Petition (Probate proceeding not specified) - INITIAL FOR INSTRUCTIONS TO TRUSTEE - Petition (Probate proceeding not specified) - INITIAL May 12, 2017 (2024)

 
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 1 JAMES D. PALMER, JR. _, _ Attorney at Law #029926 2 3 2140 Santa Cruz Ave. E303 Menlo Park, CA 94025 Attorney for Trustee ROBERT HENRY BUYERS, E a; g E %‘ Petitioner :2 ——'-—’———_ 4 F IL ED g ‘2 5 SAN MATEO QQIJNTY g 8| E: E = 6 7 E u .‘2‘ :2 ———;—. .i E E E T. E . 8 IN THE SUPERIOR COURT OF THE 9 COUNTY OF SAN MATEO, STATE OF CALIFORNIA1011 ‘ c. . . Inrethe CASENbV PRQQQEQQ '12 BUYERS PERPETUAL ASSET PETITION FOR INSTRUCTIONS TO13 SHIELD TRUST. TRUSTEE. (Prob C 17200(b)(6))141 516 /17 Petitioner ROBERT HENRY BUYERS (hereafter “BOB”) files this Petition, requesting18 that the Court instruct him as to matters involving the proper administration and distribution of19 the BUYERS PERPETUAL AS SET SHIELD TRUST dated December 31, 1992 (hereafter “the20 Trust”), a true and correct copy of which is attached hereto as Exhibit A, as follows:2122 BACKGROUND23 1. BOB is, and has been since the inception of the Trust, acting as the Family Trustee and24 the Distribution Trustee of the Trust. He is a resident of the County of San Mateo, which is the25 principal place of administration of the Trust. Acting as the Administrative Trustee is BANK OF26 THE WEST since the March 5, 2001 resignation of the original Administrative Trustee FIRST27 SECURITY BANK OF IDAHO, N.A. For the purposes of this petition all acting Trustees may28 be referred to in the singular as “Trustee”. The situs of the property being administered by the l [Petition for Instructions to Trustee] Trust has been transferred to the State of California following the change of the Administrative Trustee. 2. While the Trust specifies that it is to be governed and regulated according to the laws A of the State of Idaho (paragraph 15.2, page 53), the Trustee, upon change of situs of the property of the Trust, was given “sole, unlimited, and absolute discretion” to transfer jurisdiction to the situs of the trust (paragraph 15.2, page 53). BOB, as Trustee, has transferred situs and \OOO\10\UI jurisdiction of the Trust to the State of California, and the venue of the County of San Mateo for all purposes for construction, administration, and distribution of the Trust, and as to any trust created under the Trust.10 3. Grantor of the Trust was J .W.A. Buyers, uncle of Petitioner. The Trust was11 established initially in the form of a single trust (the “Common Trust”) designated for the benefit12 of the Grantor’s three children and their descendants (paragraph 3.1 and 3.2, pages 2-3, and13 paragraph 6.3, page 19), and provides that it is “irrevocable and unamendable” (paragraph 11.1,14 page 46). However, broad discretion was given the Trustee with respect to management,15 distributions, and investments of the trusts (Recital B, page 1). The Grantor died May 20, 2006.16 His wife Elsie Buyers died February 16, 2008.17 4. The Trust provides that two years from the date of the last to die of the Grantor and his18 wife (“the Division Date”), the Common Trust terminates and is divided into separate trusts for19 each of the children (paragraphs 3.2, page 3). Different Trustees for each separate trust are then2o designated (paragraph 6.2, page 18, and paragraph 6.3, page 19).21 5. However, in 2004, the acting Trustees and all Trust children and grandchildren22 beneficiaries (of which two minors were represented by their mother) agreed to an Exercise of23 Trustee Discretion (a true and correct copy of which is attached hereto as Exhibit B), modified24 the Trust by (a) continuing the Common Trust, (b) providing