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HomeMy WebLinkAboutOC1970-0905 - ESTATE OF BAKERJ ~U t4e QIunrt uf Q!ummnu 'lens uf lIas4iugmu QIuuuty, Jruuliylnauia,®rp4uull'QIuurt i3ittililnU ESTATE OF No._-,9~O..:!.5_o~f~loJ.9...L7.:::..0 _ In the matter of the First al d Final Account of William G.Stewart,Succ Tr.&Julia Vickroy Weimer trust for Julia W.Kniseley now F/B/o Joseph Duncan Kn1seley Walter H.Baker,deceased The Union National Ba.nk of Pitt.!3burgh Surviving Trustee ADJUDICATION AND DECREE And now April 13 ,191L,this matter came on for hearing, audit and distribution at this session and testimony faken;and thereupon,upon due consideration thereo~the5~o.laAl.lfe for distribution in the hands of the Accountant is determined to be $o2,_!!r.'1l 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 distribution hereto attached and made a part hereof,unless exceptions hereto be filed sec.reg.or an appeal be taken herefrom sec.leg. SCHEDULE OF DISTRIBUTION Balance per account _$62,56l~.97 Additional credit asked at audit 17.0C 62t)6it..97 Balance _ Deduct Clerk's Costs &Receipt·:i-s _ Attorney ReX'Rowland wi th Buchanan.Ingersoll Rodewald Kyle &Buerger Contribution to ba.Iance account Joseph Duncan Kniseley,balance,inclUding 7730 shares common stock of Cyclops Corporation valued at $62564.97 subject however to the pay- ment of the Court Costs and administrative ex- penses due, I . : $62,547.97 ~8 ..oc $62,489.97 ~7(~/97'J.J l~·SgQ>o .lIn7t;.O"'~.noO~.(lJa.GJ.e. $62,564.97 No balance /" A~ju~itntinu nub ittttt ~~a ~'\- --- L. L... .'L" f~r ,C.'' I~~-., Y'iZ flPR I I -'~In I6Il<\It ~Ali,t .-RUS:~t:LI..b {..t-\i U0 GEG\S'f t.i"0F-';'/1LLS \>{">"'"Tn'}-0 OA."nA~riIN\';~!!\(;.,I IJ.. ("'r- ("""L......L- Form OC Div.91 lin t4t flatttr of t4t tstatt of Walter H.Baker,Deceased Julia Vickroy Weimer Trust for Julia W.Kniseley now E./B/O Joseph Duncan Knisel~oEAsED lJu 14e OOrp4aus91 mourt miuisiou of the vlASHINGTON Q!ourt of QIommo,"'leas of ~ <nnuuty Jl'nnsYllania No.,905 of 19.....:.l~0__ J I(nolU .All fltn iy W4tst lIlrtstnts.that I,Joseph Dunc~Kniseley , do hereby acknowledge to have received from The Union NatJonal Bank 0 f Pittsburgh Trustee the sull of (~~-THus'rEE-~ Securities having a value of $62,564.97 S:=u~bJl.j~ec~t~t~o:..,...:;Co::::.:ur~t~C..:::.o=-st.::.:s=---=an=d~__----.~IV'i;-----'($>)Dollars Administrative Expenses .75~,~0=0 62,489,97 I and --+-_ I I IinfulloftheamountawardedmeunderthedecreeoftheOrphans'Court Division of the CourtWashingtonI of Common Pleas of X~County,Pennsylvania,entered at the abbve number. And I do further authorize and direct the Clerk of rhe OrpLns.Court Division ro IenterareceiptontheAuditDocketinmyname,place and stead. IIltntss my hand and seal this eighth day ;·.()f -=M-"-i~:::....y'_____,19~_. --- Witness:0 ~"::5S-====~~~~.~SEAL) uncan Knisel-ey NO.905 of 19-7Q AUDIT VOL._PAGE__ mrrript ESTATE OF Walter H.Baker for Julia W. Kniseley for Benefit of Joseph Duncan Kniseley DECEASED -,"",,;--':: ., r'.,. .... :,;) ~.,.-. '"~r ..... .,,) :::E:::c r--;c: -0 I,CoJ>en ~:;:J :,0..r~f1 :uen(.->c': ~~~:~~~~ :;(T.'~' -1:-2 c· """---r;'",-.a :::::XJ J?ileci ~;:0 J?ee _ Attorney _ Address PENNSYLVANIA TRUSTEE ii I I IINDIVIDUAL I I I I ICOUNTY, I j I I No.9cD5 of 1970I PETITION FOR APPOINTMENT OF IN THE COURT OF COMMON PLEAS OF WASHINGTON ORPHANS'COURT DIVISION IN RE: THE JULIA VICKROY WEIMER TRUST (Trust Under Irrevocable Trust Agreement Dated June 18,1945) (No.2737A). Weimer is now deceased. To the Honorable,the JUdges of said Court:I I Your petitioner,The Union Nationdl Bank of Pittsburgh, by its attorneys,Rex Rowland and Buchanan,IIngerSOll,Rodewald, IKyle&Buerger,respectifly represents:I 1.Your petitioner,The Union National Bank of Pitts- Iburgh,is the corporate trustee under an irrevocable trust agree- I ment dated June 18,1945,between Walter H.IBaker,the donor,and your petitioner and Edward L.Stockdale as trustees. I 2.The said Edward L.Stockdale qied November 5,1969. 3.Paragraph 2 of the said trust [agreement provides iforthesubstitutionofDavidP.Weimer as do-trustee upon the IdeathofthesaidEdwardL.Stockdale,but the said David P. I I i 4.Paragraph 3 of the said trust [agreement provides that i in the event of the death of David P.Weimer "a new individual I !trustee may be selected by Julia Vickroy We~mer,the principal I beneficiary of this trust,if she is then l~ving,or if not living, i then by a majority of the other beneficiaries who are of age,but t in either case only with the approval of th~corporate trustee ! then in office." 5.The said Julia Vickroy Weimer lis not living and the ibeneficiaryunderthetrustisJosephDuncan Knisley or his issue. I Ilo.'•.. 6.The said Joseph Duncan Knisley is not of age. 7.Paragraph 5 of the said trust agreement provides: "If a vacancy occurs in the office of trustee,whether individual or corporate,and the beneficiaries entitled to select a suc- cessor as herein provided fail to do so within a reasonable time, or lack the capacity to do so because of minority,the vacancy shall be filled by a court having jurisdiction over this trust on application of the surviving trustee." WHEREFORE your petitioner,The Union National Bank of Pittsburgh,surviving trustee,respectfully prays in behalf of the said Joseph Duncan Knisley that this Court appoint William G. stewart as successor individual trustee under the said trust agreement. ~~SUbmitted'1:3-. -2- ~•,,.£I ..,', IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION IN RE: THE JULIA VICKROY WEIMER TRUST (Trust Under Irrevocable Trust Agreement dated June 18,1945.): No. ORDER AND NOW,~~~1970,upon consideration of the foregoing petition and ~ter hearing in open court,it is ORDERED and DECREED that William G.Stewart is hereby appointed as successor individual trustee for Trust. Weimer ... .. ", -.../- IN THE COURT OF COMMON ,PLEAS OF WASHINGTON COUNTY,PA. ORPHANS'COURT DIVISION NO.9'O.rrIQ70 IN RE: THE JULIA VICKROY WEIMER TRUST (Trust Under Irrevocable Trust Agreement Dated June 18,1945) PETITION FOR APPOINTMENT OF INDIVIDUAL.TRUSTEE ).:r'c..""? Co,.;(and:. -------, ORDER ) ••1 j)yIn'\,~, .f"\f :-'J/"0 ~I -- "'LW /\:-~C;-. \\,\;\.9-•.-_J-"'-- \ ",.!'}CJ .~;1';/(j\I~rl J .J : r-.,J 'vrv L .. " Rex Rowland BUCHANAN,INGERSOLL,RODEWALD.KYLE3cBUERGER 1800 OLIVER BUILDING PITTSBURGH.PA.15222 ,,:;J,3-0-fez 'v ,I • ~ 9 0 ;~//76 - IRREVOCABLE TRUST AGREEMENT------------~- r(This Indenture triplicate this -:::::::-Jg --::::::day ot -•1945.by and between ~TER H._~R.ot the Ci ot Washington,Washington County. Pennsylvania,herein oalled the "Donor", AND--- ~§LyNION_NATIONALBAmb_OF PIT~~,a corporation organized under the laws ot the United States ot America,having its prin- cipal office and place ot business in the City ot Pittsburgh. Allegheny County,Pennsylvania,and !!2!@D L.S!QQ!D..!!:!,ot Allegheny County.Pennsylvania.herein called the "Trustees". Whereas,the Donor desires,to c reate an irrevocable trust to be knoY'JD.as "The Julia Vickroy Weimer Trust",of the property hereinatter mentioned,and such additions thereto as are hereinafter provided tor,upon the terms and conditions and tor the purposes hereinafter set torth: Now,therefore,in .consideration ot One Dollar to him in hand paid and the parties hereto declaring their intention to be legally bound hereby,the Donor does convey,assign and transter unto the said Trustees and their sucoessors the property and securities set torth in Schedule "An hereto attaohed and made part hereot;and the property and securities so transferred, together with such additions thereto as may be made trom time to time,shall constitute t~e trust estate. TO HAVE AND TO HOLD all and singular the above-mentioned property and securities,together with any additional property and securities which may be added to the trust estate,unto the - 1 - ,,-' ct, said Trustees and their successors,m TRUST,NEVERTHELESS,tor the tollowing uses and purposes and subject to the terms and oonditions hereinafter set forth. I. SUBSTITUTION OF TRUSTEES-..............