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HomeMy WebLinkAbout03-18-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYL VANIA Estate of Mary E. Burdge also known as File Number '" a \ b~ \'\?JJS , Deceased Social Security Number 272-52-2709 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executors last Will of the Decedent dated January 31, 1995 and codicil(s) dated March 31, 1998 and March 7, 2003 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: decedent was a widow. Her late husband, Jeffrey J. Burdge, died on September 2, 1999. o B. Grant of Letters of Administration (lfapplicable. enter: c.t.a.: db.n.c.t.a.: pendente lite; 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: (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.) Name Relationship R":'~ c.: ~~ !i~ @ (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland 846 Kiehl Drive, Borough of Lemovne, P A 17043-1205 (List street address, town/city, township, county, state, zip code) County, Pennsylvania with his (her last principal r~idence at W ,... '. f" Decedent, then 91 years of age, died on March 14, 2008 at Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsy Ivania $ $ $ $ 5.000.00 275,000.00 situated as follows: residence located at 846 Kiehl Drive in the Borough of Lemoyne W erefore, 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 t undersigned: T ed or nnted name and residence ,. Randall D. Burdge, 5712 Greenwood, Shawnee, KS 66216 Manufacturers and Traders Trust Co., By: Sue H. Mauery, Vice President P.O. Box 2961, Harrisburg, PA 17105-2962 Form RW-02 rev. 10./3.06 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 beliefofPetitioner(s) and that, as personal representative(s) ofthe Decedent, Petitioner(s) will well and truly administer the estate according to law. Ig .,. Sworn to or affirmed and subscribed D. Burdge before me the day of Signature of Persona/Representative Manufacturers & Traders Trust Company By: Signature of Persona/Representative Sue H. Mauery, Vice President File Number: -'...-.. Estate of Mary E. Burdge , Decease'c\ Date of Death: March 14,2008 C~:.: Social Security Number: 272-52-2709 AND NOW, March 2008 , in consideration of the foregoing Petiti~ satisfacllii-y proof having been presented before me, IT IS DECREED that Letters Testamentary~',~ are hereby granted to Randall D. Burdge and Manufacturers and Traders Trust Companv, as Co-Executors ,....: in the above estate and that the instrument(s) dated January 31, 1995, March 31, 1998 and March 7, 2003 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES 310.00 Register of Wills 40.00 Attorney Signature: 15.00 Attorney Name: Robert R. Church, Esq. 15.00 Supreme Court l.D. No.: 40385 15.00 15.00 Address: Keefer Wood Allen & Rahal, LLP 210 Walnut Street, P.O. Box 11963 Harrisburg, P A 17108-1963 Telephone: (717) 255-8059 410.00 Letters ............... $ Short Certificate(s) . .1.Q . . . . $ Renunciation(s) .......... $ JCP/Automation $ Will $ Codicil #1 $ Codicil #2 $ $ $ $ ...$ $ TOT AL .............. $ Form RW-02 rev. /0./3.06 Page 2 of2 LAST WILL AND TESTAMENT OF MARY E. BURDGE I, MARY E. BURDGE, of the Borough of Lemoyne, Cumberl~nd County, Pennsylvania, do hereby make this my Last will and Testament, revoking any former wills and Codicils made bym~. FIRST: I give my tangible personal property and all " casual ty insurance that I am carrying on said tangible personal.- property to my husband, or, if he does not survive me, I give said property to such of my children who are living at my death to be divided equitably among or between them as they may determine, or, if they are unable to agree, as my Executor shall determine, after considering the wishes of such children. I have complete confidence that my husband, my children or my Executor will honor any written instructions that I may leave with regard to said tangible personal property. Any such property not so distributed shall be sold, and the proceeds added to my residuary estate to pass as hereafter described. SECOND: By that certain Trust Agreement of even date herewith and which was executed immediately prior to the execution of this Will, my husband and I established an irrevocable trust for the benefit of our son, Jeffrey David Burdge, known as the Jeffrey David Burdge Trust. If my husband ~ '/}., ,/ I' Cr:. l-,- 7\ /1 / " //, .. '. /,/ i, /'./ I " ." /1 y) .