HomeMy WebLinkAbout10-10-08PETITION FOR PROBA~T^E^AND GRANT OF LETTERS
REGISTER OF WILLS OF Ct .~{~'(~I X~ ~a~ COUNTY, PENNSYLVANIA
Estate of Ma r-Fho~ 1, ~~~1 ~ ~ File Number ~ I ~ O ~ ~ ~ O
also known as ~
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Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
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® A. Probate and Grant of etters Testamentary and aver that Petitioner(s) is /are the ~~~~--~~r (X = mimed in the: _
last Will of the Decedent dated and codicil(s) dated ' -~~' _ c"~
- -t ,
_ .. -
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., ._, ,
(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 ofthenstrttment~offered
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for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~
01
B. Grant of Letters of Administration
(/f applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durance absentia; durance 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.)
(COMPLETE IN ALL CASES.) Attach additional sheets if necessary.
DeceJient was domr fled at ath in
./ iA ~ r ~~l /~ f ~ { , e ~ M /
(List s-treat address~to~ ~/city, township, county, state,
r~ ~
nia with his /her last principal residence at ~7 U
~~~~„~
Decedent, then ~ years of age, died on ~ lD. GC~IJ d at H~rriSkx~ra i~..x~ i ~ I
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ `7 Sr (~ Q d
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania ~ $ tr () D a
situated as follows: __ ~ ~ ~ __ Sf~ fi~
/~
~fnl/IIGSI~~,J~
Wherefore, Petitioner(s) respectfull odicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Form RW-02 rev. 10.13.06 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~( 1(I IL-C=1 IQ~
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 of Petitioner(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
befo''reme the ~ t~ day of
id.d.i1~~ > ~.d1.Q_
;~~ ._
ojPerso,/ 1 Representative
Signature ojPersonal Representative
/ t^`.:,
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FOr t Register Signature of Personal Representative ~ ,-, C~ -
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File Number: ~ ~ ~~'
Estate of .T ~1- ~ ~ , Deceased ~
ff ~c1'+
Social Security Number. ~ - ~ ~~ S Date of Death: ~~~r to . ~Wg
AND NOW, ,~e~~~Q.(.i ~~~~ (Q~~. in consideration Qf the foregoing Petition, satisfactory proof
having been presented befor e, ITr~S DECREE that Lette Tes~--~tr~n~ G1w
are hereby granted to LJ
in the above estate
and that the instrument(s) dated
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) o,~' Decedent
FEES
Letters ............... $
Short Certificate(s) ........ $= a .e~~
Renunciation(s) .......... $
1 ... $ l S .(~~
_ .~
$
...
::: $
$
...
$
...
... $
TOTAL .............. $ a--
of
Attorney Signature:
Attorney Name: J~1~15 P C~'~~.~,~
Supreme Court I.D. No.: ~`~C~~. (O-~
Address: 5~~~~N ~_ ~Ir 1 Y=' I ,~~~T,~ ~-
~rri ~- ~~ -~ i~ I
Telephone:r~~ e-X~~ - ~-J~
Form RW-02 rev. /0.13.06 Page 2 of 2
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LOCAL REGISTRAR'S CERTIFICATION ~OF DEATF~
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~ Fee for this certificate. $6.00
P 1479299
Certification Number
R 105 133 REY I t:200°
TYPE ~PgINT IN
PERMANENT
BLACK INN
I I. Name a Deceeenl IFua, mtlEe, wa, suffix)
5 Aga Ilasl BinnmYl In
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W. County d Deem
Dauphin
This is to certify that the intilrmation here given is
correctly copied frolri an original Certificate of Death
duly filed with me as Luca1 Registrar. The original
certificate wilt be forwarded to the State Vital
Records Office for pcl-m.(nent tiling.
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Local Re~yistrar Date Issued
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~
CERTIFICATE OF DEATH ~
(See Instructions and examples on reverse)
STATE FILE NUMBER
Martha Jones Morgan - 2. Be. ' Bona'BeauwyNwrDer <.
