Estate of Hon Hing Fung, Deceased, Bernard Fung, Executor - Page 20




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          residue as a whole,4 the estate has failed to prove the amount of           
          the allowable deduction.  See Rule 122(b).  The estate at no time           
          offered evidence to establish the value of the foreign residuary            
          assets.  The sole allegation regarding a specific dollar figure             
          for the foreign residue appears to be a statement in the                    
          uncontested distribution agreement filed by decedent’s                      
          beneficiaries in connection with the California spousal property            
          petition, wherein it is recited that “The residue consists of               
          certain property located in Hong Kong having an estimated value             
          of U.S. $600,000.”   Such statement is by its very terms an                 
          estimate or approximation and falls short of constituting                   
          reliable proof.  In addition, although both parties seem to have            
          accepted $729,339 as the value of the foreign gross estate, they            
          have not identified the portion of that amount which was                    
          administered under the residuary clause of decedent’s will.  A              
          similar shortcoming adheres with respect to the assets lists                
          accompanying the Hong Kong CERTIFICATE OF EXEMPTION FROM ESTATE             
          DUTY, which, while included as part of the record, have been                
          offered without further explanation of the relationship, if any,            
          of the enumerated items to the provisions of decedent’s will.               



               4 It is by no means certain that this argument would                   
          prevail.  See discussions by the following well-known                       
          commentators:  4 Casner, Estate Planning, sec. 13.5.2, at 87 (5th           
          ed. 1988); Manning et al., Manning on Estate Planning, sec. 2.7,            
          at 2-31 (5th ed. 2001); Covey, The Marital Deduction and the Use            
          of Formula Provisions, 95 (2d ed. 1978).                                    





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