-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 andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011