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Home My WebLink AboutOC1969-0348 - ESTATE OF STRAWNLAST WILL AND TES'IA14ENT JUL 211967 J I,ELSIE E.STRA\1N,of the City of \1ashingtono \-Iashington County.Pennsylvania,being of souna mind o memory and understanaingo do hureby make and pUblish this my Lost Will and Testament,hereby revoking all Wills by me at any time heretofore made. ITEtoi 1:I direct that my Executor horeinafter named shall pay all of my just debts and funeral expenses as Boon as con- venient after my decease. ITEl-1 2:I give and bequeath unto Mollon National Bank and Trust Company the sum of Ten thousand and nollOO (010,000.00) dollerso IN TRUST NEVERTHELESS,for the college education of my great grandson,William Lawrence Strawn.My said Trustee shall invest the "" same and may accumulate t~e income from this trust during the term thereof but may from time to time distribute from current income or from accumulated income as well as principal such amounts as the Trustee in its sole and absolute discretion deems advisable for the college education of my said great grandson.Whenever my said great--grandson shall attain the age of twenty-five (25)years or complete his colle8e or graduate school education,which ever event shall occur later,said trust shall terminate and my Trustee shall distribu- te any balance remaining therein to my said great grandson,William Lawrence Strawn.Should my said great grandson elect not to obtain 8 college education and hove reached hie twenty-fifth birthday with- out having completed same,then ssid trust shall terminst e and my Trustee shall distribute the balance remaining theroin unto my grand- son,Lawrence William Strawn. ITEl-1 3:All the rest,residue and remainder of my estateo of Whatever kino and wherever aituate,I give and bequeath unto Mellon ,. Nrtlonal Bank and Trust Company,IN TRUST NEVERTHELESS,to invest and reinvest the same,and to pay the income therefrom 1n installments unto my grandson,Lawrence Willism Strawno and 1n the event of an emergency, __~~...$~,::zsett=~"1i.e;S_.iASi to pay over such portion of the principal of such trust as may be necessary to overcome said emergency.My Trustee shall pay over to my said grandson,one-third (1/3)of the principal romaining in said trust when my said grandson shall attain Elsie E.strawn sp§tl.4ge of thirty-five (3$)years,anG when my s aid grandson shall attain the age of forty-five (45)years to psy over to him one-halt (1/2)of the balance then I"emaining in s aid trust,and when my said grsndson reaches the age offlfty-five (55)years to distribute to him any balance remaining in said trust.Should my said grandson die be- fore the termination of -said trust,then I direct that the balance re- maining ther~in shall be d1stributed in equal shares unto his children and if sny of such chilcren shall be minora the portion of such minor's share shall be retsined bJ Mellon National Bank cnd Trust Company in trust during such child's minority. ITEI~41 All sharee of principal and income of the trusts above croated shall be free from anticlpationo assignment,pledge or obligation of the beneficiaries and shall not be subject to any execu- tion or attachment. LASTLY:I nemeo constitute and appoint Mellon National Bank and Trust Company as Executor of this my Last Hill and.Testament. IN \'!ITltESS v-JHEREOF,I,ELSIE E.STRAt-lN,the Testatrix,have unto this my Last Will and Tostament,set my hand and seal this 23rd day of February ,1966. __E_ls_l_e.........E_..........St_r;..;a_H;.;;;,n~(SEAL) Siened,sealed,publishod and declared by the above-named,ELSIE E. STRAl-IN,as and for her Last \"lill and Tes~ament,.1n the presence of us, who have hereunto subscribed our names at her request as witnesses thereto,1n the presence of the s8ie Testatrix end of each other. ---.Sher..m_B..n__H_·S_leSw.e.l;;;;...-rlITNESS ......r·lsr..s..a....r..e....t Bal ls \iITNESS '\..J AFFIDAVIT OF EXECUTOR STATE OF PENNSYLVANIA, SS.: COUNTY OF WASHINGTON Personally before me,the undersigned authority,a Notary Public in and for said County and State,appeared ARLIE W.OTT,who,being duly sworn according to law, deposes and says that MELLON NATIONAL BANK AND TRUST COMPANY is the executor of the estate of ELSIE E.STRAWN,deceased,that the following schedules constitute a complete inventory and appraisement of the real and personal estate of ELSIE E.STRAWN, deceased,except real estate outside the Commonwealth of Pennsylvania;that the figures opposite each item of real and personal estate in the following schedules are determined and stated by the undersigned to be the fair value of said items as of the date of the decedent's death,based upon a just appraisement of each item made by the above named Executor. Sworn and subscribed before me this 25th day of March 1968-----..;:.:.;;;'---'-~------- / s /Sara M.Van Kirk Notary Public / s /.Arlie W.Ott Arlie W.Ott TRUST OFFICER of MELLON NATIONAL BANK AND TRUST COMPANY EXECUTOR ESTATE of ELSIE E.STRAWN,DECEASED INVENTORY AND APPRAISEMENT of the goods and chattels,rights and credits which were of ELSIE E.STRAWN,Deceased,late of 196 North Main Street,Washington, Washington County,Pennsylvania,taken and made in conformity with the above affidavit. PERSONAL ESTATE SCHEDULE Florida $11.20 1.27 Mellon National Bank and Trust Company Washington Office Checking Account No.355 -1924 Balance 6/10/67 The Commercial Bank at Winter Park, Checking Account No.13 -4535-4 Balance 6/10/67 L,es s checks cleared subs equently Less service charge $239.60 12.47 $67.03 227.13 The Commercial Bank at Winter Park,Florida 5%Certificate of Deposit Dated March 31,1967 $1,500.00 First Federal Savings and Loan Association Washington,Pennsylvania Investment Share Account No.1-1563 10,000.00 Mount Lebanon Federal Savings and Loan Association Canonsburg,Pennsylvania Savings Account No.XI-162 ' Representing Share Interests 10,000.00 Continental Casualty Company Benefits under Accident and Health Policy No.31581266 180.00 Blue Shield of Florida,Incorporated Benefits under Agreement No.l78-09-4556D 202.40 Dr.Donald L.Weeks,Jr. Refund of overpayment on account due to payment from Blue Shield and Medicare 40.00 Orlando Utilities Commission Refund of credit balance 7.68 200 Shares The Columbia Gas System,Incorporated (Delaware) Common Stock (No Par)@27.00 Jewelry (Sold) Coins and Currency (Sold) Total Personal Property Appraisement REAL ESTATE SCHEDULE REAL ESTATE IN PENNSYLVANIA None MEMORANDUM OF REAL ESTATE OUTSIDE THE COMMONWEALTH OF PENNSYLVANIA Property situate 105 West Evans Street,Orlando, Florida. - 2 - 5,400.00 50.00 26.25 $27,700.49 ·~ '" , • '\ INVENTOR Y AND APPRAISEMENT IN THE ESTATE OF ELSIE E.STRAWN, Deceased Filed March 25 ,1968 Attorney:Shennan H.Siegel, Esquire Address:Washington Trust Building Washington,Pennsylvania ·Yd ·'00 J,jOlfH~H'l$'tM STllf\AO tJJlSW.3tJ m~HWn -n3SSfl~ 55 6 UV l2 AUU fi9s t (j~3.'''1J 1 'III~....;'~)""'~ -F.."J .ft;-..J '" ·. IN THE ORPHANS I COURT OF WASHINGrON COUNTY,PENNSYLVANIA NO. ESTATE OF ELSIE E.STRAWN,DECEASED FIRST AND FINAL ACCOUNT OF MELLON NATIONAL BANK AND TRUST COMPANY EXECUTOR SUM MAR Y SCHEDULE "A" PRINCIPAL-.PERSONALTY March 7,1969: Receipts Page 3 Amount transferred from Income- Personalty Account $29,242.46 200.00 $29,442 46 Disbursements Receipts Page 6 SCHEDULE "B" INCOME-PERSONALTY Page 7 Balance 7.260 99 $22,181 47 $1,692 75 Disbursements Page 7 Amount transferred to Principa1- Personalty Account to pay Administrative Expenses $84.64 200.00 Balance NET BALANCE 284 64 1.408 11 $23,589 58 I GBS:sb The balance consists of the following: PRINCIPAL-PERSONALTY Temporary Deposits: Deposited at interest in Mellon Bank FORWARD $21 000 00 $21,000 00 .."<:~~":>Ct ~e "'1 :.-:"4i;;;;'ll ;:r-(lll l'll ':ia --:..~~--"lZ~....,~~Q..['":.<::>:::~o("::lI:::.e.;., tt t:i.C/:)"""co·~~::'''io .,.~(;';)e ~::::.Ii;:::s...,.:'f.\:;....I ~<.;:,.~",':'=i ~~~-.~.:;.,.. I ~§~~'.I ::::.t:.~<:),.:0-!~'1>.j ;:;;~M>o ~l '-~::::-~:~{:~t1:l '",. Q ~S.t§;~....\<.~~c:~~.....C,"~.\::'):::s {~;-"-=Q~,lJ ~~(':>"j (':>\.:~~ ;:"'-to ,~§ '""lo:::-~<1>~.<:::~. ~~r '"1•~~Q (1;l :;.::~ b..2! 0-i::l .-::s'<;:::l ~;t (\)~':~I ~"'l.....~~~,~~...':l :t~~:: 'Wd'"00 r·!"'l·C'!·,I.It /S'"I!Y H)'.I IT fil V J11 S11'/;\AO H3.LSW3H 0J./1\111<,''l']('s'flUnf(J 'I..._~....,f ;;] ~5 6 llV I2 AVIJ 6S,~ .'-"4',,::J1B f"~};~~;!;';'~,.9..:: ~ 1 jJS6U ~1 J J it •"j~~.-. f ~- ~...:.--{,.If.;;.-<~r~ --.....'~/0/(/IS'-- ;.~ 'V4 I'DO tlvl~HiHiSVM Sl'UA4fi.:}4.31£P'~""ti.SHERMA~U S.IEGEr;:·v:J<:J.,tiJ~.l.t~r!l 'n ~~~fH'.Attorne -!'i1:-1aw I J_.....Hf" Washington Trust Building Wash~JlgtQI},,,}?ennsy 1V ariia ti'I J wV 8i H~U fi9_ ESTATE OF ELSIE E.STRAWN,DECEASED .~tj r ~//yt,)! IN THE ORPHANS i COURT OF WASHINGTON@eP .cOUNTY,PENNSYLVANIA n.·iJ{j. j NO';..,~ EXECUTOR Filed~------- MELLON NATIONAL BANK AND TRUST COMPANY Fee BALANCE DUE -$23,589.58 .Ifn(JflOlCJ,£0 wrt ~£.. "',"",p?!,the withm aoooulllr or__~t!"lel1 to cM OQlh~ [>p,.;'Jonprmatu!rI,-~2if~ RP.lJiRtl'!'rmrt (U""k n.n .- ? ~ BROUGHT FORWARD $21,000 00 Cash on hand 1 181 47 $22,181 47 INCOME-PERSONALTY Cash advanced $200 00(See Exhibit No.1 Page 8) Cash on hand 1,208 11 1 408 11 $23,589 58 - 2 - $5,449.26 5.400.00 $10,000.00 10,000.00 1968 Mar. 1969 Feb. 1967 Sept. 1967 July Sept. 25 11 8 21 7 SCHEDULE "A" PRINCIPAL-PERSONALTY Receipts Inventory filed Commercial Bank at Winter Park,Florida:, Proceeds of ancillary administration per Court Order dated 1/29/69 Gain on Sale of Assets Net proceeds sale of 200 shares Columbia Gas System,Incorporated,Common Stock at 27.625 Carrying value Conversion of Assets Without Gain or Loss Proceeds redemption of $10,000.First Federal Savings and Loan Association, Washington,Pa.,Investment Share Account (Registered) Carrying value Proceeds redemption $1,500.Commercial Bank, Winter Park,Florida 5%Certificate of Deposit dated 3/31/67 matured 6/29/67 $1,500.00 Carrying value 1,500.00 $000 00 000 00 $27,700 49 '1,492 71 49 26 Proceeds redemption of $10,000.Mt.Lebanon Federal Savings and Loan Association.Savings Account No.XI-162 representing share interests due 9/30/67 $10,000.00 Carrying value 10,000.00 Oct. 1969 Feb.' 31 28 Withdrawa1'of $2,000 from amount Deposited at Interest in Mellon Bank Carrying value $2,00,0.00 2,000.00 000 00 000 00 000 00 1967 Sept. Nov. 11 22 2 Pu!chase of Temporary Deposits $8,000 Deposited at Interest in Mellon Bank $5,000 Deposited at Interest in Mellon Bank $10,000 Deposited at Interest in Mellon Bank Cash Expended .!Amount transferred from Income-Personalty Account to pay administrative expenses - 3 - 8,000 00 5,000 00 10 000 00 $23,000 00 23 000 00 000 00 $29,242 46 200 00 $29,442 46 1967 July Aug. Oct. 1968 Feb. Apr. 6 6 11 18 26 31 21 30 ,. SCHEDULE "A" PRINCIPAL-PERSONALTY Disbursements Administrative Expenses Mellon National Bank and Trust Company, Washington Office: Payment for drilling safe deposit box No.F165 Washington County Reports: Advertising grant of letters Observer Publishing Company: Advertising grant of letters Nationwide Insurance Company: Annual installment due 7/14/67 on Homeowners' Policy No.6lMP-4-767 Joseph P.Ames:Appraisal of Jewelry Willa E.Paul: Grass cutting 8/10/67 through 10/23/67 re Real Estate situate 105 West Evans Street, Orlando,Florida Commonwealth of Pennsylvania,Bureau of Vital Statistics:One birth certificate for William Lawrence Strawn Mellon National Bank and Trust Company, Washington County,Pa.: Reimbursement for telephone calls $10 00 12 50 12 50 31 00 2 50 60 00 1 00 $11.72 7/20/67 8/18/67 11/21/67 12/20/67 1/18/68 4/30/68 Commercial Bank,Winter Park, Florida,on 6/30/67 First Federal Savings and Loan Association,Winter Park, Florida,on 6/30/67 Willa E.Paul,Orlando Florida,on 7/6/67 Orlando,Florida,on 10/25/67 and Winter Park,Florida on 11/3/67 Orlando,Florida,on l1/i'/67 H.N.Holm,Florida Winter Park,Florida on 3/11/68 7.32 7.32 17.12 2.81 4.84 2.42 53 55 FOR WAR D - 4 - $183 05 ,' $1,000.00 556.00 BROUGHT FORWARD 8/29/67 10/27/67 11/7/67 11/13/67 3/27/68 5040 1,556 00 $23.00 1.00 1.00 8.50 1.00 6.00 Pa.: Sherman H.Siegel:Attorney's fee 12/18/68 PaYment on account 3/7/69 Balance in full Register of Wills of Washington County, Court costs as follows: 7/6/67 Probate of will and grant of letters One short certificate One short certificate Exemplification of records One short certificate Filing inventory 7 27 1968 Mar. 1969 Mar. 7 Mellon National Bank and Trust Company: Compensation on Executor $1,459.66 Services re extra-testamentary assets 300.00 1 759 66 $3,539 21 1967 July 21 Preferred Debts Stewart T.Barnhill Funeral Home: Funeral expenses Less discount $2,053.10 31.00 $2,022 10 Aug.8 Stewart F.Barnhill:Removing remains from Greater Pittsburgh Airport to Barnhill Funeral Home 47 25 Sept.5 Keith L.Hanson,M.D.:Professional services 25 00 12 J.Cornall Howarth,M.D.:Professional services 200 00 15 John H.Cole,M.D.:Professional Services 15 00 Nov. 1969 Feb. 7 18 Orange Memorial Hospital: Balance due on hospital expenses S.Whites Sons:Inscription on grave marker 8 52 17 60 2,335 47 1967 July 14 Other Debts Atlantic Richfield Company:Gasoline $3 65 Aug.1 Gulf Oil Corporation:Gasoline 1 50 14 Willa E.Paul:Reimbursement for various services and payment of utilities 164 53 18 Southern Bell Telephone and Telegraph Company: Final Service 33 27 FORWARD $202 95 $5,874 68 - 5 - 1967 Oct. 1968 Mar. May June 1967 Sept.8 3 18 28 14 BROUGHT FORWARD J.C.Penney Company:Charges Winter Park Federal Savings and Loan Association:Mort~age payments for months of July,1967 through March,1968 at $63.00 a month Earl K.Wood,Orange County Tax Collector: Balance due on 1967 Real Estate Taxes City of Orlando,Florida: 1967 City Tax on Real Estate Other Taxes Commonwealth of Pennsylvania:Payment on account of Pennsylvania Inheritance Tax, being 2%on $17,500.00 $350.00 Less 5%discount 17.50 - 6 - $202 95 89 91 567 00 121 45 72 50 $5,874 68 1,053 81 332 50 $7,260 99 1,152 00 SCHEDULE "B" INCOME PERSONALTY Receipts Dividends Columbia Gas System,Incorporated,Common 200 shares -paid 8/15/67 Interest-Temporary Deposits Deposited at Interest in Mellon Bank: Interest received during period 9/11/67 through 2/28/69 Miscellaneous Commercial Bank,Winter Park,Florida, Certificate of Deposit: $1,500.3/31/67 to 6/30/67 First Federal Savings and Loan Association, Investment Share Account No.1-1563 $10,000.1/1/67 to 7/1/67 $18 75 225 00 $72 00 I 1969 Mar.7 Mt.Lebanon Federal Savings and Loan Associatio Savings Account No.XI-162 representing Share Interests $10,000.4/1/67 through 9/30/67 Disbursements Administrative Expenses Mellon National Bank and Trust Company: Compensation as Executor Amount transferred to Principal-Personalty account to pay admini.strative expenses - 7 - 225 00 468 75 $1,692 75 $84 64 200 00 $284 64 EXHIBIT NO.1 Payment on account of distributive shares: INCOME-PERSONALTY Mellon National Bank and Trust Company, Trustee under Item 3 of Will for Lawrence William Strawn: Advancements on account of distribution: 9/30/68 Cash advanced 2/5/69 Cash advanced - 8 - $100.00 100.00 $200.00 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF WASHINGTON ) SS ARLIE W.OTT,Trust Officer of the MELLON NATIONAL BANK AND TRUST COMPANY,the above named Accountant,being duly sworn according to law,deposes and says that more than six months have elapsed from the date of grant of letters and from the date of the first complete advertisement of grant of letters testamentary,that the disbursements shown in the account have been made to the parties entitled thereto;and that the account as stated is true and correct as he verily believes. Trust Officer Sworn to and subscribed before me this ltd day of ~A.D.1969 ~vte&.)no .