HomeMy WebLinkAbout69-0110
I. -- .'"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
INRE:
CLYDE L. AND MARY C. SHAULL
EDUCATION TRUST
NOS. 21-69-0085
21-69-0110
PETITION TO REFORM THE TRUSTS UNDER WILL OF
CLYDE L. SHAULL AND MARY C. SHAULL
TO THE HONORABLE mDGES OF SAID COURT:
AND NOW, come Petitioners, CHARLES E. SHIELDS, III, THOMAS C. WETZEL and
JOSEPH HOOD, Co-Trustees ofCL YDE L. AND MARY C. SHAULL EDUCATION TRUST,
by their attorneys, METTE, EV ANS & WOODSIDE, and respectfully represents that:
1. Clyde L. Shaull, who died on April 22, 1949, made his Last Will and Testament
dated June 22, 1948 and Codicil dated September 4, 1948. True and correct copies are attached
hereto as Exhibit 1.
2. Mary C. Shaull, who died on February 7, 1969, made her Last Will and Testament
on January 22, 1959 and Codicil dated July 25, 1966. True and correct copies are ~hed
So
, :D
hereto as Exhibit 2. =p 0
~';q
. C/J. :-J--:
;:3 ~-i
..
--i
~-.,
=
--.l
-.
-":->..
:::-:<1
-<
N
N
~
_.-.:...
c>
o
C.11
OJ
~
3. Item 5(d)(3) of the Will of Clyde L. Shaull and Item 6(c) of the Will of Mary C.
Shaull purport to establish a charitable trust for the benefit of students of the Mechanicsburg
Area School District using identical language.
4. The combined Trust established under the above-referenced Items is referred to as
the Clyde L. And Mary C. Shaull Education Trust.
5. The relevant operating language provides:
To use the income therefrom to assist worthy and needy
students graduating or who have graduated from the
Mechanicsburg High School in obtaining a higher education, and
in the event the Trustees determine that the income is not sufficient
in anyone year for this purpose, to use not more than Five
Hundred ($500.00) Dollars of the principal annually for such
purposes.
6. The purpose of the Trust is more fully explained in language of the afore-
mentioned Items which provides:
The Trustees shall have sole discretion in determining the
qualifications of the persons to be assisted, but shall be guided by
these factors, to wit: the student must be qualified in ability for
such higher education, he or she must have need for financial
assistance from some source other than self or family, and lastly, it
is not my purpose to provide full fmancing of such an education
but to assist the efforts put forth by the student.
7. A Petition for Court Decree Revising the Means of Appointment of Successor
Trustee was approved by Order date June 15, 1994.
2
~
8. An application for tax exempt status under Section 501(c)(3) of the Internal
Revenue Code was filed by the Trustees in 1974 or 1975.
9. By letter dated July 21, 1975, the Internal Revenue Service determined that the
Clyde L. and Mary C. Shaull Education Trust was exempt from Federal income tax under
Section 501 (c)(3) as it was "Private Foundation" under Section 509 of the Internal Revenue
Code. A true and correct copy is attached hereto as Exhibit 3.
10. The Fair Market Value of the Clyde L. And Mary C. Shaull Education Trust as of
September 11,2006 was $663,481 and the estimated annual income is $18, 603. A true and
correct copy of the September 11,2006 financial statement is attached as Exhibit 4.
11. Periodic fiduciary accountings have been filed and approved by the Court of
Common Pleas of Cumberland County, Pennsylvania.
12. The Clyde L. And Mary C. Shaull Education Trust annually files Form 990-PF
under TID 23-7101845.
13. The rules for private foundations in the Internal Revenue Code require that the
trust distribute annually an amount equal to its minimum investment return which generally
equals five (5%) percent of its net investment assets.
14. Failure to comply with the minimum distribution requirement will cause the Trust
to pay an excise tax of fifteen (15%) percent of the undistributed amount and potentially a
3
~ )l
second level tax will be imposed equal to one hundred (100%) percent of the undistributed
amount if the problem continues.
15. Repeated or flagrant failures to distribute the minimum amount can result in
additional penalties and loss of the Trust's tax exempt status.
16. It is not possible to guarantee investment-related net income in an amount equal
to five (5%) percent of the net investment amount.
17. The Trustees are likely to have to invade principal to satisfy and comply with the
minimum distribution rules imposed by the Internal Revenue Service on private foundations.
18. The Trustees believe that compliance with the Internal Revenue Service private
foundation rules and retention of the Trust's status as a tax exempt entity is consistent with the
desire of the ShaulIs.
19. The Trustee requests that the following language be added to the Clyde L. And
Mary C. Shaull Education Trust:
The Trustee shall distribute so much of the net income and
principal for each taxable year at such time and in such manner as
not to become subject to the tax on undistributed income required
by Section 4942 of the Internal Revenue Code, as amended.
Trustee shall not engage in any act of self-dealing as
defined in Section 4941 (d) of the Internal Revenue Code of 1986,
or corresponding provisions of any subsequent Federal tax law; nor
retain any excess business holdings as defined in Section 4943(c)
of the Internal Revenue Code of 1986, or corresponding provisions
4
,
of any subsequent Federal tax law; nor make any investments in
such manner as to incur tax liability under Section 4944 of the
Internal Revenue Code of 1986, or corresponding provisions of
any subsequent Federal tax law; nor make any taxable
expenditures as defined in Section 4945( d) of the Internal Revenue
Code of 1986, or corresponding provisions of any subsequent
Federal tax law.
20. The Trustees have experienced years when the number of qualified applicants was
lower than necessary to meet the IRS distribution requests.
21. Trustees seek permission to add the following language to the Trust:
Trustees are authorized to make distributions in the form of
contributions to the Mechanicsburg Area High School Alumni
Association Scholarship Fund in any year in which distributions to
qualified scholarship recipients are inadequate to satisfy and
comply with the minimum distribution requirements of the Internal
Revenue Code, as amended. The distribution amount is limited to
the minimum amount necessary to comply with the IRS minimum
distribution requirements for a private foundation.
22. Trustees believe it is consistent with the desires of the ShaulIs that they have the
ability to make further amendments as necessary to comply with the requirements of the Internal
Revenue Service and Internal Revenue Code with the addition of the following language:
This Agreement of Trust may be amended by written
instrument or instruments signed and sealed by Trustee, and
acknowledged by Trustee, provided that no amendment shall
disqualify this Trust as an exempt organization under Sections
501(c)(3), 2005(a)(2), and 2522(a)(2) of the Internal Revenue
Code of 1986, and no amendment shall authorize Trustee to
conduct the affairs of this Trust in any manner or for any purpose
contrary to the provisions of Sections 501 (c)(3), 2055(a)(2), and
2522(a)(2) of the Internal Revenue Code of 1986 as now in force
or afterwards amended. Any amendment of the provisions of this
5
Agreement (or any amendment to it) shall be valid only if and to
the extent that such amendment further restricts Trustees'
amending power and is undertaken for the sole purpose of
continued compliance with the rules of the Internal Revenue Code
applicable to the trust. All instruments amending this Agreement
of Trust shall be noted upon or kept attached to the executed
original of this Agreement of Trust held by Trustee.
23. The Trustees consent to this Petition. A true and correct copy of the consents are
attached as Exhibits 5, 6 and 7.
24. The Office of Attorney General was served with a copy of the Petition.
25. PNC Bank, in its capacity as investment advisor, consents to this Petition. A true
and correct copy is attached as Exhibit 8.
26. Section 7740.6 of the Pennsylvania Uniform Trust Act permits the Court to
modify a trust instrument in a manner which is not contrary to the settlor's probable intention in
order to achieve the settlor's tax objectives.
WHEREFORE, Petitioners respectfully represent that the Court enter an Order reforming
the Shaull Trust as follows:
(a) By adding the following language to comply with the
private foundation rules:
The Trustee shall distribute so much of the
net income and principal for each taxable year at
such time and in such manner as not to become
subject to the tax on undistributed income required
by Section 4942 of the Internal Revenue Code, as
amended.
6
Trustee shall not engage in any act of self-
dealing as defined in Section 4941 (d) of the Internal
Revenue Code of 1986, or corresponding provisions
of any subsequent Federal tax law; nor retain any
excess business holdings as defined in Section .
4943(c) of the Internal Revenue Code of 1986, or
corresponding provisions of any subsequent Federal
tax law; nor make any investments in such manner
as to incur tax liability under Section 4944 of the
Internal Revenue Code of 1986, or corresponding
provisions of any subsequent Federal tax law; nor
make any taxable expenditures as defined in Section
4945(d) of the Internal Revenue Code of 1986, or
corresponding provisions of any subsequent Federal
tax law.
(b) By adding the following language to permit distributions to
the Mechanicsburg Area High School Alumni Association
Scholarship Fund:
Trustees are authorized to make
distributions in the form of contributions to the
Mechanicsburg Area High School Alumni
Association Scholarship Fund in any year in which
distributions to scholarship recipients are
inadequate to satisfy and comply with the minimum
distribution requirements of the Internal Revenue
Code, as amended. The distribution amount is
limited to the minimum amount necessary to
comply with the IRS minimum distribution
requirements for a private foundation.
(c) By adding the following language permitting the Trustees
to make future amendment:
This Agreement of Trust may be amended
by written instrument or instruments signed and
sealed by Trustee, and acknowledged by Trustee,
provided that no amendment shall disqualify this
Trust as an exempt organization under Sections
501(c)(3), 2005(a)(2), and 2522(a)(2) of the Internal
Revenue Code of 1986, and no amendment shall
authorize Trustee to conduct the affairs of this Trust
in any manner or for any purpose contrary to the
7
provisions of Sections 501(c)(3), 2055(a)(2), and
2522(a)(2) of the Internal Revenue Code of 1986 as
now in force or afterwards amended. Any
amendment of the provisions of this Agreement (or
any amendment to it) shall be valid only if and to
the extent that such amendment further restricts
Trustees' amending power and is undertaken for the
sole purpose of continued compliance with the rules
of the Internal Revenue Code applicable to the trust.
