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B. Upon the death of my wife (or upon my
death if she shall predecease me), the residuary
trust shall terminate, whereupon the Trustee
shall distribute all accrued or undistributed
net income of the residuary trust to the estate
of my wife. The Trustee shall distribute the
then principal of the trust per stirpes to my
descendants then living, except as provided in
Section IV [which creates separate trusts for
minor beneficiaries].
Mr. Winkler's will further clarifies his intent
concerning the interaction between the marital and
residuary trust as follows:
I intend that the gift to the marital trust
qualify under the marital deduction provisions
of the federal estate tax law applicable to my
estate (except to the extent not elected by my
Executor under the powers given to my Executor
herein), and all provisions of this Will shall,
accordingly, be construed to carry out that
intent. More specifically, if any provision of
my Will or any power (other than the powers to
which reference is made in the preceding
sentence), right, direction or discretion granted
to the Trustee or my Executor hereunder shall
cause the loss of the marital deduction, then
such provision or grant shall be void and of no
effect as to the marital trust.
On or about December 10, 1992, the Estate of Emerson
Winkler filed a United States Estate (and Generation-
Skipping Transfer) Tax Return, Form 706. The return
reported a total gross estate of $1,519,156.55 consisting
primarily of farm land and associated buildings located in
Tazewell County, Illinois, valued at $685,060, and
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