HomeMy WebLinkAbout02-15-07
Register of Wills of Dauphin County, Pennsylvania
Estate of MARGARET BRENNAN
also known as
PETITION FOR GRANT OF LETTERS
No. c9l -cJr! - 14lt;
, Deceased
Social Security No. 1 88 -1 4 - 1 298
(COMPLETE "A" OR "B" BELOW:)
Petitioner(s), who is/are 18 years of age or older, apply(ies) for :
[i)
A. Probate and Grant of letters and aver that Petitioner(s) is/are the execut ors
Decedent, dated 4 /24/2006 and codicil(s) dated
named in the last Will of the
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 bom or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
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B. Grant of letters of Administration
(c.I.a., d.b.n.c.l.a.: pendente lite, durante absentia; durante minoritate)
Petitioner(s) after a proper search haslhave ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I Name Relationship Residence I
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(COMPLETE IN ALL CASES:) Attach addittonal sheets If necessary. :;;T~ CJl .
Decedent was domiciled at death in Cumber I and County, Pennsylvania, with hisl~i~;.st family or prin~)
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residence at 1 q?? Hi gh ~t-rj:>j:>t-. (';:lmp Hi' ';0-'':' cc ..-;-'-]
8 5 (list street, number and municipality)..J :::3 =' ....~ n'~
Decedent, then years of age, died 02/05/200,7_,at 1922 High Stree~,-jCamp'Hilr.:.....,
(Location) />"!
Decedent at death owned property with estimated values as follows: \.0
(if domiciled in PAl All personal property ......................................... $ 220, 450. 00
(if not domiciled in PAl Personal property in Pennsylvania .................... $
(If not domiciled in PAl Personal property in County .............................. $
Value of real estate in Pennsylvania ........................................................................................ $ R 7 t; _ 000 00
Total ..................................................................................................................... $1 .095.450.00
Real Estate situated as follows: 2130 Market Street. Camp Hill: 1932 Market street. Cam9
Hill, 1922 High Street, Camp Hill; 1918 High Street,
Mechanicsburg; 23 W. Simpson, Mechanicsburg
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 appropriate form to the undersigned:
Signature
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Oath of Personal Representative
Commonwealth of Pennsylvania
County of Dauphin
The Petitioner(s) above-named swear(s) and 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 ersonal representative(s) of the Decedent,
Petitioner(s) will well and truly administer the estate acc rdin Jaw.
'M, D
TIMOTHEA
Sworn to an~ affirmed ~eubSCribed
before e this I S day of
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Estate of
DECREE OF REGISTER
MARGARET BRENNAN
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188-14-1298 Date of Death: 02/0qt~~J)7 ;po
S- , f).()(), ,in consideration~h~ Pet~n
oof having been presented before me, :::.t:J --I .:.:.
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also known as
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Social Security No:
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AND NOW.
on the reverse side hereon, satisfactory
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IT IS DECREED that Letters iii Testamentary (J of Administration
(c.t.a., d.b.n.c.t.; pendente lite; durante absentia; durante rninoritate)
are hereby granted to 'l'TM()'l'HR~.r 'R'RRl\Tl\T~ 1\T. MRr-Zl.l\T Zl. 'R'Rl<'1\TT\'fZl.1\T
AND THOMAS A. BRENNAN, JR.
in the above estate and that the instrument(s), if any. dated
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters........ ........... .................
Short Certificate(s) ...............
Renunciation ..........................
Affidavit ( ) .......................
~r8 Jille~8&-{ ).~:I..\~...
Codicil ................. ................
JCP Fee .................................
Inventory & Tax Forms.............
Other.~.~
$ '-'110 .60
$ 4D. ()()
$
$
$ 15"". oD
$
$_10' Gt:>
$
$ 5.00
Gregory s. Chelap, Esquire
Attorney
Attorney:
1.0. No:
Address: 17 S. 2nd St., 6th Floor
HarriSburg, PA 17101
TOTAL .............................$ 11S 0 . GO
RW-7A
Telephone: 717-233-1000
DATE FILED: dJJs- , 0 (
LAST WILL AND TESTAMENT
OF
MARGARET BRENNAN
I, MARGARET BRENNAN, of Cumberland County, Pennsylvania, being of sound and
disposing mind and memory, do make, publish and declare this to be my Last Will and revoke
any Wills and codicils previously made by me.
