HomeMy WebLinkAbout08-29-08
IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVA.QIIA
ESTATE OF DONALD A. HURST, :ORPHANS COURT DIVISIOI~?~
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Deceased NO. 07-0718 -~'- ~_ t-~
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PETITION - ` , ;
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1. Your Petitioners are Sharon June Hurst and Richard W. Stewart;
Executors of the Last Will and Testament of Donald A. Hurst, late of Hampden
Township, Cumberland County, Pennsylvania.
2. The said Donald A. Hurst died on July 16, 2007 leaving a Last Will and
Testament dated November 13, 2003 which was admitted to probate by the Register of
Wills of Cumberland County, Pennsylvania, on July 31, 2007 to the above-captioned
term and number. A copy of the Will is attached hereto as Exhibit "A".
3. Prior to the Decedent's death, the Decedent's son, Thomas Hurst, died
December 13, 2006 intestate in the State of Maryland.
4. The Decedent and the Decedent's daughter, Donna Eaton, were the sole
heirs of the said Thomas Hurst.
5. The Estate of Thomas Hurst has a value for distribution of approximately
Two Hundred Twenty-Eight Thousand ($228,000.00) Dollars which consists of a home
located at 729 Beall Avenue, Rockville, Maryland in which the said Donna Eaton resides.
6. When the Decedent's other son, Richard Hurst, died owning an interest in
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the aforesaid real estate, the Decedent disclaimed any interest in the said Richard Hurst
Estate.
7. It is the belief of the Decedent's widow and Petitioner, Sharon June Hurst,
that the Decedent would have disclaimed any interest in the Estate of Thomas Hurst just
as he had done in the Estate of Richard Hurst.
8. All inheritance taxes due on the Estate of Donald Hurst and all debts of
the Decedent have been paid.
9. There are sufficient funds in the Estate to pay all of the expenses of
administration and all of the bequests set forth in the Decedent's Will.
10. The residuary beneficiaries of the Estate, Donna A. Eaton and Sharon
June Hurst, have consented to having your Petitioners disclaim any interest in the Estate
of Thomas Hurst. Their Consents are attached hereto as Exhibits "B" and "C."
WHEREFORE, your Petitioners pray that Your Honorable Court enter an Order
authorizing them to disclaim any interest of the Decedent, Donald A. Hurst, and his
Estate in the Estate of Thomas Hurst.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
Richard W. Stewart
Attorney I.D. No. 18039
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Dated: A-vx~ s ~ 2 '~ ~0~
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DONALD A. HURST
I, DONALD A. HURST, of the Township of Hampden, Cumberland County, and Commonwealth
of Pennsylvania, declare this to be my last Will and revoke any Will previously made by me.
ITEM I. I bequeath my automobiles, household and personal effects, and other tangible
personalty of like nature (not including cash or securities), together with any existing insurance thereon, to
my wife, SHARON JUNE HURST, if she survives me by thirty (30) days. Should my wife, SHARON
JUNE HURST, not be living on the thirty-first (31st) day after my death, I bequeath such tangible
personalty and insurance thereon to such of my children as are living on the thirty-first (31st) day after my
death, to be divided among them by my executor with due regard for their personal preferences in as nearly
equal shares as practical.
ITEM II. I devise and bequeath the sum of Twenty-Five Thousand ($25,000.00) Dollars to
each of the following named persons who survive me by thirty (30) days:
A.
B.
C.
ITEM III.
My daughter, DONNA ANN EATON,
My son, THOMAS E. HURST, and
My grandson, KEVIlV EATON.
Should the value of the principal of the Donald A. Hurst Revocable Trust be less
than Two Hundred Fifty Thousand ($250,000.00) Dollars at the time of my death, I bequeath to the Donald
A. Hurst Revocable Trust an amount sufficient to increase the value of the principal to the sum of Two
Hundred Fifty Thousand ($250,000.00) Dollars.
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ITEM IV. I bequeath the sum of One Hundred Thousand ($100,000.00) Dollars to be divided
equally among said of my wife's children ROBERT L. ALLEN, MURRY WAYNE ALLEN, TRACY L.
ELLIS and SHARON D. WAGNER as survive me provided, however, that if any said child predeceases me
but has issue then living that child's share shall be distributed to the child's then living issue per stirpes. If
the child has no issue then living that child's share shall be distributed to the then living issue of my wife,
SHARON JUNE HURST, per stirpes.
ITEM V. I devise and bequeath the residue of my estate of every nature and wherever situate
as follows:
A. One-third (1/3) thereof to my wife, SHARON Ji1NE HURST, if she survives me.
If my wife, SHARON JUNE HURST, fails to survive me, her share shall be added to and treated as a part of
the other shazes created in subparagraphs B and C below.
B. One-third (1/3) thereof to my daughter, DONNA ANN EATON, if she survives
me. If my daughter, DONNA ANN EATON ,fails to survive me, her share shall be distributed to her then
living issue, per stirpes, and in default of such issue, her share shall be added to and treated as a part of the
other shazes created in subparagraphs A above and C below.
C. One-third (1/3) thereof to my son, THOMAS E. HURST, if he survives me. If my
son, THOMAS E. HURST, fails to survive me, his share shall be distributed to his then living issue, per
stiipes, and in default of such issue, his share shall be added to and treated as a part of the other shazes
created in subparagraphs A and B above.
