Estate of Marion P. Bradford, Deceased, Lizette L. Pryor, Executrix - Page 32




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             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 taxes              






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