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HomeMy WebLinkAbout01-23-08 Estate of George J. Miller, Jr. Register of Wills of Cumberland County, Pennsylvania Estate of GeorQe J. Miller, Jr. also known as PETITION FOR GRANT OF LETTERS NO.? /-()f -0017 , Deceased Social Security No. 179123134 The ShippensburQ University Foundation, Inc. and Joel R. ZullinQer Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) [i] A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut ors Decedent, dated 5/25/2007 and codicil(s) dated no exceptions named in the Last Will of 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 documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated: o B. Grant of Letters of Administration (c.I.a., d.b.n.c.t.a.: pendente lite, durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the follow~ spouse (if any) and heirs: 0 c::, ~9 = Name Relationship (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 120 Wertzville Road, Enola, East Pennsboro Township, Cumberland County, Pennsylvania (list street, number and municipality) Decedent, then 90 years of age, died January 4 ,2008 ,at 2008 Lincoln St., Camp Hill, Pennsylvania (Location) Decedent at death owned property with estimated values as follows: (if domiciled in PAl All personal property......................................... $ (if not domiciled in PAl Personal property in Pennsylvania .................... $ (If not domiciled in PAl Personal property in County.............................. $ Value of real estate in Pennsylvania ........................................................................................ $ Total ..................................................................................................................... $ 1,000,000.00 1,000,000.00 2,000,000.00 Real Estate situated as follows: 119 Wertzville Road & 539 W. Cumberland Road, Enola, PA (Deed Book 20Z, Page 7); 2008 Lincoln Street, Enola, PA Continued on a Separate Page 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: Typed or printed name and residence The Shi RW-7 Continuation of Petition for Grant of Letters George J. Miller, Jr. Page 1 Real Estate in PA (Deed Book 21T, Page 7); 4305 Wertzville Road, Enola, PA (Deed Book 22P, Page 10); 120 Wertzville Road, Enola, PA (Ded Boook 31V, Page 9); Rye Township, Perry County, PA (Deed Book 160, Page 42); Rye Township, Perry County, PA (Deed Book 159, Page 178) r.'~..) o .:::::) c:;:::J ~ ~ " I ", I (") t--IJ N W ):1'> -Ii- 0:> r',,) 0-\ Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and affirm(s) that the statements 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 and truly administer the estate according 0 law. ~ Sworn to and affirmed an~ubscribed before me ttlis__ ~ day of niversity Foundation, Inc., by Crystal Miracle c..)~ I ~.-ifdd,7LA. .L Joe~. Zullinger . . () C:;o .j :::;':~ 1 ,-'("") . ~~ :::;; . ,'< (La.!..~a }r7 .:::::1 c-::; en ("~. :~ c'.::....... f'.) ( ...-. DECREE OF REGISTER CUMBERLAND COUNTY Social Security No: 179123134 Date of Death: 1/4/2008 AND NOW, January ,():~ 2008 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ~ Testamentary 0 of Administration Estate of George J. Miller. Jr. also known as \ " ", Deceased ;_~ 1 ~;: No OJ' -~'--1JDlq~ -~~J' .. . .:~ N cr are hereby granted to The Shippensburg University Foundation, Inc. and Joel R. Zullinger (c.I.a., d.b.n.c.t.; pendente lite; durante absentia; durante minoritate) in the above estate and that the instrument(s), if any, dated May 25, 2007 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .................................... $ Will 1,160.00 15.00 60.00 Short Certificate(s) ............... $ $ $ $ $ $ Inventory & Tax Forms............. $ Automation Other ...................................... $ Renunciation .......................... Affidavit ( )....................... )............ .. Extra Pages ( Codicil ................................. 10.00 JCP Fee ................................. 5.00 TOTAL .............................$ 1,250.00 RW-7A ~,n-t",~~.. ..J.t-~~ RegiSter of Wills _ ,;t ~l(f "~~K. ~J.~~-< _ ltomey G Attorney: Joel R. Zullinger, Esq. I.D. No: 17516 Address: 14 North Main Street, Suite 200 Chambersburg Telephone: 717-264-6029 DATE FILED: 1- B,3 -otr PA 17201 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 13991723 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 fo~manent filingJAN 0 7 Z008 thn, ftl ~~ / / Local Registrar Date Issued o '-:-~ 0 <l:l ~'_:~ ='._~? n ; .i ~~ F~~\ REV 1112006 , PRINT IN ~ANENT CK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on reverse) STATE FILE NUMBER 1. Name of Decedent (Rrsl, middle, last, suffix) 5. Age (Last Birthday) Pa 90 12, 1918 Harrisburg, Yrs. Bd. Facility Name (II not instilulion, give Slreel and number) Cumberland Camp Hill 2008 Lincoln st, Camp 11. Qecedenrs Usual Occ 00n Kind of wor1c: done dun most of wo' life. Do not stale retired Kind 01 Wor\< Kind 01 Business f Industry Administrator Pa state Gov't 12. Was Decedent ever in the U.S. Anned FOfCeS? XJYes DNo Decedent's Actual Residence 17a. Slate 13. Decedeors Education (Specify only highest grade completed) Elementary I Secondary (0-12) College (1-4 or 5+) 1 4 . 