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from property passing outside of this Will
pursuant to the terms of the governing
instrument) shall be paid out of my Residuary
Estate as an administration expense and shall
not be charged against or recovered from any
recipient or beneficiary of the property taxed,
except that my Executor shall recover as provided
by law any death tax attributable to property
over which I have a power of appointment or in
which I have qualifying income interest for life
to the extent that any death tax recoverable by
law is not otherwise paid out of such property.
1.03 PAYMENT OF DEBTS, EXPENSES AND
DEATH TAXES OUT OF TRUST IF RESIDUARY ESTATE
INSUFFICIENT. If my Residuary Estate is
insufficient, either in whole or in part, to
pay all of my legal debts, health care expenses,
funeral expenses, the administration expenses of
my estate and the death taxes payable out of my
Residuary Estate, my Executor shall certify to
the Trustee acting under the Trust Agreement
referred to in Article III, the amount of the
insufficiency, which amount shall be paid out
of the property of the trust as provided in that
instrument.
The decedent's will defines the term "death taxes" as
follows:
ARTICLE X
DEFINITIONS
* * * * * * *
10.02 "DEATH TAXES." The term "death
taxes" means inheritance, estate, supplemental
estate, generation-skipping, transfer and
succession taxes, and any interest and penalties
on these taxes, imposed by reason of my death by
any jurisdiction with respect to property passing
under or outside of the provisions of this Will
or any codicil to it which is includible in my
estate for the purpose of determining such tax,
including, but not limited to, any tax on
property includible under section 2041 (relating
to life insurance proceeds), section 2042
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Last modified: May 25, 2011