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HomeMy WebLinkAbout01-28-08 CHARLES E. SHIELDS, III ATTORNEY-AT-LAW 6 CLOUSER ROAD Corner ofTrindle and Clouser Roads MECHANICSBURG, PA 17055 GEORGE M. HOUCK (1912-1991) TELEPHONE (717) 766-0209 FAX (717) 795-7473 January 23, 2008 Honorable 1. Wesley Oler, Judge Cumberland County Courthouse Carlisle, P A 17013 Via Hand Delivery Dear Judge Oler: Please find enclosed herewith the PETITION FOR PERMISSION TO NOT FUND A TEST AMENT ARY TRUST AND TO MAKE DELIVERY OF ASSETS TO THE PRIMARY OBJECT OF TESTATRIX'S BOUNTY. The Petitioner, Janet Shively, is the daughter of Lois Bower, deceased. Mr. Houck was the scrivener of Ms. Bower's Will. The estate plan was set up to provide immediate funding to Ms. Shively and to also provide for a reserve of funds for her to be administered by a professional Trustee. Unfortunately, Ms. Bower's stockbroker, without the aid of counselor knowledge of the estate plan made a series of recommendations which totally disrupted the estate plan. Although he no doubt meant well the result has created a series of unnecessary problems. The Petition attached helps to rectify these problems. All parties affected by the Prayer of the Petition have joined in the Petition. Therefore, we have requested that no hearing be held in order to avoid the expense thereof. Thank you. Very truly yours, 1katu1f~92 Charles E. Shields III Attorney-At-Law r....., = g; '- :t> ~ ~ ..T~7 ~~~.2 ~Cj "............. N co -0 :J;:: ~ w '" CES/mjj Enclosures Q{ [) IN RE: ESTATE OF LOIS M. BOWER, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEAL TH OF PENNSYL VANIA AND IN RE: TRUST UNDER THE LAST WILL AND TESTAMENT OF LOIS M. BOWER, DECEASED, FOR THE BENEFIT OF JANET L. SHIVELY ORPHANS' COURT DIVISION No. 21 - 06 - 850 ORDER AND NOW, this day of , 2008, after consideration of the PETITION FOR PERMISSION TO NOT FUND A TESTAMENTARY TRUST AND TO MAKE DELIVERY OF ASSETS TO THE PRIMARY OBJECT OF TESTATRIX'S BOUNTY, it is hereby ordered and decreed as follows: (a) The Testamentary Trust under the Last Will and Testament of Lois M. Bower for the benefit of Janet L. Shively as life income beneficiary, with a power in Trustee to consume principal in her favor, and with a remainder over to Lucinda M. Peiffer and Barton W. Shively need not be established nor funded. (b) Executrix, Janet L. Shively, may and shall pay over to herself the entire net residue of the Estate outright, absolutely and free of Trust. (c) PNC BANK, National Association, Trustee named in the Last Will shall have no obligation to act thereunder whatsoever and is hereby formally relieved and acquitted of any arguable duties or responsibilities to act in this matter whatsoever. (d) In view of the nature and contents of the Petition and the affinity of the parties thereto, no hearing on this Petition is deemed necessary by the Court. BY THE COURT: J. IN RE: ESTATE OF LOIS M. BOWER, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA AND IN RE: TRUST UNDER THE LAST WILL AND TESTAMENT OF LOIS M. BOWER, DECEASED, FOR THE BENEFIT OF JANET L. SHIVELY ORPHANS' COURT DIVISION No. 21 - 06 - 850 o t"'.....J ('~:...,: (...;::,.) C~~ >- ( ... (.-) '-'I t'-.) c.) PETITION FOR PERMISSION TO NOT FUND A TESTAMENTARY TRUST AND TO MAKE DELIVERY OF ASSETS TO THE PRIMARY OBJECT OF TESTATRIX'S BOUNTY , .,......... -:J (-J'-~ ---i r .) c.) N ..~ .,.-... ..... ' -~ '-. ..) .. 