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HomeMy WebLinkAbout0936 . _ - _ _ - - . _ _ . _ - _ ~i . , ~i i~ ~ ~ . (iacting as Trustee under a nominat3on by Grantor pursuant to 'Article THIRD hereof, and if in the judgment of the successor ~ individual Trustee, or other members of Grantor's immediate I~family, such step is deeme8 necessary, then the successor in- i }idividual Trustee, or other members of Grantor's immediate family, . ~ j~as the case may be, may appoint three (3) doctors of inedicine ~~licensed to practice in any state of the United States of i; i'America, one of whom shall be Grantor's personal physician, if ~~possible, all of whom shall be subject to the successor in- j'de endent or co orate Trustee written a roval, to determine , ~ P rP PP . i~whether Grantor has become incapable of the care, custody and i, jimanagement of the principal or income of the trust estate because ~~of advanced aqe or impaired health or mental or physical dis- ~j -~'ability. If the three (3) doctors unanimously determine in ~iwriting, as'evidenced by sfgned "Certificate(s) of Incapacity", E, ~ f;that Grantor has become incapable as hereiri defa.ned, of the care, „ ~ ~icustody and management of the principal of the trust estate or j !I ;iany income from the trust estate, or upon ~he determination by a i ~ .:!court of competent jurisdiction of the physical or mental ~:~incompetency of Grantor, then Grantor and/or nominee(s) shall no I~ . ;~longer be Trustee nor shall Grantor have the right to become ;~Trustee, and the successor individual Trustee, if surviving and ~ ~ ;;available, and the successor independent or corporate Trustee ~ shall become Co-Trustee without requiring any action or . permission of any nature or kind whatsoever from Grantor, and shall possess and be subject to those rights, duties and ; i obligations which they or it would assume if they or it had been ! nominated as initial Trustee under the terms of this Trust ' Agreement; provided, however, upon the revocation of the court I; ~ ii i~ i i " 26 ~ ~ , - i: 1! i~ _ _ . ~ - . . . . ~_r__ _ - . . _ ~ --~r.~, pt~ , ..~i" - ~ . . i` _~..i _j ~ . . . _ _ ~ . : . , : ' . . . . . ^ - . t .