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HomeMy WebLinkAbout79-0173IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION IN RE: ESTATE OF MARGARET S. DELMOTTE NO. 21-79-173 PETITION FOR APPOINTMENT OF TRUSTEE PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEES AND NOW, this day of nv (~, comes the Petitioners, Norma Dyer Otstot and Albert Edwin Dyer, by their Attorney, ~ ne G. Radcliff, Esquire, and file this petition for Appointment of Successor Trustees and represent that: 1. Your Petitioner, Norma Dyer Otstot, is an adult individual residing at 2-C Round Ridge Road, Mechanicsburg, PA 17055 2. Your Petitioner, Albert Edwin Dyer, is an adult individual residing at 414 Brandy Lane, Mechanicsburg, PA 17055. 3. Your Petitioners are the grandchildren of the decedent, Margaret S. Delmotte, (hereinafter the "Decedent"). 4. The Decedent died on July 4, 1979, leaving a Last Will and Testament dated February 3, 1964 which was duly probated in the above referenced file (hereinafter the "Will"). A true and correct copy of the said Will is attached hereto, marked Exhibit "A" and made a part hereof. 5. In the Will, the Decedent left her residuary estate to her Trustee in trust under the following pertinent terms and conditions as is more fully set forth in the Will attached hereto as Exhibit "A"(hereinafter the "Trust"): A. The Decedent's daughter, Dorothy D. Dyer was appointed Trustee. B. Ninety percent (90%) of the income was to be used for the benefit of the Decedent's daughter, Dorothy D. Dyer. C. Ten percent (10%) of the income was to accrue. D. Upon the death of Dorothy D. Dyer, the trust is to terminate and its assets be distributed to the Decedent's grandchildren, Nornla Dyer Otstot and Albert Edwin Dyer, the Petitioners herein 6. The net assets of the Decedent's Estate were distributed to the said Dorothy D. Dyer as Trustee as evidenced by the Proposed Schedule of Distribution , a true and correct copy of which is attached hereto, marked Exhibit "B" and made a part hereof. 7. The Will did not provide for a successor trustee upon the death of the trustee, Dorothy D. Dyer, but did designate the Petitioners as the successor executors upon her death. 8. The said Dorothy D. Dyer died on September 26, 2003, survived by her two children, the Petitioners herein and the residuary beneficiaries of the Trust. 9. The assets of the Trust currently consists of a bank account, a parcel of real estate and some stock that need to be distributed to the Petitioners in accordance with the terms of the Testamentary Trust. 10. The termination of the Trust and the distribution of the trust assets to the Petitioners as provided in the Trust cannot occur unless and until a successor trustee is appointed. 11. As the Petitioners are the grandchildren of the Decedent and the sole residuary beneficiaries of the Trust, it is appropriate that they be appointed as successor trustees so that they can distribute the trust assets to themselves in accordance with the terms of the Trust and a request is made therefor. WHEREFORE, Petitioners respectfully request this Honorable Court to enter an order appointing the Petitioners as the successor trustees of the Trust created under the Last Will and Testament of Margaret S. Delmotte dated February 3, 1964 and authorizing them to terminate the Trust and distribute the net remaining assets and any accumulated income of the Trust to the Petitioners as the residuary beneficiaries thereof in accordance with the Trust created under the Last Will and Testament of Margaret S. Delmotte dated February 3, 1964. Respectfully submitted, D DCLIFF, ESQUI E 3 Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Petitioners VERIFICATION I, Norma Dyer Otstot, verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. '~. ~" C~~~~ Norma Dyer Otstot, Petitioner Date: ~__~~ G~ VERIFICATION I, Albert Edwin Dyer, verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~. Albert Edwin Dyer, Petitioner Date: r/,2E~~/© EXHIBIT "1~" LAST WILL AND TESTAMENT QF DOROTHY S. DELMOTTE I.~sm 1•r?~.1, :i4D ~s...t~~; 0'i x^~.~~a~.r,~,~ s DE~.:so~r . :iy 1~.+.vt~ET S. DC.:.iiOTTE, Of the B®T01ipi1 of Cawp Eill, County of Cix:.:beriaad, and State of Pennsylvania , bein„ o~ ooi.ir.d wind, .~. eu+Ory and li'.lder~tai3din~, do make old pt±blGi3 tiwcJ :ay ++aZt Will ai3d :esta:aent, S1eY•Gjy reVOkli3g nwy ::r.d al will or wills by me at anytiWe heretofore made. ^) ' ~ As to ;,uch estate as iC haCh pleased God Co ' ) "'!~. `~ entrust me wit.., Z dispose of i.l ma:3ner sa follows: .