Estate of Betty Pace Miller, Deceased, Jerry D. Walker, Independent Executor - Page 11

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            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, as                           





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