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2.6 |
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DECREE
Now,___________________,
20____, upon consideration of the annexed
Petition, it is hereby ORDERED and DECREED that a declaratory judgment is
rendered, whereby Jane R. Dunn, trustee under Item SIXTH of the Will of
Joseph B. Dunn, Deceased may, in her discretion, distribute principal to
John Dunn in a sum not to exceed $5,000 annually, without regard to principal
withdrawals made by him from the Trust under Will of Harold Dunn, Deceased
as appointed by Item TENTH of the Will of Isabel Dunn, Deceased.|
J.
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PETITION
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1.
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Petitioner is the surviving trustee of the non-marital trust created under Item SIXTH of the Will of Joseph B. Dunn, Deceased who died on May 11, 2000. A copy of the Will is attached hereto as Exhibit "A." | ||
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2.
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The First Account of Petitioner has been filed for audit because of the death of Henry Doe who had been serving as co-trustee. | ||
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3.
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Under the terms of Item SIXTH of the Will, all of the net income is distributable to decedent's son, John Dunn, and trustee may also distribute to John Dunn such additional portions of the principal as trustee, in her discretion, may consider proper; "provided, however, that in no calendar year shall trustee distribute from principal more than the difference between $5,000 and the aggregate of sums distributed to John Dunn from the principal of trusts created under the Will of John Dunn's grandmother, Isabel Dunn." | ||
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4.
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Following the death of John Dunn, this trust will continue for the benefit of his two daughters, both of whom are sui juris. | ||
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5.
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John Dunn's grandmother, Isabel Dunn, who died on August 14, 1999, was the income beneficiary of a trust created under the Will of her uncle, Harold Dunn, and she also possessed a testamentary power to appoint the principal of that trust among her issue. | ||
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6.
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Under Item TENTH of her Will, Isabel Dunn exercised the power of appointment and provided that the principal subject thereto be held by the trustees named in her Will in further trust for the benefit of her grandson, John Dunn, with provision, inter alia, that all of the income be distributed to him from this trust and that he have the power, upon demand, to obtain, annually, $10,000 of the principal. | ||
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7.
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Isabel Dunn provided for an outright distribution of her own assets to her issue. | ||
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8.
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During 1999, John Dunn withdrew $10,000 of principal from the trust under Will of Harold Dunn as appointed by Item TENTH of the Will of Isabel Dunn (the "Item TENTH Trust"), and it is his intention to make a similar withdrawal for calendar year 2000. | ||
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9.
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John Dunn has requested Petitioner, as trustee, to distribute $5,000 of principal to him from the trust under his father's Will for the calendar year 1999 and intends to make a similar request for the calendar year 2000. | ||
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10.
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It is the trustee's position that she, in her discretion, may distribute $5,000 of principal, annually, to John Dunn from the trust under his father's Will, without regard to principal withdrawals made by him from the Item TENTH Trust since that trust is a trust "created" under the Will of Harold Dunn and is not a trust "created" under the Will of John Dunn's grandmother, Isabel Dunn. | ||
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11.
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Since it is contemplated that this question will arise periodically, Petitioner requires declaratory relief. | ||
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12.
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This Court may grant declaratory relief under 42 Pa. C.S.A. §7531 et seq. to determine any questions arising in the administration of this trust, including questions as to the construction of the Will of Joseph B. Dunn, Deceased. | ||
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13.
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A copy of this Petition has been sent to John Dunn's children whose interests are adverse to the interpretation advanced by trustee. A list of the persons whose interest may be affected by this Petition is attached as Exhibit "B." |
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Wherefore,
Petitioner respectfully requests this Court for a declaratory judgment that
trustee under Item SIXTH of the Will of Joseph B. Dunn, Deceased may, in
her discretion, distribute principal to John Dunn, in a sum not to exceed
$5,000 annually, without regard to principal withdrawals made by him from
the trust under Will of Harold Dunn, Deceased as appointed by Item TENTH
of the Will of Isabel Dunn, Deceased.|
Jane R. Dunn |