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Home My WebLink About03-0063IN RE: ESTATE OF JOHN M. BENTZ · TESTAMENTARY TRUST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 21-03-063 IN RE: HEARING DATE ORDER OF COURT AND NOW, March 3, 2003, hearing date in the above matter is continued from March 17, 2003, to 1:30 p.m. on April 3, 2003, in Courtroom No. 3. Counsel for the Petitioner to notify all interested parties. By the Court, Ivo V. Otto III, Esquire Carl C. Risch, Esquire ottO,, Martson Deardorff Williams & ..,~~ ~~,(._~ Ten East High Street Carlisle, PA 17013 · ~,:\1~i LES\DATAFiLE~E STATES~8515. fmald¢cr¢¢ ~ a ) INRE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST · IN TI~ COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · ORPHANS' COURT DIVISION · NO. 21-03-063 FINAL DECREE AND NOW, this~'5 ~day of~ ,2003, upon consideration of the annexed Petition for Judicial Termination of Trust and attached exhibits, and a finding that the Attorney General of Commonwealth of Pennsylvania and all interested parties have been given notice and have consented to the relief requested in the Petition, it is hereby ordered and decreed that: (1) the Trust under the Will of John M. Bentz is terminated; (2) the Trustee shall distribute the principal of the Trust to Mary Carroll Mains and Barbara Carroll Peterson subject to the conditions set forth in the annexed letter of the Attorney General of the Commonwealth of Pennsylvania dated March 10, 2003; and (3) Manufacturers and Traders Trust Company is discharged as Trustee under the Trust and is released from future liability for its acts as such Trustee upon making full and complete distribution as ordered· BY THE COURT, P.J. COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL MIKE FISHER ATTORNEY GENERAL Sent via fax to (717) 243-1850 & first-class mail March 10, 2003 Public Protection Division Charitable Trusts & Organizations Section 14th Floor, Strawberry Square Harrisburg, PA 17120 (71 7) 783-2853 Fax: (71 7) 787-1190 Carl C. Risch, Esq. MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 1 7103 RE: ESTATE OF JOHN M. BENTZ - PETITION FOR JUDICIAL TERMINATION OF TRUST (NO OBJECTION LETTER) Dear Carl' In accordance with your letter of March 6, 2003 wherein your client agreed to donate $100 to each of the churches of Carlisle, upon the judicial termination and distribution of the above trust in exchange for the Attorney General's acquiescence to its termination. On the basis of that offer to donate $100 to each of the approximately 26 churches of the Carlisle Borough, the Attorney General has no objection to the proposed termination of the trusts created under the Estate of John M. Bentz. After the termination, assuming the court proceeds to terminate the trust and distribution is made, please provide a photocopy of the donations made to the various churches. I can then proceed to close my file on this case. Thank you for your time and attention to this matter. ~--~,e trulY Y0~; Thomas M. Devlin Senior Deputy Attorney General TMD/mlm F '~FtLES\DATAFILE\ESTATES'/8515 tl'usttexmination IN RE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :ORPHANS' COURT DIVISION : NO. o herein. 7. PETITION UNDER SECTION 6102 OF THE PENNSYLVANIA PROBATE, ESTATES & FIDUCIARY CODE FOR JUDICIAL TERM/NATION OF TRUST TO THE HONORABLE, THE JUDGES OF SAID COURT: The petition of Trustee, MANUFACTURERS AND TRADERS TRUST COMPANY, successor in interest to Farmers Trust Company, and the life income beneficiary, JOHN B. CARROLL, respectfully represent that: 1. Petitioner Manufacturers and Traders Trust Company is a New York banking corporation doing business in Pennsylvania as M&T Bank with a principal place of business at One M&T Plaza, Buffalo, New York (hereinafter "Trustee" or "M&T"), and is the successor in interest to Farmers Trust Company, Carlisle, Pennsylvania. 2. Petitioner John B. Carroll is the sole life income beneficiary of a testamentary trust created under the Will of John M. Bentz (hereinafter "Trust"). 3. John M. Bentz died a resident of Cumberland County, Pennsylvania, on December 10, 1931. His Will was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania, on December 21, 1931, and is recorded in Will Book 36, Page 342 (hereinafter "Will"). A copy of the Will is attached hereto as Exhibit "A." 4. The Trust created by the Will directed the Trustee to pay all income from the Trust to Louise Norbeck Carroll during her life. Mrs. Carroll died on March 11, 1988. 5. Upon her death, the Trust directed the Trustee to continue the Trust and pay income to her children. Upon Mrs. Carroll's death, she was survived by one child, John B. Carroll, Petitioner Since Mrs. Carroll's death, the Trustee has paid income from the Trust to Petitioner John B. Carroll. 