- 16 - will does not render the trust provisions superfluous or meaningless--as petitioner contends. See Marlin v. Kelley, 678 S.W.2d 582, 587 (Tex. App. 1984, writ granted 1985), affd. Kelley v. Marlin, 714 S.W.2d 303 (Tex. 1986). The trust merely provides an alternative plan of payment in case the primary direction of decedent in article II fails for whatever reason. Wills commonly contain such provisions to accommodate different scenarios upon death. Petitioner, citing no authority, also contends that various portions of the Texas statute guarantee the marital deduction regardless of decedent's intent regarding apportionment. Petitioner claims that this construction of the statute is supported by compelling public policy because the marital deduction was designed to protect interests of surviving spouses and should not be an unreasonable trap for the unwary. These arguments are unsupported by the language or structure of the statute, and no other apportionment statute has been interpreted in this manner. Subsection (b)(1) of section 322A of Texas Probate Code sets forth the general apportionment rule, and subsections (c) through (y) are provisions setting forth how the general rule is to be carried out. Subsections (c) through (y) do not act independently of the general apportionment provision, but rather supplement it. Thus, subsections (c) and (d) do not guarantee that the marital deduction always inures to the benefitPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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