HomeMy WebLinkAbout04-23-08
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PE'TITION FOR PROB/\ TE AND GRANT OF I.lETTERS
REGISTER OF vVILLS OF
COUNTY, PENNSYL V AN[A
, Deceased
File Number ----e2J -O~ J# O~SC}
Social Security Number
Estateof~~-D-L l TtGe-
also known as
Petitioner{s), \\ho is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OJ' '8' BEl.OIV:)
~ A. Probak :tllll Grant of Lett~rs Testamentary and aver that Petitioner(s) is / are the /..;;:;", (:::; C!.-Vro ,(!.
last Wilt ofthc: Dc:ceJ-:nt dated ~ 1~;:-IIC}<j(, and codicil(s) dated
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(State relevaflt circumstances, e.g.. rellunciation, death of executor. etc.) ,~:~ ' =0 :~~:~~)
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Except as follows, Decedent did not marry, was not divorced, and did not ha'/e a child born or adopted after executio~l:,?~istru~(s) o~~~~~~
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:. i (/) ^ c.v ~. r: CJ
. '; JO -0 <. -", r"""\
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(If applicable. enter: c.t.a.; d.b.fl.c.t.a.; pendente lite; durante absentia; LHtmllte minoritat:t-
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Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration. c.t.a. or d.b.n.c.t.a., enter dale oj Will in Section A above and complete list of heirs.)
named in the
o B. Grant of Letters of Administration
Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach ad,litioIJal sheets if IJecessary.
Decedent was domiciled at death in t1 'M ~
h . .
(List street address. towlI/City. township. coumy. Slate, zip code)
Decedent, then r 7
years of age, died on f7t,e/ L3, o? IJ~
~tJ3 ;:>/'1
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
~J IS ()
o
o
o
situated as follows:
Wherefore, Petitioner(s} respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
ForIllRW-02 rev fO/3.06
Page 1 of2
eJ
Oath of Personal Representative
COMMONWEAL lH OF PENNSYL VANIA
COUNTYOF~~ailct
ss
The Petiticn~n:-;' abUVe-!LUll\:d $'."c:al\s) or aiTinn(s) that the statements in the foregoing Petition are true and eon-eet to the best of
the kilO\vledge and belief of Petitioner(s) and rhat, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me the ~ .'l;{ d day of
~,W~
~hrlt 0- C1%1 t1 ,f\f}t\)
Forle~R~g-;;t;;- . -
Signature O! Personal Representative
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Signature oj Perso/lal Representative
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File Number:
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AND NOW,
Estate of I3GJTE iJ L- I TT Le-
-ty Number: / (,~-;
, (J ()()~ , in consideration of the foregoing Petition, satisfactory proof
, Deceased
Date of Death:
y''/~ / 46c1 g
,
having been presented before me, T I ECREED that Letters
are hereby granted to ......J~ C~ I J ~ LI Ill"''::::'''' J<( ('Y.oY L L-=-
in the above estate
and that the instrument(s) dated
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
~ (fflJr/Wt) xf/A/JAha.urdL .
Register of Wills U p.er CfJ tx?f--~
FEES
Letters
$
~O. t1V
~g.(}\)
Attomey Signature:
Short Certificate(s) . . . . . . . . $
Renunciation(s) .......... $
~~ :::~
--8::1A...tD~ . . . $
.. . $
.. . $
... $
.. . $
.. . $
...$
TOTAL .............. $
'o~OO
I D. LXi)
5.00
Attorney Name:
Supreme Court LD. No.:
Address:
Telephone:
'IE, OV
Form RW-{)2 rev. 10,13.06
Page 20[2
:2t-OC('" 6lf Sq
05.805 REV (01107)
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
This is to certify that the information here given i.
correctly copied from an original Certificate of Dead
duly filed with me as Local Registrar. The origin a
certificate will be forwarded to the State Vita
Records Office for permanent filing.
tZm..1'l ~PJ({ 08.
v ._-
Local Registrar Date Issued
ee for this certificate, $6.00
P 14328950
Certification Number
ITEM # 18
SHOULD READ AS FOLLOWS:
W /I {IIJIYJ fA}. KG"1YI1t1 e It. L 'Y-'
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COMMONWEALTH OF PENNSVLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructlons and examples on reverse)
~
HNT
:K INK
STATE FILE NUMBER
:L.<, c
87
OOlller . SpeciIy:
10. Race: AmeliCan 1nclIan, Black, White, *.
(SI1eciM
Whit e
YIS.
