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that therefore the Trustee has the legal duty to terminate
the Trust as of the close of July.20, 1980, and distribute
the principal assets and any undistributed net income of the
Trust (remaining after the payment of all fees and costs
of administration) in accordance with Article IV. of the
Trust as follows:
Dorothy Binney Palmer 7/26ths or 26.9231,'
Shawmut Bank of Boston,
N.A. as Trustee of
the Estate of Elizabeth
Peters Binney 7/26ths or 26.9231
Edwin Binney 3rd 4/26ths or 15.3846X
Barbara Kitchel Girdler 4/26ths or 15.3846
Heather R. Leachman 2/26ths or 7.6923
Binney K. Wells 2 26ths or 7.6923
. TOTALS 26/26ths or 100.009°;
that Plaintiff has sustained his burden of proof and that ~
Plaintiff is entitled to the relief sought by the Complaint
for Declaratory Judgment. It is, upon consideration of the
foregoing, ORDERED and ADJUDGED as follows:
' 1. The Amendment dated April 23, 1980, to The
Edwin Binney Heirs Trust, II, executed July 20, 1970,
is effective legally and said Amendment is~not inconsis-
tent with the limitations upon the right of revocation
or termination contained in Article VII of said Trust.
2. Plaintiff, T. J. McPartland, Jr., as Trustee
of The Edwin Binney Heirs Trust, II .(executed July 20,
1970), is hereby authorized and directed to terminate
the said Trust as of midnight, July 20, 1980, and to
distribute the principal assets and undistributed net
income of the Trust (remaining after the payment of all
fees and costs of administration) in accordance with
f
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Article IV of the said Trust as follows:
Dorothy Binney Palmer 7/26ths or 26.92319',
Shawmut Bank of Boston, N.A.
as Trustee of-the Estate of '
Elizabeth Peters Binney 7/26ths or 26.92319',
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