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In the event that Mrs. Winkler failed to survive him,
Mr. Winkler left all of his tangible personal property to
his children per stirpes. Mr. Winkler left the residue of
his estate to the "Trustee of the Trust Estate", naming
Mrs. Elizabeth Winkler as the Trustee. He directed the
Trustee to create two separate trusts: A marital trust and
a residuary trust.
Mr. Winkler's will directs the Trustee to fund the
marital trust as follows:
A. If my wife is living at my death, then
as of the date of my death the Trustee shall set
out of the trust estate a separate trust, herein
called the marital trust, and shall allocate to
such trust that amount of eligible trust property
which will result in the least federal estate tax
being payable because of my death but not more
than the smallest amount that will result in no
such tax. The Trustee shall determine this
amount after giving effect to the exercise or
proposed exercise of tax elections and shall take
into account prior taxable gifts of the testator
and the federal credit for state death taxes only
to the extent that state death taxes are not
thereby incurred or increased.
The will instructs the Trustee to distribute property from
this trust as follows:
(1) Commencing with the date of my death,
all of the income from this marital trust shall
be paid to my wife, W. ELIZABETH WINKLER, in
convenient installments, but at least as often
as annually, during her lifetime.
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