Estate of Ralph H. Davis, Deceased, Evelyn Davis, Personal Representative - Page 7




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               Section Two of the amended trust provides:                             
               Life Estate to Surviving Spouse of Trustor:  After the death           
               of trustor survived by his spouse and during the lifetime of           
               his surviving spouse, the trustee shall pay to or apply for            
               the benefit of the surviving spouse, in quarter annual or              
               more frequent installments, all of the net income from the             
               trust estate as the trustee, in the trustee’s reasonable               
               discretion, shall determine to be proper for the health,               
               education, or support, maintenance, comfort and welfare of             
               grantor’s surviving spouse in accordance with the surviving            
               spouse’s accustomed manner of living.                                  
               Section Three of the amended trust provides:                           
               Designation of Successor Trustees:  The first successor                
               trustee of the Ralph H. Davis Trust shall be his spouse,               
               Evelyn L. Davis.                                                       
                   In the event Evelyn L. Davis shall die, become                    
               incapacitated or otherwise be unable to administer the trust           
               estate, then grantor’s daughters, Carol Tawney Pencke and              
               Mary Martha Bennett, or the survivor of them shall serve as            
               co-trustees without bond.                                              
               Section Four of the amended trust provides:                            
               Guideline - Other Sources:  Beneficiary:  In making                    
               distributions to grantor’s surviving spouse, the trustee, in           
               her reasonable discretion, may consider any other income or            
               resources of the beneficiary known to the trustee and                  
               reasonably available.                                                  
               Section Five of the amended trust provides:                            
               Invasion of Principal for Surviving Spouse - Narrow                    
               Standard:  If the trustee shall determine that the income              
               from this trust and that the income and principal from the             
               surviving spouse’s own trust2 shall be insufficient to                 
               maintain surviving spouse’s health, support, and                       




               2This trust is not directly in issue in the instant case,              
          and shall sometimes hereinafter be referred to as the “Evelyn L.            
          Davis trust”.  The trust in issue is the testamentary trust.                





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Last modified: May 25, 2011