Estate of Bert B. Rapp, Deceased, Richard L. Rapp, Executor - Page 32

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             right "to all the income from the property, payable                      
             annually or at more frequent intervals", as required by                  
             the definition of qualifying income interest for life, set               
             forth in section 2056(b)(7)(B)(ii)(I).  Further, there is                
             no mention of the marital deduction in the decedent's will               
             nor any evidence from the language of the will that the                  
             decedent intended the trust property to qualify for the                  
             marital deduction.                                                       
                  Notwithstanding the seemingly unambiguous language                  
             used in the decedent's will, the Court allowed petitioner                
             to introduce extrinsic evidence of the facts and                         
             circumstances surrounding the execution of the decedent's                
             1986 will, over respondent's objection.  As discussed                    
             above, the introduction of such evidence is permissible                  
             under California law.  E.g., Hembree v. Quinn, supra at                  
             361-362; Hoover v. Hartman, supra at 673.                                
                  Petitioner introduced the testimony of seven witnesses              
             into evidence and, based thereon, claims to have presented               
             substantial direct and indirect evidence "that the Decedent              
             intended that the residue of his estate qualify for the                  
             marital deduction."  As direct evidence of such intent,                  
             petitioner cites the testimony of three witnesses and                    
             argues in its post-trial brief that the decedent told his                







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