Testamentary trust provision with stock to held in trust for grandchild and no distributions to be made until a certain age is form
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Testamentary Trust Provision with Stock to Held in Trust for Grandchild and no
Distributions to be Made until a Certain Age is Reached
I. I give, devise and bequeath unto my granddaughter, ________________________
__________________ (name of granddaughter) ________ (number) shares of
__________________________ (common or preferred) stock in ___________________
________________________________________ (name of company) , a corporation
organized and existing under the laws of the state of ____________________________
(name of state) , provided, however, said stock shall be held in trust by _______________
________________________ (name of trustee) of _______________________________
________________________________________________________________________
(street address, city, county, state, zip code) . Said Trustee shall invest all dividends
generated by said stock, and no distribution shall be made to my granddaughter of any
part of the corpus or income of said Trust until she becomes fifty (50) years of age.
Notwithstanding the foregoing, if the provisions of this trust shall violate the rule against
perpetuities , then such trust shall terminate, if it has not previously terminated, twenty
(20) years after my death at which time all of the corpus and income of said trust shall be
transferred to my granddaughter, _______________________________________ (name
of granddaughter) . If _________________________________________ (name of
granddaughter) dies before the termination of this trust, then the corpus and income of
said trust shall be transferred to my surviving grandchildren _______________________
________________________________________________________________________
(names of grandchildren) twenty (20) years after my death. If any of said grandchildren
shall predecease ____________________________________ (name of granddaughter) ,
or not be living at the time of the termination of the trust, then that grandchild’s share
shall pass to the surviving grandchildren.
II. The Trustee shall have full power and authority to invest and reinvest the stock
dividends and income derived therefrom in such manner and upon such terms and
conditions as the Trustee may see fit; to pay taxes of every kind existing against the trust
property; and to do all other acts which, in the judgment of the Trustee, may be neces sary
or appropriate for the proper and advantageous manage ment, investment and distribution
of the trust estate to the same extent as though it were the sole owner of the trust
property. In addition, the Trustee shall have all of the powers granted by the "Uniform
Trustees' Powers Act," being __________________________________________ (Cite
Statutes of State) as now enacted or hereafter amended, reference to which statutes is
hereby made for all pur poses.
III. Neither the principal nor the income of the Trust fund, nor any part of same, shall
be liable for the debts of any bene ficiary hereunder, nor shall the same be subject to
seizure by any creditor of any beneficiary hereunder, and no beneficiary hereunder shall
have any power to sell, assign, transfer, or in any manner to anticipate or dispose of her
interest in the Trust fund, or any part of same, or the income produced from said fund or
any part of same.
IV. The trust hereinbefore created is a private trust, and the Trustee shall not be
required to obtain the order or approval of any court for the exercise of any power or
discretion herein given. The Trustee is hereby authorized to receive and retain for its
services in administering the trust reasonable fees and compen sation in accordance with
that which is customarily and generally charged for performing trust services of the
nature involved in said trust. The Trustee shall not be required to enter into any bond as
Trustee, nor shall it be required to return to any court any periodic formal accounting of
its administration of the trust, but the Trustee shall render annual accounts to my said
Granddaughter. No person paying money or delivering property to the Trustee shall be
required to see to its application.
V. If _________________________________________ (name of trustee) shall be
unable or unwilling to continue serving, then ___________________________________
(name of successor trustee) of ______________________________________________
________________________________________________________________________
(street address, city, county, state, zip code) shall have the right to become the Trustee of
this trust . Any Trustee may resign by giving written notice specifying the effective date
of the resignation to the designated successor Trustee.
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