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Effective as ofthe date that the Court Order and Judgment becomes final("Effective Date")
approving this Nonjudicial Settlement Agreement ("Agreement"), the herein defined "Parties"
enter into this Agreement regarding the Certain Trusts Created under Article Seven, Section (83)
ofthe Last Will and Testament of Sherlock Hibbs, as amended.
1. On April 3,2002, Sherlock Hibbs("Grantor") executed his Last Will and Testament. On
April 5,2002, Grantor executed the First Codicil to his Last Will and Testament. The Last Will
and Testament, as amended by the First Codicil, is referred to herein as the "Will."
2. Pursuant to Article Seven ofthe Will, Grantor "devise[d] to the following named persons
the sums of money or other property as specified."
3. Pursuant to Section (83) of Article Seven of the Will, Grantor provided "Five Million
($5,000,000) Dollars to the Curators ofthe UNIVERSITY OF MISSOURI,as trustees, in trust, to
be held and administered" pursuant to this Section. The trust instrument created by Section 83
shall be referred to as the "Section 83 Trust Instrument."
4. The Section 83 Trust Instrument states that the provision for the University of Missouri
was to be divided into six (6) separate amounts and that each "said amount shall be held in a
separate trust fund."
5. Those six separate trust funds created by the Section 83 Trust Instrument are:
A. The James Harvey Rogers Chair of Money, Credit and Banking("Trust I"), which
was to be funded with One Million, One Hundred Thousand ($1,100,000) dollars;
D. The Emma S. Hibbs Distinguished Professorship, number one ("Trust 4"), which
was to be funded with Five Hundred and Sixty-Seven Thousand ($567,000) Dollars;
E. The Emma S. Hibbs Distinguished Professorship, number two ("Trust 5"), which
was to be funded with Five Hundred and Sixty-Seven Thousand ($567,000) Dollars;
and
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F. The Myron Watkins Distinguished Professorship ("Trust 6"), which was to be
funded with Five Hundred and Sixty-Six Thousand ($566,000) Dollars.
Trust 1, Trust 2,Trust 3, Trust 4, Trust 5,and Trust 6 are collectively referred to as the "Trusts."
6. The Trusts were established for the benefit of, and were to be used by, the University of
Missouri-Columbia College of Business and Public Administration.
7. The Section 83 Trust Instrument contains additional terms on which the Trusts are to be
held and administered that are discussed more fully herein.
9. The Section 83 Trust Instrument authorizes the trustees of the trusts to non-judicially
modify the terms of the trust instrument applicable to the administration of the trusts if, in the
judgment ofthe trustee, it becomes clearly necessary in order to carry out Grantor's wishes for the
use ofthe trusts' funds as long as such modification does notjeopardize tax exemptions or vitiate
the consecutive five year requirement or the free and open market economy qualification of the
Chairs or Distinguished Professorships.
The Parties;
1. The Curators of the University of Missouri, the Board of Curators of the University of
Missouri and the members of the Board of Curators of the University of Missouri (hereinafter
separately or collectively referred to as the "Curators"), in their capacities as trustees and
beneficiaries ofthe Trusts. The legal name ofthe University of Missouri System is"The Curators
of the University of Missouri." R.S. Mo. § 172.020 ("the state university is hereby incorporated
and created as a body politic and shall be known by the name of'The Curators of the University
of Missouri'"). The Board of Curators of the University of Missouri governs the University
System. R.S. Mo. § 172.010 ("A university is hereby instituted in this state, the government
whereof shall be vested in a board of curators"). The Board consists of individual members
appointed by the Governor, by and with the advice and consent of the Senate, each for a term of
six years. The members of the Board of Curators have by unanimous resolution authorized
President Mun Choi to execute this Agreement on behalfof their individual and official capacities
and on behalf of the Board of Curators.
The Curators and Hillsdale are sometimes individually referred to as a "Party" and collectively as
the "Parties."
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Recitals of Fact:
1. The Trusts were established by the Section 83 Trust Instrument. A copy ofthe Will, which
includes the Section 83 Trust Instrument, is attached hereto as Exhibit A.
2. Grantor died in 2002 and the Trusts were thereafter funded when the Curators received the
funds indicated in the Section 83 Trust Instrument.
3. Since the funding ofthe Trusts, the Curators have acted as the Trustees ofthe Trust.
4. The Trusts are registered with the Probate Court of Boone County, Missouri as a result of
CauseNos. I8BA-PR004I8- 18BA-PR00423.
5. On October 17, 2017, Hillsdale filed suit against the Curators in the Circuit Court of St.
Louis County under Cause No. 17SL-CC03833(the "St. Louis County Lawsuit").
6. In the St. Louis County Lawsuit, Hillsdale asserted a count for declaratory judgment, for
breach ofcontract, and for unjust enrichment.
7. The Curators denied the pertinent allegations of the St. Louis County Lawsuit and sought
to have that lawsuit transferred to Boone County, but their Motion to Transfer venue was denied.
8. The Curators later sought and were granted a writ of prohibition from the Missouri
Supreme Court under Cause No. SC97418, which required the Court in the St. Louis County
Lawsuit to transfer said action to Boone County, Missouri.
9. The St. Louis County Lawsuit,once transferred to Boone County, was assigned Cause No.
I9BA-PR00406(the "Boone County Lawsuit")and remains pending.
10. On October 17, 2019, Hillsdale filed a separate action in the Probate Division of Boone
County under Cause No. 19BA-PR00425,alleging claims for breach oftrust/fiduciary duty,aiding
and abetting breach oftrust/fiduciary duty,and unjust enrichment against all ofthe individuals that
had served as members of the board of curators or had received funds from the Trusts as faculty
members (the "Trust Lawsuit"). The Trust Lawsuit remains pending and none of the defendants
has been served with process or answered.
11. The gravamen of Hillsdale's allegations in the lawsuits is that the Curators and/or the past
and present members ofthe Board ofCurators did not comply with the terms created by the Section
83 Trust Instrument.
12. Specifically, the Section 83 Trust Instrument states that in making the appointment to the
chairs and professorships supported by the Trusts, "[t]he appointee's qualifications will be
considered in light of his or her experience, achievements and reputation within the finance
community. The appointee must be a dedicated and articulate disciple ofthe free and open market
economy (the Ludwig von Mises Austrian School of Economics)."
13. The Section 83 Trust Instrument further provides that the Curators must certify to Hillsdale
once every four(4) years that the appointees meet the aforementioned qualifications.
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14. The Parties have disputed how to determine the qualifications ofsuch appointees pursuant
to the terms of the Section 83 Trust Instrument and whether certain appointees met such
qualifications.
15. Hillsdale alleges that as a result of the Curators' actions and inactions, the funds in the
Trust should be transferred to Hillsdale.
Recitals of Law;
1. All interested persons may enter into a binding nonjudicial settlement agreement with
respect to matters involving a trust, provided that the matters agreed to do not violate a material
purpose ofthe trust and include terms and conditions that could be properly approved by a court.
Mo. Rev. Stat. §456.1-111.
2. The term "interested persons" means the persons "whose consent would be required in
order to achieve a binding settlement were the settlement to be approved by the court." Mo. Rev.
Stat. §456.1-111.1.
3. The term "interested persons" includes beneficiaries and any others having a property right
in or claim against a trust estate which may be affected by a judicial proceeding. It also includes
fiduciaries and other persons representing interested persons. Mo. Rev. Stat. § 456.1-103(10).
4. The Curators and Hillsdale are the only "interested persons" as it relates to the Trusts.
5. Matters that may be resolved by a nonjudicial settlement agreement include, but are not
limited to,"the interpretation or construction of the terms of the trust"; "direction to a trustee to
refrain from performing a particular act or the grant to a trustee of any necessary or desirable
power"; and "liability of a trustee for an action relating to the trust." Mo. Rev. Stat. § 456.1-
111.4(1),(3)and (6).
6. Any interested person may request the court to approve a nonjudicial settlement agreement
and to determine whether the agreement contains terms and conditions the court could have
properly approved. Mo. Rev. Stat. § 456.1-111.5
7. A court may modify the dispositive terms of a trust if, because of circumstances not
anticipated by the settlor, modification will further the purposes of the trust. Mo. Rev. Stat. §
456.4-412.1.
8. A court may modify the management or administrative terms of a trust if modification will
further the purposes of a trust. Mo. Rev. Stat. § 456.4-412.2.
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10. A court may reform the terms ofa trust, even if unambiguous,to conform the terms to the
settlor's intention if it is proved by clear and convincing evidence that both the settlor's intent and
the terms of the trust were affected by a mistake of fact or law, whether In expression or
inducement. Mo. Rev. Stat. § 456.4-415.
11. A beneficiary's consent to a trustee's actions and a release ofthe trustee from liability are
valid unless the consent or release was induced by the trustee's improper conduct or the beneficiary
was unaware of his or her legal rights or of the material facts relating to the consent or release.
Mo. Rev. Stat. § 456.10-1009.
12. All interested persons in the Trusts are Parties to this Agreement.
13. Article Eleven, Section (b)of the Will authorizes a trustee of any trust created under the
Will to compromise, settle or adjust any claim or demand by or against any part of any trust and
to agree to any rescission or modification of any contract or agreement in which any trust is in any
way involved, all upon such terms as the trustee shall deem best for the beneficiaries.
14. Article Twelve, Section (d)ofthe Will provides that a trustee of a trust created under the
Will shall have all power, authority and protection granted to the trustees under the laws of the
state in which it is domiciled with reference to the administration ofany trust created by the Will,
although the validity and interpretation of the trust shall be governed by the laws of the State of
Florida.
15. The Parties believe that the Trusts are governed by Missouri law for the purposes of this
Agreement. To the extent the Trusts are governed by Florida law, the relevant provisions of Fla.
Stat. Ann. Chapter 736 are substantially similar to the aforementioned provisions of Missouri law.
16. The Section 83 Trust Instrument authorizes the trustees of the trusts to non-judicially
modify the terms of the trust instrument applicable to the administration of the trusts if, in the
Judgment ofthe trustee, it becomes clearly necessary in order to carry out Grantor's wishes for the
use ofthe trusts' funds as long as such modification does not Jeopardize tax exemptions or vitiate
the consecutive five year requirement or the free and open market economy qualification of the
Chairs and Distinguished Professorships.
