HomeMy WebLinkAbout07-21-06
In re:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Trust Under Will of Warren F. Coolidge
for benefit of Thomas E. Coolidge,
Devyn L. Coolidge, et al.
: ORPHANS' COURT DIVISION
PETITION FOR REFORMATION OF TRUST
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TO THE HONORABLE, THE JUDGES OF SAID COURT:
c:
I. Petitioners are Philip W. Coolidge, 950 Walnut Bottom Road, No. 15243,
Carlisle, Cumberland County, Pennsylvania, and Thomas E. Coolidge, 265 Mooreland A venue,
Carlisle, Cumberland County, Pennsylvania. Petitioners file this Petition in their individual
capacities and as trustees of the Trust Under Will of Warren F. Coolidge for benefit of Thomas
E. Coolidge, Devyn L. Coolidge, et al.
2. Warren F. Coolidge died on July 14, 2001, leaving his Last Will and Testament
duly probated in the Office of the Register of Wills of Cumberland County to file number 21-01-
684. By said probated Will, the late Warren F. Coolidge directed as follows:
3. All of the rest, residue and remainder of my estate, real, personal and mixed. and
wheresoever the same may be situate, I give, devise, and bequeath to my hereinafter named
Trustees, in trust, to receive and to invest the same, with a view to selecting such investments which
will tend to preserve the purchasing power of the corpus consistent with prudent management and
such that the corpus as a whole will yield a reasonable annual income consistent with then prevailing
investment conditions, and to pay the income arising therefrom at least semi-annually but at more
convenient intervals if possible, to or for the benefit of my wife, Eleanor U. Coolidge, so long as she
shall live, and at her death the corpus thereof as then constituted shall be div ided into three (3) equal
shares as follows:
a) One (I) share for the benefit of my son, Philip W. Coolidge, the income from which
shall be paid to him semi-annually until his oldest child shall attain 18 years of age. at which time
the Trust shall be divided into equal shares for each of his then living children and the income from
all of such shares shall continue to be paid to him so long as he shall live, except that from the
principal of the share of any such child of his the Trustees or surviving Trustee may expend from
principal whatever amount or amounts the Trustees or Trustee shall deem reasonable or desirable to
be expended for the proper education of such child of Philip W. Coolidge, provided the then living
parents of such child shall request and approve such distribution from principal. and upon the death
of my son, Philip W. Coolidge. the Trust shall terminate and the amounts then held for the benefit of
each of his children shall be paid as follows: The income shall be paid semi-annually to the person
enti tied to the princi pal thereof and one-third (1/3) of the princi pal thereof as then eonsti tuted shall
be paid to the income beneficiary upon that beneficiary attaining 25 years of age, and upon that
beneficiary attaining 30 years of age one-half (1/2) of the corpus of that beneficiary's share as then
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constituted shall be paid to that beneficiary, and upon the beneficiary attaining 35 years of age the
balance of the corpus of that beneficiary's share shall be distributed but in the event any child of
Philip W. Coolidge for whom an allocation of principal has been made should become deceased
then the share to which such deceased child would have been entitled to receive shall be
immediately paid to or for the benefit of the issue of that child, per stirpes, and if there be no such
issue then to the representative of the estate of that child for distribution in accordance with that
child's will. if any, otherwise to the person or persons entitled to receive the same under the intestate
law of the jurisdiction in which that person was domiciled at the time of his or her death.
b) One (I) share for the benefit of my son, Thomas E. Coolidge, the income from which
shall be paid to him semi-annually until his oldest child shall attain 18 years of age, at which time
the Trust shall be divided into equal shares for each of his then living children and the income from
all of such shares shall continue to be paid to him so long as he shall live, except that from the
principal of the share of any such child of his the Trustees or surviving Trustee may expend from
principal whatever amount or amounts the Trustees or Trustee shall deem reasonable or desirable to
be expended for the proper education of such child of Thomas E. Coolidge, prov ided the then liv ing
parents of such child shall request and approve such distribution from principal, and upon the death
of my son, Thomas E. Coolidge, the Trust shall terminate and the amounts then held for the benefit
of each of his children shall be paid as follows: The income shall be paid semi-annually to the
person entitled to the principal thereof and one-third (113) of the principal thereof as then constituted
shall be paid to the income beneficiary upon that beneficiary attaining 25 years of age, and upon that
beneficiary attaining 30 years of age one-half (1/2) of the corpus of that beneficiary's share as then
constituted shall be paid to that beneficiary, and upon the beneficiary attaining 35 years of age the
balance of the eorpus of that beneficiary's share shall be distributed but in the event any child of
Thomas E. Coolidge for whom an allocation of principal has been made should become deceased
then the share to which such deceased child would have been entitled to receive shall be
immediately paid to or for the benefit of the issue of that child, per stirpes, and if there be no such
issue then to the representative of the estate of that child for distribution in accordance with that
child's will. if any, otherwise to the person or persons entitled to receive the same under the intestate
law of the jurisdiction in which that person was domiciled at the time of his or her death.
