Educational trust for children of marriage.

It is the purpose of this trust to provide a fund in order that _________ and _________, who are the children of husband and wife, may obtain that degree of higher education beyond high school training (whether college, professional school, graduate school, trade school, or other special training or education beyond high school) to which each beneficiary aspires and which, in the judgment of the trustee, is within his or her reasonable capacity. In making distributions of income or principal from the trust in order to effect the purpose of the trust, the trustee is to bear in mind the principle of equality between the beneficiaries unless need, health conditions, ability or other circumstances require otherwise in the judgment of the trustee.

Therefore, the trustee is directed to administer the total trust as follows:

1. The trustee shall pay to or apply for the benefit of either child, or both, such amounts from the income of the trust, and, if and to the extent income is insufficient, out of principal of the trust, as the trustee, in the trustee's sole, reasonable discretion, deems necessary to pay all expenses reasonably related to each child securing that degree of higher education beyond high school training (whether college, professional school, graduate school, trade school, or other special training or education beyond high school) to which each child aspires and which, in the judgment of the trustee, is within his or her reasonable capacity, including such expenses as tuition, room, board, transportation to and from school at reasonable intervals (excluding the purchase price and the expense of operation of automobiles and other vehicles), clothing, and other expenses necessarily incurred in the pursuit of a higher education as defined herein. The trustee shall not, however, pay tuition expenses in excess of the amount of tuition charged at a state supported institution offering a comparable program of study to that institution in which a child is enrolled.

2. The trustee shall make payments for the above-described purposes to or on behalf of a beneficiary as long as, in the opinion of the trustee, the child is making a good faith effort to pass his or her work.

3. If a child is receiving benefits from the trust estate, such child shall submit to the trustee and to husband and wife, within a reasonable period after the end of each school semester, a copy of a complete transcript of his or her grades for the courses enrolled in and completed for that semester.

4. Each child shall continue his or her higher education from year to year without unreasonable interruption or delays; delays or interruptions resulting from illness or military service are not unreasonable.

5. The trustee shall have emergency powers, in the event of severe injury or serious and prolonged illness to a beneficiary after he or she reaches the age of _________, to disburse funds from the trust, first from income and then from principal, for expenses incurred and not covered by any type of medical or hospitalization insurance policy or policies providing such care (including but not limited to medical, hospital and nursing expenses). For the purpose of the foregoing, the trustee shall consider all funds which are available to such child, such as his or her own assets and funds which are known to the trustee, and, particularly, funds of any person who is willing and able to provide for the health, support and maintenance of such child.

6. This trust shall terminate as to each beneficiary when such beneficiary reaches the age of _________. No beneficiary is eligible for any benefits of any kind from the trust estate after his or her _________ birthday.

7. In the event one of the beneficiaries should die before reaching the age of _________, the trust estate shall remain intact and be maintained by the trustee for the benefit of the remaining beneficiary. When the younger beneficiary reaches the age of _________, or in the event one of the beneficiaries should die before reaching the age of _________, when the last surviving beneficiary of the trust reaches the age of _________, or when the last surviving beneficiary dies before reaching the age of _________, the trustee shall deliver the then remaining trust estate, free of trust, to husband, or to his heirs, personal representatives or assigns, as the case may be.

 

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