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HomeMy WebLinkAbout01-25-07 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of JOHN E. BRENNEMAN also known as JOHN E. BRENNEMAN, JR. No. 21-- dOo/ ~ /5 , Deceased Social Security No. 205-16-5324 M&T BANK Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or'S' BELOW) 1RI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXECUTOR named in the last Will of the Decedent, dated 08/30/1984 and codicils dated PETITIONER, M&T BANK, IS THE SUCCESSOR BY VIRTUE OF MERGERS OF FARMERS TRUST COMPANY OF CARLISLE, PA, THE DESIGNATED EXECUTOR IN ITEM VII OF SAID WILL. State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: NONE o S. Grant of Letters of Administration (c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family or principal residence at 17 SHIRLEY LANE, SOUTH MIDDLETON TOWNSHIP. BOILING SPRINGS, PA (list street, number, and municipality) tj I'v .. W -<I Decedent, then 80 years of age, died 01/10/2007 at CARLISLE REGIONAL MEDICAL CENTER Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania situated as follows: SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY (Location) $ I. <t'?O I 000- $ $ $ /'),0 I 000 - Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropnate form to the undersigned: Signature Typed or printed name and residence JANE BURKE M& T BANK,1 WEST HIGH STREET Carlisle, PA 17013 CUlL. Prepared by the Pennsylvania Bar Association CoPyri9ht (c) 2004 form software only The Lackner Group. Inc. Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and(ubscribed before me this~~ day of ~, ,m~11- J E BURKE , c)20CJ/ 21-- 07 --/:5 No. Estate of JOHN E. BRENNEMAN also known as JOHN E. BRENNEMAN, JR. Social Security No: 205-16-5324 Date of Death: , "...:!. .(~ , Deceased f'"'-,J r:''::.:? e:..:-;:J .-, 01/10/2007 r'J (Jl AND NOW, , in consideration -"'tJ f'0 m:l of the Petition on the reverse side hereon, satisfactory proof having been presented before me, j IT IS DECREED that Letters 00 Testamentary Dof Administration (..0 -<<I (c.I.a.; d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) are hereby granted to M& T BANK, EXECUTOR in the above estate and that the instrument(s) dated 8/30/1984 described in the Petition be admitted to probate and filled of record as the last Will of Decedent. FEES Letters.......................................... $ Short Certificate(S)......./2....... $ / /?()~ Dt) (/~~' ~ /' Renundation...............................$ Attorney: Registe'r of Wills ~' "'--:fl- c. ~ Hamilton C. g;7; Affidavits ( )...........................$ I.D. No: 10264 Zullinger-Davis, PC Address: P.O. BOX 40 Extra Pages ( )......................$ Codicil........................... ............... $ JCP Fee.......................................$ - Shippensburg, PA 17257-0040 Telephone: 717-532-5713 /5, Gu i J:;}3- DG hamiltondavislaw@comcast.net Inventory............. ......................... $ 'Aj j ( / Other.................... ~...................... $ E-Mail: TOTAL.......................... $ Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software oniy The Lackner Group, Inc. Form RW-1(1991) .. ''':::.<;1><:; f:',lV This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar~ The original certificate will be forwarded to the Slate Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. D 7 -IS Fee for this certificate. $6.00 /.;(,[IiiI-ri"iH;;;;,;;;;,... 4"'~~~' DUri'.,..... /l'..:..~/ "",'4'J';'--.. 11'~~/ 9.~\~\ t~i -- --~ - \~i ~ ~ i" ,~~"~ . .,' ,i; ~ ... " - ~". , \l ~( . ..~. >'-,,-*,$ \~ ~-, .' ~-"l ~.... At,?"'", /~\.~\\\\ -.... /MENT ~\: ~ ",~ ''''''''''''//''INI!.!!!.~!.:!.'7 ~ ~. ~~~~-tA.~bv Local Registrar P 12996018 No. JAN 1 3 2007 Date r',) (Ji .-i h) (...J --.\ / .~ I H105-143 REV 1112006 TYPE I PRINT IN PERMANENT BlACK INK " I . COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER 5. Age (last_y) 7. Birthplace ( aoostateOf 4. Date of Death (Month, day, year) Jan. 10, 2007 80 v... PA DOIher. Spediy. 10. Race: American Indian, Black, 'vVhIte, ele. (Specify! White Bb. County of Death Cumberland Twp. Carlisle Regional Medical Center 12. Was Decedent ever in the 13. Decedent's Educatlon (SpecIfy only highesl grade completed) U.S. Anned Forces? Elementary I Secondary (0-12) Coltege (1-4 or 5+) KJv" ONe 4 14. Marital Status: Manied, Never Married, W_Dlvon:ed(Speci(j1 Wido.ved 11. Decedenfs Usual Kind of Woric Ssgt (Retired) -, ActualAesIdence 17aState 17007 f7b.County PA Cumberland 0Id_ livelna Township? 