811. CaMlly 01011111
Cumberland
14. ~~~~r Manted. 15. SuMvlng Spouse (K wile. give maiden name)
Widowed
11. llec:8dInI's UIuII 01 Mll1c lllft IIllIII 01 lilt. 00 not stsllI
~ 01 WOlk Kind 0I1luINu I ~
Execut~ve Assist. Transportation
16. Oec8dIlt's MeIIllI AItRs& (SIIwt. cIIy I town. slaIe, ~ ccdll)
1700 Market Street
Camp Hill, PA 17011
18. F.....s..... (FirIl....middII 1IIl.1IA) 19. MoIIler's Nllme (Fnt, nidcIe. 1llllidIn__)
William P. Kemmerly Violet M. Swan
201. \nlCIllWll'I Nafne (Type I Pri11 2011. InIormInI's MlII&lg AddIWII (SlrIeI, city 11oMI. stsllI, ~ ccdll)
Jacqueline K. Coyle 1213 Mallard Road, Camp Hill, PA 17011
21.. MIlhod 01 DiIpoIiliDn D CNITlIlion D DcnIIiln 21b.1l8le 01 DispaoIbI {IolcnlII, diy, v-l 21e. Place '" lliIpoIItIon (Name '" -.y, -..aIOly Of O\her pllc:el
o ~~O RemovaIfromSlats ,:-~~~OYesONo April 11,2008 Manchester Lutheran Cemetery
221. (or parson acting IS such) 221:. Nllme and Address 01 FdIy
~ ~ arthemore FH&C~, Inc., PO Box 431 New Cumberland, PA 17070-0431
~ only when c:erIIying 2311. To the baSI 01 my llnowIIdge.ll8III1 0CCUfIICl81 thelina. dill and pIBee stIIIld. (SlIJ1Ibn and 1IlIe) 23b. I.ie8rM Number 23c. CIte Signed (Monlh, day, yew)
physlciIn IS notl'llillblllllire 01 doIIIlO
'*"Y _ 01 doIlIl.
~~ 17s.SlIIa PenI\svlvania
17b. CoI.I1ly Cumberland
He. 0 Yes, Decedenl lived in
17d.U:n.o.:::oILiYedwllllin Camp Hill
T"'ll.
CiIy I Boro
21d. Localion (CIly I toWn, SlIIt, ~ coda)
Manchester, PA
26. was CIse Ref8rr8d 10 MedIcII Examlner I Coroner lor a Reason 0Iher IhIn Cremation or Donation?
Dyes '}ONo
24. Time 01 0e81h
n.ns 24-26 musl be complaIed by parson
who ~de8I/I.
28. Old Tobaeco Use Conltllule 10 0e81h?
o Yes 0 Probably
No 0 Unlcnown
29. K FemaIa:
~ No! pIelJlBIll wilhin past year
o P"lJlIII1lallMneofll8lll1
o No! pregnant. but pragnIIlI within 42 days
of doIlll
o Not pcegnIIIl. but pIelJlBIll43 days 10 1 year
beIOf8 de8lh
o ~ V flI9lJlll"\ wiIhIn \he past year
32c. Place 0I1r$q. Ibna. FIIlIlI. SInlet. FIdOry,
0Ib Bttilg. 1Ile. {SpsdIy}
Plrt II: Enlll 0IIlII1illnIIc8nl...--.. oonIrIlulIna 10 doIIh
but not rISI.llIng In lilt undIIIyIng _ given In PlIrt I.
I ApproxinIIe i1IarYII:
I Oneal to llNII1
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Due 10 (or IS .. consequence 01):
b.
Due to (01' IS . consequence 01):
Due 10 (or IS a consaquanee 01):
d.
