Kenneth R. Kunzer v. Lisa A. Hiniker, et al.

QUESTIONS Under the direction of Albert P Herschler the law firm of Meier, Kennedy and Quinn created and executed the Last Will and Testament of Mr. Herschler dated April 5th, 1960, and Codicil dated January 16th, 1961, which included “Trust A and Trust B”. On April 5th, 1960, U.S. bank, [f /k/a ‘First Trust National Association”], became trustee of Trust A and Trust B. On the death of Mr. Herschler, Helen A. Herschler became beneficiary of Trust A and B. Mrs. Herschler passes away on Nov. 14, 1994. Pursuant to the January 16th, 1961 Codicil of Albert P. Herschler, at First (d) “This trust shall terminate upon the death of the last survivor of my said wife. The above Codicil is referring to Trust B. The last survivors of Mrs. Herschler and legal beneficiaries of Trust B are Audrey Heriot, Gary C. Kunzer, William P. Kunzer, Richard A. Kunzer and Kenneth R. Kunzer. Pet.App. 8a-9a. In violation of the above Codicil U.S. Bank terminated Trust B and gave the assets to St. Paul’s on the Hill Episcopal Church on June 27th, 1995. Pursuant to the Last Will of Mr. Herschler, Fifth (f) “The trust estate which my said wife disclaims or any portion of the trust estate remaining on the death of my said wife, which my said wife shall have failed to dispose of in an exercise of the power of appointment hereinbefore conferred upon her, shall be added to and become part of “Trust B” [A]s of June 27th, 1995, U.S. Bank can no longer add Trust A