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attorney-in-fact. On January 3, 1997, decedent resigned as
trustee of the Sylvia Gore Trust, and Ms. Powell became the
successor trustee. On January 8, 1997, decedent executed the
following five documents in the presence of her attorneys and Ms.
Powell: First Amendment Restating the Declaration Creating the
Sylvia Gore Trust (amendment); Last Will and Testament of Sylvia
Gore; Declaration Creating the Pamela M. Powell Irrevocable
Trust (Pamela Powell Trust); Declaration Creating the Michael
Gore Irrevocable Trust (Michael Gore Trust); and Exercise of
Power and Irrevocable Assignment (assignment).
The Amendment
The amendment provided that “all the property in which I
have an interest is from this date forward subject to the trust
which I now restate whether such property is set forth in an
attached schedule or is unscheduled, whether real or personal,
tangible or intangible”.14 The amendment also provided that
decedent retained the power to revoke the Sylvia Gore Trust at
any time, that decedent was entitled during her life to any
amount of income or principal from the Sylvia Gore Trust she
requested, and that, upon decedent’s death, the remaining
undistributed income and principal would be distributed equally
to the Pamela Powell Trust and the Michael Gore Trust. In
14No schedule or other description of property was attached
to the copy of the amendment in the record.
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Last modified: November 10, 2007