~~~ .//Notary Public REQUEST FOR DISTRIBUTION Accountant requests that distribution be determined by the Court in accordance with the Petition for Distribution to be offered in evidence at the audit of this account. Mellon National Bank and Trust Compan~ Observer .Reporter WASHINGTON,PENNSYLVANIA PROOF OF PUBLICATION In compliance with the News,paper Advertising Act of 16 May,1929, P.L.1784,3JS amended. Commonwealth of Pennsylvania,County of Washington,SS:. Personally appear'ed before me,a Notary Public in and for said County and State,Ric.h.ard S.c..Qw.an ,who being duly s,worn according to law,deposes and says tha;t he is the s..e.c.~.y.......&....T.re.as • of the Obs'erver Publishing Company,a Benns,ylvaniacorporation,and its agent in this behalf;that the said Company is,the owner and publisher of the Observer-Reporter,succ'essor to The Washington Observer,established September 18,1871,and The Washington Reporter,€stablished August 15, 1808,a daily newspaper of general circulation,printed and publis'hed and having its place of business at Washington,Washington County,Pennsyl- vania,where it or its predecessors have been established and publIshed continuousIy for more than six monthsl prior to the publication of the notice hereto attached;th3Jt the printed notice or advertisement hereto attached is a 'copy of an official advertis€ment,official notice,legal notice or legal advertisement,exactly 3;S printed or published in the Obs1erver-Reporter in its regul3;r editions on the following date or dates;_. .........................July 3.,1.0 and 17..,1.9.61 . that neither th'e affiant nor the Observer Publishing Company is interested in the subject matter of said notice or advertising and that all of the aUega- tions'of this affidavit as to the time,place and character of publication are true..&~.,.~. ___J_..J.....__....-=.. EXECUTOR'S NDTICEESTATEOFELSIEE.STRAWN de- ceased late of Washington.Washing· Um County,Pennsylvania Letters Testamentary upon theaboveestatehavingbeengrantedto the undersigned,notice is hereby given to th\lse indebted thereto tomakeimmediatepa:tment am;l to those having claims or g~mands topresentthemforsettlente'nt.Mellon National Bank and Trust '-,Ccmpany,Executor40SouthMainStreetWashington,Pennsylvania 15301 .Sherman H.Siegel,Attorney ~Washington Trust Bldg.•Washington.Pennsylvania '15301•6754·Mon.·3t Sworn to and w.26752 '. ~Y:"f&~~"~b§ffiR..Vffr Washington,Pennsylvania (PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION) PROOF OF PUBLICATION Estate Notices The Register of Wills has granted letters, testamentary or of administration,in the following estates.Notice is hereby given to all persons indebted thereto to make payment without delay and to those hav- ing claims or demands to present them for settlement to the Executors or Admin- istrators or their Attorneys. •• ••• • • • • • • • • • • • • In compliance with the Newspaper Advertising Act of May 16,1929,P.L. 1784 Sec.3,paragraphs (3)and (25). COUNTY OF WASHINGTONt STATE OF PENNSYLVANIA (SS. Per30nally appeared before me,a Notary Public in and for ~aid County and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes and says:that he is the Editor of the WASHINGTON COUNTY REPORTS,the official legal peri'odical for said Washington County,publisbed weekly having its place of business at Washington,Washington County,Pennsylvania,and is act- ing as its agent in this behalf;that the said WASHINGTON COVNTY REPORTS was established on March 31,1920,and was designated as the official legal publication for Washington County,Pennsylvania,by order of the several courts of.said County,dated November 11,1920;that the printed notice or adver- tisement attached hereto is a copy of a notice or advertisement,exactly as printed or published,which appeared in the said legal periodical in its regular issues on the following dates: ......._~~.~r.._?!....~~.??9._~.J.?..?.?.. that the affiant or the corporation in behalf of which he is acting is not interested in the subject matter of said notice or advertising and that all of the allegations of this affidavit as to the time,place and char~of the publicatioo are true.~---~---_: Sworn to and su~ore me this ~ ...~.~..day of...~Y..:,196 .. .....';1,~.k~.._@.~.._..~_..~~~ .N'c'ary Public KATHE-RINE C.YARD,Notary lie; Washington,Washington Co.,Pi, My Commission Explrlll November 1,1969 STRAWN,ELSIE E.,Dec'd. Late of Washington,Washington County,Penna.&Executor:Mellon .National Bank Trust Co.,40 South Main St.,Wash-ington,Pa.15301Attorney:Sherman H.Siegel,215WashingtonTrustBldg.,Washington, \Pa.15301 lin t~r ~rp quns·mourt of lIusqington Ql:ounty In the matter of the Audit of Account in )i Estate of_.....:E:::.L=S:...::I::.=E=-.:E~.--=S:....:T:..:RA:.=WN:":":":....!.f---..::d;:..e;:..c=e.:;a:.;:s:....:e:....:d=-1 TO THE AUDITING JUDGE: No.348,----Uo...L.f_~1.L9~6.L9__,)@{XXXX\XXx Enter m::.;..:.4;y appearance for·__~A~c:::.c::::..::o:...:u=n::...:t:.:a:::n::...:t=___ 2 2nd day of.M-'-=-a...y_',19_6_9_ N.B.-Counsel -shall,by separate paper,present a concise statement of each claim,with supporting calculation of any interest claimed.Objections to an account as filed,shall be concisely stated in a separate paper. Council suggesting proper distribution shall file a separate concise state- ment in that regard. No.348 of 1969 ,XKXXXXXXX i.ftL.n Gth.,J. t:n iiitdft.=~• ;'-:t:: 0:::---•><:f~o fbi ltZJ:~l.Lu..~.t:l :a:: k:i t-- _J £"r:'c:> ~ :::-j ...:..I-...;:1 ~c.;, of'•~d i! ~)~~v?~~ ~, :;:.:>0V) t,s,"":. en G::lJ.J ~.~~.. In re Audit of Account in Estate of ELSIE E.STRAWN,deceased AUDIT 'rarripr for 1\ppraraurr FOR ~L1Qn National BanL.and._ Trust Company,Executor. SHERMAN H.SIEGEL.ESQUIRE,----~Attorney ..=============~~2 PETITION SUR AUDIT IN THE ORPHANS'COURT OF WASHINGTON COUNTY Testate Form j Estate of ~.~~~..~~~.~~!.\-.!Y.~..------_No..__}1.~._91_~.<tf?9 ....__..__....__c_~.._~::.~..•.•..•. . .~...........•.,.,." --..·-f---,~-.-.--"----------_-....•...- T ---~T -Deceased or-, Fiduciary=_~~g9-~_N?:t~R:r?-~LJ?_9:p'.~,~.:nd__......_ I I ...~.~.~~~.~.9.~'p'?:gY.t..~~.~~}J.19X .._..._..._... ""\."'\t ~ Date afT Date of _:J:&ecede'.:lt's d~at1?.:'.::!~g~.J.Q.LJ9..f:!.?__---.__.'- .Grant of Letters J}J..~~..?9.,~9.9.7._.____ This,is,the,...•.......X:i-.:r.?.t..~n-.d ..:f.m~J account fi led in -this estate -)-'\. ,').- -'..'(-.-~.--\l "N .If there have been fQ.!:n'ler accounts'filed in this estate,list file number or number and term R _._._. T ",c-')~--: Election to take N.A. Under or Against will.(cross out one) Date Election Place of; Fi led _____...Record.>-.__•••••_.-•••••__._•••••••••• gre,~t gra.nj~on -grandson Did decedent:marry after-execution 0f wi II?,(indicate)·3{Rx~No.Any chi Idren-born after execution of wi II?(indicate) ,,-T -')-,-m.No.If answ~r.yes,name them ____ _.._______._..._____.....:.,,--).: .............................-_________oo ....................................................................•-;;~_1 _'_.~•."':. Le9·atees Relationship Interest Fiduciary,if deceased or not sui juris Mellon National Bank &Trust Co., Trustee for William Lawrence Strawn Mellon National Bank &Trust Co., Trustee for Lawrence William Strawn None None Cash bequest Residuary estate List,if exceptions to above:Adeemed:Revoked:Lapsed:Abated:Give Cause: If partial intestacy,give facts:NONE Notice to interested parties.Have all parties,having either vested or contingent interests and all crediors entitled to notice (Court Rule No.9 paragraph C:Section 6:Subdivision c)received written notice of the filing of the account and of call of audit?Yes.~x . If any exception give cause:. File copy of Notice .,(~,) and date of mailing M.<:t.!.~~.~.~.,..}.9..9.9 ,. I Is estate subject to the filing of a ~ederol,Estate,Tax Return?~.9 . Actual payment made on Pennsylvania Transfer Inheritance Tax.Amount $.J.~.?,.:5..Q..l$.J~.Q.J~R.f?.d.:i,~.c.Qnn.tL.. If the Will makes any portion of estate subject to a life-estate,give name and birth date of life tenant..~.~. Give Names and addresses of all unpaid creditors who are legally entitled to notice,together with the -amounts of such claims;state whether they are admitted to be cqrrect;and whether the claim is denied. •>\ NONE Give reference to such parts of the will as require interpretation by the Court;a reference to all questions re- quiring adjudication,and a statement of any other facts deemed necessary for the preparation of the adjudication: NONE J -".,r ..... y •T ~ ., Balance for distribution per account,, Itemize any additional debits not shown by account: Income Personalty: Deposited at interest in Mellon National Bank &Trust Co:Interest earned 1/1/69 thru 3/31/69 Total additional deMts (Add).. Itemize any additional credits not shown by account: Princi~l..Personalty:_.J'____.~ Regist~r of Will~:~;_Cos;t of filing :r::irst apdFinal ~ Account -- Income Personalty: Accountant's compensation Total additional credits (Subtract) Balance for distribution $.~.~.!.~.~.?:.~-~--------_.._... $207.12 $?Q!..J~.. $22.00 ~xi~._........ $TC3"6 23 7 64.34 .$---_..~_ . $2l,00~.00 1~159.47 If balance for distribution is not in cash,list each item held in kind,giving appraised Value (or distribution Value); Principal Personalty: Deposited at interest in Mellon Bank (to be treated as cash) Cash on hand Income Personalty:,\> Cash on hand Cash advanced per account Cash advanced to Mellon Bank as Trustee for Lawrence William Strawn (Subsequent to Filing First ~.. 11 -' &Final Acc~t) ,-.,-'\-.\ 804.87 200.00., 600.0-0 $23,764.34 If Family Exemption claimed by Petition,give place of Record:~=~:. If Family Exemption is claimed at audit,give name,relationship and basis for Claim:~:~. List any advancement or distribution on account that has been made,and nature and amount of same: Mellon National Bank and Trust Company,Trustee for Lawrence William Strawn _ Income advancements 9/30/68 2/5/69 4/8/69 $100.00 100.00 600.00 Suggested distribution of baLance shown,both as to principal and income,attaching signed and itemized elections to take in kind if balance is not in cosh:residuary shares being stated in proportions: -Iplus~interest,td Mellon National Bank and Trust Company,Trustee for William Lawrence Accquntant respectfully requests Your Honorable Court to award payment of $10,000.00'\. Strawn,with balan.ce,principal and income,to Mellon National Bank and Trust Company, Trustee for Lawrence William Strawn;with credit for advancements as shown• ., COUNTY OF WASHINGTON,SS: COMMONWEALTH OF PENNSYLVANIA. The above named Fiduciary or representative thereof, being duly swo.r,n doth depose and say that the facts set forth in the foregoing petition are true to the best of ~~?knowledge and belief. ....§.~.~:r::n to and subscribed before me this...!~i;·-'-.day of M.Q..¥'19.fJ9 . Signature of <?f~icer~'<"7:n.;.I..t£:Y.v...Y..~. Title of Officer..,~.?~~E.Y...~.':l:~~~~. .~d ?1l'o\\COfficeexpires,:•....:•.!.~..t.r...Z.q..........•...!'~d~~L-,"J.~:.~W:'"c.ou '··'\11.'J1'-~I~s'l\il\c'tr,1\'(.:I-\li\es SI\R~~_"\,•",.,,is,;\OIl \.91\) "10;;"'\"-"CJ"~~.,\"~c,.,ouel And your petitioner will ever pray,etc. Mellon National Bank and Trust Company, Executor Estate of Elsie E.Strawn,Dec'd• -~x:_-__~Ldf1L _ Trust Officer ..............................................................................................................~. ..."No.348 of 1969 ~ d ~.;. ):." / .J .> J I 1 Estate of ~t~;J;~..E:..S.t.RA.W.N.,. ••••••••••••••••••••••••••••••••••••••J••••••~••••••••••••••-_.-_._•••••• Deceased , Fiduciary...~.~.~~:9.!!.'.:t';T.~tr~9P..~~.J?~D.~.g..tlQ.... .J .J ,),!..:.'?:~~.~~.~.l?~~x.~..:?~.~.~~.~~-~_ . .,.I PETITION SUR AUDIT."~)FROM WHERE D~CEDENT!LEFT A WILL Counsel of Fiduciary will submit herewith the following,in conformi<ty with Court Rules adopted effective c;>ecembe-r 3,1951,being rule No.9:pa rag ra p-h b~c;and divisions thereof:shown on pages 23-24. 1.Written pr~ec'ipes Q"f ai"Counsel in the case.) 2.Copy of order'appointing Guardian ad litem,if pertinent. ..J \3.Copy of Order appointing Trustee ad litem,if pertinent.I1 4.Proof of sejvice,of abov:e. 5.Letters Testamenta~o~Administration C.T.A.or ~an i:Jttes"t copy of Will. 6.Copy of inventory and appraisement. j -') 7.Proof of advertisement of grant of letters if not filed ~ith account. 8.Certificate of'I;iens)in 'case any of the funds for distribution are from judicial sale of real'estate.~,..-;; 9.Signed and itemized elections if any distribution in kind. 10.Copy of Fegeral Estate Tax return if es- tate is subject ther~to.) ! s h~.~~9::r?-..H.~..§.~~g.e.L _....•..................Attorney ........2 "Vel ~'Di)fWl:n~1 HSV/A S"n.llA.::ID tJ31SJ ~3B ON8~H1W 113SSfltJ S5 6 U~l2 h~U 69. Jt(J .3 0"],..:1 .) . I ) < o , 'i ) l) I ,) .-I ,.f' Vory truly youro, Trust Dopartment .1..MELL~N NATIONAL BANK AND TRUST COMPANY Washington Office·.40 South Main street Washington.Pennsylvania 15301 Ma r ch 2 1,1969 Mr.Lawrence Strawn clo Mrs.Naomi Vallone 130 SUD.get Drivo Waohington,Pennoylvanie 15301 DonI'Mr.Strn'\'?l1: Estate of Eloie E.Strawn -Acco.,....~~ -Enclooed io a conformed copy of our Flfllto-"!l~ filed to No.348 of 1969 on March 1 oome time during the YJeeh b()gi~rD4 Room at the Court Houoe,Vlnohi~lO'Q You maybe prooent or reprosented AD you are aware,th ndmother's Will provideD income to you for your life.count and upon receipt of the Decree,the trust f 1 be f cad and the rernainlna bnlanco, aftor oottlement of itnnce UUt which may be due ond tho funding at Qat to the cmtant of $10,000 and tho paym inte ot 0 e boquo ince your srandmothor'o dcnth,of in- com in be available t~~::::~ou.may oioh tondvioe UG how IAmo canbo de rod to you. GFPJr:jbm - EncloDure HELLON NATIONAL BANK AND TRUST COM;PANY Washington Office 40 South Main street was"~np-t."Tl P"'n'1sy17ul1i-:~,1 ~·3 D1Y'..,:".1.0 ,./VJ..,v.- March 21,1969 Mrs.Jacqueline Longstl'eath 625 Addison Street Washington,Pennsylvania 15301 Dear 1\41'0.Longstreath: 1 Eotate of Elsie E.Strawn ...Ac~~~ As mother and natural guardian writing to advise that as Ex.ecuto March 18,1969,filed our First a Regioter of Wills of Cou No.348 of 1969.I {or at the Court Hou.s week beginning repreoe ted by c Trust Department ,we are In t4t arnm nf atnmmnn JUras nf IIns4ingtnn arnunty, Jruusylnania,(@rp4nns'arl11U1 Dinisinn J ESTATE OF Elsie E.Strawn, Deceased. No._--=-34.