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HomeMy WebLinkAbout03-0959RELEASE WHEREAS, Manufacturers and Traders Trust Company, successor by merger to Allfirst Trust Company of Pennsylvania, N.A., formerly known as Allfirst Bank, formerly known as FMB Bank, Successor by merger to Dauphin Deposit Bank and Trust Company, is the duly appointed Trustee under Agreement with William R. Over of Estero, Florida; and WHEREAS, the said Trustee has submitted to the said William R. Over an account of its Trusteeship, which has been examined and approved by the said William R. Over; and WHEREAS, in order to save the expense and delay incident to filing said account in the Orphans' Court Division of the Court of Common Pleas of Cumberland County and having the ~a.me confirmed, the said William R. Over has requested his Trustee to make settlement with him at once. AND THEREFORE KNOW ALL MEN BY THESE PRESENTS that I, the said William R. Over, have this day had and received of and from Manufacturers and Traders Trust Company, successor by merger to Allfirst Trust Company of Pennsylvania, N.A., formerly Allfirst Bank, formerly known as FMB Bank, Successor by merger to Dauphin Deposit Bank and Trust Company, Trustee as aforesaid, the sum of One hundred sixty-five thousand five hundred ninety- seven dollars and sixty-eight cents ($165,597.68) consisting of cash and in full settlement and satisfaction of all such sum or sums of money as are due me by reason of said Trusteeship, and THEREFORE I DO BY THESE PRESENTS remise, release, quit-claim and forever discharge the said Manufacturers and Traders Trust Company, successor by merger to Allfirst Trust Company of Pennsylvania, N.A., formerly Allfirst Bank, formerly known as FMB Bank, Successor by merger to Dauphin Deposit Bank and Trust Company, its successors and assigns, and of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or of and from all other acts, matters, and things whatsoever including gross negligence, to the day of the date hereof. day of WITNESS: IN WITNESS WHEREOF, I have hereunto set my hand and seal this William R. Over STATE OF FLORIDA COUNTY OF~-~ ) ) SS: ) On this, the/o~'day~'~ of/tj~ b6/~'''':'~/~/~/~/ , 2003, before me, a Notary Public in and for said State and County, personally appeared William R. Over, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Release and acknowledged that he executed the same for the purposes therein contained and desires that the same be recorded as such. WITNESS my hand and Notarial Seal. ~~P~ublic My Commission Expires: REVOCABLE LIVING TRUST by and between WILLIAM R. OVER Settlor and DAUPHIN DEPOSIT BANK AND TRUST COMPANY TRUSTEE Dauphin Deposit Bank and Trust Company Member FDIC. I, William R. Over (Settlor) of Harrisburg, PA , hereby transfer to Dauphin Deposit Bank and Trust Company (hereinafter called the Trustee), a Pennsylvania bank and trust company, the property described in the attached Schedule, to be held in Trust as follows: FIRST: Dispositive Provisions For My Benefit-During my lifetime: A. All of the net income shall be paid to me at least quarterly or shall be paid or accumu- lated and added to principal, as I may direct in writing; B. As much of the principal as I may from time to time request in writing shall be paid to me, or as I may otherwise direct; C. If, in the Trustee's opinion, I am at any time unable to act or to apply the payments to my own best interest and advantage, the Trustee may apply directly for my benefit as much of the income and/or principal as the Trustee may, from time to time, deem appro- priate for ( my ) welfare, comfort, support or emergency needs and may add to princi- pal as much of the income as the Trustee deems advisable. D. Trustee shall keep true and correct books of account, which books of account shall at all reasonable time be open to the inspection of Settlor or his duly appointed representa- tive. Trustee shall also quarterly render Settlor a detailed statement showing all receipts and disbursements on account of the trust estate and the manner and form in which the trust estate is invested at the time of the rendition of such statement. SECOND: Dispositive Provisions After My Death-Upon my death while the trust continues, the Trustee shall pay the then-remaining principal and income to my Executor or Administra- tor for disposition as part of my estate. THIRD: Right to Revoke and Amend: I reserve the right to revoke or amend this trust, in whole or in part, at any time and from time to time by an instrument in writing, delivered to the Trustee and intended to take effect during my lifetime; except that the duties, powers and liabilities of the Trustee shall not be changed without its written consent. The Trustee reserves the right, at any time upon thirty (30) days advance written notice to me, to resign