D. WIle ~ Findings
A\/IIIIIbl8 PtIar 10 CompIo4Ion
01 CIuIe 01 0e8lh?
31. Manner oIllNth
3Oa. WlIs In ~
Parformad'I
~ Natural D HomIcido
D ~ 0 Pendng InvestigIIion 3211. l1ma 0I1tVf
D SuIcido D C"'*l No! be 0aIant'Dd
32g. Loc:atIon 0I1r1uri (SlrIeI, city 11Own. SIlIls)
321. K TraneporIIIIcln Injury (Sp8cIIy)
D tllNer I ()pe!aIor 0 PlIaqo< Dpadolldon
0IIler . SpaciIy:
331. CriiIr (dlIck only one) 331>. S1p1ln and 'I1IIa 01 CarUfier
. CertIIyIng phpIdIII (f'I1\lIiCIIn CII1iIyIng _ oIll8III1 when anolIlIl' physlciIn ilia pnmunced doIIIIlnd ~ 111m 231 P\.-~ fe;-..' f+V I'Y' r)
To dlI bIIt 01 my IlneNlIdgI. dIIIIII OCCUIIICI cIut 10"'l*1li(1) IIId --- .. IlIltd.. - - - -- - - -- -- -- - - -- -- - - -- - - - - -- - -- I;il ~
. Pronounclng IIId criYlng ~ (l'lIyelclIn boItI pIIlClCllI'ICil dIIIIIlnd 1:8lIl'jing to _ of dIIIII) 33<:. l.blnse NtInbIr
To" bIIt 01 my 1InowlIclgI, dIIIIII OCCUIIICIlldllllme. dole, and pilei, and due to tile ClUll(s) and -.. slIlId.. -- -- - - - - -- - -- - -- - 0 M 0 4'~ i q ? 0
. = ~.=. and I or InwdgIlIon, in my opinion, doSIlh 0CC\I'I'td II the lime. dole, and pilei, and due \0 tile couae(a) and _ IS stIlId.. D
34. Nama and AcIclma '" Person WOO ~ad c- 01 0ea1t1 (Item 27) Type I PrlnI
lVc"VY1l'?\~ I~I ~'p1A v . .
'3 lot S-CR "PJ'i 1"".::14' 14)1\.<.-1 I C 0. m r }h II
OYaa DNo
Dyes qlNo
M.
33d. 0Ille Signed (Month, dIy. yea~
n ril I... ~l zoc;>S
Yt'1 I "lei I
35. Regislrar's
..
..
......
F. M. WELLS, JR.
ATTORNEY AT LAW
4911 PARK STREET NORTH
ST. PETERSBURG. FLORIDA
33709-2227
TELEPHONE (813) 541-6671
FAX (813) 545.2808
(21. O~- ol/5Q
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.l:ll5"rrJ5 D. :r..rrrLE
I, .l:ll5"rl'J5 D. Ll'.rl'LE, a resident of Manatee County, Florida, being of sound mind and disposing
memory, do hereby make, publish and declare this my Last Will and Testament, hereby revoking any and
all other W1lls and Codicils thereto by me at any time heretofore made.
L
I direct my Personal Representative to pay all debts which I am legally obligated to pay at the
time of my death, my funeral expenses and costs of administration of my estate 88 soon as practicable
after my death. .
n.
I hereby ratify, approve and confirm any gifts or devises of tangible personal property prepared
by me in writing and executed in accordance with the Florida Statutes.
m.
I hereby appoint 88 Personal Representative JACQUELINE It. COYLE, if she is serving 88
Trustee of the REVOCABLE TRUST OF WS'rl15 D.. :r..rrrLE DATED FEBRUARY 14., 1980, 88 may
be amended. In the event of the death, incapacity, ~IV'Abon or discharge of JACQUELINE K.
COYLE, then GEORGE W. LlfTLE, JR. 8Dd WILLIAII T. :r..rrrLE shall serve 88 Alternate Co-
Personal Representatives. I further exp~ direct that my Personal Representative shall have the
same powers as have been granted to the Trustee under said Revocable Trust.
N.
It is my intention that the Probate Court shall not continue the administration of this estate
after the payment or delivery of the assets to said Trustee, and that the Court shall proceed to a
final settlement and order the property to be turned over to the Trustee 88 soon as possible. If, at
the time for my Personal Representative to make distribution to said Trustee, any Trust beneficiary
is then entitled to distribution of Trust assets, my Personal Representative may make distribution
directly to such beneficiary.
v.
