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HomeMy WebLinkAbout02-09-07 IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 1983 of 1965 r-,,) ESTATE OF FRANK F. DAVENPORT, JR., : Deceased j'-) '':'''' I ~~:) PETITION FOR THE APPOINTMENT OF SUBSTITUTE TRUSTEE <cO TO THE HONORABLE, THE JUDGES OF SAID COURT: r....) ,-" "-....~. The Petition of Ramsey Davenport represents that: 1. Your Petitioner is an adult individual residing at 5511 North Front Street, Harrisburg, Dauphin County, Pennsylvania. 2. Frank F. Davenport, Jr. died May 26, 1965 leaving a Will duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania, which Will appears in Will Book 757, Page 5, a true and correct copy of which is attached hereto as Exhibit "A." 3. Item V of the Decedent's Will created a Trust for the benefit of his wife, Suzanne B. Davenport, for life with remainder to his children, Ramsey B. Davenport, David S. Davenport, Debra Davenport, and Frank F. Davenport, III. 4. Under Item XI of the Decedent's Will, the Decedent appointed H. Haskell Davenport, III, Central Trust Company, and Suzanne Bieri as Trustees of the aforesaid Trust. 5. H. Haskell Davenport, III, declined to serve as Trustee. 6. Wachovia Bank, N.A., is successor by merger to Central Trust Company. 7. Suzanne B. Davenport is now known as Suzanne B. Bieri. 8. Your Petitioner is a beneficiary of the aforesaid Trust and is attorney-in-fact for his mother, Suzanne B. Bieri, pursuant to a Power of Attorney dated September 3, 1997. 9. The names and addresses of all persons having any interest in the Trust estate are as follows: Suzanne B. Bieri, widow of the Decedent Country Meadows Retirement Community 4831 Trindle Road Mechanicsburg, PA 17055 Ramsey B. Davenport, son of the Decedent 5511 North Front Street Harrisburg, PA 17110 David S. Davenport, son of the Decedent 145 Neperan Road Tarrytown, NY 10591 Frank F. Davenport, III, son of the Decedent 93-843 Awanei Street Waipahu, HI 96797 Debra Davenport, daughter of Decedent 18 South 17th Street Camp Hill, PA 17011 10. Suzanne B. Bieri has resigned as Trustee as she is no longer able to carry out her duties. Her resignation is attached hereto as Exhibit "B" 11. As a result of Suzanne B. Bieri's resignation, there is a vacancy in the Trust. 12. Your Petitioner desires to be appointed as successor Tustee to his mother since your Petitioner has served as his mother's attorney-in-fact for many years and as such was intimately familiar with her desires regarding the investment policy the Trust and distributions of principal. 13. The consents to the resignation of the Trustee and to the appointment of your Petitioner as Co-Trustee by Wachovia Bank, David S. Davenport, Debra Davenport, Suzanne Bieri and Ramsey B. Davenport are attached hereto as Exhibits "C," "0, "E," "F" and "G," respectively. 14. The acceptance by the proposed Trustee is attached hereto as Exhibit "H." 15. Frank B. Davenport, III has not consented to your Petitioner's appointment. The Petitioner prays Your Honorable Court to approve the resignation of Suzanne B. Bieri as Co-Trustee and appoint Ramsey B. Davenport as Co-Trustee in her place. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: --tf:t(l /)/2it;;;;{/ Richard W. Stewart Attorney I.D. No. 18039 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Ramsey B. Davenport :289121 VERIFICA TION I, RAMSEY B. DAVENPORT, the Petitioner in the foregoing Petition for the Appointment of Substitute Trustee, have knowledge of the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification authorities. ~_._.... ....._/ . . I " /Ji /) /' . \tVrNY? lyJ- 'If~ RAMSEY s(DAVENP<1RT I my father before their wedding January 2D, 1895, William and Phyllis, my nephew and niece, Ada Rider, my sister the choice of something they want as do not know their desires. Robert M. Hykes, Jr. is to he the Executor of my Estate. i. i .