equal distributions to each of the25 daughters and each of the children of each daughter (i.e. Grantor’s grandchildren) being a total of26 nine equal distributions, as shown in the diagram attached as Exhibit C.27 The Exercise of Trustee Discretion Exhibit B also:28 (1) specified when distributions were to commence as to Grantor’s daughters and 2 [Petition for Instructions to Trustee]Grantor’s grandchildren (being every other year, beginning at age 25 of the beneficiary andterminate at age 35 of the beneficiary), (Exhibit B, paragraph 3, pages 3—4), (2) specified the amount of each distribution to each grandchild beneficiary ($150,000 in6 equal payments, being $25,000 every other year, later adjusted for inflation), (Exhibit B,paragraph 3, page 4) (3) continued the duties of the Distribution Trustee to make the distributions, and the feesof the Family Trust, Distribution Trustees and Administrative Trustees (Exhibit B, paragraph 4page 5), (4) made no changes to the limited powers of the Trust Committee (appointed by theTrust in paragraph 6.15), (Exhibit B, paragraph 5, page 5), (5) provided that the Common Trust would continue making distributions to the ninebeneficiaries, up to a total of $150,000 per beneficiary, until the year after the youngestbeneficiary’s final scheduled distribution (Exhibit B, paragraph 3, page 4). 6. Pursuant to the Exercise of Trustee Discretion Exhibit B provisions, significantdistributions by Petitioner as the Distribution Trustee of the Trust have taken place to eachchildren and grandchildren beneficiaries regularly from December 11, 2003 through March 20,2017, according to the distribution schedule called for by Exhibit B, subject to adjustment forinflation. Attached as Exhibit D is a spreadsheet showing the distributions made to each childand grandchild beneficiary to date. 7. While paragraph 7 of Exhibit B provides for situs and jurisdiction of the Exercise ofTrustee Discretion in the State of Idaho, the Trustees hereby change that situs and jurisdiction tothe State of California, in conformity with the change made to the Trust provision on situs andjurisdiction. NAMES AND ADDRESSES OF ALL BENEFICIARIES AND TRUSTEES 8. All beneficiaries of the Trust, both children and grandchildren of the Grantor, areadults. The names, mailing addresses, and electronic addresses of all beneficiaries of the Trust, 3 [Petition for Instructions to Trustee]and of all present acting Trustees of the Trust, are as follows:Name Address Relationship to GrantorElsie Buyers-Viehman 79 High Gate Lane daughter Blue Bell, PA 19422 e.viehrnan@gmail.comSara Viehman Diehl 7813 Winston Road Philadelphia, PA 191 18 granddaughter saraviehman@gmail.comJ. Alex Viehman 3972 Beechwood Blvd. Pittsburgh, PA 15217 grandson alex.viehman mail.comMark Viehman 2726 13th St NW Washington, DC 20009 grandson mviehman@gmail.comRebecca Buyers Basso 4 Franklin Circle Cape Elizabeth, ME 04107 daughter beckv.buversbass0@gmail.comMarisa Buyers Basso Garden Flat, 3 St. James Terrace Sandymount Rd., Sandymount Dublin 4, Ireland granddaughter marisabuyersbass0@gmail.comJane Buyers Russo 126 W. 75th Street #1 New York, NY 10069 daughter jane.buyers@gmail.comJohn James Russo 126 W. 75'h Street #1 New York, NY 10069 grandson jjrus21@gmail.comWilliam Buyers Russo 126 W. 75th Street #1 New York, NY 10069 grandson willruss2001@gmail.comRobert Henry Buyers 549 Trinidad Lane Family Trustee and Foster City, CA 94404 Distribution Trustee RHBuyers@comcast.netBank of the West 555 Market Street AdministrativeATTN Robert Cabrera San Francisco, CA 94104 Trustee Robert .Cabrera@bankofthewest.com 4 [Petition for Instructions to Trustee] ISSUES N ISSUE #1: Should the Trustee terminate and distribute the Common Trust to separate trusts for the benefit of each of the children, or to separate trusts for the benefit of \lONUI-bb.) each of the children and grandchildren? 