- 13 - 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...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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