HomeMy WebLinkAbout1235 FIRST 4U~STIQN
The Trustee's first question, whether the Trust as origi-
nally writter. confers upon the T~tustee legal authority to distribute
principal assets from time to time prior to the termination of the
Trust, may be answered by reference in the Ueelaration of Trust. It
is clear and unambiguous that the intent of the original Trust was
that only income be distri~uted during the t~rm of the Trust. There
can be no other answer but that the Trust as originally written doe~
not confer upon the Trustee legal authority to distribute principal
assets prior to the termination of the Trust.
SECOND QUESTION ~
The second question requires more detailed consideration.
The Declaration of Trust states that the Trust ~hall not be revoked,
altered, amended or terminated excep~ as expressly provided therein.
It then provides that the Trust may be revoked, altered, amended or
terminated, in whole or in part, from time to time, by the unanimous
~j written consent of all the living Donors, however, there shall be no
~
( revocation, alteration, amendment or termination, in whole or in part
of the distributiorr of the Trust Estate and no revocation or termination
prior to ten (10) years of date.
Each of the now living Donors, with the exception of David
Binney Putnam, who no longer has an interest in the Trust, has consented
to Amendment No. I. However, Amendment No. l, on its face, violates
the restrictions contained in the Declaration of Trust on the right of
revocation in that it alters the distribution of the Trust E:tate and
also would allow termination of the Trust by distribution of all of
its principal assets prior to ten (10) years of date.
Restatement of the Law, Trust 2d, Volume 2, Section 338(1)
states as a general rule:
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