- 21 - Decedent's will was drafted by an attorney and contains many terms of art. There is nothing in the wording of decedent's will, in the context in which it was written, or "in the surrounding and attending circumstances" that indicates that the testator intended to limit the power of the executors to borrow funds without a probate court's approval. By incorporating the provisions of Tenn. Code Ann. sec. 35-50-110 into her will, decedent granted the executors of her estate broad powers including the power to borrow without the necessity of procuring judicial authorization therefor, or approval thereof. Cleveland Bank and Trust Co. v. Olsen, 682 S.W.2d 200 (Tenn. 1984). Decedent's will did not require her executors to make a section 6166 election. Decedent's will does not even mention section 6166. The only mention of section 6166 is in the buy-sell agreements. The buy-sell agreements are not mentioned in decedent's will, are not incorporated by reference into decedent's will, and have little or no bearing on the testamentary intent expressed in the will. Decedent did not dictate the manner in which the obligations of her estate were to be satisfied, apart from giving instructions on the order in which her assets were to be employed for that purpose. The amendment to the class B buy-sell agreement modified the Company's obligation to purchase stock from a deceased shareholder's estate. The Company's obligation was notPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011