Estate of Charles N. Aronson, Deceased, Barney P. Aronson, Executor - Page 41

                                       - 41 -                                         
          her interest in the trust does not qualify for the marital                  
          deduction.7                                                                 
               The estate contends that the language of the 1993 will is              
          ambiguous.  Even if the estate is correct, and we are permitted             
          to look at extrinsic evidence, the extrinsic evidence does not              
          support the estate’s contention that decedent intended (1) to               
          leave his wife all the income from the trust, (2) to enable the             
          estate to qualify for the marital deduction under the terms of              
          the 1993 will, or (3) to minimize the estate’s tax liability.               
               Before the time that decedent executed the 1993 will, the              
          record shows that decedent was aware of the QTIP provisions and             
          the marital deduction.  Before the 1993 will, decedent had a will           
          which contained a QTIP provision.  Mr. Newman was aware of the              
          marital deduction when he prepared decedent’s wills.                        
               Mr. Newman received specific directions from decedent                  
          regarding the provisions and language to be used in the 1993 will           
          (as well as decedent’s prior wills that Mr. Newman worked on).              
          The directions were detailed and explicit.  In order to follow              
          decedent’s directions, Mr. Newman was careful to make sure he               
          used decedent’s words.  Mr. Newman did not draft the following              
          language contained in the 1993 will:  “‘Jo’ is to receive as much           


               7  In light of our holding, we need not address the issue of           
          whether the trust fails to qualify as a QTIP interest, and for              
          the marital deduction, because Jo was not entitled to receive               
          distributions payable annually or at more frequent intervals.               




Page:  Previous  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  Next

Last modified: May 25, 2011