- 32 - 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 hisPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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