HomeMy WebLinkAboutOC1970-0411 - ESTATE OF GUTHRIERODGERS AND RONEY
ATTORNEVS AT LAW
IN THE COURT OF COMMON PLEAS OF \vASH INGTON COUNTY,PENNSYLVAN IA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF ~CLARENCE F.GUTHRIE,No.84 of 1963 A.A.
Deceased.)No.411 of 1970
PETITION FOR lEAVE TO TAKE AGAINST
THE Witt NUNC PRO TUNC AND PETITION
.'FOR.AlLOWANCE OF AND CRED IT.FOR
EXECUTRIX'COMMISSION AND .SALARY
FOR OPERAT ING DEC"EDENT'S BUS I NESS
AND NOW comes LOIS F.GUTHRIE,the widow of the decedent
the Executrix of"decedent's estate,and the petitioner herein,
and avers as fol lows:
I.lois F.Guthrie,your petitioner herein,is the
widow of the decedent,and was duly appointed Executrix of the
decedent's estate.
2.Your petitioner was married to the decedent on
October 22,1938 and their residence at the time of decedent's
death was Peters Township,R.D.#2,Canonsburg,Washington
County,Pennsylvania.
3.The decedent died testate on November 12,1961,
survived by his widow,lois F.Guthrie,your petitioner herein,
and the fol lowing chi Idren:Beverly Ann Guthrie Hirst,Clarence
Ransom Guthrie,Donna E.Guthrie Drochak,Robert Earl Guthrie,
Mary Margaret Guthrie,and Penny lou Guthrie.The last two
named children are minors and they reside with Lois F.Guthrie,
your petitioner herein.
4.The decedent's Last Wi II and Testament dated
October 8,1961 was probated on No~ember 30,1961 by the Register
of Wi I Is of\Vash ington County,Pennsy Ivan i a,and the same appears
of ~ecord in 'the said Register of Wil Is Office in Wi II Book 94,
Page 3!.A copy of the aforesaid Wi II is attached hereto as
e3 S.MAIN STREET
WASHINGTON,PA.
Exhibit "AI.I.•
RODGERS AND RONEY
AtTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON.PA.
5.On September 6,1963,your Honorable Court handed
down an Adjudication and Decree awarding the principal assets of
the estate,consisting of the trucking business to lois F.Guthrie
Archie B.Callendar,Jr.,and Florence P.Carberry,as Trustees
under terms of a Revocable Life Insuran~e Trust Agreement dated
,'
October 8,1961 (marital deduction trust).
6.Approximately nine (9)months after the handing down
of the aforesaid Adjudication and Decree on September 6,1963,
Archie B.Callendar,Jr.and Florence P.Carberry,two of the
three Trustees of the said Revocable l)fe Insurance Trust Agree-
ment dated October 8,1961,fi led a Petition for reviewal leging
inter al ia errors in accounting and that the court's construction
of the Wi I I was improper in awarding the testamentary estate to
.,.
Trust Fund nAH of the marital deduction trust (which is for the
sole benefit of the widow)etc.
7.On May 21,1968,your Honorable Court handed down
an Order dismissing the aforesaid Petition for review holding
inter al ia:n •••The Court feels that there has been no error of
law,that the Wi I I has been properly construed and distribution
ordered in conjormity therewith ..·..u
8.The said Archie B.Callendar,Jr.and Florence P.
Carberry,two of the Trustees of the aforesaid Revocable life
Insurance Trust Agreement,fi led Exceptions to the aforesaid
Order of the Court dated May 21,1968.
9.On A~9ust 26,1969,your Honorable Court handed down
an Order requiring the fi I ing of a Restated Account.
10.A Restated First and Final Account was fi led on
or about February 6,1970 and it came on for audit on May 22,
1970.Objections thereto were fi led by Archie 8.Callendar,Jr.
and Florence P.Carberry,two of the Trustees of the said
Revocable Lif~Insurance Trust Agreement.
RODGERS AND RONEY
ATTORNEYS AT LAW
63 6.MAIN STREET
WASHINGTON.PA.
I I.On October 16,1970,the Court handed down an
Adjudication reversing the Court's original position and directing
that the entire distributable estate must be paid to Trust Fund
"Sn and nothing to Trust Fund "Au.The matter with respect to
assignments and transfers of the interests of certain of the adult
Guthrie children to their mother had not been disposed of by the
aforesaid Adjudication.
12.Testimony had been taken in the subject estate,and
the same reveals that from the very inception of the administra-
tion of the within estate,your petitioner and widow of the
decedent had reason to bel iev~that she was the owner of the
trucking business which was the principal asset of the estate,and
neither Archie 8.Callendar,Jr.or Florence P.Carberry,two of
the Trustees under the terms of the aforesaid'Revocable Life In-
surance Trust Agreement,had given your petitioner any cause to
bel ieve otherwise.For a period of years,the said two Trustees
acquiesced In the interpretation of the subject Wi I I which had
been given to them at the outset of the administ~ation of the
estate.The said two Trustees had been advised as early as
..
December of 1961 of their right to seek independent counsel.
They did not seek independent counsel unti I some time after the
handing down of the Adjudication and Decree by your Honorable
Court on September 6,1963.Because of the unr~asonable delay
and misleading conduct of the aforesaid two Trustees,and in
rei iance upon the Court's original Adjudication and interpreta-
tion of the subject Wil I,and the advice of counsel,your
petitioner did not ffl e an Election to take against the Wi I I
heretofore.
13.Since the Court reversed its original interpretation
of the Wi I I,and in vIew of the al legations contained hereinabove,
your petitioner request~your Honorable Court for permission or
leave to fi Ie an Election to take against the Wi I I nunc pro tunc.
The granting of permission or leave to take against the Wi I I nunc
RODGERS AND RONEY
ATTORNEYS AT LAW
453 S.MAIN STREET
WASHINGTON,PA.
pro tunc wi I I not have an adverse effect upon the decedent's
chi Idren because your petitioner,upon decedent's untimely death,
was left with the responsibi I ity of caring for six children,
five of whom were minor chi Idren at the time of decedent's death.
At the present time,your petitioner is sti I I caring for two
•of decedent's minor chi Idren who live with your petitioner
herein.
A copy of the proposed Election to take against the
Wi I I of said decedent is attached hereto as Exhibit "8".
14.Your petitioner hereby makes claim for allowance of
and credit for Executrix'commission in the sum of $10,765.59
which said commission is based upon the gross revised assets of
the subject estate,being in the amount of $215,311.86.
15.Your petitioner operated the decedent's trucking·
business from the date of decedent's death on November 12,1961
to March 16,1964,when she had sold the trucking business.
Under paragraph "Ninth"of decedent's Wi I I,your petitioner IS
entitled to reasonable compensation for her services rendered in...
connection with the operation of the decedent's business.Your
petitioner operated decedent's trucking business from November 12,
1961 to March 16,1964,or for a total of 122 consecutive weeks,
and as a consequence thereof,your petitioner hereby claims an
allowance of and a credit for salary or compensation for operating
decedent's business during the said period of time at the rate of
$150 per week or In the total sum of $18,300.00.
16.At the audit your petitioner claimed the family
exemption In the amount of $1,000.00 and she hereby requests an
allowance of and credit for the said fami Iy exemption.
17.Your petitioner further requests that your Honorable
Court renders a decision or an adjudication with respect to the
assignments and transfers of interests of certain of the adult
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON,PA.
Guthrie chi Idren to their mother,your petitioner,which has not
-.
as yet been disposed of by your Honorable Court.
18.Your petitioner further hereby requests that your
Honorable Court makes a r~1 ing or an adjudication with respect to
the removal of the trustees,which matter is stil I pending before
your Honorable Court.
19.The final Adjudication and Decree and Schedule of
Distribution has not been made in the subject estate.
WHEREfORE,your petitioner prays your Honorable Court
-,
to enter a~Adjudication Order or Decree al lowing your petitioner
for leave to take against the Wi I I nunc pro tunc,for allowance
of the credit for Executrix'c~mmission,and salary for operating
decedent's business,the allowance of and credit for the family
exemption,and the adjudication of the undisposed matters referred
to hereinabove.
l.ois f."Guthrie
COMMONWEA LTl1 OF PENNSYlV AN IA
COUNTY OF WASHINGTON ~)
SS:
Before me,the undersigned authority,a Notary Publ ic,
personally appeared lOIS F.GUTHRIE,who,being duly sworn
according to law,deposes and says that the facts set forth In
the within Petition are true and correct to the best of her
kno\'I Iedge,irformat ion and be lief.
Sworn to and subscribed
daybeforemethis2:2..
of ~1Ze--zyZ,,'!~,1971.
RODGERS AND RONEY
ATTORNEVS AT l-AW
6S S.MAIN STREET
WASHINGTON,PA.
!H1RtW 1);NKoWSKf,Nohiry PuMieMyCommissionexpires:Washington,Washington Co.,;>-3.
My Commission Expires Jilnuary 26,1973
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LAST WILL AND TESTAMENT
I,CLARENCE F.GUTHlx IE,of \~esh i ngton County,Pennoy 1-
vania,being of sound mind and memory do make,publ ioh end
declare this my Last Wi I I and Testament,hereby revoking end
declaring nul I and void any and al I Wills and Codicils by me
at any time heretofore made.
FIRST:direct my Executrix to pey my just debts,the
expenses of my last illness and my funeral ~xpenceo•
./
SECOND:I give and bequeath al I my jewelry,automobile,
clothing and other purely personal effects to my wife,LOIS F.
GUTHI~IE,if she survives me.In the event my wife fails to
survive me,I give and bequeath the aforesaid items to my then
I iving chi ldren In equal shares.
TIIIIW:In the event my wife,LOIS F.GUTHRIE,is living
at my death,I ~ive,devise and bequeath to lois F.Guthrie,
Archie B.Cal lender,Jr.,and Florence P.Corberry as Trustees
under that certa in I~evocab Ieli fe Insurance Truot Agreement
dated October 8,1961,and actua I Iy executed by me pr ior to
my slqnlng this \vi I I,so much of my estate as wil I e~ford my
estate the maximum allowable marital deduction under Federal
Estate Tax Laws when this share of my estate is considered with
any end all other property of mine passing or which has passed
to my wife undet~the terms of this Wi II or otherwise,and which
other property is included In my gross estate for Federal Estete
Tax purposes and in the marital deduction al lowed my estate.My
Executrix shal I exclude from this gift,which is for the benefit
of my wife,any terminable interests which would not be deduc-
tible as part of the marital deduction el lowed my estate if
~Iven to my wife~
My Trustees shal I hold this property 85 Fund "A"
In accordance with the terms and provisions of the Revocable
Life Insurance Trust A9reement rpferred to ahove.
FOllnH:All the rest,rE'sidue and remainder of my estQte,
of whatsoever kind and nature and wheresoever situate,of which
I shal I die seized end possessed or to which at the time of my
EX HI BIT "A"
{".'
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'I'{',
.',\
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death I may be entitled,remaining after the paymant of tO~QO
88 hereinafter provided,I give,devise and bequeath to myoforo.
mentioned Trustees under that certain Revocable life Insurance
Trust Agreement referred to in ParogrQPh THIRD above,to be hel(
by them as Fund "8"in accordance with the terms of thQt Agreemant.
FIFTH:If for any reason the said life InsurancQ Trust
Agreement is ineffective as a trust at tho time the Ooseto of my
eotete are to be added,to it,then the property herGin given,•
devised end bequeathed to ~aforementioned ~Truoteos under such
Life Inourance Truot AgreemGnt ohall be held by them in trust
in ac~ordence with the provioiono of the said Life Inourance
Trust Agreement in ito form immediately prior to the execution
of this lest Wi I I and Testament.
SIXTH:I authorize my executrix to oell ony and allreol
eotate of which I die seized,at public or priv.oto 0010,for
such prices end upon ouch terms and conditiono co aho ohall deem
advisable,end to make,execute and deliver good ond cufficient
deed or deeds therefor,conveying titlo theroto in fee sicple
absolute or for any leos estate to any purchaoer or purchosers.
SEVENTH:I authorize my Executrix to Qoke distribution
of my estate in kind,in cash,or partly in kind and partly in
cash,as my Executrix shall bel ieve odvioable.
EIGHTH:direct my Executrix to payout of the principal
of my residuGry estate al I Federal Estate,State Inheritance,or
Estate and Succeosion Taxes imposed upon or with reopect to my
estate or any property in which I may have an interest,including
any property not forming a part of my testamentary estete but
included in my gross estate for tax purposes,except Gny property
over which I have a taxable power of appointment in t~e event it
shal I be held that I have not exercised such power of appointment
In this Wil I,at such times and in such manner as my Executrix,
In her sole discretion,deems advisable;and no such taxeD or
Gny portion thereof so paid shal I be collected from or paid by
any other person,persons or corporation by way of reimbursement,
proration,apportionment or otherwise.
~~
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NINTH:I authorize my Executrix to continue to operate,
during the period of administration of my estate,any busineos or
business interest which I may own or in which I may have the con-
trol ling interest at the time of my death,for so long as my
Executrix deems it advisable.My Executrix shal I be entitled to
adequate end reasonable compensation for her serviceo in connection
with the operation of any such business or business interest in
addition to the amounts usual Iy ewerd~d Executrix in connection
with the administration of &States.During ~he period of time
that my Executrix continues to operate ouch business or business
interest,I authorize her to delegate the ful I responsibi I ity for
the operation and management of the business or business interest
to such person or persons as she mayselect.Further,my Executrix
IS authorized to distribute any such business or buoiness int-
crest to my Trustees in kind.In the event,however,my Executrix
deems it advisable,she is authorized to sel lor liquidate to any
such business or business interest at such time or timeo and upon
such terms and conditions as she may deem advisable;sel I ing such
business or business interest to such person or persono,corpor-
ation or corporations as she may deem advisable.·My Executrix
shall be without I iabil ity for any loss arising from or occasioned
by the retention and operation and/or I iquidation of any such
busineos or busi ness interest.
TENTH:In the event my wife,LOIS F.GUTHRIE,fai Is to
survIve me,I name and appoint M;~S.RUSSEll DALLY,as Guardian of
the persons of my minor chi Idren.In the event Mrs.Russell Dolly
is unwi I I ing or unable to serve for any reason,I name and appoint
HAROLD GALLEY,as Guardian of the persons of my minor children.
ELEVENTH:name and appoint my wife,LOIS F.G~THRIE,
Executrix of this my Last Wi I I and Testament,without bond.
I name and appoint LOIS F.GIJTHI~IE,without bond,as Testa-
mentary Guardians of the estates of minors entitled to distribu-
tion hereunder,Uiving and granting to them in the capacity of
Guardians of the estates of minors the power to agree to any
distribution of my estate that they deem advisable;the po~er to
retain any property,real or personal,received by thorn in kind
and the power and authority to sel I the same upon such terms and
conditions as they hel ieve advisable,giving good title to any
real estate thus sold;and the power and authority to invest in
such stocks,bonds and/or other investments they deem advisable,
without being I imited to those investments in w~h guardians
are by law required to .invest minors'funds;and giving and
granting to them in this cap~city the power ~nd authority to
disburse to or for the ben~fit of the mInor wards so much of
the income and the principal of the minor's shere of my estate
as they,in their sole discretion,deem advisable for the minor's
comfort,support,maintenance and compege education,including
preparatory,col lege and post-graduate or profesQionel training,
and to aid the minor In the eYentof any illness,injury or other
emer~ency affecting the minor wards wherein money IS needed.
IN WITNESS WHEREOF,1 have hereunto set my hend Qnd seal
th is _~th ..day of October,1961.
_C:-:...Ia::.:r:....:~l:.:n..:..;:c~e::,.....:.F....:.--::;G.=.u.;:;.t.:-h::...r~i e=--(SEAL)
Si8ncd,sealed,publ ished and declared by the above named
Testator,CLARENCE F.GUTHRIE,as and for his Last Wil I and Testa-
ment in the presence of us,who at his request,In his presence
and in the presence of each other have hereunto subscribed our
names as witnesses.
_~~.n.e_~..ilr..s.h_.._RES I0 ING AT 122 Thomas Road,Canonsbur9..t-pa.
~e E.Boyle RESIDING AT I 12 B~a~hview St.~Houston,Pa.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
.ORPHANS'COURT DIV·IS ION
IN RE:ESTATE OF
CLARENCE F.GUTHR IE,
Deceased.
~No.84 of 1963 A.A.
)No.41 I of 1970
NOTICE OF ELECTION
TO:Lois F.Guthrie,
Executrix of the Estate of
Clarence F.Guthrie,deceased.
The Registep of Wi I Is and
Clerk of Orpharis~Court 6f
Washington County,Pennsylvania.
You wi II please take notice that LOIS F.GUTHRIE,the
survIving spouse and widow of the said Clarence F.Guthrie,
deceased,does hereby elect to take against the Wil I of the
said decedent,and against al I conveyances within the scope of
Section II (a)of the Estates Act of 1947,as amended,of which
the survIving spouse and widow may be beneficiary if any,and
you are requested to record and file this Notice in accordance
with the Act of Assembly,in such case made and provided.
Date:September .,,2,;2.,197 I.
RODGERS AND RONEY EX HI 81 T "8"
ATTORNEYS AT ~w
sa s.MAIN STREET
WASHINGTON,PA.
COMMONWEALTH OF PENNSYLVANIA
COUNTY ·OF \vASH If'.G TON
.~
)
SS:
Before me,the undersigned authority,a Notary Publ ic
personally appeared LOIS F.GUTHRIE,who,being duly sworn
according to law,deposes and says that the facts set forth In
the within Notice of Election are true and correct to the best
of her knowledge,information and bel ief.
Lois F.Guthrie
Sworn to and subscribed
before me th is ..g ...:<day of
/!.A~~L--cA:../,197 I.
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON,PA.
My Commission expires:
flHIRL!¥JANJ<:eW~KI,Nofary fiub'lie
Washington,Was:,ing+on Co.,;>"'.
My Commi'iion Expires January 26,1973
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURt tilvisfoN
IN RE:ESTATE OF
CLARENCE F.GUTHRIE,
Deceased.
No.84 of 1963 A. A.
No.411 of 1970
it IS
further dir~cted that counsel for the petitioner serve copies
OR D E R---;-t6t
AND NOW,th is -Zt--aay of --::2~~~~,...c.:~r::::tJ.._,1971,
the within Petition is hereby
thereof upon James McCreight,counsel for Archie B.Callendar,Jr.
and Florence P.Carberry;Frank Conte,guardian ad I item for
minor childre~;and Frank C.Carroll,counsel for adult Guthrie
children.
~.
RODGERS ANC RONEY
ATTORNEYS AT L.AW
5S S.MAIN STREET
WASHINGTON,PA.
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IN THE COURT OF"COMNION PLEAS OF WASHThfGTON COUNTY I PENNA.
'ORPHANS'COURT DIVISION
INRE:
Estate of
CLARENCE F.GUTHRIE I
Deceased.
(
)
(
)
(
)
(
No.411 of 1970
ADJUDICATION
Marino,J.October 16,1970.
The matter before the court is the audit of the Restated First and
Final Account in the above decedent's estate.A petition for review having
been filed,this court ordered the filing of a restated account.Lois F.Guthril'
the executrix,filed her restated account on February 6,1970 and it came on
for audit on May 22,1970.Objections to same were filed on behalf of two of
the three Trustees under decedent's Revocable Life Insurance Trust
Agreement;almost similar objections were interposed by the guardian ad
litem of the minor children of decedent.
Argument was had on June 23,1970 and all objections are now
before the court for disposition.
1.The first obj ection to the Restated Account is addressed to
accountant's claim of a credit for payment of bank loans which became
necessary in the operation of the trucking business owned by decedent.
Objector's brief states as follows:rr ••.the accountant has failed to show the
loans as debits,..•that is,has failed to show the proceeds of the loans
coming into the Estate and has shown only the repayment of the loans by the
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6.This objection is addressed to the accountant's revised
balance for distribution which accountant fixes at $47,179.66 for the principal
and nothing for income.Objector's calculation shows the principal balance to
be $62,865.75 and income balance to be $53,228.44.We feel that objector1s
calculations are correct.There is therefore a balance for distribution of the
sum of $116,094.19.Since accountant1s figures show only $47,179.66 in hand"
she is surcharged in the sum of $68,914.53.
The final problem is that of distribution.Accountant proposes to
distribute the entire balance to the Marital Deduction Trust,also identified
as Fund A,and nothing to the Children1s Trust,or Fund B.The exact ooposite
is suggested by the objectors.They would pay nothing to Fund A,and the
entire balance to the children's trust,Fund B.The problem arises from the
interpretation of the pertinent provisions of the will and the decedent's
Revocable Life Insurance Trust Agreement as it concerns the Marital
.Deduction Trust.
In construing the will,accountant maintains that decedent's
intention was to award as much as possible (consistent with tax savings)
to the widow,not the children.In support of this theory she points to the
minute details of the contro1 of this fund;that the widow is entitled to the
entire income from this fund during her lifetime;that she has the unqualified
Iright,at any time,to withdraw and consume,demand and receive,any part
or all of the principal of said fund;that she has the right,by will,to dispose
of any unconsumed portion of the fund by her appointment wi,thout restriction.
During the lifetime of the widow,thp.Trustees may pay to her as well,from
Fund B)any portion of the principal as well as the income;it is only after
her death that the Trustees may distribute any of the remaining principal,
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unfettered)to the children.With thp-se most ample provisions for the widow,
it is argued that she was decedent's main concern and that his intention is plain.
Obj ectors insist that this type of marital deduction formula is to
give to the marital deduction trust (here Fund A)only sufficient to equal the
maximum marital deduction allowed by the Federal statut.es;that the purpose
in this type plan is not to favor the widow)but on the contrary to preserve as
much as possible of decedent's estate to the next generation)the children.Th
true object of testator's bounty in such a plan is not his wife)but his children.
Both of these positions are fairly stated)but it is hardly necessar
for the court to consider)more than superficially,the language of the balance
of the will (other than that establishing the two trusts)and the attendant
circumstances)when the conventional verbiage is employed to denominate the
pecuniary type formula for a gift to accomplish the exact maximum marital
deduction.It must be conceded that the draftsman of this will drew it with an
eye toward the full benefits of the marital deduction.
The full benefit and the prime advantage of the formula type gift,
where worded to grant the full 50%of adjusted gross estate,is that while it
accomplishes the maximum deduction for purposes of the federal estate tax on
the estate of the primary decedent,it likewise minimizes the prospective estate
tax on the estate of the surviving spouse when he or she dies,by keeping the
gift to the spouse as low as possible consistent with obtaining the maximum
saving on the estate of the primary decedent.
While it is most difficult to reconcile the broad powers granted
decedent's wife with respect to Fund A and the inescapable realization that
there would be no such fund to administer,the provisions thus granted can
have no rational application to the ultimate matter of the method of ,funding
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the two trusts.We do not know the decedent's thinking in this connection,
whether he expected to have a much larger estate,or whether he foresaw
possible disposition of the bulk of his jointly-owned property during his
lifetime,or some other contingency which might drastically reduce the value
of property passing to his wife outside the will (or already passed to her).
Any of these contingencies would make necessary the funding of a portion of
this trust from estate assets;but none is required because the property
passing to the wife outside the will fully met the maximum marital deduction
by which it is measured.In fact,it exceeds that amount;hence the entire
distributable estate must be paid to Fund B.
The final matter concerns the petition filed by the adult children
of decedent,four in number.There are at this time still two minors,and
of course they did not join in the petition.The adult children desire to waive
and release their interests in the estate of their father completely and to turn
over their shares to their mother,the executrix and accountant.The problem
here is whether this can validly be done when the trust contains spendthrift
provisions.The law is well settled that it could not be accomplished prior to
the Estates Act of 1947:Bosler Estate,378 Pa.333 (1954),dealing with a
trust established in 1916.But the Estates Act of 1947,as amended,Section
3(a),20 P.S.301.3 provides for the release or disclaimer of interests even
though a spendthrift trust is involved.Objectors,however,cite three reasons
for refusal of the prayer of the petition.
(a)It is argued that the waiver and release attempted by the
petition is not a true release but an 'lassignmenttl instead.We feel that since
the statutory provision permits the waiver and release of these rights It.
either with or without consideration...II that even if the document be
denominated an assignment it would be within the terms of the act.
-5-
a:••••_aIM
..
(b)Our attention is next called to the fact that the income must
pass to the IIdescendantsll of the income beneficiary whose interest is released.
The said term is undefined by the act.Under the Intestate Act,property of a
decedent may IIdescendfto the parents.We feel that the same broad definition
should be applicable here,since the legislature was probably intent upon
keeping the fund in the blood relationship rather than permittinq it to go to
strangers to the blood.
(c)It is contended that the children do not have vested interests.,
and therefore cannot transfer them to others.
.Under the provisions of this will,we consider the childrens'
interests to be vested,subject to possible divestment.But even if they are
found to be contingent,it would not prevent their transfer if a proper mode of
transfer is employed.Unless the contingency is one which affects the
capacity to take,a contingent remainder or other contingent interest is
transmissible.Gray on Perpetuities,Sec.118,states:lilt is well settled
that all contingent interests of inheritance..•where the person who is to take
is certain,are transmissible by descent and are devisable and assignable.II
We will recognize proper assignments and transfers of the
interests of the adult Guthrie children to their mother,Lois F.Guthrie.
By t
J.
-6-
.&i'••_&1&_11 3.....,
•
In the Court of Common "")leas of
Washington County,Pennsylvania
Orphans I Court Division
No.411 of 1970
In Re:
Estate of
CLARENCE F.GUTHRIE,
Deceased.
ADJUDICATION
(Marino,J.)
f '.v
ORPHAN'S COURT
WASHINGTON,PA.
3 7-...~G,(.V
<..
•
/'
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--_.__._._-----~---.._~---~---._-~...._._-~--~--~-----------------~---------_.~.__.~~---"'_.__._-----------~---~.-~-_.~---~----_._---~--~------_...-----------.j
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
No.84 of 1963 A.~.
CLARENCE F.GUTHRIE,Deceased
No.411 of 1970
ANSWER TO PETITION FOR LEAVE TO
TAKE AGAINST THE WILL NUNC PRO TUNC AND PETITION
FOR ALLOWANCE OF AND CREDIT FOR EXECUTRIX'
COMMISSION AND SALARY FOR OPERATING DECEDENT'S
BUSINESS
AND NOW,comes FRANK A.CONTE,ESQ.,Guardian Ad Litem
for minor children in the above captioned matter and answers
the Petition filed at the above number and term as follows:
1.Admitted.
2.Admitted.
3.Admitted.
4.Admitted.
5.Admitted.
6.Admitted.
7.Admitted.However,the Guardian believes and there-
fore avers that the entire opinion of the Court should be set
forth in paragraph 7,and also the entire Adjudication of the
Court.
8.Admitted.And it is further averred that the
Guardian Ad Litem joined in the Exceptions filed.
9.Admitted.
