Estate of Merle Allen Whiting, Jr., Deceased, Vicki Ann Whiting, Executrix - Page 14

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          to the contrary, the “designation of the spouse as sole income              
          beneficiary for life of the entire interest or a specific portion           
          of the entire interest will be sufficient”.  Sec. 20.2056(b)-               
          5(f)(1), Estate Tax Regs.                                                   
               2.   Interpretation of a Trust Agreement                               
               A determination of the nature of the interest that passes to           
          the surviving spouse is made pursuant to the law of the                     
          jurisdiction under which the interest passes.  Estate of                    
          Nicholson v. Commissioner, supra at 672-673.  In the instant                
          case, that is the law of Arkansas.  The decisions of the State’s            
          highest court are conclusive as to that State’s law.                        
          Commissioner v. Estate of Bosch, 387 U.S. 456 (1967).                       
               In Aycock Pontiac, Inc. v. Aycock, 983 S.W.2d 915, 919-920             
          (1998), the Supreme Court of Arkansas stated:                               
               The cardinal rule in construing a trust instrument is                  
               that the intention of the settlor must be ascertained.                 
               Little Rock University v. Donaghey Found., 252 Ark.                    
               1148, 483 S.W.2d 230 (1972).  In construing a trust, we                
               apply the same rules applicable to the construction of                 
               wills.  See Murphy v. Morris, 200 Ark. 932, 141 S.W.2d                 
               518 (1940).                                                            
                    The paramount principle in the interpretation of                  
               wills is that the intention of the testator governs.                   
               In re Estate of Lindsey, 309 Ark. 596, 832 S.W.2d 808                  
               (1992).  This intention is to be determined from                       
               viewing the four corners of the instrument, considering                
               the language used, and giving meaning to all of its                    
               provisions, whenever possible.  Id.; In re Estate of                   
               Conover, 304 Ark. 268, 801 S.W.2d 299 (1990). * * *                    
               The court should give force to each clause of the will,                
               and only when there is an irreconcilable conflict                      
               between two clauses must one give way to the other.                    
               Estate of Lindsey, 309 Ark. 596, 832 S.W.2d 808. * * *                 

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