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EMAC
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-13-2013 1:26 pm
Case Number: PES-89-176268
Filing Date: Feb-13-2013 1:20
Filed by: NOELIA RIVERA
Juke Box: 001 Image: 03942013
PETITION TO TRANSFER
EST. OF FRANCIS O'REILLY
001P03942013
Instructions:
Please place this sheet on top of the document to be scanned.San Francisca Chingy &
ORO
bee “uty
M. HOPE AGUILAR, SBN 123444
Law OFFICE OF STEWART NEUVILLE CLERK OF +: Ee.
11845 W. OLYMPIC BOULEVARD, Ste. 1000W By: Wbia “W' COURP
LOS ANGELES, CALIFORNIA 90064 Ah AMA
(310) 312-8620 ey
Attorneys for Trustee, DWIGHT PATRICK REILLY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
In re CASE NO.: PES-89-176268
ESTATE OF FRANCIS O°REILLY, [Assigned to the Hon. John Dearman]
PETITION TO TRANSFER VENUE
OF TRUST ADMINISTRATION
TO LOS ANGELES
APR 29 2013
DATE: ~
TIME: ‘| PROBATE DEPARTMENT}
DEPT: 204 OP Ad. Bi ZBAWisd
Deceased.
Petitioner/Trustee DWIGHT PATRICK REILLY respectfully represents:
lL. At all relevant times mentioned in this Petition, Petitioner/Trustee DWIGHT PATRICK
REILLY was and now is the duly appointed and acting trustee of the Francis O'Reilly Testamentary
Trust (“Petitioner/Trustee”) created under the will of FRANCIS O’REILLY, deceased, a copy of
which is attached as Exhibit "1" and made a part of this Petition (the “Trust”); having been so
appointed by this Court on 28 February 2001.
2. Petitioner/Trustee is also the Trust’s sole income beneficiary and has a life estate in the
Trust’s assets. There is no other or successor income beneficiary named in the Trust and no one, other
than Petitioner/Trustee has a competing interest in the corpus of the estate until after
Petitioner/Trustee’s death.
3. Petitioner/Trustee petitions this Court to obtain an order transferring the jurisdiction
over the Trust to the Probate Court of the Los Angeles Superior Court in Los Angeles County,
California,
4. The decedent's Trust was rightfully administered since its inception in San Francisco
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Petition To Transfer Venue of Trust AdministrationCounty, California because the decedent died in San Francisco in the 1960s.
5. Today, however, there is no party and there are no assets located in San Francisco. The
Petitioner/Trustee lives in Los Angeles, California. The contingent remaindermen beneficiaries live in
the countries of Ireland and England. The trust corpus is an apartment building located in Los
Angeles, California. Therefore, Petitioner/Trustee asks that the administration of this Trust be moved
to Department 11 (Probate Court) at the Los Angeles Superior Court, 111 North Hill Street, Los
Angeles, CA 90012 for the convenience of both the Petitioner/Trustee and the Court.
History of the Case
6. The deceased died on 11 March 1966 and the Trust was created by his will, subject to
this Court’s continuing jurisdiction pursuant to Probate Code Sections 17300, et seg., for the benefit of
either the Petitioner/Trustee’s issue, or the contingent remaindermen of decedent’s estate who reside in
Ireland and England.
7. The Trust instrument provides that upon Petitioner’s death, the trust is to terminate and
its principal is then to be distributed to Petitioner’s issue. However, if Petitioner/Trustee has no issue
at the time of his death, the principal was then to be distributed to decedent’s nephew, Francis
O'Reilly, who resided in County Galway in the country of Ireland. Petitioner/Trustee is currently
without issue. Decedent’s nephew, Francis O’Reilly, died in 2011, leaving issue.
8. The Petitioner/Trustee, sole income beneficiary under the Trust, has lived in the Los
Angeles area since 1975, except for the period from November 2001 to May 2005. Petitioner/Trustee
currently resides at 7909 Alverstone Avenue, Apt #7, Los Angeles, California 90045.
9. The character, condition, value, and location of the property included in the trust estate
are as follows:
a. A four-unit apartment building located at 867 West 1* Street, San Pedro, in Southern
California and valued at $745,000'; plus
b. $1,507.87 in cash, which is deposited in a blocked account at UBS Financial Services
Inc., located at 600 West Broadway in San Diego, California.
' The San Pedro Property generates an estimated annual gross rental income of $56,000 and estimated expenses of $35,000
with a net income of $21,000. Petitioner/Trustee is entitled to all net income, which is his primary source of income.