=..:8::......:::..:of;:...1:=..;9:::...;:6o...::9 _ In the matter of the__F_i_r _s t_a_n_d_F_l_'n_a_l__ Account of MeJJon Natjonal Bank and Trust Company,Executor SCHEDULE OF DISTRIBUTION Balance per account _ Additional debit asked at audit Additional credit asked at audit Balancee::-.._ Deduct Clerk's Costs &Receipts 1 AMornev__S_h_e_r_m_a_n_H_._S_ie...,:g::.,.e_l 1 Russell Marino,Agent,transfer inheritance tax,$77.93 Interest from 9-10-68 to 6-3 -69,3.41 Mellon National Bank and Trust Company,Testamentary Trustee for William Lawrence Strawn,a great grandson, legacy in trust under the provisions of the will,credit to be taken by the accountant for funds advanced prior to distribution by the Court,plus interest ($595.00), 207.12 32,36 39.00 $23,589 58 $23,796.70 ~3.764,34, $13,049.00 Mellon National Bank and Trust Company,Testamentary Trustee for Lawrence William Strawn,grandson,residuE, under the terms of the will,balance,including income accrued to the amount of $1009.87,credit to be taken by the accountant for income in the amount of $800.00 advanced prior to distribution by the Court,13049.00 No balance J (J , , / -.J 0 ~::J"Z....~p>'[a .... rJ'?:r e;s::(\) -----:&on.~.CXl a 3 Ion e{.?~~~0 i (,.:,Ir!:.... C"):n..J0-;....""~"'..=!•M ~ci?;t';)S2::~x=4dt (}......:r ~tt::::~Ii.>~.... C't Q CD t etc =t-...J trl ~.... L·~f'o..J ......1 .td-I J .,.t9 . It •.l ~ztt S2:: o.-J e V1 tJ)......~{/J~::t=tt::~(J)(/) ~a;ilj « l6 C')0':-;0 Sc..o '!'\.."~ ~,,\a j ij,L j j~ .J '\'-~ J j J J __..t -J ~_.J j \.\J'\''-'-- .\'\_..:J J ~, J '-J cJ ~J. ,' J "j ---J L J 11 j >~• .,..JJ ;",. J J J __Vl ~ j .1 ..)~J ,J.j )J J 1 _ __!olj .&._.,.J' -j ./.)) J.J ,)_J ._J j ~ L .1 .........1 C,_.J _-..J .) JL J ~J' .) I ...>J .... j J J .V -,.-----------------------.-----------.J IN THE MATTER OF THE.ESTATE OF 1 IN THE ORPHANS'COURT IN ,lI.ND FOR WASHINGTON COUNTY.PENNA. ELSIE E.STRAWN DECEAS.E0: 348 of 1969NO.-=----=_-----_ Mellop National Bank and Trust Com.pany,Testa- KNOW ALL MEN BY THESE PRESENTS.THAT m.entary Trustee for William.Lawrence Strawn ~'"e s /DQ /HEREBY ACKNOWLEDGE TO HAVE RECEIV·ED FROM MELLON NATIONAL BANK AND TRUST COMPANY_._--E--=x::...e=-=c--=u:::.:t:.c0=-r=--------- OFTHEESTATEOF ~E~l~s.i~e~E~.~S~t.r~aLw~n~DECEASE~THESUM OF Ten Thousand Five Hundred Niru;1y-Fiye and no/lOO ---------($10,595.00 --- - )DOLLARS IN FULL OF THE AMOUNT AWARDED ME UNDER THE DECREE OF THE ORPHANS'COURT OF WASHINGTON COUNTY.PENNSYLVANIA MADE AT No..~3"--4""'8"'----'o.uf---"'l_4.9--'-6w9'--_ June 19---.2.L. Mellon National Bank and Trust Com.pany,Testa- m.entarY}-Tye f 9r)~m.Lawrence Strawn By:~?CW=-~ Trust Officer ~ 595.00 WITNESS MY HAND AND SEAL THIS__-l~,-t:t.=~__DAY OF W"N~k<-J£lwI# Principal cash $10,000.00 Incom.e Cash -interest from.6/10/67 W.8282 't' /' NO.348 of 1969 ORPHANS'COURT ESTATE OF ELSIE E.STRAWN DOCKET PAGE _ RECEIPT FROM Mellon National Bank and Trust Company,Testamentary Truste for Willia:m Lawrence Strawn TO Mellon National Bank an<;l Trust Company,Executor FILED 19__ • I,' •. .. IN THE MATTER OF THE ESTATE OF } ELSIE E.STRAWN---DECEASEO: IN THE ORPHANS'COURT IN AND FOR WASHINGTON COUNTY,PENNA. 348 of 1969NO._ , Ii' Mellon National Bank and Trust Company,Testa- KNOW ALL MEN BY THESE PRESENTS.THAT mentary Trustee for Lawrence William Strawn es DO!HEREBY ACKNOWLEDGE TO HAVE RECEIVED FROM MELLON NATIONAL BANK AND TRUST COMPANy --"E"""'x.....e""C........ll.....t""oLJr"------_ OFTHEESTATEOF E~l~s~i~e~E~.~S~t~r~a~w~n~_~------DECEASE~THESUM OF Thirteen Thousand Forty-Nine and no!HW h ----- ------ ---- ---('$13.049.00----:1 DOLLARS IN FULL OF THE AMOUNT AWARDED ME UNDER THE DECREE OF THE ORPHANS'COURT OF WASHINGTON COUNTY,PENNSYLVANIA MADE AT No.---=3'--'4'-'8"----"'o.....f-"'-19~64_9 , WITNESS MY HAND AND SEAL THIS 4-'-·----"1i~"__DAY OF June 19~. (1~Mellon National Bank and Trust Company,Testa d mentary ;',u~t~e ~~nce William Strawn WITNESS ~,1:'By:(0A£'~u.L ~~Pri~pal ca{h '~~4 Trust Officer ~ Income cash '206.46 Income advancement 800.00 $13.049.00 W.8282. I· Trust ,~ NO.348 of 1969 ORPHANS'COURT ESTATE OF ELSIE E.S TRAWN DOCKET ~AGE,_ ~CEIPT .--: OUJ<'~,~:::o... -FROM;:::~t :::.:~3=.?,.>QMello...n.~.ati"onal B~n:k:-Cil...pd Trustrl.'0;-;Com~arry"~~sta~J:p.!~'t:y Truste~ for Lawrence WillicHh\Strawn..=,v#)~J .::-.J:::::a (}):--:r.: -:.TO:::'0 (,/J ""-~llJ"<'.(~..~.~~.lt~... Mellon National Bank and Company,Execute!' FILED 1'9-- I' l I ~, v .. ~, IN THE COURT OF CO~'IMON l?LEAS OF ~\TASHINGTON COUNTY,l?ENNA • NO.O~iWA~f'19~~RT DIV. IN RE: TRUST FOR LAWRENCE WILLIN1 STRAWN,MELLON BANK,N.A.,TRUSTEE PET I T ION COrder Within) ..1 I \~ :::::::;;...., c.,(j " ~~: r -..I >...~~ ----i~.... <'.:''-... \.,.)...:::: -~C _ "I""-(.fl , --..: -...J -.-_::"-c-, 6·......w en -':7 ,-" r"r'V ~ ~~ ~_r ~ r'"~,~..,~"-t Ii _~ c '"\)...0- .' .' SHERMAN H.SIEGEL ATTORNEY AT LAW WASHINGTON,PENNSYLVANIA WASHINGTON TRUST BUILDING IJ~-//I ..., ,. .. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS t COURT DIVTSION IN RE: TRUST FOR LAWRENCE WILLIAM STRAWN, MELLON BANK,N.A., TRUSTEE NO.348 of 1969 PET TTl 0 N TO THE HONORABLE JUDGES OF SAID COURT: The petition of Lawrence William Strawn,respect- fully represents: 1.Your petitioner resides at 2279 Belmont Avenue, Wolfdale,Washington,Pennsylvania. 2.Your petitioner is beneficiary of a Testamentar Trust established by ITEM 3 of the Will of his Grandmother, Elsie E.Strawn,who died June 10,1967,said Will providing as follows: ITEM 3:All the rest,residue and remainder of my estate,of whatever kind and wherever situate, I give and bequeath unto Mellon National Bank and Trust Company,IN TRUST NEVERTHELESS,to invest and reinvest the same,and to pay the income there- from in installments unto my grandson,Lawrence William Strawn,and in the event of an emergency,to pay over such portion of the principal of such trust as may be necessary to overcome said emergency My Trustee shall pay over to my said grandson,one- third (1/3)of the principal remaining in said trust when my said grandson shall attain the age of thirty-five (35)years,and when my said grandson shall attain the age of forty-five (45)years to pay over to him one-half (1/2)of the balance then remaining in said trust,and when my said grandson reaches the age of fifty-five (55)years to distribu e to him any balance remaining in said trust.Should my said grandsmdie before the termination of said trust,then I direct that the balance remaining therein shall be distributed in equal shares unto his children and if any of such children shall be minors the portion of such ~inorfs share shall be retained by Mellon National Bank and Trust Company in trust during such child's minority. 3.Your petitioner attained the age of thirty-five years on September 17,1976 and pursuant to the terms of said trust,one-third of the principal balance in said trust was distributed to him by the Trustee,Mellon Bank,N.A. ...(' 4.Your petitioner is informed by the Trustee that there remains a principal balance and accumulated income in said trust amounting to $3,221.88. 5.Your petitioner has entered into an agreement to purchase a parcel of real estate in Canton Township from George W.Vitteck,Sr.et ux.for $3,500.00,wherein petitioner proposes to open an automobile repair shop. 6.Petitioner has no separate funds for the purchase of said property except such funds as remain in said Testamentary Trust. 7.Your petitioner believes,and therefore,avers that said trust should be terminated for the following reasons: (a)that the opportunity now presented to petitioner to establish his own business is such an emergency as was in the contemplation of the Testatrix, (b)that the distribution of the balance remain- int in said trust at this time would more nearly approximate the intention of the Testatrix rather than the annual distribution of small disbursements of income which are too insignificant to benefit petitioner, (c)that the original purpose of the trust has bec me impractical of fulfillment because of the small corpus remaining in said trust, (d)that it is uneconomic to continue to administe said trust and there is no ultimate purpose in its continuation, and (e)that the only purpose of the trust was to postpone distribution to petitioner until he reaches the age of fifty-five. WHEREFORE,petitioner prays Your Honorable Court to direct the termination of said trust and to direct Mellon Bank,N.A., Trustee of said Trust,to distribute to him the balance of . ... principal and accumulated interest therein,after deducting commissions,counsel fees and costs in connection with the administration and termination of said trust. .... COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON .,;., SS: ,. Before me,the undersigned authority,personally appeared LAWRENCE WILLI&~STRAWN,who,being duly sworn according to law,deposes and says that the facts contained in the foregoing Petition are correct and true to the best of his knowledge,information and belief. L~.tO;/L.L 1/'II'Lawrence Wl lam Strawn Sworn to and subscribed before me this day of Noy,embe~,1977. ~aNZ/(3~Notary·p~liC MARGARET BAILS,NOTARY PUBLIC WASHINGTON,WASHINGTON co PA. MY COMMISSION EXPIRES fEB.27,1979 '...,. IN THE COURT OF CO~MON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: TRUST FOR LAWRENCE WILLIAH STRAWN, MELLON BANK,N.A., TRUSTEE NO.348 of 1969 4th ACCEPTANCE OF NOTICE OF PRESENTATION OF PETITION MELLON BANK,N.A.,Trustee under the Will of Elsie E.Strawn,acknowledges receipt of a copy of the within petition and notice of the intended presentation thereof this day of November,1977.------ ~lliLLON BANK,N.A. ...(•r ,'i' IN THE COURT OF CO~10N PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: TRUST FOR LAWRENCE WILLIAH STRAWN, HELLON BANK,N.A., TRUSTEE NO.348 of 1969 o R D E R petition is directed to be filed and AND NOW THIS 10th day of November,1977,the Thursday 8ththe day of December ,1977,at 1:30 -------------------..:...-----1 0'clock P.H.is fixed as the time for hearing thereon. All interested parties shall be given written notice of this hearing. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: j TRUST FOR LAWRENCE WILLIAM STRAWN, MELLON BANK,N.A., TRUSTEE NO.348 of 1969 DECREE AND NOW THIS 8th day of December,1977,after Hearing in Open Court,notice having been given to all parties in interest,and upon consideration of the evidence produced at said Hearing,the Court finds that in light of"the impending <miners'strike and in light of the settlement date of the agree- ,~ ment for purchase of land from George W.Vitteck,the Court is of the opinion that the petitioner is faced with an emergency warranting the termination of the trust,and therefore,it is ORDERED AND DECREED that the trust established under Item 3 of the Will of Elsie E.Strawn be terminaed,that the principal balance therein together with accumulated income,after payment of counsel fees,trustee's commissions and costs,be distributed to Sherman H.Siegel,attorney for Lawrence William Strawn,with the express purpose of completing the purchase~of said property from George W.Vitteck,any additional funds required to complete said purchase to be furnished by the said Lawrence William Strawn. •H J"C,"j :'!l''1 I HC',J I,\V(:t,;i ,.J ...,'tJ}J. Sl-Il'\.If'';'"\,:"'f\3}'.I.,J I C _.~:.,)t,j -- 1'.'I',.,\p"1 _...,...,'.I. II h .ld I' " •• ,~ 'f, ~, IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISIONNO.348 of 1969 IN RE: TRUST FOR LAWRENCE WILLIAM STRAWN,MELLON BANK,N.A.,TRUSTEE DEC R E E (Affidavits within) SHERMAN H.SIEGEL ATTORNEY AT LAW" W"ASHINCTON,PENNSYLVANIA WASHINGTONTRUSTBUILDING • -1 , IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: TRUST FOR LAWRENCE WILLIAM STRA~~, MELLON BANK,N.A., TRUSTEE NO.348 of 1969 DECREE AND NOW THIS 8th day of.December,1977,after Hearing in Open Court,notice having been given to all parties in interest,and upon consideration of the evidence produced at said Hearing,the Court finds that the small principal balance remaining in said trust is inadequate to produce suffic- ient income to maintain the life beneficiary,and therefore, does not accomplish the Testator's purpose,and that the original purpose of the Testator will be more fully effected by awarding the balance in said trust to the life beneficiary to enable him to purchase a parcel of real estate for the purpose of engaging in the automobile repair business,it is ORDERED AND DECREED that the trust established under Item 3 of the Will of Elsie E.Strawn be terminated,and that the principal balance therein together with accumulated incom~be distributed to the life beneficiary,Lawrence William Strawn,after payment of counsel fees,trustee's commissions and costs. IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: TRUST FOR LAWRENCE WILLIAM STRAWN, MELLON BANK,N.A., TRUSTEE NO.348 of 1969 AFFIDAVIT OF SERVICE f, COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF WASHINGTON Personally appeared before me,the undersigned authority, SHERMAN H.SIEGEL,who being duly sworn according to law,deposes and says that he did give notice of the Hearing in the above captioned case to Mellon Bank,N.A.,Testamentary Trustee for Lawrence William Strawn and to Mellon Bank,N.A.,Testamentary Trustee for William Lawrence Strawn as appears by Acceptance of Service attached herewith and made a part hereof. Sworn to and subscribed before me this 6th day of December,1977. ~~(3~)~tary Public t1ARMR£f BAIlS.NOTARY PUBLIC WASHINGTON,WASHINGTON CO.,pA, MY COMMISSION EXPI~Ei fEB.'lI,1979 ...PETITIONER'S .~EXHIBIT '1 ~'-"lS 9 ·\ Sher>mcm .~.Siegel ATTORNEY AT LAW 215 WASHINGTON TRUST BUILDING WASHINGTON.PA.15301 TELEPHONE 412-228-8818 November 17,1977 Mellon Bank,N.A.,Testamentary Trustee for Lawrence William Strawn Mellon Bank,N.A.,Testamentary Trustee for William Lawrence Strawn Attn:Arlie Ott,Vice President Re:Trust for Lawrence William Strawn No.348 of 1969 Dear.Mr.Ott: Notice is hereby given that Lawrence William Strawn has filed his petition at the above proceedings to terminate the trust created under the Will of Elsie E.Strawn,a copy of said petition being attached herewith and that the Court has fixe4 Thursday,Dedember 8,1977,at 1:30 o'clock P.M.in the Orphans'Court Room on the third floor of the Washington County Court House as the timeforhe~ring in this matter at which time you may be present and behe~. ~;;truly yO~ / I Sherman H.Sieel, Attorney for petitioner ACCEPTANCE OF SERVICE Mellon Bank,N.A.hereby acknowledges receipt of a copy of the petition and notice in the above captioned matter. Mellon Bank,N.A.,Testamentary Trustee for 1JJ:c::,~StrawnBY~~"" Mellon Bank,N.A.,Testamentary Trustee for Wil iam Lawrence Strawn By Dated:November 18,1977. ; IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: TRUST FOR LAWRENCE WILLIAM STRAWN, MELLON BANK,N .A., TRUSTEE ACKNOWLEDGMENT OF NOTICE No.348 of 1969 AND NOW THI S 6th day of December,1977,I hereby acknowledge to have received from the Mellon Bank,N.A.,Testamentary Trustee under the Will of Elsie E.Strawn,a copy of the Petition of Lawrence William Strawn,requesting early termination of his Trust Fund as established under that Will.I also acknowledge re- ceipt of a photocopy of the Court Order of November 10,1977,notifying that a Hearing will be held Thursday,December 8,1977,at 1:30 p.m.on this matter.I further ac- knowledge receipt of these papers on behalf of William Lawrence Strawn,a minor child of Lawrence William Strawn. ~PETITIONER'S,J E~HIBIT IIll/ph?;f" ---"-~._- RECl:IPCc._1OM'..........