- 29 - charged against or recovered from any recipient or beneficiary of the property taxed". Thus, not only does the will direct that the decedent's death taxes be paid from his residuary estate, but it also directs that the taxes be paid as an administration expense and that they be borne by the residuary estate without charge or recovery from any recipient or beneficiary. In our view, this is equivalent to directing that death taxes not be prorated or apportioned. See Estate of McKay v. Commissioner, T.C. Memo. 1994-362, where the decedent directed that her death taxes be paid out of the residuary of her estate "without adjustment among the residuary beneficiaries, and shall not be charged against or collected from any beneficiary of my probate estate." See also Branch Banking & Trust Co. v. Staples, 461 S.E.2d 921, 926 (N.C. Ct. App. 1995). We reject the estate's contention that the decedent must use the word "apportionment" in order to express the concept that there is to be no apportionment of death taxes. We also reject the estate's contention that the phrase "of the property taxed" in paragraph 1.02 of the will conveys the "decedent's intent to recover the taxes only from those recipients or beneficiaries who receive property subject to tax, i.e., non-charitable bene- ficiaries." We disagree that this phrase, when readPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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