17.1X1 v". """""", lived. South MidcUeton 17d.D No, OecedenlliYed within Acluallinitsol TWO. CIty/Born Sr. 19. Mothers Name (Fks~ mIcille, maiden surname) Edythe Moyer 2(1). Inlom1anfs MaIflg Address (Slreet, city I klwn, slate, 41 code) PO Box 40, Shippensburg, PA 17257 " w 00 => 00 "' Oi 21c. Place of DlaposIUon (Name of cemetery, CIllI'IIlIloryorolherplaoa) 21d localion (CIIy / town, state, ~ code) Newville Carete Newville PA 22c. Name and .Address of Faclly 'a..>ing Brothers Funeral Hane, Inc., Carlisle, PA 17013 23b. License Number 23c. Date Signed (Month, day, year) (0 CAUSE OF DEATH (See Instruction. .nd eXllmples) hem 21. Part I: EnJ.1he ~ - diseases, Injuries, Of complications - thaI drectly caused the death. DO NOT enter tennlnal events such as cardiac arrest, respiJalory arrest, or V9fItricuIarflbrllalioo wtlhout showing the etiology. Usl:onIyonecauseoneadlllne. ':l-D fM 26. Was Case Referred to Medical Examiner I Coroner lor a Reason Other Ihan Cremalloo or Donation? Dyes ~ l1ems 24-26 must be completed by person - who pronounces dealh. 24. Time of Death :"~=~'['1)~ a.l'I.OJ< r'c.. bro..'" ,J...eo..+t..., Due to (or as a consequence of): b. c-a.rrL,'o."-. "-rr~ S f- Due 10 (or as a consequence of): Approximate Inlervel: Pert II: Enter 04her siMifanl COI'IltIinM conl1hJtioo to dBalh, 28. Did Tobacco Use ContrbJte to Death? Onset 10 Death butnolresultlnglnlhetJldertylngC8USlllJveninParll. 0 Yes DProbab/y ONe OU""","" 2~1=, 29. It Female: o Not pregnarlt wfttlil past year 0_".....,_ o Not prepnt, 001 prvgnant wiIIWl42 days 0'- o Not pregnant, but pregnant 43 days 10 1 year before death o Unknown if pr8{PIBnt within the past year 32<:. Place of Injury: Home, Farm, Street. Factory, Office Building, etc. (SpecHy) ~~~~~r~a = UNDERLYING CAUSe ldlseaseorN:tjurylhBlinIlIatedlhe iMlnIsl9SUtlingmdealh)LAST. Due 10 (or as a consequence 01): 301. Was an~ Perlonnod? d. 3Ob.WereAulopsyFlndlngs AvaiIlIbIePriorto~1on of Cause or Deelh? Ov" Ov" ONe 31. Manne Death """ D- O A"""" 0 P_'"",!lgslloo o Suidde D Could Not be Detennined 32d. TtmlI oIlnjUlY 32g. Location of Injury(Street,ctty/lown, stale) .. I 15 '" ;! 330. Co<t""(""" ""000) CertIfyIng pftyllclan (Physician certifying cause of death when another physician has pronounced death and completed hem 23) To the bntof my knowledge. duIh otcurT8d due to the cause(l) and 1NInnel' 81 atIbJd.. _ _.. _ _.............. _.. _.... _ _ _.... _ _.. _ _ _ _ _ _ _ 0 "'-'nclng ....___ (PhyOdanlxl4h~, "'~""'_lo"""'~_) To the belt or my knowtedge, death occumad It the time, data, and pIKa, and due to the C8UM(1) Ind IIIIInner.. atatecL.......... __ _.......... _ _ _.. = === and I or Investigation, In my opinion, death occurred II the time, date, Ind P*e, and due to thecause(s) and m8nnet' as staled.. 0 101 II I ~ I I I (, I DI,pool"'" p,,,,,,, N,. 0 (.5 00 YlS- I ~s ~ ':::f- '""-t:'-~ -'\."; HAMILTON C. DAVIS ATTORNEY AT LAW NEWVILLE & SHIPPENSBURG PENNA. LAST WILL AND TESTAMENT I, JOHN E. BRENNEMAN, of South Middleton Township, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament and revoke any will or codicil previously made by me. ITEM I: I direct that all my just debts and funeral expenses, including my gravemarker and all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my decease as a part of the administration of my estate. ITEM II: I devise and bequeath all of my estate of every nature and wherever situate to my trustee hereinafter named, IN TRUST, nevertheless, to be administered and distributed in accordance with the following provisions: A. To pay the net income therefrom to my mother, EDYTHE BRENNEMAN, for and during her lifetime. B. As much of the principal of this trust as my trustee, in its sole discretion, may from time to time, think it advisable for the support of my ~) --) ,- -"~-j, said mother and for the protection and preservation of her property, In:' .1 __... ) during illness or emergency, shall either be paid to her or elsea,ppl~3d (Ji directly for her benefit by my trustee after taking into account her ~her readily available assets and sources of income. i"',,) -:"",.