17. There is uncertainty and ambiguity regarding the terms of the Trusts, and the Parties have
entered into this Agreement in order to avoid the time and expense of protracted litigation as to
the interpretation and construction ofthose terms.
18. The Parties now intend to make certain agreements regarding the funding and
administration ofthe Trusts and to modify certain provisions under the Section 83 Trust Instrument
as more specifically set forth below.
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Agreement;
In consideration of the mutual covenants and agreements set forth herein, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties, intending to be legally bound, agree as follows:
1. Adoption of Recitals. The Parties hereby consent and agree to the facts and matters
described above and contained in this Agreement, that they are contractual in nature, and that all
representations contained in this Agreement are true, accurate, and material to this Agreement.
2. Contingent Upon Court Approval. Each of the Parties acknowledges that this
Agreement is contingent upon judicial approval. As soon as practicable after the last party
executes this Agreement, the Parties agree to file an action in the Probate Court of Boone County
seeking approval ofthis Agreement and modification of the Section 83 Trust Instrument. A copy
of the Petition to be filed in said action is attached hereto as Exhibit B. A copy of the proposed
Judgment to be filed in said action is attached hereto as Exhibit C. After this Agreement is ftilly
executed, each of the Parties agrees to take all reasonable actions to request the court's approval
ofthis Agreement and modification ofthe Section 83 Trust Instrument. In the event that the court
refuses to approve this Agreement, then this Agreement shall be null and void, but in said event,
the Parties agree to continue discussions to determine if a resolution can nevertheless be reached
consistent with the terms of this Agreement and the exhibits hereto.
3. Amendment to the Section 83 Trust Instrument. The Parties agree that the terms ofthe
Section 83 Trust Instrument should be amended in accordance with this Section.
A. The Parties agree that the revised terms of the Section 83 Trust Instrument are
attached hereto as Exhibit D.
B. The Parties agree that the revised terms ofthe Section 83 Trust Instrument include
terms and conditions that could be properly approved by a court Mo. Rev. Stat. §§
456.4-412,456.4-413, and/or 456.4-415.
C. The Parties acknowledge and agree that they will act upon and be bound by the
revised terms of the Section 83 Trust Instrument at all times following the Effective
Date.
5. Payment to Hillsdale. The Curators shall pay to Hillsdale a sum equaling one-half(1/2)
of the amount held in all of the Trusts as of the Effective Date and the Curators shall cause such
payment amount to be transferred to Hillsdale within three (3) business days following the
Effective Date. Prior to the Effective Date, Hillsdale agrees to provide proper wiring instructions
to the Curators.
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6. Dismissal of the Lawsuits. Within three(3)business days after the receipt ofthe payment
referenced in the immediately preceding paragraph, Hillsdale and the Curators shall cause to be
dismissed the Boone County Lawsuit and the Trust Lawsuit. Said dismissals are to be with
prejudice and with each party to be responsible for its own costs and attorneys' fees.
7. Full Satisfaction of Interest Hillsdale acknowledges and agrees that the amounts it will
receive pursuant to the revised terms of the Section 83 Trust Instrument and this Agreement are in
full and complete satisfaction for any devise, bequest, gift, fee, claim, or any other right it may have
under the Trusts or any trusts created under the Section 83 Trust Instrument. Following receipt ofthe
payment referenced in Section 5 of this Agreement, Hillsdale will have no further rights under the
Trusts or any trusts created under the Section 83 Trust Instrument and shall cease to be a beneficiary
thereof. Provided, however, that Hillsdale may have the right to receive other amounts pursuant to
the terms of the Will other than from the Trusts or under the Section 83 Trust Instrument. While
Hillsdale acknowledges that it is no longer entitled to anything from the Trusts or any trusts created
under the Section 83 Trust Instrument,this Agreement does not impact its rights with regard to other
provisions under the Will.
8. Release. Hillsdale, in consideration ofthe promises herein, and with the intent of binding
themselves and their respective assigns, insurers, agents, employees, officers, directors, legal
representatives, related persons or entities, any successors, and any other person or entity claiming
by,through,or under any ofthe aforementioned,does hereby release, acquit, and forever discharge
the trustees and other beneficiaries or recipients offunds ofthe Trusts(past, present or future), the
Curators and any past, present or future member of the Board of Curators, as well as their past,
present or future respective assigns,insurers,agents,employees,administrators,officers, directors,
legal representatives, related persons or entities, and any successors,ofand from any and all claims
that Hillsdale had, now has, or may have, whether known or unknown, for any losses, injuries, or
damages, whether anticipated or unanticipated,resulting from,arising out of, or connected directly
or indirectly with the claims in the Boone County Lawsuit,the claims in the Trust Lawsuit, or any
other claims or actions relating to the Trusts. These releases shall not extend to (1) the Parties'
performance of this Agreement or (2) any obligations created, confirmed, amended, or extended
by this Agreement. If any portion of these releases is held invalid or unenforceable by any court
ofcompetentjurisdiction, the other provisions ofthis release will remain in full force and effect.
9. Consent to Actions. The Parties, as beneficiaries ofthe Trusts, hereby specifically request
that the Curators, as trustee ofthe Trusts, take the actions set forth in this Agreement. Pursuant to
Mo. Rev. Stat. § 456.10-1009 and otherwise, the Parties, as beneficiaries ofthe Trusts, consent to,
release, and ratify the actions of the Curators, as trustee of the Trusts, in taking all actions since
the initial funding of the Trusts, including the actions contemplated by this Agreement.
10. Covenant Not to Sue. Hillsdale covenants and agrees not to file any claims or lawsuits
with any court or government agency against the trustees and other beneficiaries or recipients of
funds of the Trusts (past, present or future), the Curators and any past, present or future member
of the Board of Curators, as well as their past, present or future assigns, insurers, agents,
employees,administrators, officers, directors, legal representatives, related persons or entities, any
successors, and any other person related to the Trusts or any trusts created by the Section 83 Trust
Instrument or otherwise within the scope ofthe release contained in this Agreement. This covenant
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does not prevent the filing of any claims specifically excepted from the release contained in this
Agreement.
Any actual or alleged breach of this Section 11 shall not impact the validity ofthis Agreement or
the revised terms ofthe Section 83 Trust Instrument. Hillsdale's exclusive remedy for any breach
of this section 11 shall be payment of up to $15,000 from the Curators in each instance in which
the symposium is not held.
12. Intent of Parties. It is the intent of the Parties that this Agreement shall constitute a valid
and binding nonjudicial settlement agreement subject to the review and approval of the court.
Therefore, all Parties acknowledge that the matters agreed to in this Agreement do not violate a
material purpose ofGrantor in establishing the Trusts and include terms and conditions that could
be properly approved by a court under applicable law. Each Party acknowledges that all of the
matters agreed to in this Agreement are appropriate and in the best interests of all beneficiaries
with any interest in the Trusts.
13. Capacity and Representation. Each Party is authorized to enter into and execute this
Agreement. Each Party acknowledges that the terms and conditions of this Agreement will be
binding not only upon that Party but also upon all persons and successors in interest who that Party
represents or could legally represent with respect to this Agreement pursuant to Missouri law.
14. Costs and Attorneys* Fees. The costs and fees incurred by the Parties, including the costs
and fees incurred by said Party in (1) the aforementioned litigation; (2) the preparation of this
Agreement; and(3)carrying out the Parties' rights and responsibilities under this Agreement,shall
be the sole responsibility of, and shall be paid by, the Party that incurred such costs and fees. In
the event it becomes necessary to bring litigation related to this Agreement, the prevailing Party
in said action shall be entitled to an award oftheir costs and attorneys' fees from the non-prevailing
Party.
15. Third-Party Beneficiaries. The Curators, each current, former or future member of the
Board ofCurators and any and all trustees, all in their official and individual capacities, as well as
all individuals or entities that have received benefits from the Trusts, or made decisions regarding
the Trusts in their individual or official capacities since the funding of the Trusts, are expressly
made third-party beneficiaries of this Agreement. The release, consent, and covenant not to sue
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agreed to by Hillsdale in this Agreement shall, in addition to all of those persons and entities
referenced therein, inure to the benefit ofthe aforementioned individuals.
16. Consideration and Construction. The Parties hereto hereby acknowledge the receipt and
sufficiency ofconsideration as reflected in the promises and undertakings set forth in this Agreement.
The Parties agree that in the event of any interpretation or construction of this Agreement, no
provisions or terms shall be construed against any Party based on authorship.
17. Actions Necessary. The Parties agree to execute any and all documents and take any and all
actions reasonably necessary to accomplish the purposes and objectives of this Agreement in
whatever capacity is necessary.
18. Entire Agreement and Amendments. This Agreement and the exhibits hereto contain
the entire agreement and understanding of the Parties with respect to the subject matter of this
Agreement and supersedes all prior agreements, letters ofintent, understandings, negotiations and
discussions of the Parties, whether oral or written. No amendment, modification, supplement,
termination, consent or waiver of any provision of this Agreement or the S.ection 83 Trust
Instrument, nor consent to any departure from this Agreement or the Section 83 Trust Instrument,
shall in any event be effective unless the same shall be in writing and shall be signed by the Party
against whom enforcement ofthe same is sought and is consistent with Missouri law. "
19. Binding Effect. Severabilitv. Headings. This Agreement shall be binding upon and shall
inure to the benefit of all Parties, their heirs, successors and assigns and all persons acting by,
through and under them. This Agreement shall be construed so that the invalidity or
unenforceability of.one or more ofthe provisions shall not affect the remainder ofthis Agreement.
The paragraph headings in this A^ement are for convenience and ease of reference only and do
not in any way explain, modify,amplify or affect the provisions of this Agreement.
20. Counterparts and Signatures. This Agreement may be executed by the Parties on any
number of separate counterparts, and all such counterparts so executed constitute one agreement
binding on all the Parties notwithstanding that all the Parties are not signatories to the same
counterpart. For purposes of executing this Agreement, a document signed and transmitted by
facsimile machine or other electronic method is to be treated as an original document. The
signature of any Party thereon, for purposes hereof, is to be considered as an original signature,
and the document transmitted is to be considered to have the same binding effect as an original
signature or an original document.
