Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 57




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          IV. Conclusion                                                              
               Christiansen’s daughter made a qualified disclaimer of the             
          property passing to the Trust.  The contingent remainder she                
          retained in the Trust was not a right to receive the property and           
          also was severable from the annuity interest the Foundation held.           
          The estate would have been entitled to deduct the amounts passing           
          to the Trust to the extent of the annuity portion as well as the            
          amounts passing to the Foundation.  For the foregoing reasons, I            
          respectfully dissent as to part I of the majority opinion and               
          concur in the result of part II.                                            
               SWIFT, J., agrees with this concurring in part, dissenting             
          in part opinion.                                                            



























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