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HomeMy WebLinkAbout12-07-07 ..- v 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. ("") ~o :s.. :n CJJ -0 ;- :-1 -I ("") ~XJ 5> r- C :2: QI ~~: (/) 7~ 000 1 nO~ 1 be AND NOW, this -ii I day of December, 2007, upon consideration of the a!w~ed :>> w w Petition of Philip W. Coolidge and Thomas E. Coolidge as trustees of the Trust Under Will of : ORPHANS' COURT DIVISION ,...." c::::> = -.I -,--I : 21-01-684 o rTl <.'""") " c~ ..~, ORDER -.l (-'" I ~ ~~: -u ::z: - .. Warren F. Coolidge for benefit of Devyn L. Coolidge, et al. it is hereby ordered as follows: 1. The trust is modified so that the trustees are granted the explicit power 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. 2. The trust is modified so that the trustees are granted the explicit power to determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. 3. The trust is modified so that the trustees are authorized 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. 4. The trust is modified so that the trustees are authorized, in their discretion, to split the trustee fees between income and principal. c/L J. ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: Trust under will of Warren F. Coolidge for benefit if Thomas E. Coolidge, Devyn L. Coolidge, et al. CUMBERLAND COUNTY PENNSYLVANIA NO. 21-01-0684 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 12/07/07 JUDGE'S INITIALS: JWO TIME STAMP DATE: 12/07/07 IN RE: ORDER """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: DEVYN L COOLIDGE METHOD OF MAILING: ENVELOPES PROVIDED BY: [8] USPS DRRR D HAND DELIVERED D OTHER_ [8] PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: 12-07-07 """""""""""""""""""""""""""""""""""""""""""""""""""""""',',',"""" SERVICE TO: ROBERT M FREY ESQ METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE [8] CLERK OF ORPHANS COURT MAILED: 12-07-07 Depu Cler