'f ~ AND NOW COMES THE PETITIONER: Janet L. Shively, by and through her attorney-at-law, Charles E. Shields III, Esq., a member of the Cumberland County and Pennsylvania Bars, maintaining his office at 6 Clouser Road, Mechanicsburg (Monroe Township), Cumberland County, Pennsylvania 17055, and respectfully prays for and requests from your HONORABLE COURT a DECREE permitting Petitioner, as Executrix of the Last Will and Testament of her late mother, Lois M. Bower, to not fund a Testamentary Trust provided for under the Last Will and Testament of her said late mother, but rather to make a delivery of the net Estate assets that would have been delivered to the Trustee of the said Testamentary Trust to the said Janet L. Shively, instead, in her individual capacity as residuary beneficiary, she being the primary object of Testatrix's bounty. RE: HONORABLE COURT There has been no previous filing or petition presented to any Judge in this matter. PETITIONER 1. Petitioner, Janet L. Shively, single woman, is an adult individual of full capacity who currently resides at 335 Wesley Drive, Apartment 103, Bethany Towers, Mechanicsburg (Lower Allen Township), Cumberland County, Pennsylvania. 2. Petitioner's late mother, Lois M. Bower, executed a Last Will and Testament dated January 21, 1983, prepared by the late George M. Houck, Esq., a notable and highly respected member of the Cumberland County Bar. The Will, inter alia, provided for bequests to charities and a division of the net residue into two (2) equal shares. One (1) share was to go to Petitioner directly and absolutely. The other share was to go to The First Bank and Trust Company, Trustee, in Trust, for the benefit of Petitioner. The powers of Trustee included a right to invade corpus for the benefit of Petitioner. PNC Bank, National Association is the successor by merger 1 ~ to The First Bank and Trust Company. Lois M. Bower, without benefit of counsel, made significant changes in the nature of the ownership of certain of her assets which has resulted in transfers and dispositions other than under the control of her Executrix and other than according to the commands set forth in her Last Will. The result is a probate Estate significantly smaller than originally planned and envisioned. The amount left to fund said Trust will be so small as to make the administration of the Trust considerably less than economically justifiable under present circumstances. JURISDICTION 3. Jurisdiction resides in your Honorable Court by virtue of several sections of Title 20, generally referred to as the "Probate, Estates, and Fiduciaries Code" or more simply the "PEF Code," as follows, to wit: Section 711 (1) and (2) regarding decedent's estates and testamentary trusts, the administration and distribution of property within such estates and testamentary trusts; Section 711 (12) regarding the control of fiduciaries, including trustees; Your Honorable Court also jurisdiction by virtue of its powers of supervision over trustees as relates to their several duties and powers regarding the possession and administration, as well as distribution, of property in such trusts as is more fully set forth in Sections 7131 and 7133 of the said PEF Code. Additionally, jurisdiction resides in your Honorable Court under Sections 7701, 7703 ("Trust Instrument" and "Trustee"), 7712, and 7740 regarding the modification and termination of Trusts. Jurisdiction also resides in your Honorable Court by virtue of the inherent equitable powers of the Orphans' Court. VENUE 4. Venue lies in Cumberland County, Pennsylvania as the situs of the Trust herein involved and as the county of residence of the decedent herein, as per the PEF Code, Sections 722, 724 (a), 7708(b)(1) and 7714. BACKGOUND FACTS RE: LAST WILL AND TESTAMENT AND THE TESTAMENTARY TRUST THEREUNDER. 5. Lois M. Bower, a resident of Bethany Village, Mechanicsburg (Lower Allen Township), Cumberland County, Pennsylvania, departed this earthly life as an unremarried widow on 2 September 14,2006, testate. (A true and correct copy of her Last Will and Testament is attached hereto as Exhibit "A.) 6. Lois M. Bower's Last Will and Testament, dated January 21, 1983 had been prepared and witnessed by George M. Houck, Esq., a notable and highly respected member of the Cumberland County Bar. 7. The Last Will and Testament was duly admitted to probate by the Register of Wills in and for Cumberland County on January 27, 2006. 