-9- relating to buying, selling, leasing, exchanging, mortgaging, or pledging property held in such trust, and participation in incorporations, reorganizations, consolidations, liquidations, or mergers, only upon the written direction of the advisor of such trust or of the Committee, as the case may be. * * * * * * * Notwithstanding the previous provisions of this Article, if at any time during the administration of any trust hereunder, the advisor or Committee fail to communicate in writing to Trustee any direction or disapproval with respect to Trustee’s exercise of any power requiring the direction of the advisor or Committee within fifteen (15) days after trustee has sent a written request for such direction to the advisor’s or Committee members’ last known address by registered or certified mail (but Trustee shall not be required to take the initiative to seek any such direction), then Trustee is authorized to take such action in the matter as it, in its sole discretion, deems appropriate. The will further directed that the direction adviser and Committee members exercise their functions in a fiduciary capacity. Trust 11258-3 As previously indicated, Mrs. Schutt’s death was also significant with respect to the structure of a second trust directly relevant to the factual background of this proceeding. On January 16, 1976, Mrs. Schutt had established a revocable trust, which was subsequently amended by supplemental trust agreements dated April 9, 1976, June 6, 1979, December 30, 1982,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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