I give and devise to said Trustee under the REVOCABLE TRUST OF HIS'rl:15 D. :r..rrrLE
DATED FEBRUARY 14., 1990, the entire residue of my estate (including all failed and lapsed legacies
but excluding any property over which I may now or hereafter have a power of appointment) to be
administered and distributed by the Trustee in accordance with the terms of said Revocable Trust, as
may be amended.
ft. ~
,.1
IN W1T.NES8 WHEREOF, I sign, seal, publish and declare this instrument to be my Last
Will and Testament in the presence of the persons witnessing it at my request this .
ol...F' rl day of ~ (/ N' e_ t 1996, at ~ ~u , ~ ~
County, Pennsylvania. '
-O~ ~ ~~
WS'rlOj5 D. Ll'rTLE
The above and foregoing instrument was signed, sealed, published and declared by the
Testatrix as and for her Last Will and Testament in our presence; and we, at her request and in her
presence and in the presence of each other, have subscribed our names as witnesses thereto, this
01 J*' /;;( day of ~ LI A' ~ t 1996.
lvania
OF PENNSYLVANIA
OF
We, WS'rlOj5 D. Ll.'J.TI,.E, and
and ~ ~ & "d,.. the Testatrix
and the witnesses, ~, \Y. ose names signed to the foregoing' ent, being first duly
sworn, do hereby declare to the undersigned officer that the Testatrix signed voluntarily and that
each of the witnesses present, in the presence of the Testatrix, and in the presence of each other,
signed the Will as witnesses, and that to the best of the knowledge of each of the witnesses, the
Testatrix was at that time over the age of 18 years, of sound mind and under no constraint or undue
influence.
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BE'rlOj5 D. Ll'rTLE
* County, Pennsylvania
%(2,..~ Pennsylvania
F. M. WELLS, JR.
ATTORNEY AT LAW
4911 PARK STREET NORTH
ST. PETERSBURG, FLORIDA
33709-2227
TELEPHONE (813) 541-6671
FAX (813) 545-2808
A' Sworn to (or aftirmed) and subecribec! ~ore me ~lTi D. LlT'l'LE, and
~ .I~CC.A. ~ /;~U ~ 4- }//It 9/AI'FA. A- v 'NJ'"~V
and , / t this -?S~day
of L./'( ~ ., ~ t 1996.
Notary Public OTARfAL SEAL
My Commi~on Expires DORIS,. STRINGER, f\'otary Public
Harrisburg, PA Dauphin County
My Commission expires April 1. 1999
2
F. M. WELLS, JR.
ATTORNEY AT LAW
4V11 PARK STREET NORTH
ST. PETERSBURG, FLORIDA
33700-2227
TELEPHONE (813) 541-6671
FAX (813)545-2808
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THIS AMENDED REVOCABLE TRUST, made and entered into:itbis
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AMENDED REVOCABLE TRUST
OF
J:m"l-r.15 D. I..JT'r.LE
DATED FEBRUARY 14. 1990
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I 1996, by BrAl"'l'.15 D. I..l'r1'LE, a resident of Manatee County, Florida,
hereinafter referred to as "Grantor" and "Trustee".
BEClT/&T.R
A. Under date of February 14, 1990, .HIS'rl'.15 D. I..l'r1'LE, as "Settlor", executed the
REVOCABLE TRUST OF .HI5"l"'l'.15 D. I..l'r1'LE, (hereinafter called the "Trust Agreement"), under the
terms of which the Settlor reserved the right to amend the Trust Agreement in accordance with the
provisions of the article entitled BIGHT TO REVOKE OR AMEND AND TO ADD PROPERTY.
B. It is the desire of the Grantor, .HI!i'l"'r.15 D. LITTLE, to amend and restate the Trust
Agreement in its entirety.
NOW, TRRRRFORE, in consideration of the mutual covenants herein contained, and other good
and valuable considerations, the Grantor does hereby amend and restate the Trust Agreement in its
entirety, 88 follows:
WI~NI88B~H:
The Grantor does hereby transfer and deliver unto the Trustee the securities and properties
listed on Schedule A attached hereto and made a part hereof, to have and to hold the same in trust,
nevertheless for the following uses and purposes and subject to the terms, conditions and powers
hereinafter set forth:
ARTICLE L
poWRRf:I OF TRUSTEE
A. The Trustee shall have the following powers to be exercised in her discretion:
1.
To retain any property transferred to the Trustee.
2.
To invest and reinvest the Trust assets in any property or undivided interests
therein, wherever located, including bonds, notes, stocks of corporations, real estate or any interest
F. M. WELLS, JR.
ATTORNEY AT LAW
~1l1 1 PARK STREET NORTH
ST. PETERSBURG. FLORIDA
33709-2227
TELEPHONE (813) S~1-6671
FAX (81 3) ~S-2808
therein and interest in trust, including common trust funds, without being limited by any statute or law
concerning investments by the Trustee.