"10.Admitted,however,it is further averred that the
Guardian Ad Litem filed Objections and joined in the Objections
of the Trustees.
it is averred that the Court's Adjudication does dispose of all
is Denied,an4 on the contrarv,
IIi
II
!III_J _
11.The first sentence of paragraph 11 is Admitted.
The second sentence of paragraph 11
questions relating to the account.
12.In answer to paragraph of the Petition,is is
Denied that the testimony reveals the matters set forth in said
paragraph;it is further averred that the best evidence as to the
testimony is the record of the proceedings before your Honorable
Court and since your Honorable Court has already reviewed the
matters set forth as "testimony"and made an Adjudication,the
matter is res judicata.In further answer to paragraph 12,more
particularly the last sentence thereof,it is Denied that there
was any conduct on the part of Trustees that amounted to unreason-
able delay or was misleading and it is.averred that they in all
cases acted within time limits prescribed by the laws of the
Commonwealth of Pennsylvania.It is further averred in answer
to the last sentence of paragraph 12,that petitioner knew or
should have knoWl of the finality of~<the Adjudication referred to
and that "advice of counsel"is not a defense to the untimely
filing of application for widow's Election to Take Against a Will.
On the contrary,it is averred tha the time limitation on a
widow to take against a Will is mandatory and cannot be extended
except upon a showing of actual fraud.See In....re:Estate of
~F:aller 407 Pa.73,180 A 2d 33 (1962).
13.Paragraph 13,containing a prayer for relief and
certain irrelevent,immaterial,and incompetent facts does not
require answer.In further answer to paragraph 13,it is Denied
that the notice of Election incorporated therein is proper or
that it may properly filed at this time for reasons set forth in
paragraph 12 hereof.
14.The claim set forth in paragraph 14 of the Petition
is Denied,and on the contrary it is averred that the claim is
not timely filed,nor should it be considered at this time.
15.The claim contained in paragraph 15 of the Petition
is Denied as not timely filed and further that no compensation
is due on account of the alleged services rendered.
16.The claim set forth in paragraph 16 is Denied and
it is averred that the claim is not timely filed.
17.In answer to paragraph 17 of the Petition,it is
averred that your Honorable Court has already entered a decision
and Adjudication with respect to the assignment and transfer
of interests,the Court having ruled that the Petitions~were,:
not proper and that the proper Petitions should be filed.To
the knowledge of the Guardian Ad Litem,no Petition in proper
form has ever been filed.
18.In answer to paragr.aph 18 of the Petition,it is
-averred that the Court has refused to remove the Trustees and
that this Adjudication remains unappealed from.
19.In answer to paragraph 19 of the Petition,it is
Denied that the final Adjudication and Decree has not been made
in the subject estate,and on the contrary it is averred that
only the schedule of distribution has not been made.
WHEREFORE,the Guardian Ad Litem prays your Honorable
court to deny the Petition and the Petition For Leave To Take I
Against The Will Nunc Pro Tunc and Petition for Allowance Of and I
Credit for Executrix'Commission and Salary For Operating Decedent's
Business.,and file a final Schedule of Dis.tribution based on the
Adjudication previously made by your Honorable Court.
-- -~-------..--------------------------------------~......,
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF WASHINGTON
On this 12th day of October,1971,before me,the
undersigned authority,personally appeared FRANK A.CONTE,Esq.,
who being duly sworn according to law deposes and says that
the facts set forth in the foregoing ANSWER to Petition are
true and correct to the best of his knowledge,information and
belief.
~~14~Fra~~Conte,Esq.
Sworn to and SUb~.ibed~
before me this ~
day of ~,1971.
~/!1.~
[1:'KAREN M.SANFORD.NOTARY PUBLIC
f WASHINGTON,WASHINGtON COUNTY
MY COMMISSION EXPIRES APRil 1 ,1975
,Member,Pennsylvania Association of NotaflU
j
t-/I/i/77"
IN THE COURT OF COMMON PLEAS
OF WASHINGTON COUNTY,PENNA.
No.411 of 1970 &84 of 1963 i.A.
Orphans'Court Division
IN RE:
ESTATE OF CLARENCE F.
GUTHRIE,deceased
i
ANSWER TO PETITION FOR LEAVE
TO TAKE AGAINST THE WILL NUNC
PRO TUNC AND PETITION FOR
ALLOWANCE OF AND CREDIT FOR
EXECUTRIX'COMMISSION AND
SALARY FOR OPERATING DECEDENTlt SBUSINESS
.::r:
..........--
~~.,
""-
~
~
~g
~1~~~~~'J()..~~~J
FRANK A.CONTE
'-o
o~
IYs.-----,?;Si
v
ATTORNEY AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA
AJ£)
.:~o---::J 1%13//
t ....' •I
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)NO.84 of 1963,AA
ESTATE OF CLARE,NCE F.)
)NO.411 of 1970,AA
GUTHRIE,Deceased )
ANSWER TO PETITION "FOR LEAVE TO TAKE AGAINST WILL '
AND FOR ALLOWANCE OF EXECUTRIX'S COMMISSION AND SALARY
'AND NOW comtLArchie B.Callender,Jr.'and Florence
~.Carberry,two of the Trustees under the Clarence F.Guthrie
Revocable Life Insurance Trust Agreement;a~d answer as follows
the averments of fact contained in the Petition filed by Lois
Guthrie on September 29,1971:
1 -11
The averments of fact contained in Paragraphs 1 - 1 ,
inclusive,of this Petition for Leave to Take Against Will are al
matters of record and are admitted.
12
The averments contained in Paragraph 12 of the Pet-
ition are answered as follows:
(a)Even if true,the facts alleged would not meet
the standards established by the Supreme Court bf Pennsylvania in
Estate of Dimarco,435 Pa'.428 (1969),for obtaining permission
more than a y~ar after probate to file an election to take agains
•• ••',j
a will in violation of the p'rovisions of Section 11 of the Wills
Act of 1947.
(b):Furtherrnore,neither the testimony taken at th
hearingsof October 16 and 30,1964,nor the other matters alluded
to support the allegations and arguments made in Paragraph 12 to
the effect that petitioner "had reason to believe that she was the
owner of the trucking business",that trustees Callender and Car-
berry "acquiesced in"such an interpretation of the Will,or were
{,::i .I
guilty of any "unreasonable delay"or "misleading conduct",and
that petitioner's failure to file a timely election was "in re-
liance upon the Court's original Adjudication".On the contrary,
the testimony establishes,at most,that counsel for the estate
told the executrix and trustees that it appeared to him that the
trucking business would go to Mrs.Guthrie as a part of trust fun
"A".The trustees,whlQ~they did not clearly understand the Wil
,
and Trust,did not believe that the business belonged to Mrs.
Guthrie individually.There is no evidence that the trustees in
any manner delayed or misled Mrs.Guthrie,or that any conduct on
their part had any bearing on Mrs.,Guthrie's failure to elect a-
gainst the Will.Finally,the averment of reliance on the Court's
Adjudication is obviously groundless;the record shows that for
the Adjudication was handed down more than eight months after the
time for election had expired.
13
The averments contained in Paragraph 13 of the Pet-
itlon are answered as follows:
(a)The averments that "petitioner,upon decedent's
untimely death,was left with the responsibility of caring for 'si
children,five of whom were minors"is admitted,as i~'the aver-
ment that "at the present time petitioner is still caring for two
of decedent's minor children,"but the relevance of these state-
ments is denied.
(b)The conclusion which petitioner reaches from
the foregoing is that her taking against the Will nunc pro tunc
will not have an adverse effect upon the children.This conclusio
does not follow logically and is contrary to fact and law.It is
therefore denied.On the contrary,such an election would nullif
the testator's estate plan for his children and would,redu;ce by
one-third the benefits which they might ultimately receive from
his estate.
..",.
14
Petitioner's belated claim for credit for commissio~
is answered as follows:
(a)The calculation is admitted,the claim being
for 5%of revised inventory,reduced by the loss sustained on sale
of the boat.
(b)Respondents are advised,believe and therefore
aver,however,that the commission should be reduced by such addi-
tional expense as has been or will be incurred by the estate by
reason of these and prior proceedings to review and correct the
accounting.
15
Petitioner's belated claim for credit for additiona
compensation for operating decedent's business is admitted.
Petitioner's claim for credit for the family exemp-
tion is admitted even though ,not made in the Audit Petition.
17 -19
The averments made in Paragraphs 17 -19,inclusive
of the Petition relate to matters which have been fully argued
and are before the Court for disposition and therefore require,i
no answer by the respondent trustees.
WHEREFORE,the respondent trustees pray your Honor-
able Court to:
(a)refuse petitioner's application for leave to
take against the Will;and
(b)allow such credits against the surcharge as
appear to be justified by Paragraphs 14 -16,inclusive,of the
Petition and Answer.
Florence P•.Carberry
Two of the Trustees under the Revocabl~
Life Insurance Trust by Clarence F.
Guthrie
McCREIGHT,MARRINER &McCREIGHT
B)'Oa.-..('m~t/'ir Attore--
,.....,J
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF WASHINGTON )
Before me,the undersigned authority,personally
appeared ARCHIE B.CALLENDER,JR.,and FLORENCE P.CARBERRY,who,
being duly sworn according to law,depose and say that the facts
set forth in the foregoing Answer are true in part upon their
personal knowledge and in part upon their information and belief.
Sworn to and subscribed
before me this afjAiday
Washington,Washington County,Pennsylvania
My Commission Expires ,£luau,,2(,-.J'iZ~
BAR.BARA CRAIG.NOTARY PUBLIC I
WASHJNGTON.WASHINGTON COUNTY
MY CO~ISSrON EXPIRES ;UNE 25 1974
Member,Penn$ylvanlaAssoclation of N~tarie~
"
"-
"
P-/..L l ~F I 176
IN THE dOURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO.84 of 1963,AA
NO.411 of 1970,AA
*******u ***u *u u **
IN RE:
ESTATE OF CLARENCE F.
GUTHRIE,DECEASED
*u u u u u u *u u ~u *u u u u
********u *u u u u u u u
ANSWER TO PETITION FOR LEAVE TO
TAKE AGAINST WILL AND FOR ALLOW-
ANCE OF EXECUTRIX'S COMMISSION
AND SALARY
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McCREIGHT,MARRINER Be MCCREIG~T.'p
ATTORNEYS AT LAW ~
WASHINGTON TRUST BUILDING ~.J)
WASHINGTON,PA""fPy
"0"___._""_.m _mm__._••_••••m <:l
'.
ill THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY"PENNA.
ORPHANS'COURT DNISION
INRE:
Estate of
CLARENCE F.GUTHRIE ~
Deceased.
(('No.411 pf J 970,ti~v·ti~)[0.84 of 1963 AA)
(In the matter of the Restated
)
(First and Final Account of
)
(Lois F.Guthrie,Executrix.
ADJUDICATION AND DECREE
AND NOW~FEBRUARY +,1972,this matter haVing been
heard as set forth in the Adjudication dated October 16,1970,and the balanc
properly for distribution in the hands of the Accountant haVing been determin d
to be $116,094.19,including a surcharge of '$68,914.53,less credits
subsequently allowed as shown below,it is ordered,adjudged and decreed
that the said balance be paid out by the Accountant in accordance with the
Schedule of Distribution hereto attached and made a part hereof,unless
exceptions hereto be filed sec.reg.or an appeal be taken herefrom sec leg.
J.
SCHEDULE OF DISTRIBUTION
Balance per restated account $47,179.66
Deduct Clerk's Costs and Receipts
Add -Surcharge against Executrix
Less -Credits against Surcharge
as follows:
$68,914.53
$12.50
$47,167.16
Lois F.Guthrie -Family Exemption $1,000 ~00
Lois F.Guthrie -Executrix
compensation '$10,700.00
Lois F.Guthrie -Compensation for
operation of business per
Paragraph 9 of Will $18,300.00 38914~53
$86,081.69
Frank A.Conte,Esq.,services and expenses as
guardian ad litem for minor children --
McCreight,Marriner &McCreight,Esqs.,
counsel fees and expenses --'
Rodgers &Roney,Esqs.,additional counsel fees
and expenses j-
Frank C.Carroll,Esq.,counsel fees and
expenses as counsel for adult children--
1250.00
$84,831.69
3730~10
$81,101.59
1695.00
'$79;406.59
250.00
$79,156.59
Lois F.Guthrie,Archie B.Callender,Jr.,and
Florence P.Carberry,Trustees under Revocable
Lifi::;Insurance Trust Agreement dated October 8~
1961,to be held and administered by them as a
part of Fund "B n thereof,as provided by Paragraph
FOURTH of the Last Will and Testament of
Clarence F.Guthrie and by Adjudication of this
Court dated October 16,1970.
(In addition,Executrix shall pay to Trustees as
aforesaid,net income from December 31,1969,
to date of distribution.)79156.59
No balance
..
In the Court of Common Pleas of
Washington County,Pennsylvania
Orphans I Court Division
No.411 of 1970--- ----- -- -- --
In Re:Estate of
CLARENCE F.GUTHRIE,
Deceased.---- - --- - -----
In the matter of the Restated
First and Final Account of
Lois F.Guthrie,Executrix.
f 'j'"
..
,~
....
ADJUDICATION AND DECREE
and
SCHEDULE OF DISTRIBUTION
(Marino,J.>1
b~.
f--{.1p
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::-....ORPHANS'COURT DIVISION
~(COURT OF COMMON PLEAS)
'-<~!~,WASHINGTON,PA.':"~~
'"~\l)c~-(.~~J9-..Jt~.
,",,"J!:================
L..-.-
A~~l ~..j~•;,
,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA...r_",..,,,,,,,~.....
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
CLARENCE F.GUTHRIE,Deceased
)
)No.411 of 1970,A.A.
)
,.,
~
RECEIPT
This will acknowledge receipt from Lois F.Guthrie,
Executrix of the Estate of Clarence F.Guthrie,Deceased,the sum
of Seventy-nine Thousand One''Hundred Fifty-six and 59/100ths Do11ar~
(79,156.59),which money is made payable to Lois F.Guthrie,
Archie B.Callender,Jr.,and Florence P.Carberry,Trustees under
Revacab1e Life Insurance Trust Agreement dated October 8,1961,
to be held and admini.stered by them as a part of Fund 'IB"thereof,
as provided by Paragraph Fourth by the Last Will and Testament
of Clarence F.Guthrie and by Adjudication of the said Court
dated October 16,1970 and said payment is made pursuant to the
Adjudication and Decree and Schedule of Distribution handed down •
by the aforesaid Court on February 9,1972,in the said estate.
(
Lot's F.GuthrJ.e
Florence P.Carberry 1.1
Trustees under Revacable L~fe
Insurance Trust Agreement dated
October 8,1961
RODGERS AND RONEY
ATTORNEVS AT L.AW
63 S.MAIN STREET
WASHINGTON,PA.
Pated:March c,,1972
"
..;.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
1
IN RE:ESTATE OF
CLARENCE F.GUTHRIE,Deceased
)
)No.411 of 1970,A.A.
)
This will acknowledge receipt from Lois F.Guthrie,
Executrix of the Estate of Clarence F.Guthrie,Deceased,the
sum One Thousand Two Hundred Fifty and OO/lOOths Dollars ($1250.00~
which money represents payment due to me for services and expenses
as Guardian ad lidum for minor children in the sUbject estate
pursuant to an Adjudication and Decree and Schedule of Distribution
handed down by the aforesaid Court on February'9,1972,in the
said estate.
RODGERS AND RONEY
ATTORNEYS AT LAW
ea S.MAIN STREET
WASHINGTON.PA.
Pated:MarCh~,1972.
, , 1 ~
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF )1)No.411 of 1970 A.A.
CLARENCE F.GUTHRIE,Deceased )
RECEIPT .
This will acknowledge receipt from Lois F.Guthrie,
Executrix of the Estate of C1arenceF.Guthrie,Deceased,the
sum of Two Hundred Fifty and 00/100ths ($250.00)Dollars,for
counsel fees and expenses as counsel for adult Guthrie children,
pursuant to an Adjudication and Decree and Schedule of Distributio
handed down from the afo~es'aid;Court on Februa~y 9 v 1972,in the
said estate.
F an C.Carro .
Attorney for adult Guthrie children
'1
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON,PA.
Date:March .~-'1972
~I _...
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF )
)No.411 of 1970 A.A.
CLARENCE F.GUTHRIE,Deceased )
RECEIPT
This will acknowledge receipt from Lois F.Guthrie,
Executrix of the Estate of Clarence F.Guthrie,Deceased,the
sum of Three Thousand Seven Hundred Thirty and 10/100ths Dollars
($3,730.10),which money represents counsel fees and expenses
due to me pursuant to an Adjudication and Decree and Schedule of
Distribution handed down by the aforesaid Court on February 9,
1972,in the said estate.
McCREIGHT,MARRINER AND McCREIGHT
•Callender,Jr.
erry,Trustees
Date:March~,1972
RODGERS AND RONEY
ATTORNEYS AT L.AW
G3 S.MAIN STREET
WASHINGTON,PA.
·.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:ESTATE OF
CLARENCE F.GUTHRIE,Deceased.
)
)No.411 of 1970,A.A.
)
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON,PA.
RECEIPT
This will acknowledge receipt from Lois F.Guthrie,
Executrix of the Estate of Clarence F.Guthrie,Deceased,the
sum One Thousand Six Hundred Ninety-five and OO/lOOths ($1,695.00)
Dollars for additional counsel fees and expenses rendered to the
Executrix in the subject estate,pursuant to an Adjudication and
Decree and Schedule of Distribution handed down by the aforesaid
Court on February 9,1972,in the said estate.
RODGERS AND RONEY
By ~---?'-rJ?..
At~s-or L01S F.Gut r1e,
Executrix of the Estate
F.Guthrie,Deceased
NO.
ADMINISTRATION ACCOUNTS
The First and Final Account of ARCHIE B.CALLENDER,JR.
and FLORENCE P.CARBERRY,two of the Trustees under Revocable Life
Insurance Trust Agreement of CLARENCE F.GUTHRIE,now deceased.
SUMMARY
Debits Credits Balance
PRINCIPAL PERSONALTY,
Schedules A and B $130,551.36 $16,000.00 $114,551.36
INCOME PERSONALTY,
Schedules C and D 18,938.08 4,638.16 14,299.92
$149,489.44 $20,638.16 $128,851.28
;
The above balance is in the following form:
1,822.790 shares of Boston Foundation Fund in
kind in Custody Account 0-604-198 in State
Street Bank and Trust Company -at cost
Cash on deposit in Savings Account #897 in
Union National Bank of Pittsburgh
Cash on deposit in Savings Account #13683 in
First Federal Savings and Loan Association
of Washington
Cash on deposit in Savings Account #2369 in
Mt.Lebanon Federal Savings and Loan Association
Cash on deposit in Checking Account in Union
National Bank of Pittsburgh
$22,241.42
85,662.56
12,216.84
7,779.11
951.35
$128,851.28
Note:At Audit,the Court will be requested,inter alia,to determine
attorneys'fees,to apportion court costs and attorneys'fees
between principal and income under Section 11 (2)of the Principal
and Income Act,and to determine the amount and division of
Trustees'compensation.
"'"
SCHEDULE A
PRINCIPAL PERSONALTY,Debits:
1961
Dec.29
1962
Jan.10
Feb.1
Feb.6
Feb.6
Sept.18
1962-1972
1972
March 6
Proceeds of Prudential Life Insurance Company
Policy No.19339207 $10,395.03
Proceeds of Metropolitan Life Insurance Company
Policy No.2516799 2,582.14
Additional proceeds of Metropolitan Life
Insurance Company Policy No.2516799 244.95
Proceeds of Metropolitan Life Insurance Company
Policy No.18226704A 13,677.24
Proceeds of Franklin Life Insurance Company
Policy No.1384254 8,525.23
4020 shares of Federated Investors,Inc.
purchased from Pittsburgh National Bank -
at cost 10,000.00
Capital gains distributions received from
Income Foundation Fund (now Boston Foundation
Fund)attributable,and allonable to principal
under the rule of Brock Estate,420 Pa.454,
per calculations detailed in Exhibit A.
Carrying value of reinvested distributions _
"cost"value of shares 5,970.18
Distribution from Estate of Clarence F.Guthrie,
deceased,per Adjudication and ,Decree dated
February 9,1972 79,156.59
SCHEDULE B
Total $130,551.36
PRINCIPAL PERSONALTY,Credits:
v
1962
Sept.18
1971
Aug.11
1972
Feb.16
Apr.
Pittsburgh National Bank -purchase of 4020
shares of Federated Investors,Inc.
C.Ranson Guthrie -discretionary principal
payment to aid in the purchase of home
Donna G.Drochak -discretionary principal
payment to aid in purchase of home
Beverly G.Hirst -discretionary principal
payment to aid in purchase of home
Total
10,000.00
2,000.00
2,000.00
:2,000.00
$16,000.00
SCHEDULE C
INCOME PERSONALTY,Debits:
1962-1972 Reinvested distributions from Income Foundation
Fund (now Boston Foundation Fund)allocable to
income under the rule of Brock Estate,420 Pa.
454,including "income"distributions and
"capital gain"distribbtions derived from rein-
vested income,per calculations detailed on
Exhibit liB"-"cost"value of shares $
Interest on Savings Account #2369 in Mt.
Lebanon Federal Savings and Loan Association:
6,271.24
1962 1963 1964 1965 1966 1967
$184.99 209.48 217.92 226.73 250.77 278.70
1?68 1969 1970 1971 1972 (through June 30)
291.46 304.80 345.78 372.44 96.04
Total 2,779.11
Interest on Savings Account #13683 in First Federal
Savings &Loan Association of Washington:
1962 1963 1964 1965 1966 1967
$289.60 327.91 341.16 354.•95 392.58 433.82
1968 1969 1970.1971 1972 (through June 30)
'453.57 503.88 556.55 584.90 150.83
Total 4,389.75
Interest on Savings Account #897 in Union Nationq.1
Bank of Pittsburgh:
1962 1963 1964 1965 1966 1967
$29.10 408.80 421.54 425.86 470.32 550.95
1968 1969 1970 1971 1972 (through June 30)
519.02 524.88 586.04 559.15 991.90
1963
Oct.28
Total
U.S.Government -income tax refund
Total
5,487.56
10.42
$18,938.08
1962
Feb.23
Mar.8
1963
Apr.15
1964
Sep.28
1965
Mar.1
1966
Mar.7
1967
Mar.6
1968
Mar.15
1969
Feb.25
1970
Mar.1
1971
Mar.15
1972
Mar
1972
Mar
SCHEDULE D
INCOME PERSONALTY,Credits:
Lois F.Guthrie -college expenses for
Beverly Guthrie
Bethany College -college expenses for
Bever.lY Guthrie
Internal Revenue Service -1962 fiduciary
income tax
Internal Revenue Service -1963 fiduciary
income tax
Internal Revenue Service -1964 fiduciary
income tax
Internal Revenue Service -1965 fiduciary
income tax
Internal Revenue Service -1966 fiduciary
income tax
Internal Revenue Service -1967 fiduciary
income tax
Internal Revenue Service -1968 fiduciary
income tax
Internal Revenue Service -1969 fiduciary
income tax
Internal Revenue Service -1970 fiduciary
income tax
Internal Revenue Service -1971 fiduciary
income tax
Pennsylvania Department of Revenue -1971
Pennsylvania income tax
$300.00
519.30
114.63
217.88
231.59
292.67
222.04
289.94
399.10
433.95
388.91
54.46
3.57
1972
Mar Lois F.Guthrie -reimbursement for college
expenses for Peggy Guthrie
Total
1,170.12
$4,638.16
0,
GUTHRIE TRUST
CAPITAL GAINS DISTRIBUTIONS
OF
INCOME FOUNDATION FUND (NOW BOSTON·FOUNDATION FUND)
BASED ON AND ALLOCATED TO PRINCIPAL UNDER BROCK EST.RULE
Date Gains Distributions Reinvestment Price New Total Shares
Shares i
1962
Dec.20 64:x 4020 she =$241.20 104.416 @ $2.31 4124.416
1963
Mar.20 24:x 4124.416 ::i:82.49 35.403 @ 2.33 4159.819
June 20 24:x 4159.819 =83.20 34.098 @ 2.44 4193.917
Sep.20 14:x 4193.917 =41.94 17.331 @ 2.42 4211.248
-Dec.20 54:x 4211.248 =210.56 89~220 @ 2.3p·4300.468
1964
Mar.20 24:x 4300.468 =86.01 35.395 @ 2.43 4335.863
Dec.21 94:x 4335.863 =390.23 157.988 @ 2.47 4493.851
1965
Mar.19 24:x 4493.851 =89.88 34.837 @ 2.58 4528.688
Dec.20 10.74:,x 4528.688 =484.57 182.356 @ 2.65 4711.544
1966
Mar.18 34:x 4711.544 =141.35 51.400 @ 2.75 4762.944
Mar.31 Reverse stock spli~_1:5 952.589
952.588 476.29 41.273
J j ~I
993.862 " I.Dec.20 504:x =.@ f 11.54
1967
Mar.20 154:x 993.861 =1,49.08 11.747 @ 12.69 1005.609
#
Dec.20 75¢x 1005.608 =754.20 59.292'@ 12.72 '1064.901
1968
Mar.20 10¢x 1064.900 =106.49 8.405 @ 12.67 1073.306
Dec.20 $1.00 x 1073.305 =1073.30 74.951 @ 14.32 1148.257
1969
Mar.20 264:x 1148.256 =298.55 22.515 @ 13.26 1170.772
Dec.15 504:x 1170.771 =585.39 53.121 @ 11.02 1223.893
1970
Mar.20 104:x 1223.892 =122.39 11.656 @ 10.50 1235.549
1971
Dec.20 254:x 1235.548 =308.88 29.671 @ 10.41 1265.212
1972
Mar.20 19.34:x 1265.211 =244.18 21.122
@ 11.56 1286.334
$5,970.18
EXHIBIT "At!
-----------------------,------------------,--,
GUTHRIE TRUST
REINVESTED INCOME DISTRIBUTIONS
OF
INCOME FOUNDATION FUND (NOW BOSTON FOUNDATION FUND)
Shares Distributed Principal =.Income Price Carr in Val e
1962
Dec.20 136.948 sh.104.416 =32.532 @ $2.31 $75.15
J •
1963 "
Mar.20 69.755 35.403 =34.352 @ 2.33 80.04
June 20 50.430 34.098 =16.332 @ 2.44 39.85
Sept.20 51.471 17.331 -34.140 @ 2.42 82.62
Dec.20 126.165 89.220 =36.945 @ 2.36 87.19
1964
Mar.20 53.457 35.395 =18.062 @ 2.43 43.89
June 19 54.564 0 =54.564 @ 2.41 131.50
Sept.21 39.996 0 =39.996 @ 2.53 101.19
Dec.21 184.223 157.988 =26.235 @ 2.47 64.80
1965
Mar.19 54.209 34.837 =19.372 @ 2.58 49.98
June 18 55.486 0 =55.486@ 2.55 141.49
Sep.20 ·,42.694 0 =42.694 @ 2.55 108.87
Dec.20 216.098 182.856 =33.242 @ 2.65 88.09
1966
Mar.18 73.622 51.400 =2~.2~2 @ 2.75 61.11
Mar.31 Reverse stock split 1:5 reduced "income"share
total from 466.174 to 93.236.
