Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 5

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          therefrom was to continue to be distributed in quarterly                    
          installments to the child.  Upon the child’s death, the trustee             
          was to distribute the corpus free of trust to the child’s                   
          descendants, per stirpes, subject to specified age restrictions.            
               As regards administration, Trust 3044 granted to the                   
          trustee, subject to specified limitations, “in general, the power           
          to do and perform any and all acts and things in relation to the            
          trust fund in the same manner and to the same extent as an                  
          individual might or could do with respect to his own property.”             
          Concerning limitations, the trust agreement provided for the                
          appointment of an “adviser of the trust” (also referred to herein           
          as a “consent adviser”) by Mrs. Schutt and stated that enumerated           
          powers granted to the trustee shall be exercised                            
               only with the written consent of the adviser of the                    
               trust; provided, however, that if at any time during                   
               the continuance of this trust there shall be no adviser                
               of the trust, or if the adviser of the trust shall fail                
               to communicate in writing to Trustee his or her consent                
               or disapproval as to the exercise of any of the                        
               aforesaid powers for which exercise the consent of such                
               adviser shall be necessary, within twenty days after                   
               Trustee shall have sent to the adviser of the trust, by                
               registered mail, at his or her last known address, a                   
               written request for such consent, then Trustee is                      
               hereby authorized and empowered to take such action in                 
               the premises as it, in its sole discretion, shall deem                 
               to be for the best interest of any beneficiary of this                 
               trust.                                                                 
               The specified powers subject to the above consent provision            
          were the trustee’s authority:  (1) To sell or otherwise dispose             
          of trust property; (2) to hold cash uninvested or to invest in              






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