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Home My WebLink About02-22-96 IN RE: ESTATE OF J. PERRY HOCKERSMITH, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-78-0559 ORPHANS' COURT DIVISION ****************************************************************************** PETITION FOR TERMINATION OF TRUST IN ACCORDANCE WITH THE 20 PA.CONS.STAT. SECTION 6102 To the Honorable, the Judges of said Court: The Petition of Catherine H. Leach respectfully states as follows: 1. 1. Perry Hockersmith (Decedent) died a resident of Cumberland County, Pennsylvania, on October 1, 1978, leaving a Will dated May 8, 1978, which was probated in the Office of the Register of Wills of Cumberland County, Pennsylvania, on October ---' 1978. A copy of the Will is attached hereto as "Exhibit A" . 2. Decedent, in Item 4 of his Will, gave one share of his residuary estate to his son, Robert W. Hockersmith, and his daughter, Ruth H. Mowery, or the survivor of them, as Trustees, to be held in Trust for the benefit of Petitioner, Catherine H. Leach, for life, with remainder to his son, Robert W. Hockersmith, his daughter, Ruth H. Mowery, and his son Richard H. Hockersmith, or the survivors of them, living at the time of the Petitioner's death. 3. The first and final account of Robert W. Hockersmith and Ruth H. Mowery, Executors under Decedent's Will, was filed and confirmed nisi by judication dated June 19, 1979, and thereafter confirmed absolutely. 4. The sum of Sixteen Thousand Dollars was awarded to Robert W. Hockersmith and Ruth H. Mowery in Trust for the use and purposes set forth in the will. 5. The Trust has a present market value of Sixteen Thousand Dollars as indicated on the most recent bank statement. 6. Termination is requested under 20 Pa.Cons.Stat. Section 6102(a) because the principal of the Trust produces an insufficient income. Futhermore, Petitioner is now retired and receives a minimal income. Petitioner is also seventy-three years of age and is in fair health. To continue to keep the sum of Sixteen Thousand Dollars in Trust does not generate enough income to meet Petitioner's daily needs. 7. The remaindermen, Ruth H. Mowery and Richard R. Hockersmith have no objection to the termination of the Trust and consent to said termination. The remainderman, Robert W. Hockersmith died on January 1, 1991, and his interest as a remaindermen was extinquished on that date. ( See at t a c h e d De a the e r t i fie ate) 8. Petitioner requests that the Court order the termination of the Trust and award the entire principal and any undistributed income to her outright under 20 Pa.Cons.Stat.Section 6102(a). 9. The consents of the remaindermen are attached hereto. 10. The consent of the surviving Trustee to the proposed termination is attached hereto. WHEREFORE, Petitioner respectfully requests that this Court enter an order terminating the Trust under Item 4 of the will dated May 8, 1978 of J. Perry Hockersmith, deceased, and award the balance of principal and undistributed income to Petitioner. ()~ ~ d~ Petitioner VERIFICATION I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification. Date: / f :1;9 r (]~ :1/ :;/1tl-~ CONSENT TO TERMINATION OF TRUST I, Ruth H. Mowery, a contingent remainderman in the Trust under Item 4 of the will dated May 8, 1978, of 1. Perry Hockersmith, deceased, have read the Petition for termination to which this consent is attached, and I join in the request that the Court terminate the Trust and award the net balance of principal and undistributed income to Catherine H. Leach outright. ,"-\"\~s- ~~.~~,~u~ Ruth H. Mowery ~ Date: CONSENT TO TERMINATION OF TRUST I, Richard R. Hockersmith, a contingent remainderman in the Trust under Item 4 of the will dated May 8, 1978, of 1. Perry Hockersmith, deceased, have read the Petition for termination to which this consent is attached, and I join in the request that the Court terminate the Trust and award the net balance of principal and undistributed income to Catherine H. Leach outright. Date I;fD / <; ~ ~~~i~'~ CONSENT TO TERMINATION OF TRUST I, Ruth H. Mowery, the Trustee of the Trust created under Item 4 of the will dated May 8, 1978, of 1. Perry Hockersmith, deceased, have read the Petition for Termination to which this consent is attached and I join in the request that the Court terminate the Trust and award the net balance of principal and undistributed income to Catherine H. Leach outright. Date: ,,~\~ \'^'~ ~~~ RmhH.Mowery ~ -- LAST WILL AND TES'J'AMENI' I, J. PERRY IICC1<ERSMITH, of 709 Brenten Street, ShippensOOrg, cumberland County, Pennsylvania, being of soond mind. IlIE!lIOry and understanding, do make and plbHsh this my Last Will and Test.atrent, hereby revoking and making void any and all former wills by me at any time heretofore made. l! FIRST. I direct my hereinafter named Executors to pay all my just debts " and funeral expenses as SOOl1 as conveniently may be after my decease. SEX:XNJ. I give, devise and bequeath all my prcperty, real, personal and ;, I, mixed, whatsoever and wheresoever si tuate, as follows: .' ! 