June 20 11.907 0 =11.907 @ 12.86 153.12
Sep.20 13.229 0 =13.229 @ 11.71 154.91
Dec.20 50.588 41.273 =9.316 @ 11.54 107.49
1967
Mar.20 21.799 11.747 =10.052 @ 12.69 127.55
June 20 12.854 0 =12.854 @ 13.05 167.75
Sep.20 12.376 0 =12.376 @ 13.71 169.68
Dec.20 73.083 59.292 =13.792 @ 12.72 175.41
TOTAL "INCOME"SHARES FWD 176.762 INCOME FWD $2,211.68
EXHIBIT "B"
(1)
",..;
....
"INCOME"SHARES BRT FWD:176,762 INCOME BRT FWD $2,211'.68
1968
Mar.20 19.275 8.405 =10.870 @ 12.67 141.85
June 20 13.594 0 =13.594 @ 13.61 185.01
Sept.20 13.323 a =13.323 @ 14.04 187.06
Dec.20 94.142 74.951 =19.191 @ 14.32 274.81
1969
Mar.20 37.209 22.515 =14.695 @ 13.26 194.84
June 20 16.822 a =16.822 @ 12.41 208.76
Sep.19 17.754 a =17.754 @ 11.90 211.27
Dec.15 85.376 ...53.121 =32.256 @ 11.02 355.45
1970
Mar.20 37.720 11.656 =26.065 @ 10.50 273.67,
IJune1928.331 '0 :::,28.331 @ •8.76 248.18.,
Sep.18 26.883 0 =26.883 @'.9.40 252.70
Dec.15 26.118 a =26.118 @ 9.84 257.00
1971 ,.'Mar.19 17.335 0 ....17.335 @ 11.24 194.85
June 21 17.050 a i7.050 @ 11·:54 196.76
Sep.20 17.655 a =17.655 @ 11.26 198.80
Dec.20 57.086 29~671 =27.416 @ 10.41 285.39
1972
M"ar.20 36.779 21.122 =15.658 @ 11.56 180.98
June 20 18.678 a ~18.678 @ 11.36 212.18
TOTAL "INCOME"SHARES 536.456 INCOME $6,271.24
EXHIBIT "B"
(2)
J//
. I
STATE OF PENNSYLVANIA,
~ASHINGTON COUNTY,}55:
The within named Accountan1Sbeing duly sworn according to Jaw,depose and say that the above account
as stated is true and correct as :.t.h.e.y.._._.,;verily believe.
-fIv
Sworn and subscribed before me this _.Iq.~.
doy of ~:19.:7..2 .···~:h·················
MY COMMISSION EXPIRES :UNl 25,1974
l!'Iember,PennsylvaniaAssociation ofNotarlGl
Washington County,ss:
"
I do certify that I have given legal notice to all persons
concerned of the filing of 'the within account in the manner
prescribed by Statute and Rule of Court,as evidence by proofs
thereof filed to No.__.~3_-:._1tf.1._:33.1 ._..
Witness my hand and official seal thiS...__U ~.
day _~.-----..--...--...--.-..--...-.---.-.-197~
_~,1?1~-----.--.-..,-I-'-·~egister of Wills
...,~...,~~~@or:LIl g b6~~•oi 0 -~50..~::l CQ z!~<IJ!<:)CB -r 0 r:LI!~H <:)J'g ril P::!,II 0 d <
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r:il '0 8 .:>i:RUI't~·r-I I II'RIt!a ~:~~ril s::::::>1 P::i t'v v f__L 1':lJ.\r 11 ''~:a :iE:i 0-'~ct!0 e5i e5i REGISTER OF WILLS ~~~\S)ril .p •Q:t:!l:.p._~Cf.l ~zj p::!WASHINGTON co.,PA..8 .ci l.«H ,ril,«i 1 bQ:r-::~or-!CI)~:0:or-!,~o ~H ~!!(1):~,0 «,.,HiZII~OJ ~j ~'
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The Court is respectfully requested to determine
proper distribution in this estate.~e?l7~r-
./Counsel for Accountt
v-/
.~
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:FIRST AND FINAL ACCOUNT OF )
TRUSTEES OF LIFE INSURANCE )
TRUST OF CLARENCE F.GUTHRIE,)NO.411 of 1970
DECEASED.)
RESIGNATION OF TRUSTEES AND REQUEST FOR
APPOINTMENT OF SUCCESSOR TRUSTEE
TO THE HONORABLE,THE JUDGES OF SAID COURT:
We,the undersigned Trustees appointed and acting
under the Revocable Life Insurance Trust Agreement executed by
Clarence F.Guthrie,now deceased,and the undersigned on
October 8,1961 do hereby give notice of the irrevocable
resignation of each and all of them as such Trustees.to take
effect upon confirmation of the First and Final Account filed in
their behalf by Archie B.Callender,Jr.and Florence P.Carberry
two of the Trustees,and distribution to the successor Trustee to
be appointed by the Court in accordance with law and in .accordanc~
with the provisions of Article III-L of the Trust Agreement,whic1
provides that:"In the event a Trustee dies,resigns or for any
other reason does not desir~~to act as Trustee under the terms
of this Trust Agreement 9r 'is ~.nable t'o a,ct,cis ..Tr~·s.tee for,any,
I
reason whatsoever under the terms of this T~ust Agreement,the..
vacancy shall be filled by the remaining Trustees.In the event,.~'".,.,
I ,
,',/.the remaining Trustees are unable to agree upon a-successor
Trustee then the successor Trustee shall':oe'~appoihted 9Y the
Judge of the Orphans'Court of Washington,Pennsylvania."
And the undersigned do respectfully request that the
complete vacancy in office created by the resignation of the unde~-
signed be filled by the appointment of ~he Union National Bank of
Pittsburgh as sole successor Trustee and that the undersigned b~
J,
,..
",
then discharged from future liability in accordance with law,the
said Bank having evidenced its willingness to accept appointment
as such sole successor Trustee.
Due notice of the presentation of this request has
been given to all parties in interest as a part of the Audit
Notices.
,~r,c'hi~B~Ca;Llender,Jr.
J ~••'£~~~'p 'a~~v
Florence P.Carberry,.
~dJ'~""
September 13,1972
....
~,f,..,\.,..t·"I
IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO.411 of 1970
* ***** *** * * * * * * * *
IN RE:FIRST AND FINAL ACCOUNT OF
TRUSTEES OF LIFE INSURANCE
TRUST OF CLARENCE F.GUTHRIE
DECEASED.
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* * ****.:...-~~*C-~**':f'*Ii?--:** * *in...t,--"o ...,..,..(---0
RESIGNATION:OF TRUSTEES AND
REQUEST PoB:A:PPOI~MENT OF
SUCCE3£eR2rRUSTEE»(f)<..V•c::»
* * * * * * * * * ***** ***
•
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MCCREIGHT,MARRINER &McCREIGHT
ATTORNEYS AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,PA.
_~~~__~~_~~~_~""L~.'_..~.~
lu tl1~Olultt41 of C!IUl1UltUU tTh\ttS of IUzt511ittnt.~1t Qtnult1!J
®.rpl1uttl1~QIunrt IDiui51Utt
-In the matter of the Audit 0;':Account in
J
Estate"of"CLARENCE F.GUTHRIE -LIFE
INSURANCE TRUST
TO 'l'HE AUDITING JUDGE:
No.411 of 1972
Enter my"appearance for
CARBERRY,the Accountants
ARCHIE B.CALLENDER,JR.and FLORENCE P.
'2l-L~m~+7J1~
T T • --,~---~-------r~C-.'7YJ~_a-d:Y of ~~e~tem~~r .19~
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 concis ely s tat ed in a separate paper.
Council suggesting proper distribution shall file a separate concise state-
Iaent in that regard.
l,~~;--
.--~_..~~._~.~~----------------~---,_.",,-,-~>.--~--"---
Form for Guardian or Trustee
Jrtitinn ~ur AUllit
3Jn mllr ®rpllan!i 9 Olourt of IJu!iqington alounty
Estate of....g.J.:..AB~.N9.~....E..:.....Q.!J.T.H.El~....~....1.1E~........
INSURANCE TRUST
For y.Q.l~E.t QJJ.r.HBJ~"r;.r.!:\.l:!..
minor-incompetent-life tenant
Date of tt;Ist.October 8 1961orguardIanshIp?.
If there have been former accounts
filed in this estate,list:
None
Filed at No ~..~.~of 1~1.~
Fiduciary...~~.9..~.+..~!?.~9..~!1.~.;;~.P.§'B.J .....~3..~..".....E.~9 RENC E
P ~.....9..~~~.~~.~.!.....~.~~~.~.~.~....~.~......qp..~!i~.~~..L ..~.~q~TEES
Place of record
of appointment...
Reason for filing this account.....:r..~.~J.g9.:~.~..~g.~....~.f....!:r..~~.~.~.~.~....~ng.....~p..p.9..~n~.~.~.~.t ...9..f.....~~..9..9..~.§.!?9..r......
Trustee
All persons having any interest,vested or contingent (including claimants),in the fund now before the Court,
with the nature of their interests are:
Archie B.Callender,Jr.,and Florence P.Carberry -Trustee Compensation
McCreight,Marriner &McCreight -Attorneys'fees and costs -$1,422.50
Lois F.Guthrie,widow of donor -Trustee compensation and as claimant
under Article I,B,l of Trust Agreement
Mrs.Donna Drochak,child of donor -Claimant of $188.80 to pay medical
bills under Article I,B,l of Trust
Agreement
All of said parties have received notice as required by the Court Rules except as follows:
No exceptions.Copy of Notice is attached.
The fund now before the Court is subject to the following taxes:
None.
Set forth any legal problems requiring adjudication by the Court or difficulties that must be met in distribution:
1.Determination of attorney fees.
2.Apportionment of Court costs and attorneys'fees between principal and
income under Section 8111(b)of the Probate,Estates and Fiduciaries Code.
3.Determination of amount and division of Trustees'compensation among the
Trustees.
4.Allowance or refusal of claim of Donna Drochak,attached.
5..Allowance'or refusal of the"'cl"a1ms of'Lo'1s F.Guthr"ie"attached.
6.'Acceptance of re~ignation of the Trustees and appointment of successor
Trustee.
Total
$946.83
$152.71
$'97.24
Principal $~.!.~..~..?.2.~.~J.~..
Income $J..~.,J,.?.9..9..~.9..?.
128,851.28
Balance for distribution per account,
Additional debits not shown in account:
(Indicate whether income or principal)
Union National Bank -additional interest
to September 1,1972,on Savings Account
#897 (income)
First Federal Savings and Loan-interest
June 30,1972,on Savings Account #13683 (income)
Mt~.Lebanon Federal Savings and Loan-interest
June 30,1972,.,on Savings Account #2369 (income)
Total additional debits $...J.?..196·~7?'..............................................
Additional credits not shown in account:
(Indicate whether income or principal)
Robert E.Guthrie -discretionary principal payment to aid in
purchase of home $2,000.00
Total additional credits $?~.9..Q.Q..~..Q..Q .
Balance for distribution Principal $.1.l.?..~.5..5.1..~.3.9..
Income $15.."';~.9..q.~.1.9 ..
Total $..J..;g~§..~.QJ.l.'§:!.;g.:§;..
22,241.42
If the balance for distribution is not in cash,list items held in kind with carrying value designated,and if this is
a distribution account,file elections to take in kind for all items so listed:
1,822.790 shares of Boston Foundation Fund in kind
in Custody Account 0-604-198 in State Street Bank
and Trust Company -at cost
Cash on deposit in savings and checkitig ~Ccounts
in name of the Trust
I J 1;•.-:
105,.8.06..69
:$:1t28"0.48 .•.0.6
"
~
Set forth accountants suggestion as to manner and form of distribution to be made,awards to be stated in pro-
portions unless specific amounts or items are designated by instrument under which estate is being distributed:
(1)Trust Administration Expenses
McCreight,Marriner &McCreight -filing and notary fees advanced
McCreight,Marriner &McCreight -attorney's fees in an amount to
be determined by the Court
Archie B.Callender,Jr.-Trustee Compensation
Florence P.Carberry -Trustee Compensation
Lois F.Guthrie -Trustee Compensation
(2)Distribution
Lois F.Guthrie -such claims as are allowed by the Court.
Donna Drochak -Claim,if allowed by the Court
$22.50
The Union National Bank of Pittsburgh -balance of principal and income
to hold and administer as successor Trustee.
The accounting Trustees will present to the Court specific
suggestions for determination 'of the questions of allowance and apportion-
ment presented herein.
COUNTY OF.WASHINGTON,
COMMONWEALTH OF PENNSYLVANIA,
The above named Fiduciary or representative thereof,
being duly s.w.ar.n doth depose and say that the
facts set forth in the foregoing petition are true to the
best of..t.h~.lr.knowledge and belief.
SWORN .....................................to and subscrIbed before me
......·~·~.P.~·~~9.·7·........19~.?...
Si~nature OfOffice~~~ar;·~U~l1C ~..
TItle of OffIcer ,..
Office expires J..JJn~Z.5."1.9..7.!J..
BARBARA CRAIG.NOTARY PUBLIC
WASHINGTON,WASHINGTON COUNTY
MY COMMISSION EXPIRES JUNl 25.1974
Member,PennsylvaniaAssociation ofNotaries
And your petitioner will ever pray,etc.
..4~.rJjfJzq~~lj-=_
Jf..~~"c~u..i?p:~...._
IJ;BTt,tifl\;:~~.~lr J\ullitrf"'_fUll TiHt,
ORPW~INSJ pCOlJRT
OF WASHINGTON COUNTY
FORM USED F~SGUAJHn:rAN~lNl¢OMPETENTS
RE-eq>.!}rEl}Pt~~~1 LLS
WASHINGTON CO.•PA.
No AJ.l of 19~.7.?..
TE~![.ST CLARENCKF:F.GUTHRIE -ATE OF .
Deceased...................................................................................................................................
FOR.L.Q.I.S.F..~9.P.:r.J:UI!~..1 ~.r.A.~.
minor-incompetent-life tenant
Audit of First and Final Account
of A~.~.~.~.~~.~g.?:.~..~.~.~~.~.~.:!~.!...~~.!1d
Fl~reKQe~Rt~e.rberry,two of the
Trustees
Counsel for the accountant shall submit herewith the
following,if pertinent:
1.Will or trust instrument-attested.
2.Inventory.
S.Signed elections of items to be taken in kind-
if distribution account.
4.Stipulation or certificate by minor approving
account.
5.Praecipe for those represented.
6.Brief-for any question of law raised.
Mc 9.F.~..~g.~~...~......~.~~.~.~.~.~F ..,..~......~.~9.~~.~.~~.~......
Counsel for accountant..
~:
LAW OFFICES
FRANK A.CONTE
ASSOCIATE
DAVID L.GILMORE
50 WEST WHEELING STREET
WASHINGTON.PENNSYLVANIA
15301
AREA CODE 412
TELEPHONE 225·3800
May 24,1973
Estate of Clarence F.Guthrie,Deceased
FOR PROFESSIONAL SERVICES RENDERED
Examination of Revised Account and Petition Sur Audit~
and Attendance at Supplemental Hearing ..$125.00
J
IN THE COURT OF COMMON PLEAS OF WASHThfGTON COUNTY,PENNP..
ORPHANS I COURT DIVISION
CLARENCE F.GUTHRIE,
Wednesday,September 13,1972,at 10:00 A.M.,E:CST
---
No.411 of 1970
(
)
(
)
(
)
(
HEARING ON AUDIT
::;r;:-">;:;'~
(l)QC:.r::-(f)
The Ho'norable RICHARD DiSAL~s;;,
Specially Presiding.~r;g t::~~r"'("I
(~'f f'.~
~(.=t ~-~.;,.
.ff_""'~.I ~~...,g :!f.;.;:::r.;r:::::;-v
McCREIGHT,MARRINER &M~~HnHT,Esqs.,
of Washington,Pa.,representing the Acco~tants..
.\
Estate of
IN RE:
..:u~APPEARANCES:
o
.J~
~o
::J.,
:t~TIME:
~Deceased.
z.;
.)<
IIIZ
ZIII0.
io~BEFORE:z
J:III~~
,'Ii•
are Lois F.Guthrie,Archie B.Callender,Jr.and Florence P.
Carberry,and the attorneys are McCreight,Marriner &McCreigU.
Petition with the necessary exhibits.This estate does have problerls.
(;'
.~
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•
uiII:IIII-0:~THE COURT:III
0:
I-0:::JoU
.J«
uii:I.l.
o JAMES McCREIGHT:
The estate of Clarence F.Guthrie.The truste s
May it please the Court,we submit the Audit
This is the First and Final Account 'vhich is filed by two of the thr e
trustees under a revocable life insurance trust agreement es tablis ed
by Mr.Guthrie,now deceas ed,during his lifetime.The purpose f
filing the account was to enable the three trustees to resign and to
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permit the appointment of a successor trustee bank,because of dis(:>utes
that have arisen do'vn through the years among the three trustees.
There are numerous questions for the Court's
decision:a determination of counsel fees,and for that purpose we
have submitted our statement 'Nith calculations of time;the
apportionment of Court cos ts and attorney's fees;the determ inatior
of the amount and the division of the trustees I compensation.A
claim has been filed and a copy of it in ""riting on behalf of one
of the children,Donna Drochak,who is claiming for emergency
medical expenses under a provision of the trust.Numerous claim~
have been filed by Lois F.Guthrie,represented by Mr.Roney
and Mr.Rodgers.She was the widow of the decedent,was the thir
trustee and has filed claims which may be summarized as being
claims for the entire net income of the trust during the entire
period of the trust,'vhich is now ten years,for all expenses which h
has incurred,and they are itemized in the claim in support of
the children for a share of the trustees I compensation and under a
purported assignment of the residue of a portion of the estate of
Clarence Guthrie made by three of the adult children.
I.might add,Your Honor,that as Judge Marino
knows very well,the estate of Clarence Guthrie was in litigation
from 1964 until 1972.And some of thes e claims are carried over
from the litigation of the estate.
THE COURT:I hope this isn't another John Gargis .
MR.McCREIGHT:We thought of changing the caption,Your Honor
3
But the accounting trustees 'Nould like leave to pres ent to the Cour
!.specific suggestions for"the determination of the questions of
allowance of claims and the apportionment problems.And one of
the.bNO trustees is unfortunately out of to'Vll and was unable to sign
and obtain her signature 'vhen she returns from vacation and submi
that to the Court at that time.
the resignation of.the trustees.0(
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And 've ask leave to pull that out
That will be granted.
Notice of this audit has been given to all parties
Vve have.And the original is enclosed among th
,;ua:in interest.-We received the claim of Mrs.Guthrie only very
I-!!!c~recently and have hot qeen able to study it fully.
u~THE COURT:You have received a copy of this notice of claim?
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papers.But at present,the attitude of the two accounting trustees,
I think it would be fair ly stated to say that the claims filed by Mrs.
Guthrie are not admitted for reasons that will be stated to the Com t
at such later time as may be set.
One more matter.The copy of the trust instrunent
which is enclosed in the papers is a barely legible copy.We are
attempting to obtain a better copy from Mr.Roney.
THE COURT:Is there anyone here interested in the estate of
Clarence F.Guthrie?
(NO RESPONSE)
THE COURT:
4
Except for thos e matters mentioned by Mr.Me reight
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'Nhich a hearing date will be set,the audit 'vill be closed.
(A UDIT CLOSED)
I hereby certify that the proceedings and evidence
are contained fully and accurately in the notes taken by me on the hearin
of the above cause,and that this copy is a correct transcript of the same
The foregoing reco:r;d of the proceedings upon the
hearing of the above cause is hereby approved and directed to be filed.
,.:'i'
'J IN.THE COURT.DF.COMMON P,LEAS OF,WASHINGTOW COUNTY,PENNSYLVANIA
•I'/-?,,-','-.ORPHANS~l~COURT -DIVISION ;.,,I ,.;__--'---'-----'----'--'----'---'_
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In Re:
".
Estate 'of;
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Clarence ,F.·Guth:t:'ie ....-#·),f No.411 of 1970•~.!...-I );.I
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L~fe Insurance Trust )
"
HEARING ON SUPPLEMENT·TO PETITION
SUR AUDIT
,BEFORE :
APPEARjillCES:
TIME:
I )
THE HONORABLE RICHARD DI SALLE,
Specially·Presiding.
James McCreight,Esq.,of
Washington,Pa~,representing
Archie B.Callender,'Jf.and
Mrs.Florence P.Carberry.
Frank Roney,Esq.,of Canonsburg,
Pa.,representing Mrs.Lois F.
Guthrie.'
Frank Conte,Esq.,of Washington,
Pa.,representing Penny Lou
Guthrie.
Monday,May 21,1973 at 3:30 p.m.,
D.S.T.
~~~~~~~------..----------------~~~~~-
THE COURT:Let the record
show that James C.MCCreight,Esq.,attorney for Archie B.
•
Callender,Jr.,and Florence P.Carberry,Trustees,being twc
of the three trustees of the Clarence F.'Guthrie Life Insurance
Trust Estate filed a Supplement to Petition"Sur Audit and that
i the Court fixed this date as hearing'thereon.We have
~>..J~present in Court at this time Attorney JamesC.McCreight,
'zz~representing the two trustees referred to,Attorney Frank
The
He is not here at the
~.pen~y Lou Guthrie,as guardlan ad litem.
•~"...A I"!'understands 'Attorney Frank Carroll represents the
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adult children of th,~decedent.
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present time :and a ~opy'~f the record.of this proceeding will
i'0~Roney,representing Lois F.Guthrie,the widow of the decedent,
z .~.who was also ex~cutrix of the decedent's estate and who is also
,..~'~•~I ~•J '~l .t •..~Po ,,<I~•f',•~/•.J ~".'.'.t".',','t ,...'j ,+'f.(1 ..._'r r 'r j ",t-r,'"'11I"•.:'the thir'd trustee,and Attorney,Frank'Conte,"representing
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irti minor child
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8 MR.'MC CREIGHT:May it please
oJ~~the Court,supplementing the Supplement to Petition Sur Audit,
II.o
I.hand,to t1~e Court a supplement to Exhibits A and B of the
first and final account of the trustees in order to bring the
apportionment of principal and income to date.
I also hand
to the Court a letter by Archie B.Callender to the Court
under date of september 8,1972 relating to the division of
')
tru~teefees as well as a copy of a\statement of Richard A.
• ,I '.*''\1..",' •".1
Gwennap,C.P,~A.'for $'~O.00 fqr the .preparat.ion of federal
I"L..to...~.4;01 •~t ~...
and state fiduciary returns,which bill is unpaid but is
admitted to b~payabl~,as well as a copy of the statement of
t ••~.,
our office dated May 21,1973~for services to and including
t t r -'..",
this date,si.nce,lthe .date ,of our last billing.
We have tried
to outline for the Court all of the outstanding problems
in the Supplement to petition Sur Audit and I would now
propose to the 'Court the following disposition of those
problems,in accordance with a discussion which has been had
between Mr.Roney and myself.First,we would recommend
to the Court that the problem of apportionment of principal
and income received by the trust from the Guthrie Estate and
referred to on pages 2 thru 5 of the Supplement to Petition
Sur Audit,be re,solved along the lines suggested on pageS
of the supplement,that is,that $52;309.25 of the distributic~
from the Guthrie estate to the trust be designated as
principal and $26,847.34 of the distribution be treated as
income.and that the Court make that apportionment in the
adjudication and decree upon the first and final account filet
by the trustees.
THE COURT:
you have'any objection to that.
MR.RONEY:
Mr.Roney,do
There is no
--------u--------------------------------------
4.
Mr.Conte?
I have no
objection on my part.
THE COURT:
MR.CONTE:
objection Your Honor.
MR .MC CREIGHT:
~z~Second,Your
.J>-~Honor,with the approval of Mr.Callender and Mrs.'Carberry,z1&1II,
to such
To date,and
That's to date.
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to Mrs.Guthrie.
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Court...,that":the'·~dcrued iincome';f·rom ,·the .trust'~s~bject
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the Court may allocate again~t 'income,be
MR.MC CREIGHT:
THE COURT :
..:2 distributed
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z ,-which approval J;:hope to be able ,to.submit in writing to the
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~expenses as
The Court plea~e,
That's
That's acceptal:Ie.
MR.Me CREIGHT:
agreeable .
MR.CONTE:
MR.RONEY:
be left to the Successor Trustee.
the matter of distribution of the income in'the future wouldviItIIIl-ll:oII,1&1a::
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·werecommend third that Mrs.Guthrie file through her attorne\,
the withdrawal of all but one of the claims which she has
made against prin'cipal for the expenses of raising and
educating her children and that the claim for tuition expense::
----------.r------------------------------------------.---
5.
to date,which is the second in the ciaims filed on behalf
of Mrs.Guthrie be pa,id for the benefit of peggy Guthrie,and
that the total amount is $2114.08.
THE COURT:That I S in
MR.RONEY:Penn state in
the spring of 1972 -and West Liberty in the fall of 1972.
i"~She transferred.
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in which the tuition expenses have been handled,to'the'-e:ktent
they have_~'15eehpaid out of the trust estate in the past,that
I
And you will
Yes,that is
M.r.Roney,do
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THE COURT:
correct.
,.
ill .~'10ontheconditionssuggestedbyMr.McCreight?
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MR.RONEY:
these be treated as expenses a~ainstincome.
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you agree to have Mrs.Guthrie withdraw the claims referred tc
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..:~recommend in that connection that in a~cordance'with the way
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do that?
MR.RONEY:Yes,I will.
THE COURT:Is there any
--------------------------------c-----,------,
6.
objection to thbse provisions ..1
~bje~tion M~.Co~te?
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'MR.CONTE:
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MR.MC CREIGHT:
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I have no
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Z suggestion and'prbpo's'al
~oJ~Mrs.Guthrie file through her attorney,the written withdrawal
zz~of her 9th claim in its entirety.This is the claim that
io~makes reference to a proper assignment by the adult children
z
:J:='to Mrs.Guthrie,of an alleged interest in the proceeds of the
~t sale of the trucking business.
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~recommendation to Mrs.Guthrie,to withdraw her claim No.9
:J.,
~on the notice of claims which she had heretofore filed in this,...
t't
that is set forth under 6 (3)on pages 9,lO",ahd 11 of the
THE COURT:
Your Honor.
MR.MC CREIGHT:That's correct
That's the clain
supplemental petition.
qj estate.
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MR.CONTE:I have no
objection to that privision and I take it Mr.Roney has none.
