EFTA02561367.pdf

From: Richard Kahn Sent: Wednesday, November 29, 2017 5:11 PM To: Jeffrey E. Subject: Fwd: trustee Richard Kahn HBRK Associates Inc. 575 =exington Avenue 4th Floor Begin forwarded message: From: =/b>Noam Chomsky Subject: =/b>Re: FW: =rustee Date: =/b>November 29, 2017 at 11:14:52 =M EST To: =/b> Cc: =/b>"Valeria Chomsky "Richard Kahn Gene Landy Please do write to Max to respond to my =equest that he resign. And depending on what happens, we can =roceed from there. Noam On Wed, =ov 29, 2017 at 7:42 AM, Deborah Pechet Quinan > wrote: Dear Noam, Pursuant to Richard's request I =m re•sending my email of 11/14, referenced in my email yesterday. =lease let me know if you agree with my proposed plan. EFTA_R1_01722849 EFTA02561367  Best, Deborah Deborah Pechet Quinan, Esq. =1.M. Shareholder Chair, Trusts & Estates =roup 255 =tate Street 7th Floor Boston =MA 02109 I www.riw.com I BIO From: Deborah Pechet Quinan Sent: Monday, November 13, 2017 11:31 AM To: 'Noam Chomsky'; Richard Kahn Cc: Valeria Chomsk Subject: RE: trustee Dear Noam and Richard, I wanted to let you know that I am in =eceipt of both Rich's email of yesterday evening requesting =hat I prepare documentation to replace Max as the independent trustee with Richard based on Richard's discussions with Max =nd Noam, and of Max's email below. (Rich please review =ax's email, below.) My advice: let me write to Max =nd request that he responds within a week to Noam's request =hat he resigns. If the response is not positive, I suggest that we move back to the plan Noam and I had established on October 29th and which was on hold, i.e. that I help him craft a =etter to his children requesting that a majority of them agree to =emove Max. Please recall that removing Max is an option if he is not willing to resign, but that requires that a majority of =oam's children participate in the removal. Barring that, =e would need to institute a court action to remove him, which I am sure =veryone hopes to avoid. Noam please let me know if you agree with the plan I have outlined above. Richard, assuming we are able to =esolve this issue in the short term please let me know under which =rovision of the independent trustee definition in the trust you qualify. 2 EFTA_R1_01722850 EFTA02561368  Based on Max's response below I =elieve we are at a point where all communications should be between me =nd Max regarding this issue. Richard this is because you are not Noam's attorney and I need to establish the case =irectly with Max, as Noam's counsel, as to why he needs to =esign, as I build my file. I intend to set forth the manner in =hich the trust has been administered in this regard, if we have to get to that point, and I will get input from all of you on this =ssue. I look forward to hearing from you both =egarding the issues I have raised above and to receiving specific =irection from Noam. Best, Deborah Deborah Pechet Quinan, Shareholder Chair, Trusts & Estates =roup 255 =tate Street, 7th Floor I Boston,=MA 02109 I www.riw.com I BIO From: Max Kohlenberg [mailto Sent: Monday, November 13, 2017 9:04 AM To: 'Noam Chomsky' Cc: Harry Chomsky; Deborah Pechet Quinan Subject: RE: trustee Good morning Noam — I'm afraid that Rich may have =isunderstood me in our conversation with respect to my serving as trustee of the marital trusts. What I said to Rich was that I =ould never want to serve as trustee of a trust if the beneficiaries did not wish me to serve as =rustee, and I was explicit in stating that I would resign as =rustee of these trusts if you and your children no longer wish me to =erve as trustee. I'm sorry if there was some =isunderstanding between Rich and me, but I have not asked your children if they wished me to =esign and have not (as of yet) given consideration to whether or not I =ould resign if you wish me to resign and one or more of your children =ishes me to continue to serve as trustee. 3 EFTA_R1_01722851 EFTA02561369  As you will note, I am again copying =eborah on our exchange. Thanks, Max A. Max Kohlenberg Howland Evangelista Kohlenberg Burnett, =LP One Financial Plaza — Suite =600 Providence, Rhode Island 02903 www.hekblaw.com <http://www.hekblaw.com/> This email and any attachments thereto =re intended only for use by the addressee(s) named herein and may =ontain legally privileged and/or confidential information. If you are not the intended recipient of this email, you are hereby =otified that any dissemination, distribution or copying of this email, =nd any attachments thereto, is strictly prohibited. If you have =eceived this email in error, please immediately notify me by return email and permanently delete the original and any copy of =his message or attachment. Thank you. From: Noam Chomsky Sent: Sunday, November 12, 2017 8:33 PM To: Max Kohlenberg Cc: Harry Chomsky 4 EFTA_R1_01722852 EFTA02561370  Subject: trustee Max, Could you confirm formally to Harry that =ou agree to stand down as Trustee, as you informed Richard Kahn. Thanks. Noam NOTICE: This email with its attachments, if any, is intended solely for =ermitted use by authorized recipients. If you are not an authorized =ecipient of this email, your retention, transmission, disclosure, or =se of this email is prohibited. If you received this email in error, please notify the sender and delete this email and =ts attachments from your devices and systems. 5 EFTA_R1_01722853 EFTA02561371