Estate of Betty Pace Miller, Deceased, Jerry D. Walker, Independent Executor - Page 5

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            (1973), affd. 506 F.2d 1144 (10th Cir. 1974); Thompson v.                                   
            Thompson, 149 Tex. 632, 236 S.W.2d 779, 789 (1951).  Accordingly,                           
            interpretation of decedent's will regarding payment of estate tax                           
            is governed by Texas law.                                                                   
                  In 1987, the Texas legislature enacted Texas Probate Code                             
            section 322A, which provided for the apportionment of estate and                            
            inheritance taxes for Texas residents.  That statute was amended                            
            in 1991.  The amended statute became effective on September 1,                              
            1991, and applied to the estates of decedents who died on or                                
            after that date.  This statute provides, in pertinent part, as                              
            follows:                                                                                    
                        (b)(1) The representative shall charge each person                              
                  interested in the estate a portion of the total estate                                
                  tax assessed against the estate.  The portion of each                                 
                  estate tax that is charged to each person interested in                               
                  the estate must represent the same ratio as the taxable                               
                  value of that person's interest in the estate included                                
                  in determining the amount of the tax bears to the total                               
                  taxable value of all the interests of all persons                                     
                  interested in the estate included in determining the                                  
                  amount of the tax.  * * *                                                             
                        (2) Subdivision (1) of this subsection does not                                 
                  apply to the extent the decedent in a written inter                                   
                  vivos or testamentary instrument disposing of or                                      
                  creating an interest in property specifically directs                                 
                  the manner of apportionment of estate tax * * *.                                      
                             *     *     *     *     *     *     *                                      
                        [4](c) Any deduction * * * allowed by law in                                    
                  connection with the estate tax inures to a person                                     
                  interested in the estate as provided by Subsections                                   
                  (d)-(f) of this section.                                                              







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