9.2
Petition For Confirmation of Appointment of Trustee

 
 
 

[SEE CAPTION AT 1.3.1]

 
 

DECREE

 
 

Now,___________________, 20____, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that the appointment of Jane R. Dunn as Trustee of the non-marital trust under the Will of Joseph B. Dunn, Deceased, is confirmed.

 
 
 
   
 
J.
 
 
 
 
 
 

[SEE CAPTION AT 1.3.2]

 
 

PETITION

 
 

The Petition of Jane R. Dunn respectfully states that:

1.

Joseph B. Dunn died on February 7, 2000, a resident of Philadelphia, Pennsylvania, leaving a Will dated June 2, 1988, a true and correct copy of which is attached hereto as Exhibit "A."
 
2.
 Petitioner was appointed Trustee of the non-marital trust under the Will of Joseph B. Dunn, Deceased, by Item TWELFTH of the Will. Her acceptance of the appointment is attached hereto as Exhibit "B."
     
3.
 This Petition is filed because life insurance policy proceeds were made payable to the Trustee of the non-marital trust under the Will of Joseph B. Dunn, Deceased and the insurers will not make payment of the proceeds to Petitioner until her appointment as Trustee is confirmed by this Court.
     
4.
 The pertinent provisions of the Will of the decedent creating the trust and providing for the appointment of the Trustee are as follows:
     
   

"THIRD: I direct my Executor to divide my residuary estate into two fractional portions, one to be known as the 'marital portion' and the other to be known as the 'non-marital portion'...

   
  "SIXTH: I give the non-marital portion to my Trustee IN TRUST upon the following terms and conditions:...
   
  "TWELFTH: I nominate, constitute and appoint my wife, Jane R. Dunn, as Executor and Trustee hereunder..."
     
5.
   Petitioner filed her Inventory of the Estate of Joseph B. Dunn, Deceased, in the Office of the Register of Wills on November 5, 2001, and included therein Decedent's interest under the Agreement at a value of $20,000.
     
6.
   No payments on account of the balance of $20,000 have been paid to Petitioner even though the amount became due on March 8, 2000, and even though repeated demands have been made by Petitioner therefor.
     
7.
   The parties in interest are Petitioner, who is entitled to the first $30,000 and one-half of the balance of the estate, and the Decedent's and Petitioner's two minor children, James Dunn and Janet Dunn, each of whom is entitled to one-fourth of the balance of the estate.
     
8.
   Harry James, Esquire, was appointed Guardian of the Estates of the Minors, James Dunn and Janet Dunn, by Decree of Jones, J., dated October 3, 2001..
     
9.
   Richard Harrison wishes to compromise the estate's claim by paying to Petitioner the amount of $15,000, which Petitioner regards as a fair and just settlement in view of the uncertainties and expense of litigation; however, Petitioner and Harry James, Esquire, as Guardian of the Estates of James Dunn and Janet Dunn, are unwilling to undertake the settlement without court approval.
     
10.
   Under 20 Pa. C.S.A. §3323, whenever it shall be proposed to compromise any claim by an estate, the Court, on petition by the personal representative setting forth all of the facts and circumstances and after such notice as the Court shall direct, may enter a Decree authorizing the compromise or settlement to be made.
 

Wherefore, Petitioner respectfully requests that this Court confirm her appointment as Trustee of the non-marital trust under the Will of Joseph B. Dunn, Deceased.

 
 
 
   
 

Jane R. Dunn

 
 
 

[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3]

 
 
 
 
 
 

[SEE CAPTION AT 1.3.1]

 
 

ACCEPTANCE OF APPOINTMENT
TO SERVE AS TRUSTEE

 
 

I hereby accept my appointment as Trustee of the non-marital trust under the Will of Joseph B. Dunn, Deceased, who died on February 7, 2000, a resident of Philadelphia, Pennsylvania.

 
 
 
 
Dated:      
   
Jane R. Dunn
 
 
 
Note: See Rule 12.6.A.