the trust and deliver the trust estate to me, after deducting therefrom its fees and any expenses then due and payable. FOURTH: Additions to Trust: Subject to the approval of the Trustee, either I or any other entity may add property, real and personal, to the principal of this trust. FIFTH: Trustee's Powers: In addition to the powers granted by law, my Trustee shall have the following discretionary powers, applicable to principal and income, which shall be exercis- able without leave of court and shall continue until distribution is actually made: A. To accept and retain any or all property, including stock or other securities of the Trustee or of a holding company controlling the Trustee; B. To invest in all forms of property (including, but not by way of limitation, real estate, all types of stocks, bonds, options, and participations in common, trust funds and money market funds); without being confined to investments prescribed by statute and without being required to diversify; C. To buy investments at a premium or discount; D. To hold property unregistered or in the name of a nominee; E. To give proxies, both ministorial and discretionary; F. To compromise claims; G. To join in any merger, consolidation, reorganization, voting trust plan, or other con- certed action of security holders, and to delegate discretionary duties with respect thereto; H. To borrow from Dauphin Deposit Bank and Trust Company or from others, and to pledge real or personal property as security therefor; to loan cash or securities upon such terms and conditions as trustees deem appropriate. I. To sell at public or private sale for cash or credit or partly for each, to exchange, to im- prove, or to lease for any period of time, any real or personal property; and to give options for sales, exchanges, or leases. J. To allocate any ~..operty received or charge incurred to prin, ..al or income or partly to each, without being obliged to apply the usual rules of trust accounting; K. To distribute in cash or in kind or partly in each; L. To retain any part or all of my business interests held in this Trust as long as the Trustee considers it advisable to do so; and to conduct, alone or with others, any such business in which I am engaged, with all the powers of an owner or with respect thereto, including the power to delegate discretionary duties to others and to pay adequate com- pensation to any such person; to invest other property in such business, and to incor- porate it or change its form. SIXTH: Compensation: The trustee shall be compensated in accordance with its standard schedule of charges in effect from time to time during the period of its services, and this com- pensation shall be paid from principal or income or partly from each in the sole discretion of the Trustee. SEVENTH: Non-Assignment: No part of the income or principal of the property held under this Trust shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy prior to actual receipt thereof. The Trustee shall pay over the net income and the principal to the persons herein designated, as their interests may appear, without regard to any attempted anticipation (except as specifically provided in this agree- ment), pledging or assignment under the Trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against me. EIGHTH: Law Governing Trust: This trust is created and accepted in the Com~" of Pennsylvania and shall in all respects be governed by its laws and shall have ~~ Cumberland County, Pennsylvania. Executed on ,,~'£/'L ~7~' ,19~? NOTE: Before executing this document you may want to consult with your Attorney to as- sure that your wishes are being set forth accurately and in proper~gal form. .. t' EAL) ~--~'~~' ~ Settlor ~ The foregoing trust is hereby accepted. Executed on April 25 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ,1989 Dauphin Deposit Bank and Trust Company (Title) Ass't. Vice Presdient and Trust On this, the 25th day of April , 198 9 , before me, a notary public in and for the said Commonwealth and County, personally appeared William R. Over , known to me (or satisfactorily proven) to be the person whose name is subscribed tO the foregoing Revocable Living Trust and acknowledged that he/she executed the same for the purposes therein contained. WITNESS my hand and notarial seal. Office SCHEDULE OF PROPERTY Referred to in the annexed Deed of Trust dated from William R. Over Company, Trustee April 25, ,1989 to Dauphin Deposit Bank and Trust The following AMP Incorporated Common Stock are registered in the name of William Over: SHARES CERTIFICATE NUMBER 96 N0107614 67 N0110064 115 NM30428 112 NM42265 153 NM51719 513 NM79844 393 NM81217 472 NM86916 14 NM98494 486 NM99859 124 NM104754 Certficates DATED 10/30/78 10/29/79 10/28/80 10/28/81 10/28/82 07/29/85 10/28/85 10/28/86 09/25/87 10/28/87 10/28/88