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Contract analysis / trustee-succession-certificate.docx
trustee-succession-certificate.docx
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Section 1 — Certification of Successor Trustee Appointment
Medium
⚑ Forum / governing law
Section 1 — Certification of Successor Trustee Appointment 1.1 The undersigned hereby certifies that, as a consequence of the permanent incapacity of Eldon M. Briarwood, as certified by Dr. Annette Volkov, M.D., in the Physician's Certification dated December 3, 2023, Eldon M. Briarwood has ceased serving as individual trustee of the Eldon M. Briarwood Irrevocable Family Trust, effective as of December 3, 2023, in ac
Section 2 — Acceptance of Appointment
Section 2 — Acceptance of Appointment 2.1 Margot S. Briarwood hereby accepts appointment as successor individual trustee of the Eldon M. Briarwood Irrevocable Family Trust, effective as of January 22, 2024. 2.2 By executing this Certificate, Margot S. Briarwood acknowledges her fiduciary duties and obligations under the Trust Agreement and under the laws of the State of New York, including, without limitation, the ap
Section 3 — Powers and Authority of Successor Trustee
Medium
⚑ Forum / governing law
Section 3 — Powers and Authority of Successor Trustee 3.1 As successor individual trustee, Margot S. Briarwood shall have and may exercise all of the powers, rights, duties, and discretions granted to the individual trustee under the Trust Agreement, including, without limitation, the following: (a) The power to manage, invest, and reinvest the Trust corpus, including the power to acquire, hold, sell, exchange, lease
Section 4 — Trust Assets
Medium
⚑ Liability cap to check against exposure
Section 4 — Trust Assets 4.1 As of the date of this Certificate, the Trust corpus includes, but is not limited to, the following asset categories: (a) Marketable Securities. Marketable securities, including equities, fixed-income instruments, and exchange-traded funds, held in custody at Caldwell Fiduciary Services Inc. under Trust Account No. CFT-00298174; (b) Cooperative Apartment — 14 Waverly Place, Unit 4W, New Y
Section 5 — Continuing Co-Trustee
Medium
⚑ Forum / governing law
Section 5 — Continuing Co-Trustee 5.1 Caldwell Fiduciary Services Inc. shall continue to serve as institutional co-trustee of the Trust in accordance with the terms of the Trust Agreement. The appointment of Margot S. Briarwood as successor individual trustee does not alter, modify, or diminish the rights, duties, responsibilities, or authority of Caldwell Fiduciary Services Inc. as institutional co-trustee of the Tr
Section 6 — Notice to Beneficiaries
Medium
⚑ Notice / time limit to track
Section 6 — Notice to Beneficiaries 6.1 In accordance with the Trust Agreement and applicable provisions of New York law, including EPTL § 7-A-2.3, notice of the successor trustee appointment shall be provided to each beneficiary of the Trust. Such notice shall include a copy of this Certificate and such additional supporting documentation as may be required or appropriate under the circumstances. 6.2 This Certificat
Section 7 — Governing Law
Medium
⚑ Forum / governing law
Section 7 — Governing Law 7.1 This Certificate and the appointment of the successor trustee shall be governed by and construed in accordance with the laws of the State of New York, including the New York Estates, Powers and Trusts Law (EPTL), without regard to principles of conflicts of law. The Trust shall continue to have its situs in New York County, New York, and shall be administered in accordance with New York
Section 8 — Reliance
Medium
⚑ Liability cap to check against exposure
Section 8 — Reliance 8.1 This Certificate may be relied upon by any third party dealing with the Trust, including, but not limited to, financial institutions, banks, broker-dealers, real-estate purchasers and transferees, title insurance companies, governmental agencies, recording offices, cooperative corporations, managing agents, and any other person or entity transacting business with the Trust or its trustees. 8.
1. I am the attending physician of Eldon M. Briarwood, age 87, residing at 27 Fenimore Ro
1. I am the attending physician of Eldon M. Briarwood, age 87, residing at 27 Fenimore Road, Larchmont, New York 10538.
2. I have treated and observed Eldon M. Briarwood in my professional capacity over an ext
2. I have treated and observed Eldon M. Briarwood in my professional capacity over an extended period and am familiar with his medical history and current condition.
3. Based upon my professional medical judgment, and after thorough examination and evalua
3. Based upon my professional medical judgment, and after thorough examination and evaluation, I hereby certify that Eldon M. Briarwood is permanently incapacitated and is unable to manage his personal and financial affairs. This determination meets the standard of incapacity set forth in Article VII, Section 7.2 of the Eldon M. Briarwood Irrevocable Family Trust Agreement dated June 12, 1998, which defines permanent
4. It is my professional opinion, rendered in good faith, that Eldon M. Briarwood's incap
4. It is my professional opinion, rendered in good faith, that Eldon M. Briarwood's incapacity is permanent in nature and that there is no reasonable medical expectation of recovery to a level of capacity sufficient to permit him to resume the management of his personal and financial affairs or to serve as trustee of any trust.
5. This certification is issued for the purpose of effecting the succession of the indivi
Medium
⚑ Assignment / subcontracting
5. This certification is issued for the purpose of effecting the succession of the individual trusteeship of the Eldon M. Briarwood Irrevocable Family Trust in accordance with the provisions of the Trust Agreement. ________________________________________ Dr. Annette Volkov, M.D. Attending Physician Private Practice Larchmont, New York Date: December 3, 2023 Note: The original of this certification is on file with Ca