All instruments amending this Agreement of Trust
shall be noted upon or kept attached to the executed
original of this Agreement of Trust held by Trustee.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
~4-0
Vic Ann Trimmer, Esquire
Sup. Ct. I.D. No. 49679
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Petitioner
Date: May 21, 2007
8
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
INRE:
SHAULL TRUST
NOS. 21-69-0085
21-69-0110
VERIFICATION
The undersigned, deposes and says, subject to the penalties of 18 Pa. C.S.A. ~4904,
relating to unsworn falsification to authorities, that the facts set forth in the foregoing Petition are
true and correct to the best of his knowledge, information and belief.
~/!~
Charles E. Shields, III
May 21, 2007
CERTIFICATE OF SERVICE
I certify that I am this day serving a copy of the foregoing document upon the person(s)
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg,
Pennsylvania, with first-class postage, prepaid, as follows:
Office of Attorney General
Charitable Trusts and Organizations Section
14th Floor, Strawberry Square
Harrisburg, P A 17120
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: ~_
Vicky Tnmmer, Esqwre
Sup. Ct. I.D. No. 49679
3401 North Front Street
P. O. Box 5950
Harrisburg, P A 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Petitioner
Date: May 21 J 2007
EXHIBIT LIST
1. Last Will and Testament and Codicil of Clyde L. Shaull
2. Last Will and Testament and Codicil of Mary C. Shaull
3. Internal Revenue Service Letter dated July 21, 1975
4. September 11, 2006 Financial Statement
5. Consent of Trustee
6. Consent of Trustee
7. Consent of Trustee
8. Consent of PNC Bank
1
.,
Commonwealth of Pennsylvania, } ss:
County of Cumberland,
I, HAROLD E. SHEELY, President Judge of the Ninth Judicial
District of Pennsylvania, and Presiding Judge of the Courts of
Common Pleas, Orphans' Court, and Court of Quarter Sessions of
the Peace, in and for the County of Cumberland, do certify that
Mary C. Lewis by whom the
annexed record, certificate, and attestation were made and given, and
who in his own proper handwriting has thereunto subscribed his name
and affixed his official seal, was, at the time of so doing, and now is,
Register of the Probate of Wills and Granting Letters of Administra-
tion, in and for the County of Cumberland, duly commissioned and
qualified, to all whose acts, as such, full faith and credit are and ought
to be given, as well in Courts of Judicature as elsewhere, and that the
said record, certificate, and attestation are in form of law and made
by the proper officer.
In Testimony Whereof, I have hereunto set my hand, this
16th
day of
Nine Hundred and
July
Ninety-~~
A. D. in the year of our Lord One Thousand
t=; . ~dent Judge
Commonwealth of Pennsylvania, } ss:
County of Cumberland,
I,
L~wr~n~~ R_ W~]k~r
Prothonotary
of the Court of Common Pleas, in and for the County of
Cumberland, do certify that the Honorable Harold E. Sheely, by
whom the foregoing attestation was made, was, at the time of making
thereof, and still is, President Judge of the Court of Common Pleas,
Orphans' Court, and Court of Quarter Sessions of the Peace, in and
for the County of Cumberland, duly commissioned and qualified, to
all whose acts, as such, full faith and credit are and ought to be given,
as well in Courts of Judicature as elsewhere.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the said court, this
16th
Thousand Nine Hundred and
day of
July
A. D. One
N~-three. .
~. 1j/dk.-
: · '. (). 1V~i~'
Prothonotary
REGISTER OF WILLS
Certificate of Grant of Letters
N~ 21-69-110
ESTATE OF CLYDE L. SHAULL
Social Security No.
WHEREAS, on the 24TH day of FEBRUARY, 19 -2.L. instrument(s) dated
JUNE 22. 1948 AND SEPTEMBER 4. 1948
w.as(were) admitted to probate as the last will of CL YDE L. SHAULL
late of MECHANICSBURG
, who died on the 27TH
day of APRIL
, 19 ...A-<L, and
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I,
JOHN W. McMILLAN. JR.
, Register of Wills
in and for the County of Cumberland, in the Commonwealth of Pennsylvania, hereby certify that I
have this day granted Letters
TESTAMENTARY D.B.N.
ro THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG. PA.
who ha. ve
duly qualified as EXECUTOR
and ha. ve agreed to administer the estate according to law, all of which fully appears of record
in my Office at
CART.TST.F.
, Pennsylvania.
IN TESTIMONY WHEREOF, I have hereunro set my hand and affixed the seal of my Office the
24TH
day of
FEBRUARY
, 19.6..9--.
/4 ~,i:1Jt.-~~r;v'
Register of Wills
. .
OATH OF PERSONAL REPRESENTATIVE
OF PENNSYLVANIAl55:
COUNTY OF CUMBE S
Before me. the Register for
County of Cumberland. personally came .........~""........................................ ..................................................................
-.........,
who. being duly............................... do ............ depose a
of the last Will and Testament of ......................................... ............ ............................................................. deceased
;......................................... will well and truly admin' er the goods and cha
according to law. And also will diligently co
before me.
;:,
'I.-i
~
81
....
N
~.
0'1:
. "3 -01
:z: ~ 0\
-
.
I'Q 0
. IJ. -01
Q
0 v1
>- ~!
~ .....i
< -.
E-< .J ..... : vi
:z: ::3: 1 Ni
~ .J cd:
..c:: >-i
~1 -
E-< - ~ "":
tI) ~ u all
~ ...:l! .., ::3:
E-< .= ~ 1-<:
Clli ..0:
tI) '0 : .." Q):
~ p::: :>-i cu ...... ~I
~ .....: .."
...
E-< U! ~ ~
~ E-<
~ cu .."
...:l .." ~ ~
~ c
.. ll.. ii:
DECREE
Be it remembered that on the ..........~.~.~~....... day of ........X~~.~~~EY............................... A. D., 19...~.?,JCN\i'f~
~~kJ4JCWJt~.jgj.xWX1tlOJld:~mxxx.~~~~~~~~~.~~~.........................._..........m...,
~XdfX~~.~A~~~.':':~:.~~~~~.;~.g~.;~~l<;~.;~~~~.;?f~~~iljl<~ Letters
Testamentary D.B.N. The First Ban~ & Trust Co. of Mechanics-
.................................................................. were granted to .....-bu.rg.;...Pa.;...................................,.................-................'"
in the estate of Clyde L. Shaull, late of MeC~iCSburg. Pa.. deceased,
W.... my moo >nd offkm 2U ~ day ~d "" "~Wd~m ..&:&<c#{iLl
Regli-...
.. l(
0 ~ '" ~ ~ tJ < ~ I[ ~ !i
'" ..
g- is.: ro ~ 0 Q.. 0- .~
ro Q.. 0 : , p' ~.
~ 0 s' Ii c- Q.. , , 00 ri
f:~ S' ..,
~ i '" ro : , 1i ~
S' C1Q S' : , .., ....
0 CT 00 :en '" 0
0 tT:l
: :~ .. :i' ro 0 g- :CD 0 I)q
~ :ij 0 g. ~ ~ 'd e.. a- ~
Q.. 'C1' ~
, :::1 [ 0 '0 " ~
..... :1&>- 8 ~ Ol
l:! 'l1 'Cll
;:;. ::Ii ~ Q.. 0 tl:l
.. ~: [
~: :-" '" :0 :1-' I'D ..... CD
0 S' '~ :(() > I-j 'tIJ d
: ~ ..... 00 ,::1 it 8' Q.. C1' ,::1
r ~ t': Q ~ 8 ~ .Po
<= I-' ro e: ~ !i
0 .. <;cl 0 ro
Q.. 0 .. ~ '" 0
: i>> Q.. Po n .... [ ~
. 0 .. CD 8 ro ~ Q
0 0- ~
. Q.. Q.. ,., ~ en S' 0
.., :t'1 Q.. <= tl:l
: ~ e-: .. 5' c- o
. en 1%1
: c- en :, 00 9, S' I-' ~~
. ,'" ..., :, i:t.l 8' .. ~
. n 0 0 c- ~
S ,., '" : I p- 5'
: s.: S' 0> s: Q.. i:l..
ro :, 1%1 ::;l 00 Q..
E Q.. (f<; ~ ,'l1 :CD ..... ::I~
8 ,0 '" ~, t-t 0 CIl
c- ....
8 I-' Q.. :::r' or S' " 0 ~
tn' ro S' 1 '" !i
.... :1%1 8 Dl :cT .. :-"
fi 0 ,Q.. Q.. is.:
rl 8; ,::1 l! '" CT 0
3 ro :~ Dl .~ (')
"--- _. " a .. ;0 0 8' G 0 0
3 0 ClI .... <=
0 Q.. ,C- :!!:: 0 .......
-< ;:r '" ~~ ~ 'SII ..:;j' Q
.. ~ 0- ~ 0 ~Iil: ~
0 ,~ ()Q ....
Q.. ,Cll ~ ~ ~ 'SII ~ :1%1
g l:S ~
Q.. ~ C. ~' Po
~ ~. :C1' I[
,.,
g ~ 'p- ,0 If g-
en 'CD h ,1-'
Q.. J!. :"4 fa a :Ii::..c..
S' 9 ~ 8 ,~ S'
l!'l .... ..., .~ If :CD :1-'
.. g. l!
8' c :CD ~I:" :~ s:- oW
Q.. ~ ,'1 g- o ro
~ :(1) ;. .(])
t"" .?" Q.. .... .Po (') ~
~ "0 ~ .en 'l1 0 ro
c- el :::r' ::!, :~ ~. ,.,
~ ~ 0 -0 g :p, ::;:t. : 0 0-
0 0 nl :~ & 0 ,.,
:-" g '" .g- , I-' "0 :~ 0 !f-
ro 'l1
: g: ~ ~ ,g. ;p : I-' <= :sa ro ~
: Q.. : ...a 'C1' .. ~
: (]) .. ~ ~ 0 0 'C1' s:
:...... - Q.. 0 :+ :ClI i- p
~s:- 1" s' 0
~ .. ..... '"
o ro 0 Q.. 00 0
'l1 .... 0- Q.. ~ s- f .... ....
ei' .. ~
~ ri 2" I[ ~
a. ro '" :co
00. U ~ ro ~
,"" .... ro Q.. 0... ..