~ y;__ /.-- .. ~, i -'.../ ,: ( ? -1- ./ does not survive me, then, and in that event only, and further only to the extent that this legacy is not otherwise satisfied by the Trustee of my Revocable Trust Agreement described in Article THIRD below, I give to Dauphin Deposit Bank and Trust Company, as Trustee of the Jeffrey David Burdge Trust (or to any successor or substitute Trustee thereunder), a sufficient amount of cash and/or other property to increase the value of the principal of the Jeffrey David Burdge Trust, as of the date of my death, to Five Hundred Thousand Dollars ($500,000), with such cash or property to be added to the principal of such Trust and held, administered and distributed according to the terms of such Trust Agreement. My Executor may rely upon any statement provided by the Trustee of the Jeffrey David Burdge Trust concerning the value of such Trust upon the date of my death, without any duty to otherwise verify the same. THIRD: I give, devise and bequeath the rest, residue and remainder of my estate, real and personal, to the Trustee of that certain Revocable Trust Agreement, between myself, Mary E. Burdge, as Settlor, and Dauphin Deposit Bank and Trust Company, as Trustee, which Trust Agreement is of even date herewith and which was executed immediately prior to the execution of this Will. My Trustee shall add the property bequeathed and devised by this Article to the principal of such Trust and shall hold, JII/t'A;!/ (t I (, // 1 j {' . ~~/[lf;r.<l' /' '.~-' -2- administer and distribute such property in accordance with the provisions of such Trust Agreement, as amended by me from time to time before my death. FOURTH: In the event that the above bequest and devise is ineffective or invalid, for any reason, then I hereby give, devise and bequeath such undisposed property, up to the residue of my estate, to be held, administered and distributed in accordance with the provisions of the aforesaid Revocable Trust Agreement of even date herewith between myself, Mary E. Burdge, as Settlor, and Dauphin Deposit Bank and Trust Company, as Trustee, which Trust Agreement is hereby fully incorporated herein by this reference and made a part hereof, the same as if the entire Trust Agreement were set forth herein. In the event that this provision cannot be carried out, and no other disposition provided herein is effective to dispose of such property, then, and in that event only, I hereby give, devise and bequeath such undisposed property, up to the residue of my estate, to my husband, if living, otherwise to my children, in equal shares, with the share of any deceased child of mine to pass to his or her surviving issue, per stirpes and not per capita. FIFTH: If any share hereunder becomes distributable to a beneficiary who has not attained the age of thirty (30) years, /(' 1;//;.12, !",. // v' ,t;j,/,/ .)/;/'~'/ ~. I' _ ,.-or .' ./' /1 (/ -3- then such share shall immediately vest in such beneficiary, but notwithstanding the provisions herein, my Executor, acting as my Trustee, shall retain possession of such share in trust for such beneficiary until such beneficiary attains the age of thirty (30) years, using so much of the net income and principal of such share as my Trustee deems necessary to provide for the proper medical care, education, support and maintenance in reasonable comfort of such beneficiary, taking into consideration to the extent my Trustee deems advisable any other income or resources of such beneficiary or his or her parents known to my Trustee. Any income not so paid or applied shall be accumulated and added to principal. Such beneficiary's share shall be paid over and distributed to such beneficiary upon attaining the age of thirty (30) years, or if he or she shall sooner die, to his or her executors or administrators. I recommend that my Trustee consider distributing all income from such share to such beneficiary when such beneficiary attains the age of twenty-one (21) years. My Trustee shall have with respect to each share so retained all the powers and discretions conferred upon the Trustee of my