8. Codicils to the Last Will and Testament dated May 27, 2000 and February 7,2004 were also duly admitted to probate on the same date as abovementioned. However, the two (2) codicils have no relevance to this Petition. 9. Decedent's estate plan and Last Will and Testament had been based upon a then fully appropriate assumption that sufficient assets would exist to justify the plan in general and, more specifically, and particularly, the use of a Testamentary Trust for the benefit of the Testatrix's daughter, Janet L. Shively, the Petitioner herein. 10. The said Last Will provided for a primary and absolute disposition to the Testatrix's husband. However, he predeceased Testatrix, making the gift to him inoperative. 11. The Last Will, in Paragraph 3, provided for a distribution of the net residue to two (2) charities, to wit: the Salladasburg United Methodist Church, of Salladasburg, Pennsylvania, and the St. Paul's (Cavalry) United Methodist Church, of Williamsport, Pennsylvania, in the amount of five (5%) percent each. (See paragraphs 3, 3A and 3B of the Last Will.) 12. The remaining ninety (90%) per cent of the net residue was then to be divided into two (2) equal shares, to wit: the first share goes outright and absolutely, to Testatrix's daughter, Janet L. Shively, and the Petitioner herein. The remaining share was to go to The First Bank and Trust Company, as Trustee, in Trust, for the benefit of the same said Janet L. Shively. (See Paragraphs 3C and 3D of the Last Will.) 13. The First Bank and Trust Company of Mechanicsburg has now been succeeded by merger by PNC BANK, NATIONAL ASSOCIATION. 14. Under the terms of the Testamentary trust, Trustee was to, inter alia, pay the net income periodically to Petitioner, Janet L. Shively, for her natural life. Additionally, in the event Janet exhausted her own assets, Trustee had authority to use and consume all the then remaining principal for the benefit of Janet. (See Paragraphs 3D (1) and (2) of the last Will.) 15. After the death of Janet L. Shively, the then remaining principal and any accrued income thereon was to be divided equally between Testatrix's grandchildren, the children of Petitioner, 3 to wit: Lucinda M. Shively, now Lucinda M. Peiffer, and Barton W. Shively, both of whom are now well over the age of twenty-five (25) years. (See paragraph 3D (3) of the Last Will.) BACKGROUND FACTS RE: DISRUPTION OF ESTATE PLAN 16. Testatrix, in or about mid-2005, began to execute various security related instruments and documents, apparently on advice of her stock broker but without any consultation with counsel as to the effect of assorted annuities and the use of "Transfer on Death" (TaD) documents. 17. It is believed, although not known, that Testatrix did not understand the full effect of taking assorted assets out of her probate Estate and out from under the control of her Executrix and Trustee. 18. Testatrix's gross Estate consists of the following items and rounded amounts: A. Items considered probate assets and under the control of the Executrix: (i) Cemetery Lot $ 115.00 (ii) PNC Bank Checking Acct. $ 21,600.00 (iii) Assorted Refunds $ 720.00 (iv) Tangible personalty $ 500.00 (v) Partial Return of Entrance fee from Bethany Village $ 45.100.00 $ 68,035.00 B. Items considered non-probate and which are not now and will not in the future be under the control of the Executrix in her capacity as Executrix: (i) Certificate of Deposit at the Central Pennsylvania Conference of the United Methodist Church $ 20,900.00 This item was jointly owned by decedent, her daughter, Janet Shively, and her granddaughter, Lucinda M, Peiffer. Of this amount $ 10,450.00 goes to Janet L. Shively and $ 10,450.00 to Lucinda M. Peiffer. (ii) Edward Jones Stock Brokerage Account $ 137,750.00 This item is subject to "Transfer on Death" requirement that