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Petition To Transfer Venue of Trust Administration10, Petitioner/Trustee currently has no issue. The six confirmed Contingent Remaindermen
(issue of the recently deceased Contingent Remainderman) live in the countries of Ireland and
England. The names and addresses of all living Contingent Remainder beneficiaries of the Trust, as
far as provided to Petitioner/Trustee by their counsel, are as follows and are served with this Petition”:
Name _ Address
Margaret Scully Pallas Hse, Beaufort Bridge Killarney, County Kerry IRELAND
Michael O'Reilly Cloghoge, Swanlinbar, County Cavan, IRELAND
Anita Fitzpatrick 89 Campbell Gordon Way London, NW2 6RW, UK
Rosie McManus Main Street, Swanlinbar County Cavan, IRELAND
Pauric O'Reilly Derrylin Co, Fermanagh BT92, No, IRELAND
Francis O'Reilly Hawood, Swanlinbar County Cavan, IRELAND
ql. In addition to the facts that (i) Petitioner/Trustee lives in Los Angeles, and (ii) the
corpus of the Trust (the apartment building) is located in Los Angeles as good reasons for transferring
jurisdiction over the Trust to Los Angeles Superior Court; are that the Trustee has had to travel to San
Francisco to attend hearings at great expense which he cannot afford, and he has often paid counsel for
travel time to and from hearings.
12. In addition to the contingent remainderpeople listed above who are entitled to, and shall
receive notice of this Petition, H.M. Vreeland & Son Insurance Agency also filed a Request For Notice
to be served at P.O. BOX 2628, Petaluma, CA 94953 and is being served a copy of this Petition.
WHEREFORE, for all the above reasons, Petitioner/Trustee prays for an order
transferring the jurisdiction over the Trust to Los Angeles Superior Court.
Respectfully submitted,
Dated: February 11, 2013
? There is a possible additional Contingent Remainderman sibling named “Breda O’Reilly.” Information is being gathered.
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Petition To Transfer Venue of Trust Administration10
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AFFIDAVIT AND VERIFICATION
I, Patrick Reilly, am the petitioner, the sole income beneficiary, and the court-appointed
Trustee in the above-entitled proceeding. I have read the foregoing Petition and know the contents
thereof, The same is true of my own knowledge, and to my best recollection, except as to those
matters that are stated to be on information and belief, and as to those matters, I believe them to be
true. I am personally familiar with all of the facts; and, if called as a witness, I could and would
competently and truthfully testify to them.
All documents which are attached as exhibits to this Petition and following this Affidavit are
true copies thereof, and they are incorporated by this reference as if set forth in full here.
Further, an executed photocopy or executed facsimile copy or executed electronic copy with a
digital signature or digitally-archived or photographically archived copy of this Affidavit and
Verification shall have the same force and effect as an executed original document.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that I signed this Verification on February _¥, 2013.
4
Petition To Transfer Venue of Trust AdministrationExhibit 1
Order to Appoint Temporary Successor Trustee
and Last Will & Testamentary Trust of
Francis O’ReillySent by: Ander
—
4
5
JHE ANNEXBD,
CORRECT Ci
‘ON FILE I
ATTEST:
JAN
sen Bonnafield & Cottle - 9256250143; 01/04/01 14:38; Baas; rage ¢/2t
SEA BONNIFIELD #60616
NA. COTTLE #146229 7
ANDERSEN, BONNIFIELD & COTTLE EF I L. E.
One Corporate Centre 4s 00 Sas Francisco Coy
1 illow Pass Road, Suite 5! -
Concord, California 94520 JAN 9 ~ 2001
‘elephone: (925) 602-1400 ‘
Facsimile: (925) 825-0143 GORDON | PBRUCLI, Cierk
BY:
Attomeys for Petitioner DWIGHT O'REILLY Deputy Clerk
INSTRUMENT IS A
‘OF THE ORIGINAL
MY OFFICE.
CERTIFIED
$2001 SUPERIOR COURT OF THE STATE OF CALIFORNIA «-
FOR THE COUNTY OF SAN FRANCISCO
Tust of CASE NO.: 176268
TEM Posty a
LLY, ) ORDER TO APPOINT -AFSREM
) SUCCESSOR TRUSTEE
Deceased. )
)
)
)
This ex parte proceeding for an Order to appoint Petitioner, DWIGHT O'REILLY, as ag
Eee essor Trustee of the Testamentary Trust created under the Will of FRANCIS
O'REILLY and the Decree of Final Distribution under Will dated October 17, 1967 entered in the
proceedings for decedent's probate estate on the verified Petition of DWIGHT O'REILLY and the
Beneficiary’s Declaration and Nomination of Successor Trustee filed herein, came on regularly for
hearing at 3:00 p.m. on January 5, 2001 before this Court sitting without jury. Petitioner appeared
by counsel, R. M. Bonnifield, Esq. of the law firm of Andersen, Bonnifield & Cortle.
On proof made to the satisfaction of the Court that the Ex Parte Application ought to be
granted, .
IT IS THEREFORE ORDERED as follows:
1. That DWIGHT O'REILLY is appointed aoa Cidessor Trustee, succeeding a
Cbrnary 26, 2v0l
GERALDINE McGOVERN, deceased, until 4 + imted:
2. That DWIGHT O'REILLY is vested with all powers that were vested in
JAN 64
ORDER TO APPOINT INTERIM SUCCTSSOR TRUST CE a
2261 14741 9258258143 PAGE . 8710
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4 Bonnitield & Cottse - 9256250143; UIFU41U1 Baron, Fae, reyes ores
| GERALDINE McGOVERN as ‘lrustee under the Testamentary Trust created under the Will of
FRANCIS O'REILLY and the Decree of Final Distribution under Will dated October 17, 1967
entered in the proceedings for decedent's probate estate. DWIGEIT O'REILLY as the See
Successor Trustee must execute the Trust according to the terms of that instrument. There. shal
be no sale 2 vea\ Peper*y without court Order.