~~ LUELLA R. HYKES I June 30, 1956. l1itnesses: ~RS. HELEN S. SMITH MRS. R. LEE IIOCKERS'IITH I I,.,.,., I I Robert M. Hykes, Jr. and Ada H. Rider sworn on the 2nd day of ,June A. D. 1965. ADJUDICATION AND NOW, TO WIT: On the 3rd day of June A. D. 1965, after due hearing and proof according to law, the foreging instrument of writing is duly admitted to Probate as the Last Will and Testament of Luella R. Hykes, deceased. Ordered to be recorded as such I and filed of record in this Office. JOHN W. 'KMILLAN. JR. REGISTER. **********************************:**************************************************~* LAST WILL AND TESTA'IENT OF · . FRANK F. DAVENPORT, JR., DECEASED:' *********************************** I, FRANK F. DAVENPORT, JR., of Susquehanna Town- ship, Dauphin County, Pennsylvania, being of sound mind, memory and understanding, do m ke, I publish and declare this as and for my Last Will and Testament, hereby revoking and making null and void any and all wills, codicils, or writing in the nature thereof, by me at any time heretofore made. 1 TE'l 1. I direct my Executors, as soon as conveniently may be after my decease, to pay all my just debts and funeral expenses. ITE!,I I I . give, devise and bequeath unto my ,dfe. Suzanne B. Davenport, all my tangible personal property. Should my said wife predecease me, then the property devised in this Item shall go to and invest in my children, share and sllare alike, the issue of any deceased child being entitled to the parent's share. In the actual distribution of this property to my children, my Executors, hereinafter named, shall adhere to a schedule which I shall file with this my Last Will and Testament. ITEM III. If my ,dfe Suzanne B. Davenport, survives me, I direct my Executors to divide all the rest, residue and remainder of my estate, of every nature, kind and I description, whether real, personal or mixed, and wheresoever situate, into two parts, I the amount of the principal of my residuary est~te which is to be allocated to each par to be determined in the following manner: A. The first part (hereinafter referred to as "Fund A" shall be equal to one-half (1/2) of my adjusted gross estate as finally determined for Federal Estate Tax purposes, less (1) the value, as finally determined for Federal Estate Tax purposes, of all legac'es hereinbefore made to my wife, and (2) the value, as finally determined for Federal Esta e Tax purposes, of any property included in my Adjusted Gross Estate, payable to or passi g to my liife otherliise than under this my Last Will and Testament. B. The second part shall be equal in value to the full amount of my residuary est te, as finally determined for Federal Estate Tax purposes, less the amount of "Fund A", as hereinbefore determined. All of the remaining assets of the second part, after payment of Transfer Inheritance and Estate Taxes, as hereinafter directed, shall comprise the asse s b ITHI IV. All of the assets of "Fund A", as described .. .... .., · ....... . ".l. devise and bequeath unto my wife, Suzanne B. Davenport. ITE!ll V. All of the assets of "Trust B", as described in Item III B hereof, I giv , devise and bequeath unto my Trustee. l1ereinafter named, in trust, nevertheless, for th following uses and purposes: A. For convenience of description, but not necessarily for the purpose of manage ent, the Trust Estate herein created shall be regarded as dIvided into as many equal shares as there are children of mine, and issue of any deceased child or children of mine, surviving me, the issue of any such deceased child to count one share. I hereby direc DJ; II my Trustee to distribute the income and / or principal of the said Trust Estate in the following manner,to wit: 1. To pay over the entire net income from time to time arising therefrom, during the continuance of the trust, in convenient installments as follows: (al Unto my wife, Suzanne B. Davenport, for and during the term of her natural life, (bl Upon the death of my said Nife, then unto each of my chi Idren, and the issue of each deceased child of mine, surviving me, per stirpes and not per capita. 