-- 1~There shall always be two Trustees in offioe to hold and manage this trust estate,one of the trustees to be an individual,and the other,a corporate tiduciary.The corporate trustee shall be a national bank or trust oompanyqualified to act as a fiduciary and having a oapital of at least $1,000,000 and a surplus of $500,0000 2~In event of the death,incapacity or resignation of Edward L.Stockdale,the individual Trustee herein appointed, .. David.P.Weimer,of Washington,Pennsylvania,sb.all,upon notice from the corporate trustee,be substituted in his plaoe and stead if at the ttme the said David P.Weimer is living,is not incapacitated and is willing to act as trustee. 3.In event of the death,resignation or incapacity of David P.Weimer,a new individual trustee may be seleoted by Julia Vickroy Weimer,the principal beneficiary of this trust, if she is then living and of age,or if not living,then by a majority of the other beneficiaries who are of age,but in either case only with the approval of the corporate trustee then in office. 40 Any oorporate fiduciary acting as trustee may be removed on ninety (90)dayst written notice by the said Julia Vickroy Weimer if she is of age,and after her death by the majority of the other beneficiaries who are of age,but in either ...2 ... case only with the approval ot the individual trustee then in ottieeo The person or persons entitled to remove the corporate l trustee are also empowered to select a successor,but only with the approval ot the individual trustee then in otficeo 50 It a vacancy occurs in the office of trustee,whether individual or corporate,and t.b9 beneficiaries entitled to seleot a successor as herein provided fail to do so within a reasonable time,or lack the capaoity to do so because ot minority,the vacancy shall be filled by a oourt having jurisdiction over this trust on application of the surviving trusteeo 60 The Trustees herein designated or any substituted trustees shall have the right to resign on ninety (90)dayst notice in writing. 70 When a new trustee is selected by the 'beneficiaries in the manner hereinbefore provided,tbe beneficiary or the beneficiaries making the selection shall file with the other trustee then in office a proper instrument designating the new trustee and accompanied by his or its aooeptance of the office; and such instrument shall'evidence the right of the new trustee to hold office and exercise the powers ot a trusteeo II. DUTIES .AND POWERS OF TRUSTEES----.----------- 1"0 The Trustees'shall receive,hold and manage as a trust estate all of the property herein aDd hereby conveyed to the Trustees,together with any other property hereafter added -:3 - to the trust,and shall pay all taxes,charges,commissions and other expenses of the trust. 2.The Trustees are ~powered to exercise,in their sole and absolute discretion,with respect of the trust estate as a whole before division thereof,and after division with respect to each separate trust created or arising hereunder, :) every right,power,privilege and discretion which the Donor himself could have exeroised,or which could lawflllly be exer- cised by any person owning similar property in his own right; and without intending to limit or restrict by implication in any way the generality of the foregoing grant of powers,speoific mention is made of the following powe~s and disoretions: a.To retain the securities or other property herein and hereby assigned and transferred to the Trustees as long as they deem it advisable to do so notwithstanding suoh investments lack diversifioation. b.To invest and reinvest the principal of the trust estate in stockS,both common and preferred,and bonds of oor- porations and such other investments as the Trustees deem advis~ able,without limitation as to the amount that may be invested in anyone security and without being limited to such invest- ments as are authorized for fiduoiaries under existing law or any other law hereafter made effective. 00 To distribute as inoome all dividends on stocks held in the trust,whether such dividends are paid in cash,in stock or in kind,e~cepting only liquidating dividends paid pursuant to a oomplete liquidation of a oorporation,it being the Donor t s intention tha.t the intact value of the investment - 4 .. • •., in stocks need not be preserved;to determine which receipts, other than d1 vidends,and disbursements shall be credited or oharged to principal,which shall be credited or charged to income,and which shall be apportioned between principal and ineane and the basis ot such apportionment;and their determin- ation in regard thereto shall be final and conclusive on all beneficiaries. d.To sell any securities or other personalty held in the trust estate tor such prices,upon such terms and in such manner as the Trustees deem advisable,and to execute and deliver appropriate instruments to consummate the sale. eo To purchase or otherwise acquire real property and to sell the same tor such prices,upon such terms and in such manner as the Trustees deem advisable,delivering deeds theretor with covenants ot warranty;and to use the general income or principal ot the trust estate to pay carrying charges ot real property and tor capital improvements thereon,if the Trustees deem it advisable to do so. f.To lease any real property held in the trust estate for such prices,upon such terms and for such length of time as the Trustees deem advisable. go To abandon,compromise or submit to arbitration,on such terms as the Trustees deem advisable,all claims in tavor ot or against the trust estateo h.To cause any securities which from time to time may be included in the trust estate to be registered in their names as Trustees hereunder,or in both of their names or anyone of their names without designation of their tiduoiary capacity,or -5 .. IL ..__._.._ •! f., in the name or names of their nominees,or to take and keep the same unregistered so that they will pass by delivery,and all without thereby increasing or decreasing their liability as fiduciaries. i.To borrow money for any purpose incident to the convenient administration of t he trust estate and to execute notes,bonds or other obligations therefor and to pledge or mortgage any assets of the trust estate as security for such loans. j.To vote in person or by proxy .pon all stocks or other securities;to sell or exercise stock subscription or conversion rights,participate in foreclosures,reorganizations, consolidations,msrgers,liquidations,pooling agreements and voting trusts and other corporate transactions of that nature, and to delegate discretionary powers in connection therewith. k.To employ counsel,and the Trustees shall be fUlly protected in acting apos the advice of counsel in matters per- taining to the trust estate. 1.To execute and deliver instruments or documents of any kind or character needful or necessary to exercise the powers and discretions herein conferred upon them. 3.In any situation in whioh the Trustees are required to divide the principal of the trust estate into parts or shares, or to distribute the same,they are hereby authorized to make division or distribution in kind,or partly in kind and partly in cash,and their judgment and dete~ination concerning the values for the purpose of such division or distribution shall - 6 - Ie be binding and oonclusive on all parties interested therein, provided the Trustees act in good faith. 