- 6 -
upon his death.1 In the codicil, the decedent indicated that
trustee of the amended trust would receive all of the residue of
his estate. The amended trust named Evelyn Davis as the
successor trustee, whereupon surviving the decedent, she would
become trustee of the amended trust.
The first paragraph of the codicil provides:
I hereby revoke paragraph Article Two, Section 2.1 of my
Last Will and Testament dated February 24, 1993, and in its
place, substitute the following:
I give all of the rest, residue and remainder of
my estate to the trustee under my Declaration of
Trust Dated February 24, 1993 as amended April 9,
1996 or if my said declaration of trust are not in
existence or are ineffective at the date of my
death, to be held in trust on the same terms and
conditions as specified in the trust declaration
and amendment to trust declaration as they existed
at the date of execution of this Codicil to my
Last Will and Testament. [Reproduced literally.]
The second paragraph of the codicil provides that all
personal property found in decedent’s residence shall remain in
the surviving spouse’s possession for her lifetime or so long as
she uses the residence. The third paragraph of the codicil
revoked the appointment of PNC Trust Company of Florida, N.A., as
alternate representative under the will, and nominated the Bank
of Stockton, California, as the alternate representative. The
fourth paragraph confirmed and republished the provisions of the
will not changed by the codicil.
1This arrangement is commonly referred to as a “pour-over”
trust.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011