HomeMy WebLinkAbout01-24-12IN RE: ESTATE OF
SARAH MCCREA CHAPMAN
JONES, LATE OF LOWER
MIFFLIN TOWNSHIP,
CUMBERLAND COUNTY, PA
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
N0.21-09-0329 ~,,,,
• x
EXCEPTIONS OF JOHN MCCREA, INDIVIDUAL CO-TRUSTE
ORDER OF COURT, DATED DECEMBER 29, 2011, FILED JANU '~12, ~
TERMINATING CHAPMAN LODGE TRUST , ~ o
COMES NOW John McCrea, individual co-trustee of the trust created under _
paragraph 19 of the Last Will and Testament of Sarah McCrea Chapman Jones (Chapman
Lodge Trust), and objects to the Order of Court of Judge Kenneth A Mummah, dated
December 29, 2011, and filed in the Orphans Court of Cumberland County<
Pennsylvania. terminating said Chapman Lodge Trust, and decreeing that the trust
property should be distributed to St. Johns Episcopal Church, the entity which was named
in the trust paragraph as the residuary beneficiary of the trust.
The grounds specified in the following Exceptions were raised in the Answer and
Objections to Amended Petition to Terminate Trust, timely filed by John McCrea.
Additionally, John McCrea, individual co-trustee, stated his objections and the grounds
therefore specified in these Exceptions numerous times in open court in proceedings held
pertaining to the Amended Petition to Terminate Trust.
The Exceptions to the Order of Court are as follows:
Paragraph 19, which created the Chapman Lodge Trust, specified that,
upon termination of the Chapman Lodge Trust, the trust property should
be distributed to the three children of Alfred McCrea Chapman
(Chapman children), as joint life tenants. Upon termination of the life
tenancies, the trust property should be distributed to the remainder
beneficiary, St. Johns Episcopal Church.
2. No factual basis for terminating, extinguishing or by-passing the life
lenancies of the Chapman children was averred in the Amended Petition
to Terminate Trust, nor were any facts in support of terminating,
extinguishing or by-passing the life tenancies offered or received in
~~'
~- ,
~.«! ~.,J
~'f~ Yi
£~~
ran.
evidence at any of the hearings held pertaining to said Petition.
3
The Amended Petition to Terminate Trust was legally insufficient to
justify an Order of Court extinguishing, terminating or by-passing the
life tenancies of the Chapman children
No valid legal basis for extinguishing, terminating or by-passing the life
tenancies of the Chapman children was ever stated or argued by
Petitioner M&T Bank---or anyone else---at any of the hearings held
pertaining to said Petition. .
In the opinion of John McCrea, individual co-trustee, no portion of the
record needs to be transcribed in order to enable the Court to dispose of
these Exceptions.
4.
WHEREFORE, John McCrea, individual co-trustee, requests the
Court to grant his Exceptions and reverse the Order of Court, dated
December 29, 2011, which terminated the Chapman Lodge Trust in favor
of the residuary beneficiary, St. Johns Episcopal Church.
0~ I14 I~~
Respectfully submitted,
J McCrea
P ~ ox 341
Newville, PA 17241
717.776.6656
CERTIFICATE QF SERVICE
I certify that I have served a true and correct copy of the foregoing Exceptions of
John McCrea, individual co-trustee, to Order of Court, dated December 29, 2011, filed
January 5, 2012, terminating Chapman Lodge Trust, upon the following persons and in
the manner specified after each person's name:
Seth E. Mosebey, Esquire (e-mail to smosebey@martsonlawofJices.com)
10 East High Street
Carlisle, PA 17013
For co-trustee, M&T Banl~ original Petitioner
James D. Flower, Esquire
10 West High Street
Cazlisle, PA 17013
For St. Johns Episcopal Church
(e-mail to jim@flower-law.com)
Michael T. Foerster, Esquire (e-mail to mfoerster@attorneygeneral.gov)
Office of Attorney General
Charitable Tn~sts & Organizations Section
14~' Floor -Strawberry Squaze
Harrisburg, PA 17120
For Pennsylvania Attorney General
Jeffrey R. Boswell, Esquire (e-mail to jboswell@btpalaw. com)
315 North Third Street
Harrisburg, PA 17101
For Henry Chapman, Karen Chapman & Katharine Chapman Michalka
Dated: January 23, 2012 ~ -
J cCrea