HomeMy WebLinkAbout03-22-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of Carl R. Burrell
also known as
File Number a \
0'1
()dr\ \
. Deceased
Social Security Number 180-01-2044
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ~' or 'B' BELOW:)
o A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the
last Will ofthe.Dec~dent datl'd ~Ar(' ~ 1 t 1 qqfi and codicil(s) dated
Renunc~at~on ot anu ac urers and Traders Trust ~o.
Deposit Bank and Trust Co.
named in the
(M~l tlanK) successor to uauph1n
(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 ofthe instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
I!) B. Grant of Letters of Administration
C.T.A.
(Ifapplicable. enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante mi/loritate)
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: (If
Administration. c.t.a. or d.h.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Name
Ben'amin C. Burrell
Relationshi
Son
22 N. 2nd
~
~,:
(COMPLETE IN ALL CASES:) Attach additiollal sheets ifllecessary,
Decedent was domiciled at death in Cumbe r land County, Pennsylvania with his / ~ last principal reside$~ ~2
4905 E. Trindle Road. Mechanicsburg. PA 17055 (Hampden Townshi~) .~~.
(List street address, town/city, township, county. state, zip code) ", :.:.::1
Decedent, then 87 yearsofage,diedon August 17, 2006 at Health South, Lower Allen
CD
~wnship
Decedent at death owned property with estimated values as follows:
(If domiciled in PA). All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
$ 20,000.00
$
$
$
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Lelters in the appropriate form to
the undersigned:
T d or rinted name and residence
Lawrence J. Neary, Esq.
108-112 Walnut Street
Harrisburg, PA 17101-1609
Form RW-02 rev. /0.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will welI and truly
administer the estate according to law.
before me the
d~
day of
~ ~,~. ~~
. V Personal Represen (
Sworn to or affirmed and subscribed
Signature of Personal Representative
~~
Signature of Personal Representative
File Number: Q \
o l (J':;}. II
Estate of Carl R. Burrell
, Deceased
Social Security Number: 180-01-2044
Date of Death: August 17, 2006
AND NOW, froyrA, ~d-- ?007 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters of Administration C. T. A.
are hereby granted to Lawrence J. Neary. ESQ.
in the above estate
and that the instrument(s) dated March 1. 1996
described in the Petition be admitted to probate and filed of rec r
... $
. .. $
... $
... $
... $
... $
... $
... $
TOTAL ... . . . . . . . . . . . $
.~.oo
1d.'DO
\O.De)
\S.OO
LO .OD
S.oO
Attorney Signature:
FEES
Letters ............~. $
Short Certificate(s) ;S ... $
Renunciation(s) .. t~ ... $
w\\\ ...$
..JC ~
Au. \--0
Attorney Name:
Supreme Court I.D. No.:
J,)827
108-112 Walnut Street
Address:
Harrisburg, PA 17101-1609
Telephone:
(717) J1R-4798
\\~.oO~
Form RW-02 rev. 10.13.06
Page 2 of2
LAST WILL AND TESTAMENT
Of
CARL R. BURRELL
I, CARL R. BURRELL, now of 5022 Ohio Avenue, Harrisburg, Dauphin County,
Pennsylvania, 17109, declare this to be my last Will and revoke any Will or Codicil
previously made by me.
ITEM I: I direct that all expenses of my last illness and funeral, including my
gravemarker and perpetual care, shall be paid from my residuary estate as soon as
practicable after my decease as a part of the expense of the administration of my estate.
ITEM II: My executor shall distribute to my son, BENJAMIN C. BURRELL, such
personal property items as my Executor, in its sole discretion, shall determine he may
reasonably use for his personal continuing use at that time. It is my intention that my son,
BENJAMIN C. BURRELL, be given the use of such items as all books, stereo equipment, a
television, or items of furniture which my son, BENJAMIN C. BURRELL, may desire for his
('-..,)
personal use. It is not my desire that items of personal property be distribgted to m~.:-son,
[._ _, () -.J
BENJAMIN C. BURRELL, which he would not use personally but which woUf:cl,Be s~~ by
hlom - ,-I r-J
. r0
:'_-U
ITEM III: I devise and bequeath all of the rest, residue and remainde,fM my ~~ate;
_C- .
of every nature and wherever situate to my TRUSTEE, herein after named, in Trust,'to be
administered as follows:
(a) The net income therefrom shall be distributed as frequently as my Trustee
determines feasible, but in no event less frequently than annually, for the use of my son,
BENJAMIN C. BURRELL, for and during his lifetime;
(b) As much of the principal of this Trust, as the TRUSTEE, in its sole discretion,
may from time to time think necessary for the reasonable support of my son, BENJAMIN C.
