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MATTER OF WILL OF MILLER

No. 88-47.

438 N.W.2d 228 (1989)

In the Matter of the Marital Trust Created by the WILL OF Robert L. MILLER. Helen FRIDAY, Executor of the Estate of Bernice M. Miller, Claimant-Appellant, v. EXCHANGE STATE BANK, Trust of the Robert L. Miller Marital Trust, Trustee-Appellee, Elizabeth Youngberg, Arvid Gose, Eleanor Salisbury and Marilee Hicks, Intervenors-Appellees.

Court of Appeals of Iowa.

January 26, 1989.

Attorney(s) appearing for the Case

Charles L. Elson, of Elson & Fulton, Leon, for claimant-appellant.

Robert D. Nelson, of Rasmussen & Nelson, Exira, for trustee-appellee.

William Sidney Smith and Ronald L. Mountsier, of Smith, Schneider, Stiles, Mumford, Schrage & Zurek, P.C., Des Moines, for intervenors-appellees.

Heard by SCHLEGEL, P.J., and SACKETT and HABHAB, JJ.

SACKETT, Judge.

We address the issue of responsibility for payment of federal estate tax and state estate tax as between a marital trust established by the Will of Robert L. Miller and the estate of Robert's wife Bernice who was beneficiary of the trust and had a general power of appointment which she never exercised. We determine the trial court made a correct determination of the responsibility for taxes and affirm.

Appellant is Helen Friday, executor of...

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