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6.5
Petition for Appointment
of Guardian ad Litem and Trustee ad Litem
in Accordance with Rule 12.4.A
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[SEE CAPTION AT 1.3.1]
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DECREE
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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.
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PETITION
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The Petition of Upstanding Trust Company, Surviving
Trustee under the Will of Joseph B. Dunn, Deceased, respectfully states
that:
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1.
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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, . |
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2.
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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. |
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3.
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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. |
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4.
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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). |
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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.
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UPSTANDING TRUST COMPANY
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By:
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Title:
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[SEE AFFIDAVIT AT 1.4.2 OR VERIFICATION
AT 1.4.3]
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| Note: |
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See Philadelphia
Rule 12.4.A. |
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