divides the asset balance as follows: Daughter, Janet L. Shively (33%) Granddaughter, Lucinda M. Peiffer (34%) Grandson, Barton W. Shively (33%) $ 45,460.00 $ 46,830.00 $ 45,460.00 4 (iii) Lincoln Financial Group Annuity $ 19,530.00 This item is subject to a direct payout provision as follows: Daughter, Janet L. Shively (33 1/3%) Granddaughter, Lucinda M. Peiffer (33 1/3%) Grandson, Barton W. Shively (33 1/3%) $ 6,510.00 $ 6,510.00 $ 6,510.00 (iv) A second Lincoln Financial Group Annuity $ 75,240.00 This item is likewise subject to a direct payout provision as follows: Daughter, Janet L. Shively (33 1/3%) Granddaughter, Lucinda M. Peiffer (33 1/3%) Grandson, Barton W. Shively (33 1/3%) $ 25,080.00 $ 25,080.00 $ 25,080.00 (v) Prudential Financial Annuity $ 39,575.00 This item is payable directly to daughter, Janet L. Shively. The total rounded gross value of non-probate assets, not under the control of Executrix in her capacity of Executrix, is: $ 292,995.00 This figure is further broken down as follows: Janet L. Shively in her individual capacity Lucinda M. Peiffer Barton W. Shively $ 127,075.00 $ 88,870.00 $ 77,050.00 19. As above stated, the rounded value of the probate estate is $68,035.00. This figure is subject to reduction by various administrative expenses, including by way of example, funeral related expenses, attorney's fees, advertising and filing fees, as well as debts. A preliminary rounded estimate as to these total costs is $16,000.00. This will leave a net probate estate of approximately $52,000.00. Of this figure, approximately $5,200.00 will be divided equally between the two (2) above-mentioned churches ($2,600.00 each). This will leave approximately $46,800.00, which will be subject to inheritance Tax of 4.5%1 or approximately $2,100.00. Upon the payment of this amount, approximately $44,700.00 shall remain. 1 Title 72, section 9144 (f) provides that since the Will contains no tax clause, each recipient of non-probate assets is responsible for his/her share of the inheritance tax due thereon. Attorney's fees involved therewith shall also be apportioned against the non-probate assets. 5 The original estate plan did not contemplate taxable non-probate transfers. Accordingly, the Last Will contains no tax clause. 20. As above stated, under the terms of the Last Will, the net residue remaining after the payment of all obligations and the distribution and delivery of the specific bequests is to be divided into two (2) equal shares. Thus, approximately $22,350.00 is to go to Janet L. Shively outright and absolutely. This leaves the like amount of $22,350.00 to be paid over to PNC Bank as Trustee under the Will. 21. A Trust of the nature to be established under this Last Will, which is only funded with $22,350.00, is clearly not economical to administer and maintain. The costs of administration would consistently exceed any income produced. 22. The remaindermen of the trust are the Testatrix's two (2) adult grandchildren, to wit: A. Lucinda M. Peiffer 1129 Loop Drive Harrisburg, Pennsylvania 17112 B. Barton W. Shively 421 W. Keller Street Mechanicsburg, Pennsylvania 17055 23. As above set forth, Lucinda M. Peiffer has already received approximately $88,870.00 and Barton W. Shively has already received approximately $77,050.00. Janet L. Shively currently intends to further provide for each of them in her own Last Will. 24. Petitioner is desirous of obtaining a decree from your Honorable Court that she, as Executrix, need not fund this uneconomical Trust. Additionally, since she is the life income beneficiary and since the Trustee has a power to consume the principal, she is desirous that she be granted the right to pay over the Trust share directly to herself, free of Trust, outright and absolutely. 