<table><tr><th>From:</th><th>Noam Chomsky</th></tr><tr><td>Sent:</td><td>Friday, October 20, 2017 2:28 AM</td></tr><tr><td>To:</td><td>jeffrey E.; Valeria Chomsky</td></tr><tr><td>Subject:</td><td>Re: trust</td></tr></table>

Good idea, and will talk it over with Valeria -- who's=now so involved in all of the aspects of the Big Move -- today and the nex= few days -- that she can barely think about it. My immediate feelin=, before consultation with her, is that we should delay this option until =e see the outcome of the request for the distribution of the trust. Noam

On Thu, Oct 19, 2017 at 11:46 AM, jeffrey E. =lt;jeevacation@=mail.com <mailto:jeevacation@gmail.com» wrote:

it seems if both the trustees resign, you can appoint two pe=ple you trust.

On Wed, Oct 18, 2017 at 9:27 PM, Noam Choms=y
wrote:

Thanks for the information. Could you ple=se let me know what steps I should take to regain control of the trust.

Thanks,

Date: Tue, Oct 17, 2017 at 7:21 PM
Subjec=: RE: trust
To: Noam Chomsk
Cc: Gene Land

Hi Noam,

Max is asking because he has a duty to balan=e your interests, with the interests of the children who 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 Carol4k=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 it is a good idea t= review to review the trustee appointment, removal, and resignation provis=ons 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: =You have the power under the trust instrument 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: =ither or both of Max and Harry may resign as trustees voluntarily. See resignation provisions at page 5, parag=aph 8.2(b).

Trustee Appointments: =C240If one trustee resigns, the other 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 Carol's Trust<=span>: I have attached for your reference the following trust documents which document the trusteeship over the trus='s term to date :

1.=C24> Carol's original trust dated 10=18/1989 in which you and she were co-trustees;

co-trustee and appointed 2.=C24 =ric Menoyo The First as Amendment co-trustee to of Carol's serve along =rust with dated her. 4/18/1991 (Your acknowledgment by which she removed of this removal you as is contained in this docume=t);

- 3.=C24, The Second Amendment of Carol's=trust dated 1/11/2007 by which she changed the provisions 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.=C2. Your Declination to serve as successor =rustee to Carol after her death, dated 1/22/2009;

5.=C24, Harry's Acceptance to serve as =uccessor trustee to you after you declined to serve as trustee, dated 3/2/=009; and

6.=C2* Harry's Appointment of Max as s=ccessor trustee to Eric Menoyo after Eric Menoyo's death and your =ssent to that appointment, dated 5/20/2009.

I hope the above information is helpful...A0 Please let me know if you would like me to do the research mentioned in=the first paragraph of this note above, and if you would like to consider pursuing a change of trustees. I4>=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

Deborah Pechet Quinan, Esq. LL.M.
Shareholder
Chair, Trusts & Estates Group
255 State Street,=7th Floor

<https://maps.google.com/?q=255+State+Street,+7th+Floor%C2%A0%7=%C2%A0Boston,+MA+02109&entry=gmail&source=g> |

<https://maps.google.com/?q=3D255+State+Street,+7th+Floor%C2%A0%7C%C2%A0Boston,+MA+02109&entry=g=ail&source=g> Boston, MA 02109

<https://maps.google.com/?q=2=5+State+Street,+7th+Floor%C2%A0%7C%C2%A0Boston,+MA+02109&entry=gmail=amp;source=g>

Direct:
Assista
Office:
e-mail

From: Noam Chomsk
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.m. tomorrow afterno=n, and would be happy to speak provided that Noam and Valeria give me permission to do so.

