Estate of Charles N. Aronson, Deceased, Barney P. Aronson, Executor - Page 48

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          the estate tax “except in a case where a testator otherwise                 
          directs in his will”.  N.Y. EPTL sec. 2-1.8(a).  Decedent                   
          provided for the payment of estate taxes in the fifth article of            
          the 1993 will.  Accordingly, N.Y. EPTL section 2-1.8 is                     
          inapplicable.                                                               
               Furthermore, the estate relies on a presumption.  Even if              
          the law and public policy favor the marital deduction and presume           
          that taxpayers wish to take advantage of it, the taxpayer’s                 
          express direction overrides this presumption.  Decedent expressly           
          stated on numerous occasions that he would rather pay tax than              
          give up control of his estate.  Whereas decedent indicated in               
          1988 that Bar should fight any valuation of the estate that he              
          felt was excessive and decedent was willing to make $10,000-per-            
          year gifts (although it is not clear that decedent still felt               
          this way when he drafted the 1993 will), decedent wanted control            
          over the property each beneficiary would receive and was not                
          willing to give up this control in order to minimize estate tax.            
          Decedent, when he rewrote his own will, eliminated language                 
          referring to the marital deduction and eliminated QTIP provisions           
          from his wills.                                                             
               The estate also argues that N.Y. EPTL section 10-10.1                  
          (McKinney 2003) provides that Bar was required to distribute all            
          the income of the trust to Jo.  We disagree.  N.Y. EPTL section             
          10-10.1 provides:                                                           






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