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HomeMy WebLinkAbout06-01-07COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEHIGH SS: HONORABLE ALAN M. BLACK, President Judge of the Court of Common Pleas, in and for the County of Lehigh, DO CERTIFY, that SANDRA L. SCHANTZ, by whom the annexed record, certificate and attestation were made, and who in her own proper handwriting has hereto subscribed her name and affixed her official seal, was at the time of so doing, and now is Register of Wills of Lehigh County, Pennsylvania in and for said County, duly commissioned and qualified; to all whose acts, as such full faith and credit record, certificate and attestation are in due form of law, and made by the proper officer. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this ~~- day of `~ 7 98- President Judge of the Court of Common Pleas COMMONWEALTH OF PENNSYLVANIA ? ~; COUNTY OF LEHIGH ~ _ ~_ "~ `.~., k:- ~...r, ~~ I, SANDRA L. SCHANTZ, Register of Wills in said County of Lehigh, DO CERTIFY tlat`the --_ ~; HONORABLE ALAN M. BLACK, by whom the foregoing certificate and attestation were made and who :~ c~~; has hereunto subscribed his name, was, at the time of making thereof, and is the President Judge of the Court of Common Pleas, in and for said County, duly commissioned and qualified; to all whose acts, as such, full faith and credit are and ought to be given, as well in Courts of Judicature as elsewhere. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of my office at Allentown, Lehigh County, Pennsylvania this 1 $ ~ day of Im Cft-e~-- A.D. 200 ~ . Register of Wills, Lehigh County -~ S~ NDRA L. SCHANTZ ~ rmE g ./ ~°' /q+ c~ Register of Wills of Lehigh County, Pennsylvania Fi`_ ~` '' ~~(J~ ~' PETITION FOR GRANT OF LETTER Estate of John H Muhly No. 2006-1823 also known as John H Muhl, Jr. Deceased Social Security No. 7~ ~_~ ~_S~hh Date of Birth Sept. 11, 1917 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" or "B" BELOW:) ~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/~g~ the execut rix named in the Last `vJill of the Decedent, dated me 1 2001 and codicils(s) date _ June 7, 2005 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 of the documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated: ^ B, Grant of Letters of Administration (d.b.n.c.ta.; pendete life; durante absentia; durante minoritate) 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: Name Relationshi Residence Ke H. M 1335 Russett Road Marv Elizabeth Wetziq dau hter COMPLETE IN ALL CASES: Decedent was domiciled at death in Lehigh County, Pennsylvania, with his/her last family or principal residence at (list street, number and municipality) Decedent, then 89 j'ears of age, died December 14, 2006at Towson, MD (Date) (Location ) Decedent at death oiuned property with estimated values as follows: (If domiciled in PA) All personal property $ undetermined (If not domiciled in PA) Personal property in Pennsylvania $ N/A (If not domiciled in PA) Personal property in County $ N/A Value of real estate in Pennsylvania $ Undetermined 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 letters in the appropriate form to the undersigned: Si nature T ed or Tinted name and residence `, ,1~,~ ~ ~•~ ~~~~~~ ~ Mary Elizabeth Wetzig, 1335 Russett Rd., Allentown, )ath of Personal Representati` Commonwealth of Pennsylvania County of Lehigh The Petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Decedent. Petitioner(s) will well an truly administer the estate according to law. ~"C ~ ~ ~~ ~ S.S. # Sworn to or affirmed and subscribed Tel. # before me this ~ ~~ day of Ma E abeth Wetzig 610-398-9652 ~~~ 2"" ~ S.S. # Tel. # For the Register S.S. # Tel. # No. 2006-is23 Deceased Estate of John H. Muhly a/k/a John H. Muhly, Jr. Social Security No.: 719-18-5866 Date of Death: December 14, 2006 AND NOW, December 26 , 20 06 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ®Testamentary D Of Administration are hereby granted to Mary Elizabeth Wetzig (d.b.n.c.t.a.; pendente lice, durante absentia durtantic minoritate) in the above estate and that the instrument(s) dated June 21, 2001 and Codicil dated June 7, 2005 described in the Petition be admitted to probate Fees .............. Letters ..... .....$ 120.00 Short Certificate(s) ... 5 $ 10 . o0 Renunciation ......... .....