2, Upon the death of any of any of my children "ithout leaving issue, or of all the issue of any deceased child of mine, during the continuation of the trust, insofar as that share is concerned, the portion of the income and/or principal to Nhich the beneficiary or beneficiaries would have been entitled shall be distributed to the othe beneficiaries of the trust in the same manner as their respective shares shall be dis- tributed or shall have been distributed. Upon the death of any of my children leaving I issue during the continuation of the trust, such issue shall take that child's share in the same manner as if that child had predeceased me leaving to survive him or her issue living at the time of my death. 3. In addition to the payments of income as hereinbefore provided, my Trustee is directed, in its discretion, to use and apply snch portion of the principal of the Trust Estate as may be necessary or required for the maintenance, support and general Nelfare of my said wife and/or children, or their issue, or for the education of any of my said children, or their issue. All such payments may be made by my said Trustee to my said wife, or may be applied directly. 4. The Trust Estate herein created shall cease, end and determine upon the death of my said wife, Suzanne B. Davenport, and upon the attainment of the age of twenty on years by each of my said children, insofar as the share of that child is concerned, and I my Trustee is directed to pay over to said child, his or her share of the Trust Estate, as hereinbefore created in Paragraph A, less any credits due to advancements made pursuant to Paragraph 3 hereof. The Trust fist ate herein created shall cease, end and determine upon the death of my said wife, Suzanna B. Davenport, and upon the attainmen of the age of twenty one years by each of the issue of any of my deceased children, in- sofar as the proportionate share of any such deceased child is concerned, and my Trust e is directed to pay over to each of said issue, his or her per stirpes share of his or her deceased parent's share. I ITS'1 VI. If my Nife, Suzanne B. Davenport, does not survive me, give, devise and bequeath the rest, residue and remainder of my estate, of every nature, kind and description "hether real, personal or mixed, and 1'Iheresoever situate, unto my Trustee, hereinafter named, in trust, nevertheless, upon the terms and conditions set forth for ITE~1 VII. t.-ty TTUS tee tin '" '""" "" re, ,,,",, ,,"m h."b, "''''', ,h,n J, the following powers and be subject to the following duties and restrictions in additio Ii ~. n to any others herein given or imposed: I ^. In making payments of income from any share held in trust hereunder to any beneficiary who is a minor, My Trustee is llereby authorized and directed to make such payments, or any pa.rts 'thereof, to others, without the intervention of a guardian, for the use and benefi t of such minor, for his or her maintenance, comfort, general \...e ifaTe, !Jducation and support, durin/: ,inority, with the same and as full right, power and auth- ority as if my Trustee has been appointed the legal guardian of such minor; the receipt of any person having legal custody of each of such minors shall be a sufficient release ~',.- 'j . I for my Trustee. In its discretion, my Trustee may make any such payments direct to su minor after he or she shall have attained the age of fifteen years, and his or her receipt therefor, even though he or she is a minOT, shail be sufficient voucher ror my Trus tee. I B. Notwithstanding any other provisions to the contrary herein contained, authorize my Trustee to apply the income to which any beneficiary may be entitled, and without any liability for so doing, for the maintenance and support of any beneficiary during such periods as he or she, by reason of illness, age or any other cause whatsoe er may be incapable of properly receipting for or disbursing thesame; also on behalf of such beneficiary, and without any liability for so doing, to apply such income for the I maintenace and support of the members of his or