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Home My WebLink About07-25-07 ,. j' PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Estate of LorrIE IVY DIXON also known as File Number a \ -07 -( 10 lP . Deceased Social Security Number 420-42-0697 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) lZJ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is I are the EXECUTOR last Will of the Decedent dated 11/16/2005 and codicil(s) dated nla named in the (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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: none o B. Grant of Letters of Administration (If applicable. enter: c.t.a.; d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has I 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.b.n.c.t.a., enter date ofWiU in Section A above and complete list afheirs.) Name Relationship Residence (COMPLETE IN ALL CASES:) Alt4ch additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his I her last principal residence at 1571 Boilin2 Snrin2s Rd.. Boilin2 Snrin2s. Monroe Two.. Cumberland County. P A 17007 (List street address. town/city, township, county. state. zip code) Decedent, then 79 years of age, died on lune 28, 2007 Cumberland County. PA 17007 at 1571 BoilinR S"rinRS Rd., BoilinR S"rinRs, Monroe Twp. Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (Ifnot domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as follows: 1571 Boiling Springs Rd., Boiling Springs, Monroe Twp., Cumberland County, PA 17007 100,000.00 S $ S S 500,000.00 Wherefore, Pctitioner(s) TCspcctfully rcquest(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant ofLcttcrs in the appropriate form to the undersigned: T Marshall L. Dixon 1571 Boiling Springs, Road., Boiling Springs, PA 17007 Form RW-02 rev. 10.13.06 Page 1 of2 .. . Oath of Personal Representative COMMONWEAL TII OF PENNSYL VANIA : SS COUN1Y 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 well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the ~ day of th~~ File Number: SignDture of PerSOnD/ Representative SignDture of PerSOnD/ Representative r9 ( -07 -U /((jJ Estate of LOTTIE IVY DIXON , Deceased Social Security Number: 420-42-0697 Date of Death: June 28, 2007 AND NOW, ~ ~ I ,in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters are hereby granted to Marshall L. Dixon in the above estate and that the instrument(s) dated 1111612005 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~~dAl1iJ.J'k ;Ja rnR, ~Cul~ Register of Wills p..-lV' nl CLe-p. Attorney Signature: Letters ............... $ Short Certificate(s) . . . . . . .. $ Renunciation(s) .......... $ ~~ ... $--1 5.00 Jc..o ... $ to.oo fUtolyu:rn On ... $ 6.00 '" $ ... $ ... $ ... $ ... $ ...$ TOTAL. . . . . . . . . . . . . . $ FEES Form RW-02 rev. 10.13.06 460.00 20.00 Attorney Name: Elizabeth P. Mullaugh Supreme Court I.D. No.: 76397 Address: McNees Wallace & Nurick LLC 100 Pine Street Harrisburg, P A 17108 Telephone: 717-237-5243 189.99- 5\ 0 . 00 Page 2 of2 U_Tn~.~()" ~r:V 10:;r;7; LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13620884 Certification Number 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 filing. ~. ~.,"L~~~L/ 2 /lOO7 Local Registrar . Date Issued f\ H1Q60143 REV 11~ lYPE I PAlHr III - llLACK INK COMMONWEALTH OF PENNSYLVANIA. PEPARTMENT OF HEALTH. VITAL RECORPS CERTIFICATE OF DEATH (See Instructlone end llJUImpIH on 1'8Wll'lI8) 5. Ago (!at IlIItIlCIIy) 7. n_.. \ -0,- O(Q V; w ~ 79 1928 West Point, MS 1._Gl_I....._...~ VII. 0lII0t. O~ OERI~ OllOA 0........_ 1]_ OOlhor-Slidy. ..Woo_Gl_0rigIn7 i1No 0"" 10._____..... II YII. ~ c.-.. (ltJoof)I i 1571 Boiling Springs Road _._-.....) Wh te 12. Woo --... 13. -"_ISpoctf...,NghIoI_~ ... __ _ __ 15. s.r.tmollpouoo(........-_I U.S._F.....? aon-y/-.v(O.l21 CoIogo 11.... S+) _Illwlo:od(~ 0.,.. GiNo 5+ widowed =:::....." 17L_ PA l:.~ 17C:[] VIs._lMd. Mnn....... lib. C<<rIy CuldJer1and 1bwnIIlIp'I 17d.O No. _Uvod_ - _~GI 1..-"_(fnI._._""*M) Lottie Ivy Yates zm.:iM'~'rr'ng<-SPf-T'rig-;-~~, Boiling Springs, PA 17007 r"" ... C<<rIy GI'-' "'.__II..._..._n..-, Cl.mberland 11.-'LlIuIl KildGl_ Clyl- 21C"""'GI_~GI_._.._ploco) Mt. Zion cemetery 21d.'-IClyI__,J\>codIj Allen, PA & crematory, Inc. 2Sc. _ SIpd 1_ dIy. ~ /)f.,. ~ 8 -~OOr ~ C;) ~ "'- <J ............- Onool.. DooIh 2&OIdr_u._.._? , 0 VIs 0"- ONo 0- 2"'_ O...__pIII~ o PI9n_IImoGl_ o "'_IU__42doyo GI_ o "'_IU_43doyo"'~ -- o _1__"pIII~ 321:.r== ==-Faly. =:If:~=~ .. oJt€(JflKl{~k" OuIlDlor..~oI): b. Dutlo(....__cI): 4{M1'11.Q ~ =__.IIIIlY. to ........onh.. EnIIr __CAllIE =-..:l.tt~ o..lolorllti~Of): kWII.._ - d. 3Gb. __ FIn61ao --,,~ GlCMlGI_? 0.... flC."" 0.... ONo 31._Gl_ 1lI!I- D- 0-. 0 Pondngo--. 0- 0"""".....__ 32d. _Gl".., ~'-Gl,*",I"""c:llyI_._) I ~ J 321. Dr....- '*'" (lIjlaofyJ ODlMlrIOpoqlor O~ 0_ M. ~.~ 33L c.-.C_..., awl 331>. Slpan n ltllo GI . ...,...~~~....GI_-__~"__n_ItIm231 ... 1b....ot""................OCICUII'Rd.....cauaI(aJ___.........____________ ____ ....