16. Decedent's Mailing Address (Street, city flown, slate, zip code) 120 Wertzville Rd. Enola Pa 17025 PF!nm'lylvi'lni i'I C'nmhprli'lnCl 17b. County 18. Father's Name (First, middle, last, suffix) 4. Date of Death (Monlh, day, year) 179 -12 3134 Jan 4 r...",:) :::::) C.':.-=' c;-:::i Ceo :1..... :z: 1') (..) )::,.. -".. --"" C?? N C' 2008 Residence OOther - Specify: 10. Aace:-Arnerican Indian, Black, White, etc. (Speciflj White Did Decedent Uve in a Township? 17c.1XI Yes, D'-ol U"d in East Pennsboro 17d. D No, Decedent Lived wtthin ActualUmrtsof City/Bom 22c. Name and Address of Facility 21c_ Place of Disposition (Name 01 cemetery, crematory or other place) Leola 21d Location (City I tawn, slate, zip code) Pa 14. Marital Slalus: Married. Never Married, Widowed, Divorced (SpecifYl Never Married Evans Cremation Service Twp. George J. Miller Sr. 19. Mother's Name (First, middle, maiden surname) Margaret E. Barnett 2Ob. Informanfs Malling Address (Streel. city' town, slate, zip code) 2008 Lincoln st., Camp Hill, Pa 17011 08 CAUSE OF DEATH (See Instructions and examples) Item 27. Pan I: Enter the ~ - diseases, injunes, or complicahons - thaI directly caused the death. DO NOT enter terminal events such as cardiac arrest, respiralory arrast, or ventricular fibrrllation without showing the etiology. List only one cause on each "ne. =~~~r.;~fn~~ ~~~ cf~~ ,;l'47f' ". ("d/I c:.;',. ",( c't,/1-1 d... Dueto(orasa c nceot): Sequentialtv ~sl cooditions, If any, t:~~o ~~D~~t~:b~~u~~ a. Due to (or as a consequence of) (disease or injury that initiated the events resuKing In death) LAST. Approximate Interval: Onset to Death Sullivan Funeral Home 24. Time of Death Due to (or as a consequence 01): ~. Was an Autopsy Perlormed? n. Were Autopsy Findings 31. Marner of Death Available Prior to Completion of Cause 01 Death? [J Natural 0 Homicide / 0 Accidenl 0 P,"ding l",estigal~O o Suicide 0 Could Not be Determined ! Dyes P No / Dyes DNo 32d. Time of Injury 2 b. License Number 26. Was Case Referred to Medical Examiner I Coroner IOf a Reason Other than Cremalion or Donation? 23c. Date Signed (Month, day, year) Dyes IXI No Part II: Enter other sianificant condibons conlrlhutino 10 death, but not resulting in the underlying cause given in Parl , M. 32f. lfTransportatioo Injury (Spec;fy) o Driver I Operator 0 Passenger DPedestrian Other. Specify: 33b. SignalureandT1lleofCertmer 329. Location 01 Injury (Street. city I town, slate) 33a. Certifier (check only one) Certifying physician (Physician certifying cause 01 death when another physician has pronounced death and compIeled lIem 231 To the belt of my knowledge, death occurred due to the cause(s) and manner as stat&d.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ~;~~u=~~:,a~~ =:r~~hJ::~~a:c~~=:~ :ht1~~:n:n~e;~c~~~:~~erot~hcea:~~a~~ manner as staled_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 :~::~=~~:~:=. and I or inwsligalion, in my opinIon, death occurred al the time, date, and place, and due 10 the cause(s) and manner as ,tated. 0 35. Registrar's Signature ~ 1.?-.J/IJ.1 /1 DispoSition Permit No. '/ 28. ~ ~ UseConlribute 10 Death? V ~s 0 Probably o No 0 Uokoown 29. If Female' o Not pregnant within past year o Pregnant at time 01 cleattl o Nol pregnant, but pregnanl within 42 days oldealh o Not pregnant, but pregnant 43 days to 1 year before death o Unknown if pregnant wilhill the past year 32c. Place ollnjury: Home, Farm, Street, Factory, OfflC8 Building, etc. (Specify) ( 701( ~ JRZ - 5.1 miller.geo May 24, 2007 .'<:1 = ':.:=:. = c__ )p z N W :r='" ~,. -"- ") en N 0' LAST WILL AND TESTAMENT I, George J. Miller, Jr., of East pennsboro Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby declare this to be my will, hereby revoking any and all former wills and codicils thereto by me heretofore made. I. I direct that all my just debts and funeral expenses, including all expenses of my last illness, shall be paid from my estate as soon as practicable after my decease as a part of the expense of the administration of my estate. II. I give the sum of $5,000.00 cash to Hospice of Central Pennsylvania, 98 South Enola Drive, Enola, Pennsylvania, to be used for general purposes. III. I give the sum of $5,000.00 cash to the Cumberland County Library System, 158 West High Street, Carlisle, Pennsylvania, to be used for the sole benefit of the East Pennsboro Branch Library, 