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I desire and direct that all my just debts be paid
without unnecessary delay by my Co-Executors,
hereinafter named and appointed.
ARTICLE II
I direct that all federal estate taxes and all
costs of administration be paid from the residuary
portion of my estate, * * * in order that that portion
of my estate passing to my son, Harry Fagan, Jr. under
Article III of this Will, will not be diminished
because of the payment of federal estate taxes. I
further direct that all state inheritance taxes be
assessed against the receiving beneficiary.
ARTICLE III
I give and bequeath to my son, Harry Fagan, Jr.,
one-half of my gross estate. This bequest is not to be
diminished because of any federal estate taxes which
are assessed against my estate, but my son is
responsible for the payment of his state inheritance
taxes from his share.
* * * * * * *
ARTICLE XV
All the rest and residue of my property, after the
payment of federal estate taxes, shall be divided into
two equal shares [one share was to be paid to a
granddaughter and one share was to be held in trust for
a grandson]. * * *
In calculating the amount of Mrs. Fagan's bequest to
decedent as reported on her Federal estate tax return, the
executor of Mrs. Fagan's estate subtracted administrative
expenses ($209,186) and debts ($11,765) from her gross estate
($4,875,844) and then multiplied the remaining amount by one-
half, for a result of $2,327,447. Respondent determined that the
amount included in decedent's gross estate as the bequest from
Mrs. Fagan's estate should be increased by $104,593 (half of the
total administrative expenses) on the ground that such expenses
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