Preview
FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023
EXHIBIT A
FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023
WILLIAM H. VAN ZWIENEN REVOCABLE TRUST
THIS TRUST AGREEMENT is made this day of July, 2008, by
and between WILLIAM H. VAN ZWIENEN, residing at 12 Mallar Avenue,
Bay Shore, New York, hereinafter called the Settlor, and WILLIAM H.
VAN ZWIENEN, residing at 12 Mallar Avenue, Bay Shore, New York,
hereinafter called the Trustee.
The Settlor desires, by this agreement, to establish a living
revocable trust for the purpose of managing Settlor's assets during
Settlor's lifetime and distributing those assets after Settlor's
death to the beneficiaries set forth herein. Consequently, the
Settler has this day delivered to the Trustee the assets described
in Schedule A attached hereto, and the Trustee agrees to hold,
administer and distribute all of those assets (including the
proceeds thereof and income therefrom), together with all additions
thereto. and all reinvestments thereof, for the benefit of the
Settlor, in accordance with the terms and provisions hereinafter
set out. All provisions of this trust shall apply to any further
trust or trusts created hereunder unless otherwise indicated.
ARTICLE I
NAME OF TRUST
This Trust shall be known as the WILLIAM H. VAN ZWIENEN
FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022
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REVOCABLE TRUST.
ARTICLE II
DISTRIBUTION OF INCOME AND PRINCIPAL
(A) Duripq the. Life of the Settlor.
(1) Income. During the life of the Settlor, the Trustee
shall hold, manage, control, invest and reinvest the assets of this
trust and shall collect the income from those assets. The Trustee
shall, in the Trustee's discretion, convey and pay over to or for
the benefit of the Settlor, as much of the net income as needed to
provide for the Settlor's support, maintenance, health and
happiness. Such income shall be paid in monthly or other
convenient installments, but not less than quarter-annually, and
not less frequently than the Settlor shall otherwise direct. The
Trustee shall also convey and pay over the net income to such
person or persons and in such proportions as the Settler (or anyone
holding a valid durable power of attorney on behalf of the Settlor)
may, from time to time, direct. The Trustee shall accumulate and
then add to principal any income not disbursed by the end of the
calendar year.
(2) Principal. During the life of the Settlor, the
Trus tee shall, in the Trustee's discretion, convey and pay over to
or for the benefit of the Settlor , as much of the principal
ven-u.w, 2
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(including all of the principal) as needed to provide for the
Settlor's support, maintenance, health and happiness. The Trustee
shall also convey and pay over trust principal to such person or
persone and in such proportions as the Settler (or anyone holding
a valid durable power of attorney on behalf of the Settlor) may,
from time to time, direct.
The Trustee shall liberally exercise this power to provide
principal to or for the benefit of the settler and shall consider
the rights of the remaindermen in the trust as of secondary
importance.
(3) Ingapac;ity. In the event that the Settlor should
become incapacitated and not be able to direct the Trustee as to
the Settlor's needs and wants, then the Trustee shall convey and
pay over for the benefit of the Settlor, such amounts of the net
income and principal as is necessary, in the Trustee's discretion,
for the Settlor's proper health, support, maintenance, comfort,
welfare and happiness, in accordance with the Settlor's accustomed
manner of living during the Settlor's lifetime. In making
distributions of principal, the Trustee shall take into
consideration, to the extent the Trustee deems advisable, any
income ul other resource of other sources of supporL of the SeLLlot
outside this trust known to the Trustee. In making distributions,
the Trustee shall also consider taking all prudent and lawful steps
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NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023
to ensure the earliest possible eligibility of the Settlor for
health and income public benefits for which the Settler may qualify
because of age or disability.
The words "incapacity" or "incapacitated" shall include any
condition that renders the Settlor unable to conduct the Settlor's
regular affairs and that is likely to extend for a period of longer
than ninety (90) days. The certification of incapacity shall be
filed with and accepted by the Trustee or the successor Trustee.
The certification of incapacity shall be a written statement signed
by the Settlor's attending physician or, if none, by two licensed
physicians, not related by blood or marriage to the Settlor or any
beneficiary of this trust. Such certification may be made whether
or not a court of competent jurisdiction has declared the Settlor
incompetent or mentally ill or has appointed a guardian (over the
person or property).
