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(a) The Trustees may, if the Marital Fund is
exhausted, pay the income to my Wife, in monthly or
more frequent installments as may be convenient to her.
(b) In addition to the said payments, if the
marital fund is exhausted, the Trustees may from time
to time pay to my Wife such amounts from the principal
of the Family Fund, as they deem necessary for her
support, maintenance, health and reasonable comfort,
taking into consideration the standard of living to
which she is accustomed at my death.
The Sidney Gore Trust declaration further provided that after
decedent’s death, the lesser of $100,000 or one-fourth of the
assets remaining in the Family Fund would be distributed to each
of Mr. Gore and Ms. Powell, and the balance of the assets would
be divided equally into two separate funds--the Michael Gore Fund
and the Pamela M. Gore Fund.5
On October 20, 1988, Sidney Gore executed his Last Will and
Testament. In his will, Sidney Gore appointed decedent as
executrix, and he bequeathed all personal property to her. The
will devised the residue of his estate to decedent, as the
successor trustee of the Sidney Gore Trust, to be held and
distributed in accordance with the Sidney Gore Trust declaration.
Also on October 20, 1988, decedent executed a Declaration of
Trust Creating the Sylvia Gore Trust (Sylvia Gore Trust
declaration), which contained provisions substantially identical
to those of the Sidney Gore Trust declaration, and a Last Will
5We refer to Pamela M. Gore as Pamela Powell or Ms. Powell
throughout this opinion.
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