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The provisions shall be so construed and questions
pertaining to TRUST A shall be resolved accordingly.
With respect to the administration and distribution of the
assets in Trust A, Article VII of the Agreement provided:
1. During the life of the surviving
spouse who remains competent as set
forth in Article XXIII[2] * * *
a. The net income, beginning
as of the date of the
first to die, may be paid
to said spouse in
quarterly or other
convenient installments
during the life of said
spouse.
b. The Trustee may pay to
said spouse or apply for
the benefit of said
spouse such amounts of
principal as the Trustee
deems necessary or
advisable for the proper
care, comfort, support,
maintenance, and welfare
of said spouse, including
reasonable luxuries.
c. Said spouse shall
withdraw any amount or
all of this Trust by
written request to the
Trustee.
2 Article XXIII provides that: "Incompetency * * * simply
means 'unable to handle ones [sic] affairs with adequate
competence'". Article XXIII also provides that successor
trustees are directed "to sign * * * [a form declaring the
surviving spouse incompetent] if, in each Successor Trustee's
complete discretion it will preserve the assets of this Trust."
Article XXIII further provides that the surviving spouse, if
incompetent, is "barred from receiving any of the benefits of
this Trust."
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Last modified: May 25, 2011