(B) Upon the death of the Settlor. Upon the death of the
Settlor, the Trustee shall convey and pay over the principal of
this Trust, together with any accumulated income, ("Residuary") as
follows:
(1) All to Settlor's wife, YAN PING XU; or
(2) In the event Settlor's wife, YAN PING XU, has
predeceased him, then as follows:
(a) Fifty (50%) percent to Settlor's issue, per
Van·G .WPD
FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022
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stirpes; and
(b) Fifty (50%) percent as follows:
(i) One-half (1/2) to Settlor's sister-in-law,
YAN NING XU, if living, and if not, to Settlor's brothers-in-law,
YAN SHEN HSU and YAN JING XU, p_er capita; and
(ii) One-half (1/2) to Settlor's stepdaughter,
YUE XU, if living, and if not, in accordance with the provisions of
subparagraph (i) hereinabove.
ARTICLE III
RIGHT TO ADD TO CORPUS
Either the Settlor or any other person may, at any time and
from time to time, add property acceptable to the Trustee to this
trust, including but not limited to the proceeds of life insurance
made payable to the Trustee.
ARTICLE IV
REVOCATION AND AMENDMENT
The Settler reserves the right during Settlor's lifetime, at
any time and from time to time, by an instrument in writing, signed
and acknowledged by (i) the Settler or (ii) by anyone holding a
valid durable power of attorney of the Settler or (iii) absent such
durable power of attorney by a court appointed guardian, and
delivered to the Trustee, to do any of the following:
vamam 5
FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022
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(A) To revoke this trust and receive from the Trustee all
trust property remaining after making payment or providing for
payment of all expenses connected with the administration of this
trust.
(B) To alter or amend this instrument in any and every
particular.
(C) To change the identity or number, or both, of the
Trustees.
(D) To withdraw from the operation of this Trust any or all
of the assets of the trust.
ARTICLE V
DEBTS, COSTS, DEATH TAXES AND OTHER DISTRIBUTIONS
Upon the death of the Settlor, prior to the distribution of
property under Article II (B) of this Trust, the Trustee shall make
the distributions set forth in this Article.
The Trustee shall follow any express (not by operation of law)
directions of the personal representative of the Settlor's
domiciliary probate estate, if any, regarding payment of any
estate, inheritance, transfer, succession or other death taxes,
debts, and other valid claims and expenses which are enforceable
against the Settler's estate.
1f there are no such express directions from a personal
representative, the Trustee shall pay from the trust residuary
Vinet-tlWPD
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.
(without apportionment or right of reimbursement from any
beneficiary or recipient either under this Trust, under Settlor's
Will or otherwise), the Settlor·'s debts outstanding at the time of
the Settlor's death and not barred by the Statute of Limitations,
Statute of Frauds, or any other provision of law. Such debts may
include valid estate, inheritance, transfer, succession or other
death taxes and other governmental charges imposed under the laws
of the United States or of any state or country by reason of such
death, including interest and penalties attributable thereto,
arising because of the Settlor's death (whether or not such
property passes hereunder, under the Settlor's Will or otherwise),
the last illness and funeral expenses of the Settlor, attorney's
fees, and other costs incurred in administering the deceased
Settlor's estate.
The Trustee is authorized to accomplish the foregoing in the
exercise of its discretion by direct payment, loans to the executor
of the Settlor's estate, purchase of assets from the Settlor's
estate or any other reasonable method. Any long term debt shall
ordinarily be paid in accordance with its terms unless the Trustee
determines otherwise.
ARTICLE VI
THE TRUSTEE
(A) Initial Trustee. The initial Trustee of this Trust
vmowo 7
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Agreement shall be WILLIAM H. VAN ZWIENEN, residing at 12 Mallar
Avenue, Bay Shore, New York.
(B) Reserved Rights of Settlor. The Settler reserves the
right, during Settlor's lifetime, with or without cause, by an
instrument signed, dated and delivered to the Trustee, to do any of
the following:
1. To remove any Trustee and replace him or her with one
or more new Trustees;
2, To appoint an additional Trustee or Trustees to act
as Co-Trustee(s);
3. To appoint and/or change the successor Trustee(s).
(C) Identity of Successor Trustee(s). If the Settlor does not
exercise Settlor's power to select other successor Trustees during
Settlor's lifetime, the following shall serve as successor
Trustee(s) in the following order of preference upon the
incapacity, removal, resicrnation or death of a Trustee:
1. The successor to WILLIAM H. VAN ZWIENEN shall be the
5ettlor's wife, YAN PING XU, residing at 12 Mallar Avenue, Bay
Shore, New York.
2. The successor to YAN PING XU shall be the Settlor's
son, RAYMOND B. VAN ZWIENEN.