her immediate family during such perio s. C. To retain all or any part of my property, real, or personal, constituting the respective trust estates, for such time as in its judgment seems best, and witll0Ut any liability therefor. n. To sell, either at public or private sale, all or any part of the property realor personal, at any time constitutin~ the respective trust estates, at such time 0 times, for such price, and on such terms and conditions as in the judgment of my Trust e will be for the best interest of the trust estate. E. To invest, reinvest and keep invested in such stocks, bonds or other securi ies, as my Truste~ may select, all moneys coming into its possession as a part of the princ- pal of the respective trust estates, without regard to whether the same shall at the time of such purchase, or any time during the period the same are held, be in the form and character permitted by law as proper for the investment of trust funds. F. To divide the principal of the respective trust estates into parts or share whenever necessary for purposes of administration, distribution or otherwise, and to I make such distribution in kind, or partly in kind and partly in money. The judgment of my Trustee concerning the values for the purpose of such division or distribution shall be binding and conclusive on all parties interested therein. G, tJpon the termination of the respective trust estates, direct my Trustee I to account for its administration to the beneficiaries and to make all necessary conveyances, transfers and assignments for the purpose of perfecting the legal title thereto into the ultimate beneficiaries, and my Trustee shall be thereby discharged l'Iithout any application to, or action by, any court. H. ^ll the principal and income of the respective trust estates and all pay- ments therefrom, shall, to the fullest extent permitted by la<<, be free and clear of all debts, contracts, engagements, alienations and anticipations of any beneficiary hereunder, so that the same shall not be liable to any levy attachment, execution or suquestration. B I TE'! VI II . ell rect my Executors to payout of that portion of the principal of my estate described in Item III B, all transfer, inheritance and estate taxes that may he due the Commonwealth of Pennsylvania. other states, or the United States upon any bequests and devises herein made. whether of principal or income, on all property pasSi/g otherwise than under this my Last Nill and Testament, and on the proceeds of any insura ce policies or annuity contracts payable upon my death, so that the same may be paid in fu without deduction for such taxes. and that no taxes shall be required to be paid by the recipient of any property passing by reason of my death. ITE'1 IX. hereby authorize my Executors and Trustee to lease, morta~age. sell an convey, all or any part of my estate (except such thereof as is specifically disposed 0 to borrow money, to execute and renew notes or other evidences of indebtedness, and to pledge assets of the estate as security therefor in such manner, at such time, for such considerations, and on such terms and conditions as the)' shal! deem proper, whether for the payment of debts, taxes, or for putting into effect any of the provisions hereof. I'rE'l X. I hereby constitute and appoint my wife, SUZANNE B. DAVENPORT, and CENTRA TRIIST [OrlPANY, HARPISBlmG, PA., As Executors of this my Last !Hl! and Testament. ITEM Xl. 1 hereby constitute and appoint my brother H. HASKELL DAVENPORT, III, [ENTRAL TRIIST CO'IPANY, HARRISBURG, PA., and my wife, SUZANNE B. DAVENPORT, as Trustees of the Trusts created in this my Last Nill and Testament, which said Trustees have here n- before heen referred to as my Trustee. 1 further direct that no compensation shall be paid to my said wife for her services as Trustee. IN NITNESS IVIIEREOF, I, FRANK F. DAVENPORT, JR., have hereunto set my hand and seal to this my Last Nill and Testament, consisting of this and the seven preceding sheets, this~day of October , 1952. FRANK F. DAVENPORT, JR. (~EAL) Signed, sealed, published and declared as and for the Last Nill and Testament of the Testator in our presence t toJ'ho in his presence, and in the presence of each other~ and at his request, have hereunto set our hands as subscribing witnesses thereto. 