,.,
CUMBERLAND COUNTY, aa:
This u......uuu..e.~g.9.n.I1... .u.... uu... .... ............ ...day of. ....... u........... ...,...M~ 3:.......... .... ........ .A. D., 19 ..1~...
before me .m..uuu......~~.J:Ji.r.~m.Jl,...Il.~l..dw.1.n......m.......m.m......_., Register f.or the Probate of Wills
and granting letters of Administration in and for said County of Cumberland. in the Commonwealth
of Pennsylvania, personally came....u.....L.Qt.t.b...May...~ng...MjJ,g.r.!'l.(LW.....)X~:t.t~..__..m_....m..........
~ ~ ~~...................... .................................... ...... .......--.. ......... ..-....-. .. ~ ...... ....... ...........~ ~. ........ ........... ....... ........ ~..... .... ....-......... .....
the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and
Testa~ent 1A...M..Q....Q.Q.111s;.U....Q!mQl..Isie....L .....Sha Y.U.......m.. .......... Dated ._~~!e~~r.~i;~ 1..948.
late. ot. m......:...m............Machanlc.sbllrg... ....... ...... ..__ ........ ......._......... .......:........... .........000.... deceased
who b~ing duly.....JJ1,{Ql'lL......according to law, depose and say, that...mthay...}'{.e.r~..._......m............
present, and saw and heard the testa...tQ.~....... .... ....Ql.Ig.~...L.t...ml~YJ,;l:m....m..............m...m...m..m
sign, seal. publish, pronounce and declare the said instrument of writing as and for h..u. Testament
and Codicil thereto,
and Last Will/and at the time of so doingm.............he...1Y..asm..,......was of sound and disposing mind,
memory and IInderstanding, to the best of....m....m...thl'l.i.r..m.....n..............m.......knowledge, observa-
tion and belief.
....m......m...iI.Y{Q.m.............and subscribed before
::=f::::i::l?;~.;:.-;k_::
~...1~egister.
....... ...........-................................. ......~..._......................
CUMBERLAND COUNTY, ss:
..m.........u.......... ..........................Mar-Y-....c........Sh.lil.ul.l................m........m..u....m...m......m...m.. being duly
.m.......JIW.o.m.............m......says that as nearly as can be ascertained the said decedent...m...m..m...m.
... .........u............ ........._u.u.. ....... ..C.l;1r.d.fl...~.... .Sh aJ.1.ll. __.. 000000...... .000........ ............ ..... .000......... ........ .died on
T.1W~~AA:~~dlil.,.._.....the............2.7..t.h.....m.....day of...............u....uA-,Itri.l..........u....u......A. D., 19ui~..,
at o~ abouL......4j~5.........m......o'clock,......r....M.
..m.......m..swo.rn..................uand subscribed this
u..._..:....~........_..u.day of....May.:.............
190004.9., before
~e.~
._u_--.-..-..U.......-..................-.................
~ft~egister.
.....;i.
\,
2169
110
/ D.B.N.
PETITION FOR LETTERS TESTAMENTARY IN
THE ESTATE OF CLYDE L. SHAULL, DECEASED.
{.
TO: JOHN W. McMILLAN, JR., REGISTER OF WILLS FOR THE COUNTY
OF CUMBERLAND IN THE COMMONWEALTH OF PENNSYLVANIA:
1. Clyde L. Shaull died on Wednesday, the 27th day of April,
1949~ ,and was a resident of the Borough of Mechanicsburg, County
Q~Cumberland and Commonwealth of Pennsylvania.
2. The Last Will and Testament of the said Clyde L. Shaull,
dated June 22, 1948, provided as follows:
"
8.
I hereby appoint my said wife, Mary C. Shaull, executrix
of this my last will and testament, and upon her death,
The "First'Bank and Trust Company of Mechanicsburg, Pennsyl-
vania as her successor. "
3. On May 2nd, 1949, Bertram G. Baldwin, then Register of
wiilsof Cumberland County, issued Letters Testamentary in the es-
tate of Clyde L. Shaull to Mary C. Shaull.
4. The said Mary C. Shaull died on Friday, the 7th day of
February, 1969, in the Borough of Mech.anicsburg, County of Cumber-
land and Commonwealth of Pennsylvania.
Therefore, your petitioner respectfully petitions you to
issue Letters Testamentary to it.
THE FIRST BANK AND TRUST COMPANY
OF ME ICSBURG, PENNSYLVANIA
Trust Of
A.l~C; .,/{6
~ '7-7
~
V
COMMONWEALTH OF PENNSYLVANIA
S5.
COUNTY OF CUMBERLAND
Jesse L. Startzel, Jr., Trust Officer of The First Bank
and Trust Company,of Mechanicsburg, Pennsylvania, being duly sworn
according to law, deposes and says that the statements set forth
in the foregoing Petition are true and correct to the best of his
knowledge, information and
SWorn to and subscribed before
me this 17t/v day of February 1969.
/VGJ' A h a .{ ,jv; }o//I-t!;;/
Notary Public .
1". n '. ",. J '
11IU-j. ~~'--' L..WIQ......i<-.<'4!
o it
::J~/. /G, if73
LAST WILL AND TESTAMENT OF.CLYDE L. SHAULL
I, Clyde L. Shaull, of the Borough of Mechanicsburg, County
of Cumberland, and State of Pennsylvania, being of sound and dis-
posing mind, memory and understanding, do make, publish and declare
this ~y last will and testament, hereby revoking and making void
all former wills by me at any time heretofore made.
1.
I direct the payment of all my just debts and funeral expenses
as soon as conveniently may be after my decease, and the funeral
expenses of my wife, Mary C. Shaull, at her death.
2.
All direct and collateral inheritance or succession taxes,
whether State or Federal, shall be paid out of my residuary estate.
3.
I give and devise all that certain tract of farm land and ap-
purtenances thereunto belonging, situated in Silver Spring Town~
,ship, Cumberland County, Pennsylvania, known as the "Shaull Farm"
and devised to me by my Mother, Mary E. Shaull, in her last will
and testament, together with any additional tracts of farm land
adjacent thereto which I may have purchased from time to time, to
1he First Bank and Trust Company ot: Mechanicsburg, Pennsylvania,
Trustee, in trust nevertheless to pay the net rents and income
therefrom to my sister, Edna M. Shaull, for her sole and separate
use duri~g the term of her natural life. It is my desire that the
person occupying said farm as a tenant farmer at the time of my
. decease, shall be permitted to continue to occupy and operate said
farm so long as he does so profitably. If at any time during the
continued operation of said farm, the said tenant farmer desires
to purchase it, he shall be. permitted to do so at a fair market
price, to be determined solely by the above named Trustee and
1.
t
my attorney, George M. Houck. The decision as to whether the
operation of said farm is profitable at any time shall rest entire-
ly with the above named Trustee and my said attorney. In the event
that it is deoided by them that the operation of said farm is not
profitable, then I hereby authorize, empower and direct the said
Trustee to sell the said farm land and appurtenances either at public
or private sale or sales, and thereby convert the same into money to
.be invested in some safe securities at interest, to be held in trust
'for 'the' same uses and purposes above set forth, except' that the
'said Trustee is hereby authorized to pay in addition to income so
much of the principal as is necessary to maintain and support my
said sister in the manner in which she is accustomed. After the
death of my said sister, I direct that the said farmland and ap-
purtenances, or the proceeds thereof in the event of a sale of the
same, shall be turned over to my Executrix or Executor hereinafter
ntmed and administered as a part of my residuary estate, except,
however, that upon the death of my wife, Mary C. Shaull, the proceeds
of this farm shall be divided equally between my five nieces and
nep'hews, to wit: Forrest S. Brenneman, Vera J. Tinsley, Miriam E.
Brenneman, Mary C. Shaull and Walter H. Shaull.
4.
"
It is my desire that my esta~e in kind be kept intact as long
as it- is feasible to do so, in order that the persons who have been
wor~ing with-me and for me during my lifetime and at the time of my
death will be assured of a continuing livelihood. For this purpose,
I direct that each person who is operating any of my business
enterprises, such as farms, quarries, strip-mining, contracting, etc..
at the time of my death. shall be permitted to continue to operate
"said business enterprises so long as he does so profitably. Also.
if at any time during the continued profitable operation of such
.:business. that person desires to purchase the business and rea].
property incident thereto. he sha]'l be permitted to dO.so at a
2.
.'
-
fair market price, to be determined solely by my Executrix or
Executor and my attorney, George M. Houck. The decision as to
whether the operation of any of said business enterprises is profit-
able at any time shall rest entirely with my said Executrix or
Executor and my attorney, George M. Houck. In the event that it is
decided by them that the operation of anyone of said business
enterprises is not profitable, then I hereby authorize, empower and
direct my said Executrix or Executor, to sell said business enter-
prise and real property incident thereto either at public or private
sale or sales upon such terms and to such persons as she or it may
deem advisable, and thereby convert the same into money.
5.
All the rest, residue and remainder of my estate, real, personal
,and;m1xed, whatsoever and wheresoever situate, I give, devise and
bequeath to my wife, Mary C. Shaull, for her sole and separate use
during the term of her natural life, with full authority in her to
use all of the income therefrom, and to consume and use so much of
the principal as she desires. From and after the death of my wife,
I direct that my said residuary estate be distributed as follows:
A. I give and bequeath to my niece, VeraJ. Tinsley, the sum
of Ten Thousand ($10,000.00) DOllars, to be paid to her in ten (10)
annual installments of One Thousand ($1,000.00) Dollars each, the
first installment to be paid at the end of one year from the date of
,death of my said wife or myself, whichever occurs last.
B. I give and bequeath to my nie'ce, Miriam E. Brenneman, the
sum of Five Thousand ($5,000.00) Dollars, to be paid to her in ten
(10) annual installments of Five Hundred ($500.00) Dollars each, the
first installment to be paid at the end of one year from the date of
death of my said wife or myself, whichever occurs last.