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3. In the event that no Trustee or successor Trustee
exists to administer the trust estate, and in the further event
that the Settlor is unable to appoint a successor Trustee, then a
successor Trustee shall be appointed by:
(a) Anyone holding a valid durable power of attorney
on behalf of the settlor; and if no such person exists, then by
(b) the last surviving Trustee to serve; and in
default of such appointment by the last surviving Trustee, then by
(c) a majority of the then income beneficiaries of
this trust, other than the Settlor; and if there are no other
income beneficiaries other than Settlor, then by
(d) the residuary beneficiaries, who may petition
the court having jurisdiction over this trust to appoint a
successor Trustee.
(D) Ingppacity of a Trustee. If any Trustee cannot administer
the trust because of incapacity, then during any such period of
incapacity the successor Trustee named herein shall act as Trustee,
having all rights and powers granted to the Trustee by this
instrument.
Incapacity shall mean any physical or mental condition of the
Trustee, whether arising from accident, illness or other cause,
which renders the Trustee unable to conduct the regular affairs of
the trust, including but not limited to the endorsement for receipt
Van-l1.WPD
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of funds and writing of checks for disbursement of funds from the
trust, which condition of is probable to extend for a
incapacity
period greater than oinety (90) days.
Incapacity shall be established if a written
conclusively
certification to that effect is signed by either the Trustee's
regularly attending physician or two doctors, authoriz,ed to
practice medicine in the state in which the Trustee is then
residing or if not residing in the United States, then in the
Country in which the Trustee is then residing.
Notwithstanding the above, in the absence of such
certification, a Co-Trustee or successor Trustee or
beneficiary(ies) hereunder may petition the court having
jurisdiction over this trust to remove a Trustee, for any of the
following reasons:
1. Onavailability;
2. Refusal to act;
3. Breach of fiduciary responsibilities;
4. Whereabouts unknown for more than six (6) months.
Anyone who so petitions the court shall not incur liability to
any beneficiary of the trust or to the successor Trustee(s) as a
result of this petition, provided the petition is filed in good
faith and in the reaconable belief that the such Tructee is
incapacitated or otherwise cannot act.
v.en.=o 10
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(E) Resignation of a Trustee. Any Trustee may resign at any
time by giving written notice of such resignation to the Settler or
Co-Trustee then acting, if any, and if no Co-Trustee is then
acting, then to all the then current income beneficiaries who are
then over the age of eighteen (18) years. Any such resignation
shall become effective immediately upon such notice or at such date
as the Trustee and the Settlor, or the said Co-Trustee or
beneficiaries
Preview
FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 EXHIBIT A FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 WILLIAM H. VAN ZWIENEN REVOCABLE TRUST THIS TRUST AGREEMENT is made this day of July, 2008, by and between WILLIAM H. VAN ZWIENEN, residing at 12 Mallar Avenue, Bay Shore, New York, hereinafter called the Settlor, and WILLIAM H. VAN ZWIENEN, residing at 12 Mallar Avenue, Bay Shore, New York, hereinafter called the Trustee. The Settlor desires, by this agreement, to establish a living revocable trust for the purpose of managing Settlor's assets during Settlor's lifetime and distributing those assets after Settlor's death to the beneficiaries set forth herein. Consequently, the Settler has this day delivered to the Trustee the assets described in Schedule A attached hereto, and the Trustee agrees to hold, administer and distribute all of those assets (including the proceeds thereof and income therefrom), together with all additions thereto. and all reinvestments thereof, for the benefit of the Settlor, in accordance with the terms and provisions hereinafter set out. All provisions of this trust shall apply to any further trust or trusts created hereunder unless otherwise indicated. ARTICLE I NAME OF TRUST This Trust shall be known as the WILLIAM H. VAN ZWIENEN FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 REVOCABLE TRUST. ARTICLE II DISTRIBUTION OF INCOME AND PRINCIPAL (A) Duripq the. Life of the Settlor. (1) Income. During the life of the Settlor, the Trustee shall hold, manage, control, invest and reinvest the assets of this trust and shall collect the income from those assets. The Trustee shall, in the Trustee's discretion, convey and pay over to or for the benefit of the Settlor, as much of the net income as needed to provide for the Settlor's support, maintenance, health and happiness. Such income shall be paid in monthly or other convenient installments, but not less than quarter-annually, and not less frequently than the Settlor shall otherwise direct. The Trustee shall also convey and pay over the net income to such person or persons and in such proportions as the Settler (or anyone holding a valid durable power of attorney on behalf of the Settlor) may, from time to time, direct. The Trustee shall accumulate and then add to principal any income not disbursed