9. Starting in January 2017, and most recently on April 11, 2017, the three children beneficiaries have requested termination of the Common Trust and division of all Trust assets1o into three (3) separate “Child’s Trusts” for the benefit of the children pursuant to paragraph 6.211 of the Trust. The request makes no reference to any of the assets to be divided to be distributed12 to Grantor’s grandchildren pursuant to the Exercise of Trustee’s Discretion Exhibit B. The13 distribution of the trust in equal shares to bOth the children and grandchildren as provided in the14 Exercise of Trustee’s Discretion Exhibit B is an issue between the parties.1516 ISSUE #2: What is the effect of the Exercise of Trustee’s Discretion (Exhibit B) on17 the terms of the Trust?1819 10. Under the Exercise of Trustee’s Discretion Exhibit B which modified the20 distributional and other provisions of the Trust, by agreement of all beneficiaries and Trustee in21 2004, do the grandchildren of the Grantor have rights to distribution that should be represented in22 any resolution of the issues. Whether that document is valid and binding on the parties at this23 time, and the effect of all prior distributions to date to each children and grandchilden, is an issue24 between the parties.2526 ISSUE #3: What are the rights and duties of the acting Family Trustee,27 Distribution Trustee, and Administrative Trustee?28 5 [Petition for Instructions to Trustee] 11. The rights and duties of the acting Family Trustee, Distribution Trustee, and N Administrative Trustee is an issue between the parties such as proper administration and 3 distribution of the Trust, payment of reasonable Trustee fees and reimbursem*nt of costs, and 4 relief fiom liability for reasonable performance of Trustee duties. 5 6 7 PRAYER 8 9 Petitioner prays that the Court instruct Petitioner as Trustee of the Trust, as follows:10 1. Ifall the parties agree in writing 011 resohrtion of all issues between the parties, that1 1 such agreement be approved by Court;12 2. Ifall the parties cannot agree in writing on resolution of all issues between the parties,13 then the Court is requested to proceed to resolve all issues not otherwise agreed to by the parties;14 3. For such further instructions to Petitioner as the Court deems appropriate.15 W‘fi/flw ‘16 Dated: May /52/ 2017 / . 71718 Robert nry Buyers, Family Trustee and19 Distribfi on Trustee Petitioner2021 ariies D. Palmer, IV Attorney for Petitioner22/232425262728 6 [Petition for Instructions to Trustee] I, the undersigned, say: I amthe Petitioner in the above entitled action; that I have read the foregoing Petition for Instructions to Trustee and know the contents thereofi and I certify that the same is true of my own knowledge, except as to matters which are therein stated upon my information or beliefi KOOOQONU’I-D- and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of Califomia , that the foregoing is true and correct. Executed on May AZ, , 2017 at Foster City, California.10111213141516171819202122232425262728 7 [Petition for Instructions to Trustee]EXHIBIT _A_ l’ 5 ”Doc/ff; m RC @9935 its“ g 22 '21, 216:2)s 50pm ems SECURITIES FEB ' — ‘ Q3”01~1'5 ' _ COPY TRUST AGREEMENT Among J .W.A. BUYERS Gunter And ROBERT HENRY BUYERS and FIRST SECURITY BANK OF IDAHO, Nix. Trustew I Crating a Trust Known A3 ,471%. $[3’2‘1r'j 6 «_ JEHE BUYERS PERPETUAL ASSET SHIELD TRUST - Effective: Fr97a/ mm - NITSC 01138-000142, 24-324RHKFEB 22 ’31 86:88PM Gd IN GATE SECURITIES THE BUYERé PERPETUAL ASSET SHIELD TRUST Tao}; of figment;ARTICLE I IDEN‘ITI‘ Y OF FAMILY WWI-'- Gramor Elsie Hi—r—I ChildrenAKI'ICLB II TRUST DESIGNATION AND ASSETS 2.1 Designation 2-2 A3523ARTICLE III DISEOSITIVE PROVISIONS 3.1 Common Trust 3.2" Provisions for Descendants 3.3 Separan: Trust for Primary Beneficiary 3.4 Contingent BcnéficianesARTICLE IV DISTRIBUTION PROVISIONS 4.1 Method of Distribution 4.2 Distribution Guideli'nas 4.3 Evidence of Need 4.4 Facility of Paymsnt at!» .w. 4.5 Power to Divide TruSt 4. 