Estate of Sylvia Gore, Donor, Deceased, Pamela Powell, Personal Representative - Page 16




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          account, and various dividends and accrued interest payments with           
          respect to the assets mentioned in (3) above, the cumulative net            
          value of which was in excess of $3,800,000.  Sidney Gore’s estate           
          claimed a marital deduction of $4,411,359 on Form 706 for the               
          property distributed to decedent and the Marital Fund.  The Form            
          706 reported a taxable estate of $642,411.12                                
               On October 8, 1997, the district court issued an Order                 
          Allowing Final Account, Determination of Heirship and Final                 
          Decree of Distribution in the Estate of Sidney Gore.  This order            
          authorized the distribution of GRDA bond No. 1, GRDA bond No. 5,            
          and any other property not otherwise mentioned or distributed to            
          Ms. Powell as successor trustee of the Sidney Gore Trust.13                 
          Modification of Decedent’s Estate Plan                                      
               On December 23, 1996, decedent executed a Uniform Durable              
          Power of Attorney in which she designated Ms. Powell her                    


               12The Form 706 for the Estate of Sidney Gore is the only               
          documentary evidence in the record as to whether the assets                 
          enumerated in the Order of Partial Distribution dated Dec. 30,              
          1996, were distributed to the Sidney Gore Trust, or that the                
          Marital Fund, in fact, was funded.                                          
               13The record does not disclose why both the Dec. 30, 1996,             
          order and the final order of Oct. 8, 1997, authorized the                   
          distribution of GRDA bond No. 1 and why neither order                       
          specifically authorized the distribution of GRDA bond No. 4, if             
          it existed, and GRDA bond No. 6.  We shall assume, for purposes             
          of this opinion, that the reference to “any other real or                   
          personal property not inventoried and appraised in this estate              
          and not referred to herein” in the final order of Oct. 8, 1997,             
          operated to authorize the distribution of GRDA bonds Nos. 4 and             
          6.                                                                          





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