C. I give and bequeath to my nephew, Forrest S. Brenneman,
the sum of Ten Thousand ($10,000.00) Dollars, to be paid to him in
ten (10) annual installments of One Thousand (~1,000.00) Dollars each,
3.
,"
the first installment to be paid at the end of one year from the
date of death of my said wife or myself. ~ichever occurs last.
The annual payments set forth in Paragraphs A. Band C above
shall.be made in the event that there is cash available in the
"?1~~,:
;.A'hands of the Executor for the same. and in no event are principal
. ,,:.r, _
,'~f.;~.,
H::.:aBsets of the estate to be sold or liquidated merely for the pur-
;:i'~~C'
. "?pose of converting the same into cash for making these annual
payments. and if there is not cash available, the payments shall be
'postponed until such time as there is cash money in the hands of .the
l~:Sxecutor to make them.
D. The balance of my said residuary estate shall be dis-
tributed as follows:
(1) I give and bequeath fifteen (15%) per cent. thereof to
the. MechanicsburgMemorial Park with the authority in the governing
Board to use the income and principal thereof for the improvement
of said Park. except, however, that a swimming pool adequate for the
{~~~sidents off the Borough of Mechanicsburg shall be constructed with
so much of said share in my estate as is necessary therefor, if
such a swimming pool has not already been constructed.
.<-2) I give and bequeath fifteen (15%) per cent. thereof to the
.r'St. Paul Reformed church of Mechan.icsburg, Pennsylvania. now located
at the corner of South Frederick and West Locust Streets.
(3) I give and bequeath the balance of seventy (70%) per cent.
of my said residuary estate to a Committee or Board of Trustees
which shall consist of the Cashier of The First Bank and Trust
Company of Mechanicsburg, Pennsylvania, or his successor in office.
> the Superintendent of Schools of the Borough of Mechanicsburg, or
., his successor in office, and Attorney George M. Houck or upon his
death or failure to act as Trustee for any other reason, a person to
be chosen by the other two Trustees. to have and to hold said share
in my residuary estate to the said Trustees and their successors,
4.
- "'in trust, however, to and for the following use s and purposes:-
(a) To hold, invest and re-invest the same in such
legal investments and securities as are recognized by
_the laws of the Commonwealth of Pennsylvania as legal
investments for trust funds and such other investments
as in the judgment of the Trustees are the equivalent
thereof, with authority in said Trustees or their
suooessors to hold any real estate which may form a part
of said share in my estate and also to sell and convey
the same at their discretion.
(b) To use the inoome therefrom to assist worthy
and needy students graduating or who have graduated
from the Mechaniosburg High Sohool in obtaining an
higner eduoation, and in the event the Trustees de-
terminethat the inoome is not suffioient in anyone
year for this- purpose, to use not more-than Five Hundred
($500.00) Dollars of the principal annually for such
purpose. The Trustees shall have sole discretion in
determining the qualifioations of the persons to be
assisted, but shall be guided by these factors, to wit:
the student must be qualified in ability for suoh higher
eduoation, he or she must have need for financial as-
sistanoe from some source other than self or family, and
lastly it is not my purpose to provide full financing of
suoh an education but to assist the efforts put forth by
the student.
6.
I authorize, empower and direct my Exeoutrix or Executor-, here-
inafter named, generally to sell any real estate or personal property
which may at any time form a part of my Estate, either in accordance
5.
with directions and conditions contained in this last will and
testament, or for such prices, upon such terms, in such way and
.' manner, and for such interests and estates .as she or it may deem
;,advisable, and to make good deeds or instruments of assignment
;~;therefOr to the purchaser or purchasers thereof, without any
obligation on the latter to see to or be responsible for the ap-
plication of the purchase money.
7.
And I hereby further authorize and empower my Executrix and
successor, generally, in case she or it shall think fit, to
continue, for the benefit of my estate, for such period or respective
periods as she or it shall think expedient, any business in Which I
ma~ be engaged or interested at the time of my decease, whether alone,
.incorporated, or in partnership with any person or persons, and in
the latter case whether such continuance shall be required by the
te~s of any articles or agreement of partnership which may be sub-
sisting at my decease or not; and to enter into any new arrangement
or agreement. from time to time, with any partner or partners, in
,,'.t:;'i-:
,_'"il,<
relation to any such business, either by way of substitution for any
arrangement or agreement subsisting at my decease, or otherwise,
and to take any partner or partners, or additional partner or partners,
into any such business, and from time to time alter or vary any
arrangement or agreement under which such business may be carried on,
with power to employ. at such a salary as she or it shall think fit,
a manager of said business. and with power to delegate all or any of
the powers vested in her or it in relation to the said business to
any person or persons whom she or it think fit.
8.
I hereby appoint my said wife, Mary C. Shaull, Executrix of
this my last will and testament. and upon her death. The First Bank
and Trust Company of Mechanicsburg, Pennsylvania, as her successor.
6.
"
And in case my said wife shall die in my lifetime, or for some
other reason fail to qualify as Executrix, then I appoint the said
'!he First Bank and Trust Company to be Executor in her place and
stead. I further direct that George M. Houck, Esq., be retained by
my wife and by her successor as attorney to advise and assist in the
settlement of my estate.
In Witness Whereof, I have hereunto set my hand and seal this
twenty-second day of June A.D. 1948.
_~~ ~4~SEALl
Signed, sealed, published and declared by the above-named
Clyde L. Shaull as and for his last will and testament, in our
presence, who, in his presence, at his request, and in the presence
of each other, have hereunto subscribed our names as attesting
witnesses.
~ Q11~
~.J 1\r. 1Y~
7.
'~"...t
CODICIL TO LAST WILL AND TESTAMEN~ OF CLYDE L. SHAULL
I, Clyde L. Shaull, of the Borough of Mechanicsburg, County
of Cumberland and State of Pennsylvania, being of sound and dis-
posing mind, memory and understanding, do make, publish and
declare this codicil to my last will and testament dated June
.i',,;.
jl:.twenty-second 1948, as follows:
'.". Whereas in paragraph 5 of said will I have provided for a
life estate to my wife Mary C. Shaull, for her sole and separate
use during the term of her natural life, with full authority in
her to use all of the income therefrom, and to consume and use so
~ch of .the principal as she desires; I now hereby amend said
paragraph so that my wife, Mary C. Shaull, shall not only have
the authority and the power to consume and use so much of the
principal of my residuary estate as she desires, but that she shall
also have the authority and the power to withdraw so much of the
principal of my residuary estate as she desires, so that any amount
which she should withdraw shall thereafter be her own property and
:.r;?G:;.,;
. '-.~.' '
estate.
In witness whereof, I have hereunto set my hand and seal this
fourth day of September A.D. 1948. /' ~ ~
-4- 7,//24.:// (SEAL)
Signed, sealed, published and declared by the above named
Clyde L. Shaull as and for a codicil t.o his last will and testament,
in our presence, who, in his presence, at his request, and in the
presence of each other, have hereunto subscribed our names as at-
testing witnesses.
~.'~
~ :Q.....L,.. 0 .{7 n-, fr-d -z::t;; -'
COMMONWEALT.HOFPENNSYLVANIA} ss
COUNTY OF CUMBERLAND .
Register's Office
JULY 16TH
19~
I ,MARY C. LEWIS,
Register for the Probate of Wills
and granting Letters of Administration for the County of Cumberland, .in the Commonwealth of Pennsylvania, do hereby
certify the foregoing to be a true and accurate copy of the- LAST WILL AND TESTAMENT AND CODICIL OF
CLYDE L. SHAULL. LATE OF. MECHANICSBURG. CUMBERLAND COUNTY, PENNSYLVANIA,
DECEASED, TOGETHER WITH THE FOLLOWING PAPERS, NAMELY: PETITION FOR
LETTERS TESTAMENTARY D.B.N., SUBSCRIBING WITNESSES TO THE WILL, AFFIDAVIT
OF DEATH, OATH OF SUBSCRIBING WITNESSES TO THE CODICIL, DECREE BY THE
REGISTER ADMITTING THE WILL TO PROBATE. WILL RECORDED IN WILL BOOK #46,
PAGE #7 ETC., AND BEING ESTATE NO. 21-69-1101
as the same remains on file and of record in this office.
In testimony whereof, I have hereunto set my hand
and official seal at Carlisle, the date above.
1Jhn~AUlr~At/~ 1JIr
a ry C. Lis, Register of wi11s.
2
, '
Commonwealth of Pennsylvania, } ss:
County of Cumberland,
I, HAROLD E. SHEELY, President Judge of the Ninth Judicial
District of Pennsylvania, and Presiding Judge of the Courts of
Common Pleas, Orphans' Court, and Court of Quarter Sessions of
the Peace, in and for the County of Cumberland, do certify that
Mary c. Lewis by whom the
annexed record, certificate, and attestation were made and given, and
who in his own proper handwriting has thereunto subscribed his name
and affixed his official seal, was, at the time of so doing, and now is,
Register of the Probate of Wills and Granting Letters of Administra-
tion, in and for the County of Cumberland, duly commissioned and
qualified, to all whose acts, as such, full faith and credit are and ought
to be given, as well in Courts of Judicature as elsewhere, and that the
said record, certificate, and attestation are in form of law and made
by the proper officer.
16th
In Testimony Whereof, I have hereunto set my hand, this
day of July
NIne Hundred and NinetY~~
A. D. in the year of our Lord One Thousand
F ~/~ President Judge
Commonwealth of Pennsylvania, } ss:
County of Cumberland,
I,
Lawrence E. Welker
Prothonotary
of the Court of Common Pleas, in and for the County of
CUmberland, do certify that the Honorable Harold E. Sheely, by
whom the foregoing attestation was made, was, at the time of making
thereof, and still is, President Judge of the Court of Common Pleas,
Orphans' Court, and Court of Quarter Sessions of the Peace, in and
for the County of Cumberland, duly commissioned and qualified, to
all whose acts, as such, full faith and credit are and ought to be given,
as well in Courts of Judicature as elsewhere.
