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d. If said spouse should at
any time be determined as
incompetent * * *, said
spouse shall take no
benefits hereunder and
this Trust shall be
treated and distributed
as if said spouse had
died.
2. After the death of the surviving
spouse or after the incompetency of
the surviving spouse * * *
a. All property in TRUST A,
including income, shall
be distributed to such
appointee or appointees
in the manner and
proportions as the
surviving spouse may
designate by Will
expressly referring to
this general power of
appointment, including
the power in said spouse
to appoint all thereof to
said spouse's estate,
free of any Trust
hereunder. Such general
power of appointment
shall exist immediately
upon the death of the
first one of us to die
and shall be exercisable
by the surviving spouse
exclusively and in all
events.
b. Any portion of TRUST A
which is not effectively
disposed of by the above
provision shall be
divided into six (6)
equal shares so as to be
disposed of in cash or
property, in kind, as the
Trustee deems best in the
Trustee's complete
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Last modified: May 25, 2011