- 42 -
ments from escrow,[25] the estate matters set
forth in this Section will have been agreed
to by E.E. Stone, III and Allene W. Stone and
all documents necessary to fully fund the
Family Limited Partnerships and to otherwise
implement the Estate Section of the Amended
Plan will have been executed and placed in
escrow * * *. The parties understand that
E.E. Stone, III and Allene W. Stone have the
right to make such estate decisions as they
deem appropriate. In the event they do not
adopt the estate plan set forth in this Sec-
tion, the Amended Plan shall not be effective
unless and until an alternative estate plan
is agreed to.
B. TESTAMENTARY TRUSTS
There shall be no trusts for descendants
under the Wills of E.E. Stone, III or Allene
W. Stone. After the death of the first of
E.E. Stone, III or Allene W. Stone, the por-
tion of the estate not going to the surviving
spouse shall, after payment of estate taxes
and expenses of administration, be distrib-
uted equally and directly to each of the four
Children or that Child’s estate, provided,
however, that the decedent’s interest in each
of the Children’s Limited Partnerships shall
be distributed directly to the Child for
whose Partnership such interest is held.
After the death of the surviving spouse, the
assets remaining in the estate of E.E. Stone,
25With respect to the “escrow” referred to in paragraph A of
section III of the 1997 amended and restated plan for settlement-
-trusts and estate, that plan provided in part as follows:
Executed copies of * * * [this amended plan] and all
documents specified therein (“Plan Documents”) shall be
placed in escrow with the Probate Court. * * * [this
amended plan] and Plan Documents shall not be effective
unless and until they are released from escrow by the
Probate Court * * *.
As discussed below, on Apr. 5, 1997, the Probate Court entered an
order approving the 1997 amended and restated plan for settle-
ment.
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