Estate of Marie L. Concordia, Deceased, Edward C. McReady, Executor - Page 17




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          value price or that the lease would cause some other impediment             
          to the sale.  In the circumstances here, Mr. McReady, as                    
          executor, had three basic choices:  (1) Sell Bradley, (2)                   
          distribute it in kind to the nieces as cotenants, or (3)                    
          distribute it in kind to one niece in fee simple.  Because there            
          was insufficient cash and liquid assets to satisfy the debts of             
          the estate and distribute Bradley in kind to one niece, it was              
          necessary to refinance it to accomplish that end.                           
               After Bradley was mortgaged, the estate was divided by                 
          cashing out Mrs. McReady’s sister and transferring to Mrs.                  
          McReady the mortgaged Bradley property and the remainder of the             
          estate, which likely included securities.  Respondent contends              
          that we should be influenced by the fact that most of the                   
          estate’s debt ($95,000) was owed to the executor, Mr. McReady.              
          Respondent contends that this was more to the McReadys’ benefit             
          than the estate’s.  We do not agree with respondent’s reasoning.            
          It makes no difference that the debt was due to Mr. McReady                 
          rather than to a bank.  There is no question about the validity             
          of the debt, so that it makes no difference to whom it is owed.             
               Accordingly, we hold that the estate is entitled to reduce             
          the gross estate by the $10,700 in mortgage settlement fees.                
               To reflect the foregoing,                                              
                                             Decision will be entered                 
                                        under Rule 155.                               






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