MR.RONEY:No,I stated
7.
I would make that recommendation to Mrs.Guthrie.
recommendation,with which I will seek concurrence by Mr.
Callender and Mrs.Carberry,and I'm presently assured they
will concur,that the compensatfonof the trustees be divided•
MR.MC CREIGHT:It is my
Y~s,I have.
Have you seen
I have no
MR.RONEY:
the calculatlons?
THE COURT:
objection.
value and I would respectfully recommend that those figures
MR.RONEY:
value calculated annually.'Further,for the'"convenience~.•~,".t !
of the Court,I h~ve prepared a calculation of annual ma~k~t
be used in maki~g the calculation.
.(
z~'equally among the three trustees and that that compensation
..I>-~:be ,calculated in..,accordance 'with th~trust agreemen~as
1&1 ~~I J~.t'.
,i follows::5 pe~,'cent lqf /income",annually ,~o .b,e charged against
.~.'..~,.\I.",\.;".":._,,/'•,.\,J~•-"•••.•:f""'~~"'!/.
~income and a reasonable fee based upon market value 'of%~_.
='~principal annua:lly,i also to be charged against income and that
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•.1''f "that reasonab.,:l:-~fee'·'would'beo1ne-fourth of 1 per cent of marke ~~uli1.,..
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THE COURT:And do you
agree they are ,correct?
MR.:RONEY:Yes'.
------1I""'""-----------------------------~~-......J
8.:=======~~====================================F===I
MR.CONTE:I have no
objection to those calcul,ations or to the proposal,Your,
Honor.
MR.MC CREIGHT:There is a
claim,Your Honor,filed by Donna Guthrie Drochak,one of the
amount of $188~80 to pay certain medical bills incurred
adult children of Mrs.Guthrie,filed to the audit,in the
suggestion that with the knowledge that ,Mrs.Guthrie,one of
I do not represent Mrs.Drochak.
,It would be myMr.Carroll probably represents her.
several months ago.
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There is one
We recommend to the Court that
•
•
~the,trustees,ve;y strongly oPI??S~S this payment and that
1-''I 'S,Mis ~.Guthrie is withdrawing c~~~.~s'fO,r rei~ursement for
4..1 ','.'J f .~'.~lC4).....-."io,".,..~,,,~,,'-~,similar roedi'cal expenses which she incurredc
'for other children,o:l...~that this claim with Mr.Carroll"sconcurrence,be passed
l'w ,
iii over for the 'p'rese~t-'accountingand referred over to the
ll:IIIIt successor trustee,to'dispose of"2 ,....,~~
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:l8 other matter,Your Honor•
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ij the administration expenses relating to the trust to theii:lI.o present ,accounting,except for trustee compensation,be
apportioned between principal and income and we would call
the attention of the Court to the following unpaid expenses:
Mr.Gwennap's bill,a copy of which has been submitted to the
Court and counsel,in the amount of $80.00;two bills which
have been submitted for the approval of the Court on the part
I
-------------------------------
----------.._-
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of \.pu:r;-.o:!=f~ce"the first'dated.septenilier 11,.1~72covering, . , • ,r.,.l .T"•....,.-;,,'\'•tt'·..,_t;,•.".'~~'.I f ~'~L:.'..~f
serVices'on 'behalf of·the trust from its beginning to and
including the appearance at audit in September of 1972 and
...'.~I f
..~~.._~I 4the'second,a bil~,which,lwelhave handed the Court today
covering.servi~~p "~frpm -that date'to and including services
,",-''.,'
today.I would recommend of course that these bills be
paid.They are based,in,general,upon rather 'strict time
keeping and at the rate of $35.00 per hour.
THE COURT:
amount of your bilr up to September 11,1972?
MR.MC CREIGHT:
What is ,the
For services,
$1400.00.For costs advanced,$20.00 and $2.50 and the one
today includes services and the payment of the fiduciary
income tax returns for 1972 because it was easier for us to
pay -them that day than to try to get the money out of the
trust.
THE COURT:
total?
MR.MC CREIGHT:
THE COURT:
Mr.Roney?
MR.RONEY:
MR.CONTE:
That's$623.71
Yes.
Any objection
No objection.
I have no
__-----.J~~~J
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obj,ection.
MR.MC CREIGHT:'I would suggest
that the attorneYI's fees and any other administration expenses
except the trustee compensation be allocated between principal
and income in the proportion in which ,they exist in the final
With
I have no
In that
with respect
In the original petition sur audit,there
MR.MC CREIGHT:
Roney to submit statements for services rendered with suggestions
as to how they should be allocated•
objection to that.
connection,we would-direct Mr.Conte,Mr.Carroll and Mr.
THE COURT:
clients and·;i.:t 'would appear 'to;'methattheir fees should be_.,"t I,t .;"~~.
charged out of income and they could probably deal with their
own clients about that.
~
~balance.>oJ>-III 'Z ,
~--'.'.(..a.(.,-(,r-",f','to -att"orneys_'.fees'for o'ther counsel,.If.'do'feel that ~ttorneys'~~~"'-I 'o\'".r '(•'•l",•~f*!,ll'",",.-t ~"+"-~',..,..'~.:_'"'"~fees should be pa;i.d'out of the trust estate to 'Frank Conte
~.,-,~,
;because he is ~'g~~rdian ad ~item,Court appointed.
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respect to Frank 'R~riey "and Frank Carroll,they represent adult..:20:..IIIQ-..I<U
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is a request for a Successor Trustee and I think I can state
,-that all of the trustees are in agreement on that matter.
MR.RONEY:That's correct.
MR.MC CREIGHT:And Union
,• I •
National Bank of Pittsburgh has evidericed,in a letter filed
with the Court,its'willingness to act as Successor-Trustee.
11
•MR.RONEY:
MR.CONTE:
I agree .
I have no
• I
"
~objection to the trust successor .
<>oJ>VI~THE COURT :All right.We
IIIII.
. i will ask counsel to submitthecalculations which have beenoI-~referred to today to assist the Court in making the appropriatExIII~distribution.
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cause and that this copy is a correct transcript of the same.
certify that the proceedings and evidence are contained fu±ly
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filed.
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is hereby approved and directe
and accurately in 'the notes taken by me on the hearing of the bove
The foregoing
record of the proceedings upon the hearing'of the above cause
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In the matterof the;__F_i_r_s_t_a_n_d_F_in_a_l__
O!nurt nf O!nmmnu 'ltus nf lIus4iugtnu O!nuuty,
'tuusylnuuiu,(@rp4uus'O!nurt;}!inislnu4-~1 .....--U /970
oo--!f-Q-4.11No._ESTATE OF
Clarence F.Guthrie,
Deceased.Account of Lois F.Guthrie,Archie B.
Callender,Jr.,and Florence P.Carberry,
Trustees.
ADJUDICATION AND DECREE
And now June Z ~,19.:J..l.,this matter came on for hearing,
audit and distribution at this session and testimony taken;and thereupon,upon due consideration
ther~of of the balance for distribution in the hands of the Accountant is determined to be
$1;)1,761.44 and the account is accordingly confirmed;and it is ordered,
adjudged and decreed that the said balance be paid out by the Accountant in accordance with the
schedule of disribution hereto attached and made part hereof,unless exceptions hereto be filed
sec.reg.or an appeal be taken herefrom sec.leg.
"
SCHEDULE OF DISTRIBUTION
Principal
Income
Balance per account__....;,.a....;,.d.....j u=s~t:....:e....;,.d'-t:....:o_A---""p.;;;.r.;;;.il~,=:_=.1......,-=1:....:9-=-7_=.3 _
$85,999.88)
45,761.56)
$131,761.44
Balance,-.,...-_$131,761.44
Deduct Clerk's Costs &Receipt,,-s _
Attorney M=..;c:....:C~r~e:....:i:...;Jg..:..:h;.;:..t,L....=cM=a=r::....;r:....:i=n:..:;e.;;;.r-'&~M=c_=C...::.r...:::e_=.ig:;c;h=t"-----
Russell Marino,ClerkO.C.,
Filing fees $10.00
Audit costs 96.00 $
R.A.Gwennap,C.P.A.
McCreight,Marriner &McCreight,Esqs.,
Frank A.Conte,Esq.,
Frank C.Roney,Esq.,
Frank C.Carroll,Esq.,
106.00
80.00
2,046.21
125.00
1,000.00
500.00 3857.2
(Above items apportioned 65.27%to Principal or
$2517.60 and 34.73%to Income or $1339.61.)
$127,904.23
Lois F.Guthrie -1/3 Trustee
compensation,
Florence P.Carberry -1/3 Trustee
compensation,
Archie B.Callender,Jr.,-1/3 Trustee
compensation,
Lois F.Guthrie -Tuition expense claim,
Lois F.Guthrie -balance of income,
including distribution in kind of shares of
Boston Foundation Fund allocated to Income
in accordance with the apportionment
contained in the Account and Audit Petition
as supplemented,
(Above items payable from Income)
756.09
756.09
756.09
2,114.08
40,039.60 44421.95
$83,482.28
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The Union National Bank of Pittsburgh,Successor
Trustee,balance of Principal,including distribution
in kind of shares of Boston Foundation Fund allocatedi
I to Principal in accordance with the apportionmentI
I contained in the Account and Audit Petition as
supplemented,83482.2E
No balance
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",..-
POST OFFICE BOX No.837
PITTSBURGH,PA.15230
J
GEORGE K.LEITCH
VICE PRESIDENT September 18,1972
James B.McCreighij Esq.
Washington Trust Building
Washington,Pennsylvania 15301
Re:Clarence F.Guthrie
Dear Mr •McCreight:
We have been made aware of the decision of the three
Trustees under the Life Insurance Trust of Clarence F.Guthrie,
now deceased,to resign and that they are requesting The Union
National Bank of Pittsburgh to act as Trustee in their stead.
May we hereby advise that upon their resignation and confirmation
of their account by your local Court of Common Pleas,we shall be
willing to accept that responsibility.
~Y~~
George ~eitch
Vice President
GKL:eb
-----_._---------------------------,
M£CREIGHT,MARRINER 0.M£CREIGHT
ATTORNEYS AT LAW
520 WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA 15301
JOHN B.Mc;CREIGHT
STEPHEN O.MARRINER
JAMES C.M~CREIGHT
CLARENCE A,CRUMRINE
STEPHEN D.MARRINER/JR.
September 19,1972
Orphans'Court
County Court House
Washington,Pa.15301
ATTENTION:Mr.John Hana
AREA CODE412
PHONE 225-6600
IN RE:Life Insurance Trust of
Clarence F.Guthrie
No.411 of 1972
Dear John:
The enclosed letter from George K.Leitch,
Vice President of the Union National Bank of Pittsburgh,
should be added to the Audit papers as evidence of the
willingness of Union National Bank of Pittsburgh to
accept as Successor Trustee.
Yours very truly,
McCREIGHT,MARRINER &McCREIGHT
BY
JCM:mb
-Enclosure-
-------------------------------.
LAW OFFICES
FRANK C.CARROLL
WASHINGTON,PENNSYLVANIA
15301
ASSOCIATE
ROGER J.GAYDOS
33 WEST BEAU STREET
May 30,1973
Jay W.Troutman,Esquire
Washington Trust Building
Washington,PA 15301
AREA CODE 412
225-9930
RE:Estate of Clarence F.Guthrie,Deceased
No.411 of 1970 A. A.
FOR PROFESSIONAL SERVICES RENDERED:
Representation of adult children.•...•$500.00
o
NOTE:This bill to be pro~ated between principal
and income on percentage suggested b¥y
JamesC.McCreight,Esquire.
FRANK C.RONEY
ATTORNEY·AT·LAW
LAW AND FINANCE BUILDING
J
IS NORTH CENTRAL AVENUE
CANONSBURG.PENNSYLVANIA 15317
~1ay 29,1973
M~.Jay T~outman,Esq.
O~phan~Cou~t Division
Cou~t of Common Pleas of
Washington County,Pennsylvania
Cou~t House
Washington,Pennsylvania 15301
In Re:Estate of Cla~ence F.Guth~ie
Life Insu~ance T~ust
No.411of1970
STATEMENT
~OR LEGAL SERVICES RENDERED:
Note:
TELEPHONES:
CANONSBURG 74~6990
WASHINGTON 22S.8771
$1,000.00
The:above fee is to be payable f~om p~incipal
and .income calculated on the fol lowing pe~cen
tagebasis:
65.27%out of P~incipal
34.73%out of Income on the fo~egoing basis:
$652.70 of the said fee wi I I be payable out of
p~incipal
347.30 of the said fee wi I I be payable out of
Income.
.:
't
..'~.'~"vt.'
FRANK C.RONEY
ATTORNEY·AT·LAW
LAW AND FINANCE BUILDING
IS NORTH CENTRAL AVENUE
CANONSBURG,PENNSYLVANIA 15317
June 14,1973
Mr.Jay \V .'Tro~tman,Aud it Clerk
The Orpha~s'C6urt of Washington County
Division of Common Pleas Court
Washington,Pennsylvanra 15301
TELEPHONES:
CANONSBURG 745.6990
WASHINGTON 225.6771
fn f~e:.>:
Estate of Clarence F.Guthrie
Life Insurance Trust
No.41 I of 1970,A.A.
Dear Mr.Troutman:
As Attorney for lois F.Guthrie,the widow of the decedent
in the above-captioned estate,I hereby withdraw the following
claims which Mrs~Guthrie heretofore made in her Notice Of Claims
to James C.McCreight,Attorney for Archie B.Cal lender,Jr.and
Florence P.Carberry,two of the trustees under Revocable Life
Insurance,Trust Agreement of Clarence F.Guthr ie,deceased,dated
October 8,1961,against principal for the expenses of raising
and educating her chi Idren etc.which claims are more fully set
forth in the fol lowing pae§graphs of her Notice Of Claims:third,
fourth,fifth,sixth,seventh and eight.
Furthermore I hereby withdraw Mrs.Guthrie's claim for
assignment of the interests of certain of her adult chi Idren which
is more fully set forth in paragraph nine of her said Notice Of
Claims.
I had discussed this matter with Mr.McCreight this morning
and he stated that my withdrawal of my cl ient's said claims would
be sat isfactory to him.I had informed Mr.IlilcCre i ght that my c I ient
was on vacation and would be gone for several weeks and that we
could expedite the matter by my withdrawing her claims.
I urge you to accept this letter as Mrs.Guthrie's withdrawal
of the above-noted claims and I urge that an adjudication be handed
down in the manner as suggested by Attorney McCreight and as agreed
..~.....'.......,
,'.~
..~r ."'"••
I·'r.Jay \'1.Troutman,Audit Clerk
In Re:Estate of Clarence F.Guthrie
Page 2:
to by other counsel who attended the hearing before Judge DiSal Ie
on May 21,1973,and who have approved the Supplemental Accounting
and Suggested Distribution.
Fj~ANK C.RONEY
FCR :br
cci:Mr."James C.McCreight,Esq.
Mr.F~ank Conte,Esq.
Mr.Frank Carrol I,Esq.
Mrs.Lois F.Guthrie
M gCREIG HT,MARRIN ER ~M~CREIGH T
ATTORNEYS AT LAW
\520 WASHINGTON TR'UST BUILDING
.:N~SHINGTON,PEN NS"YLVANIA 15301
J
.JOHN e.M~CRE1GHT
STEPHEN D.MARRINER
.JAMES-c~Me;CRE1GHT
CLARENCE A.CRUMRINE
STEPHEN'O.MARRINER,,JR.
June 11,1973
The Honorable Paul A.Simmons
County Court House
Washington,Pennsylvania 15301
Dear Judge"Simmons:
AREA eooE 412 "
PHONE 225-6600
In response to your inquiry of June 5,1973 I have
reviewed the files of this office which I am handling and
find that the following matters are presently pending before
the Orphans'Court:
ESTATE OF ADA M.CLARKE
No.63-70-517
This decedent's estate is before the ~ourt 6nE~ceptions
filed by David L.Gilmore,Esquire,Guardian Ad Litem for
Richard Evan Clarke,Margot Nease Clarke,Jean Marie Clarke,
and Claudine Clarke Bernier on March 3,1972 to an Opinion
filed by Judge Marino on February 23,1972.The issue is
whether'the gift of the residue in Trust made in paragraph
THIRD of decedent's Will was a class gift or a gift to named
individuals.Mellon Bank,NA,Executor and Trustee,is re-
presented by McCreight,Marriner &McCreight.The grandchildren
named in the Will are represented by David L.Gilmore,Esquire.
Two grandchildren born after the death of the testatrix--
to-wit,Richard C.Clarke II and Robert Hughes Clarke--are re-
presented by Ross Armbruster,Esquire,206 State Street,Alto~,
Illinois.
The Exceptions filed by Mr.Gilmore have not yet been
argued.
A subsidiary question which remains open arises as a result
of a Petition for Attorneys Fees filed by Mr.Armbruster,to which
an Answer was filed on behalf of the Executor and Trustee by the
"undersigned.There have been no hearings,Arguments or Briefs
with respect to this Petition and Answer.
·~HT.MARRINER &M~CREIGHT
The Honorable Paul A.Simmons
June 11,1973
Page Two
~STATE OF RUTH C~JONES
<No.63~7l-554
This decedent's estate has pending a claim presented at
the Audit of the First and Final Account,which claim was to
be the subject of Briefs and Argument and,if necessary,·a
hearing.The Briefs have been filed,but the matter never
went forward to Argument·or'hearing.
Henry A.Jones,the Executor and sole beneficiary of this
estate,is represented by McCreight,Marriner ,&~1cCreight,The
claimant,Mrs.Katharine Jones Dunston,is represented by Howard
E.Goldfarb,Esquire.The claim alleges alternatively either
that the Will is void because conditioned on a false assumption
or that the gift to Henry A.Jones is charged with a Trust in
favor of the claimant.
Counsel are presently engaged in settlement negotiations
and the undersigned believes that the matter will be settled
in the near future and that further Court proceedings will
probably be unnecessary.
Incidentally,the suggestion was made at Audit and con-
curred in by Judge Marino that Briefing and Argument .on the
legal questions preceed any hearing on,the questions of fact
because it is the position of Henry A.Jones that a question
l.s solely a question of law.
GUTHRIE ESTATE
No.411-1970
This matter is still pending,but is being handled by
,Judge DiSalle,who was presiding specially at the time of the
'Audit.All disputes have been resolved and we expect a Decree
of Distribution within the next few days.
The foregoing are all of the matters which the undersigned
has presently pending before the Orphans'Court except for
Accounts which will corne before the Court for Audit at the
next regular term of Audit Court.
I congratulate you upon your confirmation and wish you well
in your new assignment.If I may be of assistance at any time,
do not hesitate to call upon me.
Respectfully yours,
MCCREI~HT,MARRINER &McCREIGHT
JCM/dl
•~e,~::::-:::--T1"----M~cCreight~
M g CREIG HT,MARRIN ER &Mg CRE)GH T
ATTORNEYS AT LAW
520 WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA 15301
.JOHN B.M~CREIGHT
STEPHEN D.MARRINER
.JAMES C.MSCREIGHT
CLARENCE A.CRUMRINE
STEPHEN D.MARRINER,JR.
June 6,1973
The Honorable Richard DiSalle
Court of Common Pleas'
Washington County Court House
Washington,PA 15301
IN RE:Estate of Clarence F.Guthrie-
Life Insurance Trust
No.411 of 1970
nea~Judge DiSalle:
AREA CODE 412
PHONE 225-6600
I enclose a proposed order for the appointment of the Union
National.Bank of Pittsburgh as sole successor Trustee of the
Guthrie Trust and for the discharge of the original Trustees
from future liabilities.
You will·notice the effective date is to be the date of
Decree of Distribution which is now being prepared by the
Court.
I have reconfirmed by telephone that the Union National Bank
of Pittsburgh remains willing to accept the trust.
Respectfully yours,
McCREIGHT,MARRINER &McCREIGHT
JCM:cla
Enclosure
cc:Frank C.Roney,Esquire
Frank A.Conte,Esquire
Frank C.Carroll,Esquire
It is therefore
accept appointment as sole successor Trustee;
,I
IJ
II
I
IIIiIII
I
I
)
)
)No.411 of 1970
).
)
,1973,Lois F.Guthrie,Florence P.
ORPHANS'COURT DIVISION
APPOINTMENT OF SUCCESSOR TRUSTEE
AND Nmv,June
Estate of-Clarence F.Guthrie-
Life Insurance Trust
(1 )The Union National Bank of Pittsburgh be and it
IN THE COURT OF COMMON PLEAS OF 1tlASHINGTON COUNTY,PENNSYLVANIA
provisions of Article III - L of the Trust Agreement,which
AND said Trustees having-unanimously requested that
AND said Bank having ~videnced its willingness to
-1-
ORDERED ADJUDGED and DECREED
IN RE:
Carberry and Archie B.Callender,Jr.,having submitted their
provides that:"In theevent.a Trustee dies,resigns or for any
other reasbndoes not desire to act as Trustee under the terms of
vacancy shall be filled by the remaining Trustees.In the event
this Trust Agreement or is unable to act as Trustee for any
by the late Clarence F.Guthrie,which resignation is to take
effect upon confirmation of the First and Final Account filed in
their behalf by Archie B.Callender,Jr~,and Florence P.carberr~,
two of the trustees,and distribution to a successor Trustee to I
be appointed by the Court in accordance with law and with the !
be then discharged from future liability in accordance with law;
burgh as sale successor Trustee,and that the resigning Trustees
the remaining Trustees are unable to agree upon a successor
Trustee then the successor Trustee shall be appointed by the
Judge of the Orphans'Court of Hashington,Pennsylvania."
reason whatsoever under the terms of this Trust Agreement,the
resignation as the Trustees of the Life Insurance Trust created
filled by the appointment of The Union National Bank of Pitts-
that
the complete vacancy in office created by their resignation be
distribution in accordance with the said Decree of DistribUtion.
take effect upon distribution in accordance with the Decree of
been submitted to the Court,the appointment and resignation to
II
I
I.1!!
IhaveI
Iii
I
!
I
IJ.I
BY THE COURT:
BY~--:--~-~---;--::-:--------Specially Presiding
the said Archie B.Callender,Jr.,Florence P.(2)
Clarence F.Guthrie,to Archie B.Callender,Jr.,Florence P.
Carberry and Lois F.Guthrie shall be discharged from future
Carberry and Lois F.Guthrie,whose resignations as Trustees
Insurance Trust Agreement of October 8,1961,of the late
liability upon the filing of distribution receipts evidencing
Distribution of this Court dated and;--------------
'\
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE:FIRST AND FINAL ACCOUNT )
OF TRUSTEES OF LIFE )
INSURANCE TRUST OF )NO.411 of 1970'
CLARENCE F.GUTHRIE,)
DECEASED.)
NOTICE OF 'CL'AIMS
TO:JAMES C.McCREIGHT,Attorney for Archie B.Callender,Jr.
and FlorenceP.Carberry,two of the trustees under
Revocable Life Insurance Trust Agreement of Clarence F.
Guthrie,deceased,dated October 8,1961.
Washington Trust Building
Washington,Pennsylvania 15301
Dear Mr.McCreight:
You are hereby notified that there is due and owing
to me from Trust Fund "A"and/o,r Trust Fund liB",which funds
were created by the aforesaid Trust Agreement,the sums of money
as set forth hereinbelow for which I hereby make claim thereto:
(1)Pursuant to the provisions contained in the sai
trust agreement,to-wit:Paragraphs A.l and B.l I hereby re-
quest and demand payment to me of the net income derived from th,"
aforesaid trust funds from the date of my husband's death on..
November 12,1961,to and including the date of the audit of the
First and Final Account of The Trustees of Life Insurance Trust
of Clarence F.Guthrie,Deceased.
(2)Pursuant to the provisions contained in the sai
trust agreement,paragraphB.l I hereby request and demand that
distribution be made out of the principal being held in the
subject Trust Fund for the payment made by me of the following
college expenses incurred by my and decedent's daughter,Peggy
Guthrie,in attending Penn State College and West Liberty
College as follows:
Penn State College Expenses (Spring Term 1972):
J
"
RODGERS AND RONEY
ATTORNEVS AT L.AW
63 S.MAIN STREET
WASHINGTON,PA.
Tuition $
Room (December-June)
Telephone (December-June)
Meals
Transportation &Miscellaneous expense
250.00
288.00
84.42
280.00
100.00
,'
.f
West LiJ5~rty:College Expenses (Fall 1972):
,
Room deposit
Tuition
Room and Board
Accident &Sickness Insurance
Total amount due
$50.00
500.00
537.66
'25.00 .
$2,114.08
Che'ck No.'Date .payable :to .:Amount
40.00 .
40.00
88.00
16.00
15.00
20.00
7.50
7.50
7.50 .
18.00
5~00
15.00
J.5.00<
35.36
50.00
90.00
75.00
40.00
20.00
9.98
311.00 .
135.00
10.00
12.67
7.50
7.50
,45.15
200.55
RODGERS AND RONEY
ATTORNEYS AT LAW
6S S.MAIN STREET
WASHINGTON,PA.
1112 .
1934
receipt
949
receipt
receipt
receipt.
receipt
Rental
Check
36
48
49
185
2447
3616
1535
3629
1147
3790
3717
3642 '
3398
102 .
341
273
383
987
759
1042
1290
1920
1934
1937
500 .
834
2045
2289
2/12/66
1/16/68
6/10/65
10/5/65
10/2/65
9/9/65
7/18/65
6/4/65
1/7/66
6/21/65
9/9/65
3/12/62
8/7/62
2/9/70 .
8/4/71
2/16/67
8/5/71
3/17/66
12/1/71
10/14/71
8/21/71
2/8/71
3/29/62 .
5/16/63
1/12/63
7/27/63
11/11/65
2/25/65
12/28/65
7/30/66
1/5/68
1/16/68
1/20/68
3/19/64
5/21/65
4/3/68
10/24/68
Beverly Ann Hirst .$ ,
Beverly Ann Hirst
Beverly Ann Hirst
(College-books)
West Virginia University
Beverly Ann Hirst
West Virginia University
(books)
West Virginia University
Bookstore
West Virginia University
West Virginia University
Robert C.Hirst
Beverly Ann Hirst
Schooling
Dr.Anthony
Dr.Anthony
DES dues
Beverly Ann Hirst
DES dues
DES dues
DES dues
Beverly Ann Hirst
Mrs.Robert Hirst
Robert Hirst
Robert Hirst
Falconi Leasing Co.
Final payment of Qar
Beverly Ann Hirst
Robert Hirst·
Robert Hirst
Robert Hirst
Beverly Ann Hirst
Beverly Ann Hirst
Beverly Ann Hirst'
Grossmonts Apt.(Boats rent)
Beverly Ann Hirst
San Diago Gas &Electris
DES Boats dues
DES Boats dues
North West Airlines
United Airlines (Boats)
Page 2
8.00
10.00
150.00
32.00
20.00 .