3. Bond for DWIGHT O’REILLY to act as,fetenien Successor Trustee is set at
Temporary
$50,000.00.
DATED: San S , 2001
LAWORKIO REILLY \PidgtOROERA WPD-
ORDER TO APPOINT INTERIM SUCCESSOR TRUSTFE 2
JAN 84 2881 14:41 9258256143 PAGE. BBRecnived: 11/17/00 16:54; ->Andersen Bonnatield & Gottie -; #610; Fuye 2G
FAX NO. : Nov. 17 2888 @4;S6PM P26
AST WLLL AnD TESTAMENT
~or-
1S O'R
FROM Fay‘H Blair Acctcy Corp
soe
LLY
I, FRANCES O'RZILLY, beiug of sound and disposing mind and
mamory, and not acting undex soy aunace, duress, fraud or undue
influence, do hereby make, puvslish and déclare the following to be
my Lege Will and Testamence:
FIRST: I aereby revoke a11 wills and codicils heretofore
made by ne.
SECO!
I hereby declare that 1 am a single mar and heave no
‘3: I hereby give, devise and bequeath all of my estate,
both real’ and pexsonal, of every kind, character and description
and wheresoever situated, together with all property over which
I may have a power of testamentary disposition at the time of ay
each pursuant to power of appointment, and which I have not
ocherw..2 disposed of (all of which property in whatever form
it may take at any time, is hereinafter sometimes referred co as
the 'Trest Estate"), unso the trustee hereinafter named, Is TRUST,
HOWEVER, for the following uses and puxposes:
1, ‘he urustee shall hold, manage, invest and deai with
the trust estate as herein authorized and direcred,
cel.ect and receive che income derived therefrom, pay all
coz:8, taxes, charges and other expenses incidental to,
or growing out of, the trust as hereinafter provided, and
shail pay all of the net. income dexived from the trust :
estate to my grandniece, CERALDINE ANNE McGOVERN, for
the duration of her life,
On the death of my said grandniece, GERALDINE - WE
McG. VERN, with issue or the survivors of predeceased
issue then this trust shall terminate and the trustee
shall pay over the entire remcining corpus to the issue
leRecsived: 11/17/00 15: -sAndersen Bonnatield & Cottle -; #510; Fuge 27
"ROM: Fay'H Blair Acctcy Corp FAX NO. : Nov. 17 2080 84:58 P27
ra cy
oats
or survivors of predeccesed issue of said GERALDINE
ANNE McGOVERN per stixrpes and noc per capita.
Should sy grandoiece, GERALDINE ANNE McGOVERN, die
without any issue surviving her then, and in that event,
Said net income shall be payeble to my nephew, DWIGRT ¢
o'RSTLEY, for che duration of his life.
== -
Gn the death of my said nephew, DWICHT O'RZILLY,
with issue ox the survivors of predeceased issue, then
this trust shall terminate and the trustee shall pay
- over the entire remaining corpus to the issue or
suxvivors of predeceased issue of DWIGHT O'REILLY per
stirpes and not per capita.
+ Should my nephew, DWIGHT O'REILLY, die withoucr issue
suxviving aim, then and in that event, this trust shall
terminate and my trustee shall pay over the entire
semaining coxpus thereof to my nephew, FRANCIS O'REILLY,
o£ Moughrea County, Cavin, Ireland.
2. The trustee of the trust herein creared and provided
fox shall have all of the powers generally confexxed upon
tzust¢as by Law and, in addition thereto, shall have the
following authorities and powers:
a. To take chezge of the trust property and to
hold, manage, operate, maintain and control the
same; to invest and reinvesr and keep the same
invested in such manner and in such property,
whether real or personal, as may seem advisable, ali
without legal restrictions otherwise applicable
to trustees; to retain and continue to hold
definitely all or any part of the property
ia the same form as received or acquired, regardless
of whether the sama is productive of income or
whether the trustee would have purchased the same
£3 trustee, without being under any duty either
-2-Received: 11/17/00 15:66; ->Andersen Bonnifield & Cottle -; #510; Page 26
FROM: Fay'H Blair Acctcy Corp FAX NO, = Nov.
an ao o
17 2000 84:59PM P28
vo converts or diversity che same; vo hold moneys
in such iaterese-saaring or non-ingerast-bearing
bank accouncé in such amounts and Zor such periods
of time as the trustee shall deem proper, without
being liable for any loss of income to the truse
estate.
