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term includes a~y successor Co-Trustee) to make such request in
writing, then the Successor Trustee shall assume Lhe duties of
Trustee (as hereinafter provided) and shall expend such amounts
to properly care for the Settlors, or the survivor of them, in a
style to which they have been accustomed.
ARTICLE II
SUCCEEDING BENEFICIAL INTEREST:
A. Upon the death of either Co-Settlor, the Co-Trustees, as
of the date of the deceased Co-Settlor's death, shall divide the
Trust Estate into two separate Trusts, hereinafter designated as
Trust A and T-•ust B, the assets, including cash, of each Trust to
be fairly representative of appreciation or depreciation in the
value of all property thus available for distribution in satisfaction
of such transfer, and to be ascertained as follows:
Trust A shall be equal in amount to one-half (1/2) of
the Adjusted Gross Estate ~f the deceased Co-Settlor, as
determined for the purposes of the marit~l deduction under
the Federal Estate Tax Law; except that the amour,t of the
Trust A, as so determined, shall ~be red~~ced b~ ±he value,
to the extent includable in the decedent's gross estate
~ander the Federal E~tate Tax Law, of any interest in property
passing undpr the Will of the deceased Co-Settlor, which
is deemed to have passed from the decedent to the survivor ~
,
fr_C~±tlnr fnr ±hc n~srnnea~ nf tk;c ~!zrita? rlcrlear!'nr .
~ • ~ r r -• -
Trust B shall be equal in amount to the balance of the
T--ust Estate after deducting the amount allocated to Trust A.
, If any asset of the Trust Estate shall be deemed to be a term-
inable interest which would~not qualify far the marital
deduction under t!-~e Federal Estate Tax Law, ~s+~ch asset ~
shall be allotted to Trust B, and Trust A shall ~e reduced
in amount to the extent that it c~nnot be comp~sed of ,
y!~alifying assets.
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