16th
In Witness Whereof, I have hereunto set my hand and affixed the seal of the said court,this
day of
JulY
A. D. One
Thousand Nine Hundred and Ninety-three.
~~, ty~.
&,: ~~tt. Wdtiu-,~.
Prothonotary
REGISTER OF WILLS
Certificate of Grant of Letters
No.
21-69-85
ESTATE OF MARY C. SHAULL
Social Security No.
WHEREAS, on the 13TH day of FEBRUARY, 19 ~ instrument(s) dated
JANUARY 22, 1958 AND JULY 25, 1966
MARY C. SHAULL
w.as (were) admitted to probate as the last will of
late of MECHANICSBURG
t who died on the
7TH
day of FEBRUARY ,19~, and
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I,
JOHN W. McMILLAN. JR.
, Register of Wills
in and for the County of Cumberland, in the Commonwealth of Pennsylvania, hereby certify that I
TESTAMENTARY
have this day granted Letters
W THE FIRST BANK AND TRUST COMPANY OF MECHANICSBURG, PA.
who ha ve
EXECUTOR
duly qualified as
agreed to administer the estate according to law, all of which fully appears of record
, Pennsylvania.
and ha ve
in my Office at
CARLISLE
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office the
13TH
day of
FEBRUARY
, 19~.
/5/ ~). -j/1Jtt.~~ ?fL'
. Register of Wills
No. 21- 69 .
rC.) c:;
Ch.;
PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY
in the Estate of
MARY C. SHAULL
, deceased.
To John W. McMillan. Jr.
of Cumberland, in the Commonwealth
is
Petitioner6s) ~the execut or
, Register of Wills for the County
of Pennsylvania.
named in the Last Will and
Testament of MARY C. SHAULL dated Janllil~ n 1958
PJID Codicil dated July 25. 966.
Decedent was a citizen of the United States and a resident ot.
XXX~Jll
Borough, Cumberland County, Commonwealth
Me ch ani csburq
of Pennsylvania.
Decedent died on
Fridav
the
7th
day of
Februarv
A. D. 19....6.9..-, in the County of
Cumberland
State of
PAnnsy1vani a at the age of 7F. years.
IRux ~ . her
Decedent has not been married and has not had children born to xbt:DmX
since the execution of the above described Will.
Decedent was possessed of personal property to the value of
unestimated and of real estate to the value of
unestimated as near as can be ascertained; said real
estate situated as follows 129 East Main Street. Mechanicsburg, Penna.
. XQ~~~
Therefore, your petitioner(x) respectfully applies for the probate
of the said Last Will and Testament and for Letters Testamentary thereon.
Dated
February 11, 1969 ~.
. Name and address Ir~/ Jp\/~~~
of Petitioner(s) ,l Trust Officex;/
The/First Bank and Trust Company rof
Mechanicsburg, Pa..
COMMONWEALTH OF PENNSYLVANIA l
COUNTY OF CUMBERLAND ~ ss
Jesse L. Startzel, Jr., Trust Officer of The First Bank and Trust
Company tif Me chani csburg , Pa.,
named in above application, being duly sworn according to law
say(s) that the statements set forth in this petition are true to the
best of his knowledge and belief.
and subscribed before /9;4.?r' X? ./~~ J ZT ~.?
t( -Jv
~ m:::v" /J;z....,tt. <7 ~f/- c:::
Sworn
'Filed: February 13. 1969.
-~ ) -c,q -155 .2 /"-~i
Attorney: George M. Houck
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYL V ANIA~
55:
COUNTY OF CUMBERLAND
Before me, the Register for the Probate of Wills and granting of Letters of Administration in and for the
County of C~berllLnd, Qersonally came ...g.~'!?!ii~....k.....S.t.i~u:.t~.e~.....J.~.....Tr.us.t...O.f.fi.car...o.f...The...Fir.s t
~ank and Trust Company of Mechanicsburg, Pa.,
who, being; duly .....~w.Q.g}...........;.. do e~.;..... depose and say that as .';J;'.+':!J.!iit...Q.ft..i.g.f;u:...Qf...T.hJa...f.iJ:~t...B.ank
an~-'r-tust Company of J.VlechanJ.csburg, Pa., Executor
of the last Will and Testament of ...............................M.9h"y....C..___.S.b.a:ull.,................................................. deceased
.................h~.................... will well and truly administer the goods and chattels, rights and credits of said deceased
according to law. And also will diligently comply with the provisions of the law relating to Transfer Inheritances.
...........J?w~u;n....... and subscribed
before me.
;~l~~oP.~YPlJt;t
J{~f~&~~~~~B;;;:;k-;;;:;d
Trust Company of Mechanicsburg, Pa.
If.)
Cl)
O'l :
-d ..0'
1;: 0\
~ .....
&l
0
IJ.. ..-l'
0 w \O!
~:
131 -~
oeei oj
..J tI:, ~ 1""):
tlJi 8 u ..-li
..J ....
01 ~ U.l ;...i
~ ~:
~ :><, \0 tll,
r-- ;:3:
Il::, .5 o.n ~;
~I ,oi
"'0 Q):
QJ ... ~:
"'0
...
0
~
QJ "'0
"'0 bO ~
c:: os
os P-. ~
DECREE
.51 ~
;:l .f:l
~ ~
~
Be it remembered that On the .........~}.!h-........ day of .............E.~.~.I.~.~!..y........................., A. D., 19..~.~., there
was probated and recorded the last Will and Testament of .........___.....~.~.:.!....~.~.___~~:.~.~~.~..................___.................., '
late of ...............~~.~h.~t~~.~~.r.g.___........................................, Cumberland County, Pennsylvania, Dem.sed. Letters
.....l'~.s.U.m.~.n.ta..IY............................... were granted to """'" .Ih.~...f.J.r.?\:..J?~n~....~g.~...~]):~.?.!-....~~.I)!l?.~~Y....~. f
Mechanicsburg, Pa.
Witness my hand and official seal the day and year aforesai~:':~1m }ta,!~~}jlf{j___-
, l}1g1ster.
58'1
V) , C<l "Z "'0 ll./ ...... ll./'
~ ....... ... ...t:: ()
>. ~ ~ C<l .... b.()
0'1: '" ] t.I ll.I "
~ c: ~ ... .E <LI
c: B ~ C<l i
..... ~ .,-i ll./ "'0 "U ....
..... 0 "'0 0
Cl() u c: ll.I ll.I
ll.I ..... c: .~ C<l "'0 ...t:: c:
d .... 0 '-8 d ~ .... ~ .~~
C<l '0: "'0 .... l-l
..0 c:
...t:: en: 0 0- c ;j C<l .r-! :
0 '" ~
... .... ..,: 0.. U; ll.I "'0 Q): ~
<: t:l.. (;i ... t:l.. ~
ll.I ..,: ::l .... ;j ..c: : c., :
ll.I ~ ~: 0.. '"Cl: ~ 5 c: .~
...t:: c: ~~ '" ::l :::: 0
.... Cl() .,-i ll.I 0 N
... 0 .S iii c: ... c: ei ....
0 ~ ::l ~ 8 V)
..... .: .... en: (3 <LI
~: .... ..0
... ... 0.. ....
ll.I 0 ~ ~ ~ <LI ., >.::
.... u "'0 ...t::'
'" '0: ..... M: <U t-l ...t::
'EO '0 c: .:!l .... ~
ll.I Q): M: C<l \.4 "'0 ;;
<LI ...t:: ....... :0 0
p::; ~: ..... ::l; ... Q) c ....
.... C ll.I ::l C<l ~
c: '0: ll.I ~: ..0 ~ 0.. 0() r
M: 8 .c:: 8 .....
..... c C
.r-!: ::l (I): ::l ~ ........ ll.I :.a
"'0. ... ~ ~ ,~
~~ ..... U <U c ( :
c::: Vl '"
C .: ~ C<l
C<l .... ....
....... .... u: 40>- ~ V) ~ ~
... Cl() ~
ll.I <LI
.a c >i .~ "'0
: ~ .... ...; c:::
0 '0: 0 ~: C<l ::l
Cl()
u ~! QJ ~: ...t:: "'0
... ~: .....
~ ~: ..... 0 ~ I-i c:::
::l: 0 ..... <::I
~ ~: QJ Q) ~
U .e- ...t:: '"
.0: ...t:: 0
C : ..... "'0 8
~ Q): ::l : 8 ....; c 0
Q ~: 0 0 .. C<l .... C) -" ----..
u til ....... 8 ~\l
V) ..... <LI 'u l!.I ..;
0 ~j ll.I C J.j V) ...
:'Sl V) t.I 8.- :.a "'0' 0 QJ (Z)
'" ~ ....
U C<l QJ 8 0 c ..... '"
..... ::l: c .0 <LI QJ ..... tr.J
V) C<l U 'S Cl()
V) 0 0: ..... "'0 ..0
'!" ... .... ..... en ... ll.I
V) 0 ~ '" ~
. ::c: <LI Q ~. rl
>. ..... [-t b.()
C<l ~ .r-! .-I
~" "'0 "'0 Cl() C<l .S
t"j .: C '"0 ij ....... ~
c ~; .... c V)
C<l .a 0 0 u~
~ C<l ..... Q.< '"
.. ci .8 '€i ..c: V) ..0 ;
Z ij ..... Q): ~ Cl() Cf.l :.a ::l , :
Vl C C<l '" :
C b1 .a ~ :.e ...
~ M .9 H; ::l ~ 0 "'0 "'0 :
'" ... C
..... .... 0: ..... 0 () ...... ~ :
C<l V) C<l
0 ... t.I C<l lj "'0
~ ..... Q): ...t:: ....... ....; c::: "'0 ~~
V) C,!): .... 0 "! ~
U 'd QJ C<l c
-B QJ '" ::l
~ ~ ~ ld C<l 0
V)
Q 0 u:I a: ~ Cl() o '
.... ...... )" v:,
. -< ID, c::: 0 ~.
~ ....... 0: ....