25. Both of Testatrix's grandchildren have read this Petition and its Prayer and are in full agreement with it. They consent and join in this Petition and are specifically agreeable with and join in the part of the Prayer asking to waive a hearing hereon. Evidence of each grandchild's Joinder herein and Consent hereto is provided by the Consent and Joinder forms attached hereto. 26. PNC BANK has agreed in principle with the assertions made herein that the administration of a Trust of this size and nature is not economical. It also has no opposition to this Petition and its Prayer. This is evidenced by the statement of PNC attached hereto. 6 27. Your Honorable Court has full power to act as prayed for as is set forth in Title 20 Section 7740.1(b) regarding modification or termination of irrevocable trusts with consent of the beneficiaries if the court concludes that modification is not inconsistent with the material purpose of the trust and if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust? The Testamentary trust herein involved became irrevocable upon the death of the testatrix and the probate of her Last Will. 28. Given the current circumstances in their totality, the amounts involved, Petitioner's mature adulthood, the cost of administering the Trust versus the benefits to the Petitioner, and the fact Petitioner is the primary object of Testatrix's bounty, no economically defensible or material purpose of the Trust would be achieved by its implementation. SUMMARY 29. Testatrix set up a comprehensive estate plan with her counsel, George M. Houck, Esq. and in furtherance thereof executed a Last Will and Testament on January 21, 1983. Testatrix departed this earthly life on September 14,2006. Her Last Will was probated on January 27, 2006. In the interim period, without aid or advice of counsel, Testatrix made provisions for a variety of transfers. These transfers took the transferred assets out of her probate Estate and out of the control of her Executrix. The result is that the portion of the net residue of her Estate to be transferred to a corporate Trustee is so small as to make its administration clearly uneconomical. Testatrix's daughter is the natural object of her bounty. The remaindermen are the children of Testatrix's daughter. As set forth above they have already been well provided for by Testatrix through non-probate transfers and Petitioner herein currently intends to further provide for them under her own Last Will. 2 Title 20, section 7740.1. Modification or termination of non-charitable irrevocable trust by consent. . . (b) Consent by beneficiaries with court approval. - - A non-charitable irrevocable trust may be modified upon the consent of all the beneficiaries only if the court concludes that the modification is not inconsistent with a material purpose of the trust. A non-charitable irrevocable trust may be terminated upon consent of all the beneficiaries only if the court concludes that the continuance of the trust is not necessary to achieve any material purpose of the trust. 7 All beneficiaries herein involved consent to the termination of this Trust. Since Testatrix's daughter is the primary object of her bounty and since Trustee had a power to consume principal in her favor, it is opined that the best, simplest and most economical way to provide for a resolution of the current dilemma is to order the delivery of the additional share directly to Petitioner herein, the daughter of the Testatrix, in her own right and absolutely. WHEREFORE, Petitioner respectfully requests and prays that your Honorable Court enter an ORDER that: (a) The Testamentary Trust under the Last Will and Testament of Lois M. Bower for the benefit of Janet L. Shively as life income beneficiary, with a power in Trustee to consume principal in her favor, and with a remainder over to Lucinda M. Peiffer and Barton W. Shively need not be established nor funded. (b) Executrix, Janet L. Shively, may and shall pay over to herself the entire net residue of the Estate