8.50
3.68
40.00 .
24.00
,,I
Check No.'Date .payabl'e''to .Amount
2304 11/21/68 Beverly Ann Hirst $10.00
3848 12/8/69 Beverly Ann Hirst 30.00
3294 12/7/70 Beverly Ann Hirst 15.00
3315 12/7/70 .Beverly Ann Hirst 10.00
3389 1/29/71 Beverly Ann Hirst 20.00
World Atlas Workbook 1.25
R.McRegional Atlas 2.50
1 Ruler .15
1 compass'.30
6/18/65 West Virginia University
Bookstore 3.68
Total $.1,733.27
(4),Pursuant to the provisions contained in the
said trust agreement,paragraphB.1,I hereby request and demand
that distribution be made out of the principal being held in the
subject Trust Fund for the payment made by me of the following
expenses in behalf of my and decedent's son,Randy Guthrie,as
follows:
,
Check No.Date 'payab1e'to Amount
10/27/66 LaSalle Ext.University $450.00
1382 10/27/66 LaSalle University 110.00,
1436 12/4/66 LaSalle Univer.sity 30.00
1435 12/4/66 LaSalle University 30.00 .
1496 1/17/66 LaSalle University 30.00
1534 2/14/67 LaSalle University 30.00
1574 3/28/67 LaSalle University 60.00
1578 3/28/67 LaSalle University 137.50
36 2/5/62 Dr.Michanowicz (teeth)125.00
49 3/12/62 Dr.Anthony 188.00 .
1350 9/19/66 Dr.Signore11a (allergy)42.00
1454 12/14/66 Dr.signorel1a 10.00,.
1482 1/10/67 Dr.Signorel1a 18.00
1531 2/14/67 Dr.Neis 10.00
2015 3/11/68 Dr.Signorella 16.00 .
Receipt 7/21/65 Dr.Price 6.00
169 7/12/62 J.P.Kumer (fine)30.00
468 1/15/64 c.R.Guthrie 75.00
833 5/21/65 Dr.Moore (feet)22.00
900 8/20/65 Dr.Moore (feet)72.00
954 10/5/65 Jus ta Pharmacy 13.40 .
962 10/5/65 Dr.Signore11a 9.00
1139 3/19/66 Dept.of Revenue 4.00
1156 3/23/66 Union National Bank 333.52
1176 4/11/66 Dr.Price 10.00 .
1146 3/14/66 Dept.of Revenue 10.00
1302 8/8/66 Andersons (2 tires)30.60
1546 3/4/67 Dept.of Revenue 4.00 .
2782 .10/24/67 Gen.Heating (thermostat for
trailer)5.00
3021 4/5/70 c.R.Guthrie 20.00
3237 10/12/70 c.R.Guthrie 5.00
3292 12/6/70 Randy Guthrie 5.00
9/21/65 Dr.Signorel1a 9.00
11/2/65 Dr.Signorella 5.00
RODGERS AND RONEY 11/22/65 Dr.Signorella 8.00
ATTORNEYS AT LAW 8/6/66 Dr.Signorella 12.00
as s.MAIN STREET
WASHINGTON,PA.
Page 3
•1 ,~
Check No.'Date 'payable''to 'Amount
8/15/66 Dr.Signore11a $5.00
8/16/66 Dr.Signore11a 5.00
8/17/66 Dr.Signore11a 5.00
8/18/66 Dr.Signore11a 5.00 '
8/19/66 Dr.Signore11a 5.00
8/20/66 Dr.Signore11a :5.00
,~1/29/66 Dr.Signore11a 10.00
12/10/66 Dr •Signore11a 8.00
.2/13/68 Dr •Signore11a 10.00
.2/19/68 Dr.Signore11a 6.00
3/30/68 Dr.Signore11a 19.00
4/4/68 Dr.Signore11a 8.00
Total $2,066.02
(5)Pursuant to the provisions contained in the
said trust agreement,paragraph B.1,I hereby request and demand
that distribution be made out of the principal being held in the
subject Trust Fund for the payment made by me of the following
expenses in behalf of my and decedent I s son,Robert Guthrie,as
follows:
Check No.Date ,payabIe'to Amount
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.M,AIN STREET
WASHINGTON.PA.
34
184 '
185
318
791
receipt
2249
2206
2767
2830
2869
3057
3051
3126
1682
3009
309.3
3125
3128
981
1073
1122 '
1129
.1158
1196
1216
1251
1314
1360
1507
1761
1799
2/5/62 '
8/7/62
8/7/62
4/2/63
4/13/65
2/13/63
9/25/68
8/13/68
10/6/69
11/25/69
12/18/69
5/4/70
5/4/70 '
7/14/70
7/8/67
3/23/70
6/8/70
7/14/70 '
7/14/70
11/1/65
1/17/66
3/4/66
3/9/66
3/29/66
4/21/66
5/16/66
6/10/66
8/15/66
9/28/66
1/25/67
9/11/67
10/18/67
Dr.Anthony $
Dr.W.Laschid
Dr.Anthony
Dr.Anthony
Robert Guthrie
Martin Optical (glasses)
Dr.Signorel1a
Dr.Signorel1a
Dr.Signorel1a
Dr.Signore11a
P.r,evatt Mem.Hague
Ambulance
Dr.R.Davies
Dr.R.Davies
Dr.Davies
Dr.Signore11a
Dept.of Revenue
Liberty Mutual Ins.
Prudential Ins.
R.E.Guthrie
Union National Bank (loan)
Sears
Robert Guthrie
U.S.Treasury (Int.Rev.)
Sears
Mrs.Donald Devers (phone
calls)
Sears
Sears
Sears
Robert E.Guthrie (loan)
Sears
Liberty Mutual Car Ins.
Bob (cash)
Page 4
109.00
10.00
16.00
200.,00,
20.00
5.00
8.00 '
15.00 '
10.00
6.00
5.00
5.00
15.00 '
5.00
6.00 '
14.00 '
70.75
10.56
100.00
22.56
14.00 '
20.00 '
6.58
14.00
15.00
14.00 "
7.00
14.25
100.00
10,:40
144.50
20.00
,1 Tf
Check NO.Date 'payabTe''to .Amount
72.25
3.15
14.00
10.00
15.00
10.00
10.00
10.00
10.00
68.75
54.50
4.00
31.93
50.00
46.00
4.00
70.00
25.00 '
32.20
6.00
15.00
8.00
10.00
6.00
$1,618.38
Libe.rty.Mutual (car)$
R.E.Guthrie
R.E.Guthrie
Cash (Union Nat'l.
car payment)
Kriner (J.P.-fine)
Cash (car payment)
Cash (ciar payment)
Dept.0 f Revenue
Cash (car payment)
Liberty Mutual Ins.
.Liberty Mutual Ins.
Dept.of Revenue
,Vet.Admin.(life ins.)
Robert Guthrie
Prudential Ins.
Dept.of Revenue
Liberty Mutual (car ins.)
Robert Guthrie
Vet.Admin.(life ins.)
Dr.Signore11a
Dr.Signore11a
Dr.Signore11a
Dr.Signore11a
Dr.Signore11a
11/21/67
12/16/67 .
6/24/68
6/4/68
5/31/68
4/3/68
2/5/68
2/7/68
3/6/68
6/6/68
9/3/69
9/26/69
9/29/69
10/23/69
12/19/69
1/2/70
2/27/70
1/6/70
3/23/70
6/13/67
7/30/68
8/8/68
9/23/69
10/30/69
Total
1855
1877
2143
2119
2116
2044
1959
1965
2002
2128
2723
2756
2754
2780
2870
2891
29"'0 .
2900 .
3010
(6)Pursuant to the provisions contained in the
said trust agreement,paragraph B.1,I hereby request and demand
that distribution be made out of the principal being held'in the
subject Trust Fund for the payment made by me of the following
expenses in behalf of my and decedent's daughter,Donna Guthrie
Drochak,as follows:
Check No..Date .payable to Amount
175 7/23/62 Frank Vu1cano
Drivers training $20.00",.
566 6/10/64 Howley Gen.Tire
2 tires 56.80
1106 2/5/66 Dept.of Revenue 10.00
1149 3/19/66 Opeka Auto Repair 100.00
858 6/19/65 JoeG.Inc.1,783.00
859 6/19/65 Russ Dally 20.00
and 1,803.00
Rental
Check
80 8/30/66 Liberty Mutual Car Ins.17.18
Rental
56 12/16/65 Liberty Mutual Ins.17.18
1165 4/6/66 Liberty Mutual Ins.17.18
1248 6/10/66 Liberty Mutual Ins.17.18
1399 11/7/66 Liberty Mutual Ins.17.18
1553 3/9/67 Liberty Mutual Ins.17.18
1650 '6/9/67 Liberty Mutual Ins.17.18
1881 12/18/67 Liberty.Mutual Ins.17.18
1752 9/7/67 Liberty Mutual Ins.17.18RODGERSANDRONEY20233/15/68 Liberty Mutual Ins.17.18
ATTORNEYS AT L.AW 1650 6/9/67 Liberty Mutual Ins.17.18
63 S.MAIN STFZEE'T'2124 .6/6/68 Liberty Mutual Ins.17.18WASHINGTON,PA.
Page 5
CheCk No.Date
.,
'Payable''to ,Am:ount
RODGERS AND RONEY
ATTORNEYS AT LAW
63 S.MAIN STREET
WASHINGTON.PA.
514
516
883
582 .
603
607
612
669
625
571
557
2018
855
2931
3059
3856
1147
241
1535
23
185
321
629
555
Rental
39
2703
519
561
580
610
610
611
627
637
727
695
742 .
736
762 .
783
785
807
809
810
825
886
4/20/64 .
4/23/64
7/15/65
7/9/64
7/29/64
7/31/64
8/19/64
10/26/64
8/28/64
6/18/64
6/2/64
3/11/68.
6/17/65
1/30/70
5/4/70
1/10/72 .
3/17/66
10/18/62
2/16/67
1/9/62
8/7/62
4/5/63
9/10/64
6/2/64 .
7/15/65
8/13/69
4/28/
6/8/64
7/6/64
8/18/64
9//64
8/18/64
9/9/64 '
9/10/64
and 10/64
12/23/64
11/21/64
1/25/65
1/12/65
3/15/65
4/5/65
4/5/65
4/21/65
4/6/65
4/22/65
4/23/65
5/18/65
7/20/65
4/23/65
7/20/65
7/20/65
8/3/65
8/3/65
8/14/65
8/14/65
8/27/65
8/27/65
9/13/65
9/13/65
Langs (clothes)$
Langs (clothes)
Janet Bridal Shop
Barchert
Cash (\'i.edding)
Bethel Bakery (cake)
Ma10nes Florist
Normans Studio (pictures)
Krnart (paper plates etc.)
Mary Beharry(invitations)
Normans Studio (pictures)
Fartro Maytag
Initiation'
Lodge dues
Lodge dues
Lodge dues
OES dues
W.B.Hoop Ca1t.
OES dues'
Dr.Anthony
Dr.Anthony
Dr.Anthony
Dr.Anthony
Dr.Anthony
Dr.David Bell
Donna
Penn Commercia1(down
payment)
Penn Commercial (books)
(tuition)
Bus fare to Penn Com.
three weeks
Penn Com.
Penn Com.
Penn Com.
Supplies
Penn Com.(books)
Penn Com.
Penn Com.(Nov.&Dec.)
School supplies
Penn Com.
School supplies
School supplies
Penn Com.(Feb .Mar.)
School supplies
Penn Com.
Supplies (books)
Grad.pictures
Penn Com.
Typing paper &supplies
Supplies
(1/2 da)
Comet car payment
Comet car payment interest
Car payment
Car interest
Car payment
Car interest
Car payment
CAr interest
Car payment
Car interest
Page 6
103.86
103.86
11.45
69.72
100.00
.20·.'00
134.93
157.60
20.13
65.20
20.00
74.20 .
15.00
15.00
7.50
7.50
7.50
700.00
7.50
.72.00 .
20.00
10.00
24.00
21.00
80.00
20.00
10.00
14.40
,SO.OO
10.05
50.00
50 •.00
50.00
2.15
11.55
50.00
100.00
7.00
50.00
7.40 .
11.15
100.00
10.00
33.50
8.40
9.50
4.50
3.50 .
14.00 .
30.00 .
20.00
3.00
20.00
3.00
20.00
3.00
20.00
3.00
20.00
3.00
Check No..Date 'patab'let'o ''Amount
10/15/6:;Car paymen.t $20.00
10/15/65 Car interest 3.00
10/22/65 Car insurance 8.60
l~~~~~§~ElF ~§~g§~t 28:§§2..
11/12/65 Car interest 3.00
11/12/65 Car insurance 8.58
5 1/28/66 Car payment 40.00
114 6/29/66 Car payment 40.00
1/28/66 Car int;e:res't·;·~,6.00
6/29/66 Car interest 6.00
141 '7/28/66 Car payment 40.00
,7/28/66 Car interest 6.00
7/28/66 Car insurance 19.00
171 8/31/66 Car payment &INterest 46.00
189 9/29/66 Car payment &Interest 46.00
207 10/29/66 Car payment &Interest 49.00
292 2/14/67 Car insurance 55.18
482 7/28/67 Car payment 100.00
511 8/30/67 Car payment 25.00
544 10/1/67 Car payment 25.00
201 11/2/67 Car payment 25.00 '
Total $7,303.37
(7)Pursuant to the provisions contained in the
"---.,:
said trust agreement,paragraph B.l,I hereby request and demand
that distribution be made out of the principal being held in the
subject Trust Fund for the payment made by me of the following
expenses in behalf of my and decedent's daughter,Peggy Guthrie,
as follows:
Check NO.Date 'payable 'to Amount-
773 3/18/65 Volkwein Bros.
(music)$1.99
485 3/14/64 Volkwein Bros.
(clarinet)10.00
receipt 3/5/64 Volkwein Bros.
(clarinet)10.00
receipt 5/25/64 Volkwein Bros.
(clarinet)131.73
1253 6/17/66 Samuel Ready School
(reg.&room dep.)30.00
1287 7/26/66 Sylvia Putzizer
(uniforms)80.00
1288 7/27/66 P.J.McEvay
(gym suits)26.35
1309 8/15/66 P.J.McEvay
(hal.gym suits)1.55
1330 8/30/66 Sam Ready School
(1/2 tuition down
payment)1,008.00
1335 9/1/66 Sylvia Putzizer
(uniforms)96.40
1337 9/12/66 Sam Ready School
(school sup.cash
card)5.00
RODGERS AND RONEY
ATTORNEYS AT L.AW
63 S.MAIN STREET Page 7
WASHINGTON,PA.
Check No..Date .'Amount
1338
1405
1413
1420 .
1443
1485
1502
1506
1549
1613
1646
1735
1746
1876
2007
2241
Rent check
84
95
2724
2142
2333
2462
2532
2639
2733
2798
2827
854
2965
3001
3067
3092 .
3148
3194
3211
RODGERS AND RONEY 3218
ATTORNEYS AT LAW
as S.MAIN STREET
WASHINGTON,PA.
9/12/66
11/7/66
11/11/66
11/18/66
12/14/66
1/10/67
1/23/67
1/25/67
3/4/67
5/10/67
6/9/67
8/14/67
8/6/67
12/14/67
3/11/68
9/18/68
9/1/66
11/21/66
9/4/69
6/23/68
11/23/68
2/14/69
4/11/69
6/21/69
9/9/69
11/11/69
11/25/69
6/16/65
2/20/70
3/19/70
3/12/70
6/6/70
7/22/70
9/10/70
9/14/70
9/26/70 .
S.Ready School
(allowance)$
S.Ready School
(books)
S.Ready School
(tickets)
S.Re.ady School
(allowance)
S.Ready School
(school supplies)
Sylvia Putzizer
(tiniforms)'
S.Ready School
(Peg•acct.)
S.Ready School
(Tuition &Supplies
S.Ready School
(Peg.Acct.)
S.Ready School
S.Ready School
(music books)
Glenmore Academy
Glenmore Academy
(1/2semester)
Glenmore Academy
(tuition payment)
Glenmore Academy
(tuition payment)
W0£idaof Benrisy+-
vania.LI('he~l.'!:h:..,.ins•)
Cash (to take Peg.to
S.Ready School)-
Baldridge Reading &
StUdy Skills
Puritan Life Ins.
(school)
First Christian Church
(Church camp)
Shiflet Enterprises
(school pictures)
First Christian Church
(Youth retreat Class)
Peters Twp.High School
(Class'ring)'
Christian Churches Camp
Jack Wiley (class ring)
College Entrance Ex.'
Board
Bell 'trot,e Lab.
(school pictures)
First Christian Church
(church camp)
Peggy Guthrie
Peggy Guthrie
Peggy Guthrie
Christian Churches
(church .camp)
Normans studio (class
pictures)
Yoffre &Beitman
(school ins.)
CEEB (College Boards)
Normans Studio (school
pictures)
Page 8
20.00 .
19.99
10.00
25.00
3.25
7.50
25.00
803.25
20.00 .
18.67
3.09
10.00
855.00
400.00
400.00
2.75
100.00
70.00
3.50
18.50
2.65
3.00
10.00
16.00
15.50
5.50
2.65
18.50
10.00
10.00
10.00
5.00
10.00
3.50
5.75
34.43
Check No.'Date 'Payable 'to Amount
3248 10/22/70 .Conunonwe.al thof Pa.
(application Slippery
Rock)$10.00
3335 12/18/70 Peggie Guthrie 15.00
3369 1/11/71 Peggy Guthrie 10.00
3367 1/12/71 Penn.State Univ.10.00
3446 3/12/71 W.Va.Wesleyan College 25.00
3469 4/12/71 Penn.StateUniv.
(enrollment)50.00
3509 3/13/71 Peggy 28.50
3550 6/4/71 Holiday Inn (room college
tests)19.08
3639 8/13/71 Penn.StateUniv..2__8.67
3838 1/4/72 Cash ,to Peggy 25.00
3738 10/23/71 Postmaster (C.O.D.college
ring)33.26
932 9/13/65 PTHS (school ins.)3.00
1686 7/8/67 Crossroads Muse Center 4.50
1698 7/15/67 II ""4.00 .
1712 7/22/67 II II 4.50
1715 7/29/67 II II 3.00
1730 8/12/67 II II 3.00
1742 .9/2/67 II II 3.00
1767 9/16/67 II n 3.00
1769 9/23/67 II II 3.50
1798 10/17/67 Mary Soffel (music lessons)3.00
1810 10/20/67 II II 4.58
1818 10/28/67 II II 3.00
1824 11/4/67 II 4.30
1832 11/11/67 "3.00
1846 11/18/67 II 3.00
1863 11/24/67 II 3.00
1865 12/2/67 II II 4.05
1869 12/9/67 II "3.00
1899 12/23/67 II II 3.00
1922 1/6/68 Cash (piano lesson)3.00
1928 1/13/68 Mary Soffel (music lessons)3.00
1938 1/20/68 II II 3.00
1944 1/27/68 II "3.00
1955 2/3/68 ""3.00
1974 2/10/68 "II 3.50
1982 2/17/68 II 3.50
1990 2/24/68 3.50
1999 3/2/68 3.50
2005 3/9/68 3.50
,2037 3/27/68 3.50,'2040 3/29/68 3.50
2050 4/6/68 3.50
2080 4/19/68 3.50
-2084 4/29/68 II 3.50
2089 5/13/68 II IF 3.50
2106 5/20/68 II II 3.50
2114 5/29/68 II II
and books)5.57
2118 6/3/68 Mary Soffel (music lessons)3.50
2133 6/10/68 II 3.50
2137 6/17/68 II 3.50
2152 .7/1/68 II 3.50
2158 7/8/68 "3.50
2175 7/17/68 II 3.50
2240 .9/16/68 II 3.50
2246 9/23/68 II 3.50
2274 10/9/68 II II 3.50
2277 10/16/68 II II 3.50RODGERSANDRONEY228810/24/68 II II 3.50ATTORNEYSATLAW229611/13/68 ""3.5063S.MAIN STREET
WASHINGTON,PA.Page 9
Check No..Date .Payable"to .Anrount
2303 11/20/68 Mary Soffel (Music lessons)$3.50
2337 11/27/68 "3.50
.2370 .12/18/68 "3.00
2404 1/8/69 3.00
2411 1/15/69 3.00
2426 1/22/69 3•.00
2433 1/29/69 3.00
2436 2/5/69 3.00
2469 2/22/69 3.00
receipt 3/24/64 Dr.Toothman (dentist)150.00
receipt 3/24/64 """.50.00
receipt 7/9/64 Dr.Price 20.00
receipt 3/19/64 " "
23.00
receipt 4/20/64 ""43.00 .
49 3/12/62 Dr.Anthony 66.00
receipt 6/16/64 Dr.Toothman 50.00
651 10/8/64 Dr.Toothman (braces)80.00
receipt 7/23/64 "20.00
735 1/7/65 "20.00
1/12/65 "20.00
4/6/65 20.00
5/5/65 20.00
6/8/65 20.00
861 6/21/65 9.00
938 9/20/65 20.00
902 8/20/65 23.00
9/30/65 20.00
10/28/65 "20.00
12/21/65 "40.00
107.9 1/20/66 "20.00
1111 2/10/66 ""20.00
1271 7/14/66 Dr.Schmie1er 5.00
1286 7/26/66 Dr.Toothman 20.00
1329 8/30/66 ""20.00
1346 9/19/66 Dr.Price 8.00
1395 11/4/66 Dr.Toothman 20.00
1426 11/21/66 If "20.00
1458 12/14/66 ""50.00
1725 8/8/67 Dr.Signore11a 12.00
2203 8/13/68 Dr.Price 12.00
2472 .2/24/69 II II 5.00
receipt 6/21/65,II II (extraction)6.00
receipt 8/20/65 II II 12.00
652 .10/8/64 II II 12.00
Rental ck.
97 12/22/66 Dr.Toothman 40.00
74 7/5/66 II II 20.00
71 6/7/66 ""40.00
2930 1/30/70 Dr.Signore11a 7.00
3665 9/7/71 Student Medical Plan 35.00
2471 2/24/69 Dr.Signore11a 4.00
3275 11/7/70 Dr.Price D.D.S.8.00
3586 7/9/71 Dr.Price 10.00
1754 9/7/67 Dr.Signorel1a 16.00
Receipt 3/5/64 Ben Reynolds 10.00
Receipt 5/25/64 II "131.73
8/31/66 Sears,Roebuck &Co.
(slip no.00.6.713)2.99
8/31/66 Sears,Roebuck &Co.
(slip no.037111)7.8
9/1/66 Bakers Shoe Store
(slip no.42142)
RODGERS AND RONEY 9/1/66 Bakers Shoe Store
ATTORNEYS AT LAW (slip no.47713)4.9
63 S.MAIN STREET 9/1/66 Penneys -(rain coat)7.9
WASHINGTON.PA.
Page 10
____-----..-----c--__-------
Check No.Date .'payable''to .'Amount
111 4/63 Dr.Signore1la $.10.00
11/9/63 II 10.,00
2/18/65 II 8.00
2/22/65 ..6.00
2/25/65 "6.00
3/5/65 "8.00
7/26/67 "12.00
8/4/67 15.00
11/2/67 3.00
5/13/68 10.00
12/8/69 7.00
11/2/70 '5.00
11/2/70 '20.00
5/17/71 16.00
1/29/72 13.00
Total . $ .6,309.01
(8)Pursuant to the provisions contained in the
said trust agreement,paragraph B.1,I hereby request and demand
that distibution be made out of the principal being held in the
subject Trust Fund for the payment made by me of the following
expenses in behalf of my and decedent's daughter,Penny Guthrie,
as follows:
-'Check No..'Date .Payable to 'Amount
1523 2/14/67 Dr.Price D.D.S.$4.00
2167 7/9/68 II II 10.00
2397 1/6/69 Dr.Signore11a 6.00
2472 '-2/24/69 Dr.Price 5.00 '
652 .10/8/64 "..3.00
861 6/21/65 II II 3.00
receipt 3/3/65 ScottysCity Dr~g 7.70
1682 '7/8/67 Dr.Signore11a 10.00
2471 2/24/69 II II 4.00 '
3275 11/7/70 Dr.Price D.D.S.4.00
3586 7/9/71 "II 8.00
receipt 6/21/65 "II 3.00
1964 2/7/68 Dr.Signore11a 6.00
243 10/25/62 Normans Studios -7.63
1324 8/23/66 Mrs.Norman Hamra (school)18.50
1370 10/10/66 "II II 15.00
1398 11/7/66 II II II 12.00
1437 12/5/66 11 11 11 9.00'
1476 1/9/67 11 II 11 14.50
1516 2/13/67 11 11 11 14.00
1556 3/9/67 11 II 11 10.00
1591 4/5/67 11 II II 12.00
1619 5/15/67 11 ....17.00
1763 9/12/67 World Mutual Health Ins.3.00
2271 10/7/68 Kaufmans (ballet equipment)5.57
2242 9/18/68 Pleasant Valley PTA (ballet)17.50
2221 9/5/68 World of Pa.School Ins.2.75
2341 12/4/68 Shiflet Enterprises
(school pictures)2.65
2828 11/25/69 Bell Foto Lab.(9bhoo1
RODGERS AND RONEY pictures)2.65
ATTORNEYS AT LAW
es s.MAIN STREET Page 11
WASHINGTON.PA.
o _
,-
"
'Check No.'Date"o.~.'-_.'opatah1eto Amount
2725
3202 '
3269
3662
3736
3811
3789
3751
Total
9/4/69
9/14/70 '
11/6/70
9/7/71
10/23/71
12/15/71
11/30/71
11/8/71
2/11/64
12/12/64
6/13/67
11/2/67
1/29/68
11/18/68
10/10/71
11/8/71
Puritan Life Ins.Co.
Yoffre &Beitman
(school ins.)
Bell Foto (school
pictures)
Puritan Life Ins.
Ruth Ceramics (learning
ceramics)
""II II
Shiflet Enterprises
(school pictures)
Dr.Signorella
""II II
II II
II II
II II
II II
II II
$
$
3.50
3.50
2.75
3.50
4.97
10.50
14.35
2.70
6.00
9.00
10.00
3.00
6.00
6.00
11.00
12.00
346.22
RODGERS AND RONEY
ATTORNEVS AT LAW
63 S.MAIN STREET
WASHINGTON.PA.
(9)I hereby demand and request payment to me of
the interests of my adult children,namely,Beverly Guthrie Hirst,
Randy Guthrie and Robert Guthrie,which were assigned to me in the
proceeds of the sale of decedent's trucking business in the amount
of Seventy-nine Thousand One Hundred Fifty-six Dollars and Fifty-
nine Cents ($79,156.59),which sum was turned over to the trustees
on March 6,1972.
(10)Pursuant to the provisions of Article VIII of th~
albresaid trust agreement,I hereby request and demand payment to
me of one-third (1/3)of the total compensation due and claimed by
the three trustees for services rendered.
