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decedent bequeathed the residue of her estate 50 percent to
Mr. Miller and 50 percent to the trust.
With respect to the estate tax, article II of the will
provided:
I direct that all estate, inheritance, transfer
and succession taxes, including interest and penalties
thereon * * *, if any which may be lawfully assessed by
reason of my death, with respect to any of my property,
whether or not such property passes under the terms of
this Will and including the proceeds of life insurance
on my life, shall be borne by my residuary estate.
Such payment shall be made as an expense of
administration without apportionment and without
contribution or reimbursement from anyone whomsoever,
including beneficiaries of policies of insurance on my
life. [Emphasis added.]
Section 10.1.13 of the trust referred to payment of estate tax,
as follows:
Power to Aid Estates of Grantors: The Trustee, if
funds or property be available and unless otherwise
directed by the Will of either Grantor, may within his
discretion pay any portion of the Estate, inheritance,
legacy and transfer taxes levied by reason of the death
of either Grantor including any part thereof which is
attributable to the Trust Estate. Such amounts so paid
shall be made only from that portion of the Trust
Estate that shall be then includable in the taxable
Estate of the decedent against whom such taxes are
assessed, and shall not be made out of property
excluded from the taxable Estate of the decedent in
question * * *. The Trustee shall also cooperate with
the executor or administrator of the Estate of either
Grantor, in making funds available to either of such
Estates in order to assist in the payment of any such
taxes * * *.
In the will, decedent appointed Jerry D. Walker (Walker)
independent executor of the estate and trustee of the trust.
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Last modified: May 25, 2011