- 24 - allegations thereof by a person in a position to have knowledge of the decedent’s actions, the Supreme Court of Georgia would not find an express revocation to have been effected. Moreover, we cannot deny the logic of the following remarks by the estate on brief: Respondent seeks to inject the mixed contention of fact and law that the full Marital Deduction Will Henry said he had was, unbeknownst to the Estate, (i) executed by Henry, (ii) signed by the required number of witnesses, (iii) with the requisite formalities, and (iv) contained a clause revoking the 1970 Will. The great irony is that Henry’s family and friends searched high and low for sufficient evidence to prove the existence and content of the full Marital Deduction Will for probate purposes. That evidence would have resolved this entire dispute but it could not be found. Consequently, both parties are left to cope with the obsolete 1970 Will. We therefore proceed on the basis that the 1970 will has not been revoked under Georgia law. IV. Qualification for Marital Deduction We next address whether the interest received by Mrs. Lassiter under the 1970 will, as modified by the 1995 disclaimers, qualifies for the marital deduction pursuant to section 2056(b)(7). Section 2056(b)(7) was enacted as part of the Economic Recovery Tax Act of 1981 (ERTA), Pub. L. 97-34, sec. 403(d)(1), 95 Stat. 172, 302. Prior to 1981, no marital deduction had been permitted for the type of interest now sanctioned by this provision. ERTA also effected another significant change to the marital deduction statute in that itPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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