c) One (I) share for the benefit of my daughter, Julia E. Stolz, the income from which
shall be paid to her semi-annually until her oldest ehild shall attain 18 years of age, at which time the
Trust shall be divided into equal shares for each of her then living children and the income from all
of such shares shall continue to be paid to her so long as she shall live, except that from the principal
of the share of any such child of hers the Trustees or surviv ing Trustee may expend from principal
whatever amount or amounts the Trustees or Trustee shall (leem reasonable or desirable to be
expended for the proper education of such child of Julia E. Stolz provided the then living parents of
such child shall request and approve such distribution from principal, and upon thc death of my
daughter, Julia E. Stolz, the Trust shall terminate and the amounts then held for the benefit of each
of her children shall be paid as follows: The income shall be paid semi-annually to the person
entitled to the principal thereof and one-third (1/3) of the principal thereof as then constituted shall
be paid to the income beneficiary upon that beneficiary attaining 25 years of age, and upon that
beneficiary attaining 30 years of age one-half (1/2) of the corpus of that beneficiary's share as then
constituted shall be paid to that beneficiary, and upon the beneficiary attaining 35 years of age the
balance of the eorpus of that beneficiary's share shall be distributed but in the event any child of
Julia E. Stolz for whom an allocation of principal has been made should become deceased then the
share to which such deceased child would have been entitled to receive shall be immediately paid to
or for the benefit of the issue of that child, per stirpes, and if there be no such issue then to the
representative of the estate of that child for distribution in accordance with that child's will, if any.
otherwise to the person or persons entitled to receive the same under the in testate law of the
jurisdiction in which that person was domiciled at the time of his or her death, but should she not be
the mother of any living child at the time she becomes entitled to receive the income from the share
allocated for her, then she shall be immediately entitled to distribution of the principal of her share
as follows: One third (113) of the corpus thereof as then constituted at the time she attains 25 years
of age, one-half (1/2) of the remaining corpus thereof at the time she attains 30 years of age, and the
remaining portion of the corpus at the time she attains 35 years of age, but should any child be born
to her after she became entitled to receive the income and before the entire corpus had been
distributed to her, then that child or children shall be entitled to receive the income and eventually
the principal on that portion or portions of the corpus of the share of Julia E. Stolz Vvhich has not
been distributed to her. as hereinbefore set forth.
d) No title in the trust hereby created, or in the income accruing therefrom, or in its
accumulation, or in any share or shares thereof into which it may from time to time be divided, shall
vest in any beneficiary and no beneficiary shall have the right or power to transfer. sign, anticipate,
or encumber his or her interest in said Trust, or the income therefrom, prior to the actual distribution
thereof by the Trustees or Trustee to such beneficiary. Further, neither the income nor the principal
of said Trust shall he liable in any manner, in the possession of the Trustee, for the debts, contracts,
or engagements of any of the beneficiaries.
A true and correct copy of said Last Will and Testament tS attached hereto and incorporated
herein by reference as Exhibit "A".
3. Pursuant to said terms of the Last Will and Testament of Warren F. Coolidge, a
first and final account in the estate was filed and the residue of the estate was distributed to
Eleanor U. Coolidge, Philip W. Coolidge and Thomas E. Coolidge as trustees.
4. The said Eleanor U. Coolidge died on March 24, 2004. Since that time
Petitioners have served as remaining trustees and as trustees have managed the funds in the trust.
After the death of Eleanor U. Coolidge, because the Will created a number of distinct trust
beneficiaries, each to be treated separately from all other beneficiaries, Petitioners have managed
separate trusts for each beneficiary or class of beneficiaries. Because of such distinct treatment,
Petitioners currently manage distinct and separate trusts for each.