3. To sell any trust property, for cash or on credit, at public or private sale; to
exl"hAnge any trust property for other property; to grant options to purchase or acquire any trust
property; and to determine the prices and terms of sales, exchAnges and options.
4. To execute leases and subleases, even though such terms may extend beyond the
termination of the Trust; to subdivide or improve real estate and raze or alter improvements; to grant
easements; to give consents and make contracts relating to real estate; and to release or dedicate any
interest in real estate.
o. To borrow money and to mortgage or pledge any trust property.
6. To take any action with respect to conserving or increasing upon the value of any
trust property; and with respect to foreclosures or reorganizations, abandon demands for or against the
Trust, wherever situated; and to execute contracts, notes, conveyances and other instruments, including
instruments containing covenants and warranties binding upon and creating a charge against the Trust,
and containing provisions excluding personal liability.
7. To keep any property in the name of a nominee with or without disclosure of any
fiduciary relationship.
8. To employ agents, attomeys, accountants, investment advisors, auditors,
depositories and proxies, with or without discretionary powers.
9. To receive additional property from any source, including the proceeds of any life
insurance policies, and add it to and co-mingle it with the Trust assets.
10. To enter into any transaction authorized by this article with the trustee or legal
representative of any other trust or estate in which any beneficiary hereunder has any beneficial interest,
even though any such trustee or legal representative is also trustee hereunder.
2
F. M. WELLS, JR.
ATTORNEY AT LAW
~91 1 PARK STREET NORTH
ST. PETERSBURG. FLORIDA
33709-2227
TELEPHONE (813) 541-6671
FAX (813) 545-2808
11. To make any distribution or division of the trust property in cash or in kind or
both, and to allot different kinds or disproportionate shares of property or undivided interest in the
property among the beneficiaries or portions; and to determine the value of any such property, and to
continue to exercise any powers and discretion herein given for a reasonable period after the termination
of the Trust, but only for as long as no rule of law relating to perpetuities would be violated.
12. To buy, sell and trade in securities of any nature, including short sales, on
margin, and for such purposes may maintain and operate margin or other accounts with brokers, and may
pledge any securities held or purchased by them with such brokers as security for loans and advances
made to the Trustee.
13. To pay over to the Grantor such sums from the principal or corpus of the trust
property as the Trustee may deem necessary for her needs, if in the judgment of the Trustee the income
from the trust property is insufficient for such needs. When the Trustee, or the Successor Trustee,
exercises discretion hereunder, it shall not be necessary for the Trustee, or the Successor Trustee, to
inquire as to any other income or property of the person for whom such principal is to be used. Any
decision of the Trustee, or the Successor Trustee, with respect to the exercise of said discretionary
powers made in good faith shall fully protect the Trustee, or the Successor Trustee, and shall be binding
and conclusive upon all persons interested in this Trust.
B. To the extent that any such requirements can be legally waived, no Trustee shall ever
be required to give any bond as Trustee, or in the absence of breach of trust, account to any court or
obtain the order of approval of any court in the exercise of any power or discretion herein given. No
person paying money or delivering any property to the Trustee shall be required to see to its application.
c. At any time that the Trustee, or the Successor Trustee, is acting as Trustee hereunder,
the signature of one of the Trustees or of one of the Successor Trustees sban. be sufticient to execute
proxies or powers of attorney to vote any securities or represent the Trustee as holder or owner of any
securities or other assets, to execute stock powers or other endorsements of securities or any other
8
F. M. WELLS, JR.
ATTORNEY AT LAW
41111 PARK STREET NORTH
ST. PETERSBURG. FLORIDA
33709-2227
TELEPHONE (1113) 541-6671
FAX (813) 545-280a
negotiable instruments, registered, issued or drawn in the name or to the order of the Trustee for the
purpose of effecting AAA1gJ"ment, transfer or delivery thereof, and to sign checks or orders to pay on
deposits, accounts or credit balances of the Trust with any bank, banker, broker or trust company. Any
such proxies, powers, endorsements, checks or orders shall be valid when signed by one of the Trustees
or one of the Successor Trustees unless otherwise specifically provided herein.
ARTICLE n.