outright, absolutely and free of Trust. (c) PNC BANK, National Association, Trustee named in the Last Will shall have no obligation to act thereunder whatsoever and is hereby formally relieved and acquitted of any arguable duties or responsibilities to act in this matter whatsoever. (d) In view of the nature and contents of the Petition and the affinity of the parties thereto, no hearing on this Petition is deemed necessary by the Court. (e) Makes such other findings, authorizations, empowerments, and approvals, as your Honorable Court deems appropriate in the circumstances. Respectfully submitted by, f%utu t #jd'J]p , Charles E. Shields, III, Esquire 6 Clouser Road Mechanicsburg, P A 17055 (717) 766-0209 PA S. Ct. ID No. 38513 8 IN RE: ESTATE OF LOIS M. BOWER, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEAL TH OF PENNSYLVANIA AND IN RE: TRUST UNDER THE LAST WILL AND TEST AMENT OF LOIS M. BOWER, DECEASED, FOR THE BENEFIT OF JANET L. SHIVELY ORPHANS' COURT DIVISION No. 21 - 06 - 850 VERIFICA TION I, JANET L. SHIVELY, Petitioner in the attached Petition concerning the Petition For Permission To Not Fund A Testamentary Trust And To Make Delivery Of Assets To The Primary Object Of Testatrix's Bounty, both as Executrix and in my individual capacity, hereby verify that the facts recited are true and correct to the best of my knowledge, information and belief. I make this verification subject to penalty for unsworn falsification to authorities (18 Pa. C.S.A. Section 4904). Witn~ri ~~~ ANET L. SHIVELY IN RE: ESTATE OF LOIS M. BOWER, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEAL TH OF PENNSYL VANIA AND IN RE: TRUST UNDER THE LAST WILL AND TEST AMENT OF LOIS M. BOWER, DECEASED, FOR THE BENEFIT OF JANET L. SHIVELY ORPHANS' COURT DIVISION No. 21 - 06 - 850 CONSENT. AGREEMENT AND JOINDER TO PETITION FOR PERMISSION TO NOT FUND A TEST AMENT ARY TRUST AND TO MAKE DELIVERY OF ASSETS TO THE PRIMARY OBJECT OF TESTATRIX'S BOUNTY WHEREAS, I am an adult and mentally competent child of the Petitioner in the above- captioned matter; and WHEREAS, I have been provided with a copy of the Petition For Permission To Not Fund A Testamentary Trust And To Make Delivery Of Assets To The Primary Object Of Testatrix's Bounty; and WHEREAS, I have studied the said Petition and have made an independent determination that the objectives stated therein are consistent with and beneficial to the interests of Petitioner and am fully aware that under the said Petition I may be giving up some arguable rights in what would otherwise be considered the principal amount of a Testamentary Trust; WHEREFORE, be it known hereby, that I, Lucinda M. Peiffer, do hereby consent, agree to, and join in the above-referenced Petition by affixing my hand and seal this l { day of -:s~v ~ ,~. 2-tPiS' ~ Witnessed by: :1&Ar;{;/r /Jf '~6'fL , iI:~. t?1. ~,~ L . INDA M. PEIFFER I Sworn to and subscribed to Before me this II day of 3" ~~ ,~ C),to,f 7/'" COMMONWEAL.TH OF PENNSYLVANIA NOTARIAL SEAL NANETTE M. GEORGE, NOTARY PUBLIC LOWEf1 PAXTON TOWNSIIIp, DAUPHIN COUN1Y I ~:lvSOMMISSION EXPIRES FEBRUARY 4,2008 IN RE: ESTATE OF LOIS M. BOWER, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEAL TH OF PENNSYLVANIA AND IN RE: TRUST UNDER THE LAST WILL AND TESTAMENT OF LOIS M. BOWER, DECEASED, FOR THE BENEFIT OF JANET L. SHIVELY ORPHANS' COURT DIVISION No. 21 - 06 - 850 CONSENT. AGREEMENT AND JOINDER TO PETITION FOR PERMISSION TO NOT FUND A TEST AMENT ARY TRUST AND TO MAKE DELIVERY OF ASSETS TO THE PRIMARY OBJECT OF TESTATRIX'S BOUNTY WHEREAS, I am an adult and mentally competent child ofthe Petitioner in the above- captioned matter; and WHEREAS, I have been provided with a copy of the Petition For Permission To Not Fund A Testamentary Trust And To Make Delivery Of Assets To The Primary Object Of Testatrix's Bounty; and WHEREAS, I have studied the said Petition and have made an independent