98 South Enola Drive, Enola, Pennsylvania. IV. I wish to advise my executors that I have previously disposed of various items of household goods and furnishings. V. I give and devise my real estate situate in East Pennsboro Township containing approximately 15 acres, excluding the houses at 520 West Cumberland Road, 539 West Cumberland Road, and 119 Wertzville Road, and specifically excluding my home at 120 Wertzville Road, to the East Pennsboro Historical Society, Carlisle, Pennsylvania. It is my desire that the undeveloped land adjoining my home be maintained in its natural state. In addition I give the sum of $100,000.00 cash to the East Pennsboro Historical Society to be invested and the interest only to be used for the aforementioned real estate and home. I give and devise my property at 539 West Cumberland Road and 119 Wertzville Road, Lot No. I, to Central Penn College, Summerdale, Pennsylvania, with the stipulation that both properties be restricted to single family residential use. I give and devise 4305 Wertzville Road, Hampden Township to Shippensburg University Foundation, Inc. Page 2 VI. I give and devise the residue of my estate of every nature and wherever situate to The Shippensburg University Foundation, Inc., Shippensburg, Pennsylvania, trustee under the George J. Miller Irrevocable Charitable Remainder Trust dated November 5, 2002, to be added to said trust, subject, however, to the stipulation that my real estate at 2008 Lincoln Street, Camp Hill, Pennsylvania, shall not be sold, but shall be added to the trust to be subject to a life interest in LaRue Snyder, with the trust to provide repairs to the property, pay taxes, fire insurance and other expenses. Should LaRue Snyder no longer wish to or be able to reside at 2008 Lincoln Street, Camp Hill, Pennsylvania, the property may be sold by my trustee. VII. Any fiduciary under this will shall have the following powers in addition to those vested in them by law and by other provisions of my will applicable to all property, whether principal or income, including property held for minors, exercisable without Court approval and effective until actual distribution of all property: A. No fiduciary shall be required to execute any instrument appointing anyone to accept service of process or file inventories or accounts of any kind, except as ordered to do so by a Court of competent jurisdiction or as required Page 3 1 to do so under a state statute not providing for release of such requirements by a testator. Any beneficiary however will have the right at any time to request and receive a complete accounting of such mattes as are pertinent to that beneficiary. If there is no corporate fiduciary acting hereunder, my executor or trustee may designate a corporation, regardless of where organized or headquartered, with fiduciary powers to act as agent or custodian hereunder, may delegate to it such duties as may be appropriate, including investment recommendation duties, may pay to it reasonable compensation for its services, and may discharge it with or without cause. To retain any or all of the assets of my estate, real or personal, including stock of any corporate fiduciary, without regard to any principal of diversification or risk. D. To invest in all forms of property including stock, common trust funds and mortgage investment funds whether operated by my fiduciary or others, without restriction to investments authorized for Pennsylvania fiduciaries, as my fiduciary deems proper, without regard to any principal of diversification or risk. E. To sell 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 Page 4 B. c. leases, for such prices and upon such terms or conditions as my fiduciary deems proper. F. To allocate receipts and expenses to principal or income or partly to each as my fiduciary from time to time thinks proper in my fiduciary's sole discretion. G. To borrow from or to sell to my trustee even though such trustee may be my executor. H. To cause the title to any property held hereunder to stand in the name of a nominee or nominees. I. To repair, alter or improve any real or personal property; to borrow money including the right to borrow money from any fiduciary hereunder and to pledge, mortgage or create a security interest in any property held by my fiduciary as security thereof, and to make loans, secured or unsecured, for such purposes and upon such terms and conditions, as my fiduciary deems advisable including loans to my estate, with or without interest, for any purpose whatsoever, and to exercise options of any kind. J. To subscribe for or to exercise options for stocks, bonds or other investments; to join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to deposit securities thereunder; to vote securities in