$ Affidavits ( ).....• .••••$ Extra Pages ( )•.. ..•••$ Codicil ................... ..... $ JCPFee ................. .....$ 10.00 Inventory ............... .....$ 5 . on Tax Return ............ .....$ l o . o0 Other ..........................$ TOTAL .............$ 15 5.00 as the Last Will of the Decedent. a ,. ~" . ' . ,~~. /~~,~,r,~~j ~ o ~ ~ :. ~c~ x ~ ,~'~s~~~, ~ .~~ ~ s c+-n o -~ ~ ~ ,, ~ ~ -D~ N '~~ . y. .. ~ w 0 Attorney: William G. Malkames, Esquire I.D. No.: 08037 Address: 509 Linden Street AlJ_entown, PA 18101 Telephone: h~ n-82J -8227 Fax: 610-821-5851 Date Filed ~ 2 26 2006 zoob-isz3 LAST WILL AND TESTAMENT OF JOHN H. MUHLY I, JOHN H. MUHLY, Social Security Number 719-18-5866, of Baltimore County, State of Maryland, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this instrument as and for my Last Will and Testament, hereby revoking any and all Wills and Codicils that may have been made heretofore by me. FIRST AND PRINCIPALLY: I direct that my Personal Representative, hereinafter named, pursuant to this Last Will and Testament be authorized to make a donation of my brain. My Personal Representative is directed to pay all my just debts and funeral expenses, including the cost of a suitable marker and/or monument at my grave, the amount to be expended in connection with all of said expenses to be free of any limitation and restrictions imposed by law. SECOND: All inheritance, estate, and succession taxes (including interest and ,, ,;~~`1~ f'- r. <~; i- .t~ ` Law Office of Jason A. Frank 1400 Front Avenue Suite 101 Lutherville, Md 21093 (410) 337-8900 penalties thereon) payable by reason of my death shall be paid out of and be charged generally against the principal of my Estate without reimbursement from any person. This provision is not a waiver of any right which my Personal Representative has to claim reimbursement for any such taxes which become payable on account of any property over which I have a power of appointment. THIRD: All the rest and residue of my estate, of whatsoever kind and nature and wheresoever situate, real, personal and/or mixed, I give, devise and bequeath unto my beloved son, KENT F. MUHLY, and daughter, MARY ELIZABETH WETZIG, equally, share and share alike. FOURTH: If either of my said children shall predecease me, or if either of my said children and I shall die simultaneously, or if either of my said children shall die within thirty (30) days after the day of my death with issue surviving, then, in that event, I give, devise and bequeath the share or shares of my said child so dying unto his or her issue, der stir~es and not ~ ca~ta. FIFTH: If either of my said children shall predecease me, or if either of my said children and I shall die simultaneously, or if either of my said children shall die within thirty (30) days after the day of my death without issue surviving, then, in that event, I give, devise and bequeath the share or shares of my said child so dying unto my surviving child. SIXTH: If any person to whom any part of my estate is payable under the ~f) ~r: l rlt ~ j ~ ~~ 1 Law Office of Jason A. Frank 1400 Front Avenue Suite 101 Lutherville, Md 21093 (410) 337-8900 provisions of this Will is then a minor, or is in the opinion of my Personal Representative incapacitated, physically or mentally, temporarily or permanently, such that said beneficiary is unable to look after his financial best interests effectively and prudently, then my Personal Representative may make any such payments (i) to such person, or (ii) to the individual who is in the sole and conclusive judgment of my Personal Representative in proper charge of such person, whether with or without a court order, or (iii) in the case of a minor, to the custodian named by my Personal Representative, to be held under the Maryland Uniform Transfers to Minors Act, under which Act this gift is made, and the custodial property shall be distributed (unless sooner expended pursuant to the Act) only upon the minor's attaining the age of twenty-one (21) years, and in every such event 2 payments may be made, received and applied without the necessity of any accounting to, qualification in, or approval of any court, and any such payments made in good faith shall be deemed proper and shall constitute a complete release and acquittance to my Personal Representative