Estate of Merle Allen Whiting, Jr., Deceased, Vicki Ann Whiting, Executrix - Page 7

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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