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VII
Without diminution or restriction of the powers vested
in the Executors and Trustees by law, or elsewhere-in this instrumex~•,
and subject to alI other provisions of this instrument,~the Executor
and Trustees, without the necessity of procuring any judicial
authorization therefor, or approval thereof, shall be vested with,
• and in the apglication of their best judgment. and discretion in
behalf of the beneficiaries shall be authorized to exercise the
powers applicable to such Executors and/or Trustees in their
respective capacities, specifically enumerated, set out and con-
tained in Section 35-618 of Tennessee Code Annotated, as amended
from time to time. The Trustees-shall also have the power to
pay over to any person or institution having the physical custody .
of any beneficiary such portions~of income and/or principal as
they may have determined, in their discretion, to pay over to
such beneficiary or for his or her use and benefit, and the receipt
of such person or institution shall be a complete acquittance
of the Trustees for such amounts so paid. .
VIII
In the event my wife predeceases me or if my wife and I
die under such circumstances that there is no sufficient evidence
to establish who survived the other, I hereby declare that it shall
be presumed that I have survived my said wife and that this will
and all of its provisions shall be construed upon that assumption
and basis, In which or either event, or if she fails to survive
me by as much as three (3) months, I direct that r_iy Executors shall
pay all expenses incurred by her prior to her death within such
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a~ 323 P~~E 21129