ARTICLE ONE
Specific Beauest of Tanlrlble Personal Property
I give and bequeath all of my tangible personal property, including, but not limited to, all
my automobiles, furniture, furnishings, books, pictures, jewelry, china, linen, silver, clothing,
household effects and personal effects, and other tangible personal property of like nature (not
including cash, securities and other property used for the production of income), together with any
existing insurance thereon, to my children, MEGAN A. BRENNAN, TIMOTHEA J.
BRENNAN, and THOMAS A. BRENNAN, JR., per capita.
ARTICLE TWO
Residuarv Estate
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I direct that all estate, inheritance and other death taxes (other than genera~kipBilJ.g (
transfer taxes), and all interest and penalties thereon imposed by reason of my deatll &iiR res~t
to property subject to such taxes by reason of my death, whether such property pas~=tkough my
probate estate or outside of my probate estate, and payable to any federal, state or 10reign tmijig
authority, whether payable by my estate or by any recipient of such property shall be paid to the
extent possible out of my residuary estate passing under ARTICLE TWO hereinabove.
I give, devise and bequeath all of the rest, residue and remainder of my estate, of whatever
nature and wherever situated, to my children, MEGAN A. BRENNAN, TIMOTHEA J.
BRENNAN, and THOMAS A. BRENNAN, JR., per capita. l'--'
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ARTICLE THREE
Payment of Taxes
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ARTICLE FOUR
Protective Provisions
The principal of my estate and the income therefrom, so long as the same are held by my
Executor, shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner,
nor shall any beneficiary have power in any manner to charge or encumber his/her interest in my
estate, nor shall the said interest of any beneficiary be liable or subject in any manner while in the
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LAST WILL & TESTAMENT OF MARGARET BRENNAN
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possession of my Executor for any liability of said beneficiary, whether such liability arises from
said beneficiary's debts, contracts, torts, or other engagements of any type.
ARTICLE FIVE
Powers of Executor
In addition to and without limiting the powers conferred by case law, by statute, and by
other provisions hereof, my Executor shall have the following rights and powers exercisable
without the need for court approval:
(A) Accept and Retain Investments. To accept and retain any form of real or
personal property received by transfer, devise, bequest or otherwise without being required to
diversify and without being limited to the types of investments in which fiduciaries are
authorized by law to invest. This authority shall specifically include the authority to accept and
retain any stock of a corporate fiduciary hereunder, or in any corporation which controls or is
controlled by it, or any other corporation in which it holds any ownership interest, together with
any stock dividends received thereon, or any stock acquired in the exercise of subscription rights,
or received by reason of any consolidation, merger or reorganization, without liability for such
retention.
(B) Invest. To invest and reinvest in any form of real or personal property without
limitation by any law applicable to investments by fiduciaries.
(C) Voting Rights. To vote a security in person or by proxy, to participate in or
consent to any merger, reorganization, dissolution, liquidation, voting trust plan, or other action
affecting any securities held hereunder, and; to exercise conversion, subscription, and other rights
of whatever nature.
(D) Title To Property. To register or hold securities and/or other property in the
name of a nominee or nominees, including that of a clearing corporation, a depository, in book
entry form, or to retain securities and/or other property unregistered or in a form permitting
transfer by delivery.
(E) Sale. Lease and Other Dealings with Property. To sell, from time to time, at
public or private sale, exchange, lease, encumber, option or otherwise dispose of all or any
portion of assets held hereunder; to make, execute and deliver deeds, mortgages, leases,
assignments and other documents necessary to carry out any of the powers granted hereunder,
which shall specifically include the authority to grant leases which extend beyond the period
authorized by law, and; to partition, subdivide, improve and impose any restrictions on real estate
held hereunder and enter into agreements concerning the partition, subdivision, improvement,
zoning or management of any such real estate.
