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producing property. A written statement signed by my
said wife and delivered to my Trustee shall be
sufficient for this purpose.
4. Upon the death of my said wife, JOSEPHINE
R. ARONSON, after my death, or in the event my said
wife has predeceased me, then at the time of my death,
the entire remaining principal of this trust, or the
amount which would have constituted the principal of
this trust, as the case may be, shall be paid over and
distributed to my said grandson, BARNEY P. ARONSON, if
he is living at the time, to be his absolutely. In the
event that the said BARNEY P. ARONSON shall predecease
the said JOSEPHINE R. ARONSON, the same shall be paid
over and distributed to my grandson, SCOTT HALEY
ARONSON.
5. I hereby authorize my Executor, in his
sole discretion, to elect that any part or all of the
amount passing under this Article THIRD (C) be treated
as qualified terminal [sic] interest property for the
purposes of qualifying for the marital deduction
allowable in determining the federal estate tax upon my
death.
D. I hereby direct that the for the purpose of
calculating annual Trustee commissions hereunder (and
solely for that purpose), the trusts created under
Paragraphs A, B, and C above shall be aggregated and
treated as one trust and such commissions shall be
charged to each such trust on a pro-rata basis.
The Surrogate’s Court entered the Surrogate’s Court decree
without holding any hearings--no witnesses were called to
testify, no affidavits were submitted, and no evidence was
received by the Surrogate’s Court.
On May 14, 1998, Bar, as executor, timely filed a Federal
estate tax return on behalf of decedent’s estate (the return).
On page 2 of the return, in the schedule for individuals (other
than the surviving spouse), trusts, and estates who received
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