~ ,. ----~-------------'--"-- Race1v,~df 'tr.:is 7th day of septemberf 1977 t from Larry Stra.wn, tti.S sum of'OHE HU:t'iDRED (SlOO.OO)OOLLAHS as hand money for Real r~s-tate 13i tuated in Oantcl1'lTownsh1p,Washington OQ'l,t."lty, Pem'lsy1vania.owned by George W..Vi tteck 8r..and G()ld19 Ii. Vitteok,as more fully desoribed in Deed Book '01.915,Pa8~ 50.T.otal purchase price for said property ....63.500,00;Buyer tso· pa;;all Realty Tra,n>3f'tn."'stamps;Settlement <late on or "be:t'Ql1'E!I December 1,1977. - --------" , 1 " ,~* •-I ~ .()O IN THE COURT OF COMMON PLEAS OF WASHINGTON~COUNTY,PENNA . ORPHANS'COURT DIVISION NO.348 OF 1969 I:N RE: TRUST ;;'EOR THE BENEFIT OF WILLIAM LAWRENCE STRAWN, MELLON BANK,N.A.,Trustee PETITION FOR TERMINATION OF TRUST -1 ,.... iO 41' t ~ ~ ?. ~:;;;~I'"~"T-I j~~::-~:.:....;..,;:. ~~i ~.~ ~:,;: ~(~~. .....ex:;,. c:;:l. ........-""" ;::Q~::::t:::1 fT1 Q<..to>.-.¢J!j) -il (nllI-0'::;mr:::Ii:R1QJ fo.WJ 0 f£mt Q':l:l:I) ...''-',;. ,~i ." ,~.- ~..;~ PATRONO,CEISLER,EDWARDS &PETTIT Law Offices A Professional Corporation \ ·. r' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: TRUST FOR THE BENEFIT OF WILLIAM LAWRENCE STRAWN, MELLON BANK,N.A.,Trustee } } } } } No.348 of 1969 PETITION FOR TERMINATION OF TRUST AND NOW,this !L day of ~~,1980 comes Mrs. Jacqueline Longstreath,mother and natural guardian of William Lawrence Strawn,by her attorneys,PATRONO,CEISLER,EDWARDS & PETTIT and respectfully represents as follows: 1.Your petitioner and her son William Lawrence Strawn reside at 409 Brad Avenue,Washington,Pennsylvania. 2.William Lawrence Strawn is the beneficiary of a testamentary trust established by Item 2 of the Will of his great grandmother,Elsie E.Strawn,who died June 10,1967.A copy of the Will of Elsie E.Strawn is attached hereto,made a part hereof and. marked Exhibit "A". 3.The purpose of said trust is to distribute income to William Lawrence Strawn for his college education and to distribute ·' .'.. the balance of said trust to said beneficiary when he has finished his college or graduate education.In the event that the said beneficiary elected not to obtain a college education and had reached his 25th birthday without completing the same the trust was to terminate and was to be distributed to the beneficiary's father, Lawrence William Strawn. 4.Item 3 of the Will of Elsie E.Strawn specifies that should her grandson Lawrence William Strawn,father of William Lawrence Strawn,predecease distribution of his residuary trust the balance of his interest in the residue shall be distributed in equal shares to his children and if such children are minors the minor's share is to be retained by Mellon Bank,N.A.in trust during such child's minority period. 5.Lawrence William Strawn died on April 11,1979 by his own hand. 6.William Lawrence Strawn,age t~,is the sole child--:.~-- of the said Lawrence William Strawn. 7.Your petitioner believes and therefore avers that said trust should be terminated for the following reasons: -2- 7.1 William Lawrence Strawn has exhibited signs of a severe learning disability and it is unlikely that he will ever be able to go to college or obtain a degree from an institution of higher learning. 7.2 Since the suicide of his father,William Lawrence Strawn has exhibited signs of emotional and mental stress. 7.3 The original purpose of the trust has become impractical of fulfillment because of the learning disability and emotional and mental state of William Lawrence Strawn. 7.4 The only purpose of the trust was to provide for the beneficiary's college education or in the event that he elected not to receive a college education to pay the principal to Lawrence William Strawn. 7.5 That inasmuch as William Lawrence Strawn is the only child of Lawrence William Strawn,now deceased,the interest in the trust would be distributable to William Lawrence Strawn at age 25 under the terms of Item 3 of the Will of Elsie E.Strawn. WHEREFORE,your petitioner prays your Honorable Court to direct the termination of said trust and to direct distribution to petitioner as trustee of the proceeds of said trust,the proceeds in -3- trust for the benefit of William Lawrence Strawn to distribute the principal and accumulated interest therein,after deducting commissions,counsel fees,and costs in connection with the administration and the termination of said trust as is necessary to provide for the medical care and vocational training of William Lawrence Strawn. PATRONO,CEISLER,EDWARDS &PETTIT By 1O~of;n ~~tttit Attorneys for Petitioner -4- COMMONWEALTH OF PENNSYLVANIA COUNTY OF WASHINGTON ) ) ) SS: Before me,the undersigned authority,personally appeared Jacqueline Longstreath,who,being dUly sworn according to law deposes and says that the facts set forth in the foregoing Petition are true upon her personal knowledge,information and belief. Sworn to and subscribed before me this 1ST day of 1980. r;bru~rv , 7 ~PUbliC My Commission Expires: KfifH,RYN E'.RUTAN,Notary Public Washington,Washington Co.,Pa. .Ify Commission Expires January 15,1~83 -5- .. ..I .i IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: TRUST FOR THE BENEFIT OF WILLIAM LAWRENCE STRAWN, MELLON BANK,N.A.,Trustee ) ) ) ) ) No.348 of 1969 ACCEPTANCE OF NOTICE OF PRESENTATION OF PETITION Mellon Bank,N.A.,Trustee under the Will of Elsie E.Strawn, acknowledges receipt of a copy of the within Petition and Notice of the Intended Presentation thereof this laTh day of F;bl'loJ",q/,19'80. Mellon Bank,N.A. -6- --..-~..'._,--.....,~--_.,.......---.--- . 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',:~~;1 ,"and.'~lst'~A1rcpany ~,n t,ru~l',.:11ldn"'sl1r.h f;hiJfl'r,;minority.· ,"~fF/'{J;lfi ):r T~~;II :All ~il:i.(r r:GO:' }",/{;f~';",'>'..,...•......':t\,,·t'h"abov~rcrt;l!t~d ,'.0",11 he free TrOi";1 .1n,tici.p:,1.t,ion,;"J?$irq:ll~nt,plcdf\/.",or:()h,J.lf~~'" c',,;f~:;~~;:"Q~""¥fth.~b."I'rid'rt••"""'i'h.J,1 not h..nb)dr~~~.~"y.Xecuil~,·o?:,~:~W IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION iN RE: TRUST FOR THE BENEFIT OF WILLIAM LAWRENCE STRAWN, MELLON BANK,N.A.,Trustee ) ( )No.348 of 1969 ( ) OR D E R AND NOW,this 29th day of February,1980,upon consideration of the foregoing Petition for Termination of Trust,the same is directed to be filed,and Thursday,the 17th day of April,1980,at 1:30 o'clock p.m.is hereby set as the time for hearing thereon.Counsel for the petitioner shall serve a copy of this Petition and Order upon Mellon Bank, N.A.,Trustee,and the minor,William Lawrence Strawn,by certified mail,return receipt requested at least twenty (20) days prior to the hearing date. In the event that the Legal Aid Society declines or is unable to represent the minor child,counsel for the petitioner will inform the Court and a Guardian Ad Litem shall be appointed. Counsel for the petitioner is directed to prepare a Memorandum of Law on the relevant issues and submit the same to the Court within twenty (20)days of this order • ....~./...~ Thomas J.Teijputac,Jud IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPAHNS'COURT DIVISION NO.348 of 1969 IN RE: TRUST FOR THE BENEFIT OF WILLIAM LAWREN0E STRAWN, MELLON BANK,N.A.,Trustee o R D E R I ~ I 0 -:>~ ;• II)N)."-~.........\Q 1l~J 1 ,J "'tId "J61'1 l''''~C'\'U,1C:~"it"t:~".'f)f~!iA •.ftli"l!I'I.tl·~.'·'t".;U.,'b ,.r't..-\\~.-,,~~,~.L t :,~.:•.~.' >;?;:LNt :i!Y;'$j::$'I;;!,;~~.;;':;.~i ~lIn _,."~~'. ~~~~4~HUll!O~14 <ljJJtflJ.LSrl y}Jt ,. PATRONO,CEISLER,EDWARDS &PETTIT Law Offices A Professional Corporation 80 East Chestnut Street 11 J Was~ng~on,Pennsylvania 15301 /..:J I~-~(.;-H IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA °1 ORPHANS'COURT D~VISION' ," IN RE:) ,l') TRUST FOR THE BENEF~~OF ~ WILLIAM LAWRENCE STRAW~,.;). MELLON BANK,N.A~,Trustee ) , I ,. -NO ..:·348 of 1969 o R D E R And now,this ~day of March 1980 it is hereby ORDERED and DECREED that Donald D.Saxton,Esquire is appointed Guardian ad litem of William Lawrence Strawn,a minor,in the above entitled action. d-).~J IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION NO.348 OF 19691\. ?rJ~.3,~k#~L/? .. •'or ".. IN RE: TRUST FOR THE BENEFIT OF WILLIAM LAWRENCE STRAWN, MELLON BANK,N.A.,Trustee o R D E R ...~~ ~"~.:p::'"~ \.y\."-~.."",.""'" :;± ~ ~ -:$:Z: t!d #. .=- -;;.,' P11 0'....:(',ff -IItff'i\~r§ .. PATRONO,CEISLER,EDWARDS &PETTIT Law Offices A Professional Corporation 80 East Chestnut Street 1/3t,-v::?~6'Pennsylvania 15301 ..-..... IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: TRUST FOR THE BENEFIT OF WILLIAM LAWRENCE STRAWN, MELLON BANK,N.A.,Trustee. No.348 of 1969 ORDER AND NOW,this g day of--.-;~---";""~"":'''--I-1---,1980 upon consideration of the Petition for Termination of Trust and the testimony taken at the hearing of April 17,1980,this court makes the following findings of fact: 1.1 William Lawrence Strawn is the beneficiary of the testamentary trust established by item 2 of the will of his great grandmother,Elsie E.Strawn. 1.2 The trust was established to provide for William Lawrence Strawn's college education. 1.3 Because Lawrence William Strawn,father of William Lawrence Strawn,died on April 11,1979 William Lawrence Strawn will receive the proceeds of the trust at age twenty-five (25)as the sole surviving residuary legatee under the will of Elsie E.Strawn. 1.4 The primary purpose of this trust was to provide William Lawrence Strawn with an incentive to seek and obtain a college education. 1.5 William Lawrence Strawn,age 17,is subject to a severe learning disability and it is unlikely that he will ever go to college or obtain a degree from an institution of higher learning. 1.6 Since the death of his father William Lawrence Strawn has exhibited signs of emotional and mental stress. 1.7 The original purpose of the trust has become impractical of fulfillment because of the learning disability and emotional and mental state of William Lawrence Strawn. 1.8 It is in the best interest of William Lawrence Strawn to terminate the trust and to use the principal and income of said trust for his vocational education,medical care,and psychological counseling. -2- 2.Based upon the foregoing findings of fact it is hereby ORDERED and DECREED that the trust created for the benefit of William Lawrence Strawn,Mellon Bank,N.A.,Trustee under the will of Elsie E.Strawn,deceased,is hereby terminated subject to the following: 2.1 A commission of $150.00 shall be paid to Donald D.Saxton,Esquire,for his services as guardian ad litem of William Lawrence Strawn,a minor. 2.2 Attorneys'fees of $6/~6 _til shall be paid to PATRONO,CEISLER,EQWARDS &PETTIT for its representation of Jacqueline Longstreath,the mother and natural guardian of William Lawrence Strawn and the petitioner in this matter. 2.3 Mellon Bank,N.A.shall be allowed reasonable fiduciary's commissions pursuant to its fee schedule for its period informal of trusteeship and shall present an/account of its management of the trust assets to this Court. 3.It is further ORDERED and DECREED that the proceeds of said terminated trust shall be paid over to Jacqueline Longstreath, in trust nevertheless,for the following uses and purposes and subject to the following conditions: -3- ,.,.. 3.1 To use so much of the net income and principal of said trust as is necessary for the vocational training and expenses incidental thereto,medical care and psychological counseling of William Lawrence Strawn.The income and the principal of said trust shall be used for no other purposes unless expressly permitted by further order of this Court. 3.2 The trustee shall provide this Court with an informal accounting of income received and disbursements on a semiannual basis. 3.3 To pay to herself for her services as trustee a commission of five percent (5%)on income. 3.4 To distribute the balance of said proceeds of the trust to William Lawrence Strawn when he obtains the age of twenty-five (25)years or upon further order of this Court. -4- May 14,1980 MELLON BANK N.A. TRUSTEE UNDER WILL OF ELSIE E.STRAWN DECEASED FOR WILLIAM LAWRENCE STRAWN ACCOUNT NUMBER:202-358 APPROVAL AND RELEASE I,JACQUELINE LONGSTREATH,the Successor Trustee of the above- mentioned trust,do hereby approve the statements furnished by Mellon Bank N.A.,Trustee under the above recited Trust,and,in consideration of the rendering of a closing statement and the distribution of the balances in the trust without the preparation and filing of a court accounting,I,for myself,my heirs,my executors,administrators and assigns,do hereby release and discharge the said Trustee from any and all claims,demands and causes of action of any kind whatsoever,at law or in equity, arising out of the administration of said trust estate,and release the Trustee from any duty to account further therefor,and,I hereby agree to refund on demand,all or part of this distribution which may be determined to have been :Improperly made. /IN WITNESS WHEREOF,and intending to be legally bound hereby, j I have hereunto set my hand and seal this __...;::J"~fJ_N~&~__,1 980. day of WITNESS: i) • • • • • • • • • • • • • • • TRUST DEPARTMENT 202-3581PAGEJUNE9,1980 Mellon Bank N.A. STATEMENT OF INCOME AND PRINCIPAL TRANSACTIONS STRAWN E FOR WILLIAM ... - POSTING FACE VALUE INCOME CASH PRINCIPAL CASH CHANGES IN DATE OR NUMBER DESCRIPTION OF ENTRY INVENTORY VALUE OF SHARES RECEIPTS OISBURSEMENTS RECEIPTS DISBURSEMENTS OF INVESTMENTS TRUSTEE U~~ER WILL OF ELSIE E STRAWN DECEASED FOR WILLIAM LAWRENCE STRAWN 03/24/80 FU~~E -EQUITY INCOME 25.59 DISTRIBUTION OF TAXABLE INTEREST THROUGH 03-20-80 VALUATION AT .0254606360 PER UNIT ON 1005 UNITS 03/24/80 FUND E -EQUITY INCOME 40.08 DISTRIBUTION OF TAXABLE DIVIDENDS THROUGH 03-20-80 VALUATION AT .0398762720 PER UNIT ON 1005 UNITS 04/25/80 FUND E -EQUITY INCOME 26.14 DISTRIBUTION OF TAXABLE INTEREST THROUGH 04-20-80 VALUATION AT .0260071770 PER UNIT ON 1005 UNITS 04/25/80 FUND E -EQUITY INCOME 12.92 DISTRIBUTION OF TAXABLE DIVIDENDS THROUGH 04-20-80 VALUATION AT .0128518380 PER UNIT ON 1005 UNITS 05/23/80 FUND E -EQUITY INCOME 15.13 DISTRIBUTION OF TAXABLE INTEREST THROUGH 05-20-80 VALUATION AT .0150596570 PER UNIT ON 1005 UNITS OS/23/80 FUND E -EQUITY INCOME 68.37 DISTRIBUTION OF TAXABLE DIVIDENDS THROUGH 05-20-80 VALUATION AT .0680345430 PER UNIT ON 1005 UNITS 05/~8/80 1.005 FUND E -EQUITY INCOME 10,538.34 12.403.11- SOLD 1.005 UNITS AT 10.4859065800 ON 05-20-80 VALUATION ENTIRE HOLDINGS 03/20/80 FUND D - U S GOVERNMENT SECURITIES 13.94 DISTRIBUTION OF U.S.GOVERNMENT INTEREST THROUGH 03-15-80 VALUATION AT .5809513670 PER UNIT ON 24 UNITS 03/20/80 F~~D - U S GOVERNMENT SECURITIES .73 DISTRIBUTION OF TAXABLE INTEREST THROUGH 03-15-80 VALUATION AT .0303802760 PER UNIT ON 24 UNITS ... I e • • • • • • • • • • • • • • • 8 • 8 -----------------------r-------.---.