(F) Borrow. To borrow money from any person or institution and pledge property
as security for repayment of funds.
(G) Distributions in Kind. To make distributions in cash or in kind, or partly in
each, and; to allot different kinds of property to different shares without regard to differences in
the income tax basis of such property. Any such designation, division, allocation, apportionment
or valuation of property shall be binding and conclusive on all parties.
(H) Power to Distribute Outright. In any instance where property would be
immediately distributable to a beneficiary of a trust, distribution may be made directly to such
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LAST WILL & TESTAMENT OF MARGARET BRENNAN
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beneficiary without funding such trust. The receipt of any such distribution by any such
beneficiary shall be a full acquittance of the fiduciary making such distribution as to any amounts
so distributed.
(I) Settle Claims. To institute, prosecute and defend any and all legal proceedings;
and compromise, release, adjust and/or settle any debt or claim.
(J) Employment of AlZents. To employ agents including attorneys, accountants, and
others to perform administrative duties.
(K) Disclaimer. To disclaim any interest in property which would devolve to me or
to my estate by whatever means, including but not limited to the following means: as a
beneficiary under a will, as an appointee under the exercise of a power of appointment, as a
person entitled to take by intestacy, as a donee/beneficiary of an inter vivos transfer, as a
beneficiary under any insurance policy, as a beneficiary under an individual retirement account or
annuity, and as a beneficiary under any qualified or non-qualified retirement plan.
(L) Property Distributable to Minors. Any property (whether income or principal)
distributable to a beneficiary of my estate who is under the age of 25 shall be distributed to a
custodian selected by my Executor under the Pennsylvania Uniform Transfers to Minors Act and
such custodian shall hold such beneficiary's share in a custodial account until the beneficiary
reaches the age of 25 and in accordance with the Pennsylvania Uniform Transfer to Minors Act.
The receipt of such distributions by the custodian shall be a full acquittance of my Executor as to
any amounts so paid.
ARTICLE SIX
Fiduciaries
(A) ADJX>intment of Executor. I appoint my children, MEGAN A. BRENNAN,
TIMOTHEA J. BRENNAN, and THOMAS A. BRENNAN, JR. or the survivor(s) of them, as
co-Executors of this Will (my said Executor and any successor Executor or co-Executors shall be
referred to herein as my "Executors" or "Executor").
(B) Miscellaneous. Any successor Executor shall succeed to the capacity of its
predecessor without re-conveyance or transfer of property and have all of the rights, powers,
authorities and discretion conferred upon the original Executor. No successor Executor shall be
obligated to examine the accounts, records, or acts of a previous Executor nor shall any such
successor Executor in any way or manner be responsible for any act or omission to act on the part
of any such previous Executor. No Executor serving hereunder at any time shall be required to file
any bond or enter security in any Court or jurisdiction in which such fiduciary may be called upon
to act.m
ARTICLE SEVEN
Interoretation
(A) Child. Children. Grandchild Grandchildren and Issue. Whenever the terms
"child," "children," "grandchild," "grandchildren" and "issue" are used herein, such terms shall
be interpreted to include adopted persons as well as natural persons, provided in each instance
that the adoptee is under the age of eighteen (18) years at the time of adoption. Such terms are
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LAST WILL & TESTAMENT OF MARGARET BRENNAN
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also intended to include persons in gestation at any pertinent time under this Will, provided such
persons survive birth by thirty (30) days.
