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HomeMy WebLinkAbout04-11-07 PETITION FOR PROBATE and GRANT OF LETTERS &tate of RICHARD G. SEEDS No. /} J - n,- ~ also lcnown as RICHARD GREER SEEDS To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania , Deceased I Socia/Security No. 198-22.1690 The petition of the undersigned respectfully represents that: Your petitioner( s), who islare 18 years of age or older and the execut rix in the last will of the above decedent, dated 11/~0/2006 ' and codicil(s) dated N1A Decedent was a resident of Hampden Township, Cumberland County, PennsYlvania, at the time of his death. in the named (state relevant circumstances, c.g. mlunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h is last family or principal residence at 5014 East Trindle Road. HamDden TownshiD (list street, number and municipality) ~ then 74 years of age, died 3/2512007 at Tamoa Bav. 1.5 miles West of ADollo Beach Except as follows, decedent did not marry, was not divorced and did not have a child bom or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Deeedent at death owned property with estimated values as follows: (If domiciled ill Pa) AlIperSoDalproperty $ 100.000.00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa) Personal property in County $ Value ofrea1 estate in Pennsylvania $ 100.000.00 situated as follows: 5014 Qast Trind/e Road, HamDden Township. Cumberland County, PennsYlvania WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of etters thereon. (testamentary; administration c.ta.; administration d.b.n.c.ta.) f ~f !:i! i"'l 't; in MN 55124 4609 152nd STREET APPLE VALLEY o :-~,~'6 ~i '-;J T'll ,.- T-' -- ,'" '. .~ -, ~--_~! ~(':l 1 -::1 t;.? N I. 'V OATH OF PERSONAL REPRESENTATIVE ~~=~~~rl?~PENN~YLVANIA } ss The pf,rtitioner(s) above.named swear(s) or affinn(s) that the statements in the foregoing petition are true and ~orrect to the best of the knowledge and belief ofpetitioner(s) and that as personal represen- tative(s) iofthe above decedent petitioner(s) will well and ..administer the estate 8CCOJI to law. Sworn to or ~md subscnbed { ~ I' I ore Ole this \ 00'1 day of .. 1'-~,.) ,--"'-"\ (':'-~ ....., ~ \J -0 :0 No. cOl-O,- ~ Estate of RICHARD G. SEEDS , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW . ADri111. 2007 . in consideration of the petition on the reverse side hereof: satisfactory proofhaving been presented before me, IT IS DECREED that the iDStrument(s) dated 11/3012006 desc:ribed therein be admitted to probate and filed of record as the last will of RICH~D G. SEEDS and Letters Testamentary are hereby grante<ho .. VIRGINIA SKOGEN FEES Probate, Letters, Etc.. . . . . . .. sc9(oO. 00 Short Certificates ( }...... S 1-\0. DO ~.W\\~....... S 15,00 -.l cP (J Clt..J::s, $ 1('). Q) ~ s-. Vb Filed. . .+1 ~J.f pf~~~ ~ ~ ~.~.'~ CHARLEU. >>ETRI.E / o..P' 2~9 L~V/~ ATTORNEY (Sup. Ct 1.0. No.) 3528 BRISBAN STREET HARRISBURG PA 17111 ADDRESS (717) 561-1939 PHONE N C'\.! ~ '-'- a:::: 0- ~ .-- c.::::) c.c :_ 0--) C) .:::.~-_..: ',,-'-.,.' ~ LAST WILL AND TESTAMENT I, RICHARD G. SEEDS, of 5014 East Trindle Road, Mechanicsburg, County of Cumberland, Pennsylvama, do hereby make, publish, and declare this to be my LAST WILL AND TESTAMENT, revoking any and all prior wills and codicils by me at any time heretofore made. FIRST, for the purposes of this my Last Will and Testament, all references herein to "my beneficiaries" shall include my daughter, VIRGINIA SKOGEN, my sons, THOMAS SEEDS, DANIEL SEEDS, and MATTHEW SEEDS, and my wife, EULA TILLMAN SEEDS. SECOND, I order and direct my Executrix to pay all of my just debts and funeral expenses, all expenses of my last illness, my mortgage debt on real estate, credit card debts and personal loans, out of the principal of my residuary estate, as soon as practicable after my death as part of the expense of the administration of my estate. THIRD, I order and direct my Executor to pay as part of the expense of the administration of my estate, all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, together with any mterest and penalties thereon, which may be payable by reason of my death and imposed with respect to any property, whether or not passing under this my Last Will and Testament, out of the principal of my residuary estate without,) r , ~.