probable income as well as the probable safety of the capital affairs. With the limitation
of that standard, my Trustees are authorized, with the approval of my spouse, to
acquire and retain every kind of property, real, personal or mixed in every kind of
investments specifically including but not by way of limitation, insurance, real estate,
bonds, debentures and other corporate obligations in stock preferred or common, with
ordinary prudence, discretion and intelligence required.
4) To collect, receive and receipt for any principal or income and to enforce,
defend against prosecution, compromise or settle any claims by or against the trust.
5) Vote, execute proxies to vote, join in or oppose any plans for reorganization
and exercise any other rights incident to the ownership of any stocks, bonds or the
properties of this trust estate.
6) To hold assets in bearer form or in the name of the Trustees or in the name
of the nominee without disclosing any fiduciary relationships; provided, however, that all
assets in cash at all times appear on the books of the Trustees.
7) To make division or distribution as required by this Will, in whole or in part, of
money, securities or other property in undivided interest therein, and to continue to hold
any remaining undivided interest in any trust thereunder.
8) To make payments to my spouse.
9) To determine what is income and what is corpus and in its discretion allocate
or apportion receipt and expense between principal and income, except that all
premiums shall be charged and all discounts credited against or to principal, as the
case may be, not against or to income, and shall be authorized; and except further that
all dividends paid in stock of the paying corporation shall be considered principal.
F. DISPOSITION: The Marital Trust shall be held, administered and disposed
of as follows:
1) My spouse shall have the right during his/her lifetime, exercisable annually or
more frequently, at intervals convenient to him/her, to require the distribution to or for
the benefit of himself or herself. Any income of this First Trust (Marital Trust) not so
distributed shall be accumulated and added to the corpus.
2) Commencing with my death, the Trustees shall pay the income from the
Marital Trust in convenient installments, at least quarterly, to my spouse during his/her
3) In addition, my Trustees shall distribute to or for the benefit of my spouse,
from time to time, so much of the corpus of the Marital Trust as my Trustees in their
sole discretion shall consider necessary or advisable for health, support and general
4) My spouse may, at any time and from time to time during his/her lifetime,
donate and appoint, by specific reference to his/her power, in an instrument of writing
executed by him/her and delivering same to my Trustees before his/her death, all or
any part of the corpus of the Marital Trust to any or all of my descendants, in such
proportion and subject to such terms, trusts and conditions as he/she may direct. If any
gift tax shall be assessed as a result of the exercise by my