HomeMy WebLinkAbout01-24-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of WILLIAM E. CLIFFORD
also known as
File Number -.&J . O~ ' 0 q ~
, Deceased
Social Security Number 013-09-0216
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ~' or 'B' BELOW:)
III A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Corporate Executor & Contingent
last Will of the Decedent dated October 15,2003 and codicil(s) dated
Marie A. Clifford is unable to act because of advanced age and health.
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:
o B. Grant of Letters of Administration
(Jfapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
r.....:.
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following s~se (if any) a@1eirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~:;;; 0 =
";=Q C-
Name Relationshi Reside\lcaT C)
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
N
-.J
Decedent was domiciled at death in Cumberland
1001 Hillside Drive, Carlisle. PA 17013
(List street address, town/city, township, county, state, zip code)
County, Pennsylvania with his / her last principal residence at
Decedent, then 91
years of age, died on December 10, 2007
at Narberth, PA
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
$
$
$
$
1,800,000.00
~,~~O.G() 16
situated as follows: 1001 Hillside Drive, Carlisle, PA 17013 (Owned jointly with surviving spouse Marie A, Clifford)
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:
T ed or rinted name and residence
Jane E. Clifford
Jane F. Burke, Vice President, Manufacturers and Traders Trust Company (M&T Bank)
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY 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 /4 H] day of
~~
-j.
Signature of Personal Representative
File Number:
ex ( - () ~ - oCfl?
o
c
<l~ CJ
<~~: r-
'~...; ::>,
."_....,,i
c.:
--1
.,")
Estate of WILLIAM E. CLIFFORD , Deceased
"1'",
i-:-:'I
, ~~-)
1'''
.J.
-0
W
N
-.l
Social Security Number: 013-09-0216 Date of Death: December ro, 2007
AND NOW, , {).tJO ~ ' in consideration of the foregoing Petition, satisfactory proof
t Letters Testamentary
and that the instrument(s) dated October 15,2003
described in the Petition be admitted to probate and filed ofreco d as the last Will (and Codicil(s)) of Decedent.
. in the above estate
Attorney Signature:
~r: -
FEES
Letters
$ IO~(). (J)
. L/g ~tt?o
(5.00
UJ. ()f)
5,00
MaTtson Law Offices
Short Certificate(s) . . . . . . . . $
Renunciation(s) .......... $
~...$
jg~::~
... $
... $
... $
... $
... $
.. . $
TOTAL.............. $J 13S-mJO"
Attorney Name: Ivo V Otto III, Esquire
lL
Supreme Court J.D. No.: 1. ~'1 fol
-
Address:
Ten East High Street
Carlisle, PA 17013
Telephone:
717-243.3341
Form RW-02 rev. 10.13.06
Page 2 of2
U'0~,":0~ Q,,,"::V ((\1;'0'7\
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 13958094
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.
t?tptJ~ ~
/~/ i~ 10'1
Local Registrar
r-.--....)
(~
r.:...::::>
c::::j
Date Issued
c_
:-..:.:.~\...
f')
..[:--
L.i , ,
W
N
-..J
Hl05.143 REV 11/2006
TYPE I PRINT IN
PERMANENT
BlACK INK
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
(See Inatructlona and examplea on reverae)
If
Q
tg
~
<i.
~;~~~~ ~~~) diseas....:.
I Approximaltinltrval'
1 Onatlto Death
I
I
I
I
,
,
,
,
o
o
o
o
.
.
.
o
P /I I'uk4'1 IMtJ".
Due 10 (o.L. as a con.~~ Of)L .
b. ~ 5/J, rOT1 <1"
Cueto (or.. IP'COtlMqUlnce of):
{" "f ~u//?l JIH ,
s.n:~.~:t:.~~ a.
= UNDERLYING CAUSE
~=sr.~~~~~ltt3f."
Due 10 (or as a COllMq\l.nctof):
d.
306. Was an Autopsy
P.rformed?
3Qb.WlrtA..topsyFIlItingI
Availabl. Prior 10 Comp6elion
of Caus. 01 Dealh?
o V.s jifNo
31. Manner of Oealh
o NaIUfal 0 Homicide
o Accid.nl DpendingllWtlligation
o Suicide 0 Coull! Not be Determined
321. Oate of IrtUIY {Month, clay, ye.)
DVes )!fNO
32d.lirne 01 Injury
M.