2'pENCER r.. IlAU l.!.LE.~UrREET, HARRISBURG,PA. RALPIl W. BOYLES, JR. 3011 LOCUST LANE, P~OK, PA. Spencer G. lIall and Ralph N. Boyles, Jr., sworn on the 3rd day of June, A. D. 1965. ADJUDICATION AND NON, TO WIT: On the 3rd day of June, A. D. 1965, after due hearing and proof according to law,the foregoing instrument of writing is duly admitted to Probate, as the Last Will and Testament of Frank F. Davenport, Jr., deceased. Ordered to be recorded such and filed of record in this Office. JOHN N. '1CHILLAN, JR. REGISTER. ***********************************************~************************************** LAST WILL AND TEST NlENT OF . RUSSELL 'lITCIIELL REINARD, DECEASED:. ************************************ 1. RUSSELL 'HTCIIELL REINARD. of 1807 Letchwort Drive, flighland Estates, in the Borough of Camp IIi 11 , County of Ctlmberland and State of Pennsylvania, do make, publish and declare this to be my last Nill and Testament, herehy revoking and makin8 void any and all former wills by me at any time heretofore made. If~ ~li1.k'...i... .. I~ I I I IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF FRANK F. DAVENPORT, JR., : ORPHANS' COURT DIVISION NO. 1983 of 1965 Deceased RESIGNA TION I, SUZANNE B. BIERI, do hereby resign as Co-Trustee of the Trust created under the Last Will and Testament of Frank B. Davenport, Jr., Deceased. Dated: rebrCA{AI~ to , 2007 ,I ,--- Dated: Ire bruo (~ L." 2007 ~~~/ SUZANNE B. IERI by her attor~Y-in-fact RAMSEY B. AVENPORT EXHIBIT "B" IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF FRANK F. DAVENPORT, JR., : ORPHANS' COURT DIVISION NO. 1983 of 1965 Deceased CONSENT WACHOVIA BANK, N.A. hereby consents to the resignation of Suzanne B. Bieri as Trustee and to the appointment of Ramsey B. Davenport as the Substitute Trustee. Dated: '/l7 ,2007 WACHOVIA BANK, N.A. '1 .) B,(~~-r,lJ- ~~,..s.-fttJl-f (jicef>/..;:>S,;/'C{P(,(.-J Exhibit "e" IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF FRANK F. DAVENPORT, JR., : ORPHANS' COURT DIVISION NO. 1983 of 1965 Deceased CONSENT I, DAVID S. DAVENPORT, hereby consent to the resignation of Suzanne B. Bieri as Trustee and to the appointment of Ramsey B. Davenport as the Substitute Trustee. Dated: rJrq I ,2007 DAf/l:f~AVENPORT Exhibit "0" IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF FRANK F. DAVENPORT, JR., : ORPHANS' COURT DIVISION NO. 1983 of 1965 Deceased CONSENT I, DEBRA DAVENPORT, hereby consent to the resignation of Suzanne B. Bieri as Trustee and to the appointment of Ramsey B. Davenport as the Substitute Trustee. Dated: ~. 2007 ~~~~ DEBRA DAVENPORT Exhibit "E" IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF FRANK F. DAVENPORT, JR., : ORPHANS' COURT DIVISION NO. 1983 of 1965 Deceased CONSENT I, SUZANNE B. BIERI, hereby consent to the resignation of Suzanne B. Bieri as Trustee and to the appointment of Ramsey B. Davenport as the Substitute Trustee. . l Dated: /-\;J 1 ,2007 RI I.i , . dA.~' !) , / / ,"<" -, '1" /1 ./-'" ,,~ /~'l '- ,/41",-..4 'I,' <j1 " ,".X-/) '/( ,," ;:)("1/ / / i Dated: / - d 1 , 2007 :::r-~ .'Y-.., ~.' "-. ,/ ,IV ( Exhibit "F" IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF FRANK F. DAVENPORT, JR., : ORPHANS' COURT DIVISION NO. 1983 of 1965 Deceased CONSENT I, RAMSEY B. DAVENPORT, hereby consent to the resignation of Suzanne B. Bieri as Trustee and to the appointment of Ramsey B. Davenport as the Substitute Trustee. Dated: /;;bn){lt Ct L., 2007 Exhibit "G" IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF FRANK F. DAVENPORT, JR., : ORPHANS' COURT DIVISION NO. 1983 of 1965 Deceased ACCEPTANCE BY PROPOSED TRUSTEE I agree to accept the appointment as Trustee of the Trust under the Last Will and Testament of Frank B. Davenport, Jr., Deceased. Exhibit "H"