Estate of Henry A. Lassiter, deceased, Paula Ann Masters Lassiter, administrator, C.T.A. - Page 19

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          property to Mrs. Ann Lassiter is believed to exist but cannot be              
          found.”  Similarly, the petition to this Court contains the                   
               On several occasions in the two year period prior to                     
               his death, Henry told a number of his friends and                        
               business associates that he had executed a new Will                      
               that would make sure that his estate passed to his wife                  
               and children estate tax free (with the effect of                         
               deferring the estate tax liability until the death of                    
               his wife).                                                               
               Unfortunately, when Henry died, no such Will could be                    
               found.  An exhaustive search was made and yet the most                   
               recent Will that could be located was a 1970 instrument                  
               (“1970 Will”) containing an outdated fifty percent                       
               marital deduction formula trust (“Marital Trust”) and a                  
               residuary trust (“Residuary Trust”).                                     
               The significance attached by respondent to these averments               
          appears to have shifted to some degree throughout the litigation              
          process.  The answer states that respondent “Alleges that the                 
          only will at issue is the Will probated by the court; * * * that              
          the will probated by the Court is dispositive of the decedent’s               
          intent for Federal estate tax purposes; and that parol or                     
          extrinsic evidence is inadmissible to alter the terms of the                  
          decedent’s will.”  A like pronouncement is made in the                        
          stipulation of facts signed by the parties on November 1, 1999:               
          “It is Respondent’s assertion that the 1970 Will is the only will             
          of the decedent and that it had not been revoked prior to his                 
          death and was the only will admitted to probate; Petitioner                   
          maintains that a more recent will or codicil exists but cannot be             

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