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pertinent part as follows:
4. This Agreement shall terminate upon the
happening of any of the following events:
(a) the death of any Beneficiary;
(b) written notice to the Trustee that any
Beneficiary desires to terminate the
Agreement;
(c) written notice by the Trustee to the
Attorney-in-Fact that it desires to
terminate the Agreement;
(d) revocation by any Beneficiary of the
appointment of the Attorney-in-Fact.
If the Agreement shall be terminated by the death
of * * * any Beneficiary * * * The share of the
Beneficiary dying * * * shall be withdrawn from this
Agreement and shall be administered, distributed or
otherwise disposed of according to the terms of the
Deed of Trust. * * *
We note initially that the agreement to amend the inter
vivos trust provided that it was intended to relate only to the
administration and management of the principal of that trust and
not to affect the substantive rights of any distributees under
the deed of trust. Moreover, assuming arguendo that each of the
beneficiaries of the inter vivos trust other than decedent had an
interest in $5,000 of the principal of that trust that was
substantial and that was adverse to decedent’s interest and that
the agreement to amend the inter vivos trust had not terminated
before decedent’s death,12 pursuant to its terms, that agreement
12The estate has failed to carry its burden of establishing
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