aforementioned Revocable Trust Agreement of even date herewith. /', ///klt ( "'t /1 / / "/" '," ," I;. , // #' , j// /.'f./;! -t" , '" ~'/# i/ , -4- SIXTH: If any person should die within thirty (30) days of me, then such person shall be conclusively presumed to have predeceased me. SEVENTH: (1) I name my husband, Jeffrey J. Burdge, and Dauphin Deposit Bank and Trust Company as my Co-Executors. If my husband should fail to survive me, or if he is unable or unwilling to serve as a Co-Executor, then I name my son, Randall D. Burdge, as first alternate Co-Executor to serve with Dauphin Deposit Bank and Trust Company. If Randall D. Burdge shall be unable or unwilling to serve as an alternate Co- Executor, then my sons, Jeremy J. Burdge and Gavin F. Burdge, shall serve respectively as my second and third alternate Co- Executors. I direct that my Co-Executors, or their alternates, successors and substitutes, herein referred to as my Executor regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. (2) My Executor shall receive reasonable compensation for services rendered. EIGHTH: (1) I give to any Executor named in this will or any Codicil hereto or to any alternate, successor or substitute Executor all of the powers enumerated in this will and all of the powers applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular through the Pennsylvania Probate, ~?/Ji ,/; (, /./), .J/ A // { / c:7- ij ( \.,,/ ",// -5- Estates and Fiduciaries Code, as effective and as in effect on the date hereof, during the administration and until the completion of the distribution of my estate. I direct that all such powers shall be construed in the broadest possible manner and shall be exercisable without court authorization. (2) My Executor is authorized and empowered to acquire and to retain, either permanently or for such period of time as my Executor may determine, any assets, whether such assets are or are not of the character approved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one investment. (3) My Executor is authorized and empowered to dis- claim any interest, in whole or in part, of which I, or my Executor, may be the beneficiary, devisee, or legatee, by execut- ing an appropriate instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect). (4) My Executor is authorized and empowered to sell at public or private sale, or exchange, and to encumber or lease, for any period of time, any real or personal property and to give options to buy or lease any such property. Additionally, my Executor is authorized and empowered to compromise claims, to borrow from anyone (including a fiduciary hereunder) and to /~14J:fr // /1 L. ))~-{ [(It.... .~./ :/ , ., .,"". -6- / pledge property as security therefor, to make loans to and to buy property from anyone (including a fiduciary or beneficiary hereunder); provided that any such loans shall be adequately secured and at a fair interest rate. (5) My Executor is authorized and empowered to allo- cate property, charges on property, receipts and income among and between principal or income, or partly to each, without regard to any law defining principal and income. NINTH: (1) I have established several trusts during my lifetime, and may establish other trusts after executing this Will. Any death taxes attributable to any trusts established by me after the execution of this Will, or to any transfers made other than by this Will or by my aforementioned Revocable Trust Agreement of even date herewith, with Dauphin Deposit Bank and Trust Company as Trustee, shall be paid by the trustee of any such trust or by the donee or transferee of any such gift or transfer, unless my Executor shall, in its sole discretion, elect to pay such taxes as provided in (2) below. (2) All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property passing under the terms of my Will or my Revocable Trust Agreement and comprising my gross estate for death tax purposes, shall be paid ///';'(. / l /-, ,/'/ (",I y ./ ~/// i(.