Trust Agreement 27 December 1973

THIS AGREEMENT made the

of December, 1973 day or

by and between WEBSTER COON, of the Town of Milan, Dutchess County

New York, ALFRED COON, of Poughquag, New York ESTHER C. RIDER, of the Town of Milan,. Dutchess County, New York, -■ ...

and MARY L. PLACE, of Poughquag, New York,

Parties of the First Part,

and

THE FIRST NATIONAL BANK OF RED HOOK, 2 8 W. Market Street, Red Hook

New York,

Party of the Second Part,

and ROCK CITY MEMORIAL LUTHERAN CEMETERY ASSOCIATION, of the Town of

Milan, Dutchess County, New York,

Party of the Third Part.WHEREAS, Burton Coon, by agreement dated April 13, 1929, established a trust fund in the amount of FIVE HUNDRED ($.500.-00)

DOLLARS, with' the "party b'f 'the second 'part as Trustee for the purpose of using the income from said fund for the maintenance

and upkeep of a certain cemetery or burying ground known as the

Shookville Cemetery in the Town of Milan, Dutchess County, New York in which said cemetery the ancestors of said Burton Coon and of the parties of the first part are interred; and WHEREAS, the aforesaid trust agreement provided that the

annual income be paid to said Burton Coon

so long as he may be

able to Personally take care of said cemetery" and after his death I

to Webster Coon, one of the parties of the first part herein who Q,

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ereupon take care of said cemetery; and WHERe^s.

-said-Burton Coon died intestate in 1942 leaving

as his OnlY heirs at law and distributees, his widow, Emma Coon, Gi.ehnsby, Butts 8t Walsh •

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and his children, the four parties of the first part herein; and

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Pereas, the aforesaid Emma Coon died intestate Feb.14,195), leaving as her sole distributees the four parties of the first par-: herein; and

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other WHEREAS, Webster Coon and the/parties of the first Part herein desire to make permanent arrangements for the care and

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maintenance of the aforesaid Shookville Cemetery after the death

of said Webster Coon and of the other parties of the first part anc said Webster Coon having made such arrangements with the party of ■

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the third part herein and having under the terms of his Will made

provision for the party of the third part to undertake the maintenance and upkeep of said cemetery; and WHEREAS, all Of the parties hereto desire to terminate the

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aforesaid trust established April 13, 1929 and to substitute therefor the permanent arrangements made with the party of the third part for the care, maintenance and preservation of said

Shookville Cemetery; NOW, THEREFORE, it is mutually agreed as follows:

1)

The parties of the first part expressly

acknowledge the receipt of all income from the party of the second

part due under ?th^'teiins W^the a

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trust agreement of April

13, 1929 which income has been paid to Burton Coon, during his life­ time and subsequently to Webster Coon, one of the parties of the

first part, 2)

The parties of the first part and the party

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of the second part expressly agree that said trust established

April 13, 1929 be and the same hereby is terminated upon this date and the party of the second part is directed to deliver and pay ove r FIVE HUNDRED TWENTYthe corpus of said trust, namely, the sum of/KXWExHKNaREEKx^:&5:fi:&x&a:) THREE and 14/100 ($523.14) DOLLARS BSEKAHS/to the party of the third part, 3) The party of the third part accepts said FIVE HUNDRED TWENTY THREE and 14/100 ($523.14) DOLLARS sum of/EXVExHHNasE2x^g§QQxQQ^.xg@£^AEfi to be used by it for the

maintenance and upkeep of the aforesaid Shookville Cemetery or 'hnsev Butts & Walsh n'HSrtT. * rovxmuoii at i_a«

burying ground and if necessary, at any time in the future, to

pay for re-Setting or re-lettering monuments, installing new stoned

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or markers or for any other purpose necessary to keep the

cemetery grounds in good condition and also to pay for the cost of re-interring any of the remains now in said cemetery in

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another location,

if the same becomes necessary, the income only

This sum is given in

to be used for the aforesaid purposes.

memory of the parents of the'parties of the first Part, Burton Coon and Emma Coon, and shall be added to the bequest to be received by the party of the third part under the Will of said

Webster Coon. )4)

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The parties of the first part do hereby

release and discharge the party of the second part, its successors

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and assigns, from any and all claims and demands whatsoever in any way arising under the terms of the aforesaid agreement dated

April 13, .1929 and do agree to indemnify and hold harmless said party of the second part from any and all claims and demands I

arising thereunder or ‘therefrom.

