<table><tr><th>From:</th><th>jeffrey E. &lt;jeevacation@gmail.com&gt;</th></tr><tr><td>Sent:</td><td>Wednesday, October 18, 2017 5:43 AM</td></tr><tr><td>To:</td><td>Noam Chomsky</td></tr><tr><td>Subject:</td><td>Re: trust</td></tr></table>

she should not be inundating you with documents . =AO she should be advising you on what steps to take to accomplish yo=r goals

<nchomsky3@gmail.com&=t; wrote:

What d= you think we should do with this?

Noam

Forwarded message

From: Deborah Pechet Quinan

Date: Tue, Oc= 17, 2017 at 7:21PM

Subject: RE: trust

To: Noam <u>Chomsk</u>

Cc: Gene Landy

"Valeria Chomsky

Hi Noam,

Max is asking because he =as a duty to balance your interests, with the interests of the children wh= are the remainder beneficiaries. This is a matter of general fiduciary law governing trustees, absent a provision in the trust =hat specifically permits a trustee to disregard the interests of the remai=der beneficiaries. Such a provision does not appear in Carol =99s trust. Please see page 2, paragraph 5.1of the trust, attached. The trust is governed under Massachusetts law (=ee page 14 paragraph 13.6 of the trust) and it is possible that I may find=case law to support the proposition that the interest of the beneficiary w=o is the surviving spouse takes precedence over the remainder beneficiaries of a marital trust; or a case that provid=s some guidance, such as to what extent the other financial circumstances =f the surviving spouse must be taken into account when a trustee considers=making a discretionary principal distribution. Please let me know if you would like me to research th=se specific issues. This is generally the same issue we grappled wit= when you requested principal distributions for tax payments.

At this juncture I think =t is a good idea to review to review the trustee appointment, removal, and=resignation provisions of Carol's trust, and the history of the trusteeships. I summarize these provisions for you and Valeri= below and I attach all of the referenced documentation.

Trustee Removal=/u>: You have the power under the trust i=strument to remove Max provided that you are joined in the removal by a majority of=your children, and provided that after the removal an independent trustee =s serving. See the trustee removal provisions on page 5 at paragraph=8.2(a).

Trustee Resignations</=pan>: Either or both of Max and Harry may r=sign as trustees voluntarily. See resignation provisions at page 5, parag=aph 8.2(b).

Trustee Appointments</=pan>: If one trustee resigns, the oth=r appoints a successor. If both resign at the same time, they appointment their=successors together. You must approve the appointments of the succes=or trustees. If there are no remaining or resigning trustees you mak= the appointment. A minimum of two trustees are required under the terms of the trust. See appointment provisions at=page 5, paragraphs 8.1(b)-(d).

Trustee History of Car=l's Trust: I have atta=hed for your reference the following trust documents which document the trusteeship over the trus='s term to date :

	1. Carol's orig=nal trust dated 10/18/1989 in which you and she were co-trustees;

2. The First Amendment =f Carol's trust dated 4/18/1991 by which she removed you as co-tru=tee and appointed Eric Menoyo as co-trustee to serve along with her. (Your acknowledgment of this removal is contained in this docume=t);

3. The Second Amendment=of Carol's trust dated 1/11/2007 by which she changed the provisio=s for the children after your death and also named you as a successor trustee to her upon her death or at any other time she c=ased to serve as trustee, and she named Harry as a successor trustee to yo= in this document as well;

	4. Your Declination to =erve as successor trustee to Carol after her death, dated 1/22/2009;

5. Harry's Acce=tance to serve as successor trustee to you after you declined to serve as =rustee, dated 3/2/2009; and

6. Harry's Appo=ntment of Max as successor trustee to Eric Menoyo after Eric Menoyo =99s death and your assent to that appointment, dated 5/20/2009.<=u>

I hope the above informat=on is helpful. Please let me know if you would like me to do the res=arch mentioned in the first paragraph of this note above, and if you would like to consider pursuing a change of trustees. I =99m happy to discuss all of this with you and Valeria to clarify any quest=ons you may have. Please also let me know if you would like me to sp=ak with Max tomorrow or if you would like me to postpone the call.

I look forward to hearing-from you.

All my best,

Deborah

=C2
Deborah Pechet Quinan, Esq. LL.M.
Shareholder
Assistant - <u>Ja ne Mahone</u>
Office I Fax:
e-mail:= = www.riw.com <http://www.riw.co=1> I BIO
<http://www.riw.c=m/attorney/deborah-pechet-quinan/>

From

Sent: Tuesday, October 17, 2017 4:37 PM
To: Deborah Pechet Quinan
Cc: Gene Landy; Valeria Chomsky
Subject: Re: trust

I don't see what there is to discuss with Max, a=d I don't understand his letter. It reads as if he is responsibl= for administering the trusts to ensure my financial future. This is the f=rst time I have heard anything like this, and I do not know what the basis might be for such a conception.=/p>

I requested a distribution from the marital trust, my first such request, a=art from a request for a withdrawal to cover taxes, which was not accepted=without conditions that I found totally inappropriate.

I don't see what more is involved.=/p>

Noam

On Tue, Oct 17, 2017 at 3:33 PM, Deborah Pechet Quin=n ██████████████████████ w=ote:

Dear Max,

</=>

I am available at 3:00 p.=. tomorrow afternoon, and would be happy to speak provided that Noam and Valeria give me permission to do so.

