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Home My WebLink About1233 from time to time by unanimous w~ritt~n consant of all the living Donors; provided, however, tnere be no revocation, alteration, amend- ment oz termination, in whole or in part, of the distriY~uti.on af the ~rust Estate as set for~h therein, and no revocation or termination prior to ten (10) years of date. All the Ziving Donors of the Trust (except David Bi.nney Putnam, whose interest in the Trust has b~en purchased by the Trust) have submitted to the Plaintiff, as Trustee, an Amendment ~o the - Trust, which provides: _ "During the continuance of this trust, from time to time, trustees shall distribute from this trust and pay ovez absolutely, free of this trust, sp much of the principal assets of this trust, including up to the whole thereof, as trustee, in his uncontrolled discretion, shall determine to be consistent with the purposes of this trust; provided, howevez, any such distribution shall be in the same groportions and to the same pe~sans ~ entitled thereto as set forth in Article IV for the aistribution of income during the continuance of this trust." The Plaintiff as Trustee has received a demand for di~tri- 4 bution from all the naw living "Donars" and present beneficiaries of the Trust. These persons demand the distributiQr~ to them of principal I ~ and corpus assets determined by the Trustee not to be needed in the ~ operation of the Trust or by any corporation or business undertaking owned by the Trust. To the complaint for Declaratory Judgment, waivers and answers have been filed by each of the six now living Donors, admitting the truthfulness of each and every fact alleged in the complaint and the genuineness of each and every exhibit attached. Similar waivers and answers have been filed by the four sons of living Donor Barbara Kitchel Girdler, the four children of living Donor pouglas 3inney Kitchel, the two daughters of deceased Donor Al1an Farrand Kitchel, Jr, and the co-executors of the estate of deceaseci Donor Elizabeth Peters Binney. - 5 - ~r~~ (.rt)~ ~ Jl~2.eJt~ ~ - - _ ~ ~ ~ M-~° ` ~ r -