6 Maximum Term of Trusts . _ «.uuwumwnnu" 4:7 Spendmrift Restriction 4.8 Use of Residential Property “Mm-«mu. 4.9 S Corporation StockARTICLE V CRUMMEY WRAWAL RIGHTS I:r'.'1\"\ilh"m‘l 5.1 Limited Withdrawal Right 5.2 Expimu‘on of Withdrawal Right 5.3 SuSpcndcd Amount (1)FEB 22 '31 asmepm csoLugN GRTE SECURITIES P.3/% r 5.4 Intention'to Qualify Tmnsfcr for Annual Exclusion 5.5 Amendments m»...wu THE TRUSTEE Common Trust . Child's This; Descendants' This: Resignation Qualification of Corporate Trustocs L" Reorganization of Corporate Trustees V Trustee’s Fees Waiver of Bond Liability Accounting Reports 9999999. 6:55:5“m Represanmfion of Barmfizizry Incapacity of Individual Tmsrees Restriction on Who May Serve as Truswes Trust Committee -ARTICLE VII _TRUSfPJH£DHSflUfl10N 7. l Goneral Powers 7.2 Commlling Provisions 7.3 Undistfibuted Income Added to Pn‘ncipal 7.4 Fiduciaxy Capacity 7.5 Consolidation of Tmsm 7. 6 Out—of—Statc Properfiw 7.7 Liability of Third Party 7.8 No Cour: Supervision 7.9 Change in Circ*mstancm _ 740 Sales Within Two Yours 7. 11 Waiver of "Prudent Person" RuleARTICLE VIII ALLOCATION OF TRUSTEE POWERS , NJHT‘h‘HT-Hu”. .,, _..,ARTICLE IX POWERS OF APPOINTMENT 9.1 ' Appointment War wwawwmwx-mmmum‘ 9.2 Release of Powers «2-, mFEB 22 '31 86:28PM é JEN GQTE SECURITIES P.4/36'I I 9.3 Exercise of Power of Appointment 9.4 Detonninalion of Exercise of Power of Appointment 9.5 Rights of Appointee ARTICLE X LIMITATIONS 10.1 General Fewer 10.2 Restrictions 10.3 Support 10.4 Life Insurance ARTICLE X] IRREVOCABILII’Y OF TRUST Trust Irravmable and Unamcndable 11.2 Rmuneiafion of All Intermix: ARTICLE XII INSURANCE PROVISIONS 12. 1 Policies Owned by the Trustees 12.2 Payment of Premiums 12.3 Collection of Proceeds 12.4 Payer Protected ARTICLE XIII GENERATION-SKIPPING PROVISIONS 13.1 Definitions 13.2 Administration of Exempt and Nonexempt Trusts 13.3 Administrative Intent; Coordination 13.4 Construcrion 13-5 Reformation ARTICLE XIV DEFINITIONS - " 14. 1 Code 14.2 Descendants 14.3 Incapanilztcd 14.4 Noam: Linwl Ancestor 14.5 Linafl Ancesmr 14.6 Qualified Charities 14.7 Qualified Charitifi (3) 'm GLEN can: SECURITIES P.5/36 FEB 22 66:88PM I THE BUYER§ PERPETUAL ASSET SHIELD TRUST on THIS TRUST AGREEMENT made and entered into , at Honolulu, Hawaii, as Grantor, ROBERT by andlamong: J.W.A. BUYERS, residing Thistee, and FIRST SECURITY BANK HENRY BUYERS , as Family Trustee and Distribution having its principal otiice in Boise,' Idaho, as OF IDAHO, N.A., a banking association ”Trustee"). ‘ Administrative Trustee (collecdveiy referred to as the RECITAIS‘. A. Gmntor desires to create one or more trusts for the property hereinafter and the Trustee has consented to acacpt and Specified for the purposes hereinafter set forth, conditions specified set forth herein. administer the trusts in accordance with the terms and B. Grantor has given the Trustee broad discretion with respect to the management, intention of obtaining the distributions, and investments of the trusts stated herein with the to minimize the objectives of benefiting the beneficiaries of the trust or trusts while attempting to minimize all wealth extent to which the nus: estate is subject to the-claims of creditors, wealth transfer taxes