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(2) During the life of my said wife, the
trustee shall distribute all or any portion of
the principal of the marital trust to any
persons, including herself, whom my said wife
may from time to time appoint by instrument
in writing and deliver to the Trustee in her
lifetime. Any appointment by my wife may be of
such estates and interests and upon such terms,
trusts and conditions as my wife shall determine.
* * * * * * *
(5) If my wife survives me but disclaims
any part or all of the property which would
otherwise be held in the marital trust, I give
such disclaimed property to the Trustee of the
residuary trust to be administered as part
thereof for the benefit of those persons,
including my wife, referred to thereunder.
Mr. Winkler's will further directs that the balance of
the Trust Estate (i.e., the portion not allocated to the
marital trust) be held in a separate trust which he termed
the "residuary trust". The residuary trust is governed by
the following provisions:
A. Commencing with the date of my death,
the Trustee shall pay to my wife, W. ELIZABETH
WINKLER, the net income of the residuary trust in
convenient installments during the remainder of
her lifetime, at least as often as annually. If,
at any time, or from time to time, in the sole
opinion of the Trustee, the income payable to my
wife, together with such other funds available to
her from other sources, and known to the Trustee,
is insufficient for the following purposes, the
Trustee may pay to her from principal such
amounts as the Trustee, in the Trustee's
discretion, deems necessary for her needs for
support, maintenance and health, including
hospital and institutional care.
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