person or by proxy, in such connection to delegate discretionary powers; and generally to exercise all the rights of security holders Page 5 or employees of any corporation. K. To compromise, submit to arbitration or release any claim of my estate or any trust hereunder against others and to pay, compromise or submit to arbitration any claim of others against my estate or any trust hereunder. L. To exercise any law-given option to pay death taxes ln installments, the payment of interest due on such installments to be a charge against principal. M. To exercise any law-given option to treat administrative expenses either as income tax or as estate tax deductions, without regard to whether the expenses were paid from principal or income. N. To receive other property of any type acceptable to the trustee, including, but not in way of limitation, life insurance proceeds which may be devised, bequeathed, assigned, granted, conveyed or made payable to the trustee by any other person, to be added to and administered in accordance with the then-applicable provisions of the trust or trusts hereunder; provided, however, if more than one trust is then being administered hereunder, such other person may specify in the instrument of transfer among which trusts and in what proportions such property shall e allocated. O. To treat the entire trust estate as a common fund for the purpose of investment, notwithstanding any provisions herein for division thereof into shares or separate Page 6 trusts. P. Any trust beneficiary will have the right at any time to request of and receive from the trustee a complete written accounting of such matters pertaining to the administration of the trust as are pertinent to that beneficiary. In the trustee's discretion income tax returns of the trust may be used to satisfy such request. Q. In making distribution of my estate, my executor, and in making distribution of any trust, my trustee, is hereby granted the power to make non-prorata distribution of assets in kind. R. My trustee in addition to other powers granted shall have the authority to purchase life insurance on the lives of any or all beneficiaries of the trust. In addition, specific authority or power is granted to pay premiums on existing policies as well as those purchased after the creation of the trust even though said policies may not be owned by or payable to the trustee as beneficiary. Premiums may be paid from the income of the trust estate or, if necessary, from principal. S. Should the principal of any trust herein provided for be or become so small that in the trustee's discretion establishment or continuance of the trust is inadvisable, my trustee or my personal representative may make immediate distribution of the then-remaining principal and any accumulated or undistributed income outright to Page 7 the person or persons and in the proportions they are then entitled to. If any such person is then a minor, distribution may be made to that person's guardian, or to a person selected by the trustee to be custodian for such person until the age of twenty-one years under the Pennsylvania Uniform Gifts to Minors Act. T. To continue the operation of any business in which I may be interested or engaged at the time of my death, regardless of the form or organization of any such business, which business or an interest in which shall be received by my fiduciary. This authorization shall include the right to change the form of any such business by the reorganization or incorporation thereof, or the formation of a general or limited partnership with respect thereto, and shall also include the right to invest in any such business including the right to invest in any business the property of any trust hereunder for such periods of time and upon such terms and conditions as my fiduciary shall deem advisable. No fiduciary shall be liable for any loss resulting from continuing any such business, but my fiduciary may, in my fiduciary's discretion, sell, liquidate or otherwise discontinue any such business at such time or upon such terms and conditions as my fiduciary shall deem advisable. U. My fiduciary generally shall have full power and authority to exercise all rights and privileges Page 8 J v. appurtenant to any property held by my fiduciary, and to execute and deliver any and all instruments which may be necessary or expedient in the exercise of the powers granted herein. Any fiduciary is authorized to make distribution in any manner which my fiduciary deems to be in the best interest of a beneficiary including: 1. To such beneficiary directly including mailing to said beneficiary's last-known address or depositing to the beneficiary's bank account or to a bank account to be opened by said beneficiary; and 2. To an existing trust or fund thereof for the sole benefit of such beneficiary and providing no less a right to present enjoYment of income and principal that would be the case under the trust hereunder; and 3. Directly to third persons for the sole benefit of such beneficiary or such beneficiary's dependents. 