-------• - POSTING FACE VALUE INCOME CASH PRINCIPAL CASH CHANGES IN DATE OR NUMBER DESCRIPTION OF ENTRY INVENTORY VALUE OF SHARES RECEIPTS DISBURSEMENTS RECEIPTS DISBURSEMENTS OF HNESTtlENTS 04/18/80 FUND D - U S GOVERNMENT SECURITIES 15.36 DISTRIBUTION OF u.S.GOVERN~IENT INTEREST THROUGH 04-15-80 VALUATION AT .6401877570 PER UNIT ON 24 UNITS . 04/18/80 FUND D - U S GOVERNMENT SECURITIES .45 DISTRIBUTION OF TAXABLE INTEREST THROUGH 04-15-80 VALUATION AT .0187837670 PER UNIT ON 24 UNITS OS/20/80 FUND D - U S GOVERNMENT SECURITIES 14.68 DISTRIBUTION OF U.S.GOVERNllENT INTEREST THROUGH 05-15-80 VALUATION AT .6118607450 PER UNIT ON 24 UNITS 05120/80 FUND D - U S GOVERNMENT SECURITIES 1.39 DISTRIBUTION OF TAXABLE INTEREST -I THROUGH 05-15-80 VALUATION AT .0577177420 PER UNIT ON 24 UNITS OS/22/80 24 FU~ID D - U S GOVERNMENT SECURITIES 2,134.02 2,118.86- SOLD 24 UNITS AT 88.9175103700 ON 05-15-80 VAlUATION ENTIRE HOLDINGS 03/13/80 4 SHORT TERM FIXED INCOME FUND 400.00 400.00 PURCHASED ON 03-13-80 AT 100.0000000 400.00 NET TRADE BROKER MELLON BANK N A 04/09/80 SHORT TERM FIXED INCOME FUND .08 DISTRIBUTION OF U.S.GOVERNMENT INTEREST ACCRUED FROM 03-01-80 THRU 03-31-80 04/09/80 SHORT TERM FIXED INCOME FUND 11.47 DISTRIBUTION OF U.S.GOVERNMENT INTEREST ACCRUED FROM 03-01-80 THRU 03-31-80 05/06/80 SHORT TERM FIXED INCOME FUND 13.07 DISTRIBUTION OF TAXABLE INTEREST ACCRUED FROM 04-01-80 THRU 04-30-80 --------------~~---~.-----------_.__._-_.- • • • • • • • • • • • • • • • • TRUST DEPARTMENT 202-3582PAGEJUNE9,1980 Mellon Bank N.A. STRAWN E FOR WILLIAM • • • • • • • • • • • • • • • STATEMENT OF INCOME AND PRINCIPAL TRANSACTIONS 8 • ----..".--------------------_._--------------------------------------------------- - -- ----------- (i STRAWN E FOR WILLIAM Mellon Bank N.A. JUNE 9,1980 PAGE 3 TRUST DEPARTMENT 202-358 • '"'• STATEMENT OF INCOME AND PRINCIPAL tRANSACTIONS MISCELLANEOUS ITEMS 1980 WASHINGTON COUNTY PERSONAL PROPERTY TAX SHORT TERM FIXED INCOME FUND DISTRIBUTION OF TAXABLE INTEREST ACCRUED FROM 05-01-80 THRU 05-31-80 CHANGES IN INVENTORY VALUE I •OF INVESTMENTS 2,100.00 • 3,100.00-1 • • • • • • • • • • • • • 458.50 150.00 2,100.00 12,837.33 DISBURSEMENTS PRINCIPAL CASH 3,100.00 RECEIPTS 1.35 238.55 DISBURSEMENTS .02 INCOME CASH 11.64 RECEIPTS 2,100.00 3,100.00 DESCRIPTION OF ENTRY PATRONO CEISLER EDWARDS &PETTIT PAYMENT FOR REPRESENTATION OF JACQUELINE LONGSTREATH THE MOTHER AND NATURAL GUARDIAN OF WILLIAM LAWRENCE STRAWN AND THE PETITIONER PER ORDER OF COURT DATED 05/0~/80 JACQUELINE LONGSTREATH AS SUCCESSOR TRUSTEE INCOME CASH BALANCE SHORT TERM FIXED INCOME FUND DISTRIBUTION OF U.S.GOVERNMENT INTEREST ACCRUED FROM 05-01-80 THRU 05-31-80 JACQUELINE LONGSTREATH AS SUCCESSOR TRUSTEE PRINCIPAL CASH BALANCE DONALD 0 SAXTON ESQUIRE PAYMENT FOR SERVICES AS GUARDIAN AD LITEM OF WILLIAM LAWRENCE STRAWN A MINOR PER ORDER OF COURT DATED 05/08/80 SHORT TERM FIXED INCOME FUND PURCHASED ON 05-23-80 AT 100.0000000 NET TRADE BROKER MELLON BANK N A SHORT TERM FIXED INCOME FUND SOLD ON 05-30-80 AT 100.0000000 NET TRADE BROKER MELLON BANK N A 31 21 FACE VALUE OR NUMBER OF SHARES POSTING FACE VALUE INCOME CASH PRINCIPAL CASH CHANGES IN DATE OR NUMBER DESCRIPTION OF ENTRY INVENTORY VALUE OF SHARES RECEIPTS DISBURSEMENTS RECEIPTS DISBURSEMENTS OF INVESTMENTS OS/29/80 SHERMAN H SIEGEL ESQUIRE 250.00 PAYMENT FOR PROFESSIONAL SERVICES RENDERED THROUGH TERMINATION OF TRUST OS/28/80 MELLON BA~~NA-COMPENSATION THROUGH 32.51 TERMINATION 1,035 OPENING BALANCE 3-10-80 1.35 423.47 15,121.97 1,035 ENTRIES LISTED ABOVE 271.06 272 .41 15,772.36 16,195.83 15,121.97- CLOSING-BALANCE 6-09-80 NONE NONE NONE (i • • • • • • • • • • • • • •• • STRAWN E FOR WILLIAM Mellon Bank N.A. JUNE 9,1980 PAGE 4 TRUST DEPARTMENT 202-358 '( 8 • • • • • • • • • • • • • • • 8 I STATEMENT OF INCOME AND PRINCIPAL TRANSACTIONS - -.-• ~.~~.-' IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION NO.348 of 1969 IN RE: TRUST FOR THE BENEFIT OF WILLIAM LAWRENCE STRAWN, MELLON BANK,N.A., TRUSTEE MEMORANDUM OF LAW PATRONO,CEISLER,EDWARDS &PETTIT Law Offices A Professional Corporation 80 East Chestnut Street Washington,Pennsylvania 15301 IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION o IN RE: Trust for the benefit of WILLIAM LAWRENCE STRAWN, MELLON BANK,N.A.,Trustee ) ) ) ) ) No.348 of 1969 MEMORANDUM OF LAW John C.Pettit,Esquire Mark W.Vita,Esquire 80 East Chestnut Street Washington,Pennsylvania 15301 - -------,-----, STATEMENT OF CASE This matter is before your Honorable Court on petition of Jacqueline Longstreath,mother and natural guardian of William Lawrence Strawn,the beneficiary of a trust created under the will of Elsie E.Strawn,who died on June 10,1967. Under Item 2 of the will of Elsie E.Strawn,she gave and bequeathed $10,000.00 to Mellon National Bank and Trust Company to provide for the college education of William Lawrence Strawn.Item 3 of the same will bequeathed the residue of the estate to Mellon National Bank and Trust Company as trustee for the benefit of Lawrence William Strawn,William Lawrence Strawn's father.Item 3 provided that should Lawrence William Strawn predecease final distribution of the trust the balance remaining therein was to be distributed in equal shares unto Lawrence William Strawn's children. William Lawrence Strawn is the only child of Lawrence William Strawn and thus sole beneficiary.William Lawrence Strawn is the victim of a learning disability and since the death of his father has exhibited signs of emotional and mental stress.The only purpose of the trust was to provide for the beneficiary's college -2- education and because of the learning disability and the emotional and mental state of William Lawrence Strawn that purpose is impractical of fulfillment. Because the purpose of the trust is impractical of fulfillment and because the proceeds of the trust could be more beneficially expended for the medical care and vocational training of William Lawrence Strawn at this time,your petitioner,Jacqueline Longstreath has petitioned your Honorable Court to terminate the trust and to pay over the proceeds to her as successor trustee to use the principal and income for the medical care and vocational training of William Lawrence Strawn. -3- STATEMENT OF ISSUE Can a testamentary trust be terminated because its purpose has become impractical of fulfillment? DISCUSSION It is submitted that there is statutory and case law which supports your Honorable Court in terminating the testamentary trust established by the will of Elsie E.Strawn because its purpose has become impractical of fulfillment. The Act of 1972,June 30,P.L.508,No.164,§2,effective JUly 1,1972 as amended,20 Pa.C.S.A.§6102,provides as follows: "The Court having jurisdiction of a trust heretofore or hereafter created,regardless of any spendthrift or similiar provision therein,in its discretion may terminate such trust in whole or in part,or make an allowance from principal to a conveyor,his spouse, issue,parents,or any of them,who is an income beneficiary,provided the Court after hearing is satisfied that the original purpose of the conveyor cannot be carried out or is impractical of fulfillment and that the termination,partial termination,or allowance more nearly approximates the intention of the conveyor,and notice is given to all parties in interest or to their dUly appointed fiduciaries •.." -4- The statute was most recently examined by the Supreme Court in 1974 in In Re Estate of Day,317 A.2d 648 (1974).There the Court wrote: "Section 6102 (a)of the Probate Estates Fiduciaries Code,provides that a court having jurisdiction of a trust may terminate the trust in whole or in part if the settlor's original purpose has become impractical and termination would more nearly approximate the intent of the settlor.Before the Court may order termination,notice of the proposed termination must be given to all parties in interest or their fiduciaries and a hearing must be held to ascertain whether the settlor's original purpose has become impractical." In In Re Curry,390 Pa.105,134 A.2d 497 (1957)the Court wrote: "The statutory relief afforded by the Estate's Act of 1947 is available only upon a showing that the original purpose of the conveyor cannot be carried out,or is impractical of fulfillment,and that the partial termination more nearly approximates the intention of the conveyor." An examination of the cases which have utilized Section 6l02(a) or its predecessor to terminate and distribute a trust's assets shows they have dealt primarily with cases where the trust principal is small and a life tenant is elderly,needy and a primary object of the testator's bounty.It is our position that termination for failure of the trust's purpose need not be limited to this factual situation and would be appropriately applied in the instant case. -5- It is submitted that the trust now before your Honorable court is subject to the application of the equitable doctrine of failure of purpose for the following reasons: 1.William Lawrence Strawn is the sole beneficiary of the trust and presently in need of vocational training and medical care which his mother is unable to provide.It would therefore be both just and equitable to terminate the trust and use the proceeds for his care and education. 2.Termination of the trust and the application of the trust assets for William Lawrence Strawn's vocational training would more closely effectuate the testatrix's underlying intent in creating the trust. It is evident from an examination of Elsie E.Strawn's will that William Lawrence Strawn will be entitled to distribution of the trust assets at age 25 regardless of whether or not he attends college.The evidence that will be submitted at hearing will show that because William Lawrence Strawn is subject to a learning disability there is little,if any,chance that he will one day attend college and the purpose of the trust is therefore impractical of fulfillment.Because fulfillment of the original purpose is impractical it would be unjust to deny the sole beneficiary vocational training at the time it will be of real use to him. -6- As noted,William Lawrence Strawn's learning disability effectively frustrates the purpose of the trust,i.e.the application of the trust assets of the trust for the beneficiary's college education.This coupled with the death of Lawrence William Strawn,the residuary beneficiary,circumvents the testatrix's specific intention of inducing William Lawrence Strawn to attend college because William Lawrence Strawn will receive all the trust assets at age 25 whether or not he goes to college. It is submitted that a logical and equitable approach would favor effectuating the testatrix's underlying intent in creating the trust.The testatrix's underlying intent is obviously to provide for her great-grandson's education.Because of the beneficiary's disability the testatrix's specific intent to send him to college will be frustrated.However,through the application of the doctrine of frustration of purpose this court is capable of effectuating testatrix's general or underlying intent by terminating the trust and ordering that the assets be used for the beneficiary's medical care and vocational training.Thereby insuring that the beneficiary is educated and trained to the extent of his ability. It is submitted that the original purpose of the testatrix is impractical of fulfillment and her underlying intent would be more -7- nearly effectuated by termination of the trust and application of the proceeds for William Lawrence Strawn's medical care and vocational training. Respectfully submitted, CEISLER,EDWARDS &PETTIT BY_~~~::--;,,'::c,~.--I-::l4~:;"'---John C. -8- • IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY.PENN . ORPHANS'COURT DIVISION / Tr.ust Company land the attorney is Sherman H.Siegel.Mr . Strawn.deceased.The Executor is "Mellon National Bank and Siegel? • .....". IN RE: ESTATE OF ELSIE E.STRAWN. ~z0(~Deceased. >-IIIZ Z 1&1II. ioI-el:z:BEFORE: J:III0(~ ..,:u ii:APPEARANCES:Iii Q... ~!:!c~TIME: %.."N iii0:1&1It THE COURT:oII. 1&1 0: I-0: :JoU...0( u ii:II.o MR.SIEGEL: ) ) ) )No.348 of 1969 ) ) ) HEARING ON AUDIT THE HONORABLE P.VINCENT MARINO. President Judge of the said Court. SHERMAN H.SIEGEL.ESQ .•of Washington.P .• representing the Accountant. Thursday.May 22.1969.at 10:00 o'clock A.M•• EDST • Number 348 of 1969.the estate of Elsie E. If the Court pleas e.I have the necessary papers for the audit of this estate.If Your Honor please.this decedent died leaving a will under which she set .up one trust for the educati n.-" of her great grandson.and the residue in trust for her grandson. The balance is in cash. THE COURT:Was that the same grandson? MR.SIEGEL: 2 No,the one is a great grandson and one is a gra dson. The residue is in cash and all debts have been paid and we ask the Court to award the balances to Mellon National Bank as trustee to those two trusts. THE COURT:Is there anyone else in Court interested in this decedent's estate? 1 hereby certify that the proceedings and t.:vidence are contained P.J.I The audit of this account is ordered clos ed by (AUDIT CLOSED) (NO RESPONSE) the Court. <z~~THE COURT: tIDo ieo%ia; ti Eii ~.fully and accurately in the notes taken byrne on the hearing of the aboveuii. .~cause,and that this'copy is a correct transcript ot the same. .~ til ci.0:Ef~ '12:;) 8:i The foregoing record of the proceedings upon the hearing of the 2~above cause is hereby approved and directed to be filed . J • FlYltt,s.r"ice Office S;tEClAL eOUCAilON .lo Sl!RVICES Covn ~o....-~Ih ,1_ U"ionlown.PI.1SolOI r,llJlh_~12-47-32:!1 INTERMEDIATE UNIT rIYII1OoG,_W.aIlinqlon speClAL eDUCATION &.SERVICl!S 1140 weco STREET CAL.I"OlllN1A.,.".!5419 G_Set-tice OHic. SPECIAL EDUCATION &.SERVICU 60 W.r Hlqll SI,.., WIY~.PI.15370 T,~_~12~27-8126 REPORT/RECOMMENDATION FORM Wultift9fOft Sotvict OHIC8 spaCIAL eouCAnON ..SEIlVICU CIta-P\ibllc Libruy 55 SoultI Co'_Sir'" WlttIin9ron.1'1.U301 T,J~ono ~12-m·9AQO Date: Na.me:William L.Strawn Grade:lOth Parent ~lame:Jackie Longstreath Birthdate:3-10-63 Examiner:Joseph R.Wishnok Address:409 Brad Ave. Washington,PA Telephone:228-4235 Instruments Used: Date of Examination:9~26-79 School/District:Trinity High School/ Trinity Area Stanford-Binet CA M,A I.Q• _Bender _ t.n SC- R X CA 16-7 WISC VIQ 72 WAIS---PIQ 98---WPPSI____FSIQ 83Others_ SCALED SCORES Verbal Scores Information 5Similaritie-s~4- Arithmetic -0-- Vocabulary 6 Comprehension~ Performance Scores Picture Com?letion~8~_ Picture Arrangement~l~O _ Block Design 8--Object Assembly 16COding__7__ Projectives Achievement Human fiQure drawing and interview Gray Oral Reading -end of 4th,beginning of 5th Other*As resource where needed Reduced phasing Recommendation: Educable Mentally Retarded X·Profound~_ Trainable Mentally Retarded Physically Handicappod __ Learning Disability self-contained~Visunl ServicQs __ Learning Disability Resource Hearing Services Socially/Emotionally Malajusted self contained ---- Socially/Emotionally Maladjusted Resource ---Spoech Thorapy _ .. ~-l ~.