Estate of Merle Allen Whiting, Jr., Deceased, Vicki Ann Whiting, Executrix - Page 10

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                    the pattern followed in one distribution need                     
                    not be followed in others.                                        
                         B.  Termination of Trust.  When such                         
                    beneficiary has attained thirty (30) years of                     
                    age, or upon his or her death prior to                            
                    attaining the age of thirty (30) years, or if                     
                    a disabled person when he or she, in my                           
                    trustee’s opinion, becomes free of such                           
                    disability, this trust shall terminate as to                      
                    his or her separate share, and the remaining                      
                    principal and accumulated income of his or                        
                    her separate share shall be distributed to                        
                    such beneficiary, if living, otherwise to his                     
                    or her issue, per stirpes, or if no issue, to                     
                    his brothers and sisters, per stirpes.                            
               Decedent and Mrs. Whiting are named the initial trustees               
          under the disability section if a disability or incapacity                  
          occurs.  If either of the trustees is unwilling to serve, and if            
          the unwilling trustee fails to designate a successor trustee,               
          then the successor trustee is first designated to be the                    
          surviving spouse.  In the event that Mrs. Whiting survives                  
          decedent, her son, Charles Barry McKewen, is the next designated            
          successor trustee.                                                          
                    4.   Trustee’s Powers Concerning Disabled Beneficiaries           
               Section 19 of the trust agreement, “Trustee’s Powers”,                 
          describes the trustee’s powers regarding disabled beneficiaries             
          as follows:                                                                 
                    D.  In making any payment to a minor or disabled                  
               beneficiary, the Trustee may expend such payments for                  
               the benefit of the beneficiary or make such payments                   
               directly to the beneficiary, or to the beneficiary’s                   
               parent, guardian, personal representative or to the                    
               person with whom the beneficiary resides, without                      
               having to look to the proper application of those                      

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Last modified: May 25, 2011