which any transfer taxes on the mists, and to minimize the income and on trust created herein. beneficiary hereunder or his esrate may pay any. C. Grantor has provided that the trusts created by this Agreement be perpetual to law subject only to earlier the maximum extent a trim may continue under applicable the Idaho rule distribution in accordance with the distribution standards provided herein and against suspension of alienation of real property. NOW, THEREFORE, in consideration of premises and the mutual covenants herein contained, Grantor hereby esrabiishcs the trust and assigns, conveys, transfers and delivers to the Trustee the prepcny described herein. ARTICLE I IDEN'ITI'Y QE "‘ FAN; {ELY 1,1 grantor. All references in this instrument to "Grantor" mean J.W.A. BUYERS. references in this instrument to "Elsie" mean ELSIE BUYERS. ' 1,2 flsie. All THE BUYERS PERPETUAL ASSEF -I-‘ SHIELD TRUST 1. .FEB 22 '21 os:-o9pm comm can: SECURITIES '4- P.6/36 1:3 tldren.roferenccs in this instrument to "Children" mean ELSIE All BUYERS VIEHMAN. REBECCA WATSON BUYERS-BASED. and lANE BUYERS—RUSSO. references in this instrument to a "Child" mean any one of the Children. All ARTICLE II musr DESIGNATION AND ASSETS 2.1 mm. The trust or trusts established by this instrument shall be known colloctivoly as THE BUYERS PERPETUAL ASSET SHIELD TRUST. Each separate trust _ established horcunder for the primary benefit of a person shall be known by the name of that person. 2.2 has dzlivorexl to the Tmstoc‘ without considtration, the. Asgg. Grantor propertios described in tho Schedule of Pmpeny annexcd hereto. Additional propcrrifls acceptable to the Tmswo may be mnsfcmd by Grantor or by others to the Trustee as a pan of trust estate. The Trustee shall hold, administer, and dlsnibutc the trust estate in the: accordance with the terms of this instrument. ARTICLE III DISPOSITIVE PROVISIQNS 3-1 Qommon Trust. The. Trusts: shall hold the trust estate. in a single: trust (the prOVide A. W. "Common Trust"), administered and distributed as follows: for the needs of Gmtor's The purpose of the Common Trust is to primry Children and thcir dcsccndants. B. Disn—lbutions. 1. ' Income. The Family Trustee may distribute to Grantor's ~-—~ Children and their descendants so much of the net income, as will provide for their moods. The Distribution Tru‘siee may distribute to Grantor's Children and their descendants so much of the income as will pmide for their best interests. 2. Principal. The. Family Trustee may distribute to Grantor’s Children and their descendants so much of the: principal as will provide for the. beneficiaries‘ needs. The Distribution Trustee may distribute to Grantor’s Children and their THE BUYERS PERPETUAL ASSET SHIELD TRUST -2-FEB 22 '21 26:89PM comm can: SECURITIES P.7/35 descendants so much of the principal as will provide for their best interests. 3, [.n5mtotigns. Distributions to Grantor's Children and their descendants shall be; subject to the Distribution Instructions in Article IV hereof. C. Withdm! Eight. Subject to Article V, Grantor’s Children and eachof their descendants shall have a Withdrawal Right with respect to all Gifts to the CommonTrust. D. jljcrminatign. The Common Trust shall continue mm] the secondanniversary of the date of death of the last to die of Grantor and Elsie, at which time theCommon Trust shall terminate. Ifany descendant of the Grantor is than living, the remainingtrust estate shall be held and administered in accordance with the provisions of Section 3.2hereof. If all of Grantor‘s descendants die, the Common Trust shall tomtinate and the:remaining trust estate shall be distributed in accordance with the provisions for Contingent 3.2 Provisions