- 18 - 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 myPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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