Estate of Eugene E. Stone, III, Deceased, C. Rivers Stone, E.E. Stone, IV, Mary Stone Fraser & Rosalie Stone Morris, Co-Personal Representatives - Page 36

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          above-quoted paragraph in the 1994 plan for settlement because              
          the children were concerned about whether their parents would               
          treat them, as a group, fairly when they decided how to divide              
          their respective assets among their children.  As reflected in              
          the above-quoted paragraph, the children intended and agreed that           
          they would not settle and resolve any of the issues involved in             
          the litigation among the children and the children’s concerns               
          regarding Mr. Stone’s and Ms. Stone’s assets unless their parents           
          agreed to make changes to their respective estate plans that were           
          consistent with the provisions of the 1994 plan for settlement              
          relating to such concerns.                                                  
               In the summer of 1994, Mr. Stone retained David A. Merline             
          (Mr. Merline) to prepare a will for him.  Ms. Stone did not                 
          retain Mr. Merline; at all relevant times she had her own coun-             
               After execution of the 1994 plan for settlement, issues                
          arose with respect to the scope of the authority of the three               
          independent, qualified trustees whom, according to the 1994 plan            
          for settlement, the Probate Court was to select from the four               
          candidates nominated by the children.  Issues also arose with               
          respect to whether such three independent, qualified trustees               
          would be fully indemnified in the event of any further litigation           
          against such trustees by any of the children.  Because of the               
          unresolved issues relating to the scope of authority and indemni-           

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Last modified: May 25, 2011