~ \4ILLIAM STRAWN Birthdate 3-10-63 upheaval as the family alternitely disintegrated and reintegrated. Currently Bill is doing poorly in phase II programming.He is lIrepeating 9th grade for the second tfme and possibility of it happening again." It's certainly possible that Bill·s verbal score is somewhat depressed. Irrespective of this possibility he is functioning within a level that would allow him the opportunity of special programming.It was discussed with guidance personnel that a good program might include reduced phasing,to phase I,using the E.M.R. program as a resource method and including Bill in a program at the Vo-Tech school for exceptional children. The present examiner had wanted to discuss this with Bill1s mother,however, she was unavailable at the interview dates.Programming as outlined above should be pursued by the district. Joseph R.ishnok Public School Psychologist cc:Richard D.Bishop Edward Tekavec .I \ :.\ I."_-., II~I " " " •.' .,...."'tIlI. .·~N RE: IN TItE:COURT'OF .C0W10N PLEAS OF WASHINGTON COUNTY,PENNSYLVAN A r •,',, -"••,','ORPHAN'S"'COURT DIVISION •~t.of •-• ',' .(' Z~''oJ>-VIZ'zIII Q, ...{"~'~RUST FOR THE BENEFIT OF WILLIAM LAW~ENCE STRA~NN,..' MELLON BANK,N.A.,Trustee ) ( ) (No.348 of 1969) ( ) ( /.'~•. HEARING ON PETITION FOR TERMINATION OF TRUST • / ~BEFORE:IIIl-ll:~DATE:III ll: ~APPEARANCES; ou oJc U~ll.o Thomas J.Terputac,Judge April 17,1980 John C.Pettit,Esq.and Mark W.Vita, Esq.,of Washington,Pa.,representing the Petitioner. Donald Saxton,Esq.,of Washington,Pa., guardian ad litem f6r:thepminor • Sherman H.Siegel,Esq.,of Washington, Pa.,representing Mellon Bank,trustee. Rose M.Pacilla Official Court Reporter Washington,Pa.15301 r) 2. THE COURT:This is the time set for a hearing at the request of 'John C.Pettit and Mark W.vita,Esqs., '. .representing William Lawrence Strawn ••II «MR.PETTIT:Technically,z-<>record,representingoJ"for the we are the>-Ill'Z , ffi',petitioner,which is Mrs.Longstreath,ar dIl. i0 Donald Saxton,.Esq.is representing the.I-ClZ x minor,William Lawrence Strawn.1Il-<~ ..<~~, ~uit THE COURT:All right./-III I •Q I oJ Mr.Pettit and Mr.Vita represent the'~ u , Q petitioner.::l""l :tto.... N uia:MR.PETTIT:That's corre<t,l&I /-,a:0Il.Your Honor.l&I II: I l-e.: II:,::l0U oJ THE COURT:Mr.Saxton«Uii:LI.'appears as guardian-ad litem for William0 I -Lawrence Strawn. MR.SAXTON:That's correc t... ~I t"II.J..~~~-t,,j ,"'t,..,t ~j.'".'-<.'itI--.~..."-".~,,'i,~,".,,~""/-,',)'/.. ,,".'.I ~i •THE COURT:And Sherman. .H.Siegel,Esq.,represents Mellon Bank, ,•,,•,.,J ,.,, ".... 3. trustee.Now,Mr.Pettit,do you want to state your position on this matte~? MR.PETTIT:Yes,Your Honor.On behalf of the Petitioner, trust was to establish a fund for the Petition for Termination of a Trust. the attention of the Court that it is he' Strawn,is the beneficiary of the The intent of the Her son has had He has received counseling an< The petitioner is bringing to be carried out. extreme difficulty with high school leve opinion that the intent of the trust can'ot courses. by the Will of his great-grandmother, Elsie E.strawn. Strawn. testamentary trust that was established college education of William Lawrence The petitioner's son,William Lawrence Jacqueline Longstreath,we filed a0( z 0(>..I>-UlZZ1&10.. i0t-~Z Xl/) 0(~ .-:uii:t-CIl•0 ..I~U0:l... :tl-I"N lIiItIIIt-o::00..III 0:: t-'It::I0U .JC i3u:I;. 0 testing and his I.Q.appears to be in th, range of 78-83 and it is very clear that he will hot be able or capable of handli~g college material and that for the trust ;~ .-JO~ i;,.. ".t,~...""" , •c >,..J.to.,continue for this purpose I'whenever J I..' .. t.' "..." ", what this boy really needs is training 4. in the skills such as mechanics or ! ,.carpentry -this is what he really needs.I .j ,...',J We''believe it was the intent of the great-~•.•ti,.,~." ',!."j ",'.,.. .grandmother to want to aid and assist•';~.this young man in life and we feel it is, ~'l-~r •» ,..~.~.'.in his best interests to terminate thez<>..J •~j ~,-,it exists I ')0 .trust as currently and place.Ul ,.·z 1.ZIII the mother,Mrs.Longstreath,in charge I 0.. i.0 ~I-in order that she can then not only manag e\!)z x beginUlthetrustbut to expend the funds<~ ..:on the young man's .behalf now ratherua:~than see the intent of the trust frustrat ed•0 .J~and not able to be carried out and thenu0,:l at 25,the man would just be.,age young:z:I- ""N handed a lump sum of money with no train ng uia:III or education or skill with which to proCE edI-a:"00..in life.IIIa: I I-a:,:30U .J~THE COURT:If this pray,ru1i:Il.0 were not granted,what would be the e consequences? MR.PETTIT:If it were not granted,the consequence,as I see i ,: would probably be the ultimate dropping out of school of William Lawrence Strawn -- •:I 5. , due the factlle is 17 and istonow taking a combination of 9th and 10th grade subjects,many of which he is not sat;isfactori1y completing and he will be•repeating them again next year.There «would not be finances available to get h mz«>training..I the skilled that we feel he is~IIIZ-Z1&1 interested in and capable of and the monE y0. i0 would continue to be in trust and as I.I-ClZ :t:have indicated,at age 25,he is entit1ecIII«~ ~to the money then to do with at whateveruithewouldchooseanddon't feel hel-so weIII•5 ..I would have the maturity,the education0( U5 with which::l needed to make a proper decisj on., :t... "'"and resu1t~,we don't fe~l this boyNasa iiia:could make use of his life that he could1&1l-.a:00.otherwise and should be able to do,whicl1&1a: I I-a:is really what we feel the great-grandmot her.::I0U oJ had in mind.0(u .i&:ll.0.-THE COURT:Mr .Saxton,. ~ ".have you reviewed all the documents l",,!""", /,~,..',,,.""f (f,,,.,,,., .,l '../r • I f sJ.nce-your appointment?.'"."~o::.......... ".. "~.of_""~"t ~..MR.SAXTON:!have,., "J .';.,',- Your Honor,with the exception of the \,".,-•" ----- i 6. physician's report which I have discussec ,with 'Mr.Pettit orally,but I have not reviewed the report. -MR.PETTIT:We have that 0(available today.z 0(>•...1 )0- Il)-zZ11/MR.,SAXTON:Furthermore,II. i0.l-I have had a conversation with WilliamClz xII)Lawrence Strawn where I made very specif'c0( ~ ~inquiries concerning his knowledge of thE seuitl-"proceedings,his und~rstanding of theseII) 1 •0 ...I , I ~proceedings,his und,erstandirtg of theu0::l of these proceedings and also..,purpose I•%por- Ill'inquired to,.what his objectives andas criII:11/desires were with respect to his educatic nal....,II:0II.11/future and based upon that conversation,II:y l-ll:,:1 I am perfectly satisfied that he does0u ...I<understand the nature of these proceedinc s,.'0j;:,.. ,~. "ll,",~l~j"0 ~he does understand that the money was t ..,I ,'\,.~i ..""I"·,•t'.'.~•'-'i("./ ",}',"'~.,1":"-e·,..~..r i .by 'the grandmother and that it's."..purpose ,-.is for his college education.He has"'1 I ~,,'..,,.."-openly candidly..expressed very and very"j J . ~t..,.. his problems in academic ro.;courses in ~,.",t ,~iI ..,f ~high school and the curriculumpresent he is taking,indicating he is taking " _..._--- 7. some vocational courses presently and that he likes those very much and he discussed the courses he is not doing we 1 in.He discussed his disciplinary-problems and I believe to the extent 0(possible,has a comprehensive understand'ngz0(>oJ of the nature of these proceedings and>-VIZ.Z1&1 does in fact concur with the requesta. i0 of his mother..~ClZ :tVI0(~ .,:THE COURT:Do you agree uit with Pettit'sI-Mr.assessment as to theVI is )•oJ practical evidence of this well the0(as asi3is::l fact he would ultimately end up with the., :z: I l-I'anyhow?1\1 money iiiIl: I 1&1l- I ,IX i 0a.MR.SAXTON:Absolutely.1&1IX >l-ll:I think it is fair and accurate.:l a very0u .J assessment.~u~Il. 0 '~t,..~"•., f ,'.THE COURT:M,r.Siegel?';.' , it •.!~,.('J l'iIi,-"'-.'~.'II.~~.•"•.1 1,_•,,.L.....~i ~ ".."t",i.-. ..'MR.SIEGEL:Your Honor,..'~'\, . •~t #',>,•Jtl'.{;.......,...:,. "/far Mellon Bank is concerned,.,/......~as as.,. I ,~..as trustee of the funds,they do not take I ~•f..,~...,\.I,1J any position either way in this matter ar d I ., I,~.,;""..~·8.,I.f ".~•••1 .""....4..\'...•t..;'1 ,,..!,-..>,.- "leave it up to the judgment of Your Hono'••.. ",.-t'.•:., MR.PETTIT:Your Honor,-,-,.item that I did not point out and..~~one•that .that this trust created inJ.s was 0(such a way that had this young man amplyz0(>oJ chosen not to attend college,then the>-enz-z to tIIIproceedswouldhavebeendistributed isll. i0 father.This young man's father is.I-~Z :r deceased and he is the only heir thatenso0( ~ t-"no matter what approach is taken,atu ii:point in time and have indicatedI-some ween•Ci oJ believe :i:t would be at 25,this~we age Iu Ci I ::l young man will receive the mOnE::!Y.The., xI-,.. for and the positiorNreasonthrustofour iiiII::is it could much more better be usedIIIsoI--II::0ll.for his benefit at this in hisIIIageII:: )l-ll::lifetime,not necessarily all of it but.::l0U oJ whatever amount that would be needed.cu i;: lI..For exaroole,he ,expressed the interest ir0 e being a tnechanic and if he receives special training develop those skills,Ito he would be in a position to have money 10 invest towards maybe having his own shop or whatever.He would perhaps have then some background and perhaps have I 9. knowledge how to spend it,rather than to reach age 25 as a high school drop-out • with no re~l education upon which to dra~ and I think we know perhaps what would happen with that money at that time. JACQUELINE LONGSTREATH IS DULY SToIJORN • You want to present some testimony? DIRECT EXAMINATION BY MR.PETTIT: like to ask the petitioner,Mrs.Jacquel'ne Longstreath,some questions. I would first All 'right. MR~PETTIT: THE COURT:,. «z«~>-VIZ Z1IIQ, ioI-ClZ :J: VI«~ r:uit~is ..J~uis ::l., :t......N • I . ! j.,.~.., ,,~ ~+t'( "'.J .'~ Mrs.Longstreath,are y~u the petitioner in this case?'·,it J r. 1'.J -,:,:'"1.;'4 ",';~I ..-"•Yes",sir.,'i ~,._.'}'•~..+t "If ~.~-(I',...'I " Would you tell us where you live? Yes . Four sons including Billy? Who makes up your home at the present time? 'I~'t10 and I have four sons altogether. .Are you employed? .. "\';"',4~9,'Brad:1Avenue;Washington. ~~~t.·."~} 'A:.,I '.A '.,,~.~ Q A Q () 10. Yes. Yes. Yes. Yes. ... He i And you maintain your home and raise your family Almost $14,000.00 a year. How is he doing during the current school year? He is in 9th and 10th grade.He has 9th and 10th Are you able to do that adequately·at the present Can,you give us an estimate as to your yearly income from Superior Valve? How long have you worked at Superior Valve? And you are single at the present time? Two years. Superior Valve. By whom are you employed? He is ,doing very,well,he is doing badly. going to repeat next year,the same things. time? on the income which you earn from Superior Valve? ~'~an you tell us what grade your son william is in I . ,,c'.I{,.'I'f at'·~the ',pre,serit .:time?..,,.....,. A Q A Q•A «Qz«>~>-!IlZz A1&1Q, i0 QI-ClZ :t A!Il«~ .,:Q uii:I-!IlC .J A0( UC ::l Q., :z:l-I-N ttill:A1&1l-ll:0ti Q..!l: l ,J,~\:', l 4 ~~(~..~•,,I.I~•O.IU .., .J A-0(u·..rG:. •ll.I ~..:..0 ."\., Q ..','.A·,~~.•, Q Do you have any difficulty with William attending school at the present time? A William goes to school but he only attends the I .,- ,-., ~~I I;~e tl 't~,I "\'.' 11. 'i,"-.~,;'~lasses that he likes. Q Which classes do those appear to be? A Shop class,gym class,any class that he has that he works with his hands."That's the ones he goes to. Yes. school? tell me. March 10,1963. We have been to the school,we have been having with him? to counselors,we have had special classes,but he Yes • Have you discussed the school problems that he is He cannot read hardly'at all and his writing,if he lett me a note,I would have a hard time it comes to reading and writing skills? Can you tell us anything about his abilities when Prior to this year,has he had difficulty also in What is your sons date of birth? reading it and understanding what he was trying to A A Q Q A Q A Q0( z0(>..I>-enzz 11/ Q, i0I-elZ :ten0( ~ ...:u ii:~-C ..I ~ UC ::l., %l-I'III iiill::11/l-ll::0Q, IIIa: l-ll:: ;)0U .I 0( Uii:u.0 is still at the level where he can't read and he can't write properly. Q In connection with your sons training and educatior , have you had the occasion to"talk with a Mr.Josepl R.Wishnok? A Yes.He is a psychologist we brought in to examinE 12. Billy and give him tests to see what his I.O.is. He tested him. available if the Court would so desire of education of William Strawn. but this'is the indication as to the level please,I would like to make a part of th~ proceedings a report from Dr.Joseph R. Wishnok whq has indicated he would be The CourtMR.PETTIT: 0( z0(>oJ>-1lIZ Z\1/II. ioI-~Z X 1lI0( ~ • ,ot son? he would advise or recommend for your son? "He sa.id he would ,~~und that has been created for your son,can you .,cpr ..~.. terminate this trust and put you in "charge of this neve;r:.be 9.?~\e~~'~aterial •He couldn.'t .make it. ~'~."'-.''",:.;~i ~..f ' If the Court should agree with this petition and Definitely a trade school.~:..11., Has Mr.Wishnok given you any indication of what .te~l us genera~ly what you have in mind for youri ," ..,I 4_~''i'r . ........... A I want him to go to a trade school,learn a trade so he can have a good job and not wind up on the street • Q-.Have you discussed this with your son? A Yes. Q Do your desires for his training and his ideas seen to cOJ.ncJ.ae:, --------------------------,--- 13. A Oh,yeah. MR.PETTIT:I believe. that's all the questions I have of this Mr.Saxton,do you have any questions? should desire to ask any questions,we would be more than happy to have you do so• •" , «z«>.J>-UI.Z ZIIIQ, i0I- elZ XUI«3: witness,Your Honor. THE COURT: If the court All right. He wants to be We .went to the guidance office at.his school and they have given us different brochures and things about trade schools. a mechanic and the one school:he picked,we have tc.. contact them and go there and it is a little bit •t attend? ;.,.,."'"j ,J "".~;" _It .f"~:-.',, 'Have you explbred trade schools that your son might ,," I ~ ..,:uit~EXAMINATION.BY MR.SAXTON:•.~~ +1-....00:<l..:", <\,.,""u '"..I'", •'.I t I '7,,,~'Q!!~I,~t .,•~'Q., :c t',I:-1 ,N- I •'.If "'I .~"A"~"..'YesIII...r -j •~'-,..,~.~.', ~IIIa:.. ,~ :JoU .JCUii:u.o . far away and I would prefer'one a little closer but that's the one he said he liked when we looked at them. Q How does he get along with his present teachers? A The classes he goes to,he gets along well,but thE others,he doesn't go to the classes so I wouldn't 14. " , know. 0 'Have you had any reports from the teachers where he skips the classes? A Yes,and they all like Billy.They say Billy•is a very good boy,they can't understand why he ~doesn't go to class.He is good.He is not az 0(>bad boy.He just ,feels like,well,in shop clas~,oJ>-IIIZz he was building a .horse trailer and he felt that We sIII0. i0 the most important thing.He would skip classes~ClZ x to go there ,to do that because it was very importar tIII<~to him.The other classes were not important~uit to him and another thing they said is that BillyI-IIIe0 oJ felt embarrassed for the fact he couldn't read •~.U .",.,-.,0 .. ::l ,properly,.coJlldn't spell properly and when he went •.,"..1 •....~,.,,•.~.