(1) Issue. per capita. In applying any provision of this Will which refers
to a person's "issue, per capita", the phrase shall mean the division of an estate by giving
an equal share to each of a number of such person's descendants, all of whom stand in
equal degree to such person, without reference to their stocks or the right of
representation. Issue, per capita is the antithesis of issue, per stirpes. For example, a
disposition in this Will to a decedent's "issue, per capita", assuming that both of the
decedent's two children (X and Y) predecease the decedent, two grandchildren (A and B)
predecease the decedent (each with surviving issue) and three grandchildren (C, D and E)
are living at the time such disposition becomes effective, shall be deemed to require a
division into three equal shares for each grandchild (C, D and E) who are living at the
time such disposition becomes effective. In the previous example, if instead we assume
that one child (X) was living at the time such disposition becomes effective, that child (X)
would take the entire disposition even if the decedent is survived by issue of the other
child (Y) who predeceased the decedent.
(B) Survival Clauses. If any beneficiary hereunder should die within thirty (30)
days after my death or within thirty (30) days after any other person the survival of whom
determines such beneficiary's rights hereunder, then such beneficiary shall be deemed to have
predeceased me or such other person, as the case may be, for all purposes hereunder.
(C) Goveminll Law. This Will shall be construed and governed in all respects by
and in accordance with the laws of the Commonwealth of Pennsylvania.
(0) Gender and Number. Where appropriate except where the context otherwise
requires, whenever used herein, the singular includes and plural, the plural the singular and
words of any gender shall be applicable to all genders.
(E) Headings/Captions. The headings/captions of Articles, Sections and Paragraphs
used herein are for convenience of reference only and shall have no significance in the
construction or interpretation of this Will.
IN WIlNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last
Will and Testament, consisting of SeVetl (::LJ typewritten pages, including this
attestation cI8~1he fOllO~~L2Wledgment and Affidavit, t.o be executed, decIared and
published this day of . 2006, at Harrisburg, Pennsylvania.
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MAR T BRENNAN 41: v -
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LAST WILL & TESTAMENT OF MARGARET BRENNAN
Page 4
On thisd!:!!::!! day of ~/2.(' 0 , 2006, MARGARET BRENNAN declared
to us, the undersigned, that the f4 going instrument was her Last Will, and she requested us to act
as witnesses to the same and to her signature thereon. She thereupon signed said Will in our
presence, we being present at the same time. We now, at her request, in her presence, and in the
presence of each of us, hereby subscribe our names as witnesses thereto. By so doing, each of us
declares that he or she believes this Testatrix to be of sound mind and memory.
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LAST WILL & TESTAMENT OF MARGARET BRENNAN
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ATTORNEYS AT LAw
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYL VANIA
)
)
)
SS:
COUNTY OF DAUPHIN
I, MARGARET BRENNAN, the Testatrix, whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrwnent 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.
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MARG.. T BRENNAN
Sworn or affirmed to and 3C7edged before me by MARGARET BRENNAN, the
Testatrix this ~4 tI1 day of t1 f/l A.' . 2006:
COMMOMVIW,m OF P~SYLV~
MI Notarial Seal 1
City ~:. SnYder. Notary PUblic
My Comm~~' DauPhin County
~PlresApr.18. 2010 I
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LAST WILL & TESTAMENT OF MARGARET BRENNAN
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ATTOItNEVS AT LAw
AFFIDAVIT
COMMONWEALTH OF PENNSYL VANIA
)
)
)
SS:
COUNTY OF DAUPHIN
and, JI1/f~tJN~ 6/h'JPr~ the
es are signed to th attached or foregoing instrument, being duly qualified
according to law, 0 depose and say that we were present and saw MARGARET BRENNAN, sign
and execute the instrument as the Testatrix's free and voluntary act for the purposes therein
expressed; that each ofus in the hearing and sight of the Testatrix signed the Will as witnesses; and
that to the best of our knowledge, the Testatrix was at the time twenty-one (21) or more years of
age, of sound mind and under no constraint or undue infl
and
Sworn or ~ to and acknowledged before me ~f(fu~CJeI'tlo
'0/1MtJ . <..5J1t9FFEI( , the witnesses, thi of - 2006.
(SEAL)
COMMo p NSYL~
Notarial Seal
~M~~r, NotalyPubllc
My . ~, Dauphin Cou'!fy
EXPiresApr. 18,2010
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LAST WILL & TESTAMENT OF MARGARET BRENNAN
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