-33- timberland, cattle, investments in partnerships, a one-third undivided interest in South Carolina real estate, residential real estate located in Delaware and Alabama, and tangible personal property. The trust agreements for Schutt I and Schutt II entered into as of March 17, 1998, were substantially identical and set forth the governing provisions for the entities. The agreements recited an intent to create a Delaware business trust, to be classified as a partnership for Federal income tax purposes. The stated purpose of the trusts was to engage in any lawful act or activity for which business trusts may be formed under the Act [Delaware Business Trust Act, Del. Code Ann. tit. 12, secs. 3801- 3822], including the ownership and operation of every type of property and business, and the Trust may perform all acts necessary or incidental to the furtherance of such purpose. The trust agreements were to be governed by and interpreted in accordance with the laws of the State of Delaware. Decedent was named as the initial trustee, with his term to continue until his death, resignation, or adjudged incompetence. Charles P. Schutt, Jr., Henry I. Brown III, and Caroline S. Brown, in that order, were designated successor trustees. If none of the named successor trustees was able or willing to serve, an individual resident in the State of Delaware was to be selected by the vote of unit holders holding at least 66 percent of the interests in the trust.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011