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9.3 |
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DECREE
Now,___________________,
20____, upon consideration of the annexed Petition, it is hereby ORDERED
and DECREED that Jane R. Dunn is removed as a Co-Trustee of the residuary
trust under Item SIXTH of the Will of Joseph B. Dunn, Deceased.
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J.
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PETITION
The petition of John Smith respectfully states that:
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1.
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Joseph B. Dunn died on July 7, 1991, a resident of Philadelphia, Pennsylvania, leaving a Will dated June 2, 1982, a true and correct copy of which is attached hereto as Exhibit "A." | |
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2.
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By Adjudication dated June 30, 1992, of Jones, J., the Executors' Account was confirmed and the residuary estate was awarded in accordance with the terms of the Will to Old Faithful Bank and Jane R. Dunn, as Trustees under Item SIXTH of the Will. The Trustees were not required to enter bond. | |
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3.
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Under Item SIXTH of the Will, the income of the residuary trust is distributable to or to be applied for the benefit of Jane R. Dunn, and upon her death, this Trust is to terminate and the principal is distributable to Testator's then-living issue, per stirpes. | |
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4.
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On February 1, 2000, this Court entered a Decree adjudging Jane R. Dunn an incapacitated person and appointing John Smith, Petitioner herein, Guardian of her Estate. A certified copy of the Decree is attached hereto as Exhibit "B." | |
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5.
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The incapacity of Jane R. Dunn is likely to continue to the injury of the Trust. | ||
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6.
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This Court has authority to remove a Trustee who has been adjudged an incapacitated person under the provisions of 20 Pa. C.S.A. §7121. | ||
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7.
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Because a Final Account will have to be filed following the death of Jane R. Dunn (who is presently 83 years of age), and an Account would presumably be required at this time were the discharge of Jane R. Dunn requested, Petitioner is requesting only her removal, with her discharge to await confirmation of the Trustees' Account following her death. | ||
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8.
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Attached hereto are the consents of the Co-Trustee, Old Faithful Bank, and of Juliana Dunn and Theodore Dunn, Testator's children and the contingent remaindermen of this Trust. | ||
Wherefore, Petitioner
respectfully requests that this Court remove Jane R. Dunn as a Co-Trustee
of the above Trust.
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John Smith |
CONSENT
Old Faithful Bank,
Co-Trustee with Jane R. Dunn, hereby consents to the removal of Jane R.
Dunn as a Co-Trustee of the residuary trust under Item SIXTH of the Will
of Joseph B. Dunn, Deceased.
| Old Faithful Bank | |||
| Dated: |
By:
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We, Juliana Dunn
and Theodore Dunn, being the Testator's children and the contingent remaindermen
of the residuary trust under Item SIXTH of the Will of Joseph B. Dunn,
Deceased, hereby consent to the removal of Jane R. Dunn as Co-Trustee.
| Dated: | : | ||
| Juliana Dunn | |||
| Dated: | |||
| Theodore Dunn |