determination that the objectives stated therein are consistent with and beneficial to the interests of Petitioner and am fully aware that under the said Petition I may be giving up some arguable rights in what would otherwise be considered the principal amount of a Testamentary Trust; WHEREFORE, be it known hereby, that I, Barton W. Shively, do hereby co~nt, agree to, jd join in the above-referenced Petition by affixing my hand and seal this :..PcP day of ( (J h (,{J;(<:j , 200'6 Witnessed by: ~~ LU'~ BARTON W. SHIVELY Sworn to and subscribed to Before me this ZZA1 day of Janl1arJ ,2001) ~.~ ~ ~. cfk/wr; NOYARIAL SEAL HIIDI M NILSON NoIary PublIC 1m" --I::JlCl'_Ql~" .., CommIIIIon .... Jun 27, 2011 IN RE: ESTATE OF LOIS M. BOWER, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEAL TH OF PENNSYLVANIA AND IN RE: TRUST UNDER THE LAST WILL AND TESTAMENT OF LOIS M. BOWER, DECEASED, FOR THE BENEFIT OF JANET L. SHIVELY ORPHANS' COURT DIVISION No.21-06-850 STATEMENT OF NON-OPPOSITION AND ACQUIESCENCE IN PETITION I, LINDA J. LUNDBERG, as ~\C:E:. ~2.-E::& \l>eJ\7 of PNC BANK, NATIONAL ASSOCIATION, having been fully authorized to act on its behalf, have been provided a copy of the PETITION FOR PERMISSION TO NOT FUND A TEST AMENT ARY TRUST AND TO MAKE DELIVERY OF ASSETS TO THE PRIMARY OBJECf OF TESTATRIX'S BOUNTY. After reasonable notice and full opportunity to review the said PETITION, it is PNC BANK'S position that it has no opposition to the granting of Petitioner's prayer for relief regarding the Testamentary Trust under the Will of Lois M. Bower, deceased. PNC BANK also hereby states that it will acquiesce and assert no further interest in this matter upon the Court's granting of Petitioner's prayer and the Court's issuance of its ORDER. ATTEST: ~i.U A~-l-. Secretary [Corporate Seal] (SEAL ) by: LINDA 1. LUNDBERG, ~\.C:E:.. ~\.~\ , fo National Association C BANK, COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL TOM CORBETT ATTORNEY GENERAL January 17,2008 Charitable Trusts and Organizations Section 14th FIr., Strawberry Sq. Harrisburg, P A 17120 Telephone: (717) 783-2853 Facsimile: (717) 787-1190 jdowning@attorneygeneral.gov Charles E. Shields, III, Esquire Attorney At Law 6 Clouser Road Mechanicsburg, P A 17055 RE: Estate of Lois M. Bower/No. 21-06-850 Dear Mr. Shields: This will acknowledge receipt of your notice under Supreme Court Orphans' Court Rule 5.5 regarding the above-captioned matter. I have reviewed the Petition for Permission to Not Fund a Testamentary Trust and to Make Delivery of Assets to the Primary Object of Testatrix's Bounty in the Estate of Lois M. Bower and have no objections. At your earliest convenience, kindly forward an executed copy of the decree. Please be advised that the above review was made pursuaiil to the parens patriae function of this Office and has no bearing on any matter unrelated thereto. Be further advised that this no objection is based on the information submitted to the Office of Attorney General and therefor, is conditioned upon its accuracy submissions or omissions. . -- JLD/lss LAST HILL AND TESTAMENT OF LOIS H. BOWER I, LOIS H. BONER, of the Borough of Nechanicsburg, County of Cunillerland and State of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my 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. 2. All the rest, residue and remainder of my Estate, real, personal and mixed,_ whatsoever and wheresoever situate, I give, devise and bequeath unto my husband, Kenneth I. Bower, to his own use and benefit absolutely. 