CHAPTER 9

 
 
APPOINTMENT, REMOVAL
AND DISCHARGE OF FIDUCIARIES
 
 

9.1
Petition for Appointment of Trustee
in Accordance with 20 Pa. C.S.A. §7101

 
 
 

[SEE CAPTION AT 1.3.1]

 
 

DECREE

 
 

Now,___________________, 20____, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that Old Faithful Bank is appointed substituted Trustee of the residuary trust under the Will of Joseph B. Dunn, Deceased.

 
 
 
   
 
J.
 
 
 
 
 
 

[SEE CAPTION AT 1.3.2]

 
 

PETITION

 
 

The Petition of Sally Jones, Executrix of the Will of John Jones, deceased Trustee under the Will of Joseph B. Dunn, Deceased, respectfully states that:

 
1.

Joseph B. Dunn died on July 7, 1991, 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.
 By Item SIXTH of his Will, Testator directed that his residuary estate be held in trust and that the income be paid in equal shares to his nephews, Harold Dunn and Samuel Dunn, for their lifetimes, and upon the death of either of them, he further directed a nephew's one-half share of the principal be distributed to such nephew's then-living issue, per stirpes.
     
3.
 By Item EIGHTH of his Will, Testator appointed John Jones as Trustee of the residuary trust. No successor Trustee is provided for in the Will.
     
4.
 This Petition is filed because the said John Jones died on January 30, 2000.
     
5.
   The First and Final Account of the said John Jones, Trustee, as stated by Sally Jones, Executrix of the Will of John Jones, has been filed for audit in this Court, which Account shows a balance of principal having an accounting value of $400,000 and a market value of $500,000 as of January 30, 2000.
     
6.
   The parties in interest are as follows:
     
   
 

Harold Dunn
2 Main Street
Philadelphia, Pennsylvania

Nephew Life Tenant
     
 

Samuel Dunn Nephew Life Tenant
16 Jones Boulevard
Philadelphia, Pennsylvania

Nephew Life Tenant
       
 

Faith Dunn
2 Main Street remainderman
Philadelphia, Pennsylvania

Grandniece Contingent
remainderman
     
7.
   The consents of all of the above parties in interest who are sui juris to this Petition are attached hereto as Exhibit "B," with the exception of Samuel Dunn who has not consented. Samuel Dunn has been given notice of intention to file this Petition by letter dated February 28, 2000, a copy of which is attached as Exhibit "C."
     
8.
   The proposed substituted Trustee is Old Faithful Bank, 10 Main Street, Philadelphia, Pennsylvania. The consent of the proposed Trustee is attached hereto as Exhibit "D."
     
9.
   Because there is no Trustee now living to administer the assets of this Trust, it is necessary that this Court appoint a new Trustee.
     
10.
   Wherefore, Petitioner respectfully requests this Court to appoint Old Faithful Bank as substituted Trustee of the residuary trust under the Will of Joseph B. Dunn, Deceased.
 
 
 
   
 
Sally Jones, Executrix of the
Will of John Jones, Deceased Trustee
 
 
 
[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3]
 
 
 
 
 
 
CONSENT TO SERVE AS A TRUSTEE
 
 

Old Faithful Bank hereby consents to serve as substituted Trustee of the residuary trust under the Will of Joseph B. Dunn, Deceased.

 
 
 
 
      Old Faithful Bank
       
       
       
       
Dated:  
By:
  
 
 
 
Note: The consents of all other parties in interest should be attached. See Rule 12.6.A. If a corporate fiduciary has not before acted as a fiduciary in Philadelphia, see Philadelphia Rule 1.2.K. If an individual Trustee is to be appointed, the Petition should state the individual's age and occupation.