- 32 - thus safeguards against distributing too much to the noncharitable beneficiary. A different provision of the trust agreement, paragraph 6.02B, governs the "payment of bequests, debts, expenses and taxes". In this payment provision, the trust agreement directs that the amounts of bequests, debts, expenses, and death taxes which are certified for payment by the decedent's personal representative "shall be paid first from the Trust property which is subject to allocation under Article V." Significantly, paragraph 6.02 states that it shall apply "notwithstanding the directions previously given as to the disposition of the Trust after the Grantor's death". Thus, as we read paragraph 6.02B of the trust agree- ment, any death taxes which are certified for payment by the decedent's personal representative are to be paid before the trust property is allocated to the two trust beneficiaries and, thus, before the share of the charitable beneficiary is determined. In effect, any death taxes that are certified for payment by the decedent's personal representative reduce the amount of property to be distributed to the charitable beneficiary. In summary, we agree with respondent that the decedent's will, in substance, directs that the death taxesPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011