Mr. X died leaving a spouse from current marriage and children from a former marriage. A codicle to his will reads as follows (within ----- lines):
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Specific Devise of Mortgages. I give and devise all notes and mortgages owned by me, and all amounts due thereunder, to my Trustee hereinafter named, in trust, for the following uses and purposes:
Principal and Income Distributions: The Trustee shall hold the XYZ Trust as then constituted in trust for the benefit of EH, PH and BF. The Trustee shall pay to or apply for the use and benefit of EH all of the net income, at least monthly, received from the note and mortgage from MJ for the property located at (address of property), and all of the net income, at least monthly, received from the reinvested proceeds received from the satisfaction of said note and mortgage, and to this end my Trustee is hereby directed to reinvest any such proceeds received from the satisfaction os said note and mortgage. If the aforesaid note and mortgage from MJ does not comprise a part of my estate at my death, the Trustee shall pay to or apply for the use and benefit of EH $X per month from the net income from the trust. After making such payments to or applying such payments for the use and benefit of EH, my Trustee shall pay from the balance of the trust income the annual insurance and real property taxes due on the real property, and all structures located thereon, then used by EH as her primary residence. The Trustee shall then pay to or apply for the use and benefit of PH and BF, or the survivor of them, in equal shares, all of the remaining net income, or all of the net income if ER should be deemed to not be my surviving spouse, at least bi-annually.
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My questions are: What does the above legal language mean in everyday language, especially the phrases, "XYZ Trust, as then constituted" and "If ER should be deemed to not be my surviving spouse"? Does that language imply that a trust already in existence or is it calling for one to be established upon Mr. X's death? If EH should remarry, would that mean she would no longer be deemed to be Mr. X's surviving spouse? If EH should remarry and her last name become "X" instead of "H", would that cancel the requirement for the Trustee to pay taxes and insurance on the property where she resides since she would no longer have the name spelled out in the will?