From: "jeffrey E." <[email protected]> To: Noam Chomsky Subject: Re: trust Date: Wed, 18 Oct 2017 04:34:09 +0000 Inline-Images: image001.gif Even appoint you or you can rescind your withdraws On Wed, Oct 18, 2017 at 6:32 AM jeffrey E. <[email protected]> wrote: Or he can resign And appoint another trustee. Betteri On Wed, Oct 18, 2017 at 6:28 AM jeffrey E. <[email protected]> wrote: The children can agree then no issue On Wed, Oct 18, 2017 at 4:10 AM Noam Chomsky ala wrote: Seems to me best to postpone the call until there is time to consider the matter further. I would like to see the documents concerning appointment of Trustees. Something seems to be missing about my resignation as Trustee and appointment of Harry in my place in 2014. Noam Noam On Tue, Oct 17, 2017 at 7:21 PM, Deborah Peelle( Quinan wrote: Hi Noam, Max is asking because he has a duty to balance your interests, with the interests of the children who are the remainder beneficiaries. This is a matter of general fiduciary law governing trustees, absent a provision in the trust that specifically permits a trustee to disregard the interests of the remainder beneficiaries. Such a provision does not appear in Carol's trust. Please see page 2, paragraph 5.1 of the trust, attached. The trust is governed under Massachusetts law (see page 14 paragraph 13.6 of the trust) and it is possible that I may find case law to support the proposition that the interest of the beneficiary who is the surviving spouse takes precedence over the remainder beneficiaries of a marital trust; or a case that provides some guidance, such as to what extent the other financial circumstances of the surviving spouse must be taken into account when a trustee considers making a discretionary principal distribution. Please let me know if you would like me to EFTA00982331