Estate of Marion P. Bradford, Deceased, Lizette L. Pryor, Executrix - Page 23




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             apportionment statute, with the result that the statutory                
             exception, N.C. Gen. Stat. sec. 28A-27-5(a), under which                 
             Federal estate tax is not apportioned to charitable                      
             bequests, applies to the gift or bequest to Millbrook                    
             United Methodist Church.  Implicit in the estate's argument              
             is the assumption that the Court must find two things in                 
             order to conclude that the decedent opted out of the North               
             Carolina apportionment statute:  (a) That the decedent                   
             intended all death taxes to be paid from the probate                     
             residuary estate, and (b) that the decedent intended to                  
             apportion death taxes to all beneficiaries, including                    
             the charitable beneficiary.  According to the estate, the                
             decedent's will directs that death taxes be paid from the                
             trust, not from the probate residuary estate, and the will               
             does not make specific reference to the "apportionment" of               
             death taxes.                                                             
                  Finally, the estate argues that the language used by                
             a decedent to opt out of the North Carolina apportionment                
             statute must be clear, unequivocal, and unambiguous; and,                
             if there is any ambiguity in the language, then the Court                
             must apply the North Carolina apportionment statute,                     
             including the exception for charitable bequests.  According              
             to the estate, the language of paragraph 1.02 of the                     
             decedent's will and paragraph 6.02B of the trust agreement               






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