(1~_. / -7- out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimbursement. I authorize my Executor to pay all such taxes at such time or times as deemed advisable. All other such taxes shall be apportioned as provided by law and paid by the donees or transferees thereof unless my Executor, in its sole discretion, shall elect to pay such taxes from the residue of my estate. The decision of my Executor in this regard shall be binding upon all persons having an interest therein. (3) If my probate estate is insufficient to satisfy any taxes that are properly payable by my Executor, I have by my aforesaid Revocable Trust Agreement of even date herewith, with Dauphin Deposit Bank and Trust Company as Trustee, directed the Trustee to make available to my Executor from the trust estate sufficient funds with which to pay such taxes in full. TENTH: I am married to Jeffrey J. Burdge, and all references to my husband in this will are to him. I have four sons: Randall D. Burdge, Jeremy J. Burdge, Gavin F. Burdge, and Jeffrey David Burdge. However, any reference in this Will to "my children" and "their issue" shall not include my eldest son, Jeffrey David Burdge, nor his issue, for whom I have made other provisions. Therefore, three (3) of my children, Randall D. Burdge, Jeremy J. Burdge, and Gavin F. Burdge, are described in Mi. J {,' /\ ,/ {ry '/ ./ / ~ /// i /L tJ r' ,/// -8- this will as "my children," or as "a child of mine." Any person born to a child of mine is described in this Will as "issue." No adopted person nor stepchild shall be included in the term "issue." IN WITNESS WHEREOF, I have set my hand and seal on this my ..~ / < Last Will and Testament thisJ day of , 199~. . /)' /. / "'./ /(; , /( M /I((l/0.,~ Cr /v!L(>1~2/"?<- MAR ,Y' BURDGE C/ (SEAL) SIGNED, SEALED, PUBLISHED, and DECLARED by MARY E. BURDGE, as and for her Last will and Testament, on the day and year last above written, in the presence of us, who, at her request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: ))~, ~ , / ) J l' 6;:t-~./!,-. /-', (_W'~1~r,? ~ f7 '?1- I' -~ II " t/ l . ,,:; J{";-Cle ,). ) . y, - fj '1n~fu1 cl ~ -9- SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF DAUPHIN WE, MARY E. BURDGE, and Robert R. Church Joyce A. Snyder , and Margaret L. Wolf , the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last will and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the will as witness and to the best of his or her knowledge the Testatrix was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. /~/2 2 t, t!,1 //(;((;yi,/( ~y / ?IB7;?L::t:iX Wltness /--.-j "..~ :" \. ~lr rt ,;1 ~ / I J/l~( -td r /'\ .../ Wi&ness ~ - /" i/ w2!~~~ J. u1 Subscribed, sworn to, and acknowledged before me by MARY E. BURDGE, the Testatrix, and subscribed and sworn to before me by Robert R. Church Joyce A. Snyder , and Margaret L. Wolf , witnesses, this 31M. day of ~.A"o- , 199~. K~(' JLlj' W Notary blic 4 -10- NnT/\r;:/\L SF./'l. KATHn\'i\~ C,' HCLur"\lGEn, 1",;::L~rJ' Public H::J~.l LJ,lup1i!l C.CU!:~y ~. 1995 M SOLE CODICIL OF MARY E. BURDGE I, MARY E. BURDGE, ofthe Borough of Lemoyne, Cumberland County, Pennsylvania, do hereby declare this to be the Sole Codicil to my Last Will and Testament, dated January 31, 1995: 1. I hereby amend Article SECOND of my Last Will and Testament, dated January 31, 1995, by revoking all of Article SECOND thereof and substituting in its place the following: SECOND: By that certain Trust Agreement dated January 31, 1995, between Jeffrey J. Burdge and Mary Elizabeth Burdge, as Settlors, and Dauphin Deposit Bank and Trust Company, as Trustee, my husband and I established an irrevocable trust, known as the Jeffrey David Burdge Trust, for the benefit of our son, Jeffrey David Burdge. Ifmy husband does not survive me, then, and in that event only, and further only to the extent that this legacy is not otherwise satisfied by the Trustee of my Revocable Trust Agreement dated January 31, 1995 with Dauphin Deposit Bank and Trust Company, as Trustee, I hereby give to Dauphin Deposit Bank and Trust Company, as Trustee ofthe Jeffrey David Burdge Trust, under Trust Agreement dated January 31,1995 (or to any successor or substitute Trustee thereunder), a sufficient amount of cash and/or other property to increase the value of the principal of the Jeffrey David Burdge Trust, as ofthe date of my death, to One Million Dollars ($1,000,000), with such cash or property to be added to the principal of such Trust and held, administered and distributed according to the terms of said Trust Agreement. My Executor may rely upon any statement provided by the Trustee of the Jeffrey David Burdge Trust concerning the value of such Trust upon the date of my death, without any duty to otherwise verifY the same. 2. In all other respects, I hereby ratifY, confirm and republish the provisions of my i..