- 6 - in the inter vivos trust. On December 31, 1981, Mellon Bank, N.A., the trustee under the deed of trust, and Mr. Wright’s children, who were Hester Wright’s nieces and nephew, entered into an agreement to amend the inter vivos trust (agreement to amend the inter vivos trust). That agreement provided in pertinent part as follows: WHEREAS, Hester M. Wright, settlor under the Deed of Trust died July 21, 1980; and WHEREAS, Clara E. Wright, first life tenant under the Deed of Trust, disclaimed all of her interest as such life tenant, thereby accelerating the interests of the Beneficiaries hereto as successor life tenants; and WHEREAS, the Beneficiaries desire that during the term of this Agreement the Trustee hold and administer the entire trust estate as one fund, rather than divid- ing the same into six separately held and administered trust funds, one for each Beneficiary. NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Notwithstanding the provisions of Article ONE (B)(2) that, on the death of the Settlor and her sis- ter, the principal of the trust estate shall be divided into six equal separate trusts, the Trustee shall during the continuance of this Agreement hold, invest and reinvest and otherwise administer the trust estate as one fund, distributing the net income in equal shares directly to the six Beneficiaries and not through the separate trusts. 2. Notwithstanding the provisions of Article ONE (B)(2)(a), the Trustee shall not, during the continu- ance of this Agreement, (i) make any distribution of principal to any Beneficiary pursuant to its discre- tionary powers in this subparagraph or (ii) make any distribution of principal to any Beneficiary pursuant to such Beneficiary’s power to request sums from prin- cipal not to exceed $5,000 in any one calendar year, except that at the request of the Attorney-in-FactPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011