by the end of the calendar year. (2) Principal. During the life of the Settlor, the Trus tee shall, in the Trustee's discretion, convey and pay over to or for the benefit of the Settlor , as much of the principal ven-u.w, 2 FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 (including all of the principal) as needed to provide for the Settlor's support, maintenance, health and happiness. The Trustee shall also convey and pay over trust principal to such person or persone and in such proportions as the Settler (or anyone holding a valid durable power of attorney on behalf of the Settlor) may, from time to time, direct. The Trustee shall liberally exercise this power to provide principal to or for the benefit of the settler and shall consider the rights of the remaindermen in the trust as of secondary importance. (3) Ingapac;ity. In the event that the Settlor should become incapacitated and not be able to direct the Trustee as to the Settlor's needs and wants, then the Trustee shall convey and pay over for the benefit of the Settlor, such amounts of the net income and principal as is necessary, in the Trustee's discretion, for the Settlor's proper health, support, maintenance, comfort, welfare and happiness, in accordance with the Settlor's accustomed manner of living during the Settlor's lifetime. In making distributions of principal, the Trustee shall take into consideration, to the extent the Trustee deems advisable, any income ul other resource of other sources of supporL of the SeLLlot outside this trust known to the Trustee. In making distributions, the Trustee shall also consider taking all prudent and lawful steps Var1-A1 W FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 to ensure the earliest possible eligibility of the Settlor for health and income public benefits for which the Settler may qualify because of age or disability. The words "incapacity" or "incapacitated" shall include any condition that renders the Settlor unable to conduct the Settlor's regular affairs and that is likely to extend for a period of longer than ninety (90) days. The certification of incapacity shall be filed with and accepted by the Trustee or the successor Trustee. The certification of incapacity shall be a written statement signed by the Settlor's attending physician or, if none, by two licensed physicians, not related by blood or marriage to the Settlor or any beneficiary of this trust. Such certification may be made whether or not a court of competent jurisdiction has declared the Settlor incompetent or mentally ill or has appointed a guardian (over the person or property). (B) Upon the death of the Settlor. Upon the death of the Settlor, the Trustee shall convey and pay over the principal of this Trust, together with any accumulated income, ("Residuary") as follows: (1) All to Settlor's wife, YAN PING XU; or (2) In the event Settlor's wife, YAN PING XU, has predeceased him, then as follows: (a) Fifty (50%) percent to Settlor's issue, per Van·G .WPD FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 stirpes; and (b) Fifty (50%) percent as follows: (i) One-half (1/2) to Settlor's sister-in-law, YAN NING XU, if living, and if not, to Settlor's brothers-in-law, YAN SHEN HSU and YAN JING XU, p_er capita; and (ii) One-half (1/2) to Settlor's stepdaughter, YUE XU, if living, and if not, in accordance with the provisions of subparagraph (i) hereinabove. ARTICLE III RIGHT TO ADD TO CORPUS Either the Settlor or any other person may, at any time and from time to time, add property acceptable to the Trustee to this trust, including but not limited to the proceeds of life insurance made payable to the Trustee. ARTICLE IV REVOCATION AND AMENDMENT The Settler reserves the right during Settlor's lifetime, at any time and from time to time, by an instrument in writing, signed and acknowledged by (i) the Settler or (ii) by anyone holding a valid durable power of attorney of the Settler or (iii) absent such durable power of attorney by a court appointed guardian, and delivered to the Trustee, to do any of the following: vamam 5 FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 (A) To revoke this trust and receive from the Trustee all trust property remaining after making payment or providing for payment of all expenses connected with the administration of this trust. (B) To alter or amend this instrument in any and every particular. (C) To change the identity or number, or both, of the Trustees. (D) To withdraw from the operation of this Trust any or all of the assets of the trust. ARTICLE V DEBTS, COSTS, DEATH TAXES AND OTHER DISTRIBUTIONS Upon the death of the Settlor, prior to the distribution of property under Article II (B) of this Trust, the Trustee shall make the distributions set forth in this Article. The Trustee shall follow any express (not by operation of law) directions of the personal representative of the Settlor's domiciliary probate estate, if any, regarding payment of any estate, inheritance, transfer, succession or other death taxes, debts, and other valid claims and expenses which are enforceable against the Settler's estate. 