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argument of Richard V. Neill, Esquire, as Guardian ad Litem.
Both the Plaintiff and the Guardian ad Litem agree that there
is no genuine issue as to any material fact.
The Court finds and concludes that the issues raised
bq the Complaint and the Answers are ready and ripe for
judicial determination; that due and proper notice of this
hearing has been given to the proper and interested parties;
that the Trust was executed July 20, 1970, by Plaintiff and
the nine (9) Donors listed on page 1 of the Trust.; that
Donor/Defendant Dorothy~Binney Palmer, Donor/Defendant •
Barbara Ritc~iel Girdler, and Donor/Defendant Edwin Binney
3rd survived July 20, 1980, the tenth anniversary of the
execution of The Edwin Binney Heirs Trust, II; that said
three Donors/Defendants continue to survive; that said Donors/
Defendants constitute all the surviving Donors of the Trust
whose interests in the Trust have not been purchased by the
Trustee; that said surviving Donors/Defendants and T. J.
McPartland, Jr., as Trustee of the Trust, executed an
Amendment (dated April 23, 1980), which revokes Article III ~ '
~I
of the Trust as to its term and substitutes in lieu of the
~ original Article III the following:
I
"This Trust shall terminate on
~ midnight, July 20, 1980.";
that the Amendment dated April 23, 1980 is a legally effective
Amendment; that Article IV of the Trust provides in pertinent
part:
"Upon termination of .this Trust, the
principal and any undistributed income of this-
Trust shall be paid over absolutely and dis-
g
~ tributed to the above-named Donors, or their
respective designated beneficiaries, in the
same proportions as the income is hereinabove
allocated.";
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