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on April 5, 1997, discussed below, and Ms. Stone’s will
executed on May 3, 1997, discussed below] * * *.
WHEREAS, being mindful that Mr. and Mrs. Stone
could subsequently execute other wills or codicils and
revoke or amend the New Wills, the Family has agreed,
pursuant to the Plan, to enter into this Family Settle-
ment Agreement, the terms and provisions of which are
consistent with the New Wills and the Plan, and which
is intended to resolve the * * * [litigation among the
children and the children’s concerns regarding Mr.
Stone’s and Ms. Stone’s assets] as it relates to any
future will contest concerning the proper disposition
of Mr. Stone’s estate and Mrs. Stone’s estate upon
their respective deaths.
* * * * * * *
2. Terms of Family Settlement Agreement include
those of the Plan and New Wills. If either Mr. or Mrs.
Stone executes any subsequent will or codicil, or
otherwise effectively revokes the New Wills, which
would cause a distribution from their estates to the
Family in a manner inconsistent with the Plan or the
New Wills, then that portion of their estates which was
left to the Family under the subsequent will or codicil
shall pass to the Family according to the provisions of
the Plan and the New Wills [Mr. and Ms. Stone’s New
Wills] as set forth in Exhibits A, B and C and this
Family Settlement Agreement. * * *
3. State Law to Govern. This Family Settlement
Agreement shall be construed, regulated and governed by
and in accordance with the laws of the State of South
Carolina, notwithstanding the residence in any other
jurisdiction of any member of the Family.
On April 5, 1997, Mr. Stone executed his last will and
testament (Mr. Stone’s will). Mr. Stone’s will provided in part
as follows:
(1) Prior Wills. I hereby revoke all other wills
and codicils heretofore made by me.
(2) Debts, Expenses and Mortgages. I direct my
Personal Representative to pay my legal debts, my
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