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Decedent died on August 19, 1992, at the age of 83.
Petitioner filed a Federal estate tax return on November 17,
1993. At the date of her death, decedent was a resident of
Gainesville, Alabama, which is located in Sumter County. She had
resided in Gainesville for 67 years.
Decedent left a Last Will and Testament dated February 18,
1983. Decedent’s son, John A. Rogers III, was nominated in
decedent’s will to be the executor of her estate and was
appointed executor by the Probate Court of Sumter County in
Letters Testamentary dated August 26, 1992.
Decedent was the widow of Barnes A. Rogers, who died on
December 26, 1981, a resident of Gainesville, Alabama. They were
married for 48 years. Mr. Rogers left a last Will and Testament
dated April 27, 1981. Mr. Rogers’ will designated that certain
farmland and timberland be held in trust for the benefit of
decedent (the marital trust). Mr. Rogers’ will also provided
that decedent would have a general testamentary power of
appointment over the corpus of the marital trust. Decedent
exercised that power of appointment by appointing all of the
property in the marital trust to her only son, John A. Rogers
III. The property in the marital trust was properly includable
in decedent’s gross estate for Federal estate tax purposes.
Petitioner properly elected to value five tracts of the real
estate included on the Federal estate tax return under the
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