HomeMy WebLinkAbout02-22-05
In re: Joseph D. and Janl'W, Brenner Trust
No. 21-2003-879
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
In re: Jane W. Brenner Trust UWO "B"
No. 21-2003-881 v
ORPHANS' COURT DIVISION
In re: Jane W. Brenner Trust UWO "c"
No. 21-2003-881 /
No. 21-2004-087
In re: Nancy B. B1ake1y/,
No. 21-2003-883
'1
OBJECTION OF RESPONDENT MANUFACTURERS & TRADERSlJRUST ..
COMPANY t/d/b/a M&T BANK., TO AUDITOR'S REPORT AND 0
RECOMMENDATION ("R & R") FILED FEBRUARY 10.2005
1. M&T Bank, the prevailing party in this litigation, objects to the Auditor's
conclusion of law #5: "M&T is not entitled to recover the costs of its defense in these matters."
R & R, page 27.
2. This conclusion is fundamentally inconsistent with every other finding and
conclusion contained in the Auditor's R&R (which completely exonerated M&T of the Brenner
Family's allegations). This conclusion is also contrary to controlling law (which had been cited
to the Auditor), including, specifically, Coulter Estate, 379 Pa. 209, 108 A.2d 681 (1954).
3. In stark contrast to the Auditor's otherwise painstakingly thorough analysis, no
discussion, analysis or reasoning is offered for the refusal to reimburse the trustee for the costs
incurred in defending against this unsuccessful surcharge action, which litigation was predicated
upon actions taken by M&T as trustee in order to preserve and protect Trust property.
4. Pennsylvania case law has consistently recognized a trustee's rights to be made
whole for such defense costs for well over a hundred years. See,~, Biddle's Appeal, 83 Pa.
340 (1877).
WHEREFORE, M&T respectfully requests that the Court reject conclusion oflaw
#5 (only), and allow M&T to present its defense fees and costs to the Court for reimbursement
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02J21/05/SLl 516649vl/66255.037
from the Trust corpus. M&T respectfully requests that the Court otherwise accept the R&R in its
entirety, and confirm M&T's accounts as recommended by the Auditor.
Respectfully submitted,
Date: February 22, 2005
STE~
Mark D. Bradshaw, Esquire
Supreme Court J.D. #61975
4750 Lindle Road
P.O. Box 11670
Harrisburg, PA 17108-1670
(717) 561-5258
Attorney for Respondents
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02/21/05/SLl 516649vl/66255.037
In re: Joseph D. and Jane W. Brenner Trust
No. 21-2003-879
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
In re: Jane W. Brenner Trust UWO "B"
No. 21-2003-881
ORPHANS' COURT DIVISION
In re: Jane W. Brenner Trust UWO "C"
No. 21-2003-881
No. 21-2004-087
In re: Nancy B. Blakely
No. 21-2003-883
CERTIFICATE OF SERVICE
I, Mark D. Bradshaw, Esquire, hereby certify that I caused a true and correct copy
of the foregoing Objection to be served upon the following counsel of record via First Class
Mail, postage pre-paid, addressed as follows:
William F. Martson, Esquire
Tonkon Torp, LLP
1600 Pioneer Tower
888 S.W. Fifth Avenue
Portland, OR 97204-2099
Date: February 22, 2005
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02/21/05/SLl 516649vl/66255.037