intent requires us to construe the will in a           
          manner that maximizes the marital deduction, citing In re Estate            
          of Erickson, 74 N.J. 300, 377 A.2d 898 (1977).                              
               2.   New Jersey Law                                                    
               As a general rule, State law determines the property rights            
          and interests created by a decedent's will, but Federal law                 
          determines the tax consequences of those rights and interests;              
          E.g., Morgan v. Commissioner, 309 U.S. 78, 80 (1940).  Because              
          decedent died a resident of New Jersey, the parties agree that              
          New Jersey law governs the construction of her will.  See                   
          Helvering v. Stuart, 317 U.S. 154, 162 (1942).  The decisions of            
          the Supreme Court of New Jersey are conclusive as to that State's           
          law, but we give "proper regard" to relevant rulings of the lower           
          State courts.  Commissioner v. Estate of Bosch, 387 U.S. 456, 465           
          (1967).  For petitioner to receive a marital deduction for the              
          value of the agency stock, it must establish that the stock                 
          passed from decedent to the surviving spouse.  The resolution of            
          this threshold issue depends on the interpretation of the phrase            
          "I give, devise and bequeath all of my stock * * * to my                    




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