b. To vorrow money, with or without security;
te sell, convey, leasa, mortgage, pledge,
hypothecate, exchange, insure, improve, alter or
repair any part or all of the trust estate; to
exeate estates in, make conveyances, grant options,
easements, oil, gas and mineral rights, of all
or any part of the trust estate for periods continuing
beyond the life of che trust or for lesser periods
of time; to partition and agree for the partition
of any proparty in which che trustees hold any
interest and to institute and prosecute actions for
such partition and to compromise the. same; to bid at
any partition sales for and on behalf of che trusc
and use cash or other property held by them hereunder
for the purpose of purchasing property at partition
sales; to make, execute and deliver any and all
deeds, conveyances, leases, Cransfers, bills of
sale, notes, mortgages, pledges, assignments,
hypothecations, agreements, consents, documents and other
writings necessary or proper for the purpose of exercising
any of the powers possessed by the trustee; and
generally to exercisa with respect to any and all
of the trust property all rights, powers and
privileges as exe or may be lawfully exercised by
any person owning similar property in his own right,
all at such times and upon Such terms and conditions
-3-3; #510; Page 20
aN
Received: 11/17/00 16:56; ->Andersen Bonnifield & Cottle
*
FAX NO. Nov, 17 2008 @5:@0PM P29
FROM: Fay'H Blair Acctcy Corp
rt. aan
ang in such mane
in ordex co earzy aut the provisions of this will,
and all without the necessity of obtaining any
order of court authorizing or confirming the action
of the trustee with respect thereto,
¢. To vote in pezson or by proxy upon all shares
o£ stock or other securities held by che cruscee;
to consent to, initiate or participate in reorganizations,
consolidations, mergers, dissolutions, liquidarions,
foreclosures, recepitaiizations, financing or
xefinancing of any corporation oz association in
which the txustee has any interest; to exercise,
o& omit to exercise, any option contained in any stocks,
bonds or other securities for the conversion of the
same into other securities, and to take advantage
of, ox omit. to teke advancage of, any rights, to
subscribe for additional stocks, bonds ox other
securities, and meke any and all necessary, payments
therefor,
a. To take title to any securities or other
propexty of the crust catate in his name as trustee
hereunder, ox in hig own name, or in the name of @
nominee without disclosing the trust, ox in the
case of securities co teke and keep the same
unregistered and to retain them in such a manner that
they will pasa by delivery; but no such registration
ox holding by the trustee shall relieve bim in any
wey of the duty noxmally imposed upon trustees to
exercise reasonzble and ordinary care for the safe
custody and proper disposition of such crust property.
@, fo sertle, comoxomise, adjust and arbitrate
any and all claims in favor of or against the trust
or the property cthareof,
-4- .Co em I KO
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I, the undersigned, declare I am over the age of eighteen years and not a party to the within action or
proceeding. My busingss address is 11845 W. Olympic Boulevard, Suite 1000, Los Angeles, California, 90064.
'
On February Ys 2013, I served the within
PETITION TO TRANSFER VENUE OF TRUST ADMINISTRATION TO LOS ANGELES
on interested parties to this action by:
facsimile at the listed numbers; and/or by ["_] e-mail at the addresses listed, and/or by;
overnight courier and/or by _ [__] personal delivery and/or by regular mail by placing
the original; true copy(ies), thereof enclosed in sealed envelopes [X}
follows: [X_] as addressed in the attached mailing list:
SEE ATTACHED LIST
BY MAIL [C.C.P. § 1013(a)] I am readily familiar with the firm's practice of collection and
processing correspondence for mailing with the U.S. Postal Service.
({] BY FACSIMILE [C.R.C. Rule 2.306} The parties have agreed in writing to accept and receive service
by facsimile.
(J BY EMAIL [C.R.C. Rule 2.260] The parties have either agreed in writing to accept and receive service
by email or have consented to such service by fiting electronically with the court.
The document was transmitted by facsimile or email and the transmission was reported as complete and
without error by the transmitting device.
C4 BY EXPRESS MAIL; FEDERAL EXPRESS; UPS. [C.C.P.§ 1013(c)] lam readily familiar with
the firm’s practice of collection and processing correspondence for mailing with U.S. Postal Service
Express Mail, Federal Express or United Postal Service.
Under that practice it would be deposited on that same day with postage fully prepaid in Los Angeles,
California in the ordinary course of business. The envelope was sealed and placed for collection and mailing
on the date of execution set forth below following ordinary business practices.
| BY PERSONAL DELIVERY [C.C-P. § 101 1(a)| I personally delivered such envelope(s) by hand to the
offices of the addressee(s).
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 1A, 2013 at Los Angeles, California.
Jan Ohoon Ca me
[Print Name of Person Executing Proof] [Signature]QD vA fF BN
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Contingent Remainderperson
Margaret Scully
Pallas House, Beaufort
Killamey, County Kerry
IRELAND
Service by U.S. Mail
Contingent Remainderperson
Michael O'Reilly
Cloghoge, Swanlinbar,
County Cavan, IRELAND
Service by U.S. Mail
Contingent Remainderperson
Anita Fitzpatrick
89 Campbell Gordon Way
London, NW2 6RW, UK
Service by U.S. Mail
Contingent Remainderperson
Francis O'Reilly
Hawood, Swanlinbar
County Cavan,
IRELAND
Service by U.S. Mail
Counsel For Contingent Remainderpeople
Richard Wise, Esq.