1. I give, devise and bequeath one equal share to my daughter, RUTH H. il i KWERY; I 2. I give, devise and bequeath ene equal share to my son, ROBERT W. i! 0CCKEFlEMI'l1t: r 3. I give, devise and bequeath one equal share to my sen, RIQIARD R. HOCKEFSMI'l1t ; ,j 4. I give. devise and bequeath one equal share to my daughter, CATHERINE I H. LFAOl, Provided further that of the aforesaid share, I direct that the sum of SIX'IEEN TlroSJ\ND ($16,000.00) Dollars of the same shall be held and plaoed in Trust and I hereby naninate, coostitute and a~int my sen IlCBERT W. :. HCCl<ERSMI'm and my daughter RU'lH H. M:WERY, or the survivor of them, as " Trustees of the same, the said Trustees to invest and reinvest the same in legal or non-legal investments whichever in their discreticn they deem proper, . including but in no way limited to bank certificates of deposit and to pay the . net incane therefran at least sani-annually to my said daughter CATHERINE H. IEAQl and at her death or in the event she predeceases me, to pay the princi- , pal of the said Trust to my soo ROBERT W. H<:X::KERSMI'lH, my daughter Rum H. ~RY. ant my son RfOfARD R. HOCKE~MI'IfI. or the survivors of them. living at the time of my said daughter's death., or at my death, whichever is applicable. TllIW. In the event my said son OClBERr W. HCCl<ERSMI'llt, my said son RIa,' R. H<:X:KERSMI'l1t and/or my said daughter RUTH H. KWERY should predecease me, . 1 < ' I ~'-:'i<< ~/ / ......... /1 / /,t ( --- . .\,:.\ ,LU.~. (I, (SEAL) -1- :, ' I' " .1 Ii 1'1.. , I then give and bequeath the share of my deceased child, equally, share and il ;, I; 'I \. share alike to the children of my said deceased child, living at the time of my decease. I, roJR11t. I hereby naninate, constitute and ar:point my son roBERT W. HOCKER3MI'ltI and my daughter Rum H. M:MERY, as the Executors of this my Last ;, Will and Testament, my said Executors to have full pcMer and authority to II do any and all things necessary for the canplete administratien of my estate, '1 including the pcMer to sell any and all real and personal property of which II ,I I may die seized, at public or private sales, in their discretion, and \ \ \ \ \ without any Order of any Court~ and I further direct that my said Executors , not be required to file any Bond in connection with the settlanent of my II ;i Estate. I I I I E IN WIWESS WHEREXF, I, J. PERRY Hcx:KERSMI'ltI, have hereto set my hand and 3. seal to this my Last Will and Testament, written on bro (2) sheets of paper, this ~ (/.. day of ~1.'.hl (' , 197B. Signed, sealed, published and declared by J. PERRY IJ:U<ERSMI'ltI, the Testator as and for, his Last Will and Testament, written en two (2) sheets of paper, in the presence of us who have, at his request, signed our names as witnesses hereto in '\:he presence of the said I Testato~ 0: .,each other. I ,J ,/~,/ ! i//I\ I;;.: :1 / / .If/Ii. '- ""f/f;/771t_ i;,' I {- ',i ~ . I !I.(J . \ -:.' / . ~ ~ I " { ~ ,_.~., /, .1:1: I ( CU4t.i, "l /.1,' ,. YJ'U " / ( I - // I [, /) " /;~'.-t..t-Ji,e'(111 ~.,. I i 1,--rr;SFATJ- )er tt H. nci \. lnq i! \R1 me lE Ii II :1 I. ,I " ,i -2- HIOI901 RE"y 2.86 This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.~. 304, approved by the General Assembly, June 29, 1953. . . WARNING: tt is Illegal toduplicalethis copy by photostat or photograph. No. ~II~ Charles Hardester:- Stare Regisn'ar Fee for this certi.ficate, $3.00 1816131 JAN OS. 199r Date - <;I/r. H105.143 Rev. 2JtI7 COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH ~ IN "RIIANENT ......ClI_ AGE(lIl!ll~ UNDER , YEAR ......... Doyo UNOER , OM ~!~ SEX .MiLt'.e S1lU'E F1I..E NUMBf." SOOAL SECURffV NUM8ER ..168 - 26 N.AME OF DECEDENT IFirIt. Midr:Ift. L.MrJ ,. ROBERT W. HOCKERSMITH BtIRTHf'LACE (~aM $tMfoorfOf"~Cot"""~ s. COUNTYOFOEIO'H 62 v... ="',0 (}.9 .. F ltanhLi..n ... ChambVt6 bWtg OECEOEM'r$ USUAl. OCC'UMtON 1~~~=:O~~~'"j' . ".. Textboo/i MaYla.gVt. ~~bg. Uru.v. Swlte DECEDENT'S MAkMOADORE'SS(StnMI. Qy/1OMt. SIMlt. r'tJCodPt DECEDENT'S Acrv... RESIDI!NCE 11251 ~~~ MAAfTAl STATUS. Mamed ,.,.., M.,.,. WJdlMred. __I 17..51... POYfYrAy.ftJnVLin F tta.ntGi.i.n DId - ...... -..nIO? f1t1.~ :-..~-=~ MOTHeR'S NAMe (hill. Motlrflw. MedIln~) lO. Gtta.ce Wath 0 n INFORUANT"S MAft.JHO ADOAE'SS ~_ CiIyIbrm, St-.lip QldIl+ ~. 34 Cumbettland Avenue, ShippenhbWtg, PA 17257 Pl.ACE OF DrSPOSmON-N.-oI~. CrerNtory lOCR1ON.~. 9teW.Zipcoa. (tIfOlMrP-. .... 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IN RE: ESTATE OF J. PERRY IN THE COURT OF COMMON PLEAS HOCKERSMITH, DECEASED : CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-78-0559 ORPHANS' COURT DIVISION FINAL DECREE AND NOW, this day of , 1996, upon consideration of the Petition of Catherine H. Leach, it is ordered and decreed that the Trust under Item 4 of the will dated May 8, 1978 of 1. Perry Hockersmith, deceased, is hereby terminated and the balance of principal and undistributed income is hereby awarded to Catherine H. Leach. BY THE COURT,