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The remaining net income shall be paid in
annual or more frequent installments to the
Keswick (Home for Incurable's), of Baltimore
City, to be used by it to cover not more than
one-half (�) of the cost of such elderly persons
enrolled in the Day Care Program operated by
Keswick, who do not have financial means to pay
all costs thereof. If for any reason Keswick
should cease to operate its Day Care Program, or
should there be insufficient individuals enrolled
therein needing financial assistance to utilize
all trust income, then it is my wish that the
remaining income or all income, as the case may
be, from this fund be used to subsidize a portion
of the costs of worthy elderly persons who may
benefit from the Domiciliary Care Program
operated at Keswick. Again, this subsidy should
be offered to persons who do not have sufficient
financial means to pay all of the costs thereof.
Said home may establish, through a committee
appointed by the Director, with the approval of
its Board of Trustees, rules and regulations to
determine who, and to what extent, deserving
persons shall receive benefits of the income from
time to time available. The Trustees shall have
no responsibility for the application of the
income and payment of the net income to said Home
as above provided shall exonerate said Trustees
from all liability.
Ms. Cuddeback, the testator, died on October 12, 1992,
and Ms. Nelson died on October 27, 1993. For the year
1993, petitioner filed a Form 1041, U.S. Income Tax Return
for Estates and Trusts, with the Internal Revenue Service
Center, Philadelphia, Pennsylvania. For each of the years
1994 through 1998, petitioner filed a Form 990-PF, Return
of Private Foundation or Section 4947(a)(1) Nonexempt
Charitable Trust Treated as a Private Foundation, with
the Internal Revenue Service Center in Ogden, Utah.
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