Estate of David Katz, Deceased, Sarah Katz, Executrix - Page 7

                                        - 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 interpret                    






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011