ITEM VI. All federal, state and other death taxes payable because of my death, with respect to the
property forming my gross estate for tax purposes, whether or not passing under this Will, including any
interest or penalty imposed in connection with such tax, shall be considered a part of the expense of the
administration of my estate and shall be paid from my residuary estate without apportionment or right of
reimbursement provided that any taxes on the revocable trusts created by me, may be paid from the assets of
these trusts as provided therein. My Executor may qualify the gift given to my wife under a Revocable
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Trust created by me or as much there of as he deems advantageous for the qualified terminable interest
property provision set forth in Section 2056(b) (7) of the Internal Revenue Code as amended by Section 403
of the Economic Recovery Act of 1981. My Executors are hereby authorized to make the election to qualify
or not to qualify. As such, I direct that:
A. If any provision of my Will shall result in depriving my estate of the benefits of the
Internet Revenue Code of Section 2056 (b)(7), if elected, such provision is hereby revoked and my Will
shall be read as if any portion thereof which would result in such disqualification isnull and void;
B. My Executor is hereby excused from any liability to any person for the decision to
elect to have the gift qualify for the marital deduction or for the decision to elect not so to qualify it;
C. No reimbursement or other adjustment shall be made among beneficiaries by
reason of the consequences of such election or failure to elect.
ITEM VII. My executors and guardian 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. To retain any or all of the assets of my estate, real or personal, including any shares of
stock or other securities I may own of the corporate fiduciary or its successors, or of a holding company
controlling the corporate fiduciary or its successor, without restriction to investments authorized for
Pennsylvania fiduciaries, as they deem proper, without regard to any principle of~ diversification.
B. To invest in all forms of property without restriction to investments authorized for
Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification.
C. 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 leases, for such prices and upon such terms
or conditions as they deem proper.
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D. To allocate receipts and expenses to principal or income or partly to each as they from
time to time think proper.
E. To borrow from, or sell to, the trustee under my inter vivos trust mentioned above, even
though such trustee maybe my executor.
F. To join with my wife, SHARON JUNE HURST, or her personal representative in filing
a joint income tax return without requiring her or her estate to indemnify my estate against liability for the
tax attributable to her income and to consent to any gifts made by my wife during my lifetime being treated
as having been made one-half by me for purposes of the federal gift tax law.
ITEM VIII. I appoint RICHARD W. STEWART and SHARON JUNE HURST, Executors of
this my last Will. Should RICHARD W. STEWART fail to qualify or cease to act as Co-Executor, I
appoint another member of the firm of Johnson, Duffie, Stewart & Weidner or its successor Co-Executor of
this my last Will. Should my wife, SHARON JUNE HURST, fail to qualify or cease to act as Co-Executor,
I appoint SHARON D. WAGNER, Co-Executor in her place.
ITEM IX. I direct that Richard W. Stewart or his successor shall be entitled to reasonable
compensation for his duties as Co-Executor and counsel.
ITEM X. I direct that my executors and guardian shall not be required to give bond for the faithful
performance of their duties in any jurisdiction.
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IN WITNESS WHEREOF, I have hereunto set my hand this ~ s ~'L day of
NCve.rn yG`- , 2003.
EAL
Donald A. urst
SIGNED, SEALED, PUBLISHED AND DECLARED, by Donald A. Hurst, the Testator above
named, as and for his Last Will and Testament and in the presence of us, who, at his request, in his presence
and in the presence of each other, have subscribed our names as witnesses.
Witness
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
I, Donald A. Hurst, Testator, whose name is signed to the foregoing instrument, having been duly
qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last
Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the
purposes therein expressed.
Donald A. Hurst
Sworn to or affirmed and acknowledged before me, by Donald A. Hurst, the
Testator, this i 3'`"~ay of ~~'1~s.. v.~,.~ ~. 2003.
Notary Public ~~
My commission expires:
_ (SEAL)
C~OT.~,R~~,i_ SEfiri_
Dl~-~1NE E_EN!~`, No(ary Public
l.emoy~n l3orouc~h Curnberlar~d Co.
F ~i'f ~arrsrnissian Expires Dec. 2~ ~, 2G~151
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
SS:
COUNTY OF CUMBERLAND _
We, T~tC L, a„t~ (,~1 S"jecQc,,,,t- and ~.1~ v~ , FtiCi ~ i h S;,w ,the witnesses
whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and
say that we were present and saw the Testator sign and execute the foregoing instrument as his Last Will
and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and
that to the best of our lrnowledge, the Testator was at that time at least 18 years of age, of sound mind and
under no constraint or undue influence.
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Sworn to or affirnled and subscribe o before 'me by -.;~` ~~_ , ~` ~~ , ,r , e ~. and
~"~"~ ~Z~-`~~--r°~~'> ,witnesses, this ~ . y
3~~a of ~1 ~~.~v.~..s---~. , 2003.
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1;'u.t~tiP LEl~l- ;> 1`oler~ Pudic
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t~il+ Co?~€mission Expires Dee. 2i, 2005 ,
Notary Public--- . `-~ `,
My commission expires:
(SEAL)
CONSENT
I, DONNA A. EATON, a residuary beneficiary under the Last Will and Testament
of Donald A. Hurst, hereby consent to have the Executors of the Estate of Donald A.
Hurst, disclaim any interest that the Estate has in the Estate of Thomas Hurst.
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DONNA A. EATON
Dated: ~ " ~'~ ` n
340275
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CONSENT
I, SHARON JUNE HURST, a residuary beneficiary under the Last Will and
Testament of Donald A. Hurst, hereby consent to have the Executors of the Estate of
Donald A. Hurst, disclaim any interest that the Estate has in the Estate of Thomas Hurst.
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SHARONJU HURST
Dated: ~~~, ~Z00 ~
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VERIFICATION
I, RICHARD W. STEWART, Co-Executor of the Estate of Donald Hurst, hereby
acknowledge that I have read the foregoing Petition and that the facts stated therein are true
and correct to the best of my knowledge, information and. belief. I understand that any false
statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to
unsworn falsification to authorities.
RICHARD W. STEWART
Date: August 27, 2008