HomeMy WebLinkAbout04-03-96
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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 .1... ~ day of o. ~J L--., 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 J. Perry Hockersmith, deceased, is hereby terminated and the balance of principal and
undistributed income is hereby awarded to Catherine H. Leach.
BY THE COURT,
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IN RE: ESTATE OF J. PERRY
HOCKERSMITH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-78-0559
ORDER OF COURT
AND NOW, this 3rd day of April, 1996, J. Perry
HOCkersmith, a resident of Shippensburg, by will dated May 8th,
1978, and by virtue of his death on October 1st, 1978, was
survived by four children, Robert W. Hockersmith, Ruth H.
Mowery, Richard R. Hockersmith, and Catherine H. Leach.
He set up his estate to give each child one equal
share. The share that passed to his daughter, Catherine, an
amount of $16,000.00, was placed in trust. He named his son,
Robert W. Hockersmith, and his daughter, Ruth H. Mowery, to be
the co-trustees of that sum of money with the income to go to
Catherine. Robert has died leaving Ruth the sole trustee of the
trust. The will of J. Perry Hockersmith did not provide for a
successor trustee.
The Court is aware that no bank would administer a
small sum of money such as this trust in the amount of
$16,000.00 or a little over that; therefore, we believe at this
time, in conformity with the statute, that the original purpose
of the conveyor in this case, J. Perry Hockersmith, is now
impracticable of fulfillment and also that Catherine Leach will
benefit from receiving the trust principal rather than the
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limited trust income.
Also, at the hearing today, the people who would
benefit by Catherine's death in receiving the $16,000.00 trust
principal testified that they understand that they are giving up
that right, and they consented to the termination of the trust.
Based upon the above factors I believe that the
petition should be granted and the trust terminated. The trust
principal shall be paid at this time outright to Catherine
Leach, and I so order.
By the Court,
H
ly, P.J.
Kathy A. Morrow, Esquire
For the Petitioner
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