HomeMy WebLinkAbout03-23-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
COUNTY, PENNSYLVANIA
Estate of J t1/ne SF; ./Oms
also known as
File Number
0/ (- CY7 - '-b20
Social Security Number "" g -L~:J ... J ~
. Deceased
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
o A. Probate and Grant Of~ Tesnmentary and aver that Petitioner(s) is / are th. e
last Will of the Decedent dated ~ 1$ () I. and codicil(s) dated
Cb -e.y..e~~
named in the
(State relevant circtunstances, 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 instrumeat($) offered
(") =
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:=~ 0 =
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(If appltcable, enter: C.t.a.: d.b.n.c.t.a.: pendente lite: durante absentiD: duranit ~iiJ!!ate) c..:l .' _. .:}'
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following ~~ ~y) liijf heirs:~ dy--:.j
Administration. c.t.a. or d.b.n.c.t.a.. enter date of Will in Section A above and complete list of heirs.) .) c= ....... ".. ;
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Residiince ~ '.1;
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o B. Grant of Letters of Administration
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Name
Relationship
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
ylvania with his / her last principal residence at J ~ j
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) "All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
I (fJ . ()()
/~f BIt
,
Wherefore, Petitioner(s) respectfully req t(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate fonn to
the undersigned:
situated as follows:
~/.
7f112-
70m
Form RW-02 rev. 10./3.06
Page 1 of2
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Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF flJmbpr/ond.
The Petitioner(s) above-named swear(s) or affrrm(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 well and truly
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administer the estate according to law.
before me the
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SigfUlture of PersofUll Representative
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Sworn to or affirmed and subscribed
Signature of Personal Representative
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Short Certificate(s) . . . . . . .. $~
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tion of the foregoing Petition. satisfactory proof
in the above estate
and that the instrument(s) dated
described in the Petition be admitted to probate and filed ofreco
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.:
Address:
Telephone:
Form RW-02 rev. 10./3.06
Page 2 of2
HIOS.80S REV lIOS
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 State Vital Records Office for permanent fihng. 07- c..ft9 0
WARNING: It Is Illegal to duplicate this copy by photostat or photograph.
No.
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Local Registrar
Fee for this certificate, $6.00
p
13353350
APR 1 6 2007
Date
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See In8truc:tlona.8nd 8Ump1e8 on _I
3, SocIolSocufty_
468 -32 -2820
REVt1_
PRIHT IN
AANENT
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STATE FILE MJIiIllER
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April 14. 2007
.I_a Edwin Toas
74
10-12-1932 luth. IIR
Id.~NImo(lfOOl-''''_Illd_
923 WUldiff Drive
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Top.
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Echr1n Williaa Toas
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923 WUldiff Drive lfecbatdcabur PA 17050
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Crell8tion Society of PA rrisburg. PA 17109
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AprU 14. 2007
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1:05 p. M. April 14. 2007
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LAST WILL AND TESTAMENT 2001 APR 23 PI' 2: 10
OF CLEc~K OF
JAMES EDWIN TOMS om~'i-'/ CQllRT
I, JAMES EDWIN TOMS, Captain, U.S. Navy (Retired) am a re~a~~t ofC~land
County, Commonwealth of pennsylvania, which I hereby declare to be my place of legal domicile.
I further declare that I was married to Margaret Pasquarella Porr Toms in a ceremony on June
19, 1998. This wedding was preceded by a prenuptial agreement executed on June 10, 1998. I
being of sound and disposing mind and memory, hereby make, publish, and declare this to be my
Last will and Testament, hereby revoking all wills and codicils previously made by me. I have
two sons, Cameron Cannichael Toms and Barton Porter Knight Toms, born of my first marriage.
Margaret has two daughters and a son, Linda Porr Sweeney, Carolyn Porr and Robert Porr, born
of her first marriage.
ARTICLE I
All of my just debts, which are legally enforceable, shall be paid out of my estate as soon
as practicable.
ARTICLE II
In accordance with the terms of our prenuptial agreement Margaret and I are owners as
Tenants in Common of our home at 923 WillcliffDrive, Mechanicsburg, Pennsylvania. Also in
accordance with that agreement I hereby establish a Trust to accept my share of the said marital
home for the benefit of my wife, Margaret, so long as she survives me and chooses to occupy the
residence that trust to be adminIstered In accordance with our pre-nuptial agreement. So long as
she survives and chooses to occupy the residence she shall be responsible for all expenses related
to the maintenance and upkeep of the residence including, without limitation: utilities; repairs; real
estate taxes; and insurance premiums. At such time as Margaret no longer occupies our home at
923 WillcliffDrive, the house shall be placed on the market and sold at the price that the trustees
deem appropriate. Half the proceeds shall be distributed to my wife, Margaret or in accordance
with my wife, Margaret's will. The other half shall be distn'buted as follows: Fifty percent to my
son, Cameron Carmichael Toms, and :fifty percent to my son, Barton Porter Knight Toms. In the
event that either son does not survive at the time this trust property is distributed it shall be
.buted as set forth below.
W C1J!e._
Page 1 of4
., ..
ARTICLE III
Margaret and I own our furniture and household effects as tenants by the entirety.
ARTICLE IV
My equity shares in dividend reinvestment programs and my accounts in Mellon Bank and
the Navy Federai credit Union, which I hoid at the time or my death, shall be managed by my
Trustee and used as necessary in administering the Trust of923 WillcliffDrive. When that Trust
is dissolved the remainder of these assets shall be distnbuted in accordance with Article V, below.