~l'.'o.''...:'I..~,-',....,..to the'other classes,he didn't want to in thereIIIgo vi0:and have to go through this embarrassment.•III,~., ~,~..;,'0:.",.).~·It.,\" t 0 .. f j (0..Q ,,.Does Billy look forward to attending trade school?IIIII: l- f-:....,Yes,.0:A he wants to go •:),~...., I 0 .'f'U toJQ If the court would so order it,if the court would~u , ~terminate the and ifl<.trust grant your request and0 e the Court would order in connection with that,wou d order you to provide a periodic account of how you have been expendirg these funds in behalf of Billy, would you have ariy objection to that? A No. Q Do you think Bi:l:ly personally understands what the "-= ~.15. purpose of this proceeding is that we are having today? • A. Q Yes. Do you think he agrees with your objectives on his behalf? • 0(A.z 0( ~>-Ul ZZIII0.. Z,~Q. Clz ffi A. 0(~ Q A. Q Yes,because I think if this isn't done,he is going to drop out of.school and I can't stop him now.He is 17. Do you and Billy get along well together? Yes. ,Does Billy get along with his other brothers? Well,everybody has their days but basically,yes. Well,I'm asking in the context of normal family things. A.'Oh,yes.They all go hunting and fishing Q Q Howald are you other sons? together and things like that, My one boy already graduated from high school. Fine. How do your other children get along in school? I~ ,Ed is 18,Billy,17,John,16 and James is;5.A. viII:III~o0..III II: ~6'A.u .J~U1;: ll,o•Q What is your oldest son doing?" A.He is a construction worker. Q Do any of your other-sons,do you think any of your other sons have the desire to go into college A.t " , NO,'I'don't think so,not to college. ,t t 1 ~i ~ ...~ilo ~j f.~..,.~...;:","", ;' I • .. 16. MR.SAXTON:I have no further questions. •MR.SIEGEL: questions,Your Honor. I have no into evidence. We will admit the letter from Dr.Wishnok ... ~' 0( z0(>oJ>-UlZZ11/Q. i 0...~z xUl<. ~"., THE COURT:'All right. ", ~re~t-grandmother's Will,that there was a certain Can you tell us how you are doing in school at the No. Yes. amount of money left for yqu to use for college? Do you have any desire to go to college? ~I "I .1"j i-B~tly,do,you understand that as a result of your ~...I •~."W;r:LFP>\M -LAWRENcE:STRAWND,ULX SWORN. ii:'1';.","J "/f ,." ~DIRECT',EXAMINATION BY MR.:PETTIT:o oJ '.~.!:!,:. 1'''~",'~",,""J "':_t ~ ,"Q'\.~~,.. N • ,~,'-"I·,j "~.l " present time? A Q Not too good. What courses do you like and are you doing well in: A Vo-Ag,gym,science I'm doing good in. Q Have you had trouble in school before this year? A Yes.I 17. Q What courses do you seem to have the trouble with? A Math,English,Social Studies. • Q If you had your own ch?ise,if it was just your opinion of what you were going to do in the coming years',what is it your desire to do? ","~,:What type of grades have you received up to now?, ....A~".U 0:,Q'",' III ~,',f rii,.'I \',.'~A', -!:!,.•_....C.f f l t,r•~t:'I.\l'1 .,,';,.!, :t..~A ,f..'I., B's,C's. Yes. In school,in Vo-Ag we work on engines and that. ,. Mechanic. What type of trade are you interested in? Go to trade school. " Do you get a grade:in those courses? ....""'-oII "Do you have any experienc~in mechanic work up to.~~ .' '-(/~ f ,J:.this point?t ,1~',' Q A Q 0( z 0(>.J>-IIIZ~.A Q, i'c 0,',~ z'';rIII0(~ .". uiffi Q '"0::oQ,101II: ~:loV .J<Ui;:...o Do you understand that your mother is requesting this court to terminate what we call a trust that was set up for you so that the bank would help you to get a college education and that she is asking this Court to place her in charge of this money so that she can use it for your training and educatior and also for any health purposes that may arise? Do you understand that? A Yeah. Q Are you satisfied that your mother would,if she i~ permitted,do this for your best interests? 18. A Yes. Q How do you and your mother get along at home? • A Q Good. Has she tried to help you in your schooling and your upbringing? " you could follow? and able to stick to it and get yourself an Yes. Do you feel if you are granted this opportunity to go to a trade school that you would be interested If this court would not make this change and things".' '~.I "b'ccupation that ,',',~,'I•\..~.r •,"j t",.'".'",.Yes,••~..•.f " ., "'just stayed as they currently are,what courses ,- Q A0( z0(>..I>-UlZZIIIII. ioI-~Z ,%.~,~..-,-,\ ~..A "'i~·t,....:l'' u it 0"~--s .. ~':'1 I-~.,:" ~:I ~t''o~~"would you be taking in school next year? <~~;.t .,1l _.,.h./~• ,~A'-~9th grade English,10th grade Science,10th grade •\ ,'f. ... " I~r.. .t,' f Q Q tIiIl:IIIl-ll:~IIIII: ~ :)ov ~AUi;:...o American History. Do you think you would be able to stick with it and eventually graduate from high school? No. Do you run into any problems now,Billy,being the age you are,taking the 9th grade courses and thincs of that nature? A Yes. Q Do you feel out of place with the other children? Is this part of your problems in not wanting to be in these classes? I I A Uh huh. MR.PETTIT:I have no 19 EXAMINATION BY MR.SAXTON: Q « z«~>-IIIZZ11/ Q, ioI-~Z :J:~'A 3: Q A Q A Q further questions,Your Honor. Billy,do you remember you and I talking concernin~ this hearing? Yes. And during that conver~ation do you remember my asking you a question about whether you wanted to co to college? Yes. Tell us what you said to me at that time. I didn't want to go to college. Do you remember my asking you concerning whether y<u thought you might want to change you mind about the t or think you might change your mind about that somEtime later on?Do you think.you might?-A "Q.l.!'I ~,~A(, ";~/.' No • •what kind of mechanics are you interested in? ,~~'f."•.,~,~C~rf3,'workJ.onOg on~engJ.nes. And did you tell me that you do some work on , " .., °1'., A '.' t. J •engJ.nes now? ~.Around the house.and I help people out sometimes. " ------------- 20. Q And do you enjoy that? I A Yes. Q Did you tell me about missing ·classes at school? A Yeah.I go to the classes I want to go to.-'Q Which classes don't you go to? «A English,Math,Science,Social Studies.z0(>.J ...,'1'>-q Do ypu ~'~\ially go to'shop class?..Ul,.(.<z • I.~.J:.-,"f it •t~.;,•~Q,,,•A,''.."Yes':',':1/:.,.,'.,"1;'+",'.--:,t"4';.,'...",.~i l ,,>"J ,., '-\JI'"",,''.0 .,"It'.''.to-Q What classes such as shop are you taking?ShopClz ::t andUl"what else?0(',~~'I-hi ;"•,'.V6.lAg~'A,'>•'.'"class one week and shop class another week.uii:I-Q 't ·1)I ,wl)'en you go to class,what do you do in the'Uh"Q••~...J~class part of Vo-Ag?u Q :;)A Talk about what did there and talk about~we over :I:~,.. N farming and stuff like tha.t. vi , II:III Q Does the teacher give you material to read in theI-..II:,0ll.III Vo-Ag class part?II: l-.II: ::I A Just makes us take notes.0.U ..I0(Q Do you have any difficulty taking notes in the Vo-A ~U i.L:II.• 0 class?.-A No. Q ,Do you take notes in the other classes? A Yes. Q Do you have difficulty taking"notes in those cIasses? A Sometimes. Q How do you get along with your teachers? " . - 21. I A Some of them pretty good. Q Some you don't get along with as well? I A Yeah. ~ -Q Which teachers don't you get along with as well? ".'A JY1¥Social Studies teacher.'.~-~. "f ..- •:< ,I•+-~-.p"•fI'Can'"you ,t~:P,·me why that is?c "f"",z'.'",.'It ....,......"'f <..."...-~.to",',.'"i ._~[,,::-.,.,I ~,-'i-''.41'.'.I ,..•','j...).>-A Because I don't go there,prob.ably.CIl.•·..z .•z', I I ~~\Q do along with the other students..'How you get at,i ,f0•'~",..'.."·,I-school?.'Cl 0",, z ":III)A,',;1.~i ·~~Good •:<.i ,~.• ..:Q Do you like people?u ii:I-A 'Yeah.CIl•C .J~Q Do you like working with people?uc ;)Yeah..,A '.:z:..r-III Q Are looking forward to g9ing to trade school?you lfiII:III A I want to.l-I"II:0a..III Q Do you have in mind a trade school you think youII: "".II: ;)would like to go to?0u .J 0(A Yes.(ij ~ll.0 Q Which one is that?e A Blairsville. Q Have you looked at other trade schools? A No.I Q Would you like to think about other trade schools too? A I would like to look at'some of them,yeah. . 22. Q When would you like to start trade school if you had the opportunity? IAAssoonasIcould. Q How long do you think you would be in trade school:•A I don't know.I «think would ,study . z Q What do you you at trade school? ~«" J,>.,<,,~I.....A ,'I..don't ,know.'"I,lilt ,-~-.~,,,~,.~.~,'.,•"I&l Q'-How old are you now?Q, 'z •~. A 17 •.~,.z .'.I:r Q ..When birthday?Ill'was your'«~ ..:A :.."March 10th. u I ,.,, II:.,. ~Q And you get along with your Mom?III•i5 ..J ~A Yes.'ui5:l Q How about your o'ther brothers?., :tl-I'III A Yes. iiiII:Q Do understand why your mother wants to get thisIIIyou~..II:0Q,money?IIIII: ~.II: ::I A Yes.0IJ ..J Q Do think it's the best thing?«youUii:ll.A Yes.0 e Q Have you thought about this very much? A I think about it once in a:while. -MR.SAXTON:I have no further questions,Your Honor.i I " ?~ MR.SIEGEL:I have one question of Mrs.Longstreath.. •THE COURT:All right. <z MR.SIEGEL:Mrs.LongstrE ath,<>oJ )-.Billy the only son of Nilliarn Strawn?III J..s,zz.11/a. i •0I-Cl MRS.LONGSTREATH:Yes.z xIII<~, .,:MR.SIEGEL:That's alluitI-III I have,Your Honor.e-oJ~ue :::l all.,THE COURT:Is that:t.....N testimony?the iiiIt11/I-~II:0a.11/MR.PETTIT:That is allII: l-.It::I the testimony wish to present,Your0wev ..I,,<-.y ,Honor. G:.~.1 ~,.<II..,.•f;1,0 ".,','0 ..I l'~,,.,,,.-,•.1.('.........,-·t·'...,'1\<It ... THE COURT:All right. ~...~Why don't we excuse Mrs.Longstreath and."",I,.•,; ,~her son ;for the time being and we will ""~..,~..,discuss this little further..'".matter a 4 ", (Mrs,Longstre?1th arid her son are excused from chambers:~) --- (Discussion between counsel and the Court,at the direction of the Court,is not reported~) 24. " •Mr'.Pettit,you will prepare the form ,-~ I'.., f 'I THE COURT:All right. of order and present it for signing?0(,.z , 0(>~>- i ~ ZIIIII.t·io < l-e>z xtil 0(:= ;4,'"\. ,I. '''t~ tot .., • U 1,J, MR.PETTIT: Honor. Yes,Your • .,: U lI:Iiic ,.I ~uC;:)., :t~III iiilI:III l-ll:~IIIlI: l-ll: :JoU ,.I 0( UG:u.o * * **.* * * * 25. record of the proceedings of the hearing in the above cause .- I hereby ,,,, ~~.t ~,;,...,t • ...~~¥~ f'."~..4 •l}""'.- The foregoin above cause and that this'copy is a correct transcript of is hereby approved and directed to be filed. .., ~; ~.;w l..the same. certify :that the proceedings are contained fully and.., 'acc\ir'ately in the notes taken by me during the hearing in the ,, •<."', L f.~{J,I',0( Z~(",.J , ~UIZZIII0. i0t-~'z :tUI0( ~ ~,ua:t- UI5 .J ~u5::l., :t~'"N cria:IIIt-a:00.IIIa: t-ll::l0V .J0( UiLlI.0 • • • ../I I IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PA. ORPHANS'COURT DIVISION ."to ...\ '".~.-~'",; HEARING ON PETITION TO TERMINATE·TRUST -~-..... 1'·...... "."'-···t'!(:~) ~~:::<-.,.,'1In ;"J ''::;-"{) N¢','63-69::1§48~,;~>"::f";,J ) ) ) ) ) ) ) .~, ..Thursday,,-December":8.,1979 At 1:30 ·P>.M.'•..e, Sherman H.Siegel,~EsquireRepresent~ng the Petitioner THE HON6RABLE PAUL,~.SIMMONS,J. APPEARANCE: BEFORE: TIME: Trust For LAWRENCE WILLIAM STRAWN, MELLON BANK,N.A., TRUSTEE In Re: .~.t & Janet A.Jackson Official Court Reporter MR.SIEGEL:This is the time fixed for a hearing on the petition of Lawrence Willian Strawn to terminate a trust under the will of his grandmother,Elsie E.Strawn. If your Honor please,I'd like to hand up at this time Exhibit Number One,which is an affidavit of service showing that a noticE of this hearing was given to Mellon Bank, the testamentary trustee of this trust,and also Mellon Bank as testamentary trustee for the great-grandson who is the remainderman under this trust. 2 . THE COURT:This relieve requested herE dosn't affect the great-grandson as I read it. MR.SIEGEL:Well,he's an ultimate remainderman.If Larry should die before reaching the age of 55,then whatever would be left would go to this great-grandson. I also hand up,if your Honor please, Petitioner's Exhibit Number Two--- THE COURT:But there's a special trust for the great-grandson for $10,000.00,which is -that's not affected by this proceeding? MR.SIEGEL:No,no,that's not. 3. THE COURT:That's what I wanted to know .. MR.SIEGEL:Petitioner's Exhibit Number Two is a receipt of notice by Jacqueline Longstreth,who is the mother and natural guardian of the remainderman. Exhibit,One and Two? to offer in evidence at this time Exhibit Numbe~ decree in the event your Honor should--- Of the great-grandson? So you would like me to admitTHECOURT: THE COURT: "MR:~SIEGEL~If your Honor please,I'd like -THE,COURT:"Okay,Exhibits One and Two MR.SIEGE~:Yes,your Honor. MR.SIEGEL:Yes.I also have a proposed Three,which is,the wrll of Elsie E.Strawn, are admitted and made part of the record. and make part of the record Exhibits -Petition r's under which,Item Three,the trust was created in this instance. THE COURT:This is a copy of the will? All right,Exhibit Three is admitted and made part of the record. ---------------~----~--~- MR.SIEGEL:I'd like to call,if your Honor please,Mr.Strawn,Larry Strawn,as a witness. 4. Strawn -Siegel Q That you live in? A I live in Wolfdale. Q That's in Canton Township? A Right. 5. • Q And you -are entitled under the will to the income from Mellon-Ban~,the trustee,one-third of the principal ~J)/-.of the trUst-on your 35th birthday,is that right? Q A Q A Q A Q A Q Q A Now,you are the beneficiary of a trust set up by your grandmother's will? Yes. And your grandmother's name was Elsie E.Strawn? Yes. How old are you,Mr.Strawn? Thirty-six. What is your birth date? September 17,1941. And under the te~ms:of the trust you received from Yes...' The trustee has informed you that the balance remain- ? ing in this trust is around $3,200.00? Yes. that trust? A Yes. Q And then when you reach age 45,you're entitled to receive one-half of that principal balance? A I think it's either one-half or -the balance. Q It's age 55 when you're entitled to get the balance. Strawn -Siegel 6. Now,are you employed,Mr.Strawn? A I work for Lincoln Hydraulics. THE COURT:Who? A Lincoln Hydraulics. Q Where are they located? The machine shop for Consolidated Coal behind the third man on the totem pole so me and three other laid off tomorrow because the miners are on striki so So I ,r, off? THE COURT:Are you working now or are yOl THE COURT:Trolley? we got noting coming in,nothing to be fixed. Trolley Museum,12 Museum Road.I guys are getting laid off tomorrow.Tomorrow is my last day.I don't know how long it will be,indefinite. It's right behind the Trolley Museum. I tOok the afternoon off to come up here.I'm gettin~ Q What kind of work do you do? A I'm a hydraulic mechanic; Q Did you enter into an agreement to purchase a piece 0 property? A Yes. Q And--- Strawn -Siegel THE COURT:Do you have a copy of that agreement with you? MR.SIEGEL:Yes,your Honor. 7. Q A•i~Q =z A:IEtIII.'z Q ~"ziCI;A g ~CIei•''u~"~,:t -l)',ii Q::I...., ~A..III..Qc:-IIIt-.'.'a=0 A~II. tIa=...II:Q::I:8 .~....,u•.