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determined for probate purposes, after the payment af all debts, clainzs
and expenses of administration,
- Section 3, Designation oE Property, I authorize my executors ~
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to pay over, deliver, assign. transfer and convey to my wife and to my ~
trustees, in satisfaction of the foregoing devises and bequests, cash or pro-•
perty in kind; to select and designate the property, whether cash or securi-
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ties, or real property~ or interest in real property, which shall be paid to
my ~vife or placed in trust, but only at values thereof as finally determined
for federal estate tax purposes. In no event shall there be paid to my wife " ~
or included in the said trust any unproductive property within the meaning
of the applicable tax laws, nor other property with respect to whicb the
marital deduction would not be allowed if it were included. If my execu- ,
tors shall have a choice of dates in valuing property in my estate, there
shall be elected the date which causes the lowest estate tax on my estate.
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; Section 4. Diseretion of Executors. If my executor shall, in
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~ good faith, decide that there is uncertainty as to the inclusion of particular
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~ property in my gross estate for federal estate tax purposes, such property
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' shall be excluded from my gress estate in my estate tax return. My execu-
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tors shall not be liable for any loss to my estate. or to any beneficiary,
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resulting from a decision made in good faith and in the exercise of due caze ;
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~ that there is uncertainty as to the inclusion as to any particular property in ~
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~ my estate, : ~
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~ Section 5. Income To or For Wife for Life, Commencino witn
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~ tne date of my death, my trustees shall pay over to or apply for the benefit ~
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- of my wife, MARY W, TOOLE, in convenient installments, as nearly equal
z; as practicable, and at least quarter annually, all of the net income from-tne ~
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= said trust as shown on the federal income tax return before tne deduction of ~
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~y income distributable to her.
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