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That William F. Cody,
AND WHEREAS; By written instrument bearing date of the 8th day of June A.D., 1900, it was agreed that the title to said undivided one-half (1/2) interest should be placed in the
AND WHEREAS; The above named parties in interest being widely separated by residences, for convenience in handling the joint interest it is desired that a Trustee be appointed with full power to transact any and all business in relation to said joint interest :
AND WHEREAS; It is mutually agreed that Bronson Rumsey of the City of Buffalo in the State of New York shall act as said Trustee:
NOW THEREFORE; this is to admit, make known and declare that the said Bronson Rumsey is hereby appointed and shall act as Trustee for the above named parties upon the following conditions, to-wit:
1. He shall have full power to represent and act for the above named parties in all transactions relating to said joint property, and particularly as relates to transactions with LINCOLN LAND COMPANY, in whom the title to said property is and shall be vested;
2. That he is authorized to receive reports and make settlements with the said LINCOLN LAND COMPANY in accordance with the mutual contract hereafter to be made between the said LINCOLN LAND COMPANY and the said Bronson Rumsey as Trustee, and shall receive and receipt for all monies
3. That after paying the ligitimate expenses of handling the above trust as said Trustee, shall distribute pro rata to the Seven (7) parties herein named all the funds coming into his hands as such trustee from any sources whatever.
Said Trustee shall have the power to enter into an agreement with the said LINCOLN LAND COMPANY, more particularly defining the conditions, methods and plans under which the said LINCOLN LAND COMPANY shall handle the joint property, which said contract is intended to take the place of and cancel the original agreement of June 8th, A.D., 1900, above referred to;
That in case of the death of any of the parties in interest the Trustee shall act for their heirs and legal representatives of such person; and in case of the death of the Trustee a new Trustee shall be appointed by the surviving parties in interest, who shall continue to act for all the parties in interest, including the heirs and legal representatives of such deceased Trustee;
It is agreed that the said Trustee shall not be held responsible for more than ordinary care in handling the joint and mutual interest above set forth.