Tw,
CilyfBoro
26. W.. Cue Ref.tfa~ Medical Examiner I COfonlll 'Of II Aeasoo O\he! than Cremetion or Oonalion?
DVes ~o
Pan II: Enter olhef Iionificlrll conltIions conlribulWlQ to death, 28, Did ToD<atco UH Conlribute 10 Death?
tMnol rniJliog in lh. undtriyingClUS' given in Part I. 0 Yes DProbably
/' 2f".. 0 Uokoown
A..frt~/ A '6,r:11af,~ 2911'_
-- ---- -- 0 NoIpregnlfltwllhil1pe&tyell'
7:)t'",,,,,,~ &4- 0 P~no"_cl"'''
DNoIpregoant,bulpregnantwithfn42days
o/dealh
o NoIprlgnanl,bulplllgl18fl143daysIo1yeal
befor.d81lh
o Unknown i1 p~nt will'lin 1I1e past yur
32c. ~iCe 01 inJury: Home. Film, Street. Factor,.,
Office Bulkling, ele. (Sp<<i1y)
32g. lOClliOn ol Injury (Street. city I lown, 511lte)
33a. Certilillr (ctlec/l. only lma)
Certifying phytlc/:an (PhyaiCian cellitylng cause of death wh.n another physician !\as pronounctd death and completed Item 23)
To the blat of my knowled9t,uatb OCC\lrred d\lelo Ihe caup(aland rl'llnneruttatecL _ _ _ _ _ __ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D .
Pronouncing end r:ertlfylng physidan (Physieill'l both pronouncing death and certifying 10 cause 01 death) 33c. UCil'lie r+..mber
!Z To ,he but of my know\H98, dtettl octi.lrrtld It the 111M, 6ete, .nd place. end dut to the clll1t(a) end manner.. atallcL - - - - - - - -... - - - -... - -"z .iJ (, J' J'
~ Medical Examiner I Coroner 1'11') (J V ~ I d i.-
~ On the be.is of.xaminatlon and J Of Inv.l1Igatlon, In my opinion, death occurred lithe time, ditt, and piece, end due 10 Ihe cauI&(I) and maMlr a. l"led_ D 34. Name and AddrllSS of Person Who Completed Cause at Daath (Item 27) Type { Print
~ 1,j,1 ql~1 tj,tJl ~Io;t( M~"J' :J.~I
o;.po.II" P"mil N,. 0 tP S 1 ~ 90 .
F:\FILES\DA T AFlLE\E'itate Planning\10590-h.win
LAST WILL AND TESTAMENT
I, WILLIAM E. CLIFFORD, of the Borough of Carlisle, Cumberland Coun~Yj
Pennsylvania, being of sound and disposing mind and memory, do hereby make, publiSh:~ decl~
-1-1 \~
this to be my Last Will and Testament, hereby revoking any and all former Wills or Codid~by tile
, . r,)
.[ .
! I:
; '0- )
, ,
made.
.".' "'_....~
'-:)
ITEM ONE
-"" : .)
I direct that all my legally enforceable debts, funeral expenses, testamentary e,'Xpinses a~ "
CJ:)
all inheritance taxes shall be paid to the extent possible from the assets held or passing under ITEM
FIVE hereof as soon as practicable after my decease and as part of the administration of my estate.
ITEM TWO
In the event my spouse shall predecease or fail to survive me by thirty (30) days, then I give
such items of personalty as are itemized in a certain list attached hereto to the persons named
thereon, which list is signed and dated by me at the end thereof.
ITEM THREE
If my spouse, MARIE A. CLIFFORD, is living thirty (30) days after my death, then I give,
devise and bequeath all of my estate, both real and personal property, unto my said spouse,
absolutely. If my said spouse does not so survive me, then I give, devise and bequeath all the rest,
residue and remainder of my estate, both real and personal property, unto my Trustee to be held or
distributed by such Trustee under ITEM FIVE hereof.
ITEM FOUR
In the event my said spouse shall disclaim all or any portion of any devise or bequest made
to my spouse under the foregoing ITEM THREE, then the amount otherwise payable shall be held
by my Trustee under ITEM FIVE hereof. For purposes of the Trust established under ITEM FIVE
hereof, my said spouse shall not be deemed to have predeceased me by virtue of my said spouse's
exercise of the right to disclaim set forth herein.
~J.r2c
[Initials]
Page 1 of? Pages
ITEM FIVE
RESIDUARY AND DISCLAIMER TRUST
My Trustee shall hold the assets received under ITEMS THREE and FOUR hereof, if any,
for the following purposes:
A. My Trustee shall pay the net income, at least quarter-annually, to my spouse, MARIE
A. CLIFFORD, for life. In addition, my Trustee in my Trustee's sole discretion, may invade the
principal of the Trust for the proper and adequate support of my said spouse.
B. My Trustee shall further pay to my said spouse, annually, such sum from the principal
of the Trust as my said spouse may request in writing, provided, however, that said sum may not
exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) ofthe aggregate value,
at the time of said request, of the principal of the Trust hereunder.
