Estate of Betty Pace Miller, Deceased, Jerry D. Walker, Independent Executor - Page 3

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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