~ ;.E::: cU ..... 0'1 .... ~ "ri
..... u .....
IIJ: 0 ~ .... M ): ... ~.
'"0 ~ ~ ] " . ...
~: s::l V) $ ... en: . "
a.ri " .
~: -a ~ ..... :. \:,
.....:l t >. N t>.. )4 0 :~"
: ....... .... '"0 ~
P::: ~ <LI ....... ....... -r-! C cu c
....... C<l >it ::l
S J.j ll.I ..c: C<l
p;.:j .SO "'0 ~ . .
M ~ 1Il c. . .
. .
l=Q cU ~ ~ Cl() o.
8 ..... QJ .S d. bil 'Jj
;j ~ ....
~ 0.. QJ ..... '" C C<l
~ ... '"'C1 .a 1O .S ..... t
,.; Cl() C<l" ~ .... .g
..8 .... 0 "'0 J3
~ '"0 ;j ~ ] .....
U QJ ;j 0 C<l 0 0
.a > ..... V) V)
I
':. . -
OATH OF SU.ISCRIBING WITNESS
COMMONWEALTH OF PENNSYLVANIA 1 ss:
COUN1Y OF CUMBERLAND r
This .......................lltb............................................. day of ................Jf.~p.r.~~.~............................... A. D., 19..9..~..,
~fore me .....~Qh~..~.!...M9M!.;J,J~.t....y.r.~.............................................m....;........ Register for the Probate of Wills
and granting letters of Administration in and for said County of Cumberland. in the Commonwealth of. Pennsylvania.
personally came ..................~.QE.g.~..~.:...~9.~.~...........~!?~..... ......~~.!.~E.~.~..~.~...~~.~~.~.!.............:.........................
~.................................................................................-....................-......-..................-.........--...........--...........................-........-....................................................-.........
the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of
............................................~~.~...<::.~...~.~.~~.~.~.L............. .................................... Dated .....~~~.~~EX...?~.!...X~.~.~..
late of :tJl~.J~QrQ1J,gh...Qf..M~.gh.~t9.!!.Q~r.g.L............................................. Cumberland County. Pa., deceased
who being duly ............~!'!Q;-.~......................... according to law. depose and say. that .........~.~.~y...~.~.;:~..................
present, and saw and heard the testa...tr.i.:K....................m. ......MR..ry...~.....,;;.h.~!J..J.l.t.................................................
sign. seal, publish. pronounce and declare the said instrument of writing as and for h~.r............. Testament and
Last Will, and at the time of so doing ..............~.h.~............................................ was .of sound and disposing mind.
memory and uqderstanding. to the best of ........~~.~E.......................................... knowledge. observation and belief.
-...-.7JD--"""JA.-...... ond ~ beE""
--"1l..;&..J1~JJl.Jl/ B<~~,
-.~8:Jfu,~2L,t_._..........
..}0.&~...1v.....)y~......................
....-.....................-.......-.--........--.......-.-.....--...-.-.......................-..-....--...............
AFFIDAVIT OF DEATH
COMMONWEALTH OF PENNSYLVANIA)
C~UN1Y OF CUMBERLAND t ss:
.o!.~~!l.~.J;,.~....~..ft~~~~l-./....~.;:c.I....Tr.Y.a~..Qf.fj..Q~r...o.f...The...F.i.z:s.t...B.ank and mrus t bel'ng duly
....ompany 0 1"lt:lcuanJ.csuurg, Pa. ... ....... . ...... .
...................~~9.;:D................... says that as nearly as can be ascertained the said decedent ...Maxy",C9...Sha.ul.l.r..
...............................................................................................m................................................................................. died on
.~~~~~y..................... the .............1.~................. day of ............J1:eJ;U;.1JArY...................................... A. D.. 19..6.51..
at or about .............~.t*,?......................... o.dock,~... M.
...............m....J~~g.m...................... and subscribed this
.....m.....~~.J.,...~.~!:~....................... day of ~~.~E~.~E.Y.....
:f1J1iit~}}jJiI-
.,,~->!?,/z.fe.~.LdL.6~,~:?-
/ / )'7r /?!t'.:77 4""~;:;;/;z<-.JI'- cO'. s;I'.~
:/ /J17-c4"'AilU~'l, ~
583
t- _
CODICIL TO LAST WILL AND TESTAMENT OF MARY C. SHAULL
Page 1.
580
this
r1h
~ ') day of July A. D. 1966.
'In..,,} ,e, ~..e.l. (SEAL I
Signed, sealed, published and declared by the above-named
MaryC. Shaull as and for a Codicil to her Last Will and Testament
dated January 22nd 1958, in the presence of us who have hereunto
subscribed our names at her request as witnesses thereto, in the
presence of the said testatrix and of each other.
.~.
Page 2,
5b1
'.
'.'_::
LAST WILL AND TESTAMENT OF MARY C. SHAULL
Ij Mar,y C. Shaull~ of the Borough of MechanIcsburg~ County
of Cumberland and State of Pennsylvania, being of sound apd dis-
posing mind, memory and understanding, do make, publ1sh and de-
clare this my last wi 11 and testament, hereby revoking and making.
void all former wills by me at any time heretofore made.
1.
I direct the payment of all my just debts as soon as con-
veniently may be after my decease.
2.
All direct and collateral inherItance or succession taxes
whether State or Federal, shall be paid out of my resIduary
estate.
3.
; ,',::::::r
"".'."
<i1 ::"'Tlie following bequests are to be given to the persons named,
If the same shall be living at the time of my death~ and in the
event of the death of anyone of them~ the bequest made to that
.,
person shall lapse and become a part of my resIduary estate.
a. To my brother William A. Fink~ I give and
~equeath the sum of Three Thousand ($3,000.00) Dollars.
b. To my friend Jessie Keller, I give and be-
queath the sum of Three Thousand ($3,000.00) Dollars.
c. To my friend Doris E. Houck~ I gIve and be-
queath my Princess ring.
d. To the Humane Society of Harrisburg~ Pennsyl-
~.i~f..'f"vanla, I give and bequeath the sum of Five Hundred
($500.00) Dollars.
Page 1.
576
"
4.
I give and bequeath to Dr. George M. Markley my large chime
grandfather's clock.
5.
During my lifetime, I took an assignment of a mortgage and
bond in the sum of Ten Thousand ($10,000.00) Dollars from the
,-~,t:',
g#~ate of Clyde L. Shaull, deceased, being the mortgage and bond
.i.':...~
bond in the sum of Thirty Thousand ($30,000.00) Dollars from
",,':\fi. ;." ' ~_.
H;~W. Shaull and Son, Inc., being the chattel mortgage and bond
.;::
.ot Forrest S. Brenneman covering equipment and machines used at
said quarry property. I hereby direct that any amounts due on
,t;,:
S~J.d'. mortgages and bonds at the time of my death be cance lIed by
mY-executor so that the said Forres t S. Brenneman sha 11 be
r~lieved of further obligation to pay the
same.
I further direct
,.j;:
~;'executor to enter proper satisfactions on the records in the
:"''"'.
'~9'i1rtHouse at Carlisle, Pennsylvania. Any State inl1eritance or
:;.,~,;-, ,
F~cferal estate tax which might be due and payable on account of
. -. ~ i:,? ,.'
;", - -~
~~~,.cancellation of these indebtednesses shall be paid out of my
; '~':- ,,~ti~k',~{:,,;,/!
';r.~s~duElry es ta te.
;'-'~7
6. .
All the rest, residue and remainder of my estate shall be
distributed as follows:
(a) I give and bequeath fifteen (15%) per cent.
thereof to the Mechanicsburg Memorial Park with the
authority in the governing board to use the income and
principal thereof for the improvement of said Park.
(b) I give and bequeath fifteen (15%) per cent.
thereof to St. Paul's Evangelical and Reformed Church,
577
Page 2.
Mechanicsburg, Pennsylvania, now located at the corner
of South Frederick and West Locust Streets.
(c) I give and bequeath the balance of seventy
(70%) per cent. of my said residuary estate to a Com-
mittee or Board of Trustees which shall consist of the
Cashier of The First Bank and Trust Company of Mechanlcs-
burg, Pennsylvania, or his successor in office, the
Superintendent of Schools of the Borough of Mechanicsburg,
or his successor in office, and Attorney George M. Houck,
or upon his death or failure to act as Trustee for any
other reason, a person to be chosen by the other two
Trustees, to have and to hold said share in my residuary
estate to the said Trustees and their successors, in
trust, however, to and for the following uses and purposes:
(1) To hold, invest and reinvest the same
in such legal investments and securities as are
recognized by the laws of the Commonwealth of
Pennsylvania as legal investments for trust funds
and such other investments as in the Judgment of
the Trustees are the equivalent thereof.
(2) To use the income therefrom to assist
worthy and needy students .gradua ting or who have
graduated from the Mechanicsburg High School, in
obtaining an higher education, and in the event
the Trustees determine that the income is not
sufficient in anyone year for this purpose, to
use not more than Five Hundred ($500.00) Dollars
of the principal annually for such purpose. The
Trustees shall have sole discretion in determin-
ing the qualifications of the person to be
578
Pa ge 3.
assisted, but shall be guided by these factors,
to wit: The student must be qualified in ability
for such higher education, he or she must have
need for financial assistance from some source
other than self or family, and lastly, it is not
my purpose to provide full financing of such an
education but to assist the efforts put forth by
the student.
7.
And lastly, I nominate, constitute and appoint The First Bank
ang/l'rust Company of Mechanicsburg, Pennsylvania, as Executor of this
,'"i,.r., .
<my~,lastwill and testament. I further direct that George M. Houck,
be retained by said Executor to advise and assist in the
WITNESS WHEREOF, I have hereunto set my hand and seal this
of January A.D. 1958.
~JI ~.~
(j
(SEAL)
. " Signed, sealed, published and de'clared by the above named
~;~y C. Shaull as and for her last wi 11 and testament, in the
p~~~.nce of us who have hereunto subscribed our names as witnesses
t~~~.to, ln the pr....c. or the .eld ~t..ttrlX e.d or .ech other.