therefor. SEVENTH: The interest of any beneficiary of any legacy or devise, or of any < ' f ,~~,~ ~~~ Law Office of Jason A. Frank 1400 Front Avenue Suite 101 Lutherville, Md 21093 (410) 337-8900 Trust hereunder, either as to income or principal, shall not be anticipated, alienated, or in any other manner assigned, or be subj ect to, any legal, equitable, or other process, including bankruptcy proceeding, or be subject to the interference or control of creditors, or others in any manner; provided however, that during the illness, minority or other incapacity of any beneficiary hereunder, my Personal Representative or Trustee shall be authorized to make any payments of income and/or principal due to such beneficiary to his or her duly constituted guardian or committee, or to such other person or persons as in the sole and absolute discretion of my Personal Representative or Trustee may be in proper charge of any such beneficiary, to be applied by such person or persons to the support, maintenance, education, general welfare, and care of such beneficiary, or if my Personal Representative or Trustee shall deem best, to apply such payments directly for such purposes. EIGHTH: I do hereby nominate, constitute and appoint MARY ELIZABETH WETZIG, to be my Personal Representative with respect to this Last Will and Testament. In the event that she refuses to serve or is unable to serve for any reason, then I hereby appoint DANIEL K. MUHLY to serve in her place and stead. I desire that my Personal Representative serve without bond. NINTH: I do hereby confer upon my Personal Representative the powers necessary for the administration of my Estate, to sell at public or private sale or sales, or otherwise to dispose of, invest or reinvest, any assets at such times and upon such terms as my Personal Representative shall deem advisable without application to any Court for authority with respect thereto, and to convey by Deed or otherwise without ratification by any Court and without obligation on the part of the purchasers thereof to see to the application of the purchase money. IN TESTIMONY'- EREOF, I have hereunto set my name and affixed my seal K,'~ this ~' day of ~ ~~ ~~'~~"~`~ , 2001. ;~ .-- ~ ~.~-, t t SEAL OHN H. MUHLY SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named 1 , ,f,i~~ ``~; ",, ,~ ~ ~ ~'~ Law Office of Jason A. Frank 1400 Front Avenue Suite 101 Lutherville, Md 21093 (410) 337-8900 Testator, JOHN H. MUHLY, as and for his Last Will and Testament, in the presence of us, who at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses hereto. ~ ; ~ ~,/^. 'F r - lr r - ,g %~ /In Off l..x. ~~ 1400 Front Avenue, Suite 101 Lutherville, Maryland 21093 1400 Front Avenue, Suite 101 Lutherville, Maryland 21093 4 STATE OF MARYLAND, COUNTY OF BALTIMORE, TO-WIT: I, the Undersigned, do hereby certify that I am a duly commissioned, qualified, and authorized Notary Public in and for the aforesaid State and that the Testator in the foregoing Last Will and Testament, who is known to me (or satisfactorily proven), appeared before me this day within the territorial limits of my authority and executed said instrument after the contents thereof had been read and duly explained to said Testator and acknowledged that the execution of said instrument was the free and voluntary act and deed of said Testator for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my Hand and affixed my official Seal this ~_ day of ~t.2_ , 2001. ~e~,,~~mnrs-urr~ C'~. ~~ a\~~~~Q~G~• L.• ~,~~~~~NO Commss on Ex fires: ~ ! D 2._. %.~' pUf3L~G •~ ~///~.,•MO RE...,.~~~ =-, ~ . . ~L `~ l C,. ~; Law Office of Jason A. Frank 1400 Front Avenue Suite 101 Lutherville, Md 21093 (410) 337-8900 5 CODICIL I, JOHN H. MUHLY, a/k/a JOHN H. MUHLY, JR., of 8805 Max Way, Breinigsville, Lehigh County, Pennsylvania 18031, do make, publish and declare this to be the first Codicil to the Last Will and Testament executed by me on June 21, 2001. FIRST: I hereby declare that I have presently reside at 8805 Max Way, Breinigsville, Lehigh County, Pennsylvania 18031. SECOND: I hereby restate Paragraph THIRD in its entirety to read as follows: "All the rest and residue of my estate, of whatsoever kind and nature and wheresoever situate, real, personal and/or mixed, give, devise and bequeath as follows: A. The sum of $30,000.00 or 10% of