R.D.#2
Canonsburg,Pennsylvania 15317
Page 12
IN THE COURT OF COMMON PLEAS,WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
No.4ll.of 1~70 '.
IN RE:
Estate of
Clarence,F.Guthrie-I,
of.~...t ..-~~t,...
Life Insurance Tru~t~'
""".",.'.
)··)··)·').'""
,
I ••
"~.,.oj."-•~t
J
L fl'~.-,
4',••
SUPPLEMENT TO PETITION SUR AUDIT
This is a matter which came before the Orphans'Court
for audit on September 13,1972,with the Honorable Richard
DiSalle.specially presiding.Beca~se Of the complex history
of the case and the numero~s q~eations and claims presented for
adjudication,howev~r,h~aring ~nd argument on the questions and
claims were postponed,at the suggestion of ·~sel to await
JUdge Marino's return to the bench.Judge Marino was familiar
with the long and difficult history of the Guthrie Estate.
Unfortunately,however,no hearing or argument has been
scheduled since the audit and JUdge Marino has now retired.
The purpose of this Supplement to the Petition Sur
Audit is to summarize the history of the Guthr1e.Estate and to
provide information regarding the ques~ions and claims which
must be adjudicated by Judge 'Marino's successor.
1.History of the Case
Clarence F.Guthrie,late of Peters Township,Washington
County,Pennsylvania,died on November 12,1961,survived by his
widow and six children,five of whom were minors at the time of
'ahisdeathandoneofwhom::1s"still Aninore<'under the age of 18.
He left a Last Will and Testament dated October 8,1961,in
which he bequeathed his jewelry,automobile,clothing,and "other
-1-
purely personal effects"to his wife,and then gave the residue
of his estate ~q his wife,Lois F.Guthrie,and Archie B.
I'..Callender,Jr.,an9-Florence,P..~CaI'b~t'ry;'~lose,fr:iends.,as .
•'.~,~.\....0 !fI,....,,-~,..,,'.~.:.j~'.~'_..'.".:l~'.''",#'Ii.~I'i fl .4 •~\
Trustees of',aRevocableIiifeInsurance Trust which ,he had estab-
lished for the benefit ofhls 'wife and children on October 8,
~1/:~}),:.
1961:Lois F.'Guthrlealone.was·tJ:le 'executrix of his Last Will
and Testament.
Mrs.Guthrie's administration 'ofher'husha-na's estate
and the Adjudication"and'Decree which wa's'handed'down'on September
6',1963',upon'her'First and-Final Account were sUbsequently
challenged in a Proceedings for Review initiated at No.84 of
1963,A.A.,by Archie B.Callender Jr.and Florence P.Carberry,
two ~f the three Trustees of the Life Insurance Trust.After
prolonged litigation,a Restated First and Final Account was
filed by Mrs.Guthrie on February 6,1970,objections were filed
to it on behalf of the two trustees and the Guardian at Ad Litem
of the minor children,and an Adjudication was handed down by
the Court on October 16,1970,followed ultimately by an Adjudi-
cation and Decree dated Febr.uary 9,1972,these latter proceedings
being of record at No.411 of 1970.
Pursuant to the Adjud~cation and Decree of February 9,
1972,the Executrix on March 6,1972,paid over to the Trust,the
sum of $79,156.59,which included a net surcharge of $38,914.53.
Then,in accordance with an understanding of·counsel
and clients,a First and Final Account of the Trustees under the
Trust was prepared and filed on'behalf of Mr.Callender and Mrs.
Carberry in order that all of the Trusteesmlght resign and be
discharged and The Union National Bank of Pittsburgh appointed
as sole suc-cessor Trustee.
2.Principal and Income
1.Mutual Fund Distributions:The original principal
of the Life Insurance Trust consisted of the proceeds of the life
-2-
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,.
,;
insurance policies listed in Schedule A of the Account.On
September 18,1962,the Trustees invested $10,000 of this
principal in shares of Federated Investors,Inc.,which sub-
sequently became Income Foundation Fund and then Boston
Foundation Fund.All of the distributions were reinvested
under an automatic reinvestment plan,with the result that some
of the shares represent reinvested income.
In preparing the Account,counsel for the Trustees
followed the rule of Brock Estate,420 Pa.454~which is that
capital gains distributions of regulated investment companies
or mutual funds are allocated to principal,while income dis-
tributions are allocated to income.In the,present case,of
cour~e,the fact that all distributions were reinvested meant
that a distinction had to be made between the "capital gains"
distributions from reinvested income and the "capital gains"
distributions from the original investment.These·distinctions
were made in the Accounting and are set forth in detail in
Exhibits "A"and "B".
2.Distribution from the Guthrie Estate:Schedule "A"
of the Account as filed treats the entire distribution from the
Estate of Clarence F.Guthrie,which amounted ~o $79,156.59,as
,,~,.principal.Siric~the Audit it has been called to\the attention
,'..j.-..'".~',I:'"-.''••J''..:._"'.',:'..,
of counsel 'for the accounting Trustees-that the AdjudIcation and
Decree of February 9,1972,which had made no distinction between...~~~
_.'~~",..t,'1".
principal and income,was'b~sed ~~6!1 ;the'''~d'judication of October
16,1970.Paragraph 6 on page 3 of the'Adjudication did disting..,::"'.
uish,between principal and income,showing the principal balance
to be $62,865.75 and the income'balance to be $53,228.44.
The total of $116,094.19 found in the Adjudication of
October 16,1970,to be the balance for distribution is the balanc
appearing in 'the Adjudicatio.n Decree of February 9,1972,but in
the Schedule of Distribution of the latter certain deductions,
credits,and allowances for counsel fees and expenses were made
without any determination of whether they were allocable to princi
-3-
".~"..
pal or income.The net balance for distribution shown in the
Schedule of Distribution was $79,156.59,the figure which,in
the present Account is treated as an it'em of principal.
One of the questions presented for adjudication by
this Account,therefore,is whether it is proper to treat the
entire distribution from the Estate of Clarence F.Guthrie as
principal and,if not,what the proper allocation 1s between
principal and income.
In the absence of controlling direction in the Will or
Trust,the applicable law appears to be Section 753 (d)of the
Fiduciaries Act of 1949 (Section 3543 (d)of the Probate,Estates
and Fiduciaries Code )"which provides that all income from real
and personal estate earned during the period of administration
and not payable.to others shall be distributed pro rata among the
income beneficiaries of any Trust ~reated out of the residuary
estate and the other persons entitled to the residuary estate.
This would imply that th~income earned during the period of
administration would maintain its identity as such on distribu-
t10n to the Trust.
In order to determine the net principal and net income
distributable to the Trust 1n the present case,however,it is
necessary to decide a further question left undecided in the
Adjudication and Decree of February 9,1972,--to wit,whether and
to what extent the deductions,credits,and allowances made in
that Adjudication and Decree are chargeable against principal
,
nd/or income.·Here the guide appears to be'Section 11 (2)of the..
Principal <an~Ine'omeAct'Ofl~411}~~~t~o~~''-8~il Pji'.'d'f::th~,Probate,
Estates and Fiduciaries Code),which provides,in effect,that
~/the compensation of fiduciaries and court costs and attorneys'
t I~,,j
and other fees may be apportion'ed between principal and income
as the Court may direct.
...•..,
It is respectfully suggested that,of.the items shown
on the Schedule of Distribution of February 9,1972,the Clerk's
Costs and Receipts and the Family Exemption should be charged
...4-
entirely to principal and that the compensation allowed the
Executrix under Paragraph 9 of the Will for operation of the busi-
ness should be charged entirely to income and that the other
credits and expenses should be apportioned between principal and
income in the same proportion that principal and income bear to
the total balance for distribution,that is 54.15%to principal
and 45.85%to income.These suggestions would result in the
following allocation:
SUGGESTED APPORTIONMENT OF CREDITS
-Decree of Distribution of February 9,1972-
Income Principal Total
Clerk's Costs.and Receipts $12.50 $12.50
,
Family Exemption
Compensation:~t .~xecut,rix ,."~,99,,5.~5
'",II'.J.'~~> •~r '~i t
Compensation <,for JOperation,,',o''.!.~','
of Business '18,300.00
Frank A.Conte,Esquire
1,000.00
676.88
1,000.00
10,700.00
1,250.00
McCreight,Marriner &
McCreight,Esquires,
Rogers &Roney,Esquires f
Frank C.Carroll,Esquire 114.62
$26,381.10
135.38
$10,556.50
3,730.10
1,695.00
250.00
$36,937.60
RESULTING APPORTIONMENT OF NET DISTRIBUTION FROM ESTATE
:Per~Adjudication 10/16/70
PRINCIPAL (54.15%)$62,865.75
INCOME (45.85%)53,228.4.4.
TOTAL (100.OO%):$116',094.19
Credits
-$10,556.50
-26,381.10
-$36,937.60
Net 2/9/72
$52,309.25
26,847.34
$79,156.59
3.Attorneys'Fees
The Court is requested in the Petition Sur Audit to
determine and apportion attorneys'fees.The statement of
McCreight,Marriner &McCreight for services rendered and costs
advanced up to and including September 13,1972,on behalf of the
-5-
',t
Trust (subject,of course,to the approval of the Court)was
submitted to the Court at the Audit.Additional services have bee
rendered and costs advanced since.that date,a statement for
which will be rendered at or prior to the hearing to be scheduled
by the Court.In additlonto determining the propriety of these
and other attorneys'fee and costs.,the Court.is requested to
apportion them between principal and income under Section 11 (2)
of the Principal and Income Act.Court costs will have to be
apportioned in the same way.
4.Trustees'Compensation:
The amount and app~rtionment of Trustees'\compensation
are also submitted to the Court for determination~ARTICLE VIII
of the Revocable Life Insurance ~~ust Agreement of October 8,
1961,is helpful in determining these questions,for it provides
as follows:"During the lifetime of the Insured~the Trustees
for their services
shall recelvemo compensation hereunder.Following the Insured's
death the Trustees shall be entitled to deduct each year as
compensation for their services hereunder,five (5%)per centum
of the gross income":of the trust estate,and in addition,a
reasonable annual fee based on the market value of the principal
of the trust estate,which fee shall be in accordance with the
then prevailing rate of compensation charged by the Trusteesrfor
like services,
Thus
t -
and which fee.shall be paid from·income.",.
underr ·thefterms of:th~..Trust Instrunient"'~the
A,'.~·,·.l 4 •''''.,.......,~....."t f ·'J it .....~,J...,
Trustees'compensation is entirely payable from income and is to
consist of 5%of the gross income annually and "a reasonable
"-~.'f
annual fee"based on the market ~alue o·t the principal of the
Trust Estate.Since it does not 'appear,that these Trustees have..,.r--.¥. .y.~.,I ,
ever rendered "like services"the clause which provides that the
,.
fee shall be "in~accordance with the then prevailing rate of
compensation charged by the Trustees for like services"is
inapplicable as stated but a fair construction might be that the
fee with respect to principal should be in accordance with the
prevailing fees charged by other Trustees rendering like services.
-6-
A figure of 1/5 to.1/4 of 1%of market value,calculated annually
would not be un!easonable,we be~ieve.
The Trustees have never received any compensation for
the operation of the Trust,and the Court is therefore requested
to determine.the compensation payable to them for the entire time
that the Trust has been in operation.To assist the Court in
this determination,a calculation of approximate annual market
values of principal has been made and is submitted herewith
by counsel for accountants.The Court will notice,however,
that the calculation for June of 1972 treats the distribution
from the Estate as heingentirely allocable to principal,a con-
clusion which may require amendment in the light of the analysis".
,t ","i ,~..•or ~.,made ear~ier in'/thisl 'Supplement ~to t Petlt,1'o'n,Sur.Audit.·.:
t).>II I'....-:,'•~--,'-_,"-'j ~"'"~..Jl.
There is a further question submitted for adjudication
in connection with the co~pensation of xhe Trustees.As will
{..j ~~:,'1 ••
..~~•r ~."j.'".appear by reference to a'letter of Archie B.Callender,Jr.,
"..I""'~'.<fl';~addressed to the Court and ":dated September 8,1972,a copy of
which has been or will be handed to the Court,it is the opinion
of Mr.Ca~lender that an equal division of the Trustees'Compen-
sation among the three Trustees would be unfair and inequitable.
In view of the prolonged litigation in which Mrs.Guthrie's
.interests were adverse to the interests of the Trust and in view
of the unequal amount of time devoted to the service of the.
Trust,Mr.Callender opposes an equal division of the Trustees'
Compensation and suggests instead the following division:Lois
F.Guthrie 10%,Florence P.Carberry 30%,and Archie B.Callender,
Jr.60%.On the other hand,Lois F.Guthrie has in Paragraph 10
of her Notice of Claims demanded 1/3 of the total compensation
due and claimed by the three Trustees.
5.Claim of Donna Droohak
Included among the documents submitted to the Court
at Audit was a written claim presented'by Mrs.-Donna Dl'ochak"a
daughter of Mr.and Mrs.'Guthrie',"for payment of medical expenses,
This claim would be payable,if at all,under the provisions of
-7-
ARTICLE I,B.1.of the Trust Instrument,which authorizes the
Trustees to pay the net income inter alia "to or for the benefit
of the Insured~s children in such proportions and at such time or
times as the Trustees,in their sole,discretion,dee~advisable."
In addition,the Trustees are authorized to pay so much of the
principal as the Trustees in their sole discretion might deem ad-
viseable for the "comfort,maintenance,and support"of the childre
and to aid them "in the event of any circumstance or condition
a'rr'e',d t-1il,g":·ttl e",j1i,'~wherein money is needed."The Trustees hav
been unable to reach agreement with respect to payment 'of this cIa
6.Claims of Lois F.Guthrie "
At the Audit a written Notice of 'Claims 'was filed on
'behalf of Mrs-.Lois F.Guthrie.These claims are briefly noted
and commented upon as follows:
1.The first claim is a demand for payment to Mrs.
'Guthrie of the entire net income of the Trust,in reliance on
Paragraphs A.1 and B.l of the Trust Instrument.,It should be
noted,first,however,that,as was pointed out in the Court's
Adjudication of October 16,1970,there is no Fund A and Para-
:"fI .;
graph A.l'is therefore,-lnapplicable~As/to Paragraph B.1,Mrs.
••11 ...f ~y ~'l ~.,f '$.',
r fl·_j.,J (oj,J r
Guthrie's interest'in income'is 'neither 'absolute nor eiciusive •.
This is a"spr'inkling"trust;'under the terms of which the Trustees
their '4/'.'.\-,,""in ::/.~·sole discretion~'m~y pay 'the net'income to Mrs.Guthrie
1 :'•
or for her benefit and/or to or for.the -benefit of the children..
"in such proportions and at such time or times as the Trustees,
in their sole discretion,d~em advisable."The language of the
paragraph is such as to vest in the Trustees the sole discretionar
power to payor withhold income unequally among a group consisting
•of Mrs.Guthrie and her,children.As the Account clearly shows,
this discretion has be~n exercised to withhold income throughout
most of the history of the,Trust.It sho~ld be added,however,
that Mrs.Guthrie has not heretofore requested income.
On this and other questions of interpretation,counsel
for the Accounting Trustees will submit such briefs of the law
as the Court may request.
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I
1
'I
I
2.The next seven claims set out in the Notice of
Claims filed on behalf of·Mrs.Guthrie consist of demands for
principal to reimburse Mrs.Guthrie for expenses incurred by her,
for the education,travel,medical and dental treatment,cloth-
ing,automobile'expenses,camping,marriage and other costs of
raising her childr~n.Thec,laims are made under Paragraph B.1.of
the Trust Instrument.Here,again,the discretionary powers
granted to the Tru~tees by the Trust Instrument to distribute
principal to 0Z:,for the benefit'e,of the-Insured's,wife:and/or chil-
f ,•)oil
I,,•./dren are very broad,but't'by,-the same "'~oken;'.the,·d.isc:retionary
-I 'l ~I($...., ,'.-;_.fI'i _"'''4 ";•~...,;,.,d I..",_'"powers in the Trustees to withhold such payment are equally
broad.It is clear,that Mrs.'Guthrie does not have,under the
•.~',fl'·,·.-.,',..I'.'!,
Trust Instrument,an absolute right to'demand that the Trustees
pay for the support and educationi:.r0r.'her~chi'ldren,although,as
the Account shows,some tuition claims have been made and paid.
The Notice of Claims does not contain any information relating
to Mrs.Guthrie's financial situation which.would inform either
the Court or the other Trustees on the question of whether or
not the discretionary powers granted them should be exercised now.
3.The ninth claim made,in the Notice of Claims 1s a
demand by Mrs.Guthrie that "the interests of my adult children•••
which were assigned to me in the proceeds of the sale of decedent'
trucking business"be paid over to her.
This requires some explanation.At the time of the
Audit of the Restated First and Final Accoun~in ~he Estate of
Clarence F.Guthrie,deceased,in May of 1970 a Petition was filed
by the adult children of Clarence F.Guthrie Which,in somewhat
ambiguous language,sought a waiver and release by the adult
children of their interests in the estate in favor of their
mother.This waiver and release is discussed on pages 5 and 6 of
the Adjudication of October 16,1970.The conclusion of the
Court was:"We will recognize proper assignments and transfers
of the interests of the adult Guthrie children to their Mother,
Lois F.Guthrie'.11
-9-
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,
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,,
As was made clear in the oral'discus,sions between counsel and
I -r j ";.iI.
, • ',of l ;,i,Court at that time,·what'·the'Court implH~d was that the document
or "",",f l'presented was not a "pr0p.er 'assignmeht 'and transfer"but that,
as an abstract question,the interests of,the adult children under
the Trust were such as could be assigned to their mother by
"proper assignments and transfers,"subject,of course,to the
provisions of the Trust Instrument itself.
Just what are these interests?During Mrs.Guthrie's
lifetime,they are interests in income and principal which are
subject to the discretionary powers of the Trustees.Upon the
death of Mrs.Guthrie,so long as any child of the Insured is
under the age of 21 years the interests are fixed in income but
remain discretionary in the Trustees as to principal.As and
when the youngest child of the Insured attains the age of 21 years
(or at the death of the survivor of Insured's children)the shares
become fixed for the first time.
Thus,even "proper assignments and transfers of the
interests of the adult Guthrie children to their mother"would
have no practical effect on the administration of the Trust dur-
ing Mrs.Guthrie's lifetime,except possibly to limit the dis-
cretionary powers of the Trustees to distribute principal and in-
come to the assigning child.The practical effect would Occur
after Mrs.Guthrie's death and after the youngest child had
attained the age of 21 years.Then,assuming that an adult child
who had assigned to Mrs.Guthrie his or her share was :then::':,
living,the share which would otherwise belong to that child
would belong to the estate of Lois F.Guthrie,deceased.To
analyze a possible assignment in any other way would be to rewrite
the Trust,a result which the Court cannot permit.
It seems doubtful that the results outlined above are
the results which Mrs.Guthrie is seeking by the ninth claim con-
tained in the Notice of Claims.Instead,the c.laim seems to be
'0'/'..'J
founded on ;.mis\lnde~"standing.'ot:tl1e,Adjud-1~,atlo~'of 'October 16,
I .!1 4-•.,~~,-~.,".f '.,it (-t-~,.....• •
1970.Clearly the adult Guthrie ch~ldren had no direct and
assignable interest in the proce~d~o(t,he sale of decedent t s
,\1,."I'.'I
.~
-10-~...,""'".1
-,
,•
trucking buslnes·s.--Those proceeds were simply 'part of'the assets
of the estate of Clarence F.·Guthrie,deceased,which ·were dis-
tributed to the Trustees under the Adjudi~ation of October 16,
1970,and the Adjudication and Decree of February 9,1972.The
interests of the adult children which Judge Marino considered
to be theoret~assignable were the interest of the children
under the Trust and these,as has been stated,can be assigned
only_subject to the-terms of the Trust.
It should be added that we understand that since 1970
Mrs.Donna Drochak,one of the adult children,has withdrawn her
participation in the Petition of Waiver and Release andthat·~it
is possible that the other adult children share with Mrs.Guthrie
a mlsunde~standing of the effect of an assignment·of their
interests to their mother.
Trustees.This claim has been noted and discussed earlier in
this Supplement.•
.'.71.,Appointment of Successor.Trustee
"'II't.,ty Jl'.'.."I '.'.,'.JF -',•.T \-.:tt ~~I • ".".'A ~JO."J:~
The:Truste~s'.~:;e.~a~~e~d ott-at.least "one i,maiter/~which"p'--• -~
is that they wish to resign:and,be.discharg~d as Trustees and
;.£'"I r
request that .The Union Na.tional]3al!k of,,Pittsburgh be.appointed
~"',,"'.~.~.III._'I t,t '....It..-as successor Trustee.The Union National Bank ot Pittsburgh has
~._,")0.~....."I .".1 if i 1f~1'"
.~--'..'~--.~-indicated its willingness*to\accept this appointment.
Authority for the Court to act in this matter is found
not only in the general law relating to Trustees but specifically
in ARTICLE III (.,L)of the Trust Instrument which provides:"In
the event a Trustee dies,resigns,or for any other reason does
not desire to act as Trustee under the terms of this Trust
Agreement,or is unable to act as Trustee for any reason whatso-
ever under the terms or this Trust Agreement,the vacancy shall
be filled by the remaining Trustees.In the event the remainiJ'!.g
Trustees are unable to agree upon a successor Trustee then the
-11-
.
".'...
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successor Trustee shall be 'appointed by the JUdge of the Orphans'
Court of Washington County,Pennsylvania.1t
8.Suppleme'ntal Accounting and Briefs
So much time has elapsed since the preparation and
filing of the First and Final Account of the Trustees that some
supplemental accounting will be necessary to bring the accounting
up to date.In addition,some additional expenses have been
incurred,including attorneys'fees,income tax payments advanced,
and Trustees'compensation for the interim period.Counsel for
the Accounting Trustees will provide these supplemental account-
ing figures upon request by the Court.
In addition,such briefs of the law as the Court may
request will be prepared and filed by counsel.'
Respectfully sub~itted,
McCREIGHT,MARRINER &McCREIGHT
Trustee
C'
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IN THE COURT OF CO~~ON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION-------_._--,
Estate of )
Clarence F.Guthrie-)No.411 of
1970
Life Insurance Trust)
SUPPLENENT TO PETITION SUR AUDIT
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McCREIGHT.MARRINER Be McCREIGHT
ATTORNEYS AT LAW
WASHINGTON TRUST BUIl.DING
WASHINGTON,PA.
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
)
ESTATE OF CLARENCE F.GUTHRIE.)',NO.'4·11'of.~972..).
-LIFE INSURANCE TRUST )
,..
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CALCULATION OF APPROXIMATE ANNUAL
MARKET VALUES OF PRINCIPAL
December,1962
12/20/62
12/20/63
12/21/64
12/20/65
Insurance proceeds
Less cost of 4020 shares of Income Foundation Fund
Net
4124.416 shares Income Foundation Fund @$2.31'
Approximate Market Value
December,1963
Net insurance proceeds
4300.468 shares Income Foundation Fund @$2.36
Approximate Market Value
December,1964
Net insurance proceeds
4493.851 shares Income Foundation Fund @$2.47
Approximate Market Value
December,1965
Net Insurance proceeds
4711.544.shares Income Foundation Fund @$2.65
Approximate Market Value
$35,424.59
10,000.00
25,424.59
9,527.40
$34,951.99
$25,424.59
10,149.10
$35,573.69
$25,424.59
11,099.81
$36,524.40
$25,424.59
12,485.59
$37,910.18
12/20/66
12/20/67
12/20/68
12/15/69
December,1966
Net insurance proceeds
993.862 shares Income Foundation Fund @$11.54
Approximate Market Value
December,1967
Net insurance proceeds
1064.901 shares Income Foundation Fund @$12.72
Approximate Market Value
December,1968
Net insurance proceeds
1148.257 shares Income Foundation Fund @$14.32
Approximate Market Value
December,1969
Net insurance proceeds
1223.893 shares Income Foundation Fund @$11;02
Approximate Market Value
$25,424.59
11,469.17
$36,893.76
$25,424.59
13,535.23
$38,959.82
$25,424.59
16,443.04
$41,867.63
$25,424.59
13,487.30
$38,911.89
1235.549 shares Income Foundation Fund @$9.8~'.~12/15/70
Net insurance proceeds
Approximate Market Value
December,1970
{,
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$25,424.59
,.'12,15}.80
$'.37 ,582 .39
12/20/71
8/11/71
December,1971
Net insurance proceeds
1265.212 shares Income Foundation Fund @$10.41
c.R.Guthrie
Approximate Market Value
$25,424.59
13,170.86
2,000.00
$36,595.45
--------.r------------------------
June,1972
3/6/72
6/20/72
2/16/72
4//72
Net insurance proceeds
Distribution from Guthrie Estate
1286.334 shares Income Foundation Fund @$11.36
Donna G.Drochak -principal distribution
Beverly G.Hirst -principal distribution
Approximate Market Value
$25,424.59
79,156.59
1~,612.75
2,000.00
2,000.00
$115,193.93
Respectfully'sUbmitted,
('
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
NO.411 of 1972
* * * * *** * * * *** * * * *
IN RE:
ESTATE OF CLARENCE F.GUTHRIE -
LIFE INSURANCE TRUST
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CALCULATION OF APPROXIMATE ANNUAL
MARKET VALUES OF PRINCIPAL
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McCREIGHT.MARRINER 8:McCREIGHT
ATTORNEYS AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,PA.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS COURT DIVISION
Estate of Clarence F.
Guthrie -Life Insurance
Trust
No.411 of 1970 A.A.
SUPPLEMENTAL ACCOUNTING AND SUGGESTED DISTRIBUTION
AND NOW,MaygO,~973,pursuant to the request of the
Court made at the hearing of May 21,1973,the following supple-
mental accounting and suggested distribution is submitted.The
supplemental accounting (a)reallocates principal and income in
accordance with the apportionment suggested in 2.2 (pages 3-5)
of the Supplement to Petition sur AUdit,and (b)adds to the
balances the income and principal received since the preparation
of the Petition sur Audit in September of 1972.The suggested
distribution reflects the suggestions for ,distribution made ,at
the hearing of May 21,1973.
I.
Supplemental Accounting
1.Balances as of September 1972:
Principal Income Total
Petition sur Audit $112,551.36 ~15;496.70 128,048.06
Revised per Supplement 85,704.02 42,344.04 128,048.06
Adjustment"-26,847.34 +26,847.34 ,0
(Note:For explanation,see p.5 of Supplement to
Petition sur Audit)
2.Additional Receipts and Disbursements to April 1,1973:
._Principal Income Total
Correction 'to reflect ','";bank charge"for new.".'.','.i'i.·.
checkb90k 3!1~/69'(~'-,....;,'.($3.82}''.($3.82)
Boston Foundation Fund
shares (cost)295.86 726.87 1,022.73
Savings account interest :2,694.47 2,694.47
Total additional receipts'.',',,'",.
and disbursements.:<'·$2~5~86·~'3,417.52 3,713.38
3.Total to April 1,1973 i'~'':~85,99~.8~~4.5~761.56 131,761.44
•!