8. Petitioner John B. Carroll has now disclaimed his right to receive further income from the Trust in favor of his two children, Mary Carroll Mains and Barbara Carroll Peterson, both competent adults. This disclairner is in writing, was done with full knowledge, and is attached hereto as Exhibit "B." 9. Given this disclaimer, Petitioner believes that the Trust has terminated and that the principal should be distributed to Petitioner John B. Carroll's living issue, Mary Carroll Mains and Barbara Carroll Peterson, in equal shares as remaindermen. 10. The current value of the principal of the Trust is approximately $85,000.00. 11. Given the ambiguous terms of the Trust, the disclaimer of Petitioner John B. Carroll, and the potential charitable interests involved, Petitioner requests that this Court order the termination and distribution of the Trust under 20 Pa.C.S. Section 6102, and discharge and release the Trustee. Petitioner believes that this result most nearly approximates the intention of the Testator. 12. This Petition shall be served upon the Attorney General of the Commonwealth of Pennsylvania and the living issue of Petitioner John B. Carroll. WHEREFORE, Petitioner respectfully requests that this Court enter an order: (1) terminating the Trust under the Will of John M. Bentz; (2) directing the Trustee to distribute the principal of the Trust to Mary Carroll Mains and Barbara Carroll Peterson; and (3) discharging Manufacturers and Traders Trust Company as Trustee under the Trust and releasing it from future liability for its acts as such Trustee upon making full and complete distribution as requested herein. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By: ~_'5~, ~' '(~-. ~;L.> Ivo V. Otto IH Supreme Court I.D. No. 27763 Carl C. Risch Supreme Court I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioners VERIFICATION I 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. § 4904, relating to unsworn falsification to authorities. Date: Manufa.c~turers and Traders Trust Company 7 David C. Gority ,, VERIFICATION John B. Carroll, hereby verifies that he is a Petitioner above named, the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief, and that he understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. B. Carrc~ll Dated:,/ On this 5th day of Yune 1930, I hereby declare this to be my last will and testament and revoke any former wills I may have made. I direct that after my Just debts are paid all the property ~hat I may die p?.sessed of, Real, Personal or of whatever nature, be con- verted i~to a trust and be given to the Farmer's Trust Co., of Carlisle, they to safely invest the same and pay all the income frora said trust to · y daughter Louise Norbeck Carroll during her life, at her death said Trust to be continued and the income paid to her children, in case the children die without issue, the amount of said trust to be divided, share alike among the different churches of Carlisle. I hereby n~me n~ daughter to be my Executrix. John M. Bentz Witness Samuel Stuart Chester .A. Brenneman 1N RE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · ORPHANS' COURT DIVISION · NO. DISCLAIMER AND RENUNCIATION I, JOHN B. CARROLL, hereby exercise the rights granted to me in Chapter 62 of the Probate, Estates and Fiduciaries Code, and I hereby disclaim and renounce any interest to which I may be entitled under the Will of John M. Bentz, to payments of income or principal from the Trust established therein. I hereby disclaim this interest in favor of my children, Mary Carroll Mains and Barbara Carroll Peterson, as remaindermen under the terms of the Trust. IN WITNESS WHEREOF, intending to be legally bound hereby and intending that this Disclaimer and Renunciation shall be filed of record in the Office of the Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, and a copy thereof delivered to Manufacturers and Traders Trust Company, a New York banking corporation (formerly Farmers Trust Company), I have hereunto /-:'t~ tva r//~ STATE OF ~ COUNTY OF. ~-¢/~-2 ~'~o( set my hand and seal this _'~ J~/[n~B. Carroll SS. ) day of On this, the .)'3 day of . )&~ (~.ff2 'L{' ,}'~C'(:i*~ , before me, a notary public, personally appeared John B. Carroll, known to me to 10~e the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. ¢' ~-/,~ -::¢', .:~.,~:. . ',"' ,/ :,/ :' ( Nota~ Public 1N RE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST ' IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA ' ORPHANS' COURT DIVISION 'NO. CONSENT AND JOINDER The undersigned, Barbara Carroll Peterson, does hereby join in the Petition for Judicial Termination of Trust and further consents to the prayer for relief contained therein. Barbara