~-= 0 -..,; apportionment or right of reimbursement. All such taxes on presen(pr_[uture - ",) " ',~ ,I 1 h) r- interests may be paid at such time or times as my Executor or my Trustee may think proper, regardless of whether such taxes are then due. FOURTH, that I give and bequeat.h the following items of personal property to the beneficiaries indicated: A. I give first choice of any item in my art collection to my wife, EULA TILLMAN SEEDS. I give second choice to my daughter, VIRGINIA SKOGEN. I give third choice to my son THOMAS SEEDS. I give fourth choice to my son DANIEL SEEDS. I give fifth choice to my son MATTHEW SEEDS. The distribution of further pieces shall proceed in the same manner. B. I direct that my etching of Napoleon returning from a battle shall be held in trust for my grandchildren. I appoint my granddaughter ALICIA SKOGEN as the Trustee. I direct that it shall be stored safely in a museum for a minimum of forty (40) years. Upon the sale of this piece of artwork, the proceeds shall be divided equally the grandchildren living at the time of the receipt of the proceeds. C. I give and bequeath the shares of stock in the corporation known as "Last Minute Tickets, Inc.,>> to be divided equally among my grandchildren. D. I bequeath all of the rest, residue and remainder of my tangible personal property, including jewelry, clothing, personal belongings including my coin and gun collections, household furniture and furnishings, chinaware, 2 silver, pictures, books, personal automobiles, and other tangible personalty of like nature (not including cash and securities), together with any existing insurance thereon, to my wife and children, if they survive me. If any of my children should predecease me but issue of said predeceased child or children survive me, I bequeath such tangible personalty and insurance thereon that would otherwise have been distributed to my deceased child or children to the issue then living of my deceased child or children, in equal shares, per stirpes. If any of my children have predeceased me without issue, then his share shall pass to my surviving children, in equal shares. FIFTH, I direct that the share of my estate passing to my wife shall be paid directly to her by the Executor. SIXTH, I give, devise and bequeath all of the rest, residue and remainder of my estate, of whatsoever kind and wheresoever situate, to M & T BANK AND TRUST COMPANY, as Trustee, IN TRUST NEVERTHELESS, to be held, administered, as distributed for the benefit of my children, if they survive me, or the surviving issue of my deceased child or children in accordance with the following provisions: A. I direct that a separate trust shall be established for each of my children. Any referenced to "the trust" shall apply to each beneficiary's trust, regardless of the date of its creation.y 3 B. The Trustee shall distribute the principal and interest of any child's trust account only for the purpose of that child's purchasing real estate or a mobile home to be used as his or her primary residence. The trustee funds may be used as a down payment for said purchase or a payment to reduce or to satisfy a mortgage loan or loans encumbering a primary residence in accordance with the following instructions: 1. 1 direct that any mortgage loan used to purchase real estate cannot be an "interest-only" loan. The monthly payment must include a provision for repayment of principal beginning with the first monthly payment. 2. The monthly mortgage payment must include a provision for the mortgagee to collect real estate taxes and insurance on a monthly basis (escrow). The mortgagee shall be responsible for payment of the real estate taxes and insurance out of the monthly escrow payments. 3. If any of my children die before the utilizing all of the funds in his or her trust account, then the remaining funds shall be paid upon his or her death to his or her surviving children. If he or she is not survived by a child or children, then his or her share shall pass to my children who survive the predeceased child. C. The Trustee shall accumulate and add to the principal of the trust estate any net income of any child's Trust not paid out in accordance with the discretion hereinabove conferred on the Trustee. 