Best,

Deborah

Deborah Pechet Quinan, Esq. LL.M.
Shareholder
Chair, Trusts & Estates Group

<https://maps.google.com/?q=255+State+Street,+7th+Floor%C2%A0%7=%C2%A0Boston,+MA+02109&entry=gmail&source=g>

<https://maps.google.com/?q=255=State+Street,+7th+Floor%C2%A0%7C+%3Chttps://maps.google.com/?q%3D255%2BState=e%2BStreet,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Boston,%2BMA%2B02109%26e=try%3Dgmail%26source%3Dg%3E%C2%A0Boston,%0D+MA+02109+%3Chttps://maps.google.com/?q%3D255%2BState%2BStreet,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Bost=n,%2BMA%2B02109%26entry%3Dgmail%26source%3Dg%3E&entry=gm ail&sour=e=g>

<https://maps.google.com/?q=3D255+State+Street,+7th+Floor%C2%A0%7C%C2%A0Boston,+MA+02109&entry=g=ail&source=g>

<https://maps.google.com/?q=255+State+Street,+7th+Floor%C2%A0%7C+%3Chttps://maps.googl=.com/?q%3D255%2BState%2BStreet,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Bost=n,%2BMA%2B02109%26entry%3Dgmail%26source%3Dg%3E%C2%A0Boston,%0D+MA+02109+%3Dhttps://maps.google.com/?q%3D255%2BState%2BStreet,%2B7th%2BFloor%25C2%25A=%257C%25C2%25A0Boston,%2BMA%2B02109%26entry%3Dgmail%26source%3Dg%3E&en=ry=gmail&source=g> Boston, MA 02109

<https://maps.google.com/?q=3D255+State+Street,+7th+Floor%C2%A0%7C%C2%A0Boston,+MA+02109&entry=g=ail&source=g>

Direct: <https://maps.google.com/?q=255+State+S=reet,+7th+Floor%C2%A0%7C+%3Chttps://maps.google.com/?q%3D255%2BState%2BStr=et,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Boston,%2BMA%2B02109%26entry%3Dg=ail%26source%3Dg%3E%C2%A0Boston,%0D+MA+02109+%3Chttps://maps.google.com/?q=3D255%2BState%2BStreet,%2B7th%2

## I don't see what more is involved.=/p> (cont.)

BFloor%25C2%25A0%257C%25C2%25A0Boston,%25MA=2B02109%26entry%3Dgmail%26source%3Dg%3E&entry=mail
&source=g> Cell: 
Assistant - Jayne Mahoney: 
Office:  <pan style="font-size:11pt;font-family:Calibri,sans-serif;color:rgb(31,73=125)"> | Fax:  =pan style="font-size:11pt;font-family:Calibri,sans-serif;color:rgb(31,73=125)">
e-mail: dpq@riw.com <mailto:dpq@=iw.com> www.riw.com |

From: Max Kohlenberg [mailto
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 th=s tomorrow Deborah? In particular, I'd like 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 from 7am to 10am and=again from 2pm to 4pm.

Thanks,

Max

A. Max Kohlenberg

Howland Evangelista Kohlenberg Burnett, LLP<=span>

One Financial Plaza — Suite 1600

Providence, Rhode Island 02903=u>

Direct:

Main:

## I don't see what more is involved.=/p> (cont.)

Fax:

www.hekblaw.com <http://www.hekblaw.com/>

This email and any attachments thereto are i=tended 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 "return email and permanently delete the original and any copy of this messa=e or attachment. Thank you.

From: Deborah Pechet Quinan

Sent: Tuesday, October 17, 2017 2:53 PM
To: Max Kohlenberg
Cc: Gene Landy
Subject: RE: trust

Hi Max,

Noam has not requested my input into this reruest.

Thanks,

Deborah

Deborah Pechet Quinan, Esq. LL.M.
Shareholder
Chair, Trusts & Estates Group

<https://maps.google.com/?q=255+State+Street,+7th+Floor%C2%A0%7=%C2%A0Boston,+MA+02109&entry=gmail&source=g>

<https://maps.google.com/?q=255=State+Street,+7th+Floor%C2%A0%7C+%3Chttps://maps.google.com/?q%3D255%2BStreet,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Boston,%2BMA%2B02109%26e=try%3Dgmail%26source%3Dg%3E%C2%A0Boston,%0D+MA+02109+%3Chttps://maps.googl=.com/?q%3D255%2BState%2BStreet,%2B7th%

## I don't see what more is involved.=/p> (cont.)

2BFloor%25C2%25A0%257C%25C2%25A0Bost=n,%2BMA%2B02109%26entry%3Dgmail%26source%3Dg%3E&entry=gm
ail&sour=e=g> |
<https://maps.google.com/?q=3D255+State+Street,+7th+Floor%C2%A0%7C%C2%A0Boston,+MA+02109&entry=g=ail&s
ource=g>

