Ruby Jean Stevens - Page 5




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          granted a general testamentary power of appointment.  In the                
          event petitioner does not exercise her power of appointment, the            
          remaining Trust principal and income will be distributed to Sedra           
          upon petitioner's death.                                                    
               The Trust Agreement also provides that, if any person                  
          initiates legal proceedings to invalidate the Trust or to claim             
          an interest in the Trust, except as otherwise provided in the               
          Trust Agreement, the Trustee shall distribute $1 to such person,            
          and, if such person is a beneficiary of the Trust, that person              
          shall not receive any benefits under the Trust Agreement.                   
               Under the terms of the Trust Agreement, the Trustee is                 
          required to furnish an annual accounting to each beneficiary who            
          is entitled to receive Trust income or principal.  On May 18,               
          1993, Garland's attorney wrote to petitioner's attorney demanding           
          an accounting for Trust beneficiaries.  At that time, Garland was           
          not an income beneficiary, and all principal distributions to               
          which he was entitled under the terms of the Trust Agreement had            
          been made to him.                                                           
               On December 2, 1993, Garland filed a lawsuit against                   
          petitioner, individually and as beneficiary and Successor Trustee           
          of the Marital Trust, and Sedra.  The complaint initiating the              
          lawsuit stated five "claims for relief" against petitioner and              
          Sedra.  They were as follows:                                               







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Last modified: May 25, 2011