[SEE CAPTION AT 1.3.1 ]
DECREE
Now, ________________ , 20 ____, it is hereby decreed that a citation is awarded, directed to Upstanding Trust Company, as trustee of the trust under Item SECOND of the Will of Joseph B. Dunn, Deceased to show cause why it should not produce documents, correspondence and other papers relating to stock dividends received by the trust for inspection and copying as requested in the annexed petition.
The citation is returnable the ____ day of ______, 20 ___, at ___ ___.m. in the office of the Clerk of the Orphans' Court Division, City Hall, Philadelphia, Pennsylvania.
________________
J.
[Petition on following page]
[SEE CAPTION AT 1.3.2 ]
PETITION
The petition of John Dunn respectfully states that:
1. Petitioner is the son of Joseph B. Dunn, who died on July 7, 2000, a resident of Philadelphia, Pennsylvania, leaving a Will dated October 2, 1992, which was duly admitted to probate. A copy of the Will is attached hereto as Exhibit "A."2. Under Item SECOND of his Will, decedent placed his entire estate in trust, to pay the net income to his wife, Jane R. Dunn, and upon her death to distribute the principal to his then living issue, per stirpes.3. Upstanding Trust Company is trustee of the trust under Item SECOND of the Will and it has filed its First and Final Account as trustee because of the death of decedent's widow, Jane R. Dunn, on January 1, 2001.4. Petitioner has filed objections to this Account, alleging that certain stock dividends received by the trust have been characterized improperly as income and distributed to the life tenant, rather than as principal to be accumulated for ultimate distribution to Petitioner, the remainderman.5. Petitioner requests that Upstanding Trust Company, trustee of the trust under Item SECOND of the Will of Joseph B. Dunn, Deceased, be ordered to show cause why it should not produce and permit the inspection and copying of all documents, correspondence and other papers relating to the receipt of stock dividends by the trustee and the decision of trustee to allocate them to income.6. The documents to be produced are in the custody, possession or control of Upstanding Trust Company.7. The production of these documents is necessary in order that Petitioner may adequately prepare for a hearing on his objections. Wherefore, Petitioner respectfully requests that a citation be awarded, directed to Upstanding Trust Company, as trustee of the trust under Item SECOND of the Will of Joseph B. Dunn, Deceased to show cause why it should not produce documents, correspondence and other papers relating to the stock dividends received by the trust for inspection and copying as requested.
________________
John Dunn
[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3 ]
* See Section 774 of the PEF Code, Rules 3.1 and 3.6, and Rule 3.6.A. Rule 3.6.A(1) provides that requests for depositions, discovery or production of documents may be granted only on petition upon cause shown.