220 Montgomery Street, Ste 965
San Francisco, CA 94104
Service by U.S. Mail & Facsimile
Contingent Remainderpersan
Rosie McManus
Main Street
Swanlinbar, County Cavan
IRELAND
Service by U.S, Mail
Contingent Remainderperson
Pauric O'Reilly
Derrylin
Co. Fermanagh BT92,
Northem IRELAND
Service by U.S. Mail
Requested Special Notice
HLM. Vreeland & Son Insurance Agency
P.O. BOX 2628
Petaluma, CA 94953
Service by U.S. Mail
Preview
EMAC SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-13-2013 1:26 pm Case Number: PES-89-176268 Filing Date: Feb-13-2013 1:20 Filed by: NOELIA RIVERA Juke Box: 001 Image: 03942013 PETITION TO TRANSFER EST. OF FRANCIS O'REILLY 001P03942013 Instructions: Please place this sheet on top of the document to be scanned.San Francisca Chingy & ORO bee “uty M. HOPE AGUILAR, SBN 123444 Law OFFICE OF STEWART NEUVILLE CLERK OF +: Ee. 11845 W. OLYMPIC BOULEVARD, Ste. 1000W By: Wbia “W' COURP LOS ANGELES, CALIFORNIA 90064 Ah AMA (310) 312-8620 ey Attorneys for Trustee, DWIGHT PATRICK REILLY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO In re CASE NO.: PES-89-176268 ESTATE OF FRANCIS O°REILLY, [Assigned to the Hon. John Dearman] PETITION TO TRANSFER VENUE OF TRUST ADMINISTRATION TO LOS ANGELES APR 29 2013 DATE: ~ TIME: ‘| PROBATE DEPARTMENT} DEPT: 204 OP Ad. Bi ZBAWisd Deceased. Petitioner/Trustee DWIGHT PATRICK REILLY respectfully represents: lL. At all relevant times mentioned in this Petition, Petitioner/Trustee DWIGHT PATRICK REILLY was and now is the duly appointed and acting trustee of the Francis O'Reilly Testamentary Trust (“Petitioner/Trustee”) created under the will of FRANCIS O’REILLY, deceased, a copy of which is attached as Exhibit "1" and made a part of this Petition (the “Trust”); having been so appointed by this Court on 28 February 2001. 2. Petitioner/Trustee is also the Trust’s sole income beneficiary and has a life estate in the Trust’s assets. There is no other or successor income beneficiary named in the Trust and no one, other than Petitioner/Trustee has a competing interest in the corpus of the estate until after Petitioner/Trustee’s death. 3. Petitioner/Trustee petitions this Court to obtain an order transferring the jurisdiction over the Trust to the Probate Court of the Los Angeles Superior Court in Los Angeles County, California, 4. The decedent's Trust was rightfully administered since its inception in San Francisco 1 Petition To Transfer Venue of Trust AdministrationCounty, California because the decedent died in San Francisco in the 1960s. 5. Today, however, there is no party and there are no assets located in San Francisco. The Petitioner/Trustee lives in Los Angeles, California. The contingent remaindermen beneficiaries live in the countries of Ireland and England. The trust corpus is an apartment building located in Los Angeles, California. Therefore, Petitioner/Trustee asks that the administration of this Trust be moved to Department 11 (Probate Court) at the Los Angeles Superior Court, 111 North Hill Street, Los Angeles, CA 90012 for the convenience of both the Petitioner/Trustee and the Court. History of the Case 6. The deceased died on 11 March 1966 and the Trust was created by his will, subject to this Court’s continuing jurisdiction pursuant to Probate Code Sections 17300, et seg., for the benefit of either the Petitioner/Trustee’s issue, or the contingent remaindermen of decedent’s estate who reside in Ireland and England. 7. The Trust instrument provides that upon Petitioner’s death, the trust is to terminate and its principal is then to be distributed to Petitioner’s issue. However, if Petitioner/Trustee has no issue at the time of his death, the principal was then to be distributed to decedent’s nephew, Francis O'Reilly, who resided in County Galway in the country of Ireland. Petitioner/Trustee is currently without issue. Decedent’s nephew, Francis O’Reilly, died in 2011, leaving issue. 8. The Petitioner/Trustee, sole income beneficiary under the Trust, has lived in the Los Angeles area since 1975, except for the period from November 2001 to May 2005. Petitioner/Trustee currently resides at 7909 Alverstone Avenue, Apt #7, Los Angeles, California 90045. 9. The character, condition, value, and location of the property included in the trust estate are as follows: a. A four-unit apartment building located at 867 West 1* Street, San Pedro, in Southern California and valued at $745,000'; plus b. $1,507.87 in cash, which is deposited in a blocked account at UBS Financial Services Inc., located at 600 West Broadway in San Diego, California. ' The San Pedro Property generates an estimated annual gross rental income of $56,000 and estimated expenses of $35,000 with a net income of $21,000. Petitioner/Trustee is entitled to all net income, which is his primary source of income. 