Estate of Helen Bolton Jameson, Deceased, Northern Trust Bank of Texas N.A., Independent Executor - Page 13

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          which I own, as such shares exist and are valued by independent             
          appraisal as of my date of death.”                                          
               A similar provision in the Will bequeathed the residuary of            
          the Estate to Andrew and Dinah in equal shares of one-half each,            
          with Andrew's share to be satisfied first out of the shares of              
          Johnco, as valued by independent appraisal as of the date of                
          decedent’s death.  Consequently, the amount passing to both                 
          Andrew and Dinah under the Will was dependent on the valuation of           
          the Johnco stock held by decedent on her date of death.                     
               B.   Family Settlement                                                 
               On December 23, 1993, before respondent had raised any                 
          question regarding the valuation of decedent's Johnco stock,                
          Andrew and Dinah entered into a family settlement and release               
          agreement6 (family settlement agreement) whereby Andrew was                 
          allocated the remaining 80,485 shares7 of decedent's Johnco stock           
          at an agreed-upon date of death value of $4,025,000.8  Dinah was            


               6 The Texas family settlement doctrine provides that parties           
          to a will are free to decide among themselves how property should           
          be distributed, and such settlements are given substantial                  
          deference under Texas law.  See Shepherd v. Ledford, 926 S.W.2d             
          405 (Tex. App. 1996); In re Estate of Hodges, 725 S.W.2d 265                
          (Tex. App. 1986).                                                           
               7 Under the valuation assumptions employed by Northern                 
          Trust, 80,485 shares remained in the Estate after transferring              
          2,380 shares of Johnco stock to Andrew to fund his share of the             
          unified credit bequest.                                                     
               8 As noted supra, in December 1992, approximately 1 year               
          prior to the settlement, Northern Trust had hired RPR to value              
          the Johnco shares for purposes of decedent's Form 706.  In the              
          Decedent Appraisal, RPR had appraised the liquidation value of              
          Johnco at $4,200,000 as of decedent’s date of death.  The 80,485            
                                                             (continued...)           

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