Agreement barring rights in property of other spouse and creating trust for benefit of wife[1]

Agreement barring rights in property of other spouse and creating trust for benefit of wife. [Addressed to prospective wife] In contemplation of our forthcoming marriage to each other and in consideration of your agreements described in this letter, I agree that I will transfer certain securities, totaling approximately $_____ in value, to _________ bank of _________, _________, as trustee, under an Agreement of Trust, substantially in the form attached, which will be executed and take effect within _________ days following our marriage, and I release any rights I would otherwise have, at your death, to claim curtesy, homestead, community estate, as your statutory heir at law or otherwise, and agree not to claim, as your surviving husband, any such rights in your estate and not to waive or contest the allowance of any will of yours. I further disclaim any interest in any property, separate or community, you now have, including any accumulations or increases, and I will execute and deliver to you any and all further instruments necessary or expedient to effectuate the purpose and intent of this agreement in the future. I am doing this pursuant to the plan you and I have previously discussed and agreed to, which is that, in consideration of my release and agreement, you release any rights you would otherwise have, at my death, to claim a widow's allowance, dower, homestead, community estate, as my statutory heir at law or otherwise, and agree not to claim, as my widow, any such rights in my estate and not to waive or contest the allowance of any will of mine; and, in the event of our legal separation or divorce, you release any rights you would otherwise have to claim or receive separate support or alimony, as the case may be. You further disclaim any interest in any property, separate or community, I now have, including any accumulations or increases, and you will execute and deliver to me any and all further instruments necessary or expedient to effectuate the purpose and intent of this agreement in the future. If the above expresses our agreement to your satisfaction, please so indicate by signing in the space provided for your signature at the end of this letter. Sincerely yours, _________ Witness: _________ Agreed accordingly Witness: _________ _________ [Place and date] [Agreement of Trust] _________ of _________, _________, donor, transfers the property listed in the attached schedule A to _________ bank of _________, a national banking institution, trustee, and the trustee agrees to hold such property and all additions to it in trust, as follows: First. This trust is created pursuant to an agreement between the donor and his wife entered into prior to their marriage and shall be known as the _________ trust. Second. (a) During the donor's life, the trustee shall pay to or apply for the benefit of the donor's wife, _________, such amounts of the net income of the trust property as the trustee from time to time, in its discretion, deems advisable for her care, comfort or support and shall add to principal any income not so distributed. (b). After the donor's death, the trustee shall pay the net income of the trust property to _________ or, in the trustee's discretion, apply the same for her benefit in the event of her incapacity, legal or otherwise, at least quarterly, during her life. (c). Upon _________'s death, the trustee shall dispose of both principal and undistributed income of the trust property as then constituted, as follows: (d). If issue of the donor shall then be living, the trustee shall divide trust property into equal shares, one such share for each living child of the donor and one such share for the issue then living of each deceased child of the donor, and shall distribute the same to the trustee of the _________ trusts, under an Agreement of Trust dated _________, 19__, between the donor and _________, of _________, _________, each share to be disposed of as provided in it in respect to the property of the latter trust originally set aside for the benefit of the donor's child or issue of the donor's deceased child to whom such share pertains. If no issue of the donor shall then be living, the trustee shall distribute trust property, free of trust and by right of representation, to the issue then living of the donor's father, _________, late of _________, _________, exclusive, however, of the donor, if he shall then be living. Third. The interests of the beneficiaries shall not be alienable by them or any of them and shall be free from anticipation, assignment, attachment or pledge and free from control by the creditors, husband or wife of any such beneficiary in any proceedings at law or in equity. Fourth. [Administrative provisions]. Fifth. _________ during her lifetime shall have the power to appoint a successor trustee, providing, however, that such successor shall be a bank or trust company located in the United States of America and conducting a fiduciary business. Such successor trustee must have a capital and paid in surplus of at least $_____. Any successor shall have the same powers and duties as though originally named in this instrument. Sixth. A trustee may resign at any time by a signed instrument in writing delivered to the donor or, after his death, to the donor's wife. No trustee shall be liable for the acts or omissions of any other trustee and shall be liable only for its own acts or omissions in bad faith. The trustee shall be entitled to reasonable compensation for its services. Seventh. The provisions of this instrument shall be interpreted in accordance with the laws of the state of _________. In witness, _________ has set his hand and seal, as donor, and _________ bank of _________ has set its hand, as trustee, in token of its acceptance of the trust created, as of _________, 19__. _________ Donor _________ Bank of _________, Trustee By _________, Trust officer