C. Upon the death of my said spouse, or upon my death ifmy spouse shall not survive
me by thirty (30) days, my Trustee shall distribute the principal ofthe Trust to my children, PAUL
H. CLIFFORD and JANE E. CLIFFORD, in equal shares, absolutely.
D. In the event that either of my said children shall fail to survive my spouse and me, but
shall leave issue surviving, then such deceased child's share shall be held by my Trustee and the net
income therefrom shall be used for the support, maintenance and education of the issue of such
deceased child. My Trustee shall use as much of the principal as it shall deem desirable for said
purposes. My Trustee shall distribute absolutely the principal of such share of such deceased child
to the issue of such deceased child per stirpes as each shall attain the age of twenty-five (25) years.
In the event that either of my said children shall fail to survive my spouse and me and not leave issue
surviving, then such deceased child's share shall be added to the shares of my other said child as if
originally a part thereof.
ITEM SIX
POWERS OF EXECUTORS AND TRUSTEES
In addition to the powers conferred by case law, by statute, and by other provisions hereof,
my Executors and Trustees and their successors, shall have the following discretionary powers
~r:!-c--
-
[Initials]
Page 2 of7 Pages
applicable to all property held by them which powers shall be effective without order of any court
and shall exist until final distribution.
A. To retain any property of any nature received by them for whatever period they shall
deem advisable;
B. To invest and reinvest all or any part of said property in such stocks, bonds, common
trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds,
common trust funds, securities, accounts or certificates of deposit of the Trustee) or other property,
real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the
property which a fiduciary may purchase;
C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash
or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration
of any trust herein, without liability on the purchasers or lessees to see to the application of the
proceeds, and to give options for these purchases without the obligation to repudiate them in favor
of a higher offer;
D. To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of any trust hereunder;
E. To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
F. To assume continuance ofthe status of any beneficiary with regard to death, marriage,
divorce, illness, incapacity and the like in the absence of information deemed reliable without
liability for disbursements made on such assumption;
G. To pay from the trust, or the income therefrom, all debts or claims against my estate,
or any taxes or similar charges on my estate;
H. To make any distribution hereunder either in kind or in money, or partially in kind
and partially in money. Distribution in kind shall be made at the market value of the property
distributed, and my Trustee, in my Trustee's absolute discretion, may cause the share distributed to
any distributee to be composed of property similar to or different from that distributed to any other
distributee;
~
[Initials]
Page 3 of? Pages
1. To exercise any subscription right in connection with any security held hereunder, to
consent to or participate in any recapitalization, reorganization, consolidation or merger of any
corporation, company or association, the securities of which may be held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generally to exercise all rights of investors;
1. To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of any trust hereunder;
K. To continue in any partnership, joint venture, joint ownership or other business
enterprise of which I am a part at the time of my death;
L. To compromise claims;
M. To continue for whatever period oftime as they shall deem necessary any ownership
as a tenant in common or as a partner, in real estate or other property and to act as I could have done
had I been living;
N. To lend money to my estate or to any trust created hereunder or to purchase from the
estate or from any trust created hereunder, at the market value thereof at the time of purchase, any
securities or other property tendered to them by my estate or any trust created hereunder at any time
and from time to time within a period of nine (9) months after my death;
O. In the event that any amounts are payable hereunder or under any trust created
hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated
to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the
opinion ofthe fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts
may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any ofthe following
ways as he, she or they may deem best:
1. Directly to such beneficiary;
2. To a legally appointed guardian of such beneficiary for the benefit of such
beneficiary;
3. To a person having custody of such beneficiary for the benefit of such
beneficiary;
~--f _
[Initials]
Page 4 of 7 Pages
4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of
such beneficiary.
Evidence of the application of payment of an amount in such a manner shall be a full and complete
discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This
paragraph shall be applicable to payments of income as well as principal.
P. To employ agents, attorneys and proxies and to delegate to them such power as my
personal representatives and Trustees consider desirable and to pay reasonable compensation for
such services as may be rendered by such agents, attorneys and proxies;
Q. To conduct an inventory of any safe deposit box necessary to the administration of
my estate.
R. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
ITEM SEVEN
PROTECTIVE PROVISIONS
All income or principal held for the use and benefit ofthe beneficiaries of any trust hereunder
shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor
shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts,
contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or
sequestrations under process of law.
ITEM EIGHT
APPOINTMENT OF EXECUTORS AND TRUSTEES
I nominate, constitute and appoint MANUFACTURERS AND TRADERS TRUST
COMPANY, a New York banking corporation, of Carlisle, Pennsylvania, and my spouse, MARIE
A. CLIFFORD, as Executors of my estate. In the event that my said spouse shall predecease me or
fail to act as Executrix, then I appoint my daughter, JANE E. CLIFFORD, to act in her stead. In the
event that both my spouse and my daughter shall predecease me or fail to act or continue to act as
Executors, then MANUFACTURERS AND TRADERS TRUST COMPANY, shall act as sole
Executor.
