Estate of Eugene E. Stone, III, Deceased, C. Rivers Stone, E.E. Stone, IV, Mary Stone Fraser & Rosalie Stone Morris, Co-Personal Representatives - Page 55

                                       - 40 -                                         
          amended and restated plan for settlement--trusts and estate                 
          provided in part as follows:                                                
               II. TRUST ISSUES                                                       
                    A.   EXISTING TRUSTS                                              
                         (a) Administrative Transfer to New Trusts                    
                              The existing trusts established by the                  
                              1976 Agreement and Declaration of Trust                 
                              (“Existing Trusts”) will remain in exis-                
                              tence as two (2) trusts.  Upon receipt                  
                              by the parties of a favorable Private                   
                              Letter Ruling * * * the Probate Court                   
                              shall release * * * [documents relating                 
                              to the administrative division of the                   
                              Trusts] from escrow, and thereby admin-                 
                              istratively establish eleven New Trusts                 
                              * * *.                                                  
                              It is the intent of the parties that the                
                              release of the Trust-related Plan Docu-                 
                              ments implements the Trust-related as-                  
                              pects of the settlement and that no                     
                              further action by the parties shall be                  
                              necessary to effect the administrative                  
                              division of the two Existing Trusts into                
                              eleven New Trusts (as defined herein),                  
                              the installation of the New Trustees (as                
                              defined herein) and the funding of these                
                              New Trusts or that any such action be                   
                              ministerial and not discretionary in                    
                              The failure of a beneficiary to identify                
                              an Independent Trustee who has executed                 
                              the Certification and Acceptance and is                 
                              willing to serve over his or her New                    
                              Trust shall not delay the release or                    
                              implementation of the Trust-related Plan                
                              Documents.  In the event an Independent                 
                              Trustee selected by a beneficiary cannot                
                              be installed over a New Trust at the                    
                              time the Probate Court releases the                     
                              Trust-related Plan Documents from es-                   
                              crow, that beneficiary’s New Trust shall                
                              be administered by the Existing Trustees                
                              until such time as that beneficiary                     

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Last modified: May 25, 2011