5. One of the trusts managed by Petitioners is a trust for the benefit of Thomas E.
Coolidge, Devyn L. Coolidge, and, in certain circumstances, her issue.
6. The said Thomas E. Coolidge is one of the Petitioners herein.
7. The names of all persons having any interest, vested or contingent, in the trust
estate are as follows:
Thomas E. Coolidge
265 Mooreland A venue
Carlisle, Pennsylvania 17013
Devyn L. Coolidge
265 Mooreland A venue
Carlisle, Pennsylvania 17013
8. Petitioners are also the trustees of a trust with identical beneficiaries and nearly
identical provisions created under the Last Will and Testament of Eleanor U. Coolidge, which
Will has been probated in the Office of the Register of Wills of Cumberland County to file
number 21-04-301.
9. To accommodate the future management of the trust, Petitioners believe that it
would be advisable for the Court to reform the trust to grant to the trustees the explicit power to
appoint co-trustees or successor trustees without approval of the court. There is nothing in the
Will which would make the grant of this explicit power inconsistent with the intent of the
Grantor.
10. To further accommodate the future management of the trust, Petitioners believe
that it would be advisable to
(i) appoint co-trustees or successor trustees without approval of the court;
(ii) designate for federal income tax purposes the portion, if any, of the
capital gains realized by the trust during a fiscal year which is to be treated as
principal to be retained as part of the corpus of the trust; and
(iii) disburse from time to time to the income beneficiary of the trust or to
the spouse of such income beneficiary, but only upon receipt of a written request
from such income beneficiary or the spouse of such income beneficiary requesting
such disbursement as being necessary for the health, maintenance and welfare of
such beneficiary or the spouse or immediate family of such income beneficiary,
cash in the amount requested provided, however, that such amount shall not exceed
the difference between (a) the aggregate amount of all income and realized capital
gains of the trust from the commencement of operations of the trust to the date of
disbursement, and (b) the aggregate amount of all previous disbursements of
income and realized capital gains to such income beneficiary during such period of
time.
Said reformation would thereby make the provisions of the within trust identical in all practical
effects to the respective trust created under the Last Will and Testament of Eleanor U. Coolidge,
as such trust is currently proposed to be reformed.
11. To further accommodate the future management of the trust, Petitioners believe
that it would be advisable for the Court to reform the trust to authorize them to manage the
within trust with the respective trust created under the Last Will and Testament of Eleanor U.
Coolidge as one trust with identical beneficiaries, thereby decreasing costs and increasing
efficiencies of administration.
12. To further accommodate the future management of the trust, Petitioners believe
that it would be advisable for the Court to reform the trust to authorize the trustees, in their
discretion, to split the trustee fees between income and principal.
WHEREFORE, Petitioners respectfully request that your Honorable Court reform the
trust as follows:
1. To authorize said trustees to name co-trustees or successor trustees without
further approval of the Orphans' Court.
2. To authorize the trustees to
(i) appoint co-trustees or successor trustees without approval of the
court;
(ii) designate for federal income tax purposes the portion, if any, of the
capital gains realized by the trust during a fiscal year which is to be treated as
principal to be retained as part of the corpus of the trust; and
(iii) disburse from time to time to the income beneficiary of the trust or to
the spouse of such income beneficiary, but only upon receipt of a written request
from such income beneficiary or the spouse of such income beneficiary requesting
such disbursement as being necessary for the health, maintenance and welfare of
such beneficiary or the spouse or immediate family of such income beneficiary,
cash in the amount requested provided, however, that such amount shall not exceed
the difference between (a) the aggregate amount of all income and realized capital
gains of the trust from the commencement of operations of the trust to the date of
disbursement, and (b) the aggregate amount of all previous disbursements of
income and realized capital gains to such income beneficiary during such period of
time.
3. To authorize the trustees to manage the within trust with the trust created under
the Last Will and Testament of Eleanor U. Coolidge as,one trust with identical
beneficiaries.
4. To authorize the trustees, in their discretion, to split the trustee fees between
income and principal.
Respectfully submitted,
Frey & Tiley,
Attorneys for Petitioners
By:
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
We verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904 relating to unsworn
falsification to authorities.