Carroll Peterson INRE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST · 1N THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · ORPHANS' COURT DIVISION · NO. CONSENT AND JOINDER The undersigned, Mary Carroll Mains, does hereby join in the Petition for Judicial Termination of Trust and further consents to the prayer for relief contained therein. Dated: Mary Carr~l~Mains INRE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · ORPHANS' COURT DIVISION ' NO. CERTIFICATE OF SERVICE I, Carl C. Risch, certify that a copy of the foregoing was served by First Class Mail as follows: Mary Caroll Mains 1122 Upper Ridge Road, RR3 Bridgton, ME 04009 Barbara Carroll Peterson 921 Dolphin Road Malvern, PA 19355 Office of the Attorney General Commonwealth of Pennsylvania Charitable Trusts and Organizations Section Strawberry Square, 14th Floor Harrisburg, PA 17120 INRE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · ORPHANS' COURT DIVISION 'RELIMINARY DECREE · ~ , ~,ahe -:ngonthe ~'~ da of \ AND NOW, this attached Petition is hereby set for o'clock -,~M, on ~)'J/~r)C~ --, /7 , ~ 3, in Co~oom No.~ , Cmberl~d County Co,house, ~lisle, Pe~sylvania. Notice of hearing shall be given to Mary Carroll Mains, Barbara Carroll Peterson, and the Attorney General of the Commonwealth of Pennsylvania. BY THE COURT, P.J. INRE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : ORPHANS' COURT DIVISION : NO. FINAL DECREE AND NOW, this day of ., , upon consideration of the attached Petition and of the Exhibits attached thereto, and after a hearing and a finding that all interested parties have been given adequate notice and an opportunity to be heard, or have consented to the Petition, it is hereby ordered and decreed that: (1) the Trust under the Will of John M. Bentz is terminated; (2) the Trustee shall distribute the principal of the Trust to Mary Carroll Mains and Barbara Carroll Peterson; and (3) Manufacturers and Traders Trust Company is discharged as Trustee under the Trust and is released from future liability for its acts as such Trustee upon making full and complete distribution as ordered. BY THE COURT, P.J. F:WILES\DATAPiLE\ESTATE~;\8515.trusttermmation INRE: ESTATE OF JOHN M. BENTZ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : ORPHANS' COURT DIVISION TESTAMENTARY TRUST 'NO. ~{_ 0~- 00 ~ PETITION UNDER SECTION 6102 OF THE PENNSYLVANIA PROBATE, ESTATES & FIDUCIARY CODE FOR JUDICIAL TERMINATION OF TRUST TO THE HONORABLE, THE JUDGES OF SAID COURT: The petition of Trustee, MANUFACTURERS AND TRADERS TRUST COMPANY, successor in interest to Farmers Trust Company, and the life income beneficiary, JOHN B. CARROLL, respectfully represent that: 1. Petitioner Manufacturers and Traders Trust Company is a New York banking corporation doing business in Pennsylvania as M&T Bank with a principal place of business at One M&T Plaza, Buffalo, New York (hereinafter "Trustee" or "M&T"), and is the successor in interest to Farmers Trust Company, Carlisle, Pennsylvania. 2. Petitioner John B. Carroll is the sole life income beneficiary of a testamentary trust created under the Will of John M. Bentz (hereinafter "Trust"). 3. John M. Bentz died a resident of Cumberland County, Pennsylvania, on December 10, 1931. His Will was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania, on December 21, 1931, and is recorded in Will Book 36, Page 342 (hereinafter "Will"). A copy of the Will is attached hereto as Exhibit "A." 4. The Trust created by the Will directed the Trustee to pay all income from the Trust to Louise Norbeck Carroll during her life. Mrs. Carroll died on March 11, 1988. 5. Upon her death, the Trust directed the Trustee to continue the Trust and pay income to her children. Upon Mrs. Carroll's death, she was survived by one child, John B. Carroll, Petitioner o herein. 7. Since Mrs. Carroll's death, the Trustee has paid income from the Trust to Petitioner John B. Carroll. 8. Petitioner John B. Carroll has now disclaimed his right to receive further income from the Trust in favor of his two children, Mary Carroll Mains and Barbara Carroll Peterson, both competent adults. This disclaimer is in writing, was done with full knowledge, and is attached hereto as Exhibit "B." 9. Given this disclaimer, Petitioner believes that the Trust has terminated and that the principal should be distributed to Petitioner John B. Carroll's living issue, Mary Carroll Mains and Barbara Carroll Peterson, in equal shares as remaindermen. 10. The current value of the principal of the Trust is approximately $85,000.00. 11. Given the ambiguous terms of the Trust, the disclaimer of Petitioner John B. Carroll, and the potential charitable interests involved, Petitioner requests that this Court order the termination and distribution of the Trust under 20 Pa.C.S. Section 6102, and discharge and release the Trustee. Petitioner believes that this result most nearly approximates the intention of the Testator. 