2 Petition To Transfer Venue of Trust Administration10, Petitioner/Trustee currently has no issue. The six confirmed Contingent Remaindermen (issue of the recently deceased Contingent Remainderman) live in the countries of Ireland and England. The names and addresses of all living Contingent Remainder beneficiaries of the Trust, as far as provided to Petitioner/Trustee by their counsel, are as follows and are served with this Petition”: Name _ Address Margaret Scully Pallas Hse, Beaufort Bridge Killarney, County Kerry IRELAND Michael O'Reilly Cloghoge, Swanlinbar, County Cavan, IRELAND Anita Fitzpatrick 89 Campbell Gordon Way London, NW2 6RW, UK Rosie McManus Main Street, Swanlinbar County Cavan, IRELAND Pauric O'Reilly Derrylin Co, Fermanagh BT92, No, IRELAND Francis O'Reilly Hawood, Swanlinbar County Cavan, IRELAND ql. In addition to the facts that (i) Petitioner/Trustee lives in Los Angeles, and (ii) the corpus of the Trust (the apartment building) is located in Los Angeles as good reasons for transferring jurisdiction over the Trust to Los Angeles Superior Court; are that the Trustee has had to travel to San Francisco to attend hearings at great expense which he cannot afford, and he has often paid counsel for travel time to and from hearings. 12. In addition to the contingent remainderpeople listed above who are entitled to, and shall receive notice of this Petition, H.M. Vreeland & Son Insurance Agency also filed a Request For Notice to be served at P.O. BOX 2628, Petaluma, CA 94953 and is being served a copy of this Petition. WHEREFORE, for all the above reasons, Petitioner/Trustee prays for an order transferring the jurisdiction over the Trust to Los Angeles Superior Court. Respectfully submitted, Dated: February 11, 2013 ? There is a possible additional Contingent Remainderman sibling named “Breda O’Reilly.” Information is being gathered. 3 Petition To Transfer Venue of Trust Administration10 It 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 AFFIDAVIT AND VERIFICATION I, Patrick Reilly, am the petitioner, the sole income beneficiary, and the court-appointed Trustee in the above-entitled proceeding. I have read the foregoing Petition and know the contents thereof, The same is true of my own knowledge, and to my best recollection, except as to those matters that are stated to be on information and belief, and as to those matters, I believe them to be true. I am personally familiar with all of the facts; and, if called as a witness, I could and would competently and truthfully testify to them. All documents which are attached as exhibits to this Petition and following this Affidavit are true copies thereof, and they are incorporated by this reference as if set forth in full here. Further, an executed photocopy or executed facsimile copy or executed electronic copy with a digital signature or digitally-archived or photographically archived copy of this Affidavit and Verification shall have the same force and effect as an executed original document. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I signed this Verification on February _¥, 2013. 4 Petition To Transfer Venue of Trust AdministrationExhibit 1 Order to Appoint Temporary Successor Trustee and Last Will & Testamentary Trust of Francis O’ReillySent by: Ander — 4 5 JHE ANNEXBD, CORRECT Ci ‘ON FILE I ATTEST: JAN sen Bonnafield & Cottle - 9256250143; 01/04/01 14:38; Baas; rage ¢/2t SEA BONNIFIELD #60616 NA. COTTLE #146229 7 ANDERSEN, BONNIFIELD & COTTLE EF I L. E. One Corporate Centre 4s 00 Sas Francisco Coy 1 illow Pass Road, Suite 5! - Concord, California 94520 JAN 9 ~ 2001 ‘elephone: (925) 602-1400 ‘ Facsimile: (925) 825-0143 GORDON | PBRUCLI, Cierk BY: Attomeys for Petitioner DWIGHT O'REILLY Deputy Clerk INSTRUMENT IS A ‘OF THE ORIGINAL MY OFFICE. CERTIFIED $2001 SUPERIOR COURT OF THE STATE OF CALIFORNIA «- FOR THE COUNTY OF SAN FRANCISCO Tust of CASE NO.: 176268 TEM Posty a LLY, ) ORDER TO APPOINT -AFSREM ) SUCCESSOR TRUSTEE Deceased. ) ) ) ) This ex parte proceeding for an Order to appoint Petitioner, DWIGHT O'REILLY, as ag Eee essor Trustee of the Testamentary Trust created under the Will of FRANCIS O'REILLY and the Decree of Final Distribution under Will dated October 17, 1967 entered in the proceedings for decedent's probate estate on the verified Petition of DWIGHT O'REILLY and the Beneficiary’s Declaration and Nomination of Successor Trustee filed herein, came on regularly for hearing at 3:00 p.m. on January 5, 2001 before this Court sitting without jury. Petitioner appeared by counsel, R. M. Bonnifield, Esq. of the law firm of Andersen, Bonnifield & Cortle. On proof made to the satisfaction of the Court that the Ex Parte Application ought to be granted, . IT IS THEREFORE ORDERED as follows: 1. That DWIGHT O'REILLY is appointed aoa Cidessor Trustee, succeeding a Cbrnary 26, 2v0l GERALDINE McGOVERN, deceased, until 4 + imted: 2. That DWIGHT O'REILLY is vested with all powers that were vested in JAN 64 ORDER TO APPOINT INTERIM SUCCTSSOR TRUST CE a 2261 14741 9258258143 PAGE . 8710 ni | 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Bonnitield & Cottse - 9256250143; UIFU41U1 Baron, Fae, reyes ores | GERALDINE McGOVERN as ‘lrustee under the Testamentary Trust created under the Will of FRANCIS O'REILLY and the Decree of Final Distribution under Will dated October 17, 1967 entered in the proceedings for decedent's probate estate. DWIGEIT O'REILLY as the See Successor Trustee must execute the Trust according to the terms of that instrument. There. shal be no sale 2 vea\ Peper*y without court Order. 