6.5
Petition for Appointment of Guardian ad Litem and Trustee ad Litem in Accordance with Rule 12.4.A

 
 
 
 
 
 
DECREE
 
 

Now,___________________, 20____, upon consideration of the annexed Petition, ___________________is appointed Guardian ad Litem for Joseph B. Dunn, III, Mary E. Dunn and John J. Dunn, the minors named in the within Petition, and Trustee ad Litem for all unborn or unascertained persons who may be interested in the income or principal of the Residuary Trust under ITEM 4 of the Will of Joseph B. Dunn, Deceased, with authority to represent the said minors and unborn or unascertained persons in all matters relating to the audit of the First and Final Account of Upstanding Trust Company and Jane R. Dunn, Deceased, Trustees, which Account is now pending for audit before this Court.

 
 
 
   
 
J.
 
 
 

 
 
 

[SEE CAPTION AT 1.3.2]

 
 
PETITION
 
 

The Petition of Upstanding Trust Company, Surviving Trustee under the Will of Joseph B. Dunn, Deceased, respectfully states that:

 
1.

Joseph B. Dunn died on July 7, , leaving a Will dated April 3, , which was probated by the Register of Wills of Philadelphia County on July 14, .
 
2.
By ITEM 4 of his Will, Testator directed that his residuary estate be held in trust by Upstanding Trust Company and Jane R. Dunn, to pay the income therefrom to his wife, Jane R. Dunn, during her lifetime. He further directed that upon her death the principal continue in trust, so much of the net income and principal to be distributed to his children as the Trustee deems advisable, until Testator's youngest child attains the age of 25 years, at which time the principal is distributable to Testator's issue then living, per stirpes.
     
3.
The First and Final Account of Upstanding Trust Company and Jane R. Dunn, Trustees under the Will of Joseph B. Dunn, Deceased, has been filed because of the death of Jane R. Dunn, the income beneficiary and Co-Trustee, on January 12, 1999.
     
4.
Testator's children living at the death of his widow are Joseph B. Dunn, III (born April 7, 1992), Mary E. Dunn (born November 12, 1994) and John J. Dunn (February 16, 1996).
 

Wherefore, Petitioner respectfully requests this Court to appoint a Guardian ad Litem for Joseph B. Dunn, III, Mary E. Dunn and John J. Dunn, the aforesaid minors, and a Trustee ad Litem for all unborn or unascertained persons who may be interested in the income or principal of said trust estate, with authority to represent them in all matters relating to the audit of the First and Final Account of Upstanding Trust Company and Jane R. Dunn, Trustees under the Will of Joseph B. Dunn, Deceased.

 
 
 
 

UPSTANDING TRUST COMPANY

   
   
   
By:
 
 
Title:
 
 
 
 
 
 
Note: See Philadelphia Rule 12.4.A.
 
 
 

 
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