Dated: January 11, 2006
p. ., ~"" ~
Philip ~OOli~
~~ E ~~
Thomas E. Coolidge
LAST WILL AND TESTAMENT
OF
WARREN F. COOLIDGE
I, WARREN F. COOLIDGE, of 365 Walnut Street in the Borough of Carlisle,
Cumberland County, Pennsylvania, being of sound and disposing mind, memory and
understanding, do hereby make, publish and declare this as and for my Last Will and Testament,
hereby revoking and making void any and all Wills by me at any time heretofore made.
1. I direct my hereinafter named Executrix or Executor to pay all of my just debts and
funeral expenses as soon after my death as may be found convenient to do so.
2. All of the furniture and household goods and furnishings located in the house occupied
by my wife and me are owned jointly by us as tenants by the entirety. I give and bequeath to my
wife, Eleanor U. Coolidge, all of my clothing and personal affects and all of my other articles of
personal use and adornment, and all of my automobiles, provided she shall survive me by a period
of ninety (90) days. Should she fail to so survive me, then I give, devise and bequeath the same
to such of my three (3) children as shall survive me by a period of ninety (90) days, to be divided
among them as my Executor shall determine. My three (3) children are Philip W. Coolidge,
Thomas E. Coolidge, and Julia E. Stolz.
3. All ufthe rest, .esidue and remainder of my estate, real, personal and mixed, and
wheresoever the same may be situate, I give, devise, and ,bequeath to my hereinafter named
Trustees, in trust, to receive and to invest the same, with a ,view to selecting such investments
which will tend to preserve the purchasing power of the corpus consistent with prudent
management and such that the corpus as a whole will yield a reasonable annual income consistent
with then prevailing investment conditions, and to pay the income arising therefrom at least semi-
annually but at more convenient intervals if possible, to or for the benefit of my wife, Eleanor U.
Coolidge, so long as she shall live, and at her death the corpus thereof as then constituted shall be
divided into three (3) equal shares as follows: .
a) One (1) share for the benefit of my son, Philip W.Coolidge, the income from
which shall be paid to him semi-annually until his oldest child shall attain 18 years of age, at which
time the Trust shall be divided into equal shares for each of his then living children and the income
from all of such shares shall continue to be paid to him so long as he shall live, except that from
the principal of the share of any such child of his the Trustees or surviving Trustee may expend
from principal whatever amount or amounts the Trustees or Trustee shall deem reasonable or
desirable to be expended for the proper education of such child of Philip W. Coolidge, provided
the then living parents of such child shall request and approve such distribution from principal,
and upon the death of my son, Philip W. Coolidge, the Trust shall terminate and the amounts then
held for the benefit of each of his children shall be paid as follows: The income shall be paid semi-
annually to the person entitled to the principal thereof and one-third (1/3) of the principal thereof as
then constituted shall be paid to.the income beneficiary upon that beneficiary attaining 25 years of
age, and upon that beneficiary attaining 30 years of age one-half (1/2) of the corpus of that
beneficiary's share as then constituted shall be paid to that beneficiary, and upon the beneficiary
attaining 35 years of age the balance of the corpus of that beneficiary's share shall be distributed
but in the event any child of Philip W. Coolidge for whom an allocation of principal has been
made should become deceased then the share to which such deceased child would have been
entitled to receive shall be immediately paid to or for the benefit of the issue of that child, per
stirpes, and if there be no such issue then to the representative of. the estate of that child for
distribution in accordance with that child's will, if any, otherwise to the person or persons entitled
to receive the same under the intestate law of the jurisdiction in which that person was domiciled at
the time of his or her death.
b) One (1) share for the benefit of my son, Thomas E. Coolidge, the income from
which shall be paid to him semi-annually until his oldest child shall attain 18 years of age, at which
time the Trust shall be divided into equal shares for each of his then living children and the income
from all of such shares shall continue to be paid to him so long as he shall live, except that from
the principal of the share of any such child of his the Trustees or surviving Trustee may expend
from principal whatever amount or amounts the Trustees or Trustee shall deem reasonable or
desirable to be expended for the' proper education of such child of Thomas E. Coolidge, provided
the then living parents of such child shall request and approve such distribution from principal,
and upon the death of my son, Thomas E. Coolidge, the Trust shall terminate and the amounts
then held for the benefit of each of his children shall be paid as follows: The income shall be paid
semi-annually to the person entitled to the principal thereof and one-third (113) of the principal
thereof as then constituted shall be paid to the income beneficiary upon that beneficiary attaining 25
years of age, and upon that beneficiary attaining 30 years of age one-half (1/2) of the corpus of
that beneficiary's share as then constituted shall be paid to that beneficiary, and upon the
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beneficiary attaining 35 years of age the balance of the corpus of that beneficiary's share shall be
distributed but in the event any child of Thomas E. Coolidge for whom an allocation of principal
has been made should become deceased then the share to which such deceased child would have
been entitled to receive shall be immediately paid to or for the benefit of the issue of that child, per
stirpes, and if there be no such issue then to the representative of the estate of that child for
distribution in accordance with that child's will, if any, otherwise to the person or persons entitled
to receive the same under the intestate law of the jurisdiction in which that person was domiciled at
the time of his or her death.