~>,) ('\., aforesaid Last Will and Testament, dated January 31, 1995, together with this Sole Codicil, as and for my Last Will and Testament. IN WITNESS WHEREOF, I have set my hand and seal on this my Sole Codicil to my Last Will and Testament, dated January 31,1995, this.iL day of /l1~~ \ ,1998. SIGNED, SEALED, PUBLISHED, and DECLARED by MARY E. BURDGE, as and for the Sole Codicil to her Last Will and Testament, dated January 31, 1995, on the day and year last above written, in the presence of us, who, at her request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: 4!;a: ~ ~ MAR . BURDGE ____________~/ _ Lv. V'-./' ~ ....----- ~a.)T ~<m. Vftr SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND WE, MARY E. BURDGE, and Shawn W. Weis Michele A. Singer , and Nicole M. Krepps , the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Sole Codicil to her Last Will and Testament dated January 31, 1995, and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Sole Codicil as witness and to the best of his or her knowledge the Testatrix was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. 7Il~ c! ~ MARY . URDGE, Testatn ~ Lv 0---" ~ Witness ~ /l)r Wi~~. *or- Subscribed, sworn to, and acknowledged before me by MARY E. BURDGE, the Testatrix, and subscribed and sworn to before me by Shawn W. Weis Michele A. Singer , and Nicole M. Krepps , witnesses, this 31st day of March ,1998. ~CJ-~ Notarial S e I Cynfhia.) R . . a Camp Hill ijeiro ubeu~gta? PUblic My Commission 'Expire 8Jr and County . san. 24. 2000 SECOND CODICIL OF MARY E. BURDGE I, MARY E. BURDGE, of the Borough of Lemoyne, Cumberland County, Pennsylvania, do hereby declare this to be the Second Codicil to my Last WiIl-anp ,~ Testament, dated January 31, 1995: r ,;;. 1. I hereby revoke Article SECOND of my Last Will and Testament, dated':" January 31, 1995, and also revoke all of my Sole Codicil thereto, dated March 31, 1998. As a result of the death of my son Jeffrey D. Burdge on February 16, 2003, I hereby revoke all legacies provided in my previous estate planning documents for my son Jeffrey D. Burdge, including any and all legacies to the Jeffrey David Burdge Trust, which my husband and I established by that certain irrevocable Trust Agreement dated January 31, 1995. 2. In all other respects, I hereby ratify, confirm and republish the provisions of my aforesaid Last Will and Testament, dated January 31, 1995, together with this Second Codicil, as and for my Last Will and Testament. IN WITNESS WHEREOF, I have set my hand and seal on this Second Codicil to my Last Will and Testament, dated January 31,1995, done on this 7.,4 day of March, 2003. SIGNED, SEALED, PUBLISHED and DECLARED by MARY E. BURDGE, as and for the Second Codicil to her Last Will and Testament, dated January 31,1995, on the day and year last above written, in the presence of us, who, at her request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: "'.11---1. 41"''' ... MARY E. BURDGE SELF PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. ,We, MARY E. BURDGE, and ...wL, \<~.^-? C Ill,' \o.~ , /-~ lS~/q ).. Sr"\c4-1-,,- , and , the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Second Codicil to her Last Will and Testament dated January 31, 1995, and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Second Codicil as witness and to the best of his or her knowledge the Testatrix was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. \I f\ ".. C MARY E. BURDGE, Testatrix '$ Witness Subscribed, sworn to, and acknowledged before me by M1RY ~. B~o.~E, the T eslatrix, and subscribed f.nd sworn to before me by I ~ ,,+ J\ : (/;,. : c/ '- /Jf\S (!/q, j. :;rl\.+f'--. , and ...... ' witnesses, this '::2 T "'(jay of March, 2003. > . I (j/.. / /.,/ 1< ltt;;'f1"t~~,.~ Notary Public / NOTARIAL SEAL PAMELA S WOLFE, Notary Public City of Harnsburg. Dauphin County Mv Commission Expires bee 22. 2003