Estate of Eugene E. Stone, III, Deceased, C. Rivers Stone, E.E. Stone, IV, Mary Stone Fraser & Rosalie Stone Morris, Co-Personal Representatives - Page 41

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                    (ii) The deeds to 1,054.415 acres [of the Cedar                   
                         Mountain property] from E.E. Stone III to the                
                         Mary Fraser Limited Partnership will reserve                 
                         for the 1,054.415-acre tract a * * * quali-                  
                         fied road right-of-way and utility permanent                 
                         easements through the adjacent 582.672-acre                  
                         Life Estate Tract following the route of the                 
                         existing roads * * *.                                        
                 *       *       *       *       *       *       *                    
                    (iv) The parties * * * agree to the * * * Piney                   
                         Mountain [and] Cedar Mountain * * * land                     
                    4.   Family Settlement Estate Planning:  The New                  
                         Limited Partnerships Plan for the Estate.                    
                         The parties shall use their reasonable best                  
               efforts to encourage E.E. Stone III and Allene W. Stone                
               to establish the five Family Limited Partnerships                      
               contemplated by the New Plan for Mr. and Mrs. Stone’s                  
                         Based upon an analysis of Mr. and Mrs.                       
               Stone’s assets and expenses, the Children agree to use                 
               their reasonable best efforts to encourage Mr. Stone to                
               transfer $1,600,000 of his preferred stock in Stones,                  
               Inc. to the Mary Fraser and Rosalie Morris Family                      
               Limited Partnerships, in accordance with the “Family                   
               Limited Partnership” distribution schedule (the                        
               “Chart”)[10] hand dated April 12, 1996 * * *.                          
                         In the event that assets remaining in E.E.                   
               Stone, III’s and Allene W. Stone’s Limited Partnership                 
               (the “Parents’ L.P.”) as shown in column 7 of the                      
               Chart, together with column 8, 9, and 10 and assets of                 
               E.E. Stone, III, as managed by E.E. Stone, IV, are not                 
               sufficient to pay (a) Mr. and Mrs. Stone’s health,                     
               maintenance, and other reasonable (1995 standard)                      
               expenses; together with (b) estate taxes and expenses                  
               of administration payable after their deaths, the                      
               deficit shall first be offset by contributions of Jack                 

               10The “Chart” identified in the 1996 amendment to the 1994             
          plan for settlement is not attached to the Court’s copy of that             
          amendment and is not otherwise part of the record in these cases.           

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Last modified: May 25, 2011