<https://maps.google.com/?q=255+State+Street,+7th+Floor%C2%A0%7C+%3Chttps://maps.googl=.com/?q%3D255%2BState%2BStreet,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Bost=n,%2BMA%2B02109%26entry%3Dgmail%26source%3Dg%3E%C2%A0Boston,%0D+MA+02109+%3Dhttps://maps.google.com/?q%3D255%2BState%2BStreet,%2B7th%2BFloor%25C2%25A=%257C%25C2%25A0Boston,%2BMA%2B02109%26entry%3Dgmail%26source%3Dg%3E&en=ry=gmail&source=g> Boston, MA 02109

<https://maps.google.com/?q=3D255+State+Street,+7th+Floor%C2%A0%7C%C2%A0Boston,+MA+02109&entry=g=ail&source=g>

Direct:

</=pan>

Assistant - Jayne Mahoney: 
Office:  <=pan style="font-size:11pt;font-family:Calibri,sans-serif;color:rgb(31,73=125)">

<https://maps.google.com/?q=255+St=te+Street,+7th+Floor%C2%A0%7C+%3Chttps://maps.google.com/?q%3D255%2BState%=BStreet,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Boston,%2BMA%2B02109%26entr=%3Dgmail%26source%3Dg%3E%C2%A0Boston,%0D+MA+02109+%3Chttps://maps.google.c=m/?q%3D255%2BState%2BStreet,%2B7th%2BFloor%25C2%25A0%257C%25C2%25A0Boston,=2BMA%2B02109%26entry%3Dgmail%26source%3Dg%3E&entry=gmail&source=3Dg> Fax: 617.742-2355 <tel:(617)%20742-2355> <=pan style="font-size:11pt;font-family:Calibri,sans-serif;color:rgb(31,73=125)">

e-mail:  www.riw.com |

From: Max Kohlenberg

Sent: Monday, October 16, 2017 9:56 PM
To: Deborah Pechet Quinan
Subject: Fwd: trust

Deborah=-

I welco=e your thoughts on this.

Thanks,=/span>

Max

## I don't see what more is involved.=/p> (cont.)

## S=nt from 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

## S=nt from 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.

## S=nt from my Verizon, Samsung Galaxy smartphone (cont.)

## Noam

On Mon, Oct 16, 2017 at 9:00 PM, Max Kohlenberg <=8 href="mailto

target="_blank">

wrote:

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

Thanks,

Max

## S=nt from my Verizon, Samsung Galaxy smartphone

Original message:

From: Noam Chomsky

Date: 10/16/17 6:44 PM (GMT-05:00)

To: Max Kohlenberg

Subject: trust

## Dear Max,<3

## =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>

NOTICE: This email with its attachments, if any, is =ntended solely for permitted use by authorized recipients. If you are not =n authorized recipient of this email, your retention, transmission, disclosure, or use of this email is prohibited. If you recei=ed this email in error, please notify the sender and delete this email and=its attachments from your devices and systems.

NOTICE: This email with its attachments, if any, is =ntended solely for permitted use by authorized recipients. If you are not =n authorized recipient of this email, your retention, transmission, disclo=ure, or use of this email is prohibited. If you received this email in error, please notify the sender and delete t=is email and its attachments from your devices and systems.

NOTICE: This email with its attachments, if any, is intended solely for per=itted use by authorized recipients. If you are not an authorized recipient=of this email, your retention, transmission, disclosure, or use of this em=il is prohibited. If you received this email in error, please notify the sender and delete this email and it= attachments from your devices and systems.

=C2 please note

The information contained in this communication =s confidential, may be attorney-client privileged, may constitute in=ide information, and is intended only for the use of the addressee. It =s the property of JEE

Unauthorized use, disclosure or copying of thi= communication or any part thereof is strictly prohibited and may be=unlawful. If you have received this communication in error, please noti=y us immediately by return e-mail or by e-mail to jeevacation@gmail.com <mailto des=roy this communication and all copies thereof,

and

## =u> (cont.)