This 4-page document establishes the Martin J. Friedan Scholarship Trust to provide scholarships to Catholic students attending Private School High who plan to continue their education. The Trust will be funded with a $1 million donation and managed by a Trustee to award annual $10,000 scholarships. Scholarship recipients must be active in their local Catholic church, in good academic standing, demonstrate financial need, and be accepted to a 2 or 4-year university. The Trust aims to promote Catholic education and can only be amended to further restrict trustee powers. It will continue in perpetuity unless terminated by the Trustee to distribute funds to the Catholic Church of Saint Mary or another religious purpose.
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The Martin J. Friedan Scholarship Trust
Declaration of this charitable trust made as of the 12th day of May, 2015, by John Doe, of
Private School High, who hereby declare and agree that they have received this day from Martin
J. Friedan, as Donor, the sum of one million dollars ($1,000,000) and that he will hold and
manage the same, and any additions to it, in trust as follows:
First: This trust shall be called “The Martin J. Friedan Scholarship Trust”
Second: The purpose for creating this trust is to promote members of the Catholic Church in
attending college and achieving the educational goals.
Third: The trustee shall hold the trust fund and, in their discretion, invest it or parts of it in
securities in which trustee is permitted to invest under applicable laws. The trustee may receive
and accept property, whether real, personal, or mixed, by way of gift, bequest, or devise, from
any person, firm, trust, or corporation, to be held, administered, and disposed of in accordance
with and pursuant to the provisions of this Declaration of Trust; but no gift, bequest or devise of
any such property shall be received and accepted if it is conditioned or limited in such manner as
to require the disposition the income or its principal to any person or organization other than a
"Catholic Scholarship". The trustees from time to time in their own discretion may invest the
income for educational uses and purposes described above solely by means of scholarships or
grants to any catholic student that demonstrates a financial need. Trustees shall make
distributions at such times and in a manner as not to subject the trust to tax and shall not act in
any self-dealing as described in Section 4941 of the Internal Revenue Code. Trustees shall not
retain any excess business holdings as defined in Section 4943 of the Internal Revenue Code and
shall not make any investments as defined in Section 4944 of the Internal Revenue Code nor
make any taxable expenditure, which would subject the trust or corporate trustee to tax under
Section 4945 of the Internal Revenue Code.
Fourth: The trust fund and the income of the trust fund shall be used only for the purposes
described above and shall not be used to benefit or inure any private shareholder or individual,
and no substantial part of the activities of this trust shall be the carrying on of propaganda, or
otherwise attempting, to influence legislation. No part of the activities of this trust shall be the
participation in, or intervention in (including the publishing or distributing of statements), any
political campaign on behalf of or in opposition to any candidate for public office.
Fifth: The Trustee shall distribute scholarships to the Catholic students of Private School High,
in the amount of ten thousand dollars ($10,000), for their continuing education. In order for a
Catholic student to be eligible for the scholarship they must have completed communion and
confirmation and be an active member of their local Catholic church. A letter of recommendation
from the father of their church must be submitted to the office of the trustee. Additionally the
student must be in good academic standing and demonstrate a financial need for a scholarship.
Lastly the Catholic student must be accepted into a two to four year university. All
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documentation must be submitted to the trustee’s office for consideration. Once all the
requirements have been met, the Trustee will supply the Catholic student with a check in the
amount previously stated at Private School High’s scholarship ceremony.
Sixth: This Declaration of Trust may be amended at any time or times by written instrument or
instruments signed and sealed by the trustee, provided that no amendment shall authorize the
trustee to conduct the affairs of this trust in any manner or for any purpose contrary to the
provisions of Section Two. An amendment of the provisions of this Article Fourth (or any
amendment to it) shall be valid only if and to the extent that such amendment further restricts the
trustees' amending power. All instruments amending this Declaration of Trust shall be noted
upon or kept attached to the executed original of this Declaration of Trust held by the trustee.
Seventh: The trustee shall be reimbursed from time to time as decided by the trustor and be paid
by the trust. All expenses incurred through the administration of the trust fund shall be paid by
the Trustor.
Eighth: The trust shall continue forever unless the trustees terminate it and distribute all of the
principal and income, which action may be taken by the trustees in their discretion at any time.
On such termination, assets shall be distributed to the Catholic Church of Saint Mary or for
another religious purpose.
Ninth: Any trustee under this Declaration of Trust may, by written instrument, signed and
acknowledged, resign his office. At all times there must be a trustee in charge of the scholarship
fund. Appointments shall be made by the trustor by written instruments signed and
acknowledged. Any succeeding trustee shall, upon his or her acceptance of the office by written
instrument signed and acknowledged, have the same powers, rights and duties, and the same
title. This trustee will not be required to furnish any bond or surety. The newly appointed trustee
will not be responsible or liable for the acts or omissions of any other of the trustees. The
trustees serving under this Declaration of Trust shall be reimbursed from time to time as decided
by the trustor and be paid by the trust and all expenses incurred through the administration of the
trust shall be paid by the Trustor, but in no event shall a trustee who has made a contribution to
this trust ever receive any compensation thereafter.
Tenth: The trustees' powers are exercisable solely in the fiduciary capacity consistent with and
in furtherance of the educational purposes of this trust as specified in Section Two and not
otherwise.
Eleventh: Any person may rely on a copy, certified by a notary public, of the executed original
of this Declaration of Trust held by the trustees, and of any of the notations on it and writings
attached to it, as fully as he might rely on the original documents themselves. Any such person
may rely fully on any statements of fact certified by anyone who appears from such original
documents or from such certified copy to be a trustee under this Declaration of Trust. No one
dealing with the trustees need inquire concerning the validity of anything the trustees purport to
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do. No one dealing with the trustees need see to the application of anything paid or transferred to
or upon the order of the trustees of the trust.
Twelfth: This Declaration of Trust is to be governed in all respects by the laws of the State of
Texas
IN WITNESS WHEREOF I have hereunto set my hand and seal this _________ day of
_____________, 20______________.
________________________________________________
[Typed or Printed Name of Trustor]
________________________________________________
[Signature of Trustor]
ACKNOWLEDGMENT OF TRUSTEE
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND
OTHER LEGAL RESPONSIBILITIES OF A TRUSTEE.
________________________________________________
[Typed or Printed Name of Trustee]
________________________________________________
[Signature of Trustee]
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF TEXAS COUNTY OF ________________ This document was acknowledged before me on
_______________ [Date] by ________________________________________________ [name of principal].
[Notary Seal, if any]: _______________________________
(Signature of Notarial Officer) Notary Public
for the State of Texas My commission
expires: ___________________
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PREPARATION STATEMENT
This documentwas prepared bythe following individual:
________________________________________________
[Jonathan Muriel]
________________________________________________
[Signature of Preparer]