for Descendants. Hone; or mare Omntor’s descendants are living of the Common Thur (the "Division Date"), the Trustee shall divide int—.1.at the date of termination .m,the trusc pmperty into separate equal shares, one. share for each than living Child and one: share 1.»for than living descandanrs. collectively, of each deceased Child. The: Trustee shall hold,administer, and distribute mch share allocated to 2. Wing Child in a separate trust, of which that uwmavdmmmwChild shall ho moiPrimary Beneficiary, in accordance with the provisions of So'ction 3.3, and "mshall hold, administer, and distribute mob share or pan of a share allocated to the descendants “w"ofadeccaschildinasopamt/a trust, ofwtdchthatdcscendant shall bathe Primary‘Bmeficiary, in accordance with the provisions of Seeder: 3.3L 3.3 Sggamte TIES f9; fiimaxy Bgnefig'ggb Each trust set aside for a doscendantof the Grantor (each such dehumdant shall be referred to herein as the Primary Beneficiary ofhis separate trust) shalibc hold, administered, and distribut on the torms provided in thisSection. Tho Trustee shall comply with the diroctives of the Article governing Generation-Sldpping Provisions regarding the formation of Exempt and Noncxempt Trusts for the PfimzqrBeneficiary. A. ntributigns. 1, Income. The Family Trustee may distribute to the Primary Beneficiary Wis dficendants so much of the income as neuéaifMfie Distribution Trustee may . will provide for tfi'Si? distribute to the Primary Btncficiary and his descendants so much of the. income as will provide for their best interests.THE BUYERS PERPETUAL ASSETSHIELD TRUST -3- i ,z-'FEB 22 ’61 66:18PM GOLMN GQTE SECURITIES P.8/36 2. Principal. The Family Trustee may distribute to the Primary Beneficiary andflhis.ad;csgondants so mmofumg principal as will praying: fogthoy benefictanes ”hoods. Thc Dismbunon Trustee may distribute to the azuy Beneficiary and his descendants so much of the principal as will provide for their best intcmsts. 3. m. Distributions to the Primary Beneficiary and his descendants shall ho subjecr to the Distribution Instructions in Article IV hereof. B. Withdraw; to Article V, the Primary Beneficiary and 31'? hi. Subjecteach of his descendants shall have a Withdrawal Right with respect to all Gifts to the PrimaryBeneficiary’s Trust. ' C. Tenninatiormf Primary Beneficiary; Trust. If not earlier terminatedby distribution ofthe entire must state under the foregoing provisions, tho PrimaryBennfidary’ 5 Trust shall nominate on the death of the Primary Beneficiary, at which timt: theremaining trust estate shall be distributed as follows: 1. general Power. If, pursuant to the Article governing Genezafion-Sldpphig Provisions. a separate Nonmempt Trust is established for a Primary Beneficiary with an inclusion ratio of one, the. Trustee shall, distribute all or any portion of thc-Appointmcnt Amount to such persons and entities whom the Primary Beneficiary shall designate, including the Primary Bcncficiary’s estate. tho Primary Benoficiary‘s croditor‘s, and the; creditors of the Primary Bencfioiary's estam, in such amounts and proportions and on such terms and conditions, either outright or in out, as the Primary Beneficiary shall appoint by a will or acknowledged written instrumont which is mutcd after the event that caused the trust to be created for the Primary Beneficiary, and which spocifimlly refers to this power and expresses the intention to ‘W exorcise itand which shall take effect upon the death of the Primary Beneficiary. Provided if the Appointment‘Ianagcf has exercised his power to convert this general power of appointment to a special power of appointmcnt over all or a part of the Appointment Ammmt, the Primary Beneficiary shall have no right to appoint such part of the Appointment Amount which has boon so converted to the Primary Beneficiary, the Primary Beneficiaty' 5 estate, the PrimaryTHE BUYERS PERPETUAL ASSETSHIELD TRUST ‘4~ VG"”“‘""""11‘-’i<\ln| ‘tFEB 22 ’21 86:16PM GOLDEN GRTE SECURITIES P.9/36 ‘Beneficiary’s creditors or‘the creditors of the Primary Beneficiary’s estate. 