which I shall have any power of appointment (hereinafter, and heretofore in Article Second and Third of this Will, referred to as "my residuary estate"), I give, devise and bequeath to my son, James Roosevelt, and my friends, Basil O'Connor, Esq., of 120 Broadway, New York, N. Y., and Henry T. Hackett, Esq., of Poughkeepsie, N.Y., In Trust Nevertheless, to hold, manage, sell, exchange, invest and reinvest the same, and every part thereof, and to collect, recover and receive the rents, issues, profits, interest and income thereof (hereinafter referred to as "income"), and, after deducting the commissions of the Trustees and the proper and necessary expenses in connection with the administration of the trust, to apply the balance of the income and distribute the principal of the trust fund, after deducing the Trustees' commissions thereon, in the amounts and manner hereinafter in this Article Eighth provided. (A) If my said wife shall survive me, the Trustees shall first pay to her one half (1/2) of the net income of the trust fund, in quarterly instalments, and they shall also pay to her annually the balance, if any, of the net income of the trust fund remaining after making the payments provided for in Paragraph (B) of this Article Eighth, for and during the term of her natural life. (B) During the lifetime of my said wife, if she shall survive me, the Trustees shall pay out of the remaining one half (1/2) of the net income of the trust fund to or for the account of my friend, Marguerite A. Le Hand, such sum or sums, at such time or times and in such manner as my Trustees, in their sole discretion, shall deem necessary and reasonable to discharge expenses incurred or which may be incurred by or for the said Marguerite A. Le Hand for medical attention, care and treatment during her lifetime. The Trustees are also authorized, but not directed, to pay out of the said remaining one half (1/2) of the net income of the trust fund to or for the account of the said Marguerite A. Le Hand, during the lifetime of my said wife, such sum or sums not exceeding a total of One Thousand Dollars ($1,000.00) per annum, at such time or times and in such manner as my Trustees, in their sole discretion, shall determine for maintenance and living expenses of the said Marguerite A. Le Hand. If the said Marguerite A. Le Hand shall FDR (MORE) |