- 7 - enumerated shareholding interests identified in the Disclaimer.” We agree with respondent’s interpretation of decedent’s will and the Disclaimer. Pursuant to Article THIRD (A) of decedent’s will, the Trust was to be created and funded with an amount equal to the “aggregate federal estate tax exemption equivalent”. Article THIRD (A) further provides that this amount should not be reduced on account of any disclaimer by Sarah Katz. Article FOURTH (B) of decedent’s will provides that if Sarah Katz “disclaims any interest in any portion of the property otherwise passing outright to her * * * such portion instead shall be added to the trust created under Article THIRD”. Thus, the Trust was to be funded with an amount equal to the “aggregate federal estate tax exemption equivalent” and with any interests disclaimed by Sarah Katz. Respondent correctly determined that the securities disclaimed by Sarah Katz should be added to the property passing to the Trust, as required by Article FOURTH (B) of decedent’s will. Thus, the Trust was funded with the “aggregate federal estate tax exemption equivalent” and the securities specified in the Disclaimer. The estate argues that decedent intended for the Trust to be funded only with the “aggregate federal estate tax exemption equivalent”. The estate argues that we should interpretPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011