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FIFTH • ~ ~
I direct that the rest, residue and remainder of my estate, ~
of whatsoever the same may consist and wheresoever situate ("r~y
residuary estate"), shall be disposed of as follows:
I• A. If my wife survives me, I direct my executors to ;
set aside that fractional share of my residuary estate (computed -
before the deduction of or provision for any estate. inheritance
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or other deatli taxes or duties, or any interest or penalties ~
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thereon) which shall be necessary to obtain the maximum marital ~
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deduction allowable in determining the federal estate tax upon my
estate, after taking into account all property passing (or wh~ch ~
shall have passed) to my wife other than under this Article FIFTH
(whetlier under ttiis will or otherwise) which qualifies for such
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deduction. In computing the fraction to be used in determining
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this share, the final determination in the federal estate tax
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proceeding in my estate shall control. Only assets which qualify
for said marital deduction shall be allocated to this share. ~
. . _ To
the extent , p ;
i'-~> possible no assets with res ect to which a credit for
foreign death taxes is allowable in computing the federal estate
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~ tax on my estate shall be allocated to this share. It is my
~ intention that this share shall participate r~tably in any in-
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~ crease vr ciecrease of my residuary estace. This share shall be
~ known as the "Marital Share" and the balance of m residuar
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~ estate shall be known as the "Residual Share."
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~ If the effect of any provision of this Will or any
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~ Codicil hereto would be to prevent the allowance of said marital ~
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~ deduction with respect to the Marital Share, then I direct that
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= such offending E~rovision shall not apply to the yarital Share,
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~ and that, so far.as the '~arital Share and its administration are
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; concerned, this Will and any Codicil hereto shall read and take
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~ effect as if such offending provision did not exist. R
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