__.. _.. _____ ___ ~ ... . --.n......,..~I_boIlJlllll"QlCi>g_n~.._Gl_1 33c.UcInoI ::..=~eo.:.:_.-_....-.-.-_n........._.,n-.------------------- 0 ~ YG>011 ~~L- 0 . "''].,5... 2A><>7 36. ""..-.._n"._In...___....-.......__n........_.)n_.1IIIod.. 0 ...~~:m-.m~~~c:;..~':-)'-l" /.1- 11-""3 .. ~ ~_No. LAST WILL AND TEST AMENT OF LOTTIE NY DIXON I, LOTTIE NY DIXON, of Monroe Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am the widow of George F. Dixon, Jr., and the children born of our marriage are GEORGE F. DIXON, ill, RICHARD E. DIXON, CHARLOTTE I. DIXON and MARSHALL L. DIXON. As used herein the term "my children" shall refer to the aforelisted children. 1. ROSE BALCONY. I give and bequeath all of my interest in the real property and the improvements situate thereon known as Rose Balcony, consisting of approximately four acres, containing both a main house and a guest house with addresses of 1571 and 1577 Boiling Springs Road, respectively, and the 11 acre unimproved lot contiguous thereto, said properties situate in Monroe Township, Cumberland County, Pennsylvania and being more particularly described in the Cumberland County Recorder of Deeds Office at Deed Book S, Volume 18, Page 69 and Deed Book T, Volume 28, Page 528, to my son, MARSHALL L. DIXON, ifhe survives me. Ifmy son, MARSHALL L. DIXON, does not survive me, this bequest shall lapse. Page 1 of 9 Pages 585506.1 2. ROSE BALCONY - TANGffiLE PERSONAL PROPERTY. I give and bequeath all of the household furniture and furnishings, books, pictures, china, crystal, appliances, silverware, wearing apparel and all other like articles of household or personal use or adornment located within the property known as Rose Balcony, said property more specifically described in ITEM 1 above, to my son, MARSHALL L. DIXON, ifhe survives me. Ifmy son, MARSHALL L. DIXON, does not survive me, this bequest shall lapse. 3. CO-OPERATNE APARTMENT NO. 20. I devise and bequeath my interest in the property known as Co-Operative Apartment No. 20 of La Coquina, Inc., situate at 1956 South Ocean Lane, Fort Lauderdale, Broward County, Florida, and all ofthe household furniture and furnishings, books, pictures, china, crystal, appliances, silverware, wearing apparel and all other like articles of household or personal use or adornment located therein, to my son, MARSHALL L. DIXON, ifhe survives me. Ifmy son, MARSHALL L. DIXON, does not survive me, this bequest shall lapse. 4. CO-OPERA TNE APARTMENT NO. 20. I devise and bequeath my interest in the property known as Co-Operative Apartment No. 22 of La Coquina, Inc., situate at 1956 South Ocean Lane, Fort Lauderdale, Broward County, Florida, and all of the household furniture and furnishings, books, pictures, china, crystal, appliances, silverware, wearing apparel and all other like articles of household or personal use or adornment located therein, to my daughter, CHARLOTTE 1. DIXON, if she survives me. If my daughter, CHARLOTTE 1. DIXON, does not survive me, this bequest shall lapse. Page 2 of 9 Pages 5. TANGffiLE PERSONAL PROPERTY. I give and bequeath all of my household furniture and furnishings, automobiles, boats, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel and all other like articles of household or personal use or adornment not disposed of in the prior Items of this Will to my children then living to be divided among them in equal shares. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. 6. LEGG-MASON ACCOUNT. I give and bequeath my Legg-Mason Account (No. 360-00713) to my son, MARSHALL L. DIXON, and my daughter, CHARLOTTE I. DIXON, as equal tenants in common, or, if one of them should not survive me, to the survivor of them. If neither my son, MARSHALL L. DIXON, nor my daughter, CHARLOTTE I. DIXON, should survive me, this bequest shall lapse. I intend this to be a bequest of only those securities and other assets, if any, which are held in such account at my death. 7. RESIDUE. I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), to the then Trustee of "The Lottie Ivy Dixon Revocable Trust" created by a trust agreement dated August 19, 1985, as amended, between me, as Settlor, and Dauphin Deposit Bank and Trust Company, as original Trustee, to be held, administered and disposed of in accordance with the terms of such trust as the same may be amended at my date of death. Page 3 of 9 Pages 8. SPENDTHRIFT PROVISION. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 9. SURVN AL PRESUMPTIONS. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. 