</=>

Best,

Deborah<=u>

<=>>

=C2
Deborah Pechet Quinan, Esq. LL.M.
Shareholder
Chair, Trusts & Estates Group<=pan style="font-size:10.5pt;font-family:"Calibri","sans-s=rif";color:black">
<https://maps.google.com/?q=255+State+Street,+7th+Floor%C2%A0%7=%C2%A0Boston,+MA+02109&entry=g
mail&source=g> |<=a> Boston, MA 02109
<https://maps.google.com=?q=255+State+Street,+7th+Floor%C2%A0%7C%C2%A0Boston,+MA+02109&entry=3Dgmail&
source=g>

Direct:  =C2 |=C2 Cell:  </=pan>
Assistant - Jayne Mahoney: 
Office:  <pan style="font-size:11.0pt;font-family:"Calibri","sans-s=if";color:#1f497d"> |<=pan style="font-size:11.0pt;font-family:"Calibri","sans-s=if";color:#1f497d"> Fax: 617.742-2355 <tel:  <=pan style="font-size:11.0pt;font-family:"Calibri","sans-s=if";color:#1f497d">
e-mail:=C2 dpq@riw.com <mailto:dpq@riw.com> = www.riw.com <http://www.riw.co=/> | BIO <http://www.riw.c=m/attorney/deborah-pechet-quinan/>

<=>

</=>

From: Max Kohl=nberg [mailto:m <mailtc ]
Sent: Tuesday, October 17, 2017 3:24 PM
To: Deborah Pechet Quinan
Cc: Gene Landy
Subject: RE: trust

Would you have time for a=call to discuss this tomorrow Deborah? In particular, I'd li=e to review with you how I might gather information about Noam's financial cir=umstances and needs, so that I can evaluate this request in light of my co=cerns that (a) the trusts remain available for his support over the balanc= of his lifetime, and (b) distributions from the trust are dedicated to his needs.

<=>

I am available tomorrow f=om 7am to 10am and again from 2pm to 4pm.

<=>>

Thanks,<=u>

<=>>

4

- Name: Max Kohlenberg
- Firm: Howland Evangelista Kohle-berg Burnett, LLP
- Address: One Financial Plaza — Suite 1600, Providence, Rhode Island 02903
- Direct: [redacted — black bar in image]
- Main: [redacted — black bar in image]
- Fax: [redacted — black bar in image]
- Website: www.hekblaw.com (http://www.hek-law.com/)
- Other visible artifacts: repeated encoding characters "=<=>", stray HTML-like tags (</=>)

This email and any attach=ents thereto are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. =f you are not the intended recipient of this email, you are hereby notifie= that any dissemination, distribution or copying of this email, and any at=achments thereto, is strictly prohibited. If you have received this email in error, please immediately notify me by =eturn email and permanently delete the original and any copy of this messa=e or attachment. Thank you.

<=>

<=>>

<=>:

From: Deborah =echet Quinan [mailto:dq@ri=.com <mailt
Sent: Tuesday, October 17, 2017 2:53 PM
To: Max Kohlenberg
Cc: Gene Landy
Subject: RE: trust

Hi Max,<=u>

<=>:

Noam has not requested my=input into this request.

<=>:

Thanks,<=u>

Deborah<=u>

=C2

Deborah Pechet Quinan, Esq. LL.M.
Shareholder
Chair, Trusts & Estates Group<=pan style="font-size:10.5pt;font-family:"Calibri","sans-s=rif";color:black">
<https://maps.google.com/?q=255+State+Street,+7th+Floor%C2%A07=%C2%A0Boston,+MA+02109&entry=g
mail&source=g> |<=a> Boston, MA 02109
<https://maps.google.com=?q=255+State+Street,+7th+Floor%C2%A07C%C2%A0Boston,+MA+02109&entry=3Dgmail&
source=g> Direct:  =C2 |=C2 Cell:  </=pan>
Assistant - Jayne Mahoney: 
Office:  <=pan style="font-size:11.0pt;font-family:"Calibri","sans-
s=rif";color:#1f497d"> |<=pan style="font-size:11.0pt;font-family:"Calibri","sans-s=rif";color:#1f497d"> Fax: 617.742-
2355 <tel:(617)%20742-2355> <=pan style="font-size:11.0pt;font-family:"Calibri","sans-s=rif";color:#1f497d">
e-mail:=  = www.riw.com <http://www.riw.co=/> | BIO
<http://www.riw.c=m/attorney/deborah-pechet-quinan/>

<=u>

<=>:

From: Max Kohl=nberg [mailto
Sent: Monday, October 16, 2017 9:56 PM
To: Deborah Pechet Quinan
Subject: Fwd: trust

Deborah -

I welcome your thoughts on this.

Thanks,

Max

## Sent =rom my Verizon, Samsung Galaxy smartphone

Original message --------

From: Max Kohlenberg

Date: 10/16/17 9:55 PM (GMT-05:00)

To: Noam Chomsky

Subject: Re: trust

Thanks for the quick reply Noam. I will get ba=k to you tomorrow.

Max

## Sent =rom my Verizon, Samsung Galaxy smartphone

Original message.

From: Noam Chomsky

Date: 10/16/17 9:14 PM (GMT-05:00)

To: Max Kohlenberg

Subject: Re: trust

I meant $500,000.

## Sent =rom my Verizon, Samsung Galaxy smartphone (cont.)

## Noam

On Mon, <u>Oct</u> 16, <u>2017</u> at 9:00 PM, Max Kohlenberg <=a href="mailto: target="_blank wrote:

Forgive me for asking Noam, but did you mean $500,00=, or $50,000?

Thanks,

Max

## Sent =rom my Verizon, Samsung Galaxy smartphone

Email:
*   From: Noam Chomsky
*   To: Max Kohlenberg
*   Date: 10/16/17 6:44 PM (GMT-05:00)
*   Subject: trust

Dear Max,<=u>

## =u>

I would like to ask =or a distribution from one of the marital trusts, for $500,000, to deal wi=h current expenses of mine.

## =u> (cont.)

=u>

Thanks for your cons=deration

=u>

Noam

=u>

=u>

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