HomeMy WebLinkAbout05-03-07
05/02/2007 10:35 0000000000
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WAYNEF.SHADE
AltOJJllEY AT LAW
'3 WEST POMFRET STllEBT
CARLlSUl. PllNNSVLVAJIlJA 17013
(717)243~O
(800) 243.0220
PAGE 01
May 2, 2007
J'J\X (717) 249-(10)7
Re:
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Estate ofCbarles E. Paxton' ,__
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With I gard to our Petition for Letters of Adminis1ration, c.t.a., in the above \L)
Estate, we'd note, initially, that the Testator did not designate Farmers Trust
Company, i 'isuccessors or assigns, as substituted executor. He designated only Farmers
Trust C : y. Obviously, Farmers Trust Company no looger exists. We would submit
that it is, by means, clear that the Testator would have been satisfied to have had a
large regi bank. with its main offices in Buffalo, New YorIc, administer his Estate.
This is patti arty so where, at the time that he wrote his Will, the headquarters and only
office of th that he was designpting as his substituted: executor was located in the
very buH' where the office of the attorney who was writing the Will was also located.
Under th ircumstances, we would further submit that, if the Testator had intended to
include su ' rs or assigns of Farmers Trust Company as substituted executor, it would
have been '" easy for the Testator to have said so; but, obviously, the Testator did not
say so.
the Testator had designated the succeSsors and assigns of Farmers Trost
Company ubstituted executor, 20 Pa.C.S. ~31S5(b)(6) expresses a legislative intention
to give preil nee to the nominee of a personal representative over other eligible parties
with a low I 'ority. At his age, Dallas 1. Paxton would prefer not to have the
t'esponsibili of administering his brother's Estate. He would also prefer that his son
discharge I i duties on the basis that the T_ would have preferred that 0\lll:0lJle.
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05/02/2007 10:35 0000000000
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PAGE 02
Wayne F. S e, Esquire, to
Ms. Glen , amer Strasbaugh
May 2, 200 ~l
Page 2 11
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. d suggest that the lack of reference to the successors and assigns of
: t Company and the nomination of the Petitioner by the primary executor
should be i that we need for you to exercise your discretion in favor of the present
Petition. If: u disagree, we would suggest that Ruth P. Paxton did not survive the
Testator. . leaves the two brothers ofttle Testator as the sole residuary heirs. The
other . Robert L. Paxton, would also .tenounee in favor of the Petitioner. However,
he lives in i State of low&, so it would be impractical for him to come to Carlisle to
execute the unciatioD. We could have his renunciation and nomination oftb.e
Petitioner 1 ~ uted where he lives and acknowledged there.
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d ask you to review these thoughts with Kirk and exercise your discretion
issuance of Letters of Administration to the Petitioner on the basis of the
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WFS/cjt I f
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cc; Mr. i cky L. Paxton
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Very truly yours,
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TRANSMISSION VERIFICATION REPORT
TIME 131/17/213137 1313:45
NAME
FAX
SER.# BROG6F335532
DATE, TIME
FAX NO. I NAME
DURATION
PAGE(S)
RESULT
MODE
131/17 1313:44
991395925
1313:1313:54
133
OK
STANDARD
ECM
Glenda Farner Strasbaugh
Register of Wills &
Clerk of Orphans' Court
Marjorie A. Wevodau
First Deputy
One Courthouse Square
Carlisle, PAl 7013
Kirk S. Sohonage, Esq.
Solicitor
Phone: (717) 240-6345
Fax: (717)240-7797
OFFICES OF
Register of Wills and Clerk of the Orphans' Court
County of Cumberland
FACSIMILE TRANSMITTAL SHEET
TO:
Kirk Sohonage, Esq.
FROM:
Margie Wevodau
COMPANY:
PHONE:
717-240-7766
FAX NUMBER:
(717) 909-5925
DATE:
May 3, 2007
RE:
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