Estate of Leona Engelman, Deceased, Peggy D. Mattson, Executor - Page 4

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               for federal and state income tax purposes, the TRUSTEES                
               may hold all of the Trust Estate as one common fund,                   
               and are not required to make a physical division                       
               thereof.                                                               
                    3.  DIVISION AND ALLOCATION OF ASSETS.  The Trust                 
               Estate, and distributions received by this Trust from                  
               the estate of the deceased SETTLOR (if any), shall be                  
               allocated among the trusts described above as follows:                 
                         A.  Except as provided in Subparagraph B and                 
               Paragraph 4 [relating to simultaneous death], the                      
               entire Trust Estate shall be allocated to TRUST “A.”                   
                         B.  If the surviving SETTLOR, in his or her                  
               capacity as beneficiary, effectively disclaims (under                  
               Code Section 2518 or any successor provision then in                   
               effect) all, or any specific portion, of his or her                    
               interest in TRUST “A”, such disclaimed amount shall be                 
               allocated to TRUST “B” to be held, administered and                    
               distributed according to its provisions.                               
               With respect to Trust A, all income was to be paid to or for           
          the benefit of the surviving settlor; the surviving settlor could           
          direct the trustees to distribute principal at any time and for             
          any reason; and the surviving settlor was granted a power, at his           
          or her death, to appoint any part of the principal and                      
          undistributed income of Trust A.  The latter power was to “be               
          made by last written instrument filed with the TRUSTEES,                    
          effective at the surviving SETTLOR’s death and specifically                 
          referring to this power of appointment.”  Any portion of Trust A            
          not so appointed was to be added to Trust B.                                
               As regards Trust B, net income was to be paid to the                   
          surviving settlor at least annually, and the trustees were                  
          authorized to distribute principal as they determined necessary             






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Last modified: May 25, 2011