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4.List of assets as of April 1,1973:
1915.746 shares of Boston Foundation
Fund,ln kind in Custody Account _~
#0-604-198 in State Street Bank and~'M,,"•
Trust (Compa:ny:-.:..,:"at,~cql?t'•.f,,..,'.r~,·.:,;,.',(23.;264,.15
Savingskccount ~Mt.Lebanon Federal
Savings and Loan Association 8,175.41
Savings Account -Union National Bank ~
of Pittsburgh .'"'..•.,.;.1'87 ,035.12
Savings Account -First'.,Federa.;I.~?-vlngs
and Loan Association of Washington -12,839.23
Checking Account -Union National Bank
of Pittsburgh ,.'-i'..447.53
$131,761.44
II.
Suggested Distribution
(1,117.97)
(1,150.30)
1,117.97
1,150.30
Principal Income Balance
Balances as above '$85,999.88 45,761.56 131,761.44
Percentages 65.27%34.73%100%
Court Costs (1)(1) (1)
2.
3.
4.Trustee compensation -(2)
5%of total gross income
1/4 of 1%of principal
annually
1.
5.Other administration ex-
pepses:
R.A.Gwennap,C.P.A.$
McCreight,Marriner &
McCreight
Statement of Sept.11,1972
Statement of May 21,1973
Frank A.Conte,Esq.
Frank C.Roney,Esq.
Frank C.,Carroll,Esq.
~.Lois F.Guthrie -
Tuition expense claim
Balance of income
52.22 27.78 (80.00)
928.47 494.03 (1,422.50)
407.10 216.61 (623.71)
(1)(1)(1)
(1)(1)(1)
(1) (1)(1)
2,114"08 (2,114.08)
7.The Union National Bank
of Pittsburgh,successor
trustee -balance of
principal
Total distributed $85,999.88 45,761.56 o
NOTES:
$1,117.97
...
::',.;'.,4'.4,rI':,/,
3,421.34
$22,359.42 ...
$18,938.08
"
,"
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To be determined by the Court and apportioned'65.21%to
principal and 34.73%to income.
'Trustees'compensation is chargeable against income,and
is a sum equal to 5%of gross income plus 1/4 of 1%of
market value of principal annually,Gross income of the
trust consists of the total of Schedule C of the Account
and the additional receipts shown in I.1,above,as
follows:
Schedule C -
Additional income receipts
(excluding income from
Estate)
(1)
(2)
,"
..
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Annual market value of principal on December 20 is
shown on a calculation submitted at the Audit,and
revised at the hearing of May 21,1973,as follows:
Income compensation
Principal compensation
Total
$1,117.97
1,150.30
$2,268.27
756.09
756.09 .
756.09
follows:
one-third $
one-third
-one-third
Compensation is payable as
Lois F.Guthrie -
Florence P.Carberry -
Archie B.Callender,Jr.
$2,268.27
Respectfully sUbmitted,
McCreight,Marriner &McCreight
..
Approved:
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS COURT DIVISION
No.411 of 1970 A.A.
Estate of
Clarence F.Guthrie -
Life Insurance Trust
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SUGGESTED
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SUPPLEMENTAL ACCOUNTING AND
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McCREIGHT.MARRINER Be McCREIGHT
ATTORNEYS AT LAW
WASHINGTON TRUST BUILDING
WASHINGTON,PA.
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I approve (Gi6a~~)this
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tJ0 .yh/:;r'~I JI:,rf'I E tl~C'('/-1"'1 I~I""".:,
Trustee's Decision
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Trustee i
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WASHINGTON.PA••---,-_[!_Ia~:J...!_2_1-",,--:..:.1.:...9-:.7....:3,--_
_do nY'.f\rchie B.CA.llender,
Mrs.Florence P.Carberry and
Mrs.Lois F.Guthrie,Trustees.
TO McCREIGHT.MARRINER &McCRE1GHT.DR.
'Pj L~No.3028
ATTORNEYS AT LAW
520 WASHINGTON TRUST BUILDING IRS #25-1085730
To professional services rendered and costs advanced from
Septerober 14,1972,to and including May 21,1973,as
follows:
Services,including correspondence following audit'hearing
of September 13,1972,to inform trustees,Union National
Bank and other interested parties of status of est~te;
arranging !or preparation of U.S.and Pennsylvania tax re-
.·turns by accountant;conf·erences in l\pril of 1973 with Frank
C.Roney,Esquire;preparation of detailed supplement to
Petition sur Audit;conferences with court to arr~nge for
conf~rence of counsel;and attendance at conference of May
21,1973;together with all incidental research,telephone
calls,secretarial services and copying services (17.5 hoursJ-·
Costs:
IU.S.Fiduciary income tax for 1972-----···_-_·_-------$5.62
Pennsylvania Fiduciary income tax for 1972-_c~-·--·$~·_99_
I
,JCH/dl
Subject to Court approval
$615.00.
8.71
$623.71
c
204 Lakeview Drive
McMurra.y~Pa.15317
September 8,1972
To :'The Honorable Judges·
.of the QrphansCourt..'or Common Pleas ...',.!.
-'-.
:":.-::;,'.;'.-.-.-.,
.Following the dea.th:of Clarence F.Guthrie on
November 12"1961,I undertook certain responsibilities
to collect,manage,and invest proceeds which were a
part or Trust Fund "En of the Clarence F •Guthrie"
Estate.I was assisted in this endeavor in,some degree
by Florence p.Carberrywho has cooperated f'ully.These:'
responsibilities'also included the.filing of Annual
Fiduciary Tax returns and.the preparation o.fannual
:Cinancial statements as well as:'trans1'erring funds and
haVing interest accumulati,on'entries recorded•
...:.
.:;..
.This became necessary because the interest of the
three-trustees were adverse to the interest,01'the estate~
On the advice'of couneil Mrs.Carberry and myself
initiated litigation against the executriX",challenging
the administration of the estate,which axt'ended over a
period o:feight years and terminated favoraibly to the
.trust.
to
.~--.;.....~
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In my opinion the time devoted by the three trustees'
to the administration of the trust would be as :follows:
Lois F.Guthrie 10%,.Florence:P.:Carberry 30%and Archie
B_.ca11ender 6~.,:,>,·,
.f _
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Archie B.Callender
.-.".
~Florenc~P.Carberry
,...
OFFICE (412)228.2440
Invoice #192
RES:(412);941.6445
RICHARD A.GWENNAP,C.P.A.
SUITE 931
WASHINGTON TRUST BUILDING
WASHINGTON.PENNSYLVANIA 15301
__-----LA~p!.Lr....!...iL1-I,2..::l4:..s.''19 --.-11
Guthri e Estate
%McCreight,Marriner &McCreight
Washington Trust Bldg.
Washington,PA 15301
FOR PROFESSIONAL SERVICES:
Preparation of federal and state I
fiduci ary returns $80.00
,,'
;1'.'
Revised 5/21/73 JCM/je
Dece'mber,1972
3/6/72
12/20/72
Net insurance proceeds
Principal disiiribution from
Gu'thrie'Estate *,,->,
•~,.,...ol •f;.,..,~.,'.;;~.
•' -,,..I ft ,'{.t'.to".of',-,"t '!-I t .f ~..."1286.334 shares Boston Founaation '',..,.,,J''
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25,424.59
52,309.25
.,\,
Fund @ $11.36
Less distribution as follows--.
8/11/71 C.R.Guthrie
2/16/72 Donna G.Drochak
4//72 Beverly,G.Hirst
8//72 Robert E.Guthrie
Approximate Market Value
~..
$2,000'.00
2,000.00
2,000.00
2,000.00
14,612.'75
$92,346.59
-8,000.00
$84,346.59
,March 20,1973
Net insurance proceeds
Shares in Boston Foundation Fund
25,424.59
,allocated to principal:
Prior total 1286.334
Additional shar~s from gain distribution,3/20/73
as follows:23¢x 1286.334 =$295.86
reinvested @ $10.51 =28.15
3/20/73 value $10.51 x 1314.4~4 =
Principal distribution from Guthrie Estate*
Less principal distributions above
Approximate Market Value
*Assuming,apportionment suggested on page 5 of
Supplement to Petition sur Audit.
13,815.23
52,309.25
-8,000.00
83,549.07
Respectfully submitted,
McCREIGH~:MARRINER &McCREIGH
--------------------------.,.-----.,.-----------r--.....
5/21/73 JCM/je
No.411 of 1972
ADMINISTRATION ACCOUNTS
Supplement to Exhibits IlA Il and "B"of First and Final Account of
Trustees of Life Insurance Trust of CLARENCE F.GUTHRIE,deceased.
EXHIBIT IlA Il
CAPITAL "GAINS DISTRIBUTIONS OF BOSTON FOUNDATION
FUND BASED ON AND ALLOCATED TO PRINCIPAL
Date Gains Distribution Reinvestment Price New Total
shares shares
COST CARRIED FWD $5,970.18 CARRIED FWD $1286.334
1973
Mar.20 23 x 1286.334 =295.86 28.15 @10.51 1314.484$6,266.oli
EXHIBIT "B"
BOSTON FUND REINVESTED INCOME DISTRIBUTIONS
Date Shares Distributed -Principal=Income Price
Prior Totals 536.456
1972
Sept.20 18.925 0 =18.925 @ 11.32
Dec.20 26.466 0 ='26.466 @ 11.66
1973
Mar.20 47.565 -28.15"=19.415 @ 10.51
Total IlINCOME"shares 601.262 Income
SUMMARY
..cart-iing
Va ue·
$6 ~·271.24
214.23
308.59
204.05
$6,998.11
Total "principal shares
Total "income"shares
Total shares as of 3/20/73
1314.484
601.262
'1915.746
-I
IN THE COURT OF COMMON PLEAS OF WASHINGTON ~OUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION'
IN RE:)
)
Estate·of·ClarenceF.-Guthrie-)No.411 of 1970
Life Insurance Trust )
)
APPOINTMENT OF SUCCESSOR TRUSTEE
AND NOW,June2~,1973,Lois F.Guthrie,Florence P.
Carberry and Archie B.Callender,Jr.,having submitted their
resignation as the Trustees of the Life Insurance Trust created
by the late Clarence F.Guthrie,which resignation is to take
effect upon confirmation of the First and Final Account filed in
their behalf by Archie B.Callender,Jr;.,and Florence P.Carberry,
two of the trustees,and distribution to a successor Trustee to
be appointed by the Court in accordance with law and with the
provisions of Article III - L of the Trust Agreement,which,
provides ,that :"In the event a Trustee dies,resigns or for any
other reason ·does not desire to act as Trustee under the terms of
this Trust Agreement or is unable to act as'Trustee for any
reason whatsoever under the terms of this Trust Agreement,the
vacancy shall
the remaining
,
'I •be filled by the remaining Trustees.In the event
....~';",_••~~'.,..~•~'\:,•i ..~
Trustees are~unabre.to agree ~pon a successor
Trustee then the successor Trustee shall be appointed by the
~
I:,~.Judge of the Orphans'Court,of Washington,Pennsylvania."•,.,f #•,'.
AND said Trustees having unanimously requested that
~..f -..:"....,
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the complete vacancy in office creat'ed by 'their resignation be
filled by the appointment of The Union National Bank of Pitts-
burgh as sole successor Trustee,and that the resigning Trustees
be then discharged from future liability in accordance with law;
AND.said Bank haVing evidenced its willingness to
accept appointment as sole successor Trustee;
It is therefore
ORDERED ADJUDGED and DECREED
that
(1 )The Union National Bank of Pittsburgh be and it
-1-
..'-.
hereby 1s appointed as sole successor Trustee under the Life
Insurance Trust Agreement of October 8,1961,of the late
Clarence F.Guthrie,to Archie B.Callender,Jr.,Florence P.
Carberry and Lois F.Guthrie,whose resignations as.Trustees have
been submitted to the Court,the appointment and resignation to
the
Callender,Jr.,Florence P.(2)the said Archie
take effect upon distribution in a
Distribution of this Court dated__~~~~~~~~~~~_
Carberry and Lois F.Guthrie shall be discharged from future
liability upon the "filing of distribution receipts evidencing
distribution in accordance with the ~~.__
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IN THE COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
*******************************
No.411 of 1970
*******************************
Estate of
Clarence F.Guthrie-
Life Insurance Trust
*******************************
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APPOINTMENT OF SUCCESSOR TRUSTEE
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McCREIGHT.MARRINER &McCREIGHT
ATTORNEYS AT LAW
WASHINGTON TRUST BUILDING/~WZ:GT~;o i
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M g CREI G HT,MARRI N ER 0.Me;CREIGH T
ATTORNEYS AT LAW
520 WASHINGTON TRUST BUILDING
WASHINGTON,PENNSYLVANIA 15301
J
JOHN B.MS;CREIGHT
STEPHEN D.MARRINER
JAMES C.M£;CREIGHT
CLARENCE A,CRUMRINE
STEPHEN 0,MARRINER,JR.
September 18,19172
Orphans'Court
County Court House
Washington,Pa.15301
ATTENTION:Mr.John Hana
AREA CODE 412
PHONE 225-6600
IN RE:Guthrie ['rust
Our File No.3028
Dear John:
As promised at the Audit,I en1close a more
legible version of the Revocable Life Insu~ance Trust
Agreement of October 8,1961 executed by Clarence F.
Guthrie.
While
not an exact copy
proof-read it and
JCM:mb
-Enclosure-
the type face indicates that this is
of the executed instrumeint,we have
believe it to be textualllY correct.
Yours very trulYI,
McCREIGHT,MARR~NER &McCREIGHT
cc:Frank C.Roney,Esquire
Frank A.Conte,Esquire
Frank C.Carroll,Esquire
Mrs.Donna Drochak
REVOCABL!~L11'2 IN 3URAHCE
THIS A1REEHENl',entel"od into
TlW~3T AGRf.EHENT
I
<?this j)-.:J.L.dfl..Y of Ootober
I
1961p by and between Cl,;....q}.NCE F.GUTHRIE nf ~"'ushingtorJ.County,Pcr.lnsylv!U"dt.l
(hereinaftsr roferred to as the "INSURED"),and 1;')13 Fel GUTH."IE,of R.D.//2
Canonsburg,ARCHIE B CALLENDER,JR.of 204 Iakev~e'W Drive,Canonsburg P.Jld
FLORENCE P.C~',~AtY122 Gal1~Road,CanonaOurg,ell of Washington County,
Penasylvania Cbereinafter referred to as 1l~"RUSTEE[)II.
W]EREAS the p~lic1GS of life and/or accid0nt insUl4 BnCe issued on
tho life of the said Cl...,;RENCE F.GUTI-fiIE,llhich aro l:t(Jted on tho attached
Sohedule "A"are to be made either direotly or oontingently payable to and
may be deposited with the 'I'l'ucteest
NOW,TH~ll;jJ<~ORL,TIm PAJ\TUS HERETO AGREE that at the death of
the Insured,')r at such ot.her MJl1c or time::thsroa::.'ter as !'I1::ly be provided
in the aforerr.entioncd policies,the Trusteos shall collect tho total amount
I
of insurance then payable to them as TrustGes hereunder and the Trustees shall
hold the a~ount BO collectod together with any other proporty reoeived by
,
Ith(~l1'l from tho Insured'a estate or from any other souroe,upon tbe follo\dng
Trusts,
AR'.rICLE 1,TRUSTS,
I
It the insured's Hife,IDIS F..GUTHRIE itl 11ving at the time of
his death,the Trustees Eh.!lll hold in trust in Fund "All cueh amount of tho
I
property in thoir hands as vhcn aa6ed to any prOpDl'ty rcce1.v1blo and dosle-
n£ltGd for Fund "All under the p:r-ovisiona of the In311.red ,~Last.Will r ud l'esta-
ment·will f:-fford the Insured's estate the mms±mum t:l1o\-!lible 1naritill ded'.lctic:1 J
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~dEJr Federa.l Estato Tax I.sws \-lhcn thilJ prCpol'ty is c;onsiderod
'Wi th lUlY and all other.property cf tho J"mmrGd pllsslng or which
hae passed to his \lifa under tho torms of hi:J ·.fill or under the
terrns of this Agree:nent or otheruiae,and which other p:noperty
is included in hie gross estate far the purpose of computing the
Fede~al Estate Tax and 10 the marital deduction ullowed:hi6 estate.
The Trustees shall exclude from this gift,for the benefit of
the Insured's vife,any terJ:l.lnablo interests 'Hhich would!.not be
deductible as part of the marital d6duotion allowed the Insured's
estate if given to the Insured's wife.
The Trustees ahall hold in trust as ~lmd IiB'~any and sll
other property 1n their hands not head in Fund "A",together with
any pr'operty receivable and denignated for l'\md BBI'under the
provisions of the Incl~edts ~ill.
A.1.The Trustees sholl pe~the net inc~ne from Fund
"All to the Insured's 'Wife,LOIS F.GUTIIRliE,01'for her benefit,
in installmenta convenient to her but not lesa frequent,ly than
annually for and during her lifetime.During her lifetime the·
Insured's wife shall have the l'ight to withdraw and co~surne,demand
and race!ve ill or any part of the prinoipal of Fund IIA".
2.Upon the death of the Insured's wife,ILOIS F•
.GUTHRIE,the TruBtees shall pay and distribute the then remaining
principal of Fund "A"as the Insured's wife shall apPotnt and di~·
rect ~specifio referenco to thiB general power of appointment
in hClr last idll and Testsment,whether to her eatllte or other\iioe.
I
In dofault of such appal ntnent or direction by the Insured's Hife
1n her last ,:111 and Testa.ment,tb.t:Trustees Eihall add i the then
.remaining principal of Fund "An to Fund "B"cr.d sl.:ch f:J'J.cunt so
addf>d shull bo hold in trust and/or distributed ns if':;1.t h~o..
I
conGtituted an oriE;:l nal part of Fu.r..a IIBTl •
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3.Heither t.he pl"incipul 1101'the lucoma 0'1'Fund "Alt
shall be liabla for tbe debts (If the luourcdt fJ ,life,IDIIS F.
GUTHRIE,nor ahall the sarno be subjoct to odzure or attachment
,
by any oreditor of the InsuredI (J llife w'lder any \;rit or!proceeding
at law or in equity.
B.1.During the lifetime of the Insured's wife,the
Trustees ehall hold the principal of Ii'Ulld lIB"as one fund and
shall p~the net incomo therefrom to the ulsurod'a wife,LOIS F.
GUTHRIE,or for her benefit,wId/or to or for the benefit of the
Insured'8 children in such pro})ort~.ons and at such time or times
as the'Trustees,in their sole dlseretiont deem advisable.In
addition,during this pEriod of thf;trust,the Trustees are
authorized to pay and distribute to the InGllrod's Wife,LOIS F.
GUTHRU:,or for her benefit,or to or for tho benefit of the,
Insured's children,60 much or'the prinoipal of Flllld "1311 as the
Trustees,in their solo discretion,deem advisablo for hor and/or
thoir oo:nfort,maintenance tlnd support and in the case of the
Insured's children,for their cooplete education,inoluding pre-
paratol1r,college and poat-graduate or profecsionnl training,and
.i
to aid her and/or them in the event of any c1rc~~Btanco or
condition affecting her and/or thom whorein money is needed,such
dlGburse~ents to include thoso deemed necessary by the Trustees to
i
aid ~child of tho Insured to purchase or build a home,to
purohase n business or business intorest considered 8 gqod risk
by the Trustees and/or to aid hi.'l1 or her at the time of his or
I
her marriaGc,provided,however,that any dishurso:Hentsfcr
these latter purposes Elhall be chnrged lHJ an advancement;E.gainst
any'share hereinafter created for such child or for his or her
I
ieauo.It is the Insured's intention to authorize,by tho terns
of this Gub-paragrnph,unequal distributions of income tind/or prin-
cipal as made in the 8010 dir;crdioD.of the Truateoo.
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2"Upon the dea.th of t.h~Int:J'Urcd's wife ,I lOIS F"
GUTHIUE,during the period of trust S{tt forth in the preceding 6ub-
paragraph,or upon the doeth of the Iiwurod in the event his
wife frails to SUl'vive hbl,the princ:l.l)~l of Fund "B"then 1n tho
hands of the Trustees,shall be held and/or distributed in
accordanco with the following provisions:
8"The Truatces shall hold the principal of
Flmd fiB"as one fund and shall pay the net income ther$from,in
quarter-annual instalbnentsj to or for tho benefit of the issue
of the Insured living at tho dato of each quarter-annual income
p~ent.per atirpes;such payments to continue until the
,
younGest child of the Insured alive at the time of any quarter-
annual 1ncome paJ~ent attains the ago of t~enty-one (21)years.I
Further,during the period of tb:o th.."\t.the income from Fund "B"
ia being so distribut~]the Trustees are ~uthorized to 'pay and
distributeto or for the benefit of the Insured's iosueso much
of the prinoipal thereof as the TrusteoD deem ~dvlsabl~for their
comfort,maintenance,support and cO!.1plete education.including
preparatory,college and post-graduate or professional training,
and to aid any of them in the event of al~circumstance orI
condition affecting them wherein money is needed,with no duty
to equalize the said payment,s of principal to or for the benefit
of the Insured's iSBue"In addition,the Trustees are authorizeq
to disburse 80 much of the principal of F'und "Bu as they deem
advisable,in their sola diccrction.to aid any adult child of
ItheInsuredtopurchaseorbuildahome,to purchase a business
or busiuesaintercst considered s good rick by tho 'rrust~es,and/or
to aid him.or her at the time of his or her n!lXI'lage,provided~
however,that any B110unt so disbursed shall be charged g;s nn
advance~ent against coy share later created for that child or for
his or her issue.
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b.As nnd \o!he.l1 the yoUnfjf'st child of the Insured,
alive at the time of.any given income poymcmt.,attains tho age of
twenty-one -(2l)years,or at the death of the survivor;of the
Inaured'8 children,\lhic.b.over is tho earlier event following the
death of tho Inaured'3 \life,the Trustees shall divide the prin-
aipsl of Fund "Bit then in its hands into as mtll1Y equal shares sa
there are children of the Insured,if any,11'ring at the time for
this division and/or children of the Insured then deceased with
i~3Ua of them then surviving.In making this division the Trustees
shall charge agAinst the shares oreated any principal diebursed
as an advanoe~ent to any child of the Inoured under th~provisions
of Paragraph a.abovc.
(1)One of such equal shares shall be held
for tho use and benefit of each of the Insured'a then living
children and the Trustees shllll pay to each r,;uch child of the
Insured,in quarter-annual installments,the net income.from his
or her share of FundllBll for and during his or her lifotime.
Following the division of Fund "Bll into shares and notwithstanding
the foregoing provisions of this Bub-pa.rabTaph,each child of the
Insured as and when he or she attains the age of twent~five (25)
years,shall huve the right to withdraw one~thh-d (1/3)I of the.
then remaining principal of his or har share of FtUl.d "BlI,,
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absolutely and free of trust,and aa and when each child of the
Insured attains the age of t¥lonty-eight (28)yet:ra,he or she
shall have the right to withdraw one-half (1/2)of the then
remaining principal of his or her shore of Fund "B"!i 6b$olutely and
free of truot.As and when each child of the Insured a~tains the
ego of thirty (30)years,he or ahe shall have the rifht to with-
.draw any und all balance of tho then re~aining principal of his
01'her chl'lre of l'und "BlI,nb:301utcly £lIld free of trust.In
nodition,the Tru.stees oro authori'Zed,in their Dole dillcretion,
fro:-n t5.:na to til:lO,to disburol3 to or for tho belV)fit of ,the
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shm-es of Fund "B"ns 'the Tru::)"~eGs dC'em udvicl.1tlo for thctr
.comfort J maintenanceJ ('UPP01~t and cOl"nplete education,including
preparatory,college And post-~'aduate or profossional ,training.
The Trustees are further authorized to disburse from their
I
respective shares so much of tho principal thereof as the Trustees
deem advisable to aid the Insured's children in the event of any
illness,injury or other emergency or condition affectipg them
or any of them wherein money is needed.
(2)One of such equal shares shall immediate-
.i11vestinandbedistributedtothethenlivingissue,per
stirpes;of each deceased child of the Insured,such di~tribution
to be absolute and free of trust,subject,however,to the
minority provisions hereinafter set forth.
"In the event any child of the In'sured
diee during th~separate trust heroin created for his or:her
.benefit leaving issue surviving him or bel',the Trustees shall
p~and distribute the remaining principal of his or her share of
Fund liB"to his or her then living issue,per stirpes,absolutely
and free of trust,Bubject,however,to the minority provisions..i
hereinafter set forth.In the event there shall be no issue
:
surviving him or her,the Trustees shall divide his or her share
into as many equal parts as there shall be children of the In~
aured living at the death of such child,and children of the
Insured then deceased but leaving issue them surviving.One of
said parts shall be held in trust and/or distributed to each of
the Insured's then living children as an addition to his or her
original share hereunder,and one of said parts shall be
distributed absolutely to the then living issue of any deceaGed
child of the Insured,per stirpes,SUbject,however;to the
mLiority provisions hereinafter set forth.
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c.If,at the tiJl10 distribution 1a to be mnde hereundor
in aooordnnce \1lth the foregoing provisions none of the persons
named or descritcd above is livulg to take the principa~of Fund
rtB",the then remaining principal of Fund liB"shall be paid and
dlstr1.buted one-half (1/2)to the Insured's then living:heirs
and nro..-t of kin,and one-half (1/2)to the InGUred'a \life's then
l1viDi~heire and next of Idn in accordanoe 'W1.th t.he intestate
!
1a\l8 of the Corr.:Lomiealth of l'ennsylvama in effeot at the tL-no of
the Insured's death.
ARTICLE II.T&lHS AND CONDITICNS.
A.Neither tho principal nor the inoome of rtind nB"
shall be liable for the debts of any benefici,ary hereunder,nor
shall tho Brone be subjeot to seizure or attaohment by any
cred1.tor of a.ny bcneficicu7 under nny "'Tit or"proceeding at law or
in equity,and no beneficiary hereunder shall have anYiPower to
sell,assign,encumber,or in any manner to anticipate or dispose
of his or her lntercst in Fund "B"or in the income produced
i
thereby.