21. Forum for Suits. Governing Law. Each of the Parties agrees that the proper forum for
resolving any dispute arising hereunder shall be the Probate Division of the Circuit Court of Boone
County, Missouri and consents to the jurisdiction ofthose courts. The Parties agree that the Trusts
are governed by Missouri law. This Agreement and the rights and obligations ofthe Parties under
this Agreement shall be governed by and construed and interpreted in accordance with the laws of
the State of Missouri applicable to contracts and trusts made and to be performed wholly within
Missouri, without regard to choice or conflict of laws rules.
22. Disclosure of Information. Each Party has reviewed all of the information about the
Trusts(and the administration ofthe Trusts) which that Party desires, each has received all of the
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information regarding the Trusts (and the administration of the Trusts) which that Party has
requested, and each has all ofthe information needed to protect that Party's interests in the Trusts
and enter into this Agreement with full knowledge ofthe facts.
23. Legal Counsel, Understanding of Agreement. Each Party has executed this Agreement
and acknowledges that such Party has read and understands this Agreement in its entirety, that
such Party has consulted with legal counsel and any other advisors as a Party deems appropriate
in connection with such Part>''s interests in the Trusts and the effect of the execution of this
Agreement, and that each has signed the same as that Party's own free act.
IN WITNESS WHEREOF,the Parties, in their respective capacities set forth above, have
executed this Agreement effective as ofthe latest date written below.
By:_
Date:
cL
k
00366703-1 10
Exhibit A
OF
SHERLOCKHIBBS
ARTICLE ONE
ARTICLE TWO
ARTICLE THREE
Residences.
(a) Apartment No.803 Leisure Park Condominium and Jerry Brown Fann. I
devise the condominium apartment commonly known as Apartment No. 803, Leisure Park
Condominium, a/k/a Victoria Park Condominium,900 Northeast 18th Avenue, Fort Lauderdale,
Florida, and legally described as
together with all fiuniture and fuhiishings located thM^in at the time ofmy death
(b) Apartments 808 and 1106 Leisure Park Condominium and Marine Towers
Condominium Apartment 2002fPH-2V I devise the condominium apartmentknown as Apartment
808,Leisure Park Condominium, a/k/a Victoria Park Condominium, 900 Northeast 18th Avenue,
Fort Lauderdale, Floridaj and all appurtenances thereto, and legally described as
ARTICLE FIVE
Tangible Personal Property. I make the following devises ofspecific items ofmy tangible
personal property:
• (b) Silver WaterPitcher. I devise my George Jensen sterling silver water pitcher
given to me and my late wife as a wedding present by Price Gilbert to DELTA TAU DELTA,
GAMMA KAPPA CHAPTER,my fraternity at the UWIVBRSITY OF MISSOURI.
ARTICLE SIX
Devises ofCash and Stock. To each ofthe following living at the time ofmy death I devise
the sum ofFive Thousand($5,000.00)Dollars and Twenty-Five Thousand($25,000.00)Dollars in
the common stock of General Electric Company:
In the event ANGELA GUERRERA is under the age oftwenty-five(25)years at the time
ofmy death,her devise shall be held in trustfor her by the trustee named herein tmtil she attains age
twenty-five(^)years, trust assets(income and principal)shall be distributed outright
and freejDfHfiSSTtb her. The tru^ of the trust created for ANGELA GUERRERA shall be her
mbthe^^JOTTY GUERRERAjaaa should she be unable or unwilling to serve as trustee for any
reason,Happoim as trustee to fill such vacancy.
In the event KRISTA SHUMATE is under the age oftwenty-five(25)years at the time of
my death, her devise shall be held in trust for her by the trustee named herein until she attains age
twenty-five(25)years,whereuponthetmst assets(Income and principal)shall be distributed outright
and free oftrust to her. The trustee ofthe trust created for KRISTA SHUMATE shall be her father,
JOHN SHUMATE and should she be imable or unwilling to serve astrustee for anyreason,Iappoint
BILL SIKKENGA as trustee to fill such vacancy. My Executor shall advise KRISTA SHUMATE
of the existence of this trust for her benefit,in writing.
In the event any of the other beneficiaries named in this Article Six are under the age of
twenty five(25)years at the time ofray death,such beneficiary's devise shall be held in trust for the
beneficiary by the trustee named herein until the beneficiary attains age twenty-five(25),whereupon
all trust assets (income and principal) shall be distributed outright and fi^ee of trust to such
beneficiary. Except as otherwise provided,the trustees ofeach trust required by the terms ofthis
Article shall be SALLY SHUMATE and BILL SIKKENGA,and should either ofthem be unable
or unwilling to serve as trustee for any reason, the survivor ofthem shall serve as sole trustee. The
trustee,in the trustee's sole discretion, may finm time to time pay to or for the beneficiary so much
ofthe principal ofthe beneficiary's trust as the trustee determines is necessary or desirable for the
beneficiary's health,education,maintenance and support.Should the beneficiarysurvive me but die'
prior to attaining age twenty-five (25), tihe remaining assets of such beneficiary's trust shall be
distributed to such beneficia^s then living children in equal shares,per capita,but ifnone,in equal
shares to such beneficiary's siblings thai living(the share of any such sibling to be added to any
existing trust created by this for the benefit ofsuch sibling).I realize that th^e will be an intawal
oftime between the date my Executor gives instructions and provides the documentation necessary
to effectthe transfer ofthe common stock of General Electric Company to the devisees thereofand
their receipt ofstock certificates therefor or other evidence ofownership. Market value changes to
Gener^ Electric Company during this interval shall not be the re^onsibility ofthe Executor nor
shall he have any liability therefor. My Executor shall choose a date or dates on which to value the
common stock ofGenerd Electric Companyfor purposes ofsatisfying the pecuniary amount to be
paid in kind by distribution ofsaid stock.Such date or dates chosen by the Executor and the closing
value on such dates shall be binding and conclusive on all coiicemed. I realize the distribution of
the common stock ofGeneral Electric Company may take place by means ofa series ofdistributions
to different devisees at differait times. After choosing the valuation date or dates my Executor is
directed to proceed with reasonable promptness to give instructions or provide the documentation
necessary to effect the transfer ofthe common stock ofGeneral Electric Company to the devisees
thereof.
ARTICLE SEVEN
Miscellaneous Devises. ■ I devise to the following named persons the sums ofmoney or
other property as specified. Except as othawise provided,individual,non-charitable devisees shall
have the option of having their pecuniary devises satisfied wholly or partiaUy in the form of
marketable securities includedin my estatesubject to administratiorL Except asotherwise provided,
marketable securities selected for this purpose by the devisees shall be valued at fair market values
on date or dates ofdistribution in whole or partial satisfaction ofthe pecuniary devises.MyExecutor
shall promptlynotifythe devisees ofthis option.This option(including abeneficiary's option to have
his or her distribution satisfied only in cash orin the form ofthe common stock ofGeneral Electric
Company) is subject to my Executor's determination of the need for the convenient and rapid
administration ofmy estate and my Executor may honor the exercise ofsome, none or all of the
options. Certain ofthe pecuniary devises set out below are to be satisfied in kind by the distribution
of the common stock of General Electric Company or may be satisfied in kind by the distribution
of the common stock of General Electric Company as the beneficiary or beneficiaries of the
pecuniary devise so choose. Should there be insufficient shares ofthe common stock of General
Electric Company subject to administration in my estate to satisfy those certain pecuniary devises
in kind, my Executor is authorized to purchase, for the beneficiaries from the assets of my estate
sufficient shares ofsaid stock to satisfy the pecuniary devises. All such purchases ofthe common
stock ofGeneral Electric Companyshall be made by my Executoron thesame date or within asshort
a period of time as is reasonably practical. The Executor shall distribute the common stock of
General Electric Company thus purchased to the devisees in satisfaction of their devisees as
promptly as the Executor,in his sole discretion, deems prudent underthe prevailing circumstances.
The date or dates upon which die Executor decides to purchase said stock shall not be subject to
question. Anyincrease or decrease in the value ofsaid stock occurring on or after date ofpurchase
shall not be taken into accoiint or result in any liability to the Executor. By way ofexample,ifthe
Executor uses Twenty-Five Thousand ($25,000.00)ofestate assets to purchase the common stock
ofGeneral Electric Company to be distributed in satisfaction ofa pecuniary devise ofthat amount,
the number ofshares thus purchased shall,- upon distribution to the beneficiary,be considered as full
satisfaction ofthe pecuniary devise,regardless ofthe value ofsaid stock on date ofdistribution. My
Executor shall not be required to take into account differing income tax bases of stock upon
distribution ofstock in satisfection ofpecuniary devises. Iwould suggestto the devisees havingtheix
derises satisfied in the form ofstock that they reinvest in the stock at least one-half(}4)ofthe cash
dividends paid on the stock. Over time, such a reinvestment program wiU greatly increase their
capital,
(2) If she shall survive me, NATALIE BLACK BOWMANs mother, LYNN
BALMA,shall be the Trustee ofthe NATALIE BLACK BOWMAN TRUST; but ifshe shall not
survive me,or shall be then or thereafter unable to act,then NATALIE'S aunt,KITTY GUERRERA,
shall serve as Trastee in her stead. In the event of a further vacancy in the office of Trustee, the
Trustees named" in Article Eleven shall seive as successor Trustee of the NATALIE BLACK
BOWMAN TRUST.No individual Trustee named in this paragr^h shall be entitled to receive fees
for serving as Trustee and each individual Trustee shall be required to sign a waiver offees before
undertaking her duties as Trustee.
(3) The omission ofROBERT BLACK from beneficial provisions of this Will
is intentional.
(35) Five Thousand ($5,000.00) Dollars and Two Thousand Five Hundred
($2,500.00)Dollars in the common stock ofGener^ Electric Conqrany to MARY GOLDTHORP
of 273Northeast44th Court,Pompano Beach,Florida,33064,but failing to survive me,this devise
shall lapse.
(37) Ten Thousand ($10,000.00) Dollars to MIMI GRACE, wife of the late
ROBERT GRACE (a former employee ofmine who worked in my citrus grove) of 318 Northwest
31st Avenue,Fort Lauderdale, Florida, but failing to survive me,this devise shall lapse.
10
(39) Two Thousand Five Hundred($2,500.00)Dollars and Seven Thousand Five
Hundred ($7,500.00) Dollars in the common stock of General Electric Company to PAMELA
HENRY of3143 Northwest39th Place,Lauderdale Lakes,Florida,33309,butfoiling to survive rne,
this devise shall lapse.
