Res 1996-082 - Laserfiche WebLink

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-,' 33 Cause No. 3064 SEGUIN STATE BA1"U( AND * - IN THE COUNTY COURT TRUST COl\fPANY * * VS. * AT LAW * THE PRESBYTERIAN CIllLDREN'S * HOJ\:IE, THE CITY CEMETERY OF * SAN MARCOS, AND THE REDWOOD * CEMETERY ASSOCIATION * GUADALUPE COUNTY, TEXAS --- ¡ COl\1PROMISE SETTLEMENT AGREEl\ŒNT I ! - This agreement is among the following parties: 1. SEGUIN STATE BANK & mUST CO:MP ANY, a Texas corporation, and the duly qualified and acting Trustee under the Last Will and Testament of Edward PuIs, Deceased, Guadalupe County, Texas. Their address is 200 North Austin Street, Seguin, Texas 78155; 2. PRESBYTERIAN CHILDREN'SHOMES, a charitable organization, whose address is 702 Rio Grande, Austin, Texas 78701-2720. TIús party has been named in this action as PRESBYTERIAN CHILDRENS HOME. 3. TI-IE CITY OF SAN MARCOS, a Texas municipal corporation, the address of which is 630 East Hopkins Street, San Marcos, Texas 78666; which owns and manages the San Marcos City Cemetery. This party has been named in this action as the CITY CEMETERY OF SAN MARCOS. 4. TI-IE REDWOOD CEMETERY ASSOCIATION, an association of private individuals organized to maintain the Redwood Cemetery. Their address is c/o Norman Gus Fishbeck, 285 Meadow, New Braunfels, Texas 78130. RECITALS - 1. This declaratory judgment action was filed by Seguin State Bank and Trust Company seeking to reform the testamentary trust created under Paragraph II of the Last Will and Testament ì of Edward PuIs (the "Trust") because such paragraph violated the rule against perpetuities. 2. All parties to this Agreement concede that bona fide disputes and controversies exist between them regarding how to reform the Trust to correct the violation of the rule against perpetuities. 3. All parties desire to dispose of the entire controversy and dispute among them, including all claims and causes of action among them, which arise out of the Trust, including all claims and causes of action of any kind that currently exist or that may exist in the future, relating in any way to the Trust. All parties recognize that there may be claims arising out of the Trust that are unlmown to the parties at the time of execution of this Agreement, or that may arise in the future. However, the parties have negotiated this Agreement in full knowledge of the possibility of additional claims, and intend this Agreement to settle the Trust, whether known or unknown. All parties hereto agree that the settlement set forth in this Compromise Settlement Agreement is the most appropriate method to effect the ascertainable general intent of Edward PuIs, the creator of the Trust.