4.The individual trustee is hereby authorized to delegate to the oorporate trustee authority to exercise any power or discretion herein conferred on the Trustees or vested in them by law,except the power to pay principal to the life tenant,or to the other beneficiaries before the times fixed for distribu- tion of their shares ot principal,and the power to make division of the trust estate;and to this end to exeoute and deliver from time to time powers ot attorney whioh may be either general or limited in their scope as to time and subject-matter.Any action taken by a trustee under and pursuant to such power of attorney shall fully and effeotually bind the trustee who gave it in the same way as it he had acted directly;and all persons dealing with the trustees in relation to the trust estate shall be entitled to rely on action taken upon and pursuant to such powers ot attorney and be fully protected thereby. 5.All the powers and disoretions vested in the Trustees originally appointed herein shall become vested in any sucoessor trustee or trustees duly appointed by the beneficiaries as herein provided or by a court having jurisdiction over the trusto 60 No trustee shall be held personally responsible to the beneficiaries for any action taken or omitted by him in the management of the trust estate or for any error of judgment, provided he has acted in good faith;and no trustee shall be held responsible for any act or omission of the other trustee. whether such other trustee is acting tor him under a power of attorney or on his own be~alf or in both capacitieso ..7 - On claims \..e '. arising either out of contract or tort,asserted by 'persons other than.beneficiaries against the trustees individQally by reason ot acts or omissions in the management ot the trust estate, the Trustees shall be entitled to tull indemnity out of the trust estate. III. DISTRlBUTION OF mCOME AND PRDlCIPAL.----...._---------- The Trustees are directed ant empowered to disburse the income and principal of the trust estate as tollows:- 10 To pay to or for tbe use of Julia Vickroy Weimer,grand- daughter ot tbe Donor,the whole of the net income in convenient periodical installments not less frequently than quarterly. 2~During the minority of Julia Vickroy Weimer,the Trustees shall disburse the net income ot the trust estate to or for her use without the intervention ot a guardian.,Such payments may be made for her account to her parent or parents to be disbursed by them annually tor maintaining a home tor her and tor her support, welfare and edueation.All payman ts made by .tbe Trustees pursuant to the provisions ot this paragraph shall constitute a full acquittance to them. 3.When the said Julia Vickroy Weimer attains the age of thirty years,the Trustees shall pay to her one....third of the principal ot the trust estate as it then exists,one-third when she attains the age of thirty-tive years,and the remaining one- third when she attains the age of forty years. 4.The Trustees in their sole and absolute discretion are -s - authorized to pay to or tor the use of the said Julia Viokroy Weimer portions of the principal of the trust estate before the times fixed for dis tribution of the principal as provide(l.in Subparagraph 3 above,whenever the Trustees are of the opinion that the inoome from this trust and her other resources are insufficient for her general welfare and needs~Such pewments may be made dur~g her minority without the intervention of a guardian in such manner as the trustees deem advisable,and all such payments shall constitute an acquittanc~to them. 50 If the said Julia Vickroy Weimer dies before she has reoelveddlstribution of principal in full,leav:l:ng issue to survive her,the undistributed portion of the principal at the time of her death shall be divided into as many shares as there are surviving issue and each share held and administered as a separate trust estate until the surviving issue respectively attain the age of twenty-one years,when the principal shall be paid to them free and discharged of the trust.If any of the surviving issue of Julia Vickroy Weimer dies before attaining the age of twenty-one years,the share of the deceased shall go /to increase the shares of the other surviving issue then living, and so on trom time to time as often as a death occurs.During the minority of such surviving issue,the Trustees shall pay the income to or for their use without the intervention of a guardian for their support,welfare and education,and all such payments shall constitute an aoquittance to the trustees. 60 If the said Julia Vickroy Weimer dies before she has received distribution ot principal in full without leaving issue to survive her,or if leaving issue to survive,all shall die - 9 - •it • before attaining the age of twenty-one years,the undistributed principal shall be paid in equal shares to the Trustees of the Amy Anne Weimer Trust and to the Trustees of the Walter Baker Weimer Trust if the said trusts are then in existence,the said trusts being those created by Walter H.Baker,Donor,and bearing the same date as this trust agreement,to be held and administered under the terms and oonditions of the said trusts.If the said trusts are not in existence upon the death of the said dulia Vickroy Weimer,the remaining princ ipal of this trust shall be paid to the beneficiaries then living who have theretofore re- ceived distribution of the principal of the said trusts in accordance with provision for distribution of principal contained therein.If the said trusts are not in existence and no benefioiaries thereof are then living,the prinoipal shall be paid to the next of kin of the said Julia Vickroy Weimer in accordance with the intestate laws of the State of Pennsylvania then in effect. 70 The Trustees in their sole and abs:>lute discretion are authorized to pay to or for the use of any beneficiary who takes under SUbparagraph 5 above,portions of his or her share of principal before the times fixed for distribution of primcipal, whenever the Trustees are of the opinion that the income fram the beneficiary's share of this trust and the beneficiary's other resources are insufficient for his or her general welfare and needs.Such payments shall be made without the intervention Of a guardian,in such manner as the Trustees deem advisable,and all such p~ments shall oonstitute an acquittance to themo- IV. MISCELLANEOUS PROVISIONS----. 10 The Trustees are authorized and empowered to receive -10 - ----------------------------- •.. gifts of additional property and securities from the Donor or tram any other person;and upon the aooeptance of suoh gifts by the Trustees,the property and seourities received shall be held by them as a part of the trust estate,SUbject to all the terms and conditions thereofo 2'0 The Donor hereby renounoes all right to exeroise control of any kind or oharacter with respeot to the Trustees or the trust estateo 3.The Donor hereby releases any rights of reversion to any interest in the trust estate which might or oould aoorue or result to him under the provisions ot this trust agreement. 40 No bond shall be required from any Trustee serving under this Indentureo s~The Trustees shall hold the trust estate as a whole before division thereof,and the separate trust estates after division,so that neither the principal nor the inoome arising therefrom,nor any part thereof,shall or may at any time be liable or sUbjeot in any manner whatsoever to the oontrol, engagements,debts or liabilities of any beneficiary entitled to reoeive prinoipal or income hereunder;nor shall the principal or income ot the trust estate be liable to attachment by garnish- ment proceedings or other legal process;nor shall any assignment or order,either of principal or income,gi ven by any beneficiary be valid;but the prinoipal and inoome payable to any beneficiary shall be paid by the Trustees direct to or for the use of the beneficiary entitled thereto,without regard to any assignment. order,attachment or claim whatever;and all of'the prinoipal ..11 - G• , II and income shall remain a part of the trust estate until paid over directly to or for the use ot the respective benefioiaries as the parties entitled theretoo 6.Upon retirement ot a trustee by reason of death, resignation or removal,the surviving trustee is authorized to give a full acquittance to the retiring trustee or his legal representatives,without the tiling ot an aocount and oourt oonfirmation and audit thereof,and without notice to the beneficiaries who are ot age and without the appointment ot a guardian or trustee ad litem to represent minors and oontingent interests,and such acquittance shall be binding and conclusive on all beneficiaries. v IN WITNESS WHEREOF,the Donor has hereunto set his hand and seal and the Trustees have duly executed the same to evidence their acceptanoe of the trusts herein created,the day and year first above written. (SEAL) Attest:NATIONAL BANK OF PITrSBURGH, ~g~__B,..;;;rY...:ace:;&.