(42) Fifty Thousand ($50,000.00) Dollars, fifty (50%) percent of all stock
(whether common or preferred), fifty(50%)percent of all other equity interests that I own at the
time of my death in CORONADO,INC., fifty(50%)percent of all debt obligations, including
accmed interest, owed me at the time ofmy death by CORONADO,INC.,and fifty(50%)percent
of all oil, gas or mineral interests I own at the time of my deafli, to my attorney, ROBERT A.
KRANTZ,but foiling to survive me,the Fifty Thousand($50,000.00)Dollars cash devise shall be
made to the vridow ofROBERT A,KRANTZ,provided he is survived by a widow, who survives
me,.otherwise, the Fifty Thousand ($50,000.00) Dollars cash devise shall lapse but the said
CORONADO,INC.stock, the said CORONADO,INC.debt obligations,including accrued interest,
and the oil, gas or mineral interests I own at the time of my death, shall be distributed to JOHN
BOLLENBACHER,but failing to surviveme,to JOHNBOLLENBACHER's wife,MARTHA,and
if MARTHA also fails to survive me, this devise shall l^se. Notwithstanding the foregoing
provisions ofthis paragraph(43),ifROBERT A.KRANTZ disclaims all or any part ofthis devise,
such disclaimed propertyshall be distributed to HEATHER WREATHPARTNERS,L.P.,a Kansas
limited partnersMp.
11
(46) Ten Thousand($10,000.00)Dollars in the common stock ofGeneral Electric
Company to HELEN LOVERD (widow ofBELL LOVERD,a partner at KIDDER PEABODY &
CO.), of 11 Elden Drive, Saddle River, New Jersey,07458, but failing to survive me,this devise
shall lapse.
12
(56) Ten Thousand ($10,000.00) Dollars to W. J; NAUMUCK, of Townville,
Pennsylvania, 16360,son ofthe late JOHNNY NAUMUCK,my UtUe brother in BIG BROTHERS
AND BIG SISTERS,INC.,New York, New York,but ifW.J. NAUMUCK fails to survive me,to
his brother, MICKEY NAUMUCK,but also failing to survive me,this devise shall lapse.
13
(65) Fifty (50) Shares of the common stock of General Electric Company to
VINCENT SEPI,Leisure Park Condominium,a/k/a Victoria Park Condominium, Fort Lauderdale,
Florida, and ifhe fails to survive me,this devise shall lapse.
14
(73) Five Thousand($5,000,00)Dollars to MR.and MRSJOSE VEGA,of 3570
Northwest 35th Terrace, Lauderdale Lakes, Florida, 33309,and if either predeceases me, all to the
survivor ofthem who survives me and if both predecease me,this devise shall lapse. This devise is
made in appreciation ofJOSE VEGA'S services as maintenance superintendent ofLEISUREPARK
CONDOMINTUM.
15
(81) One Million ($1,000,000.00) Dollars to ROBERT COLLEGE,Istanbul,
Turkey. ROBERT COLLEGE shall use this devise for the purpose ofendowing a permanent chair
for an economics professor who is a dedicated and articulate disciple ofthe the Ludwig von Mises
(Austrian) School of Economics. This Chair shall be known as the"BAYARD SCHIEFFELIN
CHAIR OF ECONOMICS."This devise is subject to the requirement that the competent authorities
of ROBERT COLLEGE advise my Executor in writing within six months ofbeing notified ofthis
devise by ray Executor that this chair of economics shall be established at ROBERT COLLEGE,
Istanbul, Turkey, in the event that my Executor does not have in hand said advisement within said
six(6)month period, this devise shall instead be distributed to HILLSDALE COLLEGE,Hillsdale,
Michigan, and ifHILLSDALE COLLEGE is not then an organization described in Sections 170(c)
and 2055(a)ofthe Internal Revenue Code of 1986 at the time when any principal or income ofthe
devise is to be distributed to it, then ray Executor shall distribute the devise to such one or more
publiclysupported charitable organizations described in Sections 170(c)and 2055(a)as the Executor
in his sole discretion shall select My Executor's detennination of the timeliness ofthe advisement
shall be final, binding and not subject to question. To the extent that it is reasonably feasible,I direct
that this devise shall be maintained and administered within the continental llnit^ States.
16
(83) Five Million($5,000,000.00)Dollars to the Curators oftheUNIVBRSITY OF
MISSOURI, as trustees, in trust, to be held and administered upon the following terms and
conditions:
(b) The said separate and named trust funds are established for the benefit
of and shall be used at the UNIVERSITY OF MISSOURI-COLUMBIA COLLEGE OFBUSINESS
AND PUBUC ADMINISTRATION.
(c) Each said separate and named trust fund shall be administered and
distributed as follows:
17
(iii) Distributions from the fund shall be credited to a
distribution accountestablished on the records ofthe UNIVERSITY OF
MISSOURI-COLUMBIA to augment and support the work of the
Chair or Distinguished Professorship, as the case maybe.
(vi) The appointee shall have all the rights, privileges and
obligations of a member of the faculty of the UNIVERSITY OF
MISSOURI-COLUMBIA COLLEGE OF BUSINESS AND PUBLIC
ADMINISTRATION.The appointee's qualifications will be considered ■
in light ofhis orher experience,achievements and rqrutation within the
finance community.Ihe appointee must be a dedicated and articulate
disciple ofthe free and open market economy(the Ludwig von Mises
Austrian School of Economics). If the Chair or Distinguished
Professorship, as the case may be,remains vacant for a period offive
(5) consecutive years, the'trustees shall forthwith distribute the then
balance of the fiind to HILLSDALE COLLEGE,Hillsdale, Michigan,
and if HILLSDALE COLLEGE is not then an organization described
in Sections 170(c) and 2055(a) ofthe Internal Revenue Code of 1986
at the time when any principal orincome ofthefund is to be distributed
to it, then the trustees shall distribute the balance of the fund to such
one or more publicly supported charitable organizations described in
18
Sections 170(c)and 2055(a)as the trustees in their sole discretion shall
select Atthe end ofeach four(4)year term commencing with the date
of my death, the trustees shall promptly and in writing inform the
cdmpetent authorities of HILLSDALE COLLEGE of die name and
qualifications of each prior and present year's appointee and shall
certify that die ^pointee is a dedicated and articulate disciple of the
Ludwig von Mises (Austrian) School of Economics. Failure to
prompdyso infonn and certify shall create a legal presumption that the
balance ofthe fund should be distributed to HELLSDALE COLLEGE
at the end ofthe consecutive Eve(5)year term that coincides with the
fbur(4)yearterm.
(84) IfPHILIP CHASE survives me,I devise to the Trustee herdn qipointed, the
sum of Two Hundred Twentj^Five Thousand($225,000.00)Dollars to fund a Special Needs Trust,
to be held, administered and distributed uiider &e provisions of Subsection(a)below.
(a) The Trustee shall hold,administer, interpret and distribute the trust for
the benefit ofPHILIP CHASE,as follows:
19
(i) Income and Principal: During the lifetime ofPHILIP CHASE,
the Trustee may, from time to time, pay for his benefit so much of the income and
principal ofthis trust(including the whole thereof)as the Trustee,in its sole discretion,
detennines is necessary or desirable to provide for his special needs. Anyincome not
so paid shall be added to trust principal annually. Except insofar as they conflict with
my intentions expressed in subparagraph(b) below,PHILIP CHASE's special needs
may include the following but are not limited to the following:
(d) This trust shall not be subject to §738.12 Florida Statutes,By waiving
the application of that section ofthe Florida Statutes it is my intention to allow the Trustee, if the
Trustee so chooses, to invest and reinvest the principal of this trust for the total return of the tmst
(income and cs^ital appreciation)and without concern for producing an arbitrary minimum amount
offiduciary accoimting income.
20
(e) Upon the death ofPHILIP CaiASE,all fee rest, residue and remainder
of this trust, including any accrued but undistributed income shall be distributed in equal shares to
SOUTH COUNTY HOSPITAL. Wakefield, Rhode Island, and NORWICH FREE ACADEMY,
Norwich, Connecticut. IfPHILIP CHASE does not survive me,this Special Needs Trust shall not be
established and I instead devise the sum of Two Hundred Twenty-Five Thousand ($225,000.00)
Dollarsin equalsharesto SOUTH COUNTY HOSPITAL,Wakefiel4 RhodeIsland,and NORWICH
FREE ACADEMY,Norwich,Connecticut.
(jO I realize that this trust, ifestablished, will not be a qualified charitable
remainder trust and it is not my intention that this trust be a qualified charitable remainder trust.
ARTICLE EIGHT
Creation ofCharitable Remainder Unitrusts. The Executor shall set aside from my estate fee
sum stated for each ofthe following, to wit:
21
(7) Three Hundred Thousand ($300,000.00) Dollars for BILL
SIKKENGA,but failing to survive me, this devise shall lapse to my
residuary estate,
Each such sum set aside for a surviving beneficiary shall be distributed to the Trustee
hereafter appointed to be held as the corpus of a separate Charitable Remaind^ Unitrust for such
beneficiary. It is myintention that eachsuch separate trust shall be considered a Charitable Remainder
Unitrust within the meaning of Section 6 ofRev.Proc. 90-30 and Section 664(d)(2)of the Internal
Revenue Code (hereinafter referred to as the "Code"). The terms of each separate tmst shall be as
describ^ in subparagraphs(a) through (k)ofthis Article. The non-charitable beneficiary of each
separate unitrust is identified Weinafter as the "Recipient".
22
(a) Payment ofUnitrust Amount In each taxable year of the Trust, the Trustee
shall pay to the Recipient during the Recipient's life a unitrust amount equal to five (5%)percent of
the net fair market value ofthe assets ofthe Trust valued as ofthe first day ofeach taxable year ofthe
Trust (the "valuation date"). The unitrust amount shall be paid in equal quarterly amounts from
income and, to the extent that income is not sufficient, from principal. Any income ofthe Trust for
a taxable year in excess ofthe unitrust amotmt shall be added to principal. Iffor any year the net fair
market v^ue ofthe Trust assets is incorrectly determined, then within a reasonable period after the
value is finally determined forfederal tax purposes,the Trustee shall pay to the Recipients(inthe case
ofan undervaluation)orreceiveform the Recipients(in the case ofan overvaluation)an amount equal
to the difference between the unitrust amountproperly payable and the unitrust amount actually paid.