3. Bond for DWIGHT O’REILLY to act as,fetenien Successor Trustee is set at Temporary $50,000.00. DATED: San S , 2001 LAWORKIO REILLY \PidgtOROERA WPD- ORDER TO APPOINT INTERIM SUCCESSOR TRUSTFE 2 JAN 84 2881 14:41 9258256143 PAGE. BBRecnived: 11/17/00 16:54; ->Andersen Bonnatield & Gottie -; #610; Fuye 2G FAX NO. : Nov. 17 2888 @4;S6PM P26 AST WLLL AnD TESTAMENT ~or- 1S O'R FROM Fay‘H Blair Acctcy Corp soe LLY I, FRANCES O'RZILLY, beiug of sound and disposing mind and mamory, and not acting undex soy aunace, duress, fraud or undue influence, do hereby make, puvslish and déclare the following to be my Lege Will and Testamence: FIRST: I aereby revoke a11 wills and codicils heretofore made by ne. SECO! I hereby declare that 1 am a single mar and heave no ‘3: I hereby give, devise and bequeath all of my estate, both real’ and pexsonal, of every kind, character and description and wheresoever situated, together with all property over which I may have a power of testamentary disposition at the time of ay each pursuant to power of appointment, and which I have not ocherw..2 disposed of (all of which property in whatever form it may take at any time, is hereinafter sometimes referred co as the 'Trest Estate"), unso the trustee hereinafter named, Is TRUST, HOWEVER, for the following uses and puxposes: 1, ‘he urustee shall hold, manage, invest and deai with the trust estate as herein authorized and direcred, cel.ect and receive che income derived therefrom, pay all coz:8, taxes, charges and other expenses incidental to, or growing out of, the trust as hereinafter provided, and shail pay all of the net. income dexived from the trust : estate to my grandniece, CERALDINE ANNE McGOVERN, for the duration of her life, On the death of my said grandniece, GERALDINE - WE McG. VERN, with issue or the survivors of predeceased issue then this trust shall terminate and the trustee shall pay over the entire remcining corpus to the issue leRecsived: 11/17/00 15: -sAndersen Bonnatield & Cottle -; #510; Fuge 27 "ROM: Fay'H Blair Acctcy Corp FAX NO. : Nov. 17 2080 84:58 P27 ra cy oats or survivors of predeccesed issue of said GERALDINE ANNE McGOVERN per stixrpes and noc per capita. Should sy grandoiece, GERALDINE ANNE McGOVERN, die without any issue surviving her then, and in that event, Said net income shall be payeble to my nephew, DWIGRT ¢ o'RSTLEY, for che duration of his life. == - Gn the death of my said nephew, DWICHT O'RZILLY, with issue ox the survivors of predeceased issue, then this trust shall terminate and the trustee shall pay - over the entire remaining corpus to the issue or suxvivors of predeceased issue of DWIGHT O'REILLY per stirpes and not per capita. + Should my nephew, DWIGHT O'REILLY, die withoucr issue suxviving aim, then and in that event, this trust shall terminate and my trustee shall pay over the entire semaining coxpus thereof to my nephew, FRANCIS O'REILLY, o£ Moughrea County, Cavin, Ireland. 2. The trustee of the trust herein creared and provided fox shall have all of the powers generally confexxed upon tzust¢as by Law and, in addition thereto, shall have the following authorities and powers: a. To take chezge of the trust property and to hold, manage, operate, maintain and control the same; to invest and reinvesr and keep the same invested in such manner and in such property, whether real or personal, as may seem advisable, ali without legal restrictions otherwise applicable to trustees; to retain and continue to hold definitely all or any part of the property ia the same form as received or acquired, regardless of whether the sama is productive of income or whether the trustee would have purchased the same £3 trustee, without being under any duty either -2-Received: 11/17/00 15:66; ->Andersen Bonnifield & Cottle -; #510; Page 26 FROM: Fay'H Blair Acctcy Corp FAX NO, = Nov. an ao o 17 2000 84:59PM P28 vo converts or diversity che same; vo hold moneys in such iaterese-saaring or non-ingerast-bearing bank accouncé in such amounts and Zor such periods of time as the trustee shall deem proper, without being liable for any loss of income to the truse estate. b. To vorrow money, with or without security; te sell, convey, leasa, mortgage, pledge, hypothecate, exchange, insure, improve, alter or repair any part or all of the trust estate; to exeate estates in, make conveyances, grant options, easements, oil, gas and mineral rights, of all or any part of the trust estate for periods continuing beyond the life of che trust or for lesser periods of time; to partition and agree for the partition of any proparty in which che trustees hold any interest and to institute and prosecute actions for such partition and to compromise the. same; to bid at any partition sales for and on behalf of che trusc and use cash or other property held by them hereunder for the purpose of purchasing property at partition sales; to make, execute and deliver any and all deeds, conveyances, leases, Cransfers, bills of sale, notes, mortgages, pledges, assignments, hypothecations, agreements, consents, documents and other writings necessary or proper for the purpose of exercising any of the powers possessed by the