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9.6 |
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DECREE
Now,___________________,
20____, upon consideration of the annexed Petition, it is hereby ORDERED
and DECREED that the situs of the above Trust is transferred to Broward
County, Florida, provided that a court of competent jurisdiction in that
state enters an order accepting jurisdiction over the Trust.
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J.
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PETITION
The Petition of Sally Jones, individual Trustee and income beneficiary of the residuary trust under Will of Joseph B. Dunn, Deceased, respectfully states that:
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1.
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Joseph B. Dunn died on March 5, 1986, leaving a Will dated July 22, 1980, a true and correct copy of which is attached as Exhibit "A." | ||||||||||||||||||||||
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2.
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By Item SIXTH of his Will, Testator directed that his residuary estate be held in trust and that the income be paid to his daughter, Sally Jones, for her lifetime, and upon her death, he further directed that the principal be paid to her then-living issue, per stirpes. | ||||||||||||||||||||||
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3.
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By Item NINTH of his Will, Testator appointed Sally Jones and Old Faithful Bank as Trustees of the residuary trust. | ||||||||||||||||||||||
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4.
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By Item TENTH of his Will, Testator gave Sally Jones the power to remove Old Faithful Bank as Trustee and appoint another bank to serve as Co-Trustee in its place. | ||||||||||||||||||||||
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5.
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Sally Jones has moved from Philadelphia to Fort Lauderdale, Florida. By a writing dated March 23, 2000, Sally Jones has removed Old Faithful Bank and appointed New South Bank as Trustee in its place; however, New South Bank is not authorized to act as a Trustee in Pennsylvania so its appointment is contingent upon the change of the situs of this Trust from Philadelphia, Pennsylvania, to Broward County, Florida, the county in which Sally Jones resides and a state in which New South Bank is authorized to serve. | |||||||||||||||||||||||
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6.
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20 Pa. C.S.A. §725 authorizes the Court having jurisdiction of a testamentary trust, on application of a Trustee or other interested party, to approve a change of situs of the trust if the Court finds the change necessary or desirable for the proper administration of the Trust. The life tenant of the Trust is a resident of Florida, and New South Bank has offices there and is authorized to serve as Trustee in Florida. | |||||||||||||||||||||||
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7.
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The First and Final Account of Sally Jones and Old Faithful Bank, Co-Trustees, has been filed for audit in this Court, which Account shows a balance of principal having an accounting value of $750,000 and a market value of $1,235,000 as of April 30, 2000. | |||||||||||||||||||||||
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8.
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The parties in interest, other than Sally Jones, are as follows: | |||||||||||||||||||||||
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9.
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All parties having an interest are living, of age and sui juris. Notice of intention to file this Petition was given to all parties by letter dated May 25, 2000, a copy of which is attached as Exhibit "B." | |||||||||||||||||||||||
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10.
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All Pennsylvania Inheritance Tax and Pennsylvania Estate Tax have been paid in full; Petitioner is not aware of any creditors of the Trust who would be prejudiced by the requested change of situs. | |||||||||||||||||||||||
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11.
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New South Bank has consented to serve as successor corporate Co-Trustee, contingent upon the Court's approval of the change of situs of the Trust requested by this Petition. A true and correct copy of its Acceptance is attached as Exhibit "C." | |||||||||||||||||||||||
Wherefore, Petitioner
respectfully requests that this Court discharge Old Faithful Bank for
its administration of the Trust, approve the appointment of New South
Bank as successor corporate Trustee and change the situs of the Trust
to Broward County, Florida, contingent upon a court of competent jurisdiction
in Broward County, Florida assuming jurisdiction over the Trust.
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Sally Jones |
ACCEPTANCE OF TRUSTEESHIP
New South Bank
hereby accepts appointment as successor corporate Co-Trustee of the above-referenced
Trust created under the Will of Joseph B. Dunn dated July 22, 1980, conditioned
upon the approval by the Orphans' Court Division of the Court of Common
Pleas of Philadelphia County of the change of situs to Broward County,
Florida and the acceptance by the Broward County, Florida Court of jurisdiction
over the Trust.
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New South Bank |
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| Dated: |
By:
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