4. The receipt for any distribution made in conformity with the above provisions will fully discharge trustee from any further liability for that distribution. 5. No fiduciary will exercise any discretionary authority to distribute principal or income for the benefit of any beneficiary to reimburse any governmental entity which may have incurred Page 9 expenses for the benefit of that beneficiary or pay any obligation of a beneficiary if that expense or obligation is otherwise payable by any governmental entity or pursuant to any governmental program of reimbursement or paYment. w. The situs of any trust created hereunder shall be in the County of Cumberland, State of Pennsylvania, and all questions pertaining to the construction or validity of the provisions of this instrument shall be governed by the laws of that state. Despite the foregoing the trustee may at any time and from time to time change the situs of any trust created hereunder as the trustee in trustee's sole discretion deems desirable for the benefit or security of this trust. The trustee may elect or decline to elect the law of a different jurisdiction and thereafter the Court of such other jurisdiction shall have the power to effectuate the purposes of this instrument to such extent. The trustee may change the situs of any trust created hereunder and may change the situs of one trust without changing the situs of other trusts created hereunder. This 1S a continuing power which will not be exhausted by its use. The determination of the trustee as to the change of situs shall be conclusive and binding on all persons interested or claiming to be interested in any trust hereunder. x. In any proceeding legal or equitable, formal or informal, Page 10 in Court or out of Court, in any jurisdiction concerning any property or personal rights or interest, whether vested or contingent, which arise hereunder, the interests of the following persons shall be represented as hereinafter provided for: 1. In the case of beneficiaries whose whereabouts cannot be ascertained, trustee or executor will represent them; 2. In the case of beneficiaries who are unborn, unknown, incompetent or otherwise subject to the appointment of a guardian and a guardian for such beneficiary has not been designated, the following persons in the order named will represent them: a. The oldest competent parent, or if there is no competent parent, the oldest competent grandparent, of such beneficiary; b. The oldest competent sibling; c. The oldest competent child or if there is no competent child, the oldest competent child of a sibling of such beneficiary; 3. Unborn beneficiaries will be represented by their parent who is related most closely to me. No person will represent a beneficiary if it could or would result in an increase of Federal or state income, gains, gift, death or other taxes. Page 11 " VIII. I direct that all taxes that may be assessed in consequence of my death of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. IX. I appoint The Shippensburg University Foundation, Inc., Shippensburg, Pennsylvania, and Joel R. Zullinger, Chambersburg, Pennsylvania, as co-executors of this my will. X. No bond shall be required of any fiduciary hereunder in any jurisdiction. IN WITNESS WHEREOF, I hereunto set my hand and seal to this my last will and testament, consisting of fourteen typewritten pages, the first eleven of which bear my signature in the margin for the _.;s:#- day of identification this of purpose ~ ,2~. Signed, sealed, ~ ~~~(SEAL) published aid declared by the above-named Page 12 testator as and for his last will and testament in our presence, who in his presence, at his request and in the presence of each other have hereunto set our hands as attesting witnesses. "''If (dr'~ a.-, ~~~/4... ,;;'1 /J. FrcUdbcJjf.C1J~J;J1~:J. PA the testator and the witnesses nd , We, George J. CluDI T GraJio-r,u, Miller, Jr. , whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last will and testament 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 said testator signed the will as witnesses and to the best of their knowledge said signer was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. h(}~ f Testator Page 13 . . Subscribed, sworn to and acknowledged before me by the above-named signer and subscribed and sworn to before me by the above-named w esses this ~day of ,2-0/ C. Notarial Seal Cham~~~s~u~a~er, Notary PUblic My Comm;ssio~ E~rp~~:SraMnk'in County ay 13, 2009 Page 14