4 D. No beneficiary or remainderman of any Trust shall have any right or power, except as otherwise specified, to sell, transfer, assign, pledge, mortgage, alienate, encumber, anticipate, obligate or hypothecate his or her interest in the principal or income of the trust estate in any manner whatsoever. To the fullest extent of the law, the interest of each and every beneficiary and remainderman shall not be subject to the claims of any of his or her creditors or liable to attachment, execution, bankruptcy proceedings, or any other legal process. The Trustee shall pay, disburse, and distribute principal and income of the trust estate only in the manner provided for in this my Last Will and Testament and not on any attempted transfer of assignment, whether oral or written, of any beneficiary or remainderman nor by operation of law. E. Notwithstanding any other provisions hereof, the Trustee may, in its absolute discretion, and at any time terminate either Trust, if the amount thereof does not warrant the cost of continuing said Trust, or its administration would otherwise be impractical. Upon such termination, the Trustee shall pay the principal and any accumulated or undistributed income to my beneficiary of that Trust account. F. If upon termination of the administration of my private estate, there have been no distribution in trust to the trustee and events have occurred that would require the Trustee under the terms of this my Last Will 5 and Testament to make immediate distribution of all the property, my Executrix shall perform all of the acts necessary to complete such distribution and for that purpose shall have all the powers granted by this my Last Will and Testament to the Trustee. G. In order to carry out the purposes of the Trust created by this my Last Will and Testament, the Trustee, in addition to all other powers granted by this my Last Will and Testament, or by law, shall have the following powers over the trust estate, exercisable without court approval, effective until actual distribution of all property, and subject to any limitations specified elsewhere in this my Last Will and Testament: 1. To retain any or all of the assets of my estate, real or personal, without regard to any principle of diversification, risk or productivity. 2. To retain any investments which may be held by me at the time of my death and to invest or reinvest the same although they may not be of the character of investments technically known as legal investments. 3. To invest the principal of my estate in all forms of property, including stock, common trust funds and mortgage investment funds, without restriction to investments technically known as legal investments, as the Trustee deems proper, without regard to any principle of diversification, risk or productivity. 6 4. To sell and dispose of 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 price or prices and upon such terms and conditions as the Trustee may deem proper. 5. To borrow money and to mortgage or pledge any real or personal property. 6. To settle or compromise any claim or controversy. 7. To manage, control, repair, and improve all trust property . 8. To continue and operate, to sell or to liquidate, as the Trustee deems advisable at the risk if the trust estate, any business or partnership interests received by the trust estate. 9. To commence or defend at the expense of the trust estate any litigation affecting the Trust or any property of the trust estate deemed advisable by the Trustee. 10. To procure and carry at the expense of trust estate insurance of the kinds, forms, and amounts deemed advisable by the Trustee to protect the trust estate. 11. To pay all taxes, assessments and other expenses incurred in the distribution, collection, care, administration, and protection of the trust estate. 7 12. To make distribution in cash or in kind or partly in each, or in undivided interests, as the Trustee deems proper in its sole discretion. H. The following provisions shall apply in the operation of the Trusts created by this my Last Will and Testament: 1. The Trustee is authorized to receive additions to the Trusts of any property, whether real, personal or mixed, of whatsoever kind and wheresoever situate, from sources other than my estate and at any time in the discretion of the Trustee. 2. The Trustee shall determine what is income and what is principal of the Trusts created by this my Last Will and Testament, and shall allocate receipts and expenses to principal or income or partly to each as the Trustee deems proper in her sole discretion. 3. No bond or other security shall be required in any jurisdiction of the Trustee for the faithful performance of its duties. 4. The validity and administration of the trust created by this my Last Will and Testament and all questions relating to the construction or interpretation of such Trust shall be governed by the laws of the Commonwealth of Pennsylvania. 