- 11 - Id. at 1074. We concluded that apportionment language in the will required "that estate and inheritance taxes be paid out of the entire residuary estate." Id. at 1075. We held that the "without apportionment" language meant (1) that the maximized marital deduction safeguarded by the Virginia statute did not apply and (2) that specific bequests under the will did not bear any of the taxes due. Id. at 1076. The pertinent provisions of decedent's will in this case are indistinguishable and do not lead to a different result. Petitioner argues that decedent could not have knowingly opted out of the statute because the statute was not enacted until 1987, 3 years after decedent executed her will. We reject petitioner's position. Although it is true that Texas did not have an apportionment statute in effect when decedent executed her will, the highly specific directive in the will that estate taxes be paid out of the residue "without apportionment" manifests an unequivocal intent that there be no apportionment. Thus, the language of the will compels the result. Further, no other portion of her will indicates a contrary intent. Petitioner contends that, by providing that the estate tax be paid out of the residuary "without apportionment", decedent rejected equal apportionment between Mr. Miller and the trust and intended that the entire estate tax be paid by the trust. This argument is contrary to the recognized meaning of that phrase, asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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