Estate of Eugene E. Stone, III, Deceased, C. Rivers Stone, E.E. Stone, IV, Mary Stone Fraser & Rosalie Stone Morris, Co-Personal Representatives - Page 9

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               have failed to manage the Trusts’ assets in a fashion                  
               designed to generate income for the Trusts in an amount                
               sufficient to enable the Trustees to distribute di-                    
               rectly to all adult beneficiaries (and to the par-                     
               ent/guardians of beneficiaries who are minors) income                  
               in an amount sufficient to meet the “standard” as set                  
               forth in Article II and Article III as the 1976 Decla-                 
               ration of Trust to each and every beneficiary each                     
               year, such “standard” being stated in such 1976 Trust                  
               as follows:                                                            
                              (1) “reasonable health care”                            
                              (2) “support in his or her accustomed manner            
                              of living”                                              
                              (3) “maintenance”                                       
                         Since 1976, the Trustees have produced no                    
               income whatsoever to the Trusts from Trust investments                 
               and have made no distributions to the beneficiaries to                 
               meet the “standard” for such annual distributions as                   
               quoted above.                                                          
                  *       *       *       *       *       *       *                   
                    26. Notwithstanding the substantial net earnings                  
               of Stone Manufacturing Company, Inc., * * * the Direc-                 
               tors have neglected, failed and refused to ever declare                
               a dividend for distribution of profits to shareholders.                

                  *       *       *       *       *       *       *                   
                    28. While Respondents, E.E. STONE, IV and C.                      
               RIVERS STONE, as officers and directors of Stone Manu-                 
               facturing Company, Inc., have taken and received sub-                  
               stantial income and benefits for themselves, from                      
               Stone Manufacturing Company, Inc., they have, in their                 
               positions as Trustees, withheld and denied any similar                 
               income and benefits to the shareholders of the company                 
               and the beneficiaries of the Trusts.                                   
               On April 28, 1992, Ms. Morris, Ms. Fraser, and their respec-           
          tive children filed a motion in the Probate Court for immediate             
          restraining orders precluding Eugene Earle Stone, IV, C. Rivers             

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