c) One (1) share for the benefit of my daughter, Julia E. Stolz, the income from which
shall be paid to her semi-annually until her oldest child shall attain 18 years of age, at which time
the Trust shall be divided into equal shares for each of her then living children and the income
from all of such shares shall continue to be paid to her so long as she shall live, except that from
the principal of the share of any such child of hers the Trustees or surviving Trustee may expend
from principal whatever amount or amounts the Trustees or Trustee shall deem reasonable or
desirable to be expended for the proper education of such child of Julia E. Stolz provided the then
living parents of such child shall request and approve such distribution from principal, and upon
the death of my daughter, JuliaE. Stolz, the Trust shall terminate and the amounts then held for
the benefit of each of her children shall be paid as follows: The income shall be paid semi-
annually to the person entitled to the principal thereof and one-third (1/3) of the principal thereof as
then constituted shall be paid to the income beneficiary upon that beneficiary attaining 25 years of
age, and upon that beneficiary attaining 30 years of age one-half (112) of the corpus of that
beneficiary's share.as then.constitutedshalLbe paid.to tbatbeneficiary, and upon the beneficiary
attaining 35 years of age tbe balance of the corpus of that beneficiary's share shall be distributed
but in the event any child of Julia E. Stolz for whom an allocation of principal has been made
should become deceased then the share to which such deceased child' would have been entitled to
receive shall be immediately pai~ to or for the benefit of the issue of that child, per stirpes, and if
there be no such issue then to the representative of the estate of tbat child for distribution in
accordance with that child's will, if any, otherwise to the person or persons entitled to receive the
same under the intestate law of the jurisdiction in which that person was domiciled at the time of
his or her death, but should she not be the mother of any living child at the time she becomes
entitled to receive the income from the share allocated for her, then she shall be immediately
entitled to distribution of the principal of her share as follows: One third (1/3) of the corpus
thereof as then constituted at the time she attains 25 years of age, one-half (112) of the remaining
corpus thereof at the time she attains 30 years of age, and the remaining portion of the corpus at
the time she attains 35 years of age, but should any child be born to her after she became entitled to
receive the income and before the entire corpus had been distributed to her, then that child or
children shall be entitled to receive the income and eventually the principal on that portion or
portions of the corpus of the share of Julia E.Stolz which has not been distributed to her, as
hereinbefore set forth.
d) No title in the trust hereby created, or in the income accruing therefrom, or in its
accumulation, or in any share or shares thereof into which it may from time to time be divided,
shall vest in any beneficiary and no beneficiary shall have the right' or power to transfer, sign,
anticipate, or encumber his or hl<r interest in said Trust, or the income therefrom, prior to the actual
distribution thereoiby the Trustees or Trustee to such beneficiary. Further, neither the income nor
the principal of said Trust shall be liable in any manner, in the possession of the Trustee, for the
debts, contracts, or engagements of any of the beneficiaries.
4. I direct my Executrix or Executor to payout of the property which would otherwise
become a part of the residuary trust, hereinabove established, all estate, inheritance, transfer and
succession taxes, including interest and penalties thereon, which may be lawfully assessed by
reason of my death. I hereby waive on behalf of my estate any right to recover any part of such
taxes, interest or penalties from .any person, including any beneficiary of insurance on my life and
anyone who may have received from me or from my estate any property which is taxable as a part
of my estate.
