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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
nature.
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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