RIGHT TO REVOKE OR AMEND AND TO ADD PROPERTY
The Grantor hereby reserves the power to revoke or amend this Trust Agreement in whole or
in part by an instrument in writing executed by her and delivered to the Trustee. The Grantor further
reserves the power at any time and from time to time to add cash, securities or other property to the
principal of the Trust herein created by deed, gift or will. Any such additions to the Trust shall be held,
aClminiRtered and distributed by the Trustee as an integral part of the principal thereof in accordance
with all the terms and conditions of this Trust Agreement.
ARTICLE m
DIBT.R1BUTION OF INCOME AND PRINCIPAL DURING I.d.r"J5TlME
A During the lifetime of the Grantor, the entire net income or principal of the Trust shall
be distributed for the maintenance, education, comfort, support and/or medical care of Grantor.
B. At the Grantor's request, or if the Grantor should become disabled or inl"AJ'APitated, the
Trustee, or the Successor Trustee, is hereby authorized and directed to expend as much of the income
and/or principal as the Trustee of this Trust deems necessary and proper to provide for Grantor's
maintenance, education, comfort, support, and/or medical care.
c. In the event of disability or inl'llpacity on Grantor's part, the Trustee, or the Successor
Trustee, is further authorized to supervise the preparation of Grantor's tax returns and to assist in any
or all of Grantor's financial affairs.
4
F. M. WELLS. JR.
ATTORNEY AT LAW
.111 1 PARK STREET NOFlTH
ST. PETERSBURG. FLORIDA
33709-2227
TELEPHONE (813) 541-6671
FAX (813) 545-2808
ARTICLE IV.
SPENDl'.l::l.KlFr PROVISION
No beneficiary hereunder shall have the right, in advance of actual payment to such beneficiary,
to sell, assign, transfer, dispose of in any manner, or to mortgage or to otherwise encumber his or her
interest herein, or any part hereof, or any installment of other principal. or income to be received. No
beneficiary shall give orders to the Trustee with respect to any distribution to be made. No creditor of
any beneficiary may, in any manner, lien or levy against a beneficiary's interest herein for any contracts
or other obligations of such beneficiary.
ARTICLE V.
COMPENSATION OF TRUSTEE
The original Trustee and/or any Successor Trustee may receive reasonable compensation for
services and reimbursement for reasonable expenses. In the event the Trustee and/or Successor Trustee
is a Corporate Trustee, the Corporate Trustee shall receive reasonable compensation for services in
accordance with its published fee schedule in existence at the time the services are rendered and
reimbursement for reasonable expenses.
ARTICLE VI.
I :K~rU".lJ5IJ COPIES
To the same effect as if it were the original, anyone may rely upon a copy of this Declaration of
Trust (and the writings, if any, endorsed thereon or attached thereto). Anyone may rely fully upon any
statements of fact certified by the Grantor and/or Trustee of the Original Declaration of Trust or any
executed counterpart or a copy thereof certified by the Trustee hereunder.
ARTICLE VB.
CONSTRUCTION
A The paragraph heAtlin~ used are for convenience only and shall not be resorted to for
interpretation of this trust instrument. Wherever the context so requires, the masculine shall include
the feminine and neuter, the singular shall include the plural, and "Trustee" shall include "Co-Successor
5
F. M. WELLS. JR.
ATTORNEY AT LAW
.a11 P....RK STREET NORTH
ST. PETERSBURG. FLORIDA
33709-2227
TELEPHONE (813) 5.,-667,
F....X (813) S.S-2808
Trustee" or "Successor Trustee." If any portion of this trust instrument is held to be void or
unenforceable, the balance of this trust instrument shall nevertheless be carried into effect.
B. The Trust herein created bas been accepted by the Trustee in the State of Florida, and
all questions pertaining to the Trust and its validity and the administration thereof or in the construction
of this instrument or any portion of it shall be determined in accordance with the laws of the State of
Florida.
ARTICLE vm.
RULE AGAINST PERPETUITIES
Notwithstanding an1tbing herein to the contrary, the Trust created hereunder shall terminate
not later than twenty-one (21) years after the death of the last to survive of the Grantor and all
beneficiaries described herein and the issue of each such beneficiary living at the date hereof. Upon that
date, unless previously terminAted, the Trustee shall distribute the principal and income of the Trust to
the beneficiary or beneficiaries for whom such Trust was held in proportion to the respective share of
such beneficiary or beneficiaries.
ARTICLE IX.