1f there are no such express directions from a personal representative, the Trustee shall pay from the trust residuary Vinet-tlWPD FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 . (without apportionment or right of reimbursement from any beneficiary or recipient either under this Trust, under Settlor's Will or otherwise), the Settlor·'s debts outstanding at the time of the Settlor's death and not barred by the Statute of Limitations, Statute of Frauds, or any other provision of law. Such debts may include valid estate, inheritance, transfer, succession or other death taxes and other governmental charges imposed under the laws of the United States or of any state or country by reason of such death, including interest and penalties attributable thereto, arising because of the Settlor's death (whether or not such property passes hereunder, under the Settlor's Will or otherwise), the last illness and funeral expenses of the Settlor, attorney's fees, and other costs incurred in administering the deceased Settlor's estate. The Trustee is authorized to accomplish the foregoing in the exercise of its discretion by direct payment, loans to the executor of the Settlor's estate, purchase of assets from the Settlor's estate or any other reasonable method. Any long term debt shall ordinarily be paid in accordance with its terms unless the Trustee determines otherwise. ARTICLE VI THE TRUSTEE (A) Initial Trustee. The initial Trustee of this Trust vmowo 7 FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 Agreement shall be WILLIAM H. VAN ZWIENEN, residing at 12 Mallar Avenue, Bay Shore, New York. (B) Reserved Rights of Settlor. The Settler reserves the right, during Settlor's lifetime, with or without cause, by an instrument signed, dated and delivered to the Trustee, to do any of the following: 1. To remove any Trustee and replace him or her with one or more new Trustees; 2, To appoint an additional Trustee or Trustees to act as Co-Trustee(s); 3. To appoint and/or change the successor Trustee(s). (C) Identity of Successor Trustee(s). If the Settlor does not exercise Settlor's power to select other successor Trustees during Settlor's lifetime, the following shall serve as successor Trustee(s) in the following order of preference upon the incapacity, removal, resicrnation or death of a Trustee: 1. The successor to WILLIAM H. VAN ZWIENEN shall be the 5ettlor's wife, YAN PING XU, residing at 12 Mallar Avenue, Bay Shore, New York. 2. The successor to YAN PING XU shall be the Settlor's son, RAYMOND B. VAN ZWIENEN. Van-ti .WPD FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 3. In the event that no Trustee or successor Trustee exists to administer the trust estate, and in the further event that the Settlor is unable to appoint a successor Trustee, then a successor Trustee shall be appointed by: (a) Anyone holding a valid durable power of attorney on behalf of the settlor; and if no such person exists, then by (b) the last surviving Trustee to serve; and in default of such appointment by the last surviving Trustee, then by (c) a majority of the then income beneficiaries of this trust, other than the Settlor; and if there are no other income beneficiaries other than Settlor, then by (d) the residuary beneficiaries, who may petition the court having jurisdiction over this trust to appoint a successor Trustee. (D) Ingppacity of a Trustee. If any Trustee cannot administer the trust because of incapacity, then during any such period of incapacity the successor Trustee named herein shall act as Trustee, having all rights and powers granted to the Trustee by this instrument. Incapacity shall mean any physical or mental condition of the Trustee, whether arising from accident, illness or other cause, which renders the Trustee unable to conduct the regular affairs of the trust, including but not limited to the endorsement for receipt Van-l1.WPD FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 of funds and writing of checks for disbursement of funds from the trust, which condition of is probable to extend for a incapacity period greater than oinety (90) days. Incapacity shall be established if a written conclusively certification to that effect is signed by either the Trustee's regularly attending physician or two doctors, authoriz,ed to practice medicine in the state in which the Trustee is then residing or if not residing in the United States, then in the Country in which the Trustee is then residing. Notwithstanding the above, in the absence of such certification, a Co-Trustee or successor Trustee or beneficiary(ies) hereunder may petition the court having jurisdiction over this trust to remove a Trustee, for any of the following reasons: 1. Onavailability; 2. Refusal to act; 3. Breach of fiduciary responsibilities; 4. Whereabouts unknown for more than six (6) months. Anyone who so petitions the court shall not incur liability to any beneficiary of the trust or to the successor Trustee(s) as a result of this petition, provided the petition is filed in good faith and in the reaconable belief that the such Tructee is incapacitated or otherwise cannot act. v.en.=o 10 FILED: SUFFOLK COUNTY CLERK 04/03/2023 11:01 AM INDEX NO. 206004/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 04/03/2023 (E) Resignation of a Trustee. Any Trustee may resign at any time by giving written notice of such resignation to the Settler or Co-Trustee then acting, if any, and if no Co-Trustee is then acting, then to all the then current income beneficiaries who are then over the age of eighteen (18) years. Any such resignation shall become effective immediately upon such notice or at such date as the Trustee and the Settlor, or the said Co-Trustee or beneficiaries