ARTICLE V
If my sons, Cameron Carmlchaei Toms and Barton Porter Knight Toms, are living at the
time of my death, I give, devise, and bequeath the rest, residue and remainder of my estate equally
to those two sons. Ifeltber of them shouid predecease me, then I give the share orany such
deceased child to his issue, him surviving, per stirpes, and if either of my sons should so die
without ieavlng Issue Survlvlng him, then his share shall go to my chad surviving him, or to his
surviving issue, the issue ofa deceased taking the share of the deceased parent, per stirpes. In the
event none oftbese survive me, then to my wife, Margaret. In the event no such individuals are
then living, then to the children of Linda Porr Sweeney, Margaret, Joseph, and John, or the
. -
survivors among them.
At the time of distnbution of the proceeds of sale of the property at 923 WillcliffDrive
the same provisions apply in the event that one or both of my sons no longer survives.
Article VI
wherever In thls, my Last will and Testament, It Is provided that any person shall benefit
hereunder if such person shall survive me, such person shall be deemed not to have survived me if
he or she shall die within thirty (30) days after my death.
Article VII
. . ... .. . .. ~.. ~ ~ ~
All estate, inheritance, transfer, legacy, succession or other similar taxes and dutIeS, and any
interest and penalties thereon, payable on any property which is devised or bequeathed under the
provisions ofthls, my will, or on any other property which shall constitute a taxable part ormy
estate, whether or not passing under this will, shall be paid out of the principal of my
residuary estate as an expense of adminimratlon and without apportionment, deduction of
reim ursements therefor, and without adjustments among the residuary beneficiaries.
~
Page 2 of4
-,'
Article VIII
I authorize and empower my Executors of the Will and the successors in office, and the
Trustee or successors appointed. hereunder, without posting bond or surety, and without order of
or report to, or authorization of any court, to sell, convey, mortgage, lease, reinvest, exchange,
manage, contro~ or otherwise deai with any and all property comprising my estate. Further, my
Executors and successors in office, and Trustee and successor in office, shall be empowered to
empioy and reasonahiy compensate any persons reasonabiy necessary to render assistance in
carrying out the duties of Trustee and of Executor, including the requirements, if any, of ancillary
administration. My Executors and Trustee and successors in office shall have the power to
compromise, adjust, and settle any claims by or against my estate upon such terms as are deemed
advisabie, and to make dlstnbutlon under tills will in kind or money, or partly in kind and partly in
money. My Trustee for the property at 923 WillcliffDrive shall be governed by the provisions of
Section 13.4 of the Prenuptlai Agreement mentioned above. The powers enumerated in this
Article are not intended and shall not be construed in any respect as limitation of any powers
conferred upon my Executor or Trustee and the successors in office by law, but are intended and
shall be construed as in addition thereto.
Article IX
I hereby nominate, constitute, and appoint my wife, Margaret, and my son, Barton Porter
. . ... . .. .... .. . a.
Knight Toms, of Lansdowne, Delaware County, Pennsylvania, as Co-Executors of this, my Last
Will and Testament, and I appoint my son Barton as Trustee of the Trust herein created. Should
Barton for any reason tali or cease to act as Executor or Trustee hereunder, then and thereafter I
nominate, constitute, and appoint as successor Executor and/or trustee hereunder, my son,
C8IIle[1 n C. Toms ofLexlngton Park, 8t Mary's County, Maryiand.
~
Page 3 of4
",t, ....'
. .
IN WITNESS WHEREOF, I have hereunto set my hand and seai this J5~daY
of {}TTJfXL 2001.
This will, conslsclng of four pages, mciuswe of this page, was SIGNED, SEALED,
PUBLISHED AND DECLARED by JAMES EDWIN TOMS, the above named Testator as his
.... . . .. .... . . \. ... .
Last Will and Testament in the joint presence of us, who in his presence and m the presence of
each other, have hereunto subscnbed our signatures as witnesses this ~5~daY
of O!~-R.J ~\.
~ lJ- 4 residingat /0 tj H~/~ D/,;JL
1'//; Ii 'I.} 5,/,;,/1.1 -I f If.
~~= n~at_~~~~;~{~ PR 17036
-(] I
(page 4 of4 pages)
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SELF-PROVING CERTIFICATE
Commonwealth of Pennsylvania)
County of Y ol!.-!<- )
~ WI/-J::
known to me to be the
Testator and witnesses, rcspcctively, whose names arc signed to the attached or foregoing' and all of these persons being
first duly sworn, the Testator declared to me and to the Witnesses in my presence that said instrument is his LAST WILL AND
TESTAMENT and that he bad willingly signed the same and executed it in the presence of the said witnesses as his free and
vohmtary act for the purposes therein expressed; that said witnesses slated before me that the foregoing WILL was execu1l:d and
acknowledged by the Testator as his Last Will and Testament in the presence of said Witnesses who, in his presence and at his
request, and in the presence of each other, did subscribe their names thereto as attesting WIlnesses on the day of the date of the said
will, and that the Testator, at the time of the execution of said will, was over the age of 18 years and of sound and disposing mind and
memory.
,
,
WITNESS
/"'--- ~
~_Il.t{~
Subscnbed, sworn and acknowledged before me~ JAMES EDWIN TOMS .\~ Testator,
8J!d,1?Y_r,,~.. 'J. Fr~t,- and ~~ (Y), KO\/,theWrtnesses,this
~dayof (flro~J!..J~/. I
,
~C~
NOTAR PUBLIC .
My Commission expires: NO", /0) 6).00 {
" (
,
,
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Notarial Seal .
Kim C Guyer, Notary Public
FaiNI8W Twp.. ~~~ ~~u~~, 2001
My Commlnlon exp . .
-, ~ em r. nnsylvanla Association of NotaneS