Page 5 of 7 Pages
l1ii -
I nominate, constitute and appoint MANUFACTURERS AND TRADERS TRUST
COMPANY, aNew York banking corporation, of Carlisle, Pennsylvania, and my spouse, MARIE
A. CLIFFORD, as Trustees of any trust created hereunder. In the event that my said spouse shall
predecease me or fail to act as Trustee, then I appoint my daughter, JANE E. CLIFFORD, to act in
her stead. In the event that both my spouse and my daughter shall predecease me or fail to act or
continue to act as Trustee, then MANUFACTURERS AND TRADERS TRUST COMPANY, shall
act as sole Trustee.
A majority of all income beneficiaries ofthe trust or trusts created under this Will may from
time to time remove any corporate trustee then acting for reasonable cause and substitute another
corporate trustee; provided, however, that such successor corporate trustee shall not be a related or
subordinate to anyone or more of the beneficiaries hereunder within the meaning of Internal
Revenue Code ~672( c) or successor provisions. When the removed corporate trustee has received
written notice of its removal and has been notified in writing by its successor corporate trustee of the
latter's acceptance, the removed corporate trustee shall surrender all books, records, and assets in
its possession comprising any portion of the trust or relating to the trust. In no event shall the
removed corporate trustee charge a "termination fee" based on a percentage of trust assets as a result
of such removal but shall be entitled only to charge such fee as fairly represents the cost of any
accounting required by the beneficiaries or successor corporate trustee as part of such removal and
substitution. The removed corporate trustee shall not be relieved ofliability until its successor has
qualified and the removed trustee's accounting, if applicable, has been settled or the beneficiaries
and successor corporate trustee have otherwise accepted an account stated in lieu of a formal
accounting. As used in this paragraph, the term "reasonable cause" includes, but is not limited to:
(1) poor investment performance, (2) the removal of all current income beneficiaries from the state
in which the corporate trustee is licensed to conduct business as a corporate trustee, (3) inattention
to the reasonable needs of the beneficiaries, (4) lack of communication between trustee and
beneficiaries, (5) inaccurate or unclear transaction statements or statements of account, (6) conflicts
between the corporate trustee and the beneficiaries, (7) merger, acquisition or deteriorating financial
condition of the corporate trustee, or (8) high turnover of account officers assigned to any trust under
this Will.
Page 6 00 Pages
~
[Initials]
ITEM NINE
WAIVER OF BOND
I direct that my Executors and Trustees, and their successors, shall not be required to file any
bond in any jurisdiction to secure the faithful performance oftheir duties, nor shall they be required
to obtain any order or approval of any court for the exercise of any power or discretion set forth in
this Will.
IN WITNESS WHEREOF I have hereunto set my hand and seal this /S'k.- day of
(f)dt:>bu--
,2003.
(SEAL)
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and
for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed
our am s rft\'esses thereto, in the presence of the Sai~.. ator and of each othe. r.
~ s ~;~ /1b7!f;
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We, William E. Clifford, Ivo V. Otto III, and ;::~tuC-L I ~ ,
the Testator and the witnesses, respectively, whose names are signed to the 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 that the Testator has signed willingly, and that the
Testator executed it as his free and voluntary act for the purposes therein expressed, and that each
ofthe witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that
to the best of his /her knowledge the Testator was at that time eighteen years of age or older, of sound
mind and under no constraint or undue influence.
Witness
M~~'_2 ~l
William E. Clifford, Testator
It:~ / d!1I6
Witness
Subscribed, sworn to and acknowledged before me bYVWilliam E. Clifford, the Testator, and
subscribed and sworn to before me by to)'. Otto III and ((.-:ft) rr CL L, O+fu ,
the witnesses, this I~ay of OC:::fz:, ,2003.
CORRINE ~~~:~:.:'6':;"y PUBLIC NO~l~ g.... "
CARLISLE BaRD. COUNTY OF CUMBERLAND
MY COMMISSION EXPIRES MAY 27, 2007
Page 7 of? Pages
-
RENUNCIATION
C)
So
~. -~~
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
,
-l---:
Estate of WILLIAM E. CLIFFORD
r~....)
.....-.:::;'",)
,:;:.::;.
CD
L
:;.:r:~
f'..)
'-0
':..J
..
N
-..l
, Deceased
I, MARIE A. CLIFFORD
(Print Name)
, in my capacity/relationship as
of the above Decedent, hereby renounce the right to
Co- Executor
administer the Estate of the Decedent and respectfully request that Letters be issued to
Jane E. Clifford Co-Executor A~ D
1./
, d-M e~;/ j)
~if~') 7r-
500 Penn Valley Road
(Street Address)
(Date)
Narberth, PA 19072
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
be~)" this ~ 4 'ftL!X1fj day
of nUnhJ , .
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation for the
purposes stated within on this day
of
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths Show date of expiration of Notary's Commission.)
FormRW-06 rev. 10.13.06