-,) C. My trustee may apply the net income of this trust for the suppcrrt of my said mother should she by reason of age, illness or other cause in the opinion of my trustee be incapable of disbursing it. D. Upon the death of my said mother or upon my death, providing my mother shall predecease me, the then remaining principal and any undistributed income shall be distributed to the Mississippi University for Women located in Columbus, Mississippi, to be held IN TRUST as an endowment 07-/S ~ ~ ~ c::-~ HAMILTON C. DAVIS ATTDRNEY AT LAW NEWVILLE & SHIPPENSBURG PENNA. . ' with the income therefrom to be used for scholarship purposes in memory of my beloved wife, HARRIET BRENNEMAN. ITEM III: I direct that all taxes that may be assessed in eonsequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as part of the expenses of the administration of my estate. ITEM IV: My executor, trustee and guardian shall have the following powers in addition to those vested in them by law and by other provisions of my will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: A. To retain any or all of the assets of my estate, real or personal, including stock of my corporate fiduciary, without regard to any principal of diversification or risk. B. To invest in all forms of property, including stock, common trust funds, and mortgage investment funds whether operated by my corporate fiduciary or others, without restriction to investments authorized for Pennsylvania Fiduciaries, as they deem proper, without regard to any principle of diversification or risk. C. To sell at public or private sale, to exchange, or to lease for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper in their sole discretion. 2 f ~ r-/ \ ,.-..; \.r\.)' ~ ,....--t:, ~"""'\ HAMILTON C. DAVIS ATTORNEY AT LAW NEWVILLE & SHIPPENS8URG PENNA. . . " E. To borrow from or to sell to my trustee even though such trustee may be my executor. F. To pay from the principal of the trust created under ITEM II the funeral and administrative expenses of my estate, the inheritance, succesion and estate taxes imposed thereon or payable thereby, and the debts thereof, including any mortgage indebtedness. G. To cause the title to any property held hereunder to stand in the name of a nominee or nominees. H. To repair, alter or improve any real or personal property; to borrow money, including the right to borrow money from any fiduciary hereunder, and to pledge, mortgage, or create a security interest in any property held by them as security therefor, and to make loans, secured or unsecured, for such purposes and upon such terms and conditions as th~ trustee may deem advisable, including loans to my estate, with or without interest, for any purpose whatsoever, and to exercise options of any kind. I. To subscribe for or to exercise options for stocks, bonds or other investments; to join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to deposit securities thereunder; to vote securities in person or by proxy, in such connection to delegate discretionary powers; and generally to exercise all the rights of security holders or employees of any corporation. J. To compromise, submit to arbitration or release any claim of my estate or any trust hereunder against others and to pay, compromise, or submit to arbitration any claim of others against my estate or any trust hereunder. 3 ~ ~ <~ "---..7~" '-...,-"~ .,-.........., --" HAMILTON C. DAVIS ATTORNEY AT LAW NEWVILLE & SHIPPENSBURG PEN NA. " K. To continue the operation of any business in which I may be interested or engaged at the time of my death (regardless of the form or organization of any such business), which business or an interest in which shall be received by my fiduciary. This authorization shall include the right to change the form of any such business by the reorganization or incorporation thereof, or the formation of a general or limited partnership with respect thereto, and shall also include the right to invest in any such business including the right to invest in any business the property of any trust hereunder for such periods of time and upon such terms and conditions as my fiduciary shall deem advisable. No fiduciary shall be liable for any loss resulting from continuing any such business, but my fiduciary may, in my fiduciary's discretion, sell, liquidate or otherwise discontinue any such business at such time or upon such terms and conditions as my fiduciary shall deem advisable. L. To pay from the income of the trust created under ITEM II hereof, monthly payments on any mortgage on real estate owned by me