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the creditors of the surviving spouse’s
estate. In partial or complete default of an
effective exercise of this special power of
appointment, or in the event of the surviving
spouse’s remarriage or cohabitation, then the
remaining assets of this trust shall be
distributed in the same manner as provided in
Section 10[4] of this trust.
C. Trustee. The following persons or entities
shall serve as the trustee of this trust in the
following order of priority:
(1) Surviving spouse.
(2) * * * However, in the event that
Vicki Ann Whiting is the surviving spouse,
her son, Charles Barry McKewen, shall serve
as successor trustee.
* * * * * * *
D. Administrative Provisions. Sections 15, 16,
17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 * * *
shall apply to this trust.
The trustee funded the marital deduction trust with various
real estate properties and life insurance proceeds. The value of
the assets in the marital deduction trust was $533,762 at the
date of decedent’s death.
3. Disability Section
Section 15 of the trust agreement (the disability section)
4 Sec. 10 of the trust agreement, “Termination of Trust”,
provides that upon the death of the second grantor to die, after
payment of expenses, the remaining assets in the trust shall be
divided into two equal shares. The first share shall be
distributed to the Charles Barry McKewen Trust, subject to the
terms and condition of sec. 13 of the trust agreement. The
second share shall be distributed to the Stefanie Margo Patterson
Bell Trust, subject to the terms and conditions of sec. 14 of the
trust agreement.
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Last modified: May 25, 2011