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MATTER OF ESTATE OF SHAPIRO

No. C3-84-1684.

362 N.W.2d 390 (1985)

In the Matter of the ESTATE OF Leonard U. SHAPIRO, a/k/a L. U. Shapiro, Decedent.

Court of Appeals of Minnesota.

Review Granted April 26, 1985.

Attorney(s) appearing for the Case

Lehan J. Ryan, Thomas E. Lund, Oppenheimer, Wolff, Foster, Shepard & Donnelly, St. Paul, for trustees of Trust B.

Robert J. Tansey, Jr., Glen R. Ayres, Timothy J. Oliver, Stacker & Ravich, Minneapolis, for Bertha Shapiro.

Heard, considered and decided by WOZNIAK, P.J., and PARKER and HUSPENI, JJ.

OPINION

PARKER, Judge.

The trustees of a family trust established under the will of Leonard Shapiro appeal from an order determining that the share of the surviving spouse, who elected against the will, should not be charged with payment of any federal estate taxes. They contend the clear language of the statute governing elective shares, Minn. Stat. § 525.16 (1974), requires that federal estate taxes be deducted before the elective share is determined...

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