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In re Green

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� 1 Betsy Green appeals from two separate orders of the Delaware County Court of Common Pleas, Orphans’ Court Division. The appeals rest upon on the following facts which are gleaned from the record.

� 2 In divorce proceedings between Betsy Green and Arlin Green in Montgomery County, a question arose as to whether 60 shares of stock in Semperverde Holding Company, a closely held corporation, were the property of a 1987 trust created by Arlin Green for the benefit of his spouse and children, or whether the 60 shares were actually the property of a 1952 trust, created by Florence Green (Arlin’s mother), for the benefit of her children (Arlin and his two brothers Benjamin and Richard Green). The shares are valued in excess of $100 million, and disposition of the question would determine, in large measure, the amount of Arlin’s child and spousal support obligation.

� 3 The 1987 trust appears on its face to have been created by Arlin for the benefit of his wife and children. The trust instrument is entitled “THE ARLIN S. GREEN FAMILY TRUST – 1987.” A subsequent amendment to the trust instrument explicitly identifies Arlin S. Green as the “settlor” of the Arlin S. Green Family Trust. The question regarding “ownership” of the stock arose, however, because during the divorce action, Daniel Green (Arlin’s father and the sole trustee of the 1952 trust), maintained that he created the 1987 trust for the benefit of Arlin through funds he took from the principal of the 1952 trust. The Montgomery County Court ordered the production of documents requested by Betsy Green which would be relevant to the inquiry as to how and why the 1987 Trust was created and operated.

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