Estate of Merle Allen Whiting, Jr., Deceased, Vicki Ann Whiting, Executrix - Page 5

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          (50%) of the property received and an undivided separate trust              
          share for Vicki Ann Whiting equal to fifty percent (50%) of the             
          property received.”                                                         
               Death of First Grantor.  Upon the death of the first grantor           
          to die, “the Trustee shall divide the decedent’s separate share             
          of the trust into four (4) separate trusts.”  The first trust is            
          the “Marital Deduction Trust” (marital deduction trust).  The               
          second trust is the “Madge Williams Whiting Evans Trust”,                   
          established for decedent’s mother.  The third trust is the                  
          “Courtney Brook Whiting Phaffenberger Trust”, established for               
          decedent’s daughter.  The fourth trust is the “Non-Marital                  
          Deduction Trust”.                                                           
               The trust becomes irrevocable as to the deceased grantor’s             
          separate trust share immediately upon the death of the first                
          grantor to die.  Additionally, “the surviving Grantor shall have            
          no right or power * * * to alter, amend, modify, revoke or                  
          terminate this Trust Agreement * * * as to the deceased Grantor’s           
          separate trust share.”                                                      
                    2.   Marital Deduction Trust                                      
               Amount of Distribution.  The amount of the distribution from           
          decedent’s separate trust share to the marital deduction trust,             
          as stated in section 7.A. of the trust agreement, is as follows:            
                    A distribution shall be made to this trust of an                  
               amount equal to the excess, if any, of the decedent’s                  
               taxable estate (computed without any marital deduction)                
               plus the amount of the decedent’s adjusted taxable                     

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Last modified: May 25, 2011