Kevin D. Castro and Margarita C. Castro, et al. - Page 9




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          authorized the selection of a new trustee by unanimous vote of              
          the remaining trustees.  One week after the CFT was created,                
          petitioner was appointed a trustee.                                         
               On February 11, 1996, Nelly died.  On February 14, 1996,               
          Steven Castro (Steven), petitioner’s brother, replaced Nelly as             
          trustee.                                                                    
               During the years at issue, only Mrs. Castro received a                 
          fiduciary fee from the CFT.                                                 
               2.  The CCJT                                                           
               The declaration of trust for the CCJT provides very little             
          guidance concerning the function and purpose of the CCJT, even              
          though it directs the trustees to regard it “as their principal             
          guide”.  The declaration of trust summarizes its “purport” as               
          follows:                                                                    
               THE PURPORT of This Instrument is to convey title to                   
               real & personal property to THE BOARD OF TRUSTEES to                   
               CONSTITUTE A TRUST for the Benefit of THE                              
               BENEFICIARIES, with such title held by THE TRUSTEES,                   
               IN-TRUST in joint tenancy, and as Fiduciaries, with                    
               instructions to maintain & preserve such property, for                 
               the duration hereof, AND to provide for an economical                  
               administration of THE TRUST’S CORPUS, including the                    
               effective management of TRUST BUSINESS, AND to make                    
               distributions of Income and/or Corpus to THE                           
               BENEFICIARIES on a pro-rata basis and in amounts                       
               determined within the discretionary powers of THE                      
               TRUSTEES.                                                              
               The nature and principle activity of THIS TRUST, is                    
               first and foremost to preserve and maintain assets.                    
               The conducting of business, including the holding of                   
               title to property, with the necessary management and                   
               control of such TRUST property, are such that there may                
               be attempts by outside concerns, agencies,                             





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