~~~1~ £SSID'l'A.:N'.i'CASHilll(.'-=--'~~- -1i...~t:~14 TRUSTEES. Witness:----- -12 - STATE OF PENNSYLVANIA, COUNTY OF ALLEGHENY, ) •• ) ss: before me,the undersigned Notary Public, On this :::::=J.i....1.-=day _~"Ljv",~..:':_'-"_-,_===-_,1945, sonally appeared !ALTER H..:.J3~,known to me to be the person whose name is sub- scribed to the within instrument,and acknowledged that he exeouted the same for the purposes therein contained. In Witness Whereof,I have hereunto set my hand and official seal. ~~.R_.Notary Public.,. AGNES B.COCHRANE,Notary Public MY COMMISSION EXPIRES APRIL 3,1947 My commission expires: ...1)- .. >.. 4J•• SCHEOOLE hAil 5,000 shares Universal-Cyclops Steel Corporation Common Capitar-stock,$1.00 par value,Certificate Nos.0591 to 0595 inclusive for 1,000 shares each. I,2J-6cf~~ Between 1 II Kyle ~----- wg~...B:.!-~AK!!h..J2.Q!!OR and THE UNION NATIONAL BANK OF-----PITTSBURGH---------and-- EDWARD L.STOCKDALE--------- ---------~--......--~•-:-J C~. The Julia ~"{~7Q,~oy ~~pnerTrust_-"; qoJ,-~/7 7() Trustees IRREVOCAB I.E TRUST AGREEMENT------------- ))---~.~------..-...ll'<J I ..... f']...\""-~~':-'.'~'.;f'Z"IV "'l \....:tI"'"(:r...'~\J <\1'<' \~,\'I ':",_'I "'.\l ~".-",r,l.''"""';..:;IN ....,.~J<~11\"'-.~'w.v>~~..~ .~:Rex Rowland,Esq.-1 ~ttorney at LawJ'~Buchanan,Ingersoll,Rodewald,<i~'1\.&Buerger~~1800 Qliver Building ~.~Pitts?urgh,Pa.15222 ~'"~~ttKn~ .~XlfJ(~lOOD(~~f"C)~ .~ '"~ JIe. ." 1'. .. / '- -......I \... ~. ,-- ~ t:- Form for Guardian or Trustee ..-.:__2 -, ~---------------"""''''-------------_·-·-·-l J Jttition ~ur i\Ullit lIn w~r (@rp~an!i9 <1Iourt of lIa!iQiugton aIounty Trust ~of.W.§.;bt.~.r.H..,:§~§r.. .......~~~"~~~~J~..y..~g~~.~y.~~~~E ~E~.~~.~~. For....!lg+.1:.~..:w.~.~~.:r....KD.~;?§J,§y.J J?§9..~~.~.~.Q..,.Ng:w..Xor ..........."-!..<?~.~p..~..p..YP.:9.~~~~~1~y.J e.<?.p.. minor-~ Filed at No .J.l.Q of 19/;;..70WilliamG.Stewart,Successor Fiduci~~t-f~~~Ij.~~..·~P~~f~~·~b~·~T.h~..JJ.rri.9.n.. ..........._~:YJ:Y.1Y1:.ng 'J'.:r.1':!?:t;..~.~Jl.l1g~r....:&r.r.§§m§m:t .. Place of record Inter Vivos Docket,Clerk of Orphans of appointment QQJJ.r.:t Q.f..f:.i.Q.~. Washington County,Pennsylvania Date of trustE~..June 18.,19.45 .. If there have been former accounts filed in this estate,list:NONE Reason for filing this account...~9.;?~.P.h...P.}.E}9..?,.g...!fP.J:.~.~1.~y.....~:t:t.~.~.~~.9:...?f.:..Y..~.~E~...9.f....~g~....<?p....9.~:t.l?E.~r....9..,....1:.9..71. All persons having any interest,vested or contingent (including claimants),in the fund now before the Court, with the nature of their interests are: Joseph Duncan Kniseley who resides at 1415 West Talton Avenue,Deland,Florida 32720 All of said parties have received notice as required by the Court Rules~ 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: In accordance with Article III,Distribution of Income and Principal,of the Irrevocable Trust Agreement,Paragraph 5 provides that upon the death of J1i!-ia Vickory Weimer,by marriage Kniseley,prior to distribution of principal in full, leaving issue the undistributed prtncipal is to remain in trust until said issue attainsthe age of Twenty-one years.Julia Weimer Kniseley died May 23,1963 survived by Joseph Duncan Kniseley,born October 9,1950 and he became 21 on October 9,1971. There are no legal problems and the information given is for the record to indicate the distributee. Balance for distribution per account, Additional debits not shown in account: (Indicate whether income or principal) Principal -None Income -None Principal $9.g.,,5.9.hr.p.9.7... Income $Q.~.QQ .. 0.00 0..00 Total additional debits $9,00..................................... Additional credits not shown in account: (Indicate whether income or principal) Principal 1/25/72 C1erk"of Orphans'Court of Washington County,Pennsylvania Cost of filing First and Final Account Income -None 17.00 .0.00 Balance for distribution Total additional credits Principal $9.g.,,5A7.,.9..7 . $.17..00....................................... Income Total $Q.".Q.Q . $9..?..~.5..47.1I.9.7.. 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 it~ms so listed: Election To Take !lIn Kind"is attached hereto. Principal -Personalty. Stocks ~ Cyclops Corporation 7,730 shares Connnon Less:Amount due Accountant for Administrative expenses 62,564.97 11.&00 62,547.97 -....-..... .\-.............,....,.,.,.- .,. ......---------..·IUI..-..III_....-....IIlI.I..__IIlII_......W·'IIIII~--.............,..--_.WI •••".-,..• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSn.VANIA ORPHANS'COlJRT DIVISION NO.905 &11970 WALTER H.BAKER 0 FIRST AND FINAL ACCOUNT OF WILLIAM G.STEWART SUCCESSOR INDIVIDUAL TRUsrEE AND THE UNION NATIONAL BANK OF PITTSBURGH SURVIVING TRUsrEE UNDER IRREVOCABLE TRUsr AGREEMENT DATED JUNE 18,1945 (THE JULIA VICKROY WEIMER TRUST) FOR JULIA W.KNISELEY NOW FOR THE BENEFIT OF JOSEPH DUNCAN KNISELEY,SON) TRUST NO.2737-A December 31,1971 I (Date of 21st birthday of ,Joseph Duncan Kniseley I October 9 1971), SUMMARY SCHEDULE A I PRINCIPAL -PERSONALTY ! Receipts Page 2 62,567.50 IFromIncome-Personalty 10/22/70 and 12/31/71 1.619.32 I64,186 82 Disbursements Page 2 1,621 85 i BALANCE I 62,564 97 I , SCHEDULE B , i INCOME -PERSONALTY I Receipts Page 3 ,3,865 00 Disbursements Page 3 2,263.65 I To Principal -Personalty I 12/31/71 1,601.35 ! 3,865 00 I, , BALANCE i 0 00 I NET BALANCE I 62,564 97 I The Balance Consists of the Following:, Principal -Personal~I Stock Oyclops Corporation i (formerly Universal Oyclops Steel Corporation) 7,730 shares Common 62,564 97 I I I I .~~ S J 1-',,/ WALTER H.BAKER SCHEDULE A ; PRINCIPAL -PERSONALTY RECEIPTS Walter H.Baker,Edward L.Stockdale and The Union National Bank of Pittsburgh,Trustees for Julia Weimer Kniseley,Trust No.2737 Stock 1 963 July 18 Universal Cyclops Steel Corporation 7,730 shares Common 62,564 97 Cash I 2 53 I 62,567 50 From Income -Personalty Account Funds transferred for Administrative Expenses 10/22/70 -12/31/71 1,619 32 64,186 82 DISBURSEMENTS Administrative Expenses 1 9 7 0 Oct.14 Clerk of Orphans'Court of Washington County, Pennsylvania Cost of filing Irrevocable Trust Agreement 13 00 Cost of Petition for Appointment of Successor Trustee 7 50 I 1 971 IDec.31 Buchanan,Ingersoll,Rodewald,Kyle and Buerger Attorneys'fee I 350 00 The Union National Bank of Pittsburgh Accountant's compensation 1,251 35 1,621 ~5 -2- -- / f ~,..,. .I WALTER H.BAKER SCHEDTILE B INCOME -PERSONALTY All Income received and Disbursements made to June 30,1971 (date of last Quarterly Statement)have been accounted for by Quarterly Statements rendered The First Naticna1 Bank of Miami as Successor Guardian of the property of Joseph Duncan Knise1ey,a minor I I RECEIPTS Income received subsequent to June 30,1971 Dividends -Stock I Qyc10ps Corporation Common 7,730 shares 9/30/71 -12/31/71 .3,865 00 , DISBURSEMENTS Administrative Expense 197 1 Dec.31 The Union National Bank of Pittsburgh Accountant's compensation 77 30 I Distribution Payment in accordance with Article III,Paragraph 5 of the Trust Agreement dated June 18,1945 The First National Bank of Miami as Successor Guardian of the property of Joseph Duncan Knise1ey, A Minor Payment Net Income 9/30/71 1,893.85 12/31/71 292.50 2,186 35 2,263 65 To Principal -Personalty Account Funds transferred for Administrative Expenses 12/31/71 .1,601 35 3,865 00 -3- ---- COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY .. 