Estate of Mildred Green, Deceased, Thomas R. Green, Executor - Page 10

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               Respondent focuses on the language “upon or by reason of               
          which such taxes are assessed and paid” and contends that this              
          language exonerates from payment of estate taxes all gifts,                 
          bequests, and devises other than the residuary bequest to the               
          Lubin-Green Foundation, reasoning that this is the only gift,               
          bequest, or devise that does not constitute property upon or by             
          reason of which such taxes are assessed and paid.  Respondent’s             
          construction may be tenable but is by no means compelled when the           
          specific language that respondent relies upon is read in context            
          with other language in decedent’s will, including the provisions            
          dealing with the residuary bequest to the Lubin-Green Foundation            
          and the residuary bequest in trust to decedent’s grandchildren.             
               For example, if, as respondent contends, the language in               
          question requires the property passing to the Lubin-Green                   
          Foundation to bear all the estate taxes, then that is the                   
          property “upon which” all the taxes are ultimately assessed and             
          paid, and consequently that property would also be exonerated               
          from the payment of estate taxes.  Taken to its logical                     
          conclusion, then, this language might be read to exonerate all              
          gifts, bequests, and devises from being charged with the estate             
          taxes (other than GST tax).                                                 
               Also, in the absence of some clearer expression of                     
          decedent’s intent, we would be hard pressed to infer an intent on           
          her part to allocate all the estate taxes against the charitable            






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