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IN THS CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT IN AND FOR ST.
LUCIE COUNTY, FLORIDA
CASE NO. 74-254-CA
T. J. McPARTLAND, JR. , as Trusl.ee, )
Plaintiff, )
-v- ~
DORO~HY BINNEY PALMER, et al, ) ~
Defendants. )
)
DECLARATORY JiJDGMEAPT
mhe Plaintiff, T. J. McPARTLAND, JR., as Trustee of the
Edwin Binney Heirs Trust II, filed this action for Declaratory
Judgment. Mr. McPartland is Trustee under a certain Agreement and
Decl3ration of Trust dated July 20, 1970, between himself as Trustee
and Dorothy Iiinney Palmer, Helen Binney Kitchel, Elizabeth Petera
Binney, Barbara Kitchel Girdler, Happy Kitchel Egler, Allan Farrand
Kitchel, Jr., Douglas Binney Kitchel, Edwin Binney 3rd ~nd David
~ Binney P~xtnam, as Donors. Each had a vested interest in the original
~
j EDWIN BINNEY HEIRS' TRUST which terminated on September 8, 1970. The
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assets of the f?_rst Trust were transferred to the present Trust and
are referred to as the "original assets of this Trust."
In the Declaration of Trust, the Donors recite that they
were desirous of creating a trust for the purpose of protecting and
conserving the aforesaid properties and to Frovide for an orderly
disposition, liquidation, or distribution thereof, if and when such
is deemed proper. It is provided that the Trust shall terminate
ten (10) years from the date af the Trust Agreement (July 20, 1970),
or upon the death af the last surviving donor, whichever shall last
occur. During the continuance of the Trust, the Trustee is required,
after retain_inu a sufficient sum to meet and pay known or anticipated
goox 231 Fa~~ ~?~9
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