-4-
four, paragraph A, of the will provides as follows:
If my wife, HILDA, survives me, I direct my Executor to
set aside that fractional share of my residuary estate
(computed before the deduction of or provision for any
estate, inheritance or other death taxes or duties, or
any interest or penalties thereon) which shall be
necessary to obtain the maximum marital deduction
allowable in determining the Federal estate tax upon my
estate, after taking into account all property passing
(or which shall have passed) to my wife other than under
this Article (whether under this my Will or otherwise)
which qualifies for said deduction. In computing the
fraction to be used in determining this share, the final
determination in the Federal estate tax proceeding in my
estate shall control. Only assets which qualify for said
marital deduction shall be allocated to this share. To
the extent possible, no assets with respect to which a
credit for foreign death taxes is allowable in computing
the Federal estate tax on my estate or which are income
in respect to a decedent shall be allocated to this
share. It is my intention that this share shall
participate ratably in any increases or decreases of my
residuary estate.
Decedent's will gave the trustees the power to invade the
principal of both trusts for the benefit of Hilda, decedent's
daughters, and other descendants. In this regard, article four,
paragraph C, of the will provides as follows:
In addition, my Trustees may, at any time or from time to
time, pay or apply for the benefit of my wife or for the
benefit of any beneficiary of any trust created under
this Will so much or all of the principal of such trust
as my Trustees in their sole discretion, deem necessary
or desirable for the support, maintenance, health,
education, comfort or general welfare of my wife or any
such beneficiary provided, however, that the principal of
the Part A trust shall be paid or applied for the benefit
of my wife before the principal of [the] Part B trust is
so paid or applied for her benefit.
The will further provides in article five:
Without in any way limiting by implication or
otherwise the powers and discretion of my Executors and
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