Female 198 _ 18 _ 7951 doe 1 m,my~)
lAMar I m 6. Dale of Bum (Mmm, mY: read 7. Birnplace (' ad dale a mr ' C
lwwa sAwars ~Y) Ba. Place d Deem (Chedl aw)
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Harrisburg
la D«.dax a Adtlresa 1Saew. cxr /lam, ewe. nP caee)
208 State Road
Mechanicsburg, PA 17050
IS. Fame s Name (Fall, nxoew, lea, sdlw)
April 8, 1924 Shenandoah, Pennsylvania ",~D5D~"w ~~
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Isabelle Schinkle
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Dispovlion Permx No. v ~ ;,J ~ ~ ~ ~{+
Vl
WILL
OF
MARTHA J. MORGAN
~,_,
-? ~-;
I, MARTHA J. MORGAN, of Cumberland County, Pennsylvania,'~aRe this
Last Will, hereby revoking any and all former Wills or Codicils made by me. -`' -- ~"~
---~
_~ ~ _.._
ARTICLE ONE ~- ~~ `-- -z±
'~ N
Payment of Last Expenses ` ' -' s-
....:
I direct my Personal Representative to pay the expenses of my last illness and my
funeral expenses as soon as maybe convenient after my death.
ARTICLE TWO
Tan>iible Personal Property
I give said property as I may have provided in a memorandum kept with the
original of this Will, or to the extent not so provided, to such of my children, BEVERLY M.
LYNCH and CYNTHIA L. HARRIS, as are living on the thirty-first (31st) day after my death,
in such shares or by such items as they may agree upon or, if they are unable to agree, then in
such shares or by such items of approximately equal value as they may select by lot. Any such
property not so distributed shall be sold and the proceeds added to my residuary estate passing
under Article Three of this Will.
ARTICLE THREE
Residue
Section 1. Outright to Children. I give all the residue of my estate remaining
after application of Article Two to my children, BEVERLY M. LYNCH and CYNTHIA L.
HARRIS, as are living on the thirty-first (31st) day after my death, outright and free of trust, in
equal shares, the share of any predeceased child to be distributed to such child's issue, per
stirpes, subject to the minor beneficiary provisions contained hereinafter.
Section 2. Ultimate Distribution. If any amount of my estate hereunder
remains undistributed under the foregoing provisions, my Personal Representatives shall
distribute such amount to those persons who would have been entitled thereto if I had died at that
{L0325175.1 }
time intestate, unmarried, without children surviving, and domiciled in the Commonwealth of
Pennsylvania.
ARTICLE FOUR
Minor Beneficiaries
If any beneficiary who is entitled to receive absolutely and free of trust a share of
the principal of my estate or any trust created hereunder, except pursuant to Article Two hereof,
is under the age of twenty-one (21) years (hereinafter in this Will called a "minor,"
notwithstanding the fact that such beneficiary is deemed to possess legal capacity because said
beneficiary has attained the age of majority under applicable state law), such share shall either
be:
Section 1. Distributed to a custodian of said minor under the Pennsylvania
Uniform Transfers to Minors Act or under a similar act of any other state; or
Section 2. Placed or retained in the possession of my Executor who shall have
discretion to use or apply so much of said share and so much of the net income, if any, therefrom
as he may deem advisable toward the health, maintenance, education and support of said minor,
accumulating and investing any income not needed for such purposes and later utilizing it
therefor if deemed advisable, until said minor has reached said age or has sooner died at which
time my Executor shall distribute the rest of said share, together with any accumulated income
then remaining, outright to said minor or to his or her estate, as the case may be. For the
purposes of such administration my Executor shall have all the powers, rights and discretions
elsewhere conferred upon her by this Will or by law and shall be entitled to the same
compensation in respect of both income and principal as if acting or continuing to act as
testamentary Trustee with respect to said share. My Executor shall not be under any duty to sell
any tangible personal property that may be subject to this Section 2 in order to render the
proceeds productive of income and may in his discretion allow said minor to have the possession
and use of any such property notwithstanding his or her minority without liability on the part of
my Executor for wear and tear, damage or the loss that may result therefrom. It is the intent of
this Section 2 to constitute my Executor as the holder of powers in trust for the purposes above
indicated.
ARTICLE FIDE
Other Provisions Affectin Trusts for Minors
Section 1. Disbursements to or for the Benefit of Minors. In the disbursement
of funds paid under this Will to or for the use and benefit of any beneficiary who is a minor, the
Executor may make payment of the same to the parents, guardian or such other person having
custody of the person of that minor at the time such payments are made, but without liability on
the part of the Executor to see to the application of said payments by the payee, and the receipt of
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any such person shall be a full acquittance of the Executor as to any amounts so paid, or the
Executor may make payment of the same directly to or for the benefit of such minor. The
Executor is also hereby authorized to make payments of such funds to a custodian, which maybe
a person or institution appointed by the Executor, as a transfer under the Pennsylvania Uniform
Transfers to Minors Act or under a similar act of any other state, and the receipt of the custodian
shall be a full acquittance of the Executor as to any amounts so paid.
