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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