55: WILLIAM G.STEWART,Successor Individual Trustee,and J.OONALD PATTON,Senior Vice President of THE UNION NATIONAL BANK OF PITTSBURGH,the above named Accountants, being duly sworn according to law depose and say that the disbursements shown in the account have been made to the parties entitled thereto and that the account as stated is true and correct as they verily believe. William G.stewart Sworn and subscribed before me this It.{-d-day of 9~------'1971,/ REQUEST FOR DISTRIBUTION Accountants request that distribution be determined by the Court in accordance with the Petition for Distribution to be offered in evidence at ~he audit of this account. William G.Stewart I THE UNION NATIONAL BANK OF PITTSBURGH BY~~~Senior Vice President C;&6?~1776 \\I.Ii.,1.·." "I l '.• IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNSYLVANIA ORPHANS'COURT DIVISION NO • WALTER H.BAKER FIRST AND FINAL ACCOUNT OF WILLIAM G.STEWART SUCCESSOR INDIVIDUAL TRUSTEE AND THE UNION NATIONAL BANK OF PITTSBURGH SURVIVING TRUSTEE UNDER IRREVOCABLE TRUST AGREEMENT DATED J1JNE 18,1945 (THE JULIA VICKROY WEIMER TRUST) FOR JULIA W.KNISELEY NOW FOR THE BENEFIT OF JOSEPH DUNCAN KNISELEY,SON) TRUST NO.2737-A BALANCE DUE -$62,564.97 -----"O",----,--Kj;/51-(j)~liS10 ;.... <:;;;,..~\\~,::", ~:;.~ .""~~~~~)....-0~ ~..~~~.-~~{~~=0~~~~ "'"('.:::..i'::,(,~t:-~CJ:- ~...8';.: ~[~\,..1\1 _.'j.,. ~~::~;; 9,..)~'~;.:-~§~~~i :.:1.~,~ ;:.:; {.\' t,g--:? -p- 115t ~..., t\. :;:., .....:::l'0 ~ :<::>l.......)t-:~,~~,(.i.l. ..j-'?: \ -,....~. .. ~d:---~-. .J ... --J . r-.) " C-..,.-- "-J !-i )-'.'r'.. ~ ~I.'\.\ B'OIl1loI 1740A ~-.l"''r>.,I <~1;~;:"1 ::n (0 0 C. 'O-J---(,'J=en ("''''I .._~:-:" Q-...(.""'-.--. t..-::_~...-~_... ';OF:-:~k'r;;-.. . ,iii)"#'<.Jf w:tl...."',..._........•......_.._..tJ-... iit 7~i1e ;vithln acoou",t ~j!R64lea t8 tlf"Clift f£tt '()nfi,,,,,atmn.'~k~3LL~ Rex Rowland,Esq!>D('JI~""r",ri I?/P""n.~ Buchanan,Ingersoll,Rodewald, Kyle and Buerger 1800 Oliver Building Pittsburgh,Pennsylvania 15222 (281-0770) ~ ..~ ~lt t4~<trnurt nf QInmmnu Jl~an nf lfan4iugtnu Qrnuuty ®rp4aun'QInurt ilinininu J In the matter of the Audit of Account in Trust ~of Walter H.Baker,"The Julia Vickory Weimer Trust"For Julia Weimer Kniseley,Deceased,Now For Joseph Duncan Kniseley,Son TO THE AUDITING JUDGE: 316 of 1970No.__-=~=-=-=--=~-=--_ 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 tated in a separate paper. Council suggesting proper distribution shall file a separate conctse state- ment in that regard. !l:\<!if";,,,....._ }...~4'i ;~rr".\ ,I ,;,..I:'" 3';1...-L I:.•.,.":P ?l2 n'PR I'L,~lU ro r6 R;U',:;:~1 iL r ;:..~Rif.J 0 [{EGISTEil OF WILLS ~n\SH1N\;TON CO .•PA. .. No..316 of 1970 Trust In re Audit of Account in ~of Walter H.Baker,"The Julia Vickory Weimer Trust"For Julia Weimer Knise1ey Deceased,Now For Joseph DuncanKnise1ey,Son AUDIT 'rarripr fnr .i\ppraraurr FOR Attorney ~2 r -, --------------,ogo IRREVOCABLE '.mUST AGRE»1ENT !/ , I This Indenture of Trust,executed in '·triplicate thi3 _..;.:1~8~th==-_==day of _--:J~un~e~J 1945,by and between WALTER H.BAKER,of the City of 'Washington,Washington County, Pennsylvania,herein called the 18IlOnor8D , !lL~ 1J!E UNION NATIONAL BANK OF PITTSBURGH,a co;t"po~atlon orgam.z$«i under the laws or the United States of Aml!irica,having its pr» cipal otrice and place of business in the City of Pittsburgh, Allegheny County,Pennsylvania,and EDWARD L.STOCKDALE,of Allegheny Count1,Pennsylvania,hl!iI'ein called the 1lIJTrustees"0 Whereas,the Donol"desires to c:reat<8 an irrevocable tirust to be known as InThe Julia Vickroy Weimer Trustn,of the property hereinafter mentioned,and such add!tiona thex-eto as are hereinafter provided.for,upon the terlU and conaltiona and for the pwrpos8e hereinafter set forth: Now,theX"efore,in consideration of One DallaX'to him in hand paid ud the parties he1"sto declar1~their intention to 00 legally bound hereby,the Donor does conve1,assign and transfer unto the Aid Truatees aIlId thei!"SlUCCeSSOlrS the px'opelrty and 8ec~iti8s set forth in Schedule «oAtI hereto attaMed and mallie part hel'eof;and the property and seour!ti188 80 transferred, toge~er with such ad.ditioM thento as may be made f~ol1ll time to time,shall constitute the trust estatso TO HAVE AND TO HOLD all and singular the aoowfF=mentionad )pi'Operty am s~curi ties~tog~theX'witil aD1'add!tional property and 8licwrltie~which may be added to tha trost estate,unit.<>the ;-..... ." said Trusteei and their Buccessors,IN.TRUST,NEVERTHELESS,tor the following',uses and purposes and subject to the tar.and conditions hereinafter set fortho I, SUBSTITUTION OF TRUSTEES 10 There ehall always be two Trustees in ofrice to hold and manage this truat estate,one or the trustees to be an individual, and the other,a corporate fiduciary•The co:rpo:rat~trustee shall be a national bank or trust com.pany qualified to act as a fiduciary and having a capital of at least $1,000,000 and a surplus of $500,000. 20 In event ot the death,incapacity or resignation of Edward Lo Stockdale,the individual Trustee herem appoilllted", David Po Weim.ar,of Washington,Pennsylvania,shall,upon notice tram the cox-porate trustee,be substituted in hie place and stead if at the till18 the Aid David Po.Weimer is living,1s not il!llcapacitated and 1s will1~to act as trustee. 3.In event of the death,resignation or incapacity of David P.Weimer,a new individual tl'ustee may be selected by Julia Vlckx'oy1lLeimer,the principal beneficiary of this trust, if she ig thellA l1'ring aJlId or aga;or if ~ot 11ving,then 1))7 a ;"majority of the other baneficiariE;s who are ot aga,but in either ca~e only with the approval of the corpox-ats tlrostee then 1!l\ otrice. 4.Any corporate riduciar,y acting as trustee may be •,. removed on ninety (90)dqsi written notice by the said Julia Vickroy Weimer it'she is of age,and after hell'death by the majority of the other beneficiaries 'Who are or age,but in either case only with the approval or the individual trustee then in '. office.The person or persons entitled to remove the corporate trustee us also empowelred to select a successor,but only with the appxooval or the individual trustee then in office. 5.If'a vacancy occurs in the orrice of t:rustee,whether lnd!vidual or corporate,and the beneficiaries entitled to select a ~uccee80r as herein provided fail to do 80 within a reasonable time,01"lack the capacity to do so because of minority,the vacancy shall be filled bY'a court having Jurisdiction over this trust on application or the surn:rlng t:.rusteeo 6.The Trustees hex-e1n d.esignated or any Bubatituted trustees shall have the right to xoesign on ninety (90)days n notice in writing. 70 \olhen a DS'W trostse is selected by the benef'icialries in the manner hereinbefore provided,the beneficiary or the oonfP ficialries lIlIaking the selection Mall file with the othelr tX'Ustee the~ in ofrice a pX'opel"instnmle!llt designating the new trustee and so- compamed b7 his oX'1ts acceptance of the office;am such lnstru=- ment ~ball evidence the l"ight of the new trustee to hold office and exercise the powers of a trustee. OOGJrXES AND POWEPS OF TRUSTEES 1.'