5135;31 Power Any property remaining in the Primary Beneficiary' 5 Trust on the death of the Primary Beneficiary not subject to the foregoing pawer of appoinmtent (including, without limitation, any assets of a separate Exempt Trust for the Primary Beneficiary and any assets in the Nonexempt Trust in access of the Appointment Amount) shall be distributed to the limited class consisting of the Grantor' s descendants (other than the Primary Beneficiary) and their Spouses, including the Primary Beneficiary s spouse; provided, however, that any interest or estate for the benefit ofa spouse shallbehmrtultoahfeeetate orincome interest intustforthatspousqthcmmainderofwlfichshallbe payable to or for the benefit of one or more of the descendants of the Grantor (other than the Primary Beneficiary) in such amounts and proportions and on such terms and conditions, either outright or in trust. as the Primary Beneficiary shall appoint by a will or acknowledged written instrument which is executed after the event that caused the trust to be crated for the Primary Beneficiary, and width specifically refers to this power and expresses the intention to exercise it and whichshall take eit'ect upon the Primary Beneficiary's death. No appointment shall benefit persons Other than members of the restricted group who are the objects of this power, and nothing herein shall be construed as authorizing the Primary Beneficiary to appoint under this power of appointment to himself, to his creditors. ' to his estate, or creditors of his estate. 3. Distribution of gemgjnino 25mg. Any property remaining not appointed or distributed under the provisions described above shall be distributed to the Primary Beneficizuy’s than living descendants to be held in trust as provided herein. If there are no descendants of the Primary Beneficiary then living, the Trustee shall distribute the Primary Beneficiaty's remaining trust estate to the then living descendants of the Nearest lineal Ancestor of the Primary Beneficiary and if . there are no then living desamdants of any lineal Ancestor of the Primary Beneficiary, the trusr estate shall be distributed to Grantor's descendants If any part of the trust estate is distributable to a person who is a Primary Beneficiary of 2THE BUYERS PERPETUAL ASSETSHIELD TRUST ~5. a“? m. x i‘"FEB 22 ’51 06:11PM GOLDEN GF-ITE SECURITIES FAB/3‘3 I "trust then being administered under this instrument or established by the exercise of any power of appointment under this inStrument, that part shall be added to that trust and administered according to its terms, and if no such trust is than being administered under this instrument or esmbfished by the. exercise of any power of appointment under this instrument for that person as Primary Beneficiary, that part shall be held and administered by the Trustee in a separate trust for that person in accordance with the provisions Of this Seetion 3.3, and sum person shall be the Primary ‘Bcneficiaxy of that trust. If no dmocndant of the Granwr is than living, the. Trustee shall distribute the remaining trust estate in amordancc with the: provisions for Contingent Beneficiaries below. It is Grantor's intent that the: trusts established under this Section 3.3 for the benefit of Grantor's descendants be cont 

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