- 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 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 beneficiaryPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011