~ ,t' 1. T direct ;,iy Executrix, or E:;ecutora, he-.oin- c, ~~( after named to pay ay sad ali of my just debts and funeral ezpenacs ~t as soot. as co; ve nic:atiy Way be a~tes my decease. ~~ 2. All of t:.e teen, residue and re,uainder of my ~; eatato, real, peraor.al sad zaixed', of whatsaever nature and ~ G~'~'~ ws .ereaoeve-r situate at the time of ray decesae, I give, devise ~ and bequeath to my Tra~tee 'siereiraFtor na..ed is Cruet, for iae folioe~in;; u5as ar,d pixrpcaeas f-.~, (;;} To invest in ail forma ofp-coperL•y, includin;; stocks, toads and Wo:tganes, and in any such ir.veat::.e t as is aut'~.orized for Ponaaylvania Fiduciaries. (b) To use ninety (90~.) per cent of the income as it may accrue srom time to time for the Wupport and welfare of my daughter, Dorothy DeImoCCa Dyer, sad te.l (30/) per cent of the income as iL- may accrue from time to time for the support and welfare of my grundchiidren, Noi'zaa Dyer Otstot and Albert Edwin Dy~_. (c) The intarcct of tiio baaa.iciariom horoundnr shall :lot bs oub,yelct to sanCicipation or Co volunCc-ry or involunCery rali.oneation. (d) U,>ota the dwaCh oL• xuy daufll~Ce,r, f..>o~:othy Dalt:~oetcm Dyer, raid TrumC ~uhall tcarminatw, and its aacnCa -1- .. ~, S. , i i ~ ':i. i. ' ~ diatribtit2.Ci t6 ny ~':3:+dCililU~c:ii' 1V'O-:.:ea 17JE:ti `~C'JtO~. ~. :.:.d ail~s'rt Gi1W YTa Dyery t0 th2~, to elr heirs i+~4.d asai0'>^.s, in e3 sin:pie estate, share gild 3haYe aii1CC• Za the evc~lt that ei~l;e, o: both aF my paid Grar.d- children eh;11i die prior to the tei~ination of this Trust, the^, and ill that aveat, the asaoza ai tl;in T:-ust shall oa diaiributed to their issue ?er st::.pca. 3, ~ nominate, constitute and appoint my daughter, Dorot .~ i2lmatte Dyer, Elecatriz of thin ..uy last r7i11 and 'Seataien:. and Trustee, and Guarda~~ of my estate which may pads Co any r~:.nor ` children, and upan her deceased the:; r nominste, cc::atituCe ,:nd appoint ray ss.id graadcl:ildren, :Norma Dyer Otetot and ;lberz Edwin Dy~_, E'.eCatO:o o% tll; s my :.sat viii and Test.~:mert. 1iV ~ti11'~%5$ 4!',L.Iv'uvl ~ 1 ilaVE ile"r eilnta soC Fuy hand and teal ~.,ia T,ird day c~ 'ecr~:ary, 19x4. W1iNu$$%aS !. v C ~-~ , U _~- i ~,, EXHIBIT. "B" PRCIPOSED DISTRIBUTION SCHEDULE :~ IN TI-~ COU~2T OF CO~ti'/1ON PLEAS OF CUi~'Il3FRLAND COUNTY, PENNSYLVANIA ESTATE OF 1~iARC,A.cru' T S . DELMOTTE , Deceased OP~Ph.ANS' COURT DIVISION N0. 21-79-173 SC:~DULE OF PROPvSED DISTRIBUTION IN R;: Co-Inbined Balance for Distribution as per First and Final Account $ 1,943.97 Distribution: To Dorothy D. Dyer, Trustee under the Last Wi11 and Testament of Margaret S. Delmotte ~ 1,943.97 Distribution of Principal In Kind Distribution: To Dorothy D. ~--;Ter, Trustee under the Last Will and Testament of Margaret S. Delmotte (1) Passbook Savings Account #511-258-6 at 1st Rank F~ Trust Co. of P~echanicsburg X45,000.00 (2) Real Estate consisting of approximately 25 acres of farmland in Londonderry Township, Dauphin County, Pennsylvania, being the remainder of the tract conveyed to Decedent by Deed dated January I4, 1939, recorded in Dauphin County Deed Book "U", Vol. 24, Page 601. Date of death value as per appraisal. X62,500.00 STAT?~7ENT OF THC REASONS FOR THE PROPOSF..D DISTRIBUTION The above distribution is proposed in accordance with the Last Will and (.AVM GFFICES ...A iV D15 & BLACK ...ISLE, PENNSV LVANIA I, Testament of Margaret S. Delmotte. i r ~ ~ ~'~ `;_ ~ Dorothy D. Dy,e'~ I~ U ,~ ;~ '' 11 ~~ I~ CG?~y~i0:~t~r~tl";_,~i-i Or P :V~SLVA\iAj lj SS. ~; COJ~~' 0' C~~~'Si.R1~~~li ) i ~~~' DOROln~' D. D~~i, being duly s~~~ohn according to latia, deposes and says I~ r_i r ~! t"icli, t;ie faCtS 52t lv "t.1 is fife ~~a`t.l:ille:ll. OT fife iZeaSO;~S for the PTOpOSed ~' ~~ Distribution are true and correct. ~~ I Dorothy D. Dyy :y~ lJ U Sworn to and subscribed before me this Iith daY II of November ~, 1980. notary Public ~y ~.Jl:ii~-15:;C17 L•::~i:es MJ;j. 10, 793': ~.GPiiS~_~ ?A - CcmSer;a :~ f:ou~ziq ..:.W OFFICcS "n?.DIS & 6LACK '.ISLE, PENNSYLVANIA 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION IN RE: ESTATE OF MARGARET S. DELMOTTE NO. 21-79-173 PETITION FOR APPOINTMENT OF TRUSTEE ORDER 2~u on consideration of the within AND NOW, this day of ~ P Petition it is hereby ordered and decreed that: 1. The Petitioners, Norma Dyer Otstot and Albert Edwin Dyer, are hereby appointed as the successor trustees of the Trust created under the Last Will and Testament of Margaret S. Delmotte dated February 3, 1964. 2. The Petitioners as Trustees are hereby authorized to terminate the Trust and distribute the net remaining assets and any accumulated income of the Trust to the Petitioners as the residuary beneficiaries thereof in accordance with the Trust created under the Last Will and Testament of Margaret S. Delmotte dated February 3, 1964. In Tes ~ ony set m € of said Coy This 1u~~1day ~~~,~:,~ wherof, I reunto id and t e seal ~a1 isle, PA , `. ~~~' t~fi the Orph~r Cumberland BY THE COURT: