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HomeMy WebLinkAbout05-14-08 DECEDENT'S ESTATE $:.2.2);, q ~1 . (n (") S;o '";~o ,,,.r- <-~. In "- :::0 cjjx J3~ - ::0 'o-l , DECEASED,_,. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF CHARLES E. PAXTON No. 21-07-417 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.c. Rule 6.9 ...."J Thisform may be used in all cases involving the Audit of the Account of a Decedent's Estate. If space is insufficient, riders may be attached. Attach the spouse's election, if any; the papers required under items 8-19 inclusive; and any instrument pertinent to the acijudication. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Wayne F. Shade, Esquire Supreme Court I.D. No.: 15712 Name of Law Firm: Address: 53 West Pomfret Street, Carlisle, PA 17013 Telephone: 717-243-0220 Fax: 717-249-0017 Form OC-O I reI', 10. 13. 06 Page 1 of 10 ....., C'::) = ex;) ::x :0- -< FR ("") o :rJ C::J '-';'1 o C) 91 :<J C) 1'__ '-n (/) <--) -';'1 .::- -0 ==.: .r:- Estate of CHARLES E. PAXTON , Deceased 1. Name(s) and address(es) ofPetitioner(s): Name: Ricky L. Paxton Address: 401 Heiser's Lane Carlisle,PA 17015 Identify any executors or administrators who have not joined in the Petition for Adjudication and Statement of Proposed Distribution and state reason: Is this the first accounting by this fiduciary? . . . . . . . . . . . . . . . . . . . . . III Yes 0 No Ifnot, identifY prior accountings, the accounting periods covered, and the date of adjudication of the prior accounting. 2. Decedent died on April 14, 2007 o Letters Testamentary or III Letters of Administration were granted to Petitioner(s) on Mav 18. 2007 Date of Will (if applicable): December 7 1982 , Date(s) ofCodicil(s) (if applicable): Date of probate (if different from date Letters granted): Was a bond required? DYes III No If yes, state amount: Are proofs of advertising of the grant of Letters attached? ......... III Yes 0 No Dates of advertising of the grant of Letters: Cumberland Law Journal on June 8, 15 and 22, 2007; The Sentinel on June 6, 13 and 20, 2007 Form OC -0 I rev. 10. 13. 06 Page 2 of 10 Estate of CHARLES E. PAXTON , Deceased 3. Was decedent survived by a spouse? . . . . . . . . . . . . . . . . . . . . . . . . . . . .. DYes IZl No I f yes, name ofthe surviving spouse: 4. Has the surviving spouse filed to take an elective share? ............. DYes D No (See Section 2201 et~. of the Probate, Estates and Fiduciaries Code) I f yes, date of election: 5. In the case of an intestacy, state the names of the decedent's surviving children or surviving issue of deceased children (if none, so state): 6. Did decedent marry after execution of Will or Codicil(s)? . . . . . . . . . .. D Yes IZl No Were any children born to decedent after execution of Will or Codicil(s)? .. ... .. . . . .. ... . ... . ... . .. .. .. . .. .. . . " '" . DYes IZl No If yes, give names and dates of birth: Name: Date of Birth: 7. If required by the Medical Assistance Estate Recovery Act, 62 P.S. S 1412, was a request for a statement of claim sent to the Department of Public Welfare? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. IZlYes D No Form OC-OI rev. 10.13.06 Page 3 of 10 Estate of CHARLES E. PAXTON , Deceased 8. Written notice of the Audit as required by Pa. O.c. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 9 below, all unpaid creditors and all claimants listed in item 10 below. In addition, notice of any questions requiring Adjudication as discussed in item 14 below has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy ofthe Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such notice has been given. C. Ifany person entitled to Notice is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.c. Rule 5.2. D. Ifany charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.c. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewith or at the Audit. 9. List all parties (charitable and non-charitable) of whom Petitioner(s) haslhave notice or knowledge, having or claiming any interest in the estate as beneficiaries under the Will or Codicil(s) or as intestate heirs ifthere is a complete or partial intestacy: A. State each party's relationship to the decedent and the nature of each party's interest(s): Name and Address of Each Partv in Interest Relationshiv and Comments. if anv Interest Robert L. Paxton 916 Colver Street Muscatine, IA 52761 Brother One-half Dallas J. Paxton 700 Walnut Bottom Road Carlisle, PA 17013 Brother One-half Form OC-Ol rev. 10.13.06 Page 4 of 10 Estate of CHARLES E. PAXTON , Deceased Name and Address of Each Partv in Interest Relationshio and Comments, if anv Interest B. IdentifY each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. Ifno Guardian has been appointed, identifY the next of kin of such party, giving the name, address and relationship of each. C. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit ($ee Pa. o.C. Rule 12.4). D. Ifdistribution is to be made to the personal representative ofa deceased party, state date of death, date and place of grant of Letters and type of Letters granted. Form OC-OI rev. 10.13.06 Page 5 of 10 Estate of CHARLES E. PAXTON , Deceased ] O. Other than the claim for the family exemption, list the names of all known claimants and the amount of their claims and state whether each claim is admitted. Name and Address of Each Claimant Amount of Claim Claim Will Claim Admitted? Be Paid In Full? DYes DYes DNo DNo DYes DYes DNo DNo DYes DYes DNo DNo DYes DYes DNo DNo ]fthe estate is insolvent, attach a schedule setting forth the order of preference under 20 Pa.C.S. ~ 3392 and the proposed payments. 11. Was family exemption claimed? ....................... ......... DYes IZlNo DNo Was family exemption allowed? ............ .................... DYes Family exemption claimant's name and relationship: l\'ame: Relationship: Form OC-O I rev. 10./3. 06 Page 6 of ] 0 Estate of CHARLES E. PAXTON , Deceased 12. The amount of Pennsylvania Transfer Inheritance Tax and additional Pennsylvania Estate Tax paid, the date(s) ofpayment(s), and the interest(s) upon which paid, are as follows: Date Payment Interest June 27, 2007 24,000.00 Sibling November 29, 2007 2,884.36 Sibling 13. On the date of death, was the decedent a fiduciary (personal representative, trustee, guardian, agent under power of attorney) or surety on the bond of a fiduciary? . . . . . . . . . . . . . . . . . . . 0 Yes IZI No If yes, provide the name of the estate, indicate whether an account has been filed and confirmed absolutely and all awards performed, or, in the alternative, how the decedent's estate will be discharged for the decedent's fiduciary administration of the estate. 14. A. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: B. Has notice of the question requiring adjudication been given to the parties identified in Paragraph 9 above? .................. 0 Yes 0 No 15. If Petitioner(s) has/have knowledge that a share has been assigned, renounced, disclaimed or attached, provide a copy of the assignment, renunciation, disclaimer or attachment, together with any relevant supporting documentation. Form OC -0[ rev. 10.13. 06 Page 7 of 10 Estate of CHARLES E. PAXTON , Deceased 16. Had the decedent been adjudicated an incapacitated person? . . . . . . . . . . DYes IZI No If yes, attach a copy of the Order if available; otherwise state the Court, term, number, date, and name of Hearing Judge. 17. A. List or attach a separate list of additional receipts and disbursements since the closing date of the Account. B. Has notice of the additional receipts and disbursements been given to the parties identified in Paragraph 9 above? ............. DYes D No 18. I f a reserve is requested, state amount and purpose. Amount: 450.00 Purpose: Filing of Account If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ........................................ DYes DNo 1 f so, attach a copy of the notice. 19. Is the Court being asked to direct the filing ofa Schedule of Distribution? ......................... . IZIYes DNo As to real estate only? ........................................ DYes IZI No Form OC-O I rev. 10.13. 06 Page 8 of ] 0 Estate of CHARLES E. PAXTON , Deceased Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Amount/Proportion Robert L. Paxton One-half Dallas J. Paxton One-half B. Principal: Proposed Distributee(s) Amount/Proportion Robert L. Paxton One-half Dallas J. Paxton One-half Submitted By: (All petitioners must sign. Add additional lines ifnecessary): ~~~ ~ or"PetitionebRicky L. Paxton . Name of Petitioner: Form OC-O I rev. 10.13. 06 Page 9 of 10 Estate of CHARLES E. PAXTON , Deceased Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he/she IS title of the above-named name of corporation and] that the facts set forth in the foregoing Petition for Adjudication / Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 (relating to unsworn falsification to authorities). * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. 0/r ,EUA. Signatu of Counsel for PetItIoner Form OC-OI rev. 10. /3.06 Page 10 of 10 ~/ ,/ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tune 6, 13 & 20, 2007 COPY OF NOTICE OF PUBLICATION ADMINISTRATOR'S NOTICE Letters of Administration on the Estate of CHARLES E PAXTON, late of Camp Hill, Cumberland County . P~nnsYlvanla, DeceaSed, have been granted to ' RICky L. Paxton. All persons knowing themselves to be indebted to said Es~te Sh~II make payment immediately, and Ihose haVing claIms will present Ihem tor settlement to: Ricky L. Paxton 401 Heiser's Lane Car/isle, PA 17015 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Attomey Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of :I:n~b Sworn to and subscribed before me this 30th, day of Tune, 2007. ~NL'~ W~ Notary Pu c My commission expires: q /1 !Of COMMONWEALTH OF PENNSYLVANIA NotaIiaI Seal Christina L. Wolfe. Notary ~ Callisle 80m, ~ 1 2008 I eornmtssiOO ExpifeS ........ . My . II Of Notanef. Member. Pennsvlvanlfl A&SOClB on PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: June 8, June 15 and June 22, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Paxton, Charles E., dee'd. Late of Camp Hill, Administrator: Ricky L. Paxton, 401 Heiser's Lane. Carlisle, PA 17015. Attorney: Wayne F. Shade, Es- quire, 53 West Pomfret Street, Carlisle, PAl 70 13. 2~ iJ_ SWORN TO AND SUBSCRIBED before me this 22 day of June. 2007 Q-Wb4dP d.~ Notary / NOTARIAL SEAl. DEBORAH A COlLINS Notary PUblIc CARLISLE BORo, CUMaERtANo COUNlv My COtnmIaIIon Expjr., API 21.2010 WAYNE F. SHADE Attorney at Law 53 West Porn fret Street Carlisle, Pennsylvania 17013 IN RE: EST A TE OF CHARLES E. PAXTON, Deceased, Late of the Township of East Pennsboro, Cumberland County, Pennsylvania : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : NO. 21-07-417 NOTICE OF FILING ACCOUNT AND STATEMENT OF PROPOSED DISTRIBUTION NOTICE is hereby given that the First and Final Account of Ricky L. Paxton, Administrator of the Estate of Charles E. Paxton, Deceased, and a Statement of Proposed Distribution ofthe balance of the assets of said Estate will be filed in the Office of the Register of Wills of Cumberland County, Pennsylvania, on or before May 16,2008, and that the same will be called for confirmation on June 17,2008, at 9:30 A.M. in the designated courtroom on the fourth floor of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear, either in person or by counsel. Copies of said First and Final Account and Statement of Proposed Distribution are enclosed herewith, and the originals as filed may be inspected in the Office of the Register of Wills of Cumberland County, Pennsylvania, at anytime prior to their presentation for confirmation. Unless objections to said First and Final Account or Statement of Proposed Distribution, or both, are filed in writing not later than 9:00 A.M. (prevailing time) of the date fixed for confirmation thereof unless otherwise permitted by the Court prior to confirmation, said First and Final Account will be confirmed; and distribution will be ordered according to the enclosed Statement of Proposed Distribution. If you have no objections to the enclosed, you do not need to appear in court at the time of confirmation. Date: May 5, 2008 <</~~~ Wayne . Shade Attorney for Accountant NOTICE TO: Robert L. Paxton 916 Colver Street Muscatine, Iowa 52761-4505 Dallas J. Paxton Forest Park Health Center 700 Walnut Bottom Road Carlisle, Pennsylvania 17013 . ---. . _. _.