individually or jointly with another person at the time of my death, if my trustee deems it advisable not to prepay any such mortgage. M. My trustee, generally, shall have full power and authority to exercise all rights and privileges appurtenant to any property held by my trustee, and to execute and deliver any and all instruments which may be necessary or expedient in the exercise of the powers granted herein. N. In making distribution of my estate, my executor (and in making distribution of any trust, my trustee) is hereby granted the power to make nonprorata distribution of assets in kind. 4 s I Qg ~\ ~ ~ HAMILTON C. DAVIS ATTORNEY AT LAW NEWVILLE & SHIPPENSBURG PENNA. . ' " O. My trustee in addition to other powers granted shall have the authority to purchase life insurance on the lives of any or all beneficiaries of the trust. In addition, specific authority or power is granted to pay premiums on existing policies as well as those purchased after the creation of the trust even though said policies may not: be owned by or payable to the trustee as beneficiary. Premiums may be paid from the income of the trust estate or, if necessary, from principal. P. To exercise any law-given option to pay death taxes in installments, the payment of interest due on such installments to be a charge against principal. Q. To exercise any law-given option to treat administrative expenses either as income tax or as estate tax deductions, without regard to whether the expenses were paid from principal or income. R. Should the principal of any trust herein provided for be or become too small in the Trustee's discretion so as to make establishment or continuance of trust inadvisable, my Trustee or my personal representative may make immediate distribution of the then remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportions they are then entitled to. If any such person is then a minor, distribution may be made to that person's guardian, or to a person selected by the trustee to be custodian for such person until the age of twenty-one (21) years under the Pennsylvania Uniform Gifts to Minors Act. ITEM V: I appoint FARMERS TRUST COMPANY, of Carlisle, Pennsylvania, Trustee of any trusts created by this my last will. 5 . '. .- " ITEM VI: My corporate fiduciary shall be entitled to compensation based upon its regular schedule of fees for such services in effect from time to time during the period over which its services are performed. ITEM VII: I appoint FARMERS TRUST COMPANY, of Carlisle, Pennsy1vania,"Exec tor' of this my last will. ITEM VIII: I direct that my executor, trustee or guardian or their successors shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ITEM IX: The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. IN WITNESS WHEREOF, I hereunto set my hand and seal to this and Testament, written 4u, '^-' +- on seven (7) sheets of paper, dated this my Last Will 30 il day of , 1984. ~f_~ : John E. Brenneman (SEAL) The preceding instrument, consisting of this and six (6) other typewritten pages, each identified by the signature of the testator, was on the day and date thereof signed, published and declared by the testator therein named, as and for his Last Will, in the presence of us, who, at his request, in his presence, and in the presence of each other have subscribed our n mes as witnes s hereto. residing at A ~_A/v;l It f "'t. 0{:f. J residing at Sh; fpensJ,unj! I~.__ HAMILTON G. DAVIS ATTORNEY AT LAW NEWVILLE & SHIPPEN58URG PENNA. 6 HAMILTON G, DAVIS ATTORNEY AT LAW NEWVILLE & SHIPPENS8URG PENNA. COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND , " I, JOHN E. BRENNEMAN, the testator whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affi ss. J~ [lE~ J n E. Brenneman (SEAL) COUNTY OF CUMBERLAND We, I~,' J l C' DAv;\ and ~ I&&'- i1A.~,,-s~ .' the witness s whose names are signed to the attached instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his Last Will; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the Will as witnesses; and that to the best of our knowledge the testator was at that time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. (! ,~~ d to and~. bs jbed ~L7i,,) l'. ~ ' , witnesses, .e otary Public ELIZABETH B. FETZER, 'lOWlY PUB WEST PEHNSBORO TWP., CU.vSrrUAHD COUNTY MY COMMISSION EXPIRES SEPT. 12, 1987 Member, Pennsylvania Associltion of Noteries 7 / t. lZiuA- 'n( ~ .