-t A..0 - Who were you going to buy it from? George Vitteck. George Vitteck? Right. I show you Petitioner's Exhibit Four and ask you if that is the receipt for the down payment? I gave him $100.00 more or less to seal the bargain. I was going to try to get this money so I can purchase the land . And the purchase price in the agreement was $3,500.00? Yes. And it was to be closed on or before December 1,1977? Yes. What were you purchasing -for what purpose were you purchasing the property? Well,I used to do - I did body work for about 12 year~ with auto repairs.And I don't want to quit my job in Lincoln Hydraulics.I have a pretty good future up there,but I figured if I purchased this land maybe in a year so I could get a two or three-car garage on it and--- THE COURT:This is vacant land? strawn -Siegel 8. A Well,there's a house on it now but no one has lived there over 15 years.George Vitteck's grandmother - great grandmother and grandfather lived in it.And taxes on the land is $139.00 a year,but they're paid until next August.So what I'm going to do,I'm going to tear the house down because taxes on the land only maybe even hire a guy to do it for me.Because it is you know,put up a small body shop or reconditioning It's your idea to go into the automobile repair busi- ... ". ., ... Right. As a second--- ---Of income? As an extra means--- Unless I -if I -the only way I would do it"-the only way I could quit my job here'"if .1'start..out in business and it really starts booming and I maybe,you ness--- in an industrial place.You're allowed to'h~ve--- which won't be till next year anyway.And I want to, shop or something so I can work in the evenings after is around $39.00 a year,until I can put up a building I quit work down here and on·Saturdays and Sundays, .41:i~5:£1:1II; f'~e'zZ,Ill; ,~ E-i F.I'is:ii Q:I>:I ~.~.•e1 i A~a=0 QII;1:1.II:..AII:,:I:8;QIe,'-I::A,0• know,put all my time to it. Q Do you have the funds to pay the balance of this purchase price? A I can get -or I can borrow it,one of those. Q What were vou,if the Court would terminate this trust Strawn -Siegel 9. were you going to use the funds from that for purchase of this property? A Purchase of the land,yes. Q MR.SIEGEL:If your Honor please,I offer in evidence at this time Petitioner's Exhibit tioner has testified. made part of the record. minute,please. Exhibit Four is admitted andTHECOURT: THE COURT:Corne up here to sidebar a Four,which is the receipt to which the peti- by the Court? And that the balance of this trust be paid over to you Well -yes. Right. so that you can buy this land? Is it your wish,Larry,that this trust be terminated SIDEBAR -NOT REPORTED THE COURT:We're going to have a recess and you talk to your lawyer,for about five or ten minutes. RECESS 10. LAWRENCE ADDLEMAN IS CALLED AND DULY SWORN EXAMINATION BY MR.SIEGEL: her will for Lawrence William Strawn? Is Mellon Bank the trustee under the will of Elsie annual income from that trust ii? Where do you live,Mr.Addleman. '. And what is the charge of the trustee "for administer- -All right,the estimated annuaJ·incom~is.approximatel Approximately $3,200.00. And could you give the Court an idea-as to what the Mr.Addleman,could you tell the Cou~~the approximate What is your occupation? Assistant Trust Officer,Mellon Bank,N.A.I work out balance of the funds remaining in this tru~t? R.D.One,Clarksville,Pennsylvania. of the Washington office. They are. Would you state your name,sir? Lawrence Addleman,A-d-d-l-e-m-a-n. Strawn in the trust established under Item Three of $133.00 a year. a,. A a ,5 aziQz:or:tl.DO AiI'zi ,Q Q'; .~ ;Eei Bii A g ~Q ,Ill•.aIII.~A'0 II:tIJII:Qto••'::I'0:u lSII",U At.Q Q ing this trust,the annual charge? A We have a minimum compensation charge on this account of $50.00 annually. Q So that,do I understand then there would be approxi- mately $83.00 a year that would be payable to Mr. Addleman -Siegel 11. Strawn? A That's correct.As far as the value of the account, I should have said inventory value was approximately $3,200.00. MR.SIEGEL:Does the Court have any RECESS questions? THE COURT:No. (Witness excused) MR.SIEGEL:Will the Court indulge me for MR.SIEGEL:Thank you,Mr.Addleman. five minutes while I talk to my client? EXAMINATION BY MR.SIEGEL: !zci~~ i~Ii,Ill.; g Ei ~:6is I~ ,f,! ~I:!2tIJl: .~ ;) ~LAWRENCE W.STRAWN IS RECALLED TO THE STAND.U; e,0 '. ... Mr.Strawn,did I understand you to say that tomorrow is your last day of work? Yes. And this is because of the miners'strike? Right. How long do you contemplate that you will be without emnlovment? Strawn -Siegel A Well,you know,the power plant and everything has got coal stocked for the next·three months.And the miners want a four-day week,$100.00 a day,six hours a day.And I don't think they're going to get it. They ain't going to get it so they'll be out a good three monhts or longer. 12. 'iC~Qc;>,~AItI.Do i·ee Q:z i,Cf1I :~ a-:is A~,c;6 Q:0':::IiI:I IS A ,f;! ~Q :E·21:1~ :~ :':::1'0~u A;l 6t0. A Q Now--- We know it's going to be at least three months.Let's put it that way. Now,your time,how long do you have to make this purchase,complete the purchase of this piece of real estate? I'm overdue .now.~ .....I·• Has M0.Vitteck ~greed to give you--- Till ·the first of December. Well,this is already the eighth of December. -·THE"COURT:The first of December?.,....,-. Would~~ou-repeat·that?I gave him an affidavit in agreement that he would hold the land until the first of December,you know,wait until this hearing to see., if I couid get the money--- THE COURT:The first of December is past. I understand that.I already went to him and I got an extension. That's what we--- I. Strawn -Siegel THE COURT:How much extension did he give you? A Until today. THE COURT:Today? 13. ~Aic~~i Q~A %~Ae%i Q~•g A ~Q~-~ ij Ai~g Q~M A~u~Q 0~; ~«~B ~~A~t~Q In other words,till I can see if I get the money or not.Otherwise,he pas the land sold. He has another buyer in case you don't--- Yes. Is this a good purchase that you're making? I think so. Have you looked around for other real estate to bUy? .Not -there ain't none for sale in this area. You can't find--- Well,if there is,it's beyond my costs. So if you don't get the funds to pay for this piece of ground,you won't be able to go in the automobile bus- iness,is that right? No. If you don't come up with the money for this purchase, what will happen to your $100.00 hand money? A That's lost. Q Do you think this is an opportunity for you to really get you started in the automobile repair business? A Well,even if I 1~se,at least I gave it all the effort that I -no one goes into business thinking ~icizZ1:1II; Ze.~Qif ,0~A ,~~--!! Q ~1-,u'0 ':In I;q i E:2 I,Ii ':I:0,U g Cut.0- Strawn -Siegel 14. they're going to make a million dollars.I just want to have a little something on the side in case of,you know,these layoffs I get.Like I say,down here the business I'm working at now,it's growing.The guy is going to hire maybe 10 more guys in the next maybe two years.Well,in that time,then,maybe I'll buila up enough seniority that I won't get laid off.But, in the meantime I can always have this little business along the side. But if you don't get this piece of ground now--- Then I won't'be able to put up the garage for the business.You've got to have the land first. MR~SIEGEL:If your Honor please,I'd lik ~ tQ ~all 'the Court's attention to the provision in Item 'Three of the will,which states that in... the event of an emergency the trustee may pay over such portion of the principal of the trust as may'be necessary to overcome this emergency. I would'like to suggest to the Court that the petitioner,the beneficiary here,is faced with.i~~h an ~mergency at this time. THE COURT: (Witness excused) All right.You can step down THE COURT'Okav well I think what we'll _l do,do you want to submit a suggested decree along the0fbllowing lines:that the Court after full hearing and in the light of the miners' strike,and in light of the settlement date on the receipt,it is the opinion that it is an 15. emergency as far as th~s petitioner is concerne , which would warrant the termination of the trus under the circumstances.Further the Court, however,in~order to make certain that the mone is used for that purpose,is going to direct th t the money be paid to the trustee account of Sherman Siegel,Esquire,for the purpose of purchasing this property.And the buyer,namel the petitioner here in this case,Lawrence William Strawn,shall pay additional money to you to cover the costs of your fees,the realty his share.I guess he has to pay all the realt transfer stamps,and the balance due on the pur chase price.In other words,Lawrence William Strawn will not handle any of this money.Mr. Siegel will see to it that the money is trans- ferred to Mr.Vitteck for the purchase of this property. (Unidentified person speaks):The Department of Public Welfare has an interest in this case. 16. ~~-----1I-------------------"""""'----I--- THE COURT:Well,it seems to me you've waited a long time to tell me. (U~identified):Well,I'm not very famili r with the procedure here. THE COURT:Well,are you an attorney? 'contact the Court~You're not licensed to ,-practice law. handles this. The Common- You have your attorney So I wouldn't want to hear you ... ..THE COURT: ~THE COURT:Well,I don't;I'm not going 0 (Unidentified):No,your Honor,I'm not. (Unidentified):No,your Honor. (Unidentified):The Department of Justice THE COURT:Whose your attorney? hear lay people in this court.You're repre- ", sented by attorneys. ,... +,....J ,#;You:should have had an attorney. -~..'. ;c i0( izZ6A I,I. i,Ill,0(J: ,fi.l!,;! .G ~1-\!!. ,G -.g ~.'1 ~(lI , ~. II: ,E -~ '0'II:1:1:a:, G - :~.,I # ~u .- ".&.4'~ ~-.. ~ !!.~ t .- .0 ~ . i wealth has many attorneys and they should be here.So we're not going to listen to you at all,on the grounds that the Commonwealth doe~ riot~h~ve an attorney,the Commonwealth has many attorneys and the Commonwealth has nobody here to represent it.And we're not going to permit 17. lay people to practice law under any circum- stances.So that's the end of that.S6 you car draw up a suggested decree,Mr.Siegel,and Mr.Strawn,we want you to furnish the extra money he'll need,now ..YoU,get that up immedi- ately,do you understand.You'll need maybe go from the bank to Mr.Siegel and from Mr. you a deed.All right,I think that's the best Siegel to Mr.Vitteck who,in turn,will issue .,...... ,-Thank yo~,your Honor. .....,.- ********* MR.SIEGEL: (END OF PROCEEDINGS '). policy here. -,money is not going to go to you.It's going to another three or $400.00 to get this done.Thi~ ~ J 18. I -I hereby certify that the proceedings ~are contained fully and accurately in the notes taken by mei~Itatthehearingintheabovecauseandthatthiscopyisazzcorrecttranscriptofthesame.t!II. I'z~j~~"zi.:~~Of~C~rt Reporterfi~Eei I:uD::J.:t·~The foregoing record of proceedings,eI 0 ~,t!at the hearing in the above cause is hereby approved and..·I'Ill directed to be filed.Judge Simmons is now serving as Distri ttI.,:a:../..III Judge of the Western District of Pennsylvania.Judge Rodgers::J0"~t._,U.I has been assigned as President Judge of the Orphans'Court·u -,..t Division pursuant to Administrative Regulation Amended,filed.Q-.e .July 3,1978.. ~J:,///~~ceA~//$:~ Samuel L .Rodgers,J. ..' - I Form-RCC·IG .;;1. 'i OFFICE OF THE REGISTER OF WILLS WASHINGTONOF COUNTY AND AGENT OF THE COMMONWEALTH STATEMENT OF DEBTS AND DEDUCT'.ONS ...-.I~.if' DEDUCTIONS ALLOWED IN f' THE SUM OF ~J?j{~.'§~f}u'.~. ...~~u~~~u.~! ./" ESTATE OF Elsie E.Strawn LATE OF _--.,;...:.W:...;a::::;:.s::h::::in~gt.::.:o~n~,_-:B::...:::.e.:::n::::n:.::s:....zy:..:l:...:.v.=a:.::n:.:i=a~__ COMMONWEALTH OF PENNSYLVANIA DATE OF FILING APPRAISEMENT -=A~p""r....il",-=2..,6:u,,---=B,,,-6=8__DAT5 OF DEATH ---.!J:!.lut:!:.in~e~l~O!!-L.'·---:!1:.....9w6~7!..-_ DATE NO.OF NAME OF PAYEE REMARKS AMOUNTVOUCHIi'- 1 9l 7 Mellon National Bankand Trust ~ompany,Washington Office: .Julv 6 Pavtnent for drilline:safe deposi box No.F 165 10 00 6 WashinQ:ton.Countv Reports:Ad Ivertisine:e:rant of letters 12 50 11 Observer Publishine:Co:Adver ising grant of letters 12 50 Aug.18 Nationwide Insurance CompagIivJ/tnnuat installment due 7/14/67 31 00onHomeownersPolicyNo.-4-7 7 Oct 26 JoseohP.Ames:Appraisal of i welrv 2 50 Willa E.Paul:urass cuttlng ~I J.O f67tlirougn-ru-/231 07 re Keal 11 P!'1tAtp !'1itnate 105 West Evans St ~eet Orlando Florida 60 00 196~Commonwealth of Pennsylvania,Bureau:.of Vital Statistics:One Feb.21 birth certificate for William Lav rence Strawn 1 00 Apr,30 Mellon National Bankand Trust ~ompany,Washlngton-:Gounty,Pa : R P;1'Y\',pnt for teleohone ca Is. 7/20/67 Commercial Bank,W'Inter Park,Florida $11.72on£../30167 l!ust l!ederal baYlngs i &.Loan-:H.,-s s oClaTlon, Winter Park,Florida :>0 6/30/67 7.32 8L}8/67 Willa E.Paul,Orland 0d/Fl~bidaon7J6/67 7.32 11 21/67 Orlando,Florida,on 25 7 and Wmter park,Florida on -Il/..:J 1/?7/!f.J.~ 12/20/67 Orlando,Florida on 1 ~.7 67 2.81 J.~J.~J.b~.t1.1'4 ..t101m,l!J.orlua· on 3/11/68 '*,0'* 4 30/68 Winter Park,Florida 2.42 53 55 Register of Wills of Washlngton ,,",ounty,l"'a.:\jourt costs as tollo-IVS: Mar.27 7/6167 Probate of WiU and grlant of letters $23.00 8/29/67 .One short certiflcate J..uu 10J27/67 One short certificate 1.00 11/7/07 ExempliflcatlOn of records ~.~u 11 /13/67 One short certificate 1.00 3/27/68 Filing inventory 6.00 40 50"- J.';1btj S~;:ff}tn Hp Siegel:Attorneyls j lee $1.000.00Mal"7 12 1 8.avrnent on account 3/7/69 Balance in full 556.00 1,556 00 7 Mellon National Bank and Trust t;ompany: Gompensatlon on Execlitor :Pl,4~,!.~b 1,759 66SerVlcesreextra-testamentarv 'ssets 300.00 J.';1b - Julv 21 Stewart F.)3arnhi11 Funeral Hor.e: ~~uneral expenses ;pz,U~5.J.U Less discount 31.00 2.022 10 Aug.8 Stewart F.tlarnhill:.Kemovlng emalns trom ureciler .t"'lttS ourgn Airoort to Barnhill Funeral HomIe 47 25 Sept.5 Keith L.Hanson,M.D.:ProfesI.c;lional services 25 00 12 J ..Cornall Howarth,M.D.:Pro essional services 200 00 }SO:COUNTY OF WA.SHINGTON I,.A rliQ W Ott,Trnst Officer,Mellon National Bank and t;l.t~g;~R~Wf~~~.TO THE BEaT OF MY kNOWLEDGE AND BELIEF,THE FOREGOING IS A JUST AND TRUE STATEMENT OF DEBTB.FUNERAL EXPENSES AND EXPENSES OF ADMINISTRATION SUBMITTED TO THE EST~TE OF Elsie E Strauru .oECU.OED.AS DEDUCTIONli FOR INHERITANCE TAX PURPOSES.&k'~.UJj/lJ _.~_'.I (j?tL (L.5.) SWORN AND SUBSCRIBED BEFORE ME THIS 11th DAY 01"Trust Officer ~.I 'Ie!d-.-,~,~In-7Jttaa/1~ ............ 1967 Sept.15 Nov.7 1969 Feb.18 1967 July 14 Aug.1 14 18 .. John H.Cole,M.D.:Professional services Orange Memorial Hosp ital:Balance due on hospital expenses S.Whites Sons:Inscription on grave marker Atlantic Richfield Company:Gasoline Gulf Oil Corporation:Gasoline WillaE.Paul:Reimbursement for various services and payment of utilities Southern Bell Telephone and Telegraph Company:Final service - 15.00 8.52 17.60 3.65 1.50 164.53 33.27 Oct. 1968 Mar. May June 3 18 28 14 J.C.Penney Company:Charges Winter Park Feder·al Savings and Loan As s ociation:Mortgage payments for months of July,1967,through March,1968,at $63.00 a month Earl K.Wood,Orange County Tax Collector:Balance due on 1967 real estate taxes City of Orlando,Florida:1967 City taxon real estate All security transactions are shown as net.Accountant requests deduction for brokerage charges in the amount of -2- 89.91 __361.00 -, 72.3e 75.74 --$.1..004.23 C'/&L--O