1974-11-12 (2) CITY OF SALEM - ASSESSOR DEPARTMENT
Location U W S , '? Lot No;
/Dated v�Y +/ G 7 Cert. No. Doc. No.
/Recorded Book 6 / 1 / Page f�(S
� off'- �� ��
Ebnsk—=adun
4
Buildings mentioned
Description:
�y Reference to title: JB*
Same Part of Premises, P.
Pl.No. Pl. Cert. No. From
Rec. B. P. To
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BK6I I I PGO45
DEED AND DECLARATION OF TRUST
/and LOIS U. WETMORE, his wife in her own right
.We,FRANK H. WETMORE of Marblehead,Essex County, Massachusetts,
being married, for consideration of love and affection, grant
to JOAN W. HATHAWAY, rear 39 Orne Street, Marblehead, Essex
County, Massachusetts , with QUITCLAIM COVENANTS, the land in
Salem, Essex County, Massachusetts, together with the buildings
thereon, bounded and described as follows :
WESTERLY by Howard Street, about 56 feet 9 inches,-
SOUTHERLY by land now or formerly of Lyon, about
48 feet 5 inches;
EASTERLY by land now or formerly of Kimball and land
now or formerly of Jenkins et ali, about
56 feet 9 inches; and
NORTHERLY by land now or formerly of Walton, 48 feet
7 inches. '
Said premises are numbered 14 Howard Street, Salem,
Massachusetts.
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For my title see deed recorded with Essex South District
Registry of Deeds, Book 3137, Page 80. sE
TO HAVE AND TO HOLD unto the said Joan W. Hathaway, her
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successors and assigns, in trust nevertheless, for the following
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Muses and purposes: -
FIRST To hold and manage the said property and other property
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i'hereafter acquired under the operation of this trust, or other
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investments made with the proceeds of the same, for the
(purpose of realizing the greatest net income therefrom consistent i t'
with prudent investment, for the benefit of herself, the said ,
(Joan W. Hathaway and her two children, Alden W. Hathaway born Y
May 19, 1962 and Frank PrentisSFiathaway born July 13, 1966.
SECOND To pay over to or for the benefit of the said
beneficiaries the net income of this trust (except as herein-
after provided) said payments to be made at such times and in such
manners as the trustee in her sole discretion shall deem
advisable. The trustee is to have the right, however, in her
discretion, to retain the whole or any portion of the net income
BK61I1 PG046
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and to add the same to the principal of this trust, instead of
paying it over or applying it as aforesaid. The interest of
�I the teneficiaries of this trust either as to +�principal or as to
income, shall not be subject to attachment, execution process
or other legal process or to bankruptcy proceedings, or to the
control of creditors or others . '=
�I THIRD If any of the beneficiaries should die during the
{I lifetime of this trust, leaving issue, the interest of the said ;y
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beneficiaries, whether in the income or in the principal, shall ;
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I descent to the said issue by right of representation, subject,
however, t-o the same conditions and limitations applicable to
the present beneficiaries and mentioned in clause two of this
instrument . F
IIF !!T_ This trust Slicll teriii.'i .;tee vi; Uuly 13 , 1966, and on � ik
that date the Trust�{ property shall go to the beneficiaries as
tenants in common free and discharged of all trusts. {
FIFTH The trustee shall have the right and the discretion
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to make payments from the principal of the trust to or for the
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benefit of the cestuis of this trust, at any time.
SIXTH The trustee, in addition to and not in limitation of any '►
common law and statutory authority, shall have power with
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regard to both real and personal property, if any, in the trust
fund and any part thereof, to execute and deliver deeds and
any required instruments , to mortgage, to lease with or without F't
II option to purchase, to sell in whole or in part, at a public
{ or private sale, without approval of any Court and without
liability on any person dealing with the trustee to see to the
application of any money or other property delivered to her; to
exchange property for other property; to invest and reinvest in
securities or properties although of a kind or in an amount
which ordinarily would not be considered suitable for a trust
sK61I1 PG047
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investment; to determine what shall be charged or credited to
income and what to principal notwithstanding any determination
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by the Courts to the contrary, and specifically but without j
limitation, to make determination in regard to stock and cash
dividends, rights and all other receipts in respect of the
ownership of stock and purchase or retain stocks which pay
dividends in whole or in part otherwise than in cash; and in f
her discretion to treat such dividends in whole or in part as
income; to make payments of principal or income direct to or
otherwise to deal with the beneficiaries, even if a minor, as l
though he were of full age; to pay, compromise or contest any
claim or other matter directly or indirectly affecting this
trust estate; to employ counsel for any of the above or other
matters or purposes and to determine whether or not to act upon i
his advice, and generally to do all things in relation to the
trust property of the td,•^'te�: Any and all decisions made by j
the trustee in good faith shall be conclusive of all parties in
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interest.
i SEVENTH The trust herein created may be revoked .in whole or in
part by the trustee at any time by an instrument in writing
duly recorded in the Essex South District Registry of Deeds .
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EIGHTH In the event the trustee dies or becomes incapacitated i
or is unable to serve as trustee, the grantor nominates, I
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constitutes and appoints Alden P. Hathaway of Marblehead, Essex
County, Massachusetts, as successor trustee to serve without ! i
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;C bond or sureties and all terms of the before mentioned trust
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i�.. '. shall apply to said successor trustee.
IN WITNESS WHEREOF, we have hereunto setourhandsand seals
this first day of November 1974.
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BKGlll PG048
COMMONWEALTH OF MASSACHUSETTS
Essex, as November 1, 1974
Then personally appeared the above named Frank H. Wetmore,,,—,,
and acknowledged the foregoing instrument to be his free'
and deed, before me. •� .t
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JAMES W.SANTRY, JR., Notary Pub5c
Commmweellh of Massechusells
My Commission Expires June 2,,, L,79 '0try Public
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COMMONWEALTH OF MASSACHUSETTS �.
Essex as November 1, 1974
I , Joan W. Hathaway hereby assent to and accept the trust
named in the foregoing instrument.
IN WITNESS WHEREOF, I hereto set my hand and seal this
COMMONWEALTH OF MASSACHUSETTS
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Essex ss November 1, 1974 F
I. Alden P . Hathaway, nominated as successor trustee,
hereby assent to and accept the trust named in the foregoing
instrument.
IN WITNESS WHEREOF, I hereto set my hand and seal this
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ESSEX SS. RECORDED 197 f` . PA5T—A- -,LM• INST. #.I
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ASSESSOR =
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