AUTHOBl'I'Y OF TRUSTEE
No purchaser or other person dealing with any Trustee purporting to act under any power or
authority granted in or given by any Trustee in purported compliance with this item or any part or parts
of it need be concerned or to inquire into the existence of facts upon which the purported power or
authority depends or into the question of whether the purported power or authority still exists.
ARTICLE X.
B.E8IGNATION OF TRUSTEE
The Trustee hereunder (whether originally designated herein or appointed as Successor) shall
have the right to resign at any time by giving thirty (80) days written notice to that effect to the current
income beneficiary (or beneficiaries) of this Trust.
6
F. M. WELLS, JR.
ATTORNEY AT LAW
4~1 1 PARI< STREET NORTH
ST. PETERSBURG, FLORIDA
33709-2227
TELEPHONE (813) 541-6671
FAX (813) 545-2808
ARTICLE XI.
INCAPACITY OR DI8ABILl'l'Y
The Grantor's incapacity or disability to act or continue to act 88 Trustee hereunder shall be
established by the swom statements of two licensed medical doctors attesting to such inMpacity. One
of the medical doctors shall be Grantor's own physician if he is available.
ARTICLE m.
SUCCESSOR TRUSTEE
A Any Successor Trustee shall have the rights, powers, duties and discretions conferred or
imposed on the original Trustee. No . Successor Trustee shall be obligated to examine the accounts and
actions of any previous Trustee, nor shall they be responsible for any acts or omissions of their
predecessors for which they are not at fault.
B. Each Successor Trustee shall accept the office in writing and shall be vested with the
powers and duties of the trusteeship immediately upon delivery of the written acceptance to the Grantor,
or if the Grantor is deceased or incapacitated, to the prior Trustee and/or to the beneficiary (or
beneficiaries) of this Trust.
c. Any Trustee may appoint a Co-Trustee or a Successor Trustee if neither has been
provided for in this Declaration of Trust.
D. Upon the death, incapacity, resignation or discharge of the Trustee, liJsrl15 D. Ll'rl'LE,
then JACQUELINE K. COYLE shall serve as Successor Trustee.
E. Upon the death, incapacity, resignation or discharge of the Successor Trustee,
JACQUELINE K. COYLE, then GEORGE W. U'rI'LE, JR. and WILLIAK T. LITTLE shall serve as Co-
Successor Trustees.
ARTICLE xm.
DISTRIBUTION UPON DEATH
The Trustee shall have the fonowing duties and shall dispose of the Trust assets in the fonowing
manner:
7
F. M. WELLS. JR.
ATTORNEY AT LAW
41111 PARK STREET NORTH
ST PETERSBURG. FLORIDA
33709-2227
TELEPHONE (813) 5<11-6671
FAX (813) 545-2808
A. The Trustee shall collect the proceeds of any life insurance policies payable to the Trustee
and shall hold the proceeds together with any additional property added to this Trust from any source.
Any insurance proceeds and property shall constitute the assets of the Trust.
B. The Trustee shall pay to the Personal Representative such amounts 88 the same shall
certify 88 necessary.
C. No interest hereunder shall be transferable or eAA1gJ"Ahle by any beneficiary or be subject
during his or her life to the claim of his or her creditors.
D. Upon the death of any beneficiary, any income then accrued or undistributed shall be held
and accounted for or distributed in the same manner 88 if it had been income accrued and received
before said beneficiary's death.
E. Upon the Grantor's death, all remAining principal and any undistributed income of
Grantor's Trust shall be distributed 88 follows:
1. Grantor's home, commonly known 88 'l92O T .......Jvwe Drive, Cobv <:'Awe,
~ 1l~ County, FImida 34222, together with all furniture, furniAhingJ'l and contents thereo~
including all tangible personal property not otherwise specifically given to a beneficiary in Grantor's
Separate Writing to her Last Will and Testament, shall be distributed to Grantor's daughter,
JACQUELINE K. COYLE, per stirpes.
2. Grantor's Successor Trustee shall pay all exI>eJlSeS incidental to settling this
Trust and all remAining principal and any undistributed income shall be distributed to Grantor's children,
GEORGE W. L1.'rl'LE, JIl, JACQUELINE K. COYLE and WILLIAII T. L1.'rl'LE, equa1ly, share and
share alike, if living. If any of Grantor's children shall not survive Grantor, his or her share shall be
distnouted to his or her lineal descendants, per stirpes, if any, and if none, to Grantor's other two
children, equa1ly, share and share alike, per stirpes.