B.If any beneficiary not hereinabove specificall1
provided for who is entitled to roceiva a shure of the principal
of the trust estate shall be a minor,the Trustees are hereby
authorized and empowered to continue to hold and managb such
sl~e for the benefit of such minor during hiG or her minority,
and the Trustees shnll aCmk~ulute all or any part of the lnc~ae
from auch rJinor's ohare or pay so muchthereof,together with such
.umounts of tho prindpal of his or heT shara of the trust estate
as it shull dc~~proper for his or her ~Jucation,~uintenance and
welfr.ra.In the dit;burtlcment of funds directc-d to be paid to
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or for the use and benefit of any benefic1nry ~ho ahnll be a
mnor,the Tront-ass may make pa.y::nant of the sa,":1\)to 'i:.he parent,
of;that minor at the tirr,9 Ruch paymentfol are made,tc be u.oGd for
i
the education,mainten:mca and .support of such ruinor t but without
,
liability on the part of the Trustees to see to the application
of said payments by the payee,and the roceipt of er.y such person
shall be a full acquittance of the Trustees as to auy amounts
so paid,or th~Truateee ~ay make pSi'mont of the a{}l·v.~directly
to or for the benefit of such minor benef:~ciary.This shall be
construed as a power only and shall not operate to 3uopend the
absolute ownership thereof in ~uch ulnor,nor to pr3vent the
absolute vesting thereof in such minor.
ARTICLE III.l'lB TRUSTEBS SHALL I-LWE:THS FOLLOtlING PCYdERSx
A.To retain as an inves~nent for the trtmt estate,
without any duty of diversification,uny and all proparty,real 01'"
personal,receivod by the Trustees.
B.To invest and reinvest the tru~t estai-,e 1n such
stocks,bonds,mortgages,:Jecurities or ot.her property',real or
personal,as it may believe advisable,.without being limitod to
the classes of securities or investments in which ~xustees 8~
authorized by law to invest trust funds.
C.To sell any and all real estate held e.s a trust
asset,at such times,at public or private sale,for such prices
and upon auch terms as it shall believe advisable,and to make,
executa and deliver any deed or deeds therefor,conveying title
thereto in fae simple absolute,or for any less estate to'any
puroha.ser or purchasers,f"t'Ged and dischnr~"'ld of e:ny and ,all
trusts hereunder.
D.To sell,axchltnge,lease,encumber,opt,ion or
otherwise di~pose of all or ~lY portion of the trust estata in
such manner and upon such terms BJ:'ld c.ondi tlons as it ::;hall b&licve
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of these powGra.
E.To make distribution of the trust estato to nnyperson
entitIed theroto in kind.in cll:Jh,or partly in kind a.rid partly in
cash,as it shall believe e.dvlsable•
.F.To purchase as a.n inveatoont for the trust ostate
any securities or other prope~ty,real or personal,belonging to
the estate of the Insured,and to hold the same for such period of
time a.s the Trustees believe advisable,Yi thout ]labUlty for any
depreoiation in the value theroof,or,in their cole discretion,
I
to make loans,secured or unsecured,to the Insw'cd'B astate
without liability for the nonpaymi3nt thereof.
G.To register or carry any investments held:by them
hereunder in their ow names or in the names of a nomiz:1ee or
nomineesJ proviJ.ed,hO"lover,that all such inve;~tmimts shall beI
so designated upon the records of the Tru3tees that the trust
.1'to which ther belong shall appear clearly at aj.l t1111elJ~
H.To vota any and all stock held in the trust estate
and to participate in any reorganization or merger of companies or
corporations whose stock is hald in the trust estate.I
Ie ropay from the principal of the trust estate,if the
Insured's Executor 1s unablG to comply with the direction to
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pay such taxes from the residue of the Inst~ed'D testamentary
estate,M.y Fedoral Estate,State Inheritance,or Esta.te and
Succession TtU6S imposed upon or with rospect to th3 Insured's
,
Estate passing under the Incurad's Will or otherwise,at such
.time or times as it deems advisable,and no such tax GO paJd
shall be collected frOID any bsneficiary hereu.:1der or tmder the
Insured I S \~nl by·\>lay of apportionmsnt or proration.
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.advlaablo,any buslnEH)s or buslnenlJ lnt-eroot which the Trustees
.',
may receive from the Insured 13 Exocutor a.ndto retain the Barns
in kind so long as it 1s doem3d advisable as an Et3f:1St of the
trust estate.The TrUBteoa ohall be entitled to adequata and
reasonable cOIllpenaaUon for their aervico3 ill connection \lith
I
the operation of any 6uch business or b\w1ness intere~t in
addition to the a~)unt6 usually ~warded trust~es in connection
with.the administration of t.rust o~rtatou.During the:period of
time that any such business or business interest is so operated the
Trustees are autho~ized to dol~gato to any person or persons they
,
may deem advisable the full rosponsibility for the management
I
and operation of the business and the Trustees may incorporate such
businsas if thay deom it is the best interest of the trust estate.
As and 'Whan the Trustees detHQ it advisable any such b\lsiness or
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business interest may be sold and liquidated upon such terms and
conditiona and to such person or parsons,COfpo;)!'ation,or corpor-
atlons as th\1 Trustees deem advisable..The Trustoea aI'e author-
ized to oorro\!from the Insured I s estate,from the trust estate
or from any other source,whatBver money or moneys the Trustees
deem advisable for the best interest of the Insured 1s'bus1nsss
or business interest of the trust estate.The Trustees shall be
without liability for any loss arising from or occasioned by
.the retention ~r operation of such business or business interest.
K.The aforesaid powers shall be exerciB~d oy a majority
action or decision oftha Trustees.
L.In the eVGnt a Truntee dies,resigns or for any
other reason does not desire to act as Trustoe under tho tornn
.of this Trust 1..grdement or is unable to act as Trustee for any
Nat,On whutooover under the terms of th1a I'rutt }'D'(Hlment,the
vaClU1CY shull b03 filled by the romaining Trunt.oes.III the
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Trustee than the successor 1rustee shall be appointed by the
.rudgo of the Orphans'Court of i~(.wb1ngtcn County.fcnn:Jylv£lnia.
.-_.r
Jllil'IGL£IV.IItisagreedthatthoTrusteesshall in no
"'lay be bound to PllY the prcmiu)1',,'3 on any policy orpolic1.es payable
herounder,nor to see that any I.'!uch policy oX'pol:tciea ar.a kept
in for.co,its obligation rogarding the policies during tho
I
Insured I s lifetime being confined to the safokeeping thereof.
ARTIGL&V.A.The Insured reserves the right during
his lifetime to revoke,alter or amend thi3 Agreement,in,whole
or in part,by serving written notification to that effect on the
Trustoes.
B.All benefits,privileges and options
accruing or availa.ble under any of said incurance polieis's prior
to tha death of the Insured,including any right reserved in any
of said policies to the Insured to change the beneficiar~thereunder,
to convert the said policies into other forms of policies"to
bOUGH in accordance with the terms of said policies,to pleuee,
hypothecate,sell or assign tho same or any of thom,anJ to
reoeive and collect all divid(jfida and other payments,and t!lO
Iproceedsofmaturingpoliciosshallbeforthesolebenefit of the
Insured and shall not be subjoct to this trust.If the Insured
changes the beneficiary under any of said policies or suprenders
any such policy for its cash surrender value,such aot s~all have
the effect of revoking this trust with respect to the policy or
policies so changed or surrondered.
c.It is also expressly understood .and agreed
I
that a.ny or all of the pollci,,:s depos!ted unJ~1"the term.s;of
this Aeraoment may be assigned by the Insurod for the purpose of
I
optainlng a loss on the sald policy or policies,and tha.t upon tho
InsU!'nd's request,the 'l'ru3tees,as oonoficiariCls n~,!'13d in any or
all f:'Hcles doposi tod hereunJer,may join in such fl~sie:1:rent to
[i:1Y ir..:l:i':Llu,~l,fG.rt!iE::::-chip,c0rpcrn.tion or t.3Bocict1.on,1,,:11 in
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D.Upon rooeipt of ~Titten roqu~6t from the
Insured,the Trustcea f,;hall '00 bouni to ckl.l.vl;l"to th(}Innured
any policies in their pOGoess1on and to roftssign to the Insured
any polioies theretofore assigned to it.
Eo The Insured ahall have the right to
inolude wi thin this Agreement other lifo and/or acoident insurance
.policies 1.n addition to those described.in .sch.odule "All attached
hereto.
ARTICLE VI.The pa~ent by an insurance company of the
proceeds of any policy of insurance to the TrusteQssha11 be a full
discharge of said insurance cOD~any on account of such \policy,
and such insurance company shall in nowise be responsible for the
proper discharge of the trust or any part thereof.
ARTIGL£VII.The 'frustees shall be responsible for the
proceeds of the policies only as,if and Hh~n pej,d to the Trustees,
end the Trustees shall not be liable to anyone i:t"for any roason
the policies,or any of them,shall lapse or otherwise be uncoll-
ectible.Except at its o~~option,the rt'ustaes shall not enter
into or maintain any litigation to enforce payment of tHe policies,
or any of them,until they shall have been indemnified to their
satisfaction against all expenses and liabilities to which they may
ill their judgment be Bubject by such action on their part,but the
'ITrustees~~y utilize the proceedo of any policy to meet expanses
incurred in connection with enforcing payment of any other policy.
ARTICLE VIII.During the lifetim9 of the Insured,tho
Trusteos shall recoive no compensation for their £ervices here-
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under0 Following the insured's death,the Trustees shall 00
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entitled to deduct oach yenr as com]7cnsEltion for thoir oervices
hGraunder,five (5%)p~r centum of the gross incoroo of tho trust
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estate,and in addition,a rO:l30nablo annual fee based on the
market value of tho principal of the trust estate,~luch foe shall
be in accordance with tha then prova.iling rate of cOillpensation
charged by the Trust')es for like services,and wh_~.ch feo shall be
paid from income.
IN WITHESS \~H£'REOF,The InmJXed has horotmto s~t his hand
Iandsealandthe'l'rustaes have c8.usod this Agreement to be executed
by their hands and seals as of the day and year f:l.rst above
vritten•.
I
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WITNESS,
WITNESS'
Gene .1Isrsh
.Hilo V.Hhite
INS'UREDl
TRUST£ES:
b/Lois F.Gu.;:.;~ru-~i~e-+(SEAL)
"",L,;.;.sI..~A,;;.;;r_c~1L_i.;;;.o _~.:;o;.~:-_•..;~.,;;;a;.;;;l....lG;;;,,;'n;;.;d;.;:$;.;.r~.1-.;;.;J r;;.,o {SEA.L)
!,
tee E.Bezle LsI Florence P.S fl {(Ii e ?rz ''/
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Policy No.
't.r2516799i~Ji7
18226704:'
19338207
1.384254
SCHlIDULZ "Ali
Company
Hstropolitnn Life Insurance (;omlJany•!
Hatropo1it<ln Life Insurance Gompany
Prudential Insurance Gorapany
Franklin Life Insurance Company
J\mount
$30,000
7,500
10,000
10,000
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j
IN THE COURT OF COMMON PLEAS,WASHINGTON COUNTY,>PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
Estate of
Clarence F.Guthrie-
Life Insurance Trust
)··)··)No:411 of 1970··)
DISTRIBUTION RECEIPT
KNOW ALL MEN BY THESE PRESENTS Thdt I,the undersigned
R.A.GWENNAP,do hereby acknowledge to have received of and
ifromLoisF.Guthrie,Florence P.Carberry and Ar~hie B.Callender
Jr.,Trustees of the Life Insurance Trust created by the late
Clarence F.Guthrie,the sum of $80.00 distriibutable to me under
the Decree of Distribution dated June 22,1~73,and file to the
above number.
IANDIdoherebyauthorizeanddirect the Register ofI
I
Wills to file this Receipt among the records and note it upon the
I
docket.
WITNESS my hand and seal,intendi~g to be legally bound
this;;L1 day Of__~__~_.~~__,1973.
~~~(SEAL)
R.r A.G\VENNAP,C.P.J.{J
WITNESS:
,."..'
'.
.,'/',
'.),
'.
.,
--------
.,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
Estate of Clarence F.
Guthrie -Life Insurance
Trust
Deceased.
)
)
)
)
)
)
No.411 of 1970 A.A.
DISTRIBUTION RECEIPT
KNOW ALL MEN BY THESE PRESENTS,That we,the undersigned
McCREIGHT,MARRINER &McCREIGHT,do hereby acknowledge to have
received of and from Lois F.Guthrie,Florence P.Carberry and
Archie g.Callender,Jr.,Trustees of the Life Insurance Trust
created by the late Clarence F.Guthrie,the sum of $2046.21
distributable to us under the Decree of Distribution dated June 22,
1973 filed to the above number.
And we do hereby authorize and direct the Register of
Wills to file this Receipt among the records and note it upon the
docket.
WITNESS our hand and seal,intended to be legally bound
this Z'o day of C2/~~,1973.r/1
McCREIGHT,MARRINER &McCREIGHT
,'
f
,
IN THE COURT OF COMMON PLEAS,WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
,~"
IN RE:
Estate of
Clarence F.Guthrie-..'.
Life'Insurance Tr~'s("
~•~~.'~f,'~
,""1'r
)
··)
·)No.·411 of 1970
~··)
,,,,.'
KNOW ALL MEN BY THESE~PRESENTS'That I,the undersigned
~'.'f'FLORENCE P.CARBERRY,do ~~reby ackno~ledge~to have received of
and from Lois F.Guthrie,Florence P.Carberry and Archie B.
Callender,Jr.,Trustees of the Life Insurance Trust created by
the late Clarence F.Guthrie,the sum of $756.09 as Trustee Com-
pensation distributable to me under the Decree of Distribution
dated June 22,1973,and filed to the above number.
AND Ido hereby authorize and direct the Register of
Wills to file this Receipt among the records and note it upon the
docket.
WITNESS my hand and seal,intending to be legally bound
dL~wf?£~(SEALFlorenceP.carberrY
WITNESS:
L-------l.!.....--.l._
-~-------_..-----
•f
.....
,f
"
<'•
•'Ii 1J,i_
c...,(,.
iINTHECOURTOFCOMMONPLEAS,WASHINGTON COUNTY,
.....'tr .,~.I ~,.1 ' .~i..
(t'':(ORPHANS'·COURT ·DIVI·SION
i
PENNSYLVANIA
t '.":!,t'
~~j.;,
IN RE:
Estate of
Clarenge F.Guthrie-
Life Insurance Trust
)
··
'.)·)No.'411 of 1970··)
DISTRIBUTION RECEIPT!
KNOW ALL MEN BY THESE PRESENTS Th~t I,the undersigned
FRANK C.RONEY,do hereby acknowledge to have received of and
!
from Lois F.Guthrie,Florence P.Carberry and Archie B.Callender
I,
Jr.,Trustees of the Life Insurance Trust created by the late
Clarence F.Guthrie,the sum of $1,000.00 distributable to me unde
the Decree of DistribUtion dated June June ?2,1973~and filed to
the above number.
j
AND I do hereby authorize and direct the Register of
Wills to file this Receipt among the records and note it upon the
i
docket.
WITNESS my hand and seal,intending to be legally bound
this~ay of ~(f----'1973.!
Franii'Tney ,Esquire //
WITNESS:
....'jo...
,#..,f t!
"
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I ' •
'!".-'
· t ,;,~
,~.
'i I~,...~.~,q.\'~f
IN THE COURT OF COMMON PLEAS,WASHINGTON qOUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
Estate of
Clarence F.Guthrie-
Life Insurance Trust
).
).~
)No.411 of 1970
)
DISTRIBUTION RECEIPT
KNOW ALL MEN BY THESE PRESENTS That I,.the undersigned
iARCHIEB.CALLENDER,JR.,do hereby acknowl~dge to have received..
of and from LoisF.,Guthrie~Florence P.Carberry ~nd Archie B.
,'~~,.\0<;.•i:'
"_'\,r ,,''..'I ".,.~'t·';l "';"1 ~iCallender,Jr.,'Tru'~teeos.of'the,L~f~:.;~nsu~alJc.t::'l:,r>u~t,cr~fited by
•~l ..,__•
the late Clarence F.Guthrie,the sum of $756.09 as Trustee Compen
,.
sation distributable to me under'thep De'creearld Distribution dated'..~•fF-•
"t"ill J fl"l ~'"
June 22,1973,and filed to the above number.
",i .~Y',I ~.
AND I do hereby authoriz~'a~&dirg~t the Register of
Wills to file this Receipt among the records and note it upon the
docket.
WITNESS my hand and seal,intending to be legally bound
this..2.cLday 0 f_--.:..\",....Ju(J.<4r-'i~,1973.
I,It''dA6c-:aUo111",-~.&,-i SEAL)
4rchie B.,Callender,Jr /.
I
WITNESS:
IN THE COURT OF COMMON PLEAS,WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
Estate of
Clarence F.Guthrie-
Life Insurance Trust
)
··)
·)··)
No.411 of 1970
DISTRIBUTION RECEIPT
KNOW ALL MEN BY THESE PRESENTS that I,the undersigned
LOIS F.GUTH~IE,do hereby acknowledge to have ~~ceived of and
from Lois.F.IGuthrie,'Florence;Po'Ca.;raberry rand Archie B."
,'..'.''_',"••• (.~,..._"t ","~,..',,.',
Callender,Jr~,T~ustees of the Life Insurance Trust created by
4'f t ~
under Decree of Distributiori'~atedJuri~~2;'1973,and filed to
the late Clarence F.Guthrie,'the following sums distributable.'
the above number;)I ....
:>
TRUSTEE COMPENSATION -756.09
TUITION EXPENSE CLAIM -?,114.08
Balance of ,income per Decree 1ess'$6,998.1l "cost"
value of 601.262 shares of Boston Foundation Fund distributable
in kind $33,041.49
TOTAL $35,911.66
AND I do hereby authorize and direct the Register of
Wills to file this Receipt among the records and note it upon
the docket.
WITNESS my hand and seal,intending to be legally
bound th1s~ay of ~
IN THE COURT OF COMMON PLEAS,WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:)
··)No.·411,.of 1970·
)Life Insurance Trust
·
'-..--....~--4..I----~-J,;F.,..;;~~l-Ut:•.au_~~.~~~A.~~...,""-""':'''"''''...~-.....~~::.--
Clarence F.Guthrie-
DISTRIBUTION RECEIPT
KNOW ALL MEN BY THESE PRESENTS Th~t I,,the undersigned
~•..'f ,....,:JFRANKA.CONTE,db ~er~by acknowledge to ha~e received;bf and
":~'~I..I:.~4 ',•."\.-...•t."\~.
{from Lois F.Guthrie,Floren~e P.Carberry and Archie B.Callender
Jr.,Trustees of the Life Insurance Trust created by the late..~,<.:.~,
Clarence F.Guthrie,the sum of $125~OO~dfstributableto me under
,'.7;Z-,~,the Decree of Distr~bution;~"at.ed ..Jun.e ~H19.73,and filed to the
above number.
AND I do hereby authorize and direct the Register of
Wills to file this Receipt among the records and note it upon
the docket.
WITNESS my hand and seal,intending to be legally bound
thi.."drday Oft!'-~~':""'~::::"'-------'1973.;
~~/..F~~~:~·~=-=~~_(SEAL~~Conte,Esquire
WITNESS:1
~~!!l~~_
-,
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
Estate of Clarence F.
Guthrie -Life Insurance
Trust
Deceased.
)
)
)
)
)No.411 of 1970
)
)
)
)
DISTRIBUTION RECEIPT
KNOW ALL MEN BY THESE PRESENTS,That The Union National
Bank of Pittsburgh,successor trustee of the Life Insurance Trust
created by the late Clarence F.Guthrie,does hereby acknowledge
to have received of and from Lois F.Guthrie,Florence P.Carberry
and Archie B.Callender,Jr.,predecessor trustees thereof,the
sum of $67,216.24 on account of the principal distributable to such
successor trustee under the Decree of Distribution dated June 22,
1973 and filed to the above number.
And the said successor trustee does hereby authorize
and,direct the Register of Wills to file this Receipt among the
'.
records of sa'ld esfat~;and .to note'i ti upon the docket.~..".~I~NE~S.~he '~uee~ecution 'h~reof this ),f~day Of(U
1973.~
·'.
)'ICS;PRESIDENT
BY t..L.--:.---7"'!-'+-_r
J .~",\'.TiIE UNION NATIONAL BANK of PITTSBURGH
IN THE COURT OF COMMON PLEA~,WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:
Estate of
Clarence F.Guthrie-
Life Insurance Trust
)··)··)No.411 of 1970··)
DISTRIBUTION RECEIPT
KNOW ALL MEN BY THESE PRESENTS Tha:t I,the undersigned
FRANK'G::.'C:ARROLL,do hereby acknowledge to ha,ve received of and
from Lois F.Guthrie,Florence P.Carberry and Archie B.Callender,
Jr.,Trustees of the Life Insurance Trust created by the late
I
Clarence F.Guthrie,the sum of $500.00 distributable to me under
the Decree and Distrib~tion dated June 22,1973,and filed to the
above number,.
AND I do hereby authorize and direct the Register of'
t ~>.~r .'4
i"f ..il'~:l~,.,-,l'
-'.~~,),i'"
,I
U~~~~~~~~-:--__(SEAL )Esquire
"./'
Wills to file this ~~ceipt among t~ere~ords and note it upon,.
the do'cket'.,,~~,",'
"I ..f .,t :"..•i,l'...~....
•~ITNESS my h and seal,intendin~to be legally bound
t his ;6day Of_~'~~,--,=,,-
....,.,.
IN THE COURT OF COMMON BLEAS OF WASHINGTON COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
Guthrie -Life Insurance
Estate of Clarence F.
No.;411 of 1970i
IN RE:
,.Trust..'
I...'..-
I.Deceased,.
"
)
)
)
)
)
)
)'
).';,
),~.~'..~
)DISTRIBUTION RECEIPT
KNOW ALL.MEN~nY THESE PRESENTS,That I,the undersignedI..f
LOIS F.GUTHRIE,do hereby acknowledge to have received of and from
Lois F.Guthrie,Florence P.Carberry and Ar6hie B.Callerider,Jr.,
trustees of'the Life Insurance Trust created'by the late Clarence, I
F.Guthrie,the sum of $1,298.46,consisting:of the interest dis;;.,";
tributed from the savings accounts of said Trust from April 1,1973
to the date hereof less an item of administrative expense as follow
Mt.Lebanon Federal Savings &Loan
Association i
First Federal Savings &Loan
Association of Washington
The Union National Bank of
Pittsburgh
Total interest
State Street Bank &Trust Co.-
Stock transfer charge
Net received
$126.08
195.73
979.15
$1,300.96
$1,298.46
'I
And I do hereby fully and finally'release the above-
named trustees of and from any and all liability in connection with
the said savings accounts,and approve the administrative charge
deducted therefrom and authorize and direct the Register of Wills
i.
..,t •II
to ~i1e this Receipt among the records of said Trust and note it
upon the docket thereof.
WITNESS my hand
this~ay of 9lf'1
,
and sea1~intended to be 1e~a11y bound~
~1973.
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J
McCREIGHT,MARRINER &McCREIGHT~U1f1f~1Rl
ATIORNEYS AT LAW
520 WASHINGTON TRUST BUILDING IN REFERENCE TO:
WASHINGTON,PENNSYLVANIA 15301
1-412 -225-6600 G LJ·'-';.i;:e,;e;.6~orlE
AIRMAIL 0 FIRST CLASS MAIL 0 INTER-OFFICE V
I I
HOW TO USE THIS
FOR ~y ~vrh1~"'.J E"6ty.~LETTER TO SAVE TIME,
Type or write your reply in the space below.Then mail
the white copy to uS and keep the pink copy for your files.
Yau'lI save time and effort.and we'll have your answer
much faster!Thank you.
I ,I :$..--L-V,Yt'I:::1 :.~;.iL,,\Y/I
DATE '-Z'~'-'3 DATE
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Pf~~~~;~~"J.~.~~...t~~
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SIGNED 0..."SIGNED//r ,.-,
I
REORDER FORM No.7010N.DAY·TIMERS,Inc.,P.O.Box 236B,Allentown,Po.IBOOI
J
WASHINGTON,PA..--=S:....::e:....cp:....:t:....::e=m:.:..:b=-.::e::..::r~l=l~,----=1.L.9..L.7.=.2_
Clarence F.Guthrie Trust
c/o Mr.Archie B.Callender,Mrs.Florence
P.Carberry and Mrs.Lois F.Guthrie,Trustees
ATTORNEYS AT LAW
S20 WASHINGTON TRUST BUILDING
TO McCREIGHT.MARRINER &McCREIGHT.DR.
I!IRS #25-1085730FileNo.3028
IToprofessionalservicesrenderedandcostsadvanced to
and including September 13,1972 on behalf of Clarence F.Guthrie
Trust (exclusive of special services rendered and costs advanced
in connection with Petition for Review and subsequent litigation
relating to the probate estate of Clarence F.Guthri~,Deceased),
as follows:
Services,including routine consultation and advice in
connection with tax returns,preparation of U.S.Fiduciary
Income Tax Return for 1971,preparation of Pennsylvania Fiduciary
Income Tax Return for 1971,preparation of First and Final
Account,including apportionment of mutual funds distributions
1962-1972 under the rule of Brock Estate,preparation of Audit
Petition and accompanying exhibits,preparation of r~signation
of Trustees and request for appointment of successorl Trustee,
preparation of Notices and all other services to andl including
appearance at call of AUdit,including all incidental corres-
pondence,conferences,research and miscellaneous services (40
hours)-----------------------------------------------------------$1,400.00*
Costs advanced:i
IRussellMarino,Register -filing Account--------20.00
I
Notary Fees-------------------------L------------2.50
$1,422.50
*Subject to approval of Court
JCM:mb
1_'-------'-----_
---._--
IN THE COURT OF COMMON PLEAS OF WASHINGTON,COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
IN RE:FIRST AND FINAL ACCOUNT)
)
OF TRUSTEES OF LIFE )
)
INSURANCE TRUST OF )NO.411 of 1970
)
CLARENCE F.GUTHRIE,)
)
Deceased.)
PLEASE TAKE NOTICE that ARCHIE B.CALLENDER,JR.and
FLORENCE P.CARBERRY,two.of the Trustees under 'Revocable Life
Insurance Trust Agreement of CLARENCE ·F.,.GUTHRIE·,dece'a:sed,,'has
today filed their First and Final Account in the Office of the
Register of Wills of Washington County,Pennsylvani,a,to No.;'411:
of 1970,and that the same will be presented to the Orphans'
Court of Washington County,Pennsylvania,for confirmation on
August 28,1972,and be called for Audit by the Court at a time
to be fixed by the Court during the week of September 11,1972,
when and where you may appear,in person or by counsel,and be
heard,if you so desire.
At the Audit,the Court will be requested,inter alia,
to determine attorneys'fees,to apportion court costs and attor
neys'fees between principal and income under Section 8111 (b)
of the Probate,Estates and Fiduciaries Code (Section 11 (2)of
the Principal and Income Act)to determine the amount and divisi n
of Trustees'compensation and any claims under or against the
Trust.It is anticipated that the Trustees will also request
they be permitted to resign as Trustees and request the Court
to appoint The Union National Bank of Pittsburgh as sole
Successor Trustee.
Washington,Pa.
July 26,1972
McCre~ght,Marriner &McCreig t
Attorneys for Trustees
i
!J
I______________________________--L-I