Estate of Marion P. Bradford, Deceased, Lizette L. Pryor, Executrix - Page 35

                                        - 35 -                                        
             agreement provides in paragraph 6.02B that any death taxes               
             that 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";                
             that is, before the share of the charitable beneficiary is               
             determined.  Therefore, any death taxes certified under                  
             paragraph 1.03 of the will for payment from the trust                    
             property are paid under paragraph 6.02B of the trust                     
             agreement before the trust property is allocated between                 
             the trust beneficiaries and, like the death taxes paid                   
             from the decedent's residuary probate estate, reduce the                 
             property allocated to the charitable beneficiary and,                    
             thus, reduce the amount of the charitable deduction.                     
                  Based upon the foregoing,                                           

                                           Decision will be entered                   
                                      under Rule 155.                                 

Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  

Last modified: May 25, 2011