10. FIDUCIARY POWERS. In the settlement of my estate and during the continuance of any trust created hereunder, my Executor shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates. Page 4 of 9 Pages (b) To vary investments, when deemed desirable by the Executor, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates, or as to which such Executor or its affiliate acts as investment advisor, as the Executor shall deem wise. (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions ofthe personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates oftheir division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate. Page 5 of 9 Pages (h) To vote any shares of stock which form a part of my estate and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate. (j) To assign to and hold in my estate an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all powers, authorities and discretions conferred hereunder. (0) To employ and compensate from income or principal, in the discretion of my Executor, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. Page 6 of 9 Pages (P) To manage and develop all or any part of any real property that may be owned by my estate, including but not limited to, the power to subdivide (including the dedication of parks, easements or streets, with or without consideration); to obtain the vacation of a plat or adjust boundaries; to submit property to a condominium project and do all acts necessary in connection therewith; to grant options to purchase or to lease; to construct buildings or to alter or remove buildings, and make such improvements to real property as my Executor determines to be appropriate (including improvements not situated directly on the particular real property); to grant easements or encumbrances of any kind, and to release any interest in the property; and to abandon or demolish any property including an interest in real property deemed by my Executor to be worthless or of insufficient value to keep or protect. 11. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date. 12. TAX CLAUSE. I direct that each beneficiary of my estate or of 'The Lottie Ivy Dixon Revocable Trust" referred to in ITEM 7 hereof shall pay the inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes") that are attributable to his or her distributive share of my estate or Trust; provided, however, if any property held in any testamentary or inter vivos trust created by my late husband, GEORGE F. DIXON, JR., is includable in my estate for purposes of any Death Tax, then any Death Tax attributable to the inclusion of any such property in my estate for the purposes of that Death Tax shall be paid out of such property or by the recipients of such property. If any Death Taxes are paid by my Executor, I Page 7 of 9 Pages direct my Executor to obtain reimbursement or contribution for any such taxes paid by my Executor. 13. EXECUTOR POWERS REGARDING BASIS ADmSTMENT. I hereby authorize my Executor in my Executor's sole and absolute discretion to allocate any adjustments to the income tax basis of assets of my estate to such assets as my Executor deems to be appropriate. I recognize that this power gives my Executor broad latitude which I wish my Executor to exercise while taking into account such factors as my Executor deems beneficial to all of the beneficiaries of my estate. My Executor shall not be liable for any loss to my estate or to any beneficiary of my estate resulting from such allocation made in good faith. 14. EXECUTOR APPOINTMENT. I hereby appoint my son, MARSHALL L. DIXON, as Executor ofthis Will. If for any reason Marshall L. Dixon should fail or cease to act, I appoint my son, GEORGE F. DIXON, III, as Executor. If for any reason George F. Dixon, III should fail or cease to act, I appoint my son, RICHARD E. DIXON, as Executor. All references in this Will to my "Executor" shall refer to my originally appointed Executor or to my successor Executor, as the case may be. Page 8 of 9 Pages 15 . WANER OF BOND. My Executor shall qualify and serve without the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding eight (8) pages, this --Puay of ,;J;~lp~r 2005. -P ..../ tir '2 ~. .' . ~(SEAL) Lottie Ivy DIX We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. EAL) Residing at: ~( 4~~ RL Residing at:~~ f) a.- ~-1* ~V-~ (SEAL) Page 9 of 9 Pages COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~ We, LOTTIE NY DIXON, ~.d!!. ~ ~tC- ~. the Testatrix and the Witnesses, respectively, whose names are signed to the foregoing instrument, SS: having been sworn, do hereby declare to the undersigned officer that the Testatrix, in the presence of the Witnesses, signed said instrument as her Last Will and Testament, that she signed voluntarily, that each of the witnesses, in the presence of the Testatrix and of each other, signed said Will as a witness and that to the best of the knowledge of each witness, the Testatrix was at the time of sound mind and under no constraint or undue influence. ~/?~ Subscribed and acknowledged before me by LOTTIE NY DIXON, the Testatrix, and SU~bed and sworn to before me by ~.eI. ~ and ~d/~~ ~r-,thewitnesses,on . ~dayof ~ 2005. ~~ '<:11uA/';~ ot Public y CommIssIon ExpIres: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal ":'vonne A. ,Durham, Notaty Public MyCityCommOf~, ,Dauphin County ISSlOn Expires Aug. 20, 2009 Member, Pennsylvania Association of Notaries