BURRELL, or for his medical needs shall be distributed for the use of my son, BENJAMIN
C. BURRELL, or paid directly on his behalf. My primary concern is for the continuing
income needs which my son, BENJAMIN C. BURRELL, may have during his life,
nonetheless my TRUSTEE, in its sole reasonable discretion, may from time to time make
distributions of principal as are necessary for the purposes of support of my son,
BENJAMIN C. BURRELL;
(c) Upon the death of my son, BENJAMIN C. BURRELL, my TRUSTEE shall then
distribute the then remaining principal to the Memorial Evangelical Lutheran Church where
it sits now 17th and State Street, City of Harrisburg, Dauphin County, Pennsylvania, or its
successor.
ITEM IV: I direct that all taxes that may be assessed in consequence of my death,
of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary
estate as a part of the expense of the administration of my estate, without apportionment.
ITEM V: I hereby authorize and empower my Executor, or its successor,
hereinafter named, to sell any of the real or personal property which I may own at the time
of my death, as she shall, in her sole discretion, deems appropriate for the best interests of
my estate and my beneficiaries, upon whatever terms and conditions she deems to be
appropriate, and to execute, acknowledge, and deliver all proper writings, deeds of
conveyance and transfers thereof.
ITEM VI: My corporate fiduciary shall be entitled to compensation based on its
regular schedule of fees for such services in effect at the time of the service rendered.
ITEM VII: 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 the trust
inadvisable, my Trustee or my personal representative may make immediate distribution of
the then remaining principal and any accumulated or undistributed income. Upon such
termination, the rights of all persons who might otherwise have an interest as succeeding
income beneficiaries or in remainder shall cease.
ITEM VIII: The principal and income of any trusts created hereunder shall be free
from anticipation, assignment, pledge or obligation of any beneficiary and shall not be
subject to any execution or attachment or to voluntary or involuntary alienation.
ITEM IX: I appoint Dauphin Deposit Bank & Trust Company, or its successor,
Executor of this, my Last Will.
ITEM X: I appoint Dauphin Deposit Bank & Trust Company, or its successor,
Trustee of any trusts created in this, my Last Will.
ITEM XI: I direct that my Executrix, and/or Trustee, or their successors, shall not
be required to give bond for the faithful performance of their duties in any jurisdiction.
ITEM XII: It is my desire that my Executrix shall retain the law firm of Nicholas &
Foreman now of Harrisburg, Pennsylvania, to aid her in the administration of my estate.
IN WITNESS WHEREOF, I have hereunto set my hand this 1 st day of March, 1996.
e(}~.e R, el~~aez
CARL R. BURRELL
The preceding instrument, consisting of this and six (6) other typewritten pages,
identified by the signature of the Testator, CARL R. BURRELL, was on the day and date
thereof signed, published and declared by CARL R. BURRELL, the Testator wherein named,
as and for his Last Will, in the presence of each other, have subscribed our names as
witnesses hereto.
ff~ ~Of
/~b~ .ft
I fnn ()~fu<v7Jfl-. t!l1"-'<<-~ t2
u ~ 'lc6SS
of Y5;t3c L'~ Aw.. . \~~cJ"'Clr~ LSlA}YJ V~
C/G'S~-
c* ~
C __ _~J <(";'~ of
~<>- CA, *~il
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF DAUPHIN SS.
I, CARL R. BURRELL, the Testator 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 instrument as my Last Will; and that I signed it
willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by CARL R. BURRELL, Testator,
this 1 st day of March, 1996
(OCi>-t R ~"het(
CARL R. BURRELL
~(;(/.' ~
'"
Notary Publ ic
NOTARIAL SEAL
STEVE G. NIOHGLAS, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires Sept 25, 1999
COMMONWEALTH OF PEN N5YL V AN IA
COUNTY OF DAUPHIN
55.
