From: Noam Chomsky Sent: Friday, October 20, 2017 2:28 AM To: jeffrey E.; Valeria Chomsky Subject: Re: trust Good idea, and will talk it over with Valeria -- who's=now so involved in all of the aspects of the Big Move -- today and the nex= few days -- that she can barely think about it. My immediate feelin=, before consultation with her, is that we should delay this option until =e see the outcome of the request for the distribution of the trust. Noam On Thu, Oct 19, 2017 at 11:46 AM, jeffrey E. =lt;jeevacation@=mail.com <mailto:[email protected]» wrote: it seems if both the trustees resign, you can appoint two pe=ple you trust. On Wed, Oct 18, 2017 at 9:27 PM, Noam Choms=y wrote: Thanks for the information. Could you ple=se let me know what steps I should take to regain control of the trust. Thanks, Date: Tue, Oct 17, 2017 at 7:21 PM Subjec=: RE: trust To: Noam Chomsk Cc: Gene Land Hi Noam, Max is asking because he has a duty to balan=e 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 =hat specifically permits a trustee to disregard the interests of the remai=der beneficiaries. Such a provision does not appear in Carol4k=99s trust. Please see page 2, paragraph 5.1 of the trust, attached. The trust is governed under Massachusetts law (=ee 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 w=o is the surviving spouse takes precedence over the remainder beneficiaries of a marital trust; or a case that provid=s some guidance, such as to what extent the other financial circumstances =f the surviving spouse must be taken into account when a trustee considers=making a discretionary EFTA_R1_01758677 EFTA02581907