trustee; and generally to exercisa with respect to any and all of the trust property all rights, powers and privileges as exe or may be lawfully exercised by any person owning similar property in his own right, all at such times and upon Such terms and conditions -3-3; #510; Page 20 aN Received: 11/17/00 16:56; ->Andersen Bonnifield & Cottle * FAX NO. Nov, 17 2008 @5:@0PM P29 FROM: Fay'H Blair Acctcy Corp rt. aan ang in such mane in ordex co earzy aut the provisions of this will, and all without the necessity of obtaining any order of court authorizing or confirming the action of the trustee with respect thereto, ¢. To vote in pezson or by proxy upon all shares o£ stock or other securities held by che cruscee; to consent to, initiate or participate in reorganizations, consolidations, mergers, dissolutions, liquidarions, foreclosures, recepitaiizations, financing or xefinancing of any corporation oz association in which the txustee has any interest; to exercise, o& omit to exercise, any option contained in any stocks, bonds or other securities for the conversion of the same into other securities, and to take advantage of, ox omit. to teke advancage of, any rights, to subscribe for additional stocks, bonds ox other securities, and meke any and all necessary, payments therefor, a. To take title to any securities or other propexty of the crust catate in his name as trustee hereunder, ox in hig own name, or in the name of @ nominee without disclosing the trust, ox in the case of securities co teke and keep the same unregistered and to retain them in such a manner that they will pasa by delivery; but no such registration ox holding by the trustee shall relieve bim in any wey of the duty noxmally imposed upon trustees to exercise reasonzble and ordinary care for the safe custody and proper disposition of such crust property. @, fo sertle, comoxomise, adjust and arbitrate any and all claims in favor of or against the trust or the property cthareof, -4- .Co em I KO 10 I 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I, the undersigned, declare I am over the age of eighteen years and not a party to the within action or proceeding. My busingss address is 11845 W. Olympic Boulevard, Suite 1000, Los Angeles, California, 90064. ' On February Ys 2013, I served the within PETITION TO TRANSFER VENUE OF TRUST ADMINISTRATION TO LOS ANGELES on interested parties to this action by: facsimile at the listed numbers; and/or by ["_] e-mail at the addresses listed, and/or by; overnight courier and/or by _ [__] personal delivery and/or by regular mail by placing the original; true copy(ies), thereof enclosed in sealed envelopes [X} follows: [X_] as addressed in the attached mailing list: SEE ATTACHED LIST BY MAIL [C.C.P. § 1013(a)] I am readily familiar with the firm's practice of collection and processing correspondence for mailing with the U.S. Postal Service. ({] BY FACSIMILE [C.R.C. Rule 2.306} The parties have agreed in writing to accept and receive service by facsimile. (J BY EMAIL [C.R.C. Rule 2.260] The parties have either agreed in writing to accept and receive service by email or have consented to such service by fiting electronically with the court. The document was transmitted by facsimile or email and the transmission was reported as complete and without error by the transmitting device. C4 BY EXPRESS MAIL; FEDERAL EXPRESS; UPS. [C.C.P.§ 1013(c)] lam readily familiar with the firm’s practice of collection and processing correspondence for mailing with U.S. Postal Service Express Mail, Federal Express or United Postal Service. Under that practice it would be deposited on that same day with postage fully prepaid in Los Angeles, California in the ordinary course of business. The envelope was sealed and placed for collection and mailing on the date of execution set forth below following ordinary business practices. | BY PERSONAL DELIVERY [C.C-P. § 101 1(a)| I personally delivered such envelope(s) by hand to the offices of the addressee(s). I declare under penalty of perjury that the foregoing is true and correct. Executed on February 1A, 2013 at Los Angeles, California. Jan Ohoon Ca me [Print Name of Person Executing Proof] [Signature]QD vA fF BN 10 i 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 Contingent Remainderperson Margaret Scully Pallas House, Beaufort Killamey, County Kerry IRELAND Service by U.S. Mail Contingent Remainderperson Michael O'Reilly Cloghoge, Swanlinbar, County Cavan, IRELAND Service by U.S. Mail Contingent Remainderperson Anita Fitzpatrick 89 Campbell Gordon Way London, NW2 6RW, UK Service by U.S. Mail Contingent Remainderperson Francis O'Reilly Hawood, Swanlinbar County Cavan, IRELAND Service by U.S. Mail Counsel For Contingent Remainderpeople Richard Wise, Esq. 220 Montgomery Street, Ste 965 San Francisco, CA 94104 Service by U.S. Mail & Facsimile Contingent Remainderpersan Rosie McManus Main Street Swanlinbar, County Cavan IRELAND Service by U.S, Mail Contingent Remainderperson Pauric O'Reilly Derrylin Co. Fermanagh BT92, Northem IRELAND Service by U.S. Mail Requested Special Notice HLM. Vreeland & Son Insurance Agency P.O. BOX 2628 Petaluma, CA 94953 Service by U.S. Mail