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HomeMy WebLinkAbout2505 the Trustee shall allocate tA a separate tru.st to be kcx7wn as the FAMILY TR,UST, to be held, administered and disposed of in accordance with the prwisions of Sutr- p~a~ragraph D. of this ARTICLE IV, all s~s which are a part of the tru.st estat;e up to but n~t exceeding ZWo Hundred Seventy-Five Thousand and no/100's ($275,000.00) Dollars. B. Satisfaction of AcnQUnt Contained in ARTICLE IV, Parac~raph A, The amount described in AFrTICZE IV, Subparagragh A. shall be payablz in cash or in kind, or both of than, to be selected in the sole and uncontrolled . discretion of the Trustee, but shall include all intes~sts in prope~.•-ty (nr the proceects thereof) which would ~t qualify for the marital deduction if the ~ property passed outright to the Grantor's spouse because the prop~sty is a non- deductible t~erminable interest. C, Balance of Trust Est~te. If the Grantor's spouse survives the Grantor, the bal~nce of the tn~st estat,e after the satisfaction of the am4unts described in ARTIGLE IV, SubparagrapH A. shall be transferred tc~ Grantor's spouse, R06E B. UAVIDSON, outright and can- pletely free of trust; provided, hvwever, that if R05E B. DAVIDSON shall then be deet~ed to be incagacitated as specified aryd defined in ARTICLE II of this Fifth A~meru~~ent, and if she shall then have a Trust Agreenent which she has established for her benefit and which is managir~g her affa.irs, then the Trustee of this Tru.st may elect in his sole discretion, to transfer the balance of this trust estate as herein specified, t~ the Trust Agreement then established and in effect by Grantor's spouse, R06E B. I~AVIDSON, for her benefit so that such Trust assets may be mar~ged under her separate Trust. If Grant~r's spouse shall fai.I tr~ survive Grant,or, then this Subparagraph C, shall n4t apply, and the baiance of the trust estate shall be allocated t,o the FAMILY TRUST and held, ac~ninistered a~d disp~sed of in acoordance with the pravisions of ARTICLE IV, Sul~aragraph D. of this Agreement, appl.icable upon the death of Grantor's spause. -4- ~ ~ p 674 ;~a~~ 2505 . BOOK ~~~~t°~~~-~~-.~~~~~="~~~.7.-~~