(b) Defbiral Provision. The obligation to payfire unitrust amoimt shall commence
with the date ofmy death, but payment ofthe unitrust amount may be deferred frx>m such date until
the end ofthe taxable year ofthe Trust in which occurs the complete funding ofthe Trust. Wifliin a
reasorrable time after the end ofthe taxable year in which the complete funding ofthe Trust occurs,
the Trustee must pay to the Recipients(in the case ofan underpayment)or receive from the Recipients
(in the case ofan overpayment)the difference between:(i) any urritrust amounts actually paid, plus
interestcompounded aruiually, computed for any period at the rate ofinterest that the federal income
tax regulations under Section 664 offire Code prescribe for the Trust for such corrrputation for such
period; and (ii) the unitrust amounts payable,plus interest compounded armually,computed for any
period at the rate ofinterest that the federal income tax regulations under Section 664 prescribe for
the Trust for such computation for such period.
(c) Proration of the Unitrust Amount. In determining the unitrust amount, the
Trustee shall prorate the same on a daily basis for a short taxable year and for the taxable year ending
with the Recipient's death.
(d) Distribution to Charitv. Except as otherwise provided, upon fiie death ofthe
Recipient, the Trustee shall distribute all ofthe then principal and income of his or her Trust(other
than any amount due the Recipient or the Recipient's estate under the provisions above) to the
charitable beneficiaries (hereinafter referred to as "the Charitable Organizations")identified below.
If a Charitable Organization is not an organization described in Sections 170(c) and 2055(a) ofthe
Code at the time when any principal or income ofthe Trust is to be distributed to it, then the Trustee
shall distribute such principal or income to such one or more publicly supported organizations
described in Sections 170(c)and 2055(a) as the Trustee shall select in its sole discretion.
23
distributed to it,then the Trustee shall distribute such principal or income to such one or more publicly
supported organizations described in Sections 170(c)and 2055(a)as the Trustee shall select in its sole
. discretion.
Upon the death of a Recipient surviving me and named in paragraphs (1) and (9)
through (12)ofthis Article, to wit: CHARLES HBBS,PETER"BALMA,DOROTHY SWANEY,
DONALD ZIMMERMAN and MARGE SWANEY ZIMMERMAN,the Trustee shall distribute aU
ofthe then principal and income of his or her trust(other than any amount due the decedent or the
decedent's estate,under the provisions above)to COTTEY COLLEGE.IfCOTTEYCOLLEGE is not
an organization described in Sections 170(c)and 2055(a)ofthe Code at the time when any principal
or income ofthe trust is to be distributed to it, thai the Trustee shall pay such principal and income
to such one or more publicly supported organizations described in Sections 170(c)and 2055(a)as the
Trustee shall select in its sole discretion. It is my wish that COTTEY COLLEGE keep intact and in
a separatefund the charitable remainderinterests it receives until thefund is ofsufficient size to endow
a Chair ofEconomics at COTTEY COLLEGE,dedicated to the espousal ofthe Ludwig von Mises
(Austrian)School ofEconomics.
(f) Prohibited Transactions. The Trustee shall make distributions atsuch time and
in such manner as not to subject the Trust to tax under Section 4942 of the Code. Except for the
paymentofthe unitmst amountto the Recipient,the Trustee shall not engagein any actofself-dealing,
as defined in Section 4941(d), and shall not make any taxable expenditures, as defined in Section
4945(d). The Trustee shall not make any investments thatjeopardize the charitable puipose ofthe
Trust,within the meaning ofSection4944 and theregulations thereunder,orretain any excess business
holdings, within the meaning ofSection 4943(c).
(g) Taxable Year. The taxable year ofthe Trust shall be the calendar year.
24
(h) Governing Law. The operation of the Trust shall be governed by the laws of
the State of Florida. The Trustee, however, is prohibited jfrom exercising any power or discretion
granted under said laws that would be inconsistent with the qualification ofthe Trust under Section
664(dX2) ofthe Code and the corresponding regulations.
(i) Limited Power ofAmendment. The Trustee shall have the power,acting alone,
to amend the Trustin any maimerrequired foi the sole purpose ofensuring that the Trust qualifies and
continues to qualify as a Charitable Remainder Unitrust within the meaning ofSection 664(d)(2) of
the Code.
(j) Investment ofTrust Assets. Nothing herein shall be construed to restrict the
Trustee fi-om investing the Trust assets in a manner that could result in the annual realization of a
. reasonable amount ofincome or gain fium the sale or disposition ofTrust assets.
ARTICLE NINE
(b) One Million Two Hundred Fifty Thousand ($1,250,000.00) Dollars to the
MEMORIAL SLOAN-KETTERMG CANCER CENTER,New York,New York.
25
(Q One Million($1,000,000.00) Dollars to such one or more publicly supported
organizations described in Sections 170(c)and 2055(a)ofthe Internal Revenue Code that operate in
Browaid County,Florida, or Dade County,Florida, as my Executor shall select in his sole discretion
and in such shares as he shall decide in his sole discretion. As guidance to myExecutor in maVing his
selection or selections, but not as a direction or command,myExecutor may consider such charitable
organizations as the BOY SCOUTS OF AMERICA, SOUTH FLORIDA COUNCIL,
WESTMINSTER ACADEMY, Fort Lauderdale, Florida, and THE FORT LAUDERDALB
HISTORICAL SOCIETY.
ARTICLE TEN
Residuary Estate. Excqjt as I have otherwise provided,I devise the remainder ofmy estate,
including every kind ofproperty, wherever located, which Iown at my death which is not otherwise
effectually disposed ofin this Will(that is, my residuary estate as determined by the law ofFlorida)
as follows:
My directions with respect to the distribution of my residuary estate to the charities named
immediately above in this Article shall be subject to modification as follows:
1. Ifthetotalvalueofthenetdistributableamountofmyresiduaryestate,(valued
at fair market value on date or dates of distribution), including net residuary estate income earned
during die administration ofmyestate,exceeds TwentyMillion($20,000,000.00)Dollars,such excess
over Twenty Million ($20,000,000.00) Dollars, up to and including Two Million ($2,000,000.00)
Dollars shaU be distributed as follows;
26
(Hi) Twelve and one-half(12.5%) percent to FIFTH AVENUE
.PRESBYTERIAN CHURCH;
(iv) Twelve and one-half(12.5%)percent to COTTEY COLLEGE.
2. Ifthetotalvalueofthenetdistribntableamountofmyresiduaiyestate,(valued
at fair market value on date or dates of distribution) including net residuary estate income earned
during the administration ofmy estate, exceeds Twenty-Two Million($22,000,000.00)Dollars, such
excess over Twenty-Two Million($22,000,000.00)Dollars shall be distributed to the UNIVERSITY
OF MISSOURIto endow an additional chair or chairs ofeconomics onthe same terms and conditions
applicable to the UNIVERSITY OF MISSOURI as set out in Article Seven.
ARTICLE ELEVEN
27
adjust any such matter in dispute. Any such decision of the Fiduciaries shall be binding upon all
persons whomsoever.In the event my Executoris unable to locate an individual who is the beneficiary
of a pecuniary devise within six (6) months firom the date of the Executor's appointment, after
conducting a reasonable search at reasonable expense, such devise shall lapse and ray Executor's
decision in this regard shall be binding and conclusive. I am not aware ofany outstanding loansI may,
have made to individuals but to the extentthere are any at the time ofmy death,I hereby forgive them
and any interest thereon.
(d) Borrow Money. To borrow money upon such terms and security(or with no
security)as in the Fiduciaries'sole discretion shall seem best Ifsecurity is given,die Fiduciaries may
encumber real or personal property ofthe estate or trust, and may repay from real property or other
assets ofthe estate or trust any sums borrowed.
28
(i) Minors. If any beneficiary has not attained the age oftwraity-one(21) years
at the time of distribution of my estate or any trust, such minor's share shall be distributed to the
Executor 6r Trustee (or,ifthe Executor or Trustee is unable,declines or is ineligible to serve,to such
eligible person as the Executor or Trustee shall choose)as custodian for such minor under the Florida
Uniform Transfers to Minors Act,pursuant to Chapter 710.106,Florida Statutes(as said chapter may
be hereafter renumbered or amended).
0) General Electric Stock. I realize that there will be an interval oftime between
the date myExecutor givesinstructions and provides the documentation necessaryto effectthe transfer
ofthe common stock of General Electric Company to the devisees thereofand their receipt ofstock
certificates therefor or oflier evidence of ownership. Market value changes to General Electric
Company during this interval shall not be the responsibility ofthe Executor nor shall he have-any
liability therefor. My Executor shall choose a date or dates on which to value the common stock of
General Electric Company for purposes of satisfying the pecuniary amount to be paid in kind by
distribution of said stock. Such date or dates chosen by the Executor and the closing value on such
dates shallbe binding and conclusive on all concerned. 1 realize the distribution ofthe common stock
ofGeneralElectric Companymay take place by means ofaseries ofdistributions to different devisees
at different times. After choosing die valuation date or dates my Executor is directed to proceed with
reason^le pron^tness to give instructions or provide the docummitatioQ necessary to effect the
transfer ofthe common stock of Genial Electric Company to the devisees thereof.
ARTICLE TWELVE
(a) Should there be acomplete vacancyin the office ofTrustee for anytrust created
by the terms of my will by reason of resignation, death or incapacity or any other reason, and no
successor is otherwise named herein to fill the vacancy, th^ I nominate, constitute and appoint
BANK OF AMERICA as Trustee for that trust and should BANK OF AMERICA decline to serve or
resign, then such financial institution as BILL SIKKENGA selects shall serve as successor Trustee.
IfBILL SIKKENGA fails to so act or is then deceased, BANK OF AMERICA, shall appoint a
corporate fiduciary as Trustee. Any successor Trustee hereby sppointed shall have full pow«- and
authorify as though originally appointed hereunder.