!'hill Trustees shall raceive,hold and manage 8S a trust estate all of the property herein and hereby conveyed to the Tru~tees,together with ~other properly hereafter added .. to the tru!lt,an1!Mall pay &11 tax~8S1I charge~,ctllmQ~1011U3 and oth@~~n~e8 ot tho~~to 2.The Tn1~tGa~U'fD csmp@wsred to (B~X'CiH,l in their sol~ and ab£\olute discretion,with xoeliilpact or the trust ~8tat6 as a whole befoxoe divig§ion theiNlof,and after division with re/;pect to each ssparate t:rost clreat~0lI'ari~lng hereunder,ewery X'ight, power,'plrlwilsgo and diBicxoetion which the Donor h1m8~1f could have ex,oX'c1Qed,~X'which could lawfully be tmerc1~ed by any per~n ow1!l1g similar property in his om right;and without intending to limit oX"restrict by implication in any way th~gent8lrallty of the tox-egeing gx-ant of poWGl'l1Jl,specific mention 1s mad~of ths following powelfs and discretion~:J a.To retain the 8ocm-ltie~oX'other property herein and he:reby lU1S1gned and uauferred to th~TX'usteeMil &1iJ long a~they deem it advisable to do ~notwith[ljtanding gJuch lnve~tments lack diva!"=» &l1ficatioll1. bo To i~vest amd X'Ginvest the ~lncipal or the trust el1Jltata 1lr1 ~tcClkc,ooth c~n ami px-efsll"lroo,o.nd bonds or corporations and. mAch otb.f.tX-invam'bcsn'ts 8l!3 th~'h-U&ilt~fJ~asem advisable ~without 11m1tatlon as to the amount.t.bat may bs lnv~8tsd -in any one security and without be1l'llg limited W web invsstlt@ll1t~as are authorized for tiducia1rie8il under m~tlng law oX'any other law he:irfB6tter made etrectlv~. c..To di8tribute a~income all dividl8MS on stoclta held in the trlWt,whatheir wch dtv1d~nd~ax-8 paid in clu~h,in stock or in kind, excepting only liquidatl11!g eli'rideM~paid pwr~uant to a complete liquidation of a corporation,it being the Donor i ~intention that the intact value of the lnva~tJtell1t in stocM Dsltd not be pre~8rved;to '. dstermine which X'ec@1pts,cthlSr than elividend~,and ltif!ibur~ements shall 00 cred1ted or chuged to principal,which Mall 00 crOO1'Ud or chupd to income,and which 8ilhall bG apport1onod betwsen principal and income and the bud.~of such appol"tionment;and their determin= ation in regard th~rete ~hal1 be tinal and conclu8iv~on all b(f)netlc1aX'i~&lo d.To gell all7 s~CWl"lties or cth~Jr parrf:onalty held in the tn1~t e!!tatl8 for ~uch PJri~iS~,upon such t~:!ril1~and in such maimer as tha Trustees deem adviN-bIG,am to e1t8cute and delivel'appropriate 1El~t.nment~to consumate the sale0 eo To pwrcha@e or othl8rwi~e acquire real proiX'X't.y and to 81811 the 8§611'18 for such p,:rices,upon such terms awi in such manner as tho Tru(j]t~e~deem adrl~able,diSliv5ring deeds therefor with COVCl18nts ot'warrantr;and to u~(!th~general income oX'pX'lnclpal of.the trust estate to pay caming cha:!rg~s of X'eal Fo~~ty am folI' cap!tal 1mpro't'ement~'th8lrecn,if the TruBtae~dtaom it advisable to do ~Oo !'•To lea~e a~real property held in the trust e~tate tor guch prices,upon ~uch terIM and for l;1luch length of time a~ th8 Tru~teOg dersm adv1~bleo go To abandon,comproms:e O:!r ~ubm1t to 81rbitxostion,on web teram afJ the Truatee~deem advisabl~,all cl~llM ii!lavor of O~aga1n~t the trust SQtatso ho To causa any ;~curit1e~\Jh1ch fx-om tim~to time may b8 included 1n the tX'u~t Sgtat~to 1be :iregi~tered in their names a~Trustees h~reundGlr,or 1lm both of their name&iJ or any one of theix-name~without designation of their fiduciary capac!ty,or -----------------------------------, " Nm8 \UU"~gi~t8l"4'Sd 10 that they will pa~~by d181:lwe~,and all without thGlt"eb7 1X!c:it'ea~lng 01t"decreail1lllg th~1r liability a&i\ 10 '1'0 ooX'lrOW mono;y fc1t"alV pw."po~e incident to the convenient adm1n1~trat1clA or the trust «uJtate and ~aecute mortgage saw a8£\ats of the trust 8auts a~eecurlty for such j 0 To 'fete h pereon 01t"by proq upon all ~tock~or conv81t"~lon I'ight~,participate in to:!reclo~ur0~,X'0oX'g$Di1Bation~1l conso11dation~,mergerSil Sl liquidat1on~,pooling agX'eRent~and wotlng tru8t~and othsxo corporate tJran~ct1onfiJ of that nature, am to d.'!l~gat~dl$lcr@tiona~power@ in connection tberewitho ko To employ c@UDs(i!ll,and th~T!'u8t8e~bll 1b\I tully protecte~in act1~g upon thl!adv1~e of c@un~el in matters pal"=" pover~and diec1"~tlons herein conferred upon thsmo 30 Illrl aav situation in which the Tru~tea$l are requi:rlSd to divide the p1i"inc:llpal ot the trust 8$1tate into pwrt~or iMsriDs, or to di~tributa the same,th~y &;g'@ h8!'eby &uth~X"iiltrsd to make d1vi~1'Oln @X'diet!r1bution in kill'lld,or pertly In ldnd and partly in ca~h,and their judpent am d~te!'matio!'ll conce~th~ value~tor the pUX'pO~e of ~eh dlwi~ion or ~1~tribut1on shall •,,- be b1OO1nS and c~nclu~i'I!@ OD all panl@!t@ intereSlted.therein, pl"ovid.sd thiS Tru~t@e~act in gcoo faith., 4"The 1nd1vidual trustee iSl h~reby authorized to delegatG to the c(l)x-pcrat~tnl~t@e authority to a~elr'ci~a any poWGgo or 419cretion hel"~1n <oonfexrriBd on thG TrusteeI or 'l!elJt~ in them by law,acrapt the POWSlr 100 pay plrincipal to the lite tenant,O~to the other benefic1ar1s~betore the tii1te~.fixed tOll" diatrl'butlon of thelx-wrG$I 01'principal,aM the power t@ mako d1vision 01'the tx-ust 98tat~;and to th1~end W fiscute and deliver hom time to time pow18rss ot attorney which may be either general or limited in thallt'scope a~to time ami subject= matter0 ArJi¥action taken by a t:rostee umiaxo and pureuant to ~uch pt)Wf8il"ot attorney ~hall fully and effectually bind the tru~tee who gave :Il.t in thta Ame way a~U'hiD had actad dir@ct!J;am all psrlSlOD$1 dealllllg with thlt tl'fU&llte~uJ in relation 'W the tro8Jt eetate ehall 00 entitled to rely on acti~lrn taken upon and pursuant to ~uch P1.)WGlr~or atto>m~y and ~fully prot@cted the~eby0 50 All the power~and di~cretions va~ted in the Trustees orlg~ll1 appointed herein shall becom~vested in &nl lucce~lcr ~t(8e C~tru~tee~duly appcintl!d by the ben8riciarie~a~herein providrad or by a court having jur1ooict1on ower the tX"USto 60 No tlr~t~e ~hall be hrald personally x-e,poDe1ble to th~ benfltflclar1ee to'if aJV"action tak~ll'!@i'r olll1tted by him iD th~manag&-> mont or the trust e~tate or tor any ~r:ror or jud~ntSl proridlJd h~ ha~act~in good ta:ll.th;and no t:rustee shall be h~ld re~pon~1ble tor any act or om1~~ion ot thl9 cthex-tru~tee,whethlSr·such other trustes 1s acting tor him under a pow{$r or attorney or on his ow behalf or in both capacitll8~o On claims ar1~ill'lg either out ot =7= contract or tort,asserted bY'persons other than beneficiaries againsttbe trustees individually b,y reason of acts or omissions in the management of the trust estate,the Trustees shall be entitled to full indemnity out of the trust estate. III. DISTjUBUTION OF INOOME AND PRINCIPAL The Trustees a~directed and empowered to disburse the income and principal ot the trust estate as follows: 1.To pay to or foX"the use of Julia Vickroy WeiDner,gxoand- daughter of the Donor,the whole of the net income in conven1ei!t periodical installments not less frequently than quarterly. 2.During the minor!ty of Julia VickroY'Weimer,the Tnlstees ---- shall disburse the net income ot the trust estate to or for her use without the intervention or a guardian.Such p811!llsnts may ba made for her account to her parent or parents to be diehm-a"by them amnuall1 tor Dl\8.1ntaining a home tor her and tor her support,weJifare and.education.All payments made by tl'meTlMlSteespwrsuant to the prep vi~ions of this paragraph shall cODstitute a tull acquittance to them. 3.When the said Julia Vickroy Veimex-attains the age ot thirty years,the Trustees shall pay to her one-third of the principal or the t!Mlst estate as it then exists,olll.,third whM she .attaim the age of thirty-tiwe years,and the iremalmng on&- third wh19n she attains the age ot forty 7ears. 4.'nll<8 TX"Ustraee ill'!thsilt"80118 a!ild aboollite d1sCJ!et100 an authorized to pay to or tor the USi!of the said Julia Vickr01 Weimer portions of the principal or the trust estate before the times fixed tor distribution of the principal as provided in j',"'- Subparagraph 3 above,whenever the Trustees are of the opinion that the income from tbis trust and her other resources a1'e insut~lcient for her general welfare end needs.Such Payments ma1 be made during her minority without the intervention of a gu&1'dian in such manner as the trustees deem advisable,and all such payments shall cOn3titute an acquittance to them. 5.It the said Julia Vickr01 Weimer dies betore she has received distl'ibution of principal in full,leaving issue to surnve her,the undietributed portion of the principal at the time or her death shall '!be divided into as many shares as there are aurnving issue and each shue beld and administered as a separate trust estate until the surviviDg issue resp8ctive17 attain the age ot twety-one Jrears,when the principal shall b9 paid to them free and discharged of the trust.If 8J17 of the surviving issue or Julia Vickroy Weimer dies 'before attaining the age of twenty=one years,the share of the deceased shall go to increase the shares of'the othe1'surnving issue then.11ving, and so on from.time to time as orten as a death occurs.During the odnon-it1'of such survi'ring issue,·the Tmstees shall pa1 the mcome to or tor their use without the intervention ot a guardian for their support,welfare and education,and all such payments shall constitute an acquittance to the trustees. 