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IN WITNESS WHEREOF the parties have hereunto placed their hands and seals the day and year first above written.

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Webster Coon

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Alfred Coon

-v, C i A icVv Esther C. Rider

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I Mary l/. Place

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TONAL BANK OF RED HOOK

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Lljiyd W.

x-r—_________ Hapeman,President

ROCK CITY MEMORIAL LUTHERAN CEMETERY ASSOCIATION

By:

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TE^OFNEW YORK

) ) ss. : DUTCHESS ) COUNTY OF p <7 day of December, 1973, before me< the On this subscriber, personally appeared WEBSTER COOK, to me Personally

to me to be the same person deScribed

known, and known

foregoing instrument, and he duly acknowledged

who executed the to me that he

executed the same.

,

Notary

STATE OF

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COUNTY OF

\ day of December, 1973, before me, the

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On this

subscriber, personally appeared ALFRED COON, to me personally

known, and known to me to be the same person described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same.

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Notary Pub STATE OF NEW YORK I

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COUNTY OF DUTCHESS )

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On this

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day of December, 1973, before me, the

subscriber, personally appeared ESTHER C. RIDER, to me personally

known, and known to- me to beethe same person described in,- and

who executed the foregoing instrument, and she duly acknowledged

to me that she executed the same.

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Notary Ptiblic^ STATE OF NEW YORK

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) ) ss. : COUNTY OF DUTCHESS ) On this

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day of December, 1973, before me, the

subscriber, personally appeared MARY.L. PLACE, to me personally

known, and known to me to be the same person described in, and c.uemnsky

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Butts & Wal.hi

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who executed the foregoing instrument, and she duly acknowledged

to me that she executed the same.;

cNotary 1 -—

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fciMii -Ti-ir Stirttiitfii-'iliiiJ.

***'^^1^STATE OF NEW Y0RK •

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) ss. : COUNTY OF DUTCHESS )^,

On this / day of.

Nineteen Hundred and Seventy-iA^-before me" P^^naily came LLOYD W- HAPeman, to me

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personally known, .who, being by me duly sworn, bid depose a„a say that he resides in Bed HOdki Hew yorklybhat.he x. the Pr.sidenn

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oi First National .Bank „ot Bed Knot, th.' corporation d.soribea i„,

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the within instrument; that he knows th(^sehl

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$nd which executed,

of said corporation;

that the seal affixed to said Instrument is

so affixed by order of the Soared such corporate seal; that it was and that he signed his name of Directors of said corporation;

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thereto by like order.

Notary Public (■

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STATE OF NEW YORK

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ss.:

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On this 18th day of January-, Nineteen Hundred and '

before me personally came

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Seventy-ftur

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to me personally known, who,, being by me duly sworn, did depose

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and say that he resides in the Town of Milan,

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that he is the

ROY JACOBY

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Dutchess County, NY

President

of Rock City Memorial'Lutheran I Cemetery Association, the corporation described in, and which executed, the within Instrument; that he knows the seal of said corporation; that the seal affixed to said Instrument is such

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corporate seal; that it was so affixed by order of the Board of !•

Trustees of said corporation; and that he signed his name thereto

by like order.

'-z. NotaryPublw--- - - ~' OGUAM. J. V7AT.SH MoCXy Public cfNct, Yotfc fieildloR In Dutcbew Count).

-r -C tly espires March SO, id i

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