(b) Throughout this Will for convenience,I may have refacred to the Co-Trustees
or Trustee ftom time to time serving in the singular as "Trustee" and in the neuter gender,intending
reference to the Trustee or Trustees then in office, Every successor or additional Trustee shall enjoy
all ofthe power and protection granted the original Trustee hereunder. No successor or additional
Trustee shall be liable or responsible in any way for any acts or defaults of any predecessor Trustee
or Trustees, or for any loss or expoise fiom or occasioned by anything done or neglected to be done
by any predecessor Trustee or Trustees,and the successor or additional Trustee or Trustees may accept
the account or accounts rendered and the property delivered to him or them bythe predecessor Trustee
or Trustees, and shall incur no liability or responsibility to any person by reason ofso doing. No
29
Trustee shall be liable for anj'thing done or omitted to be done in good faith, norfor the acts ofany Co-
Trustee, nor for the acts or omissions of any agent appointed with due care, nor for any other thing
other than his own- willful default or gross negligence. The Trustees may receive reasonable
compensation for their services.
(c) Any Fiduciary at any time serving under this Will may authorize in writing his
Co-Fiduciary to act alone in exercising any or all ofthe powers and in discharging any or all of the
duties granted or imposed upon the Co-Fiduciaries underfte terms ofthis Will,without liabilityto the
delegating Co-Fiduciary for any action taken during the period the delegating Co-Fiduciary is not
exercising his powers. Said delegated authorityshall continuefor the period specified in said writing^
but may be revoked in writing at any time. No purchaser or other person dealing with any
Co-Fiduciary purporting to act alone under such a delegation need inquire into the propriety ofthe
grant thereofnor as to whether fire same is still in valid effect
(d) If a Trustee shall be appointed who is domiciled in a state other than the State
of Florida,Ifimhergrant unto myTrustee all power,authority and protection granted to trustees under
the laws of the state in which it is domiciled, with reference to the adn^stration of any trust
hereunder. The same shall be cumulative and in addition to the power, authority and protection
contained in the foregoing provisions ofthis instrument. While granting such power, authority and
protection in respect to the administration ofthe trust, nevertheless ifthe validity ofany provision of
this instrument shall be called into question or if this instrument shall require any interpretation, I
direct that all questions as to validity and interpretation shall be govemed by the laws of&e State of
Florida in which I am domiciled.
ARTICLE THIRTEEN
Payment of Estate Taxes and Abatement. I direct that estate and inheritance taxes and other
death duties by whatever name called,including interest and penalties thereon,imposed by the laws
ofany and everyjurisdiction by reason of my death, upon or in relation to all property includable in
my taxable estate for the purpose ofsuch taxes, whether such property under or outside of this Will,
shall be paid out ofthe residuary estate and the same shall be treated as an expense ofadministration,
without apportionment. I realize that having taxes apportioned to myresiduary estate will reduce the
estate tax charitable deduction for my estate, I also realize that generation skipping taxes may have
the effect ofreducing the charitable deduction otherwise available to my estate. Generation skipping
taxes,if any, shall be apportioned and paid in accordance with Sections 2603(a) and 2603(b)ofthe
Intemal Revenue Code of 1986. Hie allocation of my remaining generation sldpping tax exemption
shall be within the sole discretion ofmyExecutorand he shall incurno liability wh^oeveron account
ofhis allocation.It is my hope,but not direction or command,that myExecutor allocate myremaining
generation skipping tax exemption in such as manner as -will preserve, to the greatest extent, the
charitable deduction available to my estate.In the event that abatement results in the elimination of
my residuary estate,I direct that the following order of abatement shall be observed:(1)all pecuniary
devises, devises of General Electric Company stock, devises ofthe stock ofany other company and
30
devises ofdebt obligations,shall first abate equally and ratably; (2)all devises ofreal property shall
next abate, equally and ratably, and (3) all devises of tangible personal property shall last abate,
equally and ratably.
ARTICLE FOURTEEN
h is my intent and purpose that said trusts shall qualify for a charitable deduction, under the
United States income tax and estate tax laws. In the administration and distribution ofmy estate and
the adminishration ofsaid trusts,the fiduciaries may not exercise anydiscretionaiy power in a manner
which would disqualify the trusts for the charitable deduction, and all ofiier provisions ofthis Will
shall be subordinate to this intention on my part To the extent that any provisions ofthis Will or any
Codicil shall conflict with fii^e purposes or with the provisions of this Article, they shall be
inoperable, ofno effect and void.
ARTTCLB FIFTEEN
ARTTCLB SIXTEEN
Coronado Inc. Stock. Should the fiduciaries appointed by tliis Will come into possession of
any stock ofCORONADO INC., of which I am a major stockholder, I state for the guidance of my
fiduciaries that they would be well served bythe employment ofAttorneyROBERT A.KRANTZ,Jr.,
to advise.them with respect to their hol^gs in said corporation. MR KRANTZ has rendered
valuable service to me with respect to said corporation and for which he remains largely unpaid. To
the extent that he remains unpaid at the time of my death,I direct my fiduciaries to look favorably
iqron a claim he might file against my estate for the balance ofhis legal fees.
ARTICLE SEVENTEEN
Miscellaneous. The titles given to the various paragraphs of this Will are inserted for the
purposes ofreference only and are not to be considered as fbrming a part ofthe Will in interpreting,
its provisions. All words used herein in any gender or number shall extend to and include all genders
and numbers when the contextorfacts so require, and anypronoun shall be taken to refer to die person
or persons intended regardless of gender or number. I further intend that the Words "children",
"grandchildren", "issue", "lineal descendants", or words of similar import, shall be construed as
31
referring only to children bom of marriages of the person or persons referred to, and children who,
prior to attaining age eighteen (18), are legally adopted by such persons.I realize that I have made a
large number of devises and certain individual beneficiaries may be difficult to identify or locate or
both. My Executor, at his discretion, may make a reasonable investigation ofand search for such
beneficiaries at reasonable expense. Anyindividual beneficiary my Executor determines he rs unable
to locate or properly identify within six(6)months from the date ofhis appointment shall be deemed
as having predeceased me for all purposes ofthis Will even though such beneficiary may later be
ideiitified and located. My Executor's written determination to this effect shall be binding and
conclusive and my Executor shall incur no liability whatsoever on account thereof. I wish to avoid
the necessity ofdqrositing a devise with the court or having a devise escheat to the State. Many offoe
addresses I have furnished are from years past or hearsay.
I realize that some ofthe beneficiaries I have named may be deceased without notification to me of
their deaths.
IN WITNESS WH^EOF,I have hereunto set my hand and seal to this, my Last Will and
Testament,consisting ofthirty-three(33) typewritten pages,on April 3. ,
2002, at Fort Lauderdale, Florida.
SHERLOCK HCBBS
ofFort Lauderdale,Florida.
32
STATE OF FLORIDA )
§
COUNTY OF BROWAKD )
SHERLOCK HBBS
Witness
Witn^
Notary Public
(Notary Stamp)
. OiiRCWLNCKfAMYSiiAL "
. JQANMMCCHESNEY
NOTARYPUBLICSrArcCF RORIDA
COMMISSION NO.CC854081
. ?iV COMMISSION
■*.. T-l -1 I w III,
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33
FIRST CODICIL TO THE LAST WILL AND TESTAMENT
OF
SHERLOCK HIBBS
FIRST: I amend my said Will, by deleting paragraph (a)of ARTICLE FOUR and
substituting therefor the following, to wit:
Residences.
(a) Apartment No. 803 Leisure Park Condominium and Jerry Brown Farm. I
devise the condominiuin apartment commonly known as Apartment No. 803, Leisure Park
Condominium, a/k/a Victoria Park Condominium,900 Northeast ISth Avenue,Fort Lauderdale,
Florida, and legally described as
together with all furniture and furnishings located therein at the time of my death
In all other respects, I hereby ratify, confirm and republish my Last WiU and Testament
amended as aforesaid.
IN ■WITNESS WHEREOF, I have hereunto set my hand and seal to this, the First Codicil
to my Last Will and Testament, consisting of three (3) typewritten pages, on the S day of
Apr? I 2002, at Fort Lauderdale, Florida.
.(SEAL)
SHERLOCK HIBBS
The foregoing instrument was signed, sealed, declared and published by SHERLOCK
HIBBS, the Testator, as the First Codicil to his Last Will and Testament, in the presence of us, the
undersigned^^^o, at his spe^ instance and request, do attest as witnesses after said Testator had
signed hi§al|me thereto ai^ip^ presence and in the presence of each other.
COMES NOW Petitioners The Curators of the University of Missouri, the Board of
Curators ofthe University ofMissouri and the Members ofthe Board ofCurators ofthe University
as trustee and beneficiary ofvarious testamentary trusts created under the Last Will and Testament
of Sherlock Hibbs, and Hillsdale College,a beneficiary under such trusts, and for their Petition to
Approve Nonjudicial Settlement Agreement and Request for Modification of Trusts, state as
follows:
PARTIES
1. The legal name of the University of Missouri System is "The Curators of the
University of Missouri." R.S. Mo. § 172.020 ("the state university is hereby incorporated and
created as a body politic and shall be known by the name of'The Curators of the University of
Missouri'"). The Board of Curators ofthe University of Missouri governs the University System.
R.S. Mo.§ 172.010("A university is hereby instituted in this state, the government whereof shall
be vested in a board of curators"). The Board consists of individual members appointed by the
Governor, by and with the advice and consent of the Senate, each for a term of six years. The
members ofthe Board of Curators have by unanimous resolution authorized President Mun Choi
to execute this Petition and the non-judicial settlement agreement on behalfoftheir individual and
official capacities and on behalfofthe Board of Curators. The Curators have their principal place
of business in Boone County, Missouri, and serves as a trustee of various testamentary trusts
(hereinafter collectively referred to as "the Trusts") created under the Last Will and Testament of
located in Hillsdale, Michigan and is a nonprofit corporation organized under the laws ofthe State
3. The Settlor of the Trusts is deceased and there are no permissive or qualified
beneficiaries under the Trusts, living or deceased, other than Curators and Hillsdale.
4. Jurisdiction and venue are proper in this Court pursuant to Mo.Rev. Stat. §§ 456.2-
202 and 456.2-204 because the principal place ofadministration ofthe Trusts are in Boone County,
Missouri and the Trusts have been registered in the Circuit Court of Boone, County, Missouri,
5. Curators and Hillsdale are subject to the jurisdiction of this Court in matters
involving the internal affairs ofthe Trusts, including an action to approve a nonjudicial settlement
and his first Codicil to the Will on April 5,2002(collectively referred to as the "Will").
