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A. Distribution of Income and Principal. After
the payment of all reasonable and necessary expenses
incurred in the management of the trust, the trustee
shall distribute at least annually the net income of
the trust to or for the benefit of the surviving spouse
for the remainder of the surviving spouse’s life. Any
income accrued, but undistributed, as of the date of
the surviving spouse’s death shall be paid to the
surviving spouse’s estate * * * .
The trustee is authorized to distribute to or for
the benefit of the surviving spouse so much of the
principal of this trust as in the trustee’s absolute
discretion may be necessary or advisable for the
health, education, maintenance and support of the
surviving spouse.
The surviving spouse is authorized to withdraw
from the principal of this trust such additional
amounts as the surviving spouse may request, provided
that such distributions from the principal of this
trust shall not exceed in any calendar year the greater
of $5,000.00 or five percent (5%) of the value of the
principal of this trust * * * .
* * * * * * *
No distribution of the principal of this trust
* * * shall be made to or for the benefit of the
surviving spouse following the remarriage or
cohabitation of the surviving spouse.
B. Termination of Trust. This trust shall
terminate upon the surviving spouse’s death, at which
time the remaining assets of this trust shall be
distributed as follows:
* * * * * * *
(2) The remaining balance shall be
distributed to or in trust for the benefit of
such persons or entities * * * as the
surviving spouse may appoint by specific
reference to this trust in the surviving
spouse’s Last Will and Testament, provided
that no appointment shall be made to the
surviving spouse, the surviving spouse’s
estate, the surviving spouse’s creditors or
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Last modified: May 25, 2011