Estate of Eugene E. Stone, III, Deceased, C. Rivers Stone, E.E. Stone, IV, Mary Stone Fraser & Rosalie Stone Morris, Co-Personal Representatives - Page 61

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                         available to the parents (“Parental Assets”)                 
                         for such maintenance in the same or better                   
                         manner as in recent years. * * *                             
                              * * * Mary Stone Fraser shall be dele-                  
                         gated responsibility for the management of                   
                         the care for Allene W. Stone, supported by                   
                         others.  Allene W. Stone may be moved with                   
                         Mary Fraser, including to the residence of                   
                         E.E. Stone, III if he is ever incapacitated                  
                         and unable to occupy the residence * * *.                    
               The 1997 amended and restated plan for settlement--trusts              
          and estate further provided in part as follows:                             
               IV. IMPLEMENTATION AND JURISDICTION                                    
                  *       *       *       *       *       *       *                   
                    B.   CONTINUING JURISDICTION                                      
                              The Probate Court * * * shall maintain                  
                         continuing jurisdiction to resolve any Trust-                
                         related disputes which shall arise during the                
                         implementation and enforcement of this set-                  
                         tlement agreement.  The parties will seek to                 
                         have a hearing on the Amended Plan as soon as                
                         practicable after its execution.                             
               Neither Mr. and Ms. Stone nor the children anticipated that            
          their parents would need any financial assistance during their              
          parents’ respective lives.  As discussed above, after consulting            
          with their accountants, Mr. Stone and Ms. Stone retained, and did           
          not transfer to the Five Partnerships, total assets that they               
          believed would enable them to maintain their respective accus-              
          tomed standards of living.  Nonetheless, the parties in the                 
          litigation among the children included paragraphs H and L of                
          section III in the 1997 amended and restated plan for settlement-           
          -trusts and estate in order to address and resolve the possibil-            

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Last modified: May 25, 2011