7. Settlor died on July 5, 2002 while domiciled in Broward County, Ft. Lauderdale,
Florida and the Will was admitted to Probate on July 9,2002 in the Probate Division of Broward
8. Pursuant to Article Seven, Section (83) of the Will (hereinafter the "Section 83
Trust Instrument"), a certain sum was to be paid to Curators as trustees in trust to be divided into
six (6) separate and named trust funds for the benefit of and to be used at the University of
Missouri-Columbia College of Business and Public Administration to fund certain Chairs and
Distinguished Professorships.
9. That the stated purpose of the Settlor as stated by Article Seven, Section (83)(b)
was as follows:
The said separate and named trust funds are established for the benefit ofand shall be used
at the UNTVERSITY OF MISSOURI-COLUMBIA COLLEGE OF BUSINESS AND
PUBLIC ADMINISTRATION.
10. Pursuant to the terms of the Section 83 Trust Instrument, if the Chair(s) or
Distinguished Professorship(s) were vacant for a certain period of time, the Curators were to
11. Pursuant to the terms of the Section 83 Trust Instrument, the Curators as Trustee
received the distribution into the Trust and then separated the Trust into Six (6) separate Trusts
and administered the Trusts pursuant to the terms ofthe Section 83 Trust Instrument.
12. The six separate Trusts were registered with this Court as follows:
3
(1) The James Harvey Rogers Chair of Money, Credit and Banking Trust, Case
No. 18BA-PR00419;
No. 18BA-PR00422;
(4) The Emma S. Hibbs Distinguished Professorship (I), Case No. 18BA-
PR00420;
(5) The Emma S. Hibbs Distinguished Professorship (II), Case No. I8BA-
PR00418; and
13. Article Twelve, Section (d) of the Will provides that a trustee of a trust created
under the Will shall have all power,authority and protection granted to the trustees under the laws
ofthe state in which it is domiciled with reference to the administration ofany trust created by the
Will, although the validity and interpretation ofthe trust shall be governed by the laws ofthe State
of Florida.
14. This matter involves the power and authority and protection granted to the trustee
in reference to the administration of the Trusts, rather than the validity and interpretation of the
15. Both Missouri and Florida have adopted the Uniform Trust Code and the applicable
law ofMissouri and Florida are similar and the applicability ofeither state law regarding the Court
approval of a nonjudicial settlement agreement or modification ofthe Section 83 Trust Instrument
does not affect the requests for relief herein. Mo. Rev. Stat. §456.1-101 et. seq.; Fla. Stat. Ann.
THE LAWSUITS
16. Hillsdale first filed a lawsuit against Curators relating to the Trusts in Case No.
17SL-CC03833, of which venue was changed to the Boone County, Missouri Circuit Court,
17. Hillsdale filed a second lawsuit against past and current members ofthe Board of
Curators ofthe University of Missouri and recipients oftrust funds relating to the Trusts in Case
No. 19BA-PR00425.
18. The gravamen ofthe lawsuits is a dispute between Curators and Hillsdale regarding
certain provisions in the Section 83 Trust Instrument regarding the qualifications and experience
ofappointees to the Chairs and Distinguished Professorships.
19. Specifically, the Section 83 Trust Instrument provides that the appointees to the
Chairs and Distinguished Professorship "must be a dedicated and articulate disciple ofthe free and
open market economy (The Ludwig von Mises Austrian School of Economics)"(hereinafter "a
Disciple").
20. Final judicial resolution of the lawsuits would not necessarily result in a final
resolution of the dispute as the applicability of certain terms ofthe Section 83 Trust Instrument,
including the qualifications and experience offuture appointees of the Chairs and Distinguished
Professorships, may continue to be litigated into perpetuity.
APPLICABLE LAW
21. All interested persons may enter into a binding nonjudicial settlement agreement
with respect to matters involving a trust, provided that the matters agreed to do not violate a
material purpose ofthe trust and include terms and conditions that could be properly approved by
a court. Mo. Rev. Stat. § 456.1-111.
22. The term "interested persons" meansthe persons"whose consent would be required
in order to achieve a binding settlement were the settlement to be approved by the court." Mo.
Rev. Stat. § 456.1-111.1.
23. The term "interested persons" includes beneficiaries and any others having a
property right in or claim against a trust estate which may be affected by ajudicial proceeding. It
also includes fiduciaries and other persons representing interested persons. Mo.Rev. Stat. § 456.1-
103(10).
24. Curators and Hillsdale are the only "interested persons" as it relates to the Trusts.
25. Matters that may be resolved by a nonjudicial settlement agreement include, but are
not limited to,"the interpretation or construction ofthe terms ofthe trust"; "direction to a trustee
to re&ain from performing a particular act or the grant to a trustee of any necessary or desirable
power"; and "liability of a trustee for an action relating to the trust." Mo. Rev. Stat. § 456.1-
111.4(1),(3)and (6).
26. Any interested person may request the court to approve a nonjudicial settlement
agreement and to determine whether the agreement contains terms and conditions the court could
anticipated by the settlor, modification will further the purposes of the trust. Mo. Rev. Stat. §
456.4-412.1.
modification will further the purposes ofa trust. Mo.Rev. Stat. § 456.4-412.2.
achieve, or wasteful, the court may apply cy pres to modify or terminate the trust by directing that
the trust property be applied or distributed, in whole or in part, in a manner consistent with the
settlor's charitable purposes. Mo.Rev. Stat. § 456.4-413.1
30. A court may reform the terms ofa trust, even ifunambiguous,to conform the terms
to the settlor's intention if it is proved by clear and convincing evidence that both the settlor's
intent and the terms of the trust were affected by a mistake of fact or law, whether in expression
31. A beneficiary's consent to a trustee's actions and a release of the trustee from
liability are valid unless the consent or release was induced by the trustee's improper conduct or
the beneficiary was unaware ofhis or her legal rights or ofthe material facts relating to the consent
32. Article Eleven, Section(b)ofthe Will authorizes a trustee ofany trust created under
the Will to compromise, settle or adjust any claim or demand by or against any part of any trust
and to agree to any rescission or modification of any contract or agreement in which any trust is
in any way involved, all upon such terms as the trustee shall deem best for the beneficiaries.
COUNT I: APPROVAL OF NONJUDICIAL SETTLEMENT AORF.F.IVIF.NT
33. The parties incoiporate each and every allegation contained in the paragraphs above
settlement terms under which Hillsdale will receive a lump sum payment and will relinquish any
past, current or future claims they may have against any person or entity relating in anyway to the
Trusts and the parties further agree that the terms of the Section 83 Trust Instrument will be
modified, all as set forth in the non-judicial Settlement Agreement, a copy of which is attached
hereto and incorporated by reference as Exhibit 1.
35. Those persons who are the sole distributees ofthe Trusts and thus are the qualified
beneficiaries as the term "Qualified Beneficiaries" is defined by Mo. Rev. Stat. §456.1-103(21)
and Fla. Stat. Ann.736.0103(16)consist of Curators and Hillsdale.
36. The Settlement Agreement does not violate a material purpose ofthe Trusts.
37. The beneficiary's consent and release of the trustee from any liability was not
induced by the trustee's improper conduct and the beneficiary is aware of its legal rights and the
material facts relating to the consent and release.
38. Pursuant to Mo.Rev. Stat. §456.1-111.4 and Fla. Stat. Ann. §736.0111 this matter
may be resolved by a nonjudicial settlement agreement because it involves a matter involving a
trust and does not violate a material purpose ofthe trust; and pursuant to said statutes any interested
person may petition the court to approve a nonjudicial settlement agreement and to determine
whether the representation of all parties was adequate and to determine whether the agreement
contains terms and conditions the court could have properly approved.
8
WHEREFORE,the parties pray for ajudgment finding that all necessary parties have been
named; ajudgment finding that the nonjudicial settlement agreement attached hereto as Exhibit 1
contains terms and conditions the court could have properly approved; a judgment finding the
consents and releases contained in the nonjudicial settlement agreement are binding on the Parties
and their successors in interest; ajudgment approving the nonjudicial settlement agreement; and
such other and further reliefas the Court deemsjust and appropriate under the circumstances.
39. The parties incorporate each and every allegation contained in the paragraphs above
as if more fiilly set forth herein.
40. Sections Mo. Rev. Stat. 456.4-412 and Fla. Stat. Ann. 736.04113 permit the Court
to modify a trust if, because of circumstances not anticipated by the settlor, modification will
further the purposes of the trust, and to the extent practicable, the modification is made in
accordance with the settlor's probable intention.
41. Sections Mo. Rev. Stat. 456.4-412 and Fla. Stat. Ann. 736.04113 also permit the
Court to modify the management or administrative terms ofa trust if modification will further the
purposes ofa trust.
42. Sections Mo. Rev. Stat. 456.4-413 and Fla. Stat. Ann. 736.0413 permit the Court
to apply cy pres to modify the Trust by directing the trust property be applied or distributed, in
whole or in part, in a manner consistent with the settlor's charitable purposes if a particular
charitable purpose becomes unlawful, impractical, impossible to achieve, or wasteful, when there
is not a provision in the trust that would result in distribution ofthe trust property to a noncharitable
beneficiary and when such noncharitable provision takes effect the trust property is to revert to the
9
settlor and the settlor is still living, or fewer than twenty-one years have elapsed since the date of
43. There is no provision in the Section 83 Trust Instrument which would result in
44. A court may also reform the terms of a trust to conform the terms to the settlor's
intention if the settlor's intent and the terms ofthe trust were affected by a mistake offact or law,
whether in expression or inducement. Mo.Rev. Stat. § 456.4-415; Fla. Stat. Ann. 736.0415.
45. The Section 83 Trust Instrument grants the Trustee authority to modify the
administrative terms of the trust instrument as long as such modification does not jeopardize tax
exemptions or vitiate the consecutive five year requirement and "the free and open market
economy qualification" ofthe appointee as further described in the Section 83 Trust Instrument
46. The Settlor did not anticipate that Curators and Hillsdale would be involved in
multiple lawsuits, and possibly be parties to multiple future lawsuits into perpetuity, regarding the
meaning and application ofcertain provisions ofthe Section 83 Trust Instrument.
