home *** CD-ROM | disk | FTP | other *** search
- .FT L----!----!----!----!----!----!----!----!----!----!----!----!---R
- .TX1 *** TRUSTS - SPECIAL HOUSE CHILDREN DISTRIBUTION OPTION ****
- {>ARTICLE_HEADING}
-
- Special Distribution to House Children. After the deaths of me
- and my {SPOUSE_HUSBAND/WIFE}, the Trustee is authorized expressly,
- in the Trustee's sole discretion, to distribute to the person with
- whom any child of mine less than the age of {CHILD_AGE} resides an
- amount sufficient (after the payment by the recipient of income
- taxes, if any, thereon) to defray the expense of making additions
- or improvements to that person's residence or to purchase a larger
- residence to accommodate my child. The distributee shall not be
- required to reimburse the Family Trust for any amount so expended.
- The Trustee's discretion as to any distribution shall be conclusive
- as to the advisability of the distribution and shall not be subject
- to judicial review. The authority granted herein shall not be
- exercisable by a Trustee whose possession of such authority could
- result in that Trustee's termination causing the imposition of any
- generation-skipping transfer tax.
-
- .TX2 *** TRUSTS - CONTINGENT TRUSTS FOR BENEFICIARIES UNDER 25 **
- {>ARTICLE_HEADING}
-
- Notwithstanding the preceding provisions of this Will, this
- Article shall apply if any part of my estate or any portion of
- the principal of any Trust created in this Will would, upon
- partial or final termination of my estate or the Trust, be
- distributable to a beneficiary (other than a child of mine) who
- has not reached his Twenty-Fifth (25th) birthday and no other
- Trust is created in this Will for that beneficiary. If my
- Executor, Administrator or Trustee, as the case may be, in his
- or its sole discretion so elects, that portion shall be retained
- by the Trustee as a separate Trust for the benefit of the
- beneficiary. Until the beneficiary reaches his Twenty-Fifth
- (25th) birthday, the Trustee shall have the power to accumulate
- all or part of the income of that Trust or to distribute so much
- of the income and principal to, or for the benefit of, the
- beneficiary as the Trustee, in his or its sole judgment and
- discretion, deems necessary for the education, maintenance,
- support and health of the beneficiary. When the beneficiary
- reaches his Twenty-Fifth (25th) birthday, the Trustee shall
- distribute all of the then remaining principal and undistributed
- income of the Trust to the beneficiary. If the beneficiary dies
- before reaching his Twenty-Fifth (25th) birthday, the Trustee
- shall distribute the then remaining principal and undistributed
- income of the Trust to the estate of the beneficiary.
-
- .TX3 *** TRUSTS - ALL TRUSTS TO BE SPENDTHRIFT TRUSTS ***********
- {>ARTICLE_HEADING}
-
- All trusts created by this Will {TRUST_EXCEPTION} shall be
- Spendthrift Trusts subject to the following terms and conditions:
-
- No part of the income or principal of a Spendthrift Trust shall
- be transferred or assigned by any beneficiary or distributee, or
- subjected to any judicial process against any such beneficiary
- or distributee before the same has been paid. No part of the
- interest of any beneficiary or distributee shall be subject to
- sale, hypothecation, assignment or transfer. Nor shall the
- principal or income of any Spendthrift Trust estate be liable
- for the debt of any beneficiary or distributee or be seized,
- attached or, in any manner, taken by judicial proceedings against
- any beneficiary or distributee on account of the debts, sale,
- assignments, divorce or encumbrance of any beneficiary or
- distributee. In accordance with these provisions, the Trustee
- shall pay to the beneficiary or distributee the sum payable to
- the beneficiary according to the Trust terms, notwithstanding
- any purported sale, assignment, hypothecation, transfer,
- attachment or judicial process, exactly as if the same did not
- exist. Nothing contained in this Article shall be construed as
- restricting the exercise of any power of appointment granted in
- this Will.
-
- .TX4 *** TRUSTS - UNDISTRIBUTED INCOME TO BE ADDED TO PRINCIPAL *
- {>ARTICLE_HEADING}
-
- Any income of any Trust not distributed within the first sixty-five
- (65) days following the end of the fiscal year of that Trust shall
- be added to the principal thereof and administered as a part of
- such principal.
-
- If any distribution of property previously held in trust under
- this Will for any beneficiary is to be made to another beneficiary
- for whom the Trustee holds property in another Trust, then such
- distribution may, in the Trustee's sole discretion, be made to
- the latter beneficiary or may be added to and become a part of
- the beneficiary's Trust.
-
- .TX5 *** TRUSTS - TRUSTEE TO HAVE ALL POWERS GRANTED BY LAW *****
- {>ARTICLE_HEADING}
-
- I intend that, for federal estate tax purposes, all or part of
- the value of property passing to the Marital Trust will be
- eligible for the marital deduction allowed by the Internal
- Revenue Code. Therefore the Trustee's powers shall be exercised
- in a manner to result in the allowance of any marital deduction
- authorized in determining the federal estate tax of my estate.
- In addition, it is my direction that my {SPOUSE_HUSBAND/WIFE}
- have that degree of beneficial enjoyment of the Marital Trust
- property accorded to a person who is unqualifiedly designated
- as the life beneficiary trust. Thus, while the Trustee shall
- have the powers granted herein, my {SPOUSE_HUSBAND/WIFE} shall
- have the power by written instrument delivered to the Trustee to
- cause the Trustee to dispose of any non-income producing assets
- in the Marital Trust and to reinvest the proceeds in assets that
- produce income within a reasonable time after such notice.
-
- The Trustee shall have authority to exercise all powers granted
- to trustees by the common law or any applicable statutes (as they
- exist at this date or are subsequently amended), to the extent
- they increase the powers granted to trustees. If, however,
- those powers are in conflict with the provisions of this Will,
- the terms of the Will shall prevail.
-
- .TX6 *** TRUSTS - TRUSTEE POWER TO TERMINATE SMALL TRUSTS *******
- Notwithstanding any other provision of this instrument, the
- Trustee, if not a beneficiary of such Trust, shall have the power
- to terminate any separate Trust established by this instrument
- whenever in the Trustee's opinion such Trust is so small in
- value that the administration thereof no longer is economically
- advisable, considering the financial or special advantages to the
- beneficiaries of continuing the Trust estate. In the event of
- such termination, the Trustee shall distribute the remaining
- Trust assets to my {SPOUSE_HUSBAND/WIFE}, if living, otherwise
- to the income beneficiaries of such Trust, per stirpes.
-
- .TX7 *** TRUSTS - TRUSTEE POWER TO MERGE CERTAIN TRUSTS *********
- If at any time the Trustee of any Trust (other than the Marital
- Trust) created by this instrument shall also be acting as Trustee
- of another Trust for the benefit of the same beneficiary or
- beneficiaries and upon substantially the same terms and conditions,
- the Trustee is authorized and empowered to transfer and merge the
- assets of those trusts into one of them and terminate the other.
- Thereafter the assets of the remaining Trust shall be administered
- and distributed in accordance with the provisions hereof.
-
- .END **************** END OF WILLS08 TEXT ***********************
-