5. In addition to the powers conferred by law, my Executrix or Executors and my
Trustees, and their successors, are empowered:
a. To invest any part of the trust corpus in such securities, inve~tments, or other
property as may be deemed advisable and proper, irrespective of whether the same are authorized
for the investment of trust funds. under the laws of any governing jurisdiction.
b. With respect to any corporation, the stocks, bonds, or other securities of which
may be held, to vote in person or by proxy on any shares of stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale
of the property of any such corporations; to make any surrender, exchange or substitution of such
stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of
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such corporations; to pay all assessments, subscriptions and other sums of money which may be
deemed wise and expedient for the protection and maintenance of the proportionate interest of the
investment in such corporations; to exercise any option or privilege which may be conferred upon
the holders of such stocks, bonds, or other securities of such corporations either for the
conversion of the same into other securities or for the purchase of additional securities, and to
make any and all necessary payments which may be required in connection therewith; and
generally to have and exercise as to all such stocks, bonds and other securities, the powers of an
individual owner who is under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate shares
shall have undivided interests.
d. To sell at public or private sale for cash or upon credit, or partly for cash and partly
on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the
trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or
propriety of any such sale or to see to the application of the purchase moneys arising therefrom.
e. To. keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient. .
f. To compromise, settle or arbitrate any claim or demand in favor of or against the
trust estate.
g. And authorized in the discharge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be charged against the
principal or income of the trust fund, and shall further be entitled to charge against the principal or
income such other reasonable expenses and charges as may be necessary and proper to incur for
the proper discharge of fiduciary duties and for the proper management and administration of the
trust estate.
h. In making any division of property into shares for the purpose of any distribution
thereof directed by the provisions of the trust, to make such division or distribution, either in cash
or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making
any division or distribution in kind may allot any specific security or property or any undivided
interest therein to anyone or more of such shares, and to that end may appraise any or all of the
property so to be allotted and the judgment as to the propriety of such allotment and as to the
relative value for purposes of distribution of the securities or property so allotted shall be final and
conclusive upon all persons interested in the trust or in the division or distribution thereof.
i. Authorized to register any shares of stock or other assets of any trust in their own
names or in the name of a nominee.
j. To retain any investments or mutual funds which I may own at the time of my death
and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may
be deemed advisable or proper, irrespective of whether the same are authorized for the investment
of trust funds under the laws of any governing jurisdiction.
6. I hereby nominate, constitute and appoint my wife, Eleanor U. Coolidge, and my sons,
Philip W. Coolidge and Thomas E. Coolidge, as Trustees of the Trust hereinabove created, but
should Eleanor U. Coolidge and Philip W. Coolidge and Thomas E. Coolidge and the final
survivor of them all cease serving as a Trustee or Trustees, then in such event I nominate,
constitute and appoint Financial Trust Services 'Company and its successors, One West High
Street, Carlisle, Pennsylvania, as alternate or successor Trustee, provided that it shall accept such
appointment and agree that compensation for its services shall not exceed one-half of one percent
of the value of the corpus as its annual compensation, and that it shall receive no other
compensation for its services, otherwise the successor Trustee in place of Financial Trust Services
Company shall be as nominated by the Trustee or Trustees desiring to cease serving as such or by
the beneficiaries of the Trust with the approval of the Orphans' Court Division of the Cumberland
County Court of Common Pleas.
7. I hereby nominate, constitute and appoint my wife, Eleanor U. Coolidge, as Executrix
of this my Last Will and Testament, but should she predecease me or fail to qualify or cease
serving as such, then in such event I nornina,te, constitute and appoint my sons, Philip W.
Coolidge and Thomas E. Coolidge, or either of them, as alternate or successor Executors, but
should both of them fail to qualify or cease serving as such, then in such event I nominate,
constitute and appoint Financial Trust Services Company, and its successors, One West High
Street, Carlisle, Pennsylvania, as alternate or successor Executor, and I further direct that none of
them shall be required to post any bond to secure the faithful performance of her, his or its duties
in the Commonwealth of Pennsylvania. or in any other jurisdiction.
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IXNterrClA~ vU~ -::1 (?JJ,~ r.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will
and Testament written on four (4) pages, this /2:- day of September, 1998.
~r;;h"Y" ~ ~~"-(SEAL)
arren F. Coolidge . I
Signed, sealed, published and declared by WARREN F. COOLIDGE, the Testator above-
named, as and for his Last Will and Testament, in our presence, who, in his presence, at his
request, and in the presence of each other, have hereunto subscribed our names as attesting
witnesses.
~~~~Gj - ~.
~~ K"j (j
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