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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