L __. ~ /.,L&~
.~,"
. , 7IA:. J .A .A , ~. 7Y: 7V A :t:I;..J
579
Page 4.
COMMONWEALTHOFPENNS.YLVANIA} 55
COUNTY OF CUMBERLAND .
Register's Office
JULY 16TH
19~
I. MARY C. LEWIS.
Register for the Probate of Wills
and granting .Letters of Administration for the County of Cumberland, .in the Commonwealth of Pennsylvania, do hereby
certify the foregoing to be a true and accurate copy oftbe LAST WILL AND TESTAMENT AND CODICIL OF
MARY C. SHAULL, LATE OF, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA,
DECEASED. TOGETHER WITH THE FOLLOWING PAPERS. NAMELY: OATH OF SUB-
SCRIBING WITNESSES TO THE WILL, AFFIDAVIT OF DEATH, OATH OF SUB-SCRIBING
WITNESSES TO THE CODICIL, OATH OF PERSONAL REPRESENTATIVE, DECREE BY THE
REGISTER ADMITTING THE WILL TO PROBATE. PETITION FOR PROBATE OF WILL AND
LETTERS TESTAMENTARY. WILL RECORDED IN WILL BOOK #61, PAGE #576 ETC.,
AND BEING ESTATE NO. 21-69-851
as the same remains on file and of record in this office.
In testimony whereof, I have hereunto set my hand
and official seal at Carlisle, the date above.
0h/J1(!~//~~1t:At ~~*.
Mary C. L is, RegIster of ills.
---~ - -- - -~--- -~----" ".".,"
3
0".,'-_,--:_",""'",\' ~;,......,...~~- ;-.-:',__ ~,~.-,~" _
Phone Contact: John Louden
Phone Number: (202)964-4508
[Q)@[g)@[?1S0UD@~ @'If 1S[}u@ U[?@@@M[?~
fj)
Internal Revenue Service
CY~\0c!l@0i:J~rru@{\@ou~ LQ)@ ~@~~cD
Date: i In reply reter to:
JUL 21'975 I E:EO:T:R:2-6
k""
Clyde L & Mary C. Shaull
Educational Trust
c/o George M. Houck
National Bank Building
Mechanicsburg, Pennsylvania 17055
DO 23
EIN 23-7101845
Gentlemen:
Based on the information supplied, and assuming your
operations will be as stated in your application for re-
cognition of exemption, we have determined you are exempt
from Federal income tax under section 50l(c)(3) of the
Internal Revenue Code, effective May 7, 1975.
Also, based on the information pres.ented, we have
determined that you are a private foundation within the
meaning of section 509 of the Code.
However, we have also determined that you are not
an operating foundation with.in the meaning of section
4942 of the Code. Section 53.4942(b)-1(b)(2) of the
Foundation Excise Tax Regulations states that if a
foundation does no more than select, screen, and in-
vestigate applicants for grants or scholarships, pur-
suant to which the recipients perform their work or
studies alone or exclusively under the direction of
some other organization, such grants or scholarships
will not be treated as qualifying distributions made
directly for the active conduct of the foundation's
exempt activities, as required by section 53.4942(b)-1(a)
of the Regulations.
Based on the information submitted and assuming
your scholarship program will be conducted as proposed
with a view to providing objectivity and nondiscrimination
in the awarding of grants, we rule that your procedures
in the awarding of scholarship grants com~ly with the
requirements contained in section 4945(g)(1) of the
Internal Revenue Code of 1954 and that schOhrships granted
in accordance with such procedures will not constitute
"taxable expenditures" within the meaning of section
4945(d)(3) of the Code. In addition, we rule that grants
made under your procedures are excludable from the gross
income of recipients under section 117 of the Code.
-2-
Clyde L & Mary C. Shaull
Educational Trust
This ruling is based on the understanding that there
will be no material changes in the facts upon which it is
based and that no grants or loans will be awarded to re-
latives of trustees, members of the selection connnittee
or for a purpose that is inconsistent with the purposes
described in section l70(c)(2)(B) of the Code.
Donors may deduct contributions to you as provided in
section 170 of the Code. Bequests, legacies, devises,
transfers, or gifts to you or Dr your use are deductible
for Federal estate and gift tax purpose if they meet the
applicable provisions of sections 2055, 2106, and 2522 of
the Code.
You are not liable for social security (FICA) taxes
unless you file a waiver of exemption certificate as pro-
vided in the Federal Insurance Contributions Act. You
are not liable for the taxes imposed under the Federal
UnemploYment Tax Act (FUTA).
If your purposes, character, or method of operation is
changed, you must let your key District Director know so he
can consider the change on your exempt status. Also, you
must inform him of all changes in your name or address.
Since you are a private foundation, you are required
to file Form 990-PF, Return of-Private Foundation Exempt
From Income Tax. In addition, you are also required to file
Form 990-Ar, Annual Report of Private Foundation, if you
had at least $5,000 of assets at any time during a taxable
year. In certain circumstances, the law imposes financial
penalties for failure to file the return on time.
You are not required to file Federal income tax returns
unless you are subject to the taxm unrelated business income
under section 511 of the Code. If you are subject to this
tax, you must file an income tax return on Form 990-T. In
this letter we are not determining whether any of your present
or proposed activities are unrelated trade or business as
defined in section 513 of the Code.
-3-
Clyde L & Mary C. Shaull
Educational Trust
You have the right to protest this ruling if you believe
that any part of it is incorrect. To protest, you should
submit a statement of your views with a full explanation of
your reasoning. This statement, signed by one of your
principal officers, must be submitted in duplicate 21 days
from the date of this letter. You also have a right to a
conference in this office after your statement is submitted.
You must request the conference if you want one, when you
file your protest statement. If you are to be represented
by someone who is not one of your principal officers, he
must file a proper power of attorney and otherwise qualify
under the Conference and Practice Requirements.
If we do not hear from you within 21 days, this ruling
will become final, and copies of it will be forwarded to the
District Director, Philadelphia, Pennsylvania.
Sincerely yours,
121 ' ~1'1
Milton Cerny c.,Jl,"r
Chief, Rulings Section 2
Exempt Organizations Technical
Branch
Attachments: Copy of Rev. Proc. 73-29 C.B. 1973-2, 483
4
I()
g 0
~ er. :3
~- ~ 5
~ f
~ ti !2
~ ~ ~
~ u
c '$.
...
~
~ I
~ ~
~ ~
~ ~
I ~
~~
u
"" s
~ ~
~ ~
~ 5
~ 8
~ fS
on 0
~ ~
~ ..;
~
~ ~
V'i vi
;; ~
:::-
8
o
~
~-
.,.,
...,
~
.,.,-
...,
J j
I I
i i
~ ~
S S
~ ~
~ ~ .~ ~
~ j!:i j!:i
~ ~ ~ ~ ~
~
B E--.
~ ~ ~ -
I~ 31~ -
I I
Cl
'J
';1. 'i-
~ ...
vi lIS
':Ie. ~
~ ~
. on
~ 'i-
~ i
...
';1. ';1.
'0 ...,
00 g
~ ~
vi wi
~ ~
3 5
~
8
o
~
o
~
-
;;
:!i
-
-
-
-
~ !l
~ ~
a.
.,.,
N
-
-
-
-
l:!: ~
~ .-I
..., ~
:wJ
01.
ClO
N
';1.
.,.,
o
~
o
'#. '#.
..., ...,
o 0
';1.
lll!
-
'$. '$. '$.
'0 ... r--
000
~
-
';1.
lll!
-
~ ~
r.; ~
o 0
'$.
.,.,
..;
'$. ';1. '$.
t"i 00 f4"'!
- 0 _
'$.
~
-
';1.
"1
-
'$. ';1.
<'l ~
- 0
'$.
~
~ ~ ~
000
:wJ
.,.,
&l
.,.,
N
r--
s
N 0 0
~
-
-
-
~
M
5!:
-
~ ~
o 0
<588
000
~
00
N
~ :t (2
~ ~ ~
.,.,
ClO
o
!:l
~
5!:
~
r--
ClO
gi
:t
~
tt
R
~.
~
~ a a
- ClO <'1
~'N'~
~
g
~.
N
r--
~.
.,.,
~
~
~
r--
...,
:.
- - 01
ClO 01 ...,
- r-- ~
~. N" ~"
...,
j::
~
~
'0'
~
;:(
~
N"
l;l!2 !2
~ ~ ~ ~ ~ ~~
8, ~ ~ ~ 2: ~~
<n ~ !2 ~ ~ ~ ~ ~ ~ ~
~~ S ~~~ ~ ~~~~~iZ
~> is ~<no 8 ~<n~8~tl
~~ ~~~:e ~~ ~~ ~N!2!: ~ <n ~
~ ~ ~il) <n ~ ~ ~ ~ ~ <n ~ ~ < ~ ~ ~ ~
~~ ~i I~ ~~ ~~ I~ ~I ~ ~ ~~
~
~
~
~ ~ ~ ~
~ u ~ ~ ::l
.~ ~ uti:.
E-:; Eo< 0 C
~ S t ~
~
...,
~
.,.,
N
.,.,
~
~
~
~
:g
<n
~.
...
N
o
...,
~
o
~
~ ~ ~
~ ~ ~
~ ~ ~
~
w
:2
U;.I
'"
0(
~
:2
U~
7:<(
~UJ
~~
1
Ii
!"1
f~
it
11
U
n N
lif 'l;
UJ
Hi l
(I
!jf
1;[
'11)
JJ
I~~
.U
l~t
I' .
tp
HI
r-..
g
......
~
K
I
.......
c;;:)
c;;:)
K
~
K
~
IQ
~ ~
t'.l ! !;l
~~ ~ 5
ts 2
oC)
~
~ ! ~
c ~
'"
~
~
~ ~
~ ~
~ ~
~ ~
~ ~
a~
'"
i ~
~ ~
~ 5
~ 8
I I
Q
s
~
I~
~
~
o
'iI.
GO
o
~
!5
o
o
~
o
~
~
00
"\
N
&l
"\
N
~
~
~ ~
v.J VI
~ ...