the net distributable value of my probate estate, whichever amount shall be less, to my son, KENT F. MUHLY. For purposes of this Will, the term "net distributable estate" shall be defined as all of my probate assets, less any federal or state estate, inheritance or income taxes; costs of administration, including but not limited to probate costs, legal advertising, executor's commission, attorney's fees; debts; medical expenses; and any other costs or items allowable as deductions for federal or state inheritance tax purposes. B. All of the rest, residue and remainder to my daughter, MARY ELIZABETH WETZIG." THIRD: I hereby delete, cancel and nullify Paragraph FIFTH. FOURTH: I hereby modify Paragraph SIXTH to substitute the Pennsylvania for the Maryland Uniform Transfers to Minors Act. FOURTH: I hereby modify Paragraph SIXTH to substitute the Pennsylvania for the Maryland Uniform Transfers to Minors Act. FIFTH: I hereby restate the second sentence in Paragraph EIGHTH to provide that in the event that MARY ELIZABETH WETZIG refuses to serve as or is unable to serve for any reason, then I appoint my grandson, JOHN F. WETZIG, to serve in her place instead. authorize my Personal Representative to serve without bond. SIXTH: I hereby ratify and confirm all the remaining terms and provisions of my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my first Codicil to my Last Will and Testament executed by me on June 21, 2001, this nth day of June , 2005. ~~ .(S AC) ``~ _(SE L) SIGNED, sealed, published and declared by the above-named Testator, and as for his first Codicil, in the presence of us, who at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. ` -.r ; p n .. ,~ ~ ~ ~ _ ~s F~~ .., , ADDRESS I ~ ~.,~ -~ ~' ,~ ,~, 4r~~_.t -~-- r~ .~ ~r: i -;: ~, _. ,- ~ ' ~ ~ ~ ;`~~ ~ILC_ ADDRESS t _ ~ 1 ' JOHN N. MUHLY a/IE/a / We, JOHN H. MUHLY, a/k/a JOHN H. MUHLY, JR., Anna Spino , Elizabeth Velez ,and Ketura A. Jones ,the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his first Codicil and that he had signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator signed the Codicil as witness and that to the best of their knowledge, the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue infl ~~~J ~ J., ~ / f~/~ J J /(/I f j1 ~- ~ (( JOHN H. MUHLY, a/k/a ~ ,~ ,~~ ;- ~ OHN H. MUHLY, JR. ' ; ' Witness " SWORN to and subscribed before me by JOHN H. MUHLY, a/k/a JOHN H. MUHLY, JR., the Testator, and sworn to and subscribed before me by Anna Spino , Elizabeth Velez ,and Ketura A. Jones ,the witnesses, this ~thday of June NoTARw sEu Ndary Public ALLEMOWN CITY, LEHfGH COtiN1Y My Comm-ssion Expf-es Apr 9, 2009 2005. NARY PUBLIC ,,, i Sandra L. Schantz REGISTER OF WILLS CERTIFICATE OF GRANT OF LETTERS FILE NO. 2006-1823 ESTATE OF JOHN H. MUHLY AKA JOHN H. MUHLY, JR SOCIAL SECURITY NO. 719-18-5866 WHEREAS, on the Date of December 26, 2006 instrument dated June 21, 2001 was admitted to probate as the last will of JOHN H. MUHLY late of ALLENTOWN, PA who died on the date of December 14, 2006. THEREFORE, I, Sandra L. Schantz, Register of Wills in and for the County of Lehigh, in the Commonwealth of Pennsylvania, do certify that I have this date December 26, 2006 granted Letters TESTAMENTARY to: MARY ELIZABETH WETZIG who having duly qualified as EXECUTOR(S) and having agreed to administer the estate according to law, all of which fully appears of record in my office at Allentown, Pennsylvania. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office the date of December 2 0bb':"'~"~'~"~"~'~"'~' '`'' '~''F"" " ~ `'` ` #~""~~ '; Registers of " ~ x~ PER ~ ~~ ~ ~ ~ Deputy ~~~' ~ ~.s ~. , r ;.k~~.~ ~„~~%sd ~~x ~~ . ~, v COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEHIGH SS I, Sandra L. Schantz, Register for the Probate of Wills, and granting LETTERS TESTAMENTARY in and for the County of Lehigh, do certify that the above and foregoing is a true, correct and entire copy of the ATTACHED DOCUMENT OF THE ESTATE OF: JOHN H. MUHLY AKA JOHN H. MUHLY, JR DATE OF DEATH: December 14, 2006 FILE NO: 2006-1823 ADMITTED TO PROBATE: December 26, 2006 So full and entire as the same remains of record and on file in said office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Register's Office at Allentown, Pennsylvania, this date of May 16, 2007 ~~~ ~ ~ Register of Wills PER Deputy