We, 6(> ucJ ~-+;: fVAI1"Ct ill ( (t and
L 'L ~ A - F~ \ K..~ , witnesses whose names are signe to the attached
or foregoing 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 free and
voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing and sight of the Testator signed the Will as a witness; and that to the best of our
knowledge, the Testator was at that time 18 or more years of age, of sound mind and under
no constraint or undue influence.
Sworn to or affirmed and subscribed before me by the undersigned witnesses, this
1 st day of March, 1996.
!?OO~).~
Witness
~J >:f1J
Witness
~~o~.~~
Witness
,,21)AJ( (tJL cA---
Notary Publ ic
NOTARIAL SEAL
STEVE C.NICHOLAS, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires Sept 25. 1999
~ \ () t 0 '<)..\ \
rm M&rInvestment Group
M&T Bank, 213 Market Street, Harrisburg, PA 17101-2127
717 255 2059
o
--,
::-.~:::::I
::r-.......1
March 15, 2007
:::C:;J
f'<)
N
co
,r.:-
v:"
Lawrence J. Neary, Esquire
1 08-112 Walnut Street
Harrisburg, PAl 71 0 1-1609
Re: Estate of Carl R. Burrell
Dear Lawrence:
As requested in your letter of March 13, 2007, please find enclosed a fully-executed
Renunciation regarding the above-referenced Estate.
As per our conversation, due to the small size of the Estate the minimum fee that Manufacturers
and Traders Trust Company would need to charge does not make it practical for the Bank to
serve in the capacity of Personal Representative.
Also, Manufacturers and Traders Trust Company is renouncing the appointment, in your favor
because of the provisions in the Will.
If I may be of any additional assistance, please do not hesitate to contact me.
eph A. Macri
Vice President -Trust Officer
Market Manager
JAM/It
Enclosure
~Q)
~\ 0\
Dd-.'l\
c..:;::J
~
o
::J
---C.J
- ,~:-
==
~
:;0
N
N
RENUNCIATION
~
eo
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYL VANIA
.r.-
eo
Estate of
Carl R. Burrell
, Deceased
I Joseph A. Macri on behalf
,
(Print Name)
appointed Executor and Trustee
of Manufacturers and Trade~s Trust Co./ I t" h"
, III my capacny re a IOns IP as
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Lawrence J. Neary, Esquire
(Date)
J/rh7
I r
~~:~~M~
(Signatur(j -../,C.E ?~sJ:t>~ q:.'"t12..vs-.T or-r-r:'-€R-..
c?/~
(Street Address)
/'VfAvk~f :5+
MyY(~b.H~ ~
(City, State, Zip)
ii(ol
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunci~n for the
purposes stated w~thin on this I ~} day
of fff)a/1.d/J ;2 () O~
/(/hvw-f. /)l)( ~~~
Notary Public
My Commission Expires: 101 'd71dar)
Deputy for Register of Wills
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Form RW-06 rev. 10.13.06
C0iV1:\'10NWEAL TH OF PENNSYLVA;,,/,
Notarial Seal
Donna M. Lon!~naker. Notary Public
City Of Harrisburg, Dauphin County
My Commission Expires Oct. 27. 2007
Member. DPf"lP'~~I-:~~:::-::- ,-:\tJ('.L?~;;)n Of NOt2:--l':::S
~ \ Ot D'd-r-ll
RENUNCIATION
REGISTER OF WILLS
r.TTMRFRT.ANn COUNTY, PENNSYLVANIA
o
=:'~l
- '-r-]
~
N
N
0:)
Estate of
Carl R. Burrell
r
C:)
, Deceased
I,
Benjamin C. Burrell
(Print Name)
, in my capacity/relationship as
of the above Decedent, hereby renounce the right to
Son
administer the Estate of the Decedent and respectfully request that Letters be issued to
Lawrence J. Neary, Esquire
}j2-II07
d~G~~
322 N. 2nd St., Apt 905N
(Street Address)
Harrisburg, FA 17101
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunxJat~ for the
purposes state within on this d \ day
of , 6K:tn--.:.
~~~~
Nota~ Public
My Commission Expires: X'<\G.~ 3/ Q.()\O
Deputy for Register of Wills
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NONW. 11M.
JINNIFIR l ~
NOeaIy PuDIc
atf Of ttMIIllIUII. DMFI8t CQIIf
.. CornrnMIIon __., a...
Form RW-06 rev. 10.13.06