~ ~
~
~
::!:
-
';1.
~
';1.
GO
vi
~
~
...;
';1.
"1
-
~
o
';1.
"'!
-
~
~
....
VI
M
o
l:!
-
~
a;
M
....
o
~
~.
~
~
VI
VI.
M
!.
~
VI
.,;
M
~
i ~
h~n
It/$~ ~< ~<
~~ ~~ ~~
8~ ~~ ~~
~ i
~
~
8
~
N
GO
GO
\D
';1.
"1
-
';1. ~
\D ~
.. ~
~
...;
~ ~
a; ~
~
~
-
~ ~
o 0
::2
-
~ ~
~
o
~ s
o 0
VI
o
vi
N
~ ;;;
~ gj
~
~~
~ VI
N
o
:;:.
~ :a
M ....
cJ' roo:
M \D
!Q ~
~
v.J
~ ~
I ~
a ~
!:: ~ ~
~ ~...
v.J !-< ~
~ ~
S ~
N.
';1.
::
-
~ ~
~ Ii!
~
~
r::i
~ ~
~ g
...
~
~
....
':t. ~
~ N
- ..;
~
~
~. !
~
N
:;
~
i
o.
o
....
~. ~
~ t
N N
VI
N
....
~.
s !;
! ~
~
~
:::
';1.
M
~
~
..
~
N
:;
o
:;:
:::
::s
VI
~.
~
.....
\D
'iI.
~
~
~
~
'iI.
M
..
~
M
VI.
~
o
~
a;
~
E
~
....
a
$2 to
S i 0
n~ ~
~~ ~~ ~I
~~ ~~ ~~
~8 ~~ ~~
~~ ~~ ~~
!-<
rIl _
S ~
!!l !;
~ s
~
~ ~
~ ~ ~ ~
~ fI) ~ ~
~ ~~ ~~.
~ S i ~
~
rIl
M
....
'"
><
~
M
;~
~
~
:d
~ ~
~ ~
';1.
....
~
~ ~
~ g
...
';1.
GO
..
~ ~
.. :;
i
~.
~ ~ ~
~;.;;:l =
....
~
o
~
a;
~
~.
~ , i
N N ..
....
o.
.~
~ ~ i
~ ~ i
~
~
~ fI) ~
~ ~ ~
c 0 S
Q:l =
~ ~ ~
~ S ~
~
~
~
=
g
...
~
.
OIl
...
i
<
~
j
.~
*
~
:.L:i
~
ll.'
~
~
~
u:::
z~
P-s
I
II
!I
f~
.1 I
,.
11
!l
t
n N
B.f 'a
ifl ;
!Ii ~
!if
lil
I!J
ill
t!~
.U
}II
.' .
tit
Hi
~
~
....
~
K.
I
.....
<:;:)
<:;:)
K
t'.l
K
t'.l
~
5
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
INRE:
SHAULL TRUST
NOS. 21-69-0085
21-69-0110
. CONSENT
The undersigned, deposes and says, that he/she has reviewed the petition in the capacity
as a Trustee of the Shaull Trust and I consent to the trust reformation in its capacity as charitable
beneficiary of the Trust.
~~~
Charles E. Shields, III, Co-Trustee
- :~-----~--
6
"
IN mE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
INRE:
SHAULL TRUST
NOS. 21-69-0085
21-69-0110
CONSENT
The undersigned, deposes and says, that he/she has reviewed the petition in the capacity
as a Trustee of the Shaull Trust and I consent to the trust reformation in its capacity as charitable
beneficiary of the Trust.
~
7
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
INRE:
SHAULL TRUST
NOS. 21-69-0085
21-69-0110
CONSENT
The undersigned, deposes and says, that he/she has reviewed the petition in the capacity
as a Trustee of the Shaull Trust and I consent to the trust reformation in its capacity as charitable
beneficiary of the Trust.
Q!~PhJ
c7 .
~I
8
~
CONSENT
The undersigned, deposes and says, that it has reviewed the petition in the capacity as a
Trustee of the Shaull Trust and consents to the trust reformation in its capacity as charitable
beneficiary of the Trust.
PNCBANK
By: ~Q~Q ~ ~
Name: ~eA cs.fr\.~
Title: A~\~-rAr0T U\(..,CC- ?.ef..\\OENT
I'y--
IlAY J S 2lIII tt'{
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
INRE:
SHAULL TRUST
NOS. 21-69-0085
21-69-0110
ORDER
tl
AND NOW, this ~ day of
, 2007, upon consideration of the
M71
Petition to Reform Trusts Under Will of Clyde L. Shaull and Mary C. Shaull, the Trust is
amended by adding the following language:
(a) By adding the following language to comply with the private
foundation rules:
?">--)
The Trustee shall distribute so much of the net
income and principal for each taxable year at such time and
in such manner as not to become subject to the tax on
undistributed income required by Section 4942 of the
Internal Revenue Code, as amended.
o
,. -Tl
f')
V"
....-,
Trustee shall not engage in any act of self-dealing
as defined in Section 4941 (d) of the Internal Revenue Code
of 1986, or corresponding provisions of any subsequent
Federal tax law; nor retain any excess business holdings as
defined in Section 4943(c) of the Internal Revenue Code of
1986, or corresponding provisions of any subsequent
Federal tax law; nor make any investments in such manner
as to incur tax liability under Section 4944 of the Internal
Revenue Code of 1986, or corresponding provisions of any
subsequent Federal tax law; nor make any taxable
expenditures as defined in Section 4945(d) of the Internal
Revenue Code of 1986, or corresponding provisions of any
subsequent Federal tax law.
" -.-".
~-:4
r:.;'
C>
C.J\
(b) By adding the following language to permit distributions to the
Mechanicsburg Area High School Alumni Association Scholarship
Fund:
Trustees are authorized to make distributions in the
form of contributions to the Mechanicsburg Area High
School Alumni Association Scholarship Fund in any year
in which distributions to scholarship recipients are
inadequate to satisfy and comply with the minimum
distribution requirements of the Internal Revenue Code, as
amended. The distribution amount is limited to the
minimum amount necessary to comply with the IRS
minimum distribution requirements for a private foundation
(c) By adding the following language permitting the Trustees
to make future amendment:
This Agreement of Trust may be amended by
written instrument or instruments signed and sealed by
Trustee, and acknowledged by Trustee, provided that no
amendment shall disqualify this Trust as an exempt
organization under Sections 501(c)(3), 2005(a)(2), and
2522(a)(2) of the Internal Revenue Code of 1986, and no
amendment shall authorize Trustee to conduct the affairs of
this Trust in any manner or for any purpose contrary to the
provisions of Sections 501(c)(3), 2055(a)(2), and
2522(a)(2) of the Internal Revenue Code of 1986 as now in
force or afterwards amended. Any amendment of the
provisions of this Agreement (or any amendment to it) shall
be valid only if and to the extent that such amendment
further restricts Trustees' amending power and is
undertaken for the sole purpose of continued compliance
with the rules of the Internal Revenue Code applicable to
the trust. All instruments amending this Agreement of
Trust shall be noted upon or kept attached to the executed
original of this Agreement of Trust held by Trustee.
BY THE COURT:
456332vl
J.
Order Distribution List:
Office of Attorney General
Charitable Trusts and Organizations Section
14th Floor
Strawberry Square
Harrisburg, P A 17120
Vicky Ann Trimmer, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, P A 17110
In Re: SHAULL TRUST
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-69-0085 & 21-69-0110
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 05-25-07
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 05-25-07
IN RE: ORDER
,..""""""""""""""""""""""""""""",......................".........."........,..........,....""....,....,......,".."..,..".."....,
SERVICE TO:
OFFICE OF ATTORNEY GENERAL
VICKY ANN TRIMMER ESQ
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
[gI USPS
DRRR
D HAND DELIVERED
DOTHER_
[gI PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED: 05-29-07
""....",...."...."..........,..............""...."""....,.................."""...."............"......"..................,......,....,.."""""",..""",.."",....
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
D USPS
DRRR
D HAND DELIVERED
D OTHER_
D PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED:
~.J-
C ee~~~f Orphans' Court
~ ,
c
-0
:-' :D
;~.t
IG
':~~~~
U) ;:'0:
i"'o_'"
~-~
=
-..l
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
L
,-
'--
4'-
N
TOM CORBETT
ATTORNEY GENERAL
ore........ .__
- ~-2 ~~
L"
-n
:::-~
j--
W
(J1
\..0
June 11, 2007
Vicky Ann Trimmer, Esquire
METTE, EVANS & WOODSIDE
Attorneys At Law
3401 North Front Street
P.O Box 5950
Harrisburg, P A 17110-0950
RE: CLYDE L. & MARY C. SHAULL EDUCATION TRUST
No.: 21-69-0085 & No.: 21-69-0110
R WILL
Dear Ms. Trimmer:
This will acknowledge receipt of your letter dated May 21, 2007, inc1udin the Petition to
Reform the Trust Under Will of Clyde L. and Mary C. Shaull, regarding the above .captioned
matter. I have reviewed the Petition and provided that the Trustee's power to ame d the Petition
is utilized solely for complying with the Internal Revenue Code regarding the ch table nature
of the Trust, we have no objection. We do object to any amendment by the Truste which
impacts the charitable purpose of the Trust and the Settlors' charitable intention; y such
amendment by the Trustee must be done with appropriate notice to our Office and under Court
order.
Because the Court has already issued an Order in this matter dated May 25 2007, we are
filing a copy of this letter with the Register of Wills for Cumberland County and p oviding a
courtesy copy of this letter to the Court.
,f
- ..
Clyde L. & Mary C. Shaull Education TruSt .
June II, 2007
Page 2 of2
Please be advised that the above review is conducted pursuant to the paren patrfae role
of this Office and has no bearing on any matter unrelated to that function and has. . bearing on
any other matter unrelated to the Petition referenced above.
Very truly yoUrs,
oe Book Coles
puty Attorney General
JBCllss
Cc: Cumberland County Register of Wills' V
Honorable Judge J. Wesley Oler, Jr.