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Mr.- Richard G. Gray, Sr. <br />Page Two <br />November 9, 1984 <br />parts of the country, I have the impression that this portion <br />of her Will referred to "approximate natural state". To me an <br />natural state does not mean that you turn it into <br />a high-producing game farm. <br />Question 2 - You are correct that only earnings of the <br />funds can be used. In my mind, this means that no principal can <br />be used. <br />Question 3 - No, there are no restrictions on where <br />the funds can be invested. That is in the discretion of the Hennepin <br />County Park Reserve District. Therefore, they could, for example, <br />invest in high-yield items to make as much income as possible. <br />They could also invest in low income yield items, although I would <br />not see much purpose in doing that since you can't spend principal. <br />In any event, that is a decision that would be up to them. The <br />instrument intentionally does not put limitations on how that <br />is accomplished. <br />Question 4 — Can the earnings be used only for "mainten­ <br />ance", or can some sort of improvements be done other than mainten­ <br />ance? In my mind, the earnings only can be used for maintenance <br />and no principal may be used for maintenance. However, I think <br />that if there is what might be termed excess earnings, meaning <br />more funds available than are currently being used for the project, <br />there would be nothing wrong under the Will in makingi modest improve­ <br />ments that carry out her intent. As I said in my last letter, <br />I think the addition of walking paths or modest improvements that <br />would improve the quiet enjoyment of the place would be in order. <br />That would include signs, for example, or labeling of different <br />plants or bushes so the public could be educated thereby. <br />Question 5 — Can a boat dock be installed on the shoreline <br />to be used by visitors coming by boat, but not launching boats? <br />In my mind, the answer to this one is clearly "no". The reason <br />being this was discussed with Mrs. Hoppe, and she felt, as did <br />we, that it would be impossible to enforce it in the sense that <br />you wouldn't know which people were coming to use it for the intended <br />purpose and which people were coming just to have a place to land <br />and have a picnic, or a beer party, or whatever. Mrs. Hoppe was <br />very anxious that the general character of the area not be changed, <br />and she was particularly sensitive to the views of Mr. & Mrs. <br />Leonard Carpenter, her neighbors, who also had conservation ideas <br />similar to Mrs. Hoppe. I remember pointing out to her specifically <br />that unless she wanted to have the Park Reserve District pay for <br />® time watchman, or other enforcement procedures, it would <br />be very difficult to have a dock or bouy area that would accommodate <br />true nature lovers coming to the park, as distinguished from people <br />who wanted to come there for an all-night party, or worse. <br />i <br />iiJ