-3-
of Practice and Procedure. All dollar amounts are rounded.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found. The
stipulation of facts and the attached exhibits are incorporated
herein by this reference.
Leon Amiel (decedent) was a resident of Island Park, New York,
at the time of his death on October 1, 1988. He was survived by
his wife, Hilda Amiel (Hilda); two daughters, Katherine and Joanne;
an illegitimate son, David; and four grandchildren.
Decedent executed his Last Will and Testament on July 10,
1980. In addition to specific bequests, decedent's will
established two residuary trusts identified as "Part A" and "Part
B". The will provided that the income from each trust was to be
paid to or applied for the benefit of Hilda. She had a testamentary
general power of appointment over the assets of the Part A trust.
Upon Hilda's death, the income from the Part B trust was to be paid
to her daughters until their death, and then to the daughters'
children until they reached the age of 21, at which time the trust
corpus would be distributed to the grandchildren. On the death of
Hilda, the amount of the Part A trust that was not effectively
disposed of by Hilda through exercising her power of appointment
was to be combined with the then corpus of the Part B trust.
Under decedent's will, the Part A trust was to be funded with
an amount equal to that necessary to obtain the maximum marital
deduction allowable under Federal law. In this regard, article
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