~ 4;;\;'10 'I (" I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION FILE NO. 21-07-417 FIRST AND FINAL ACCOUNT OF RICKY L. P AXTON, ADMINISTRATOR, c.t.a. For ESTATE OF CHARLES E. PAXTON, DECEASED Social Security #: Tax ID #: Date of Death: Date of Incapacity, if any: Date of Appointment: Date of First Complete Advertisement: Accounting for the period: () r- >;;;0 ',~;O 182-22-84831,1:2 0 :~') ~ r- 20-7454394 '~~q:j . "'(f)~ Apnll4,20fr7oQ None ' :~:g"l ~ -' :0. May 18, 20Q~--1 June 6, 2007 May 18, 2007 to April 25, 2008 Purpose of Account: The Administrator c.t.a. offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, Pennsylvania 17013 717-243-0220 Supreme Court l.D. No. 15712 ,...., = = co ::lIC :Po -< +:"" -0 :J:. J::'" -.l SUMMARY OF ACCOUNT PRINCIP AL Receipts Less Disbursements: Debts of Decedent Funeral Expenses Administration Expenses Family Exemption Federal, State & Local Taxes Fees and Commissions Balance before Distributions Distributions to Beneficiaries Principal Balance Remaining INCOME Receipts Less Disbursements Income Balance Remaining COMBINED BALANCE REMAINING Verification PAGES 3 3 3 4 $8,368.89 7,825.53 626.62 4 4 4 26,884.36 15.470.00 5 5 5 $2,460.65 324.00 6 -2- $257,245.52 (59.175.40) $198,070.12 (120.000.00) $78,070.12 2.136.65 $80.206.77 . 6/26/07 7/ 5/07 7/13/07 9/25/07 10/ 1/07 4/ 7/08 4/11/08 PRINCIPAL RECEIPTS Fulton Financial Advisors, Account #21-F021-01-4 Fulton Financial Advisors, Account #21- F021-0 1-4 West Shore Health & Rehab Center, balance of patient account Pennsylvania Department of Revenue, unclaimed property United States Treasury, burial award Pennsylvania Department of Revenue, inheritance tax refund Pennsylvania Department of Revenue, income tax refund TOTAL PRINCIPAL RECEIPTS PRINCIPAL DISBURSEMENTS DEBTS OF DECEDENT 6/27/07 Good Samaritan Hospital, medical services 9/ 4/07 1/24/08 PharMerica, unreimbursed pharmaceuticals West Shore Anesthesia, unreimbursed medical expense TOTAL DEBTS OF DECEDENT FUNERAL EXPENSES 7/10/07 Ronan Funeral Home, funeral expense TOT AL FUNERAL EXPENSES -3- $253,843.29 821. 72 68.17 509.18 600.00 1,263.16 140.00 $257,245.52 $6,783.00 520.89 1 ,065 .00 $8,368.89 $7.825.53 $7,825.53 ADMINISTRATION EXPENSES 6/27/07 Wayne F. Shade, reimbursement for Register of Wills, probate Cumberland Law Journal, advertise Letters of Administration Shirley W. Ahlers, oath of subscribing witness fee . 7!1 0/07 9/ 6/07 11/20/07 $353.00 60.00 25.00 The Sentinel, advertise Letters of Administration Cumberland Law Journal, additional advertising fee Register of Wills, file inheritance tax return TOTAL ADMINISTRATION EXPENSES FEDERAL, STATE AND LOCAL TAXES 6/27/07 Register of Wills, estimated inheritance tax 11129/07 Register of Wills, inheritance tax TOT AL FEDERAL, STATE AND LOCAL TAXES FEES AND COMMISSION 3/13/08 Smith Elliott Kearns & Company, preparation of income tax return 4/ 7/08 4/ 7/08 4/25/08 4/25/08 Ricky L. Paxton, administrator's fees Wayne F. Shade, attorney fees Wayne F. Shade, attorney fees Register of Wills, reserve for filing Account, etc. TOTAL FEES AND COMMISSION TOTAL PRINCIPAL DISBURSEMENTS -4- $438.00 158.62 15.00 15.00 $626.62 $24,000.00 2,884.36 $26,884.36 $20.00 7,500.00 500.00 7,000.00 450.00 $15,470.00 $59,175.40 . DISTRIBUTIONS 6/27/07 Dallas J. Paxton $60,000.00 6/27/07 Robert L. Paxton 60.000.00 TOTAL DISTRIBUTIONS $120,000.00 INCOME RECEIPTS 4/25/08 Orrstown Bank, interest $2.460.65 TOTAL INCOME RECEIPTS $2,460.65 INCOME DISBURSEMENTS 4/ 