- 4 - should not have been deducted in determining the value of the bequest. The parties do not dispute the subtraction of the debts from Mrs. Fagan's gross estate before determining decedent's one- half share. Discussion Generally, the value of the gross estate of a decedent includes the value of all of the decedent's property, real or personal, tangible or intangible, wherever situated, to the extent of the decedent's interest therein at the time of death. Secs. 2031(a), 2033. State law determines property interests. Morgan v. Commissioner, 309 U.S. 78 (1940). Thus, our decision on this issue involves a determination of decedent's property rights under Mrs. Fagan's will pursuant to the laws of the State of North Carolina. Where the terms of a will are not clear, unequivocal, and unambiguous, it is the responsibility of the courts to interpret the will. Pittman v. Thomas, 307 N.C. 485, 492, 299 S.E.2d 207, 211 (1983). Under North Carolina law, "'the intention of the testator is the polar star which is to guide in the interpretation of all wills, and, when ascertained, effect will be given to it unless it violates some rule of law, or is contrary to public policy.'" Id. (quoting Clark v. Connor, 253 N.C. 515, 520-521, 117 S.E.2d 465, 468 (1960)). In determining a testator's intent, the will is to be considered as a whole and in light of the circumstances at the time the will was made. Id. Where possible, effect is to be given to every clause, phrase,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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