47. Modification of the management and administrative terms of the Section 83 Trust
Instrument will further the purposes of the Trust to provide funds for the University of Missouri-
Columbia College of Business and Public Administration, as well as Hillsdale, rather than to be
to achieve, the agreement of the parties as to appointment of a Disciple to the Chairs and
10
Distinguished Professorships and such provision results in the wasting of trust assets in multiple,
and most likely endless, litigation regarding whether such a Disciple has been appointed to the
50. Modification ofthe terms of the Section 83 Trust Instrument to provide funds for
Hillsdale to use consistent with its understanding ofthe Settlor's intent, and to retain the remaining
funds in trust with the Curators as Trustee for the benefit ofthe University of Missouri-Columbia
College ofBusiness and Public Administration to fund Chairs and/or Distinguished Professorships
and to recognize certain individuals in such Chairs and/or Distinguished Professorships will further
51. Modification ofthe Section 83 Trust Instrument to provide funds for Hillsdale and
to retain the remaining funds in trust with Curators as Trustee for the benefit ofthe University of
Missouri-Columbia College of Business and Public Administration to fund Chairs and/or
52. The Settlor was mistaken in fact as to the ease and ability ofthe parties to agree as
to who qualifies as a Disciple and he did not intend that the Trusts were to be the subject of
continuous litigation.
53. There are no parties that object to the modification of the Section 83 Trust
II
WHEREFORE,the parties pray for ajudgment finding that all necessary parties have been
named;that all beneficiaries have consented to the modification ofthe Section 83 Trust Instrument
and that the modification is not inconsistent with a material purpose of the Trust; a Judgment
modifying the Section 83 Trust Instrument as provided in the nonjudicial settlement agreement;
and such other and further relief as the Court deemsJust and appropriate under the circumstances.
By: By:
Printed Name Printed Name
By: By:
Printed Name Printed Name
12
STATE OF )
)ss
COUNTY OF )
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal in
the County and State aforesaid,the date and year first above written.
Notary Public
My Commission expires:
13
STATE OF )
)ss
COUNTY OF )
IN TESTIMONY WHEREOF,1 have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the date and year first above written.
Notary Public
My Commission expires;
14
STATE OF )
)ss
COUNTY OF )
IN TESTIMONY WHEREOF,I have hereunto set my h^d and affixed my official sea! in
the County and State aforesaid, the date and year first above written.
Notary Public
My Commission expires;
15
STATE OF )
)ss
COUNTY OF )
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the date and year first above written.
Notary Public
My Commission expires:
16
Respectfully Submitted,
17
Exhibit C
NOW comes before the Court the Joint Petition for Approval of Nonjudicial Settlement
Agreement and Request for Modification ofTrusts("Petition"), which seeks thejudgment ofthis
Court approving the parties' nonjudicial settlement agreement("Settlement Agreement") and the
modification of the Trusts created by the Settlor Sherlock Hibbs ("Settlor") pursuant to Article
Seven, Section (83) of his Last Will and Testament and Codicil (the "Section 83 Trust
Instrument"). Having reviewed the pleadings and taken judicial notice of the file, the Court is
1. The Court hasjurisdiction over this action and the parties thereto;
2. All interested persons and necessary parties have been named and have joined in
the Petition;
3. Virtual representation of the interests of any interested person not a party to the
Petition, if any, is adequate;
4. All interested persons and necessary parties have consented to the approval of
Settlement Agreement and a Judgment modifying the terms ofthe Section 83 Trust Instrument as
Instrument;
6. The Agreement contains terms and conditions the court could have properly
approved pursuant to sections Mo.Rev. Stat. §§456.1-101 to 456.11-1106 or other applicable law;
7. As set forth in the Petition, circumstances not anticipated by the Settlor have
occurred and the proposed modification of the Section 83 Trust Instrument will further the
8. The proposed modification of the Section 83 Trust Instrument will further the
impracticable, impossible to achieve, or wasteful, and the Court should apply cy pres to modify
the Section 83 Trust Instrument as proposed in the Petition and such modification is in a manner
10. It has been clearly and convincingly established that the Settlor's intent and the
terms of the Section 83 Trust Instrument were affected by a mistake of fact or law, whether in
expression or inducement, such that the terms of the Section 83 Trust Instrument should be
11. The beneficiaries' consent to the trustee's action and the release ofthe trustee from
liability was not induced by the trustee's improper conduct and the beneficiaries are aware oftheir
legal rights and the material facts relating to the consent or release in the Settlement Agreement
represents a real, substantial, presently existing dispute as to the specific relief sought in the
1. The Settlement Agreement is hereby approved, and the parties are directed to act
in accordance therewith.
2. For the reasons set forth above and in the Petition,the Section 83 Trust Instrument
is modified as follows
(a) The trustees shall initially divide this devise into six(6)separate amounts, to wit:
One Million One Hundred Thousand ($1,100,000.00) Dollars, One Million One
Hundred Thousand ($1,100,000.00) Dollars, One Million One Hundred Thousand
($1,100,000.00) Dollars, Five Hundred Sixty Seven Thousand ($567,000.00) Dollars,
Five Hundred Sixty Seven Thousand ($567,000.00) Dollars and Five Hundred Sixty
Sbc Thousand ($566,000.00)Dollars. Each said amount shall be held in a separate trust
fund as follows, to be known respectively as,
provided, however,that the trustees may further divide such separate trust fund(s) into
3
additional separate shares or one or more additional separate trust funds to establish
additional Chairs or distinguished professorships if the trustees reasonably deem it
appropriate, and such a division would not substantially impair the interests ofthe then
current appointee(s)(as defined herein) of the existing trust fund(s); and provided,
further, that the trustees may merge one or more of the separate trust funds herein
created into a single trust fund and thereby reduce the number of Chairs or
distinguished professorships supported hereunder if the trustees reasonably deem it
appropriate and such a merger is reasonably necessary to recruit and/or retain one or
more appointees (as defined herein). In the event of a merger of one or more of the
original separate trust funds herein created into a single trust fund, the names of the
original separate trust funds shall be combined and retained.
(b) The said separate and named trust funds are established for the benefit ofand
shall be used at the UNIVERSITY OF MISSOURI-COLUMBIA COLLEGE OF
BUSINESS AND PUBLIC ADMINISTRATION.
(c) Each said separate and named trust fund shall be administered and distributed as
follows:
(i) The principal sum, and any other funds contributed after the
death of Sherlock Hibbs from any source, shall be added to the corpus
provided, however, that a donor may request that a particular gift be
added to the distribution account in order to provide increased stipends.
(v) The length of time the appointee shall occupy his or her
position, and the selection ofthe appointee shall be recommended to the
Provost ofthe UNIVERSITY OF MISSOURI-COLUMBIA by the Dean
of the College of Business and Public Administration. The appointee
shall be designated under the regular procedures applying to the
appointment of a member ofthe university faculty. The appointee shall
become a member of the faculty of the College of Business and Public
Administration, with duties and responsibilities comparable to other
professors of the College of Business and Public Administration. The
appointee's university salary payable from other sources shall be
comparable to salaries paid to other professors ofthe College ofBusiness
and Public Administration.
(vi) The appointee shall have all the rights, privileges and
obligations of a member of the faculty of the UNIVERSITY OF
MISSOURI-COLUMBIA COLLEGE OF BUSINESS AND PUBLIC
ADMINISTRATION. The appointee's qualifications will be considered
in light of his or her experience, achievements and reputation. The
appointee's qualifications must include experience in the study and
advancement ofthe free and open market economy.
(vii) Any amount from the fund credited to the distribution account
in excess ofthe amount expended in any one fiscal year shall be retained
for future use. Periodically, however,the Dean ofthe College ofBusiness
and Public Administration, after consultation with the Provost of the
UNIVERSITY OF MISSOURI-COLUMBIA, may request that specific
unused sums in the distribution account be transferred to, and become a
permanent part ofthe fund.
Dated: ,2019
Judge
Exhibit D
(a) The trustees shall initially divide this devise into six (6) separate
amounts, to wit: One Million One Hundred Thousand ($1,100,000.00)Dollars, One Million One
Hundred Thousand($1,100,000.00)Dollars,One Million One Hundred Thousand($1,100,000.00)
Dollars, Five Hundred Sixty Seven Thousand ($567,000.00) Dollars, Five Hundred Sixty Seven
Thousand ($567,000.00) Dollars and Five Hundred Sixty Six Thousand ($566,000.00) Dollars.
Each said amount shall be held in a separate trust fund as follows, to be known respectively as,
provided, however, that the trustees may further divide such separate trust fund(s) into additional
separate shares or one or more additional separate trust funds to establish additional Chairs or
distinguished professorships if the trustees reasonably deem it appropriate, and such a division
would not substantially impair the interests ofthe then current appointee(s)(as defined herein) of
the existing trust fund(s); and provided, further, that the trustees may merge one or more of the
separate trustfunds herein created into a single trust fund and thereby reduce the number ofChairs
or distinguished professorships supported hereunder ifthe trustees reasonably deem it appropriate
and such a merger is reasonably necessary to recruit and/or retain one or more appointees (as
defined herein). In the event ofa merger ofone or more ofthe original separate trust funds herein
created into a single trust Rind, the names of the original separate trust funds shall be combined
and retained.
(b) The said separate and named trust funds are established for the
benefit of and shall be used at the UNIVERSITY OF MISSOURI-COLUMBIA COLLEGE OF
BUSINESS AND PUBLIC ADMINISTRATION.
(c) Each said separate and named trust fund shall be administered and
distributed as follows:
(vi) The appointee shall have all the rights, privileges and
obligations of a member of the faculty of the UNIVERSITY OF
MISSOURI-COLUMBIA COLLEGE OF BUSINESS AND
PUBLIC ADMINISTRATION. The appointee's qualifications will
be considered in light of his or her experience, achievements and
reputation. The appointee's qualifications must include experience in
the study and advancement ofthe free and open market economy.
(vii) Any amount from the fund credited to the distribution
account in excess ofthe amoimt expended in any one fiscal year shall
be retained for future use. Periodically, however, the Dean of the
College of Business and Public Administration, after consultation
with the Provost of the UNIVERSITY OF MISSOURI-
COLUMBIA, may request that specific unused sums in the
distribution account be transferred to, and become a permanent part
ofthe fund.