- 18 - (citing Fies v. Feist, 224 S.W. 633 (Ark. 1920)); see also Estate of Harp v. Harp, 875 S.W.2d 490, 491 (Ark. 1994). “[I]t is * * * [the court’s] duty to consider the * * * [trust] as a whole and to reach ‘the real purpose and intention of the testator.’” Angel v. Angel, 655 S.W.2d 373, 374 (Ark. 1983) (quoting Union Trust Co. v. Madigan, 35 S.W. 349 (Ark. 1931)). 3. Decedent Intended To Qualify for the Marital Deduction In interpreting two conflicting clauses, we must determine the decedent’s intent, using the four corners of the trust agreement. See Aycock Pontiac, Inc. v. Aycock, 983 S.W.2d at 919-920; see also In re Estate of Lindsey, supra at 812 (“The paramount principle in the interpretation of wills is that the intention of the testator governs.”). We find that, considering all language in the trust agreement, decedent’s intent was to qualify for the marital deduction. Decedent manifested his intent to qualify for the marital deduction in numerous ways. First, the trust agreement named two of the trusts in reference to the marital deduction: The “Marital Deduction Trust” and the “Non-Marital Deduction Trust”. The name of a trust is evidence of decedent’s intent. Second, it is evident from the trust agreement that decedent intended to minimize Federal estate taxes through the use of the marital deduction. See Estate of Todd v. Commissioner, 57 T.C. 288, 294 (1971) (references to the marital deduction andPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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