8 SEVENTH, I hereby nominate, constitute and appoint my daughter, VIRGINIA SKOGEN, as the Executrix of this my Last Will and Testament. In the event that she should predecease me or should fail to qualify or cease to act as a Executrix of this my Last Will and Testament for any reason whatsoever, I hereby nominate, constitute and appoint my son, DANIEL H. SEEDS, as the Executor of this my Last Will and Testament. A. No bond or other security shall be required in any jurisdiction of my Executrix for the faithful performance of her duties. B. My Executrix shall have, in extension and not in limitation of the powers given by law or by other provisions of this my Last Will and Testament, the following powers with respect to the settlement and administration of my estate, to be exercised in each case from time to time in the discretion of my Executrix without further order or license of the Register of Wills or of any court: 1. To exercise with regard to my estate all of the powers and authority conferred by this my Last Will and Testament or the Trustee over the trust estate of the Trust created by this my Last Will and Testament. 2. To employ any attorney, investment advisor, accountant, broker, tax specialist, or other agent deemed necessary by my Executrix, and to pay from my estate reasonable compensation for all services performed by any of them. 9 3. I hereby empower my Personal Representative to reimburse himself or herself for the expenses of travel or overnight expenses from my estate account, up to the amount of One Thousand Two Hundred Dollars ($1,200.00). EIGHTH, If any provision of this my Last Will and Testament or of any Codicil thereto is held to be inoperative, invalid, or illegal, it is my intention that all of the remaining provisions thereof shall continue to be fully operative and effective so far as is possible and reasonable. NINTH, As used in this my Last Will and Testament, whenever the context so indicates, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the others. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 30th day of November, 2006. /~./.:5 ~~... RICHARD G. SEEDS r~f"~ WITNESS ~~~ WITNESS 10 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, RICHARD G. SEEDS, testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I have signed and executed the instrument as my Last Will and Testament; that I signed it willingly and that I signed it an my free and voluntary act of the purposes therein expressed. Sworn or affirmed to and acknowledged before me by CYNTHIA A. CONJAR, the testator, this 30th day of November, 2006. fl~e~, ~k- :r; 2~ RICHARD G. SEEDS ~Ltf /~6 MONWEAL TH OF PENNSVL J\NIA NotarIal Seal Kelly P. RobeI1s. Notary Public PIldang Boro, DauphrI Cotny My CcrnmissIon ExpIres Jan. 'ZT, 2009 Member, Pennsylvania ASSOCiation at Notaries 11 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN WE, CHARLES E. PETRIE and EULA TILLMAN SEEDS, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw testator sign and execute the instrument as his LAST WILL AND TESTAMENT; that RICHARD G. SEEDS 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 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed before me by CHARLES E. PETRIE and EULA TILLMAN SEEDS, witnesses, this 30th day of November, 2006. ~c~ WITNESS UL-P,,~~ WITNESS ~/ Ie /;ft~~ TARY UB IC ' COMMONWEALTH OF PENNSYLVANIA NotarIal Seal Kelly P. Roberts, NolaIy Public Paxtang Bora, DauphIn ColI'lty My Commission ExpiA!lS Jan. 'Zl, 2009 Member, Pennsylvania Association of Notaries 12 . WAIVER OF RIGHT TO ELECT AGAINST THE WILL I, EVLA TILLMAN SEEDS, duly sworn, do hereby make and aver as follows: 1. I am the wife of Richard G. Seeds. 2. I understand that pursuant to Pennsylvania law, I have the right to elect against my husband's will if the bequest to me is less than the amount that I am entitled to under Pennsylvania law. 3. I have read the Last Will and Testament of Richard G. Seeds dated November 30, 2006, and I have signed it as a witness. 4. I hereby waive and renounce my right to elect against the Last Will and Testament of Richard G. Seeds. IN WITNESS WHEREOF, and intending to be legally bound, I have hereunto set my hand and seal this 30th day of November, 2006. WA-~~ EVLA TILLMAN SEEDS Sworn to and subscribed before me this 30th day of November, 2006. ~l~4 ARY VBLle y Commission expires: .Jan. 27, 2009 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kelly P. Roberts, Notary Public Paxtang Boro, DauphIn County My Commission Expires Jan. 'Zl, 2009 Member, Pennsylvania Association 01 Notaries 13 CERTIFICATION OF VITAL RECORD I .1 UIIIIII ~llllmll~IIIII"1 ~"'II" UI * 3 308 D 978 *