6.If the sald Julia Vickroy Weimer dies beron she has lreceived distribution of.prino1pall.in M.l without leaving issue to surnva her,or if'leaving issue to surn."I1'eII all shall die ,"'I i· befon attaining the age of twentysaone 1ea1"S,tbe undistributed principal shall be paid in equal shares to the Trustees of thte.. Amy Anne Weimer Trust and to the Trustees of the Walter Baker Weimer Trust if the said trusts are then in msstence,the said trusts being those created bY'We,];ter H.Baker,Donor,and teax'ing the sams date as this tX'Ust agreement,to be held 8Etd administered under the term~and conditions of the said trusts.If the said trusts are not·in existence upon the death of the said Julia Vickroy-Weimer,the remaining 'prillilCipal of this trust shall be paid to the beneficiaries then living who have theretoforere- celved diBtrlbution of the principal ot the said trust~in accoMance with provision tor distribution ot principal contained therein.It the said trusts a:rs not in existence and no beneficiaries thereot are then 11ving,the principal shall be paid to the next of kin of the said Julia Vlcaoy Weimer in accordance with the intestate laws of the State of Pennsylvama then in etrect. 7.The Trustees in their sole and absolute discretion are authorized to pay to or foX'the use of aD7 beneficiary who takes undsir Subparagraph 5 above,portions of his or her share of prhlclpal before the times fixed foX'distribution or p:dncipal, whenever the Tl"U~'i;Ge8 are ot the opinion that the 1rAcoWJ from the beneticia:X7~ssMX'eof'this trust and the beneticia17vs other resow-ces are"insuttlc1ent tor his or her general weUare and needs."3tl($pa;ymentJs shall be made without the intervention of e,guardian,in such m,amer as the T!'U3teee deem advisable,and all such_pa~~~ts shall constitute ~acquittance to them. "" '. ·... 10 The TjMA~tae8 liX'a 8.UthOX'iMQ and ~mpow~m te irecsiY@ gii'to of add!tional p:roPS1rty and lJ~cW"it1~~b'Orll tho Donor or from any other p6roon;and upon the acceptance ot mieh glf'ts by the TJrustees,the pl'opsrty and sl8curltie~x-8ce1"ad shall be held by them a~fA put of the t~t 821tate,8ubject to all the tel1'1U and conditions therooi'0 20 The DonoX'hereby renounces all right to exerciB~ centrol of any kind or character with respect to the ;Trustse~or the trust estate~ 30 The Donor hereby relea~e~any rights ot rev6lI'sion to any 1ntereBlt in the tl'Ufjt aButs which might or could accrue or re~ult to him under the pro'IVleion~of this tx-ust agreemento 4.No bend ~ha:U be required from any Trostee sernlllg Wlder this lmienture0 So The 'h-ust(8SI:.1 shall hold the t:rust estate a8 a whiOlle MtoX'e diviBiolla trmeiI'ecf,and the Ililsparate ~X"U~t <a~tats$\at~eiI' d11:ri.~101{j\,I IlilC .that neithsil'the prillllclpa1 lrn©lX''th9 incoD1l(!alI'i~~1g thelI'efi-clm,n@~any put thell'eot11 ~hall ©~amy at anytime be 11ab1~0:11'8ilubJect in 8tt1 IIIlalmer what~iOl~we:r '00 the c~nt:lrcl, 0ngag~meR!te,debt~(l)~11ab111t1e~of any beneflciuyentitled 'i'oo X'ece:l!.we principsl or incomle hexoeunde:r;IM:»ir shall the principal O~income of the trost @9ta~be liable to attaiWwSXllt by garnish= ment proctaedlng~or other legal prooe~~;nor 80011 8lliQr assignment oX'o:rdeX',~ither ot prin~1pal er income,g1W~l!lI 101 any bs~l!.ficiaiI'1 =11.., ·...'... be valid;but the pl·:1l.nclpal SM income parable to a~oonef'icis!7 albal!be paid 'by the Tx-U8tee~dl1'ect to or to'E'the use otthe bG~efic1aX7 ontit1lSd thS:K"l8tcD without l'egard to any asud.gnmsll1t, OM«f:r11 attachment @:!r claim whatf!'f81t'v and all of the Flncipal and lnc@me ;hall remain a part of the tX'Ulat estate until paid oWSX'di'E'ec~to 01"ro~the use ot the :resp@ctlve bsneflciar1e~ a~the paX't1e~@ntitIed thfill'ew. 60 Upon reti'E'ement of a tru~tea by 'E'ea~n or death, re~ignation tOll"r-emQiwal,th@ ~wrvi'W1ng tX'u~tilte 1e autbolrized W giViS a full acquittance.'OO the X'et1'E'i~trusUie ox-h!~laga1 X'ep:r@m<imtat1ve~9 without thl9 f111llllg ot an accclmt and CiOurt ccnf11i"UlatioJrn and audit thereof,am without notice to the bellhericiaX"ie~who 8:!i'e of ag~and without the appointment t)f a lntere~t,Qnd @uch acquittancfJ ~hall be binding and conclusive on all ban8ticial'le~0 IN WXTNESS WHEREOF,the Donor bSIJ hereunto 8at hig hand 81/Ad ~sal am thiS Tru8tee~hawe dUly executed t,h@ Note to ovlden~e thei!"scceptanc@ 01.'the t'E'u§l'ts h18irem createlill the day and yeair filr~t abov~\4"ltt@n. W1tne~s~ ====mWA~tI~~ER~Hw,,~W~EB~.0=======(SEAL)DONOR THE UNION NATIONAL BANK OF PITTSBURGH» Atte~ts {Seal of Th@ Um.an Nat1c!lUll ===ML~Q~E.,e,g:=!MA~S~ON~=====--=_===-- Bank of Pitts=A8~1~tall1t CaMiex- burgh) =12= B1 SmH N.WHITWORTH '1'2ru~t OfficeiI' ,...- STATE OF PENNSYLVANIA,) ~ OOnN'l'I OF ALLEGHEMf,) On tbi~18J;h betolfe me,tho und~X'&\1gned Notary Public,peX'&§onally appeared HALTtlR He BAKER,lmown t@ lIle t@ roe th~pel'~OlI),who~~Ml1I8 i~BUb=- ~cX'l1:Mild tc the within 1XllgjtrWllll!ll1t,and acknowledged that he executed th@ sema for the purpo~e~therein contain~d. In WitnetJ~WhSX080t,I have hSl'suntc *l8t Dl1'hand and A(Q\NES B.COCHRANE Nota17 Public My ccmm1~~ion a:pi:re~~ApX'il 3,1947 =l~ (N.Po Sl8a1) ,'r THE UNION NATIONAL BAr~K Of PITTSBURGH January 26,1972 l1r..Joseph Duncan Kniaaley 1415 West Tulton Avenue Deland;E'lorida .32720 In 1'e;Various walter'H.Eaker Trusts Dee::."r'h"..Klliseley: " ~je erG enclosing a copy of each of the liccountz of Halter Eo Baker for your benefit which wore filed by William G.IStmiert and this bar>1('aD Trustee Under Agree~ent dated June 1$,1945 and Trustee Under the ;Jill.These accounts were filed on January 21,1972 in the Court of Common Pleas of Washington County,Pennsylvania at Nos.314 of ~970,315 of 1970 aT"d 905 of 1970 respectively,and will come before t..~6 Cou.rt for audit on the Audit List.which commences the week of ~~rch 20,1972 1 •Petitions for Distribut.ion ",rill bepressnted et the audit.. Will you kindly acknouledge raceipt of these accounts, notice of their fUiD.g and subsequent call for audit by ,s1£'1ling and returo.1gg to us the enclosed copy of this letter. Very ~ruly yours,.c::L,:\\~t·/)1/{/7 /U(J-".d::.d jJl;tt+,'C-- I (f.IV~/ J.Donald Patton' Senior Vice Kresident J ""{';J:.l'iJ rsr Enc::l.osures #2735-B,2992,2737-A ce:Wilson Smith,Esq_»Rex Rowland,Esq•. V~.l-lilliam.G.Stewart,}lir.EUliari Co Gaar IIACKNOWLEDGERECEIPT OF THE ABOVE MENTIONED ACCOUNTS,NOTICE OF THEIR FILING AND SUBSEQUENT CALL FOR AUDIT. REc~aV~g FEB 3 1972 '-.\./)gt' DATED__·;;-:I}:.:.L/f.....'/_...;\1"",-,-\_s:=,1972. \ COpy i '.., I I ,. IINTHECOURTOFCOMMONPLEASOFWASHINGTONCOUNTY, ORPHANS'COURT DIVISION J IN BE ESTATE OF PENNSYLVANIA Wl\LTER H.BAKER FOR JULIA W.KNISELEY NOW FOR THE BENEFIT OF JOSEPH DUNCAN KNISELEY TRUST NO.2737-A NO. ELECTION TO TAKE IN K[ND I,JOSEPH DUNCAN KNISELEY,do hereby elect and agree to take 'In Kind'from William G.Stewart,Successor Individual Trustee and The Union Nati;nal Bank of Pittsburgh,Surviving 1rustel Under Irrevocable Trust Agreement dated June 18,1945,the following:..: Cyclops Corporation (formerly Universal Cyclops Steel Corporation) 7,730 shares Common $62,564.97 IN WITNESS WHEREOF,I have hereuntoI set my hand and seal I ~.At 0this._~Lg:--_day of--.