7/08 Internal Revenue Service, fiduciary income tax $12.00 4/ 7/08 Pennsylvania Department of Revenue, fiduciary income tax 312.00 TOTAL INCOME DISBURSEMENTS $324.00 -5- - . VERIFICATION RICKY L. PAXTON, Administrator of the Will of Charles E. Paxton, Deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his office; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that, to his knowledge, there are no claims outstanding against the Estate; that all taxes presently due from the Estate have been paid; and that the grant of Letters of Administration and the first complete advertisement thereof occurred more than four months before the filing of the foregoing First and Final Account. This statement is made subject to penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Date: May 5, 2008 -6- - IN RE: ESTATE OF CHARLES E. PAXTON, Deceased, Late of the Township of East Pennsboro, Cumberland County, Pennsylvania : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-07-417 STATEMENT OF PROPOSED DISTRIBUTION The Administrator proposes to distribute the entire balance of the Estate for distribution under the provisions ofltem I of the Last Will and Testament of the decedent, as follows: 1. Dallas J. Paxton $40,103.38 2. Robert L. Paxton 40.103.39 TOTAL $80,206.77 I, RICKY L. PAXTON, Administrator of the Estate of Charles E. Paxton, Deceased, hereby declare under penalty of perjury that the foregoing Statement of proposed Distribution is true and correct to the best of my knowledge, information and belief. Date: May 5, 2008 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 o c;;o '~1 ;;g .,;IO .; .l> F;:; Z-n c;)~ 00 .,-')0 T1 (.::>C , .::lJ :u-; ):> f'-o,) = = c:o :::z: ::c- -< &" -0 :x .r:- .. ClO -# T ... WAYNEF,SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 IN RE: ESTATE OF CHARLES E. PAXTON, Deceased, Late of the Township of East Pennsboro, Cumberland County, Pennsylvania : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-07-417 STATEMENT OF PROPOSED DISTRIBUTION The Administrator proposes to distribute the entire balance of the Estate for distribution under the provisions of Item I of the Last Will and Testament of the decedent, as follows: 1. Dallas J. Paxton 2. Robert L. Paxton TOTAL $40,103.38 40.103.39 $80,206.77 I, RICKY L. PAXTON, Administrator of the Estate of Charles E. Paxton, Deceased, hereby declare under penalty of perjury that the foregoing Statement of Proposed Distribution is true and correct to the best of my knowledge, information and belief. Date: May 5, 2008 r..., = = c:o :x :> -< ").-, . . . ~.~.., ;;~ . ("~~') (:~) :::0 t:'-'OJ '~"! d o ::0 ::90 :t:c: zr" - ::0 (j") A C)O )0-0 ;'J~ --I ~ .r:- -0 ::I: .r- .. CD FRIJ1 :PAXTDNS GRAFFITI SIGN Cll'1PANY FAX NO. :717258 122' Apr. 172007 11:15AM PI .. .. -~ . .. I, CHARLES E. PAXTOS, of the Eorougll of Carlisle, Cumberlan County, Pennsylvania, declare this to be my las~: will and testament and revoke all wills which 1 have previous ly made. I I give, devise and bequeath m)' entire estate, real I and personal, to my mother, Ruth P. Paxton, if :.iving, otherwise in -.1 equal snares" t'Omy two brothers, Dallas J. Paxton and Robert L . Paxton, if living,' and if either shall be deceased to hi.s surviving issue per stirpes. II I appoint my brother, Dallas J. Paxton, as executor of this will. If for any reason he shall fail 1:0 qualify or cease to act as such during the administration of my estE.te, I appoint Farmers Trust Company of Carlisle, Pennsylvania, as sub~.tituted executor. I direct that no bond shall be required of any ficuciary named in this will. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 7th day of December, 1982. ~~~~ Signed, sealed, published and declared by Charles B. Paxton, testator above named, as and for his last will and testament, written on one sheet of paper, in our Ipresence, who, in his presence, at his !request, and in the presence of each lother have hereunto subscribed our names as attesting witnesses: (SEA )