Legal Opinion

Estate of Edwards v. Commissioner

United States Tax Court

Decided May 18, 1972No. Docket No. 5102-70Published

Decedent bequeathed to his wife the unrestricted right to use any part of the whole of the residuary estate during her lifetime and upon her death any portion not used or disposed of by her would go to his son and his son's heirs.

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Decedent bequeathed to his wife the unrestricted right to use any part of the whole of the residuary estate during her lifetime and upon her death any portion not used or disposed of by her would go to his son and his son's heirs. Held, applying New Jersey law to the language of the will, the surviving widow did not receive a fee simple interest in the residue but she did, however, receive a life estate together with a power of appointment exercisable by her in all events within the meaning of sec. 2056(b)(5) so that the interest passing to her is not a terminable interest as defined by sec.…

1Opinion of the Court

Estate of Walter L. Edwards, Deceased, Robert L. Edwards, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Edwards v. Commissioner

Docket No. 5102-70

United States Tax Court

58 T.C. 348; 1972 U.S. Tax Ct. LEXIS 120;

May 18, 1972, Filed

Decision will be entered for the petitioner.

Decedent bequeathed to his wife the unrestricted right to use any part of the whole of the residuary estate during her lifetime and upon her death any portion not used or disposed of by her would go to his son and his son's heirs. Held, applying New Jersey law to the language of the will, the…

2Cases cited8 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Burlington County Trust Co. v. Di CastelcicalaSupreme Court of New Jersey · 1949
  3. Trafton v. BainbridgeSupreme Court of New Jersey · 1939
  4. Evilsizor v. CommissionerUnited States Tax Court · 1957
  5. BURLINGTON COUNTY NAT. BANK, MEDFORD v. BraddockNew Jersey Superior Court Appellate Division · 1953

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