-J1l\l'iM&!',19721. Jo~eph Duncan Kniseley WINTESS: (?tWI~~~ v •I ~''."t..,r 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: Joseph Duncan Kniseley is not a member of the military services of the United States of America. At the present time there is no cash in the trust for payment of the amount due the Accountant.However,a dividend on Cyclops Corporation is to be received by the trust on or about March 31, 1972.Your petitioners suggest that said dividend be charged with the amount due the Accountant and any court charges that may come due and award the balance to Joseph Duncan Kniseley. WHEREFORE your petitioners pray Your Honorable Court to confirm the account as filed and award the balance for distribution and the dividend to be received subject to the aforementioned charges to Joseph Duncan Kniseley free of trust. COUNTY OF t'l\o a-.s.flc£. ,\, '"STl\TE OF FLORIDA ) ) ) The above named Fiduciary or representative thereof, b "ng duly Sworn doth depose and say that the factss:~forth in the foregoing petition are true to the best of his knowledge and belief. Sworn to and subscribed before me This \1""tt.day of ~~,197t:1 Signatlll'e of Officer '::---M~2~L Title of 0fficer·__--1:"I09fQAR¥R¥-IP~YOlDL:lCI&;ir'&151'~AlE~8tF~R:~8RItl!IBBt'..,~t!"'-ttMC~rr MY COMMISSION EXPIRES NOV.7,1973 Office Expiresi .-..:B8NI=::£II=.,;:T::HIU::..::f:.:RED=.,.:rI.:::.,:D:::IEST=£Ul=,:=:OISI=--- And your petit~:fl,lJ..evetv;;;:tct.Z ~ William G.Stewart Successor Individual Trustee I I .......,., ; )''-, "..r ...1"1 "")''> ·il\ 'rtition ~ur i\u~it IN THE ORPI-IANS'COURT OF WASHINGTON COUNTY ,.,."), r _~t J ,If.;....,I J '1 )r.pP"/'fi '1 "1tillJ\j,'idi t l 16 lJ...... \ J ,~ .. FORM USED FOR GUARDIAN-INCOMPETENTS -OR TRUSTEES No .J.J.9.of 196).'1..9 ESTATE OF Walter H.Baker................................................................................................... ..........I.~.~.lY.:~.~.Y.t.9.J~.9.!.'.Y.w.§.t.~§E.J:!.'.~e..t-.~.I . FOR.J.yJ...t.9.:...w..~......KP.:i.§.5?l~y,.....P..~.G.~.g,§.5?Q.~.NQ},J For .J.9..e..\?.P..h P..W!:9..~.D:K!.P.:.e..\?J.§lY.J $..QP.:...minor-~ First and Final Account of ~.~.;\;g.~....Q.~......~.~.§~~.!?2.....p..~~.9..§.§.§.9.E.....~gg.ividual Trustee And The Union National Bank of Pittsburgh ...!?~.Y.~.Y..~?€L ...~!:.~~.~.§.~.....v.?g.f?"£....;~g~.~.§.~.~.g.t Counsel for the accountant shall submit herewith the following,if pertinent: 1.Will or trust instrument-attested. 2.~ 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. Rex Rowland,Esquire ......~s.QB.~Biiy.e.~.~~~ldIilg ....~~~~~~~.~.~.....~~~.~and Buerger Pittsburgh,Pa.Counsel for accountant. F;;~::~.":-'~_1,(;.;11 ti 0 REGiST:.;i OF WILLS '''''''II~'rTO''CO PAlit,i.\';:,1',ll'/.;:f't .•• 15222 ~2 J IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNT¥,PA. ORPHANS'COURT DIVISION WALTER H.BAKER, HEARING ON AUDIT Monday,March 20,1972,at 1:30P.M.,EST REX ROWLAND,Esq.,of f?Utsburgh,Penna.I repres enting the Accountant. No.905 of 1970 ( ) ( ) ( ) ( The HonorabIe P.VINCENT MARINO,Judge of the said Court. Estate of INRE: Deceased. BEFORE: APPEARANCES: TIME: - ~z c('>..J>-UIZZIII0.. i0l-t'Z :tUIc(~ (i ..,:~II:I-UI "'.........:t Q-.Ic( § C::I., :J:~III Rowland.Mr.howland? and the Unron National Bank of Pittsburgh.The attorney is Rex H.Baker,deceased.The Successor Trustee is William G.Stewa t ,,1 uiII:l=II: -~THE'COURT: II: l-II:::IoU ..Jc(Uii:ILo Number 905 of 1970,the estate of Walter Mli.ROWLAND:In this matter I wish to pres ent the Petition Sur Audit,together with the attached pape rs.And this account is likewise presented by reason of the fact that Joseph Duncan KniselE~ became 21 years of age on October 9,1971.There are no complications, and so far as the trustees are aware,there are no outstanding clai os. 2 HE COURT:Is ther e anyone els e in Court interested.in this estate? (NO R.ESPONSE ) HE COURT:The audit of this account is ordered closed by the Court. ~zc(>..I>-UIZ ZIIIII. ioI-Cl Z X UIc( ~ ( A UDIT CLOSED ) ...,......,- ~itI-UI o ..I.~ ~o:J., I:..r-.N I hc.roby certify that the proceedings and evidence 01 th3 nbovo cnusc;and tm',t thto copy \s n correct trap.scri{:.t of the same. uiII:1:1l-ll:o~arc contcined fully and nccuratoly in the notes taltan by me on the hearinq l-ll::Jol) ..Ic( U ii:II.o The fot'cgolr~g rocorc.i.of the proceedings upon tho hc~ing of the above cause is hereby approvc-d nnd directed to b0 filed. 'j .' ~, i,I j I ,j ",. .. --l~:"".J i'V J>r'n ;::0 ~.~<.n .::"J c:-a:c (n ::;c;:J(fl (-.....-.,.....,r-:7~--i A ,:)C').,.-.,\'".:"')....~..<:::>-,-c::l -0 r C~;>.....(j) c:::n \.''Iw f.•,~ .' IN THE COURT OF COMMON PLEAS OF WAS HINGTON COUNTY,PENNA. ORPHANS'COURT DIVISION IN RE:) ) THE JULIA VICKROY WEIMER TRUST) (Trust Under Irrevocable Trust ) Agreement Dated June 18,1945).) (No.2737A)) under an irrevocable trust agreement dated June 18,1945 betwee Walter H.Baker as donor and the Union National Bank and Edwa d which are not on the :-l audit list. APPOINTMENT OF INDIVIDUAL TRUSTEE One is in connection with a trus Monday,August 24,1970,at 10:00 o'clock A.M.,EDST. REX ROWLAND,ESQ.,of Allegheny County, Pa.,representing the Petitioner. THE HONORABLE P.VINCENT MARINO, Judge of the said COurt. If the Court please,we have two other matters PROCEEDINGS ON PETITION'FOR uill:~0:oII.~MR.ROWLAND: t-ll::JoU ~UiLII.o ti~CDo APPEARA NCES: ~Uo:J., %5 TIME: 0(z 0(~zZbIII. i~CI Z~BEFORE:; I ,\., A L.Stockdale as trustees.This is the Julia Vickroy Weimer TruE t. Under paragraph two of the trust agreement, David P.Weimer is substituted as co-trustee upon the death of Edward L.Stockdale,but David is now deceased.Then the agreement Provides thatupon the death of David a new individual t ustee ---------..----------_..-~~-~--------------------____,r__--__. 2 \') may be selected by Julia Vickroy Weim er if she is living,Or if no , living,then by a majority of the other beneficiaries who are of ag , but in either case only with the apJ?>roval of the cOrporate trustee then in office. Julia Vickroy Weimer is not living,so that \ cZ~zZbIII. i~CIziIII; ti~enii .JCij ii~"l ~l\l ai0:bI:t2bI0: I-0:~oU .JCijto the present beneficiaries under the trust are Walter Baker Weimew. and Jos eph Duncan Kniseley. As I mentioned before,Joseph Duncan Knisele lr is a minor.But paragraph five of the trust agreement provides th t where the beneficiary is a minor the vacancy shall be filled by a Cou rt having jurisdiction over this trust on application of the surviving trus tee.So the Union National Bank of Pittsburgh as surviving trustee is now petitioning Your Honor to appoint Willian G.Stewart as SuccesSor Individual TrDstee under this trUSt. And the reason,to anticipate Your Honor's qu estion,the reason we are suggesting William G.Stewart is that this is a companion trust to the other trust under an agreement of the same date.And we thought fOr administrative purposes Mr. Stewart should be the trustee. THE COURT:I understand.We will consider that. (Proceedings Closed) I~ \\.~ 1...:...1 «Z~~1 hereby certify that the proc~ed.1nga nnel evidcnciJ.are contained zz~fUlly and nccurntely in th.e noteD tllken by me on the baoring of the above ig~CCluoe.a.ntI that thiG copy 10 a correct transcript of the some. xUI; t~UIC..«ij C::I., aiII::~~The forcGolna ~corcl of the Proceedings IlJt>On tl~(;.1Oorin&\.if tho l1.IIIII::~above c8U£H.:is hereby aP'vrovcd anti directed to be tiled. ::1oU..«ij iL...o / / ./I en.=r u)40-J 0- r-..' ~.-J ,'.<-~0 .. ;l: :;;.."..<-.:> t:_ll.-Z "-- ''':'1 (::)0 0':'-~x r-,'.J.J '~ ( j--z 'J) Ll.J..J -:c t..-,:)c.;)tf) I) u::tJ.J ~~ c::>c:.:::-..-..- ... t ' .it1,!