12. This Petition shall be served upon the Attorney General of the Commonwealth of Pennsylvania and the living issue of Petitioner John B. Carroll. WHEREFORE, Petitioner respectfully requests that this Court enter an order: (1) terminating the Trust under the Will of John M. Bentz; (2) directing the Trustee to distribute the principal of the Trust to Mary Carroll Mains and Barbara Carroll Peterson; and (3) discharging Manufacturers and Traders Trust Company as Trustee under the Trust and releasing it from future liability for its acts as such Trustee upon making full and complete distribution as requested herein. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By: ~ Ivo V. Otto 1II Supreme Court I.D. No. 27763 Carl C. Risch Supreme Court I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Petitioners VERIFICATION I 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. § 4904, relating to unsworn falsification to authorities. Date: Manufacturers and Traders Trust Company DaVid C. Gority--/' / VERIFICATION John B. Carroll, hereby verifies that he is a Petitioner above named, the facts set forth in the foregoing Petition are tree and correct to the best of his knowledge, information and belief, and that he understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities. On this 5th day of Sune 19~0, I hereby declare this to be my last will and testament and revoke any former wills I may hav~ made. I direct that after my Just debts are paid ell the property that I may die posessed of, Real, Personal or of whatever nature, be con- verted i~to a trust and be given to the Farmer's Trust Co., of Carlisle, they to safely invest the same and pay all the income from said trust to my daughter Louise Norbeek Carroll during her life, at her death said Trust to be continued and the income paid to her children, in case the children die without issue, the amount of said trust to be divided, share alike among the different Churches of Carlisle. I hereby name my daughter to be my Executrix. John M. Bentz Witness Samuel Stuart Chester A. Brenneman INRE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · ORPHANS' COURT DIVISION ' NO. DISCLAIMER AND RENUNCIATION I, JOHN B. CARROLL, hereby exercise the rights granted to me in Chapter 62 of the Probate, Estates and Fiduciaries Code, and I hereby disclaim and renounce any interest to which I may be entitled under the Will of John M. Bentz, to payments of income or principal from the Trust established therein. I hereby disclaim this interest in favor of my children, Mary Carroll Mains and Barbara Carroll Peterson, as remaindermen under the terms of the Trust. IN WITNESS WHEREOF, intending to be legally bound hereby and intending that this Disclaimer and Renunciation shall be filed of record in the Office of the Clerk of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, and a copy thereof delivered to Manufacturers and Traders Trust Company, a New York banking corporation (formerly Farmers Trust Company), I have hereunto set my hand and seal this ~ day of ? _/'t_OU~_ % ,200~. Carroll STATE OF SS. COUNTy OF ) Onthis, the ~ dayof ]6~13t/.~L{ ~00_~ ,beforeme, anotarypublic, personally appeared John B. Carroll, known to me to'be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. FL 0 g. '- 19 -GG ~¥,. /7lbo~, Notary Public OEBRA u. PETERSON · Public, S~te ot F~a [ mm . e~*res Mar .1~ , ~ ~. OD ~723 INRE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : ORPHANS' COURT DIVISION : NO. CONSENT AND JOINDER The undersigned, Barbara Carroll Peterson, does hereby join in the Petition for Judicial Termination of Trust and further consents to the prayer for relief contained therein. Barbara Can'oll Peterson Dated: INRE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : ORPHANS' COURT DIVISION : NO. CONSENT AND JOINDER The undersigned, Mary Carroll Mains, does hereby join in the Petition for Judicial Termination of Trust and further consents to the prayer for relief contained therein. Mary Carr~l~Mains Dated: ! j Z.- ] 0 ~ IN RE: ESTATE OF JOHN M. BENTZ TESTAMENTARY TRUST : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : ORPHANS' COURT DIVISION : NO. CERTIFICATE OF SERVICE I, Carl C. Risch, certify that a copy of the foregoing was served by First Class Mail as follows: Mary Caroll Mains 1122 Upper Ridge Road, RR3 Bridgton, ME 04009 Barbara Carroll Peterson 921 Dolphin Road Malvem, PA 19355 Date: Office of the Attorney General Commonwealth of Pennsylvania Charitable Trusts and Organizations Section Strawberry Square, 14th Floor Harrisburg, PA 17120