F. In the event any share or part of the principal of the trust property hereunder sball,
pursuant to the provisions hereo~ become payable outright to a person, who, at the time when payment
8
F. M. WELLS. JR.
ATTORNEY AT LAW
.1111 PARK STREET NORTH
ST. PETERSBURG. FLORIDA
33709-2227
TELEPHONE (813) ~1-6671
FAX (813) 5045-2808
is herein directed to be made, is not of the age of thirty-five (85) years, the same shall vest absolutely
in such person subject to the terms and conditions contained in this Article, and be his or her property
and the Trustee shall hold such share or part, accrue and distribute the principal and the income as
hereinafter provided, until such beneficiary attains age thirty-five (85). Income and principal shall be
distributed as follows:
1. Until the beneficiary attains eighteen (18) years of age, the Trustee shall have
sole discretion in determining what, if any, income and/or principal is distributed to or for the benefit of
such beneficiary of this Trust.
2. After the beneficiary attains eighteen (18) years of age, the Trustee shall
continue to have discretion in determining the amount of income and/or principal to be distn"buted to or
for the benefit of such beneficiary. If all of the net income of his or her share of the Trust is not
distributed to or for such beneficiary's benefit, the remAining net income I of such share shall be
reinvested and added to his or her share of the principal of the Trust.
8. When the beneficiary attains the age of twenty-five (25) years, one-third (1/8)
of the principal and any undistributed income of his or her share of the Trust shall be distributed to the
beneficiary. All of the net income of his or her share of the Trust shall be distributed to this beneficiary
on a monthly or quarterly basis, or in more frequent installments, until he or she attains the age of thirty
(80) years.
4. When the beneficiary attains the age of thirty (80) years, one-half (1/2) of all
J"P-mAining principal and any undistributed income shall be distributed to this beneficiary. All of the net
income of his or her share of the Trust shall be distributed to this beneficiary on a monthly or quarterly
basis, or in more frequent installments, until he or she attains the age of thirty-five (35) years.
5. When the beneficiary attains the age of thirty-five (35) years, the Trust shall
terminate as to this beneficiary and all assets (principal and any undistributed income) held in trust for
such beneficiary shall be distributed to this beneficiary. If the beneficiary dies before attaining the age
9
.
F. M. WEllS, JR.
ATTORNEY AT LAW
~01 1 PARK STREET NORTH
ST. PETERSBURG, FLORIDA
33709-2227
TELEPHONE (813) 541-6671
FAX (813) 545-2808
of thirty-five (85) years, then the balance held in trust for such beneficiary shall pass to his or her lineal
descendants, per stirpes.
6. The Trustee shall have the power and authority to make and implement
discretionary decisions regarding all matters concerning the beneficiary including but not limited by this
reference to matters concerning health, maintenance, support, and education.
7. The Trustee shall have the further discretionary power, with resPeCt to any
beneficiary who bas not attained the age of thirty-five (85) years, to distribute such ben~riRpY's share
of this Trust to the beneficiRl"Y at any time after age eighteen (18), when, in the Trustee's sole judgment
and discretion, the Trustee decides that the beneficiary is capable of competently mRnRg;ng his or her
share of the Trust free of the Trustee's control or supervision.
IN WITNESS W~F, HlS-'rrlS D. Ll'.l'TLE, as the Grantor and original Trustee, bas set her
hand and seal.
~ ,I. ?btz
. L1.'.l'TLE
GrantoI' aod Trustee
W1TNES8E8:
Manatee County, Florida
Manatee County, Florida
STATE OF FLORIDA
COUNTY' OF MANATEE
The foregoing instrument was acknowledged before me this :l ,p day of
/n~ ' 1996, by HlS'rrlS D. LITTLE, who is personally known to me
or bas produced: <;L (J L as identification, and who did take an oath.
~a~~~J~
Public
My CommiAEdon Expires:
..4'P~L tM.AN R. WtI111ER
IW... J" MY COMMISSd' cc 2711&4
!*{ ~ EXPIPS: Ap1t11. 1.
~ 80ndId 1l1'li.... PutlIc \JIdIIMMII
..'
10
.
SCHEDULE -A-
F. M. WELLS, JR.
A HORNEY AT LAW
41U 1 PARK STREET NORTH
ST PETERS8URG. FLORIDA
33700-2227
TELEPHONE (813)541-6671
FAX (813) 545.28Oa