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Exhibit 8-H also contained a provision that was designed to
ensure that, if decedent should disclaim his survivorship
interest in any joint tenancy property, it would not pass to him
as part of the residue of Mrs. Chamberlain's estate:
3. To the extent that property passes by reason
of this disclaimer to the residue of my deceased
spouse's estate, and to the extent that I have an
interest in the residue of my deceased spouse's estate
pursuant to Section 5.1 of her Will, I hereby make
the following further disclaimer with respect to the
residuary provision of Section 5.1:
I disclaim the right to receive the sum of
$525,000 from the residue of my wife's estate, as
provided in Section 5.1, and acknowledge that
this disclaimed sum shall be distributed to the
trustee, to be held as described in the Family
Residuary Trust established in that section.
Due to inadvertence, Messrs. Meyer and Kadish never completed
Exhibit 8-H by listing the assets to be disclaimed therein, and
decedent never signed Exhibit 8-H or its equivalent. According
to Mr. Meyer, "It was intended to have been done and wasn't
done."
Other than Exhibit 8-H, no other document specifically
identified as a written disclaimer was prepared by decedent or by
anyone else on his behalf. None of the documents admitted into
evidence, including the pages of Exhibit 5-E and the Probate
Inventory refer to any specific disclaimed assets of any kind.
On April 30, 1993, acting in his capacity as personal
representative of the Estate of Mrs. Chamberlain, decedent signed
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