3. In the event, however, that my said husband should predecease me, or should die at about the same time as I do, such as in a disaster common to both of us, I direct that my Estate be distributed as follows: A. I give and bequeath five (5%) percent of my net Residuary Estate to the Salladasburg United Metho- dist Church, Salladasburg, Pennsylvania. B. I give and bequeath five (5%) percent of my net Residuary Estate to St. Paul's United Methodist Church, Williamsport, Pennsylvania. C. I give and bequeath to my daughter, Janet L. Shively, one-half (~) of the balance of my net Estate. -1- D. I give and bequeath the remaining one-half (~) of my net Residuary Estate to The First Bank and Trust Company of Mechanicsburg, Pennsylvania, Trustee, in Trust for the following purposes: (1) To pay the net income therefrom to my daugh- ter, Janet L. Shively, periodically, for and during the rest of her natural life. (2) In the event that my said daughter should ex- haust her ovm assets, the Trustee shall have discretionary authority to use and consume all the remaining part of the principal of this Trust Estate for the comfortable maintenance and support of my said daughter, including payment of medical, hospital and other in- stitutional care. (3) After the death of my said daughter, the re- maining balance of principal in said Trust Es- tate, plus any accrued income, shall be divided equally between my grandchildren, Lucinda M. Shively and Barton W. Shively; provided'however, that each of them has reached the age of twenty- five (25) years at the time when said distri- bution is to be made to them. If either of them has not reached the age of twenty-five (25) years, the share of such one shall be held in Trust by the Trustee until she or he reaches the age of twenty-five (25) years, the income of such share to be paid to my grandchild periodically, and the Trustee to have the same discretionary authority as set forth above as far as the use and consumption of principal is concerned. -2- " (4) I direct that the interests of all beneficia- ries in the Trust hereby created, whether in the princiPfl or income thereof, shall be free from liability to attachment or other legal process issued at the instance of any creditor or assignee of such beneficiary, and I direct .c . that no payment shall be made by way OL antl- cipation of sums \,]hich may thereafter accrue to any beneficiary. (5) If the Trustee has taken into the Trust Es- tate any real estate, and as Trustee considers it feasible to sell the same, I hereby author- ize, empower and direct the said Trustee to sell at public or private "sale or sales, and to convey any such real estate to the purchaser or purchasers thereof, and to give good and sufficient Deed or Deeds for the same. 4. LASTLY, I nominate, constitute and appoint my hus- band, Kenneth I. Bm,]er, to be the Executor of this, my Last ~'Hll and Testamen"t. If he should predecease me, or for any other reason be unable to act, or to continue to act, as such Executor, I appoint my daughter, Janet L. Shively, to be the Executrix in his place and stead. I further direct that she shall not he required to file bond or other security in the office of the Register of Wills for the purpose of adminis- tering my Estate. -3- IN WITNESS vlliEREOF, I have hereunto set my hand and seal this ~r:';~'-day of January, A. D. 1983. {) , d-~ 111 .1lo-z.~.uVu (SElI.L ) Signed, sealed, published and declared by the above-named LOIS M. BOWER, as and for her Last will and Testament, in the presence of us, who, at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as witnesses. Gl 'I j/- / f t' ...." ~./' , ~, l.'~l2L.. /'1:::o-^aL / \...... % ~. </"7/ /' :::::::;:;;'// J. ~A/--:7"5-~.!-? / -4- . " Yl'\d 'J.-.?; ;2 eeL' ....-r wLnn I D ,) , ..t.. (. <'! 2/' / I, ;>L ' t!j, ~A '-v! ~J ,~',A'--' ' --, -- U/ -<.A~ "",,7 CJ!1. & j~;,L6 ~ hLrA~~"-'- ,,--.-...,1- ~) 0___,-,~ .~~ }:;c '-\.-0.,.....-* {:, ~. 7(~ w-U _ U U 0 0 1_ r. 0 ./~ M'-W.h-I ~, h.; -Ku... ,<1A-y~ O,~-,Q. oL~)'..b.v/ ;t~~.k.. o ;.) 1] w.~ A).:"':~ P--~'~ ).-U-<:v>d: o~.L j~ /~r(..Q., r:o ,f)r/j 0----",( , J ~ . .~ 0,,' I I, ('..L -r~ J\..t../~A _/~i ~}yt 'f.)%1../-;.iV..- ~v'\JY~~, ~~ --.. -.--- -t.') 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