Section 2. Stock Dividends. Corporate distributions received in shares of the
distributing corporation shall be allocated to principal, regardless of the number of shares and
however described or designated by the distributing corporation.
Section 3. Spendthrift Provision. During the continuance of any of the trusts
created under Article Four of this Will the principal sums thus held in trust for the beneficiaries,
respectively, and the income thereof shall not be subject to or liable for any contracts, debts,
engagements, liabilities or torts of such beneficiaries, or any of them, now or hereafter made,
contracted, incurred or committed, but shall be absolutely free from the same, and the
beneficiaries under Article Four hereof, shall have no power to sell, assign, or encumber all or
any part of the said principal sums or their interest therein respectively, or the income thereof, or
to anticipate the said income. If any anticipation, assignment or transfer, whether voluntary or
involuntary, or by operation of law, shall be made or attempted by or against any beneficiary
under Article Four hereof, all further payments to said beneficiary of income or principal of the
trust shall be suspended for such period of time or indefinitely (but in no case for longer than the
term of the trust) as the Executor shall determine and, in lieu of such payments, the Executor
may apply so much of the income or principal of the trust, or both, as the Executor may deem
necessary for the health, support, maintenance and education of said beneficiary, and all income
of the trust not so applied shall, in the sole discretion of the Executor, be accumulated and added
to the principal of the trust fund at such time or times as the Executor may deem to be in the best
interests of the beneficiary.
Section 4. Rule Against Perpetuities. No trust created hereunder shall fail to
vest within twenty-one (21) years after the life of the last to die of a class consisting of my issue
in being, and upon the failure to vest within such period, any such trust shall terminate and the
assets thereof shall be distributed outright to the beneficiaries of said trust per stirpes.
ARTICLE SIX
Personal Representatives
I appoint my daughter, BEVERLY M. LYNCH, as my Personal Representative
under this Will. My said Personal Representative, or any successor Personal Representative,
shall have the authority at any time to appoint another individual or a bank as an additional or
successor Personal Representative. In the event BEVERLY M. LYNCH becomes unable or
unwilling to serve as Personal Representative, and no successor has been appointed, I appoint
BRENDA L. GACKI as successor Personal Representative. In addition to the powers conferred
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by law, my Personal Representative shall have the following discretionary powers, exercisable
without the need to obtain court approval:
Section 1. Power to Retain Assets. To retain as part of my estate any
property received hereunder, without any duty of diversification.
Section 2. Power to Invest. To invest and reinvest the principal of my estate
in such stocks, bonds, mortgages, securities or other property, real or personal, without being
limited to the classes of securities or investments in which fiduciaries are by law authorized to
invest funds.
Section 3. Power to Deal With Assets. To sell, exchange, lease, encumber,
option or otherwise dispose of all or any portion of my estate, real or personal, in such manner
and upon such terms and conditions as are deemed advisable, and to make, execute and deliver
any documents necessary to effectuate any powers herein granted.
Section 4. Tax Powers. In connection with the making and filing of all
income tax, estate, inheritance and other death tax, gift tax and other tax returns and the paying
of such taxes, to make such elections, decisions, concessions and settlements, including
extensions of time for the payment of any federal estate taxes or other taxes due, as may be
deemed proper, without liability to any person thereby affected, and without the necessity of
making compensating adjustments.
Section 5. Power to Distribute in Kind. To make distributions of my estate in
cash, in kind, or partly in cash and partly in kind; and to make non-pro rata distributions in kind
without consideration of the income tax basis of the assets distributed.
Section 6. Real Estate and Proceeds. I do not wish to have the value of my
estate reduced by the forced sale of any real estate which I may own at my death. I therefore
authorize my Personal Representative to retain such real estate until such time as it can be sold
for its fair market value and, if necessary in order to provide funds for the payment of any debts,
expenses, estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature
payable by reason of my death, I authorize my Personal Representative to borrow money and for
that purpose to mortgage any such real estate and to execute and deliver all notes, bonds,
mortgages, and other instruments and to perform all acts necessary, proper or convenient in
connection therewith, any and all such loans and mortgages to be made in the sole discretion of
my Personal Representative and for such amounts and upon such terms as my Personal
Representative deems proper. I authorize my Personal Representative, without the necessity of
petitioning any court for approval or confirmation, to sell at any time, all or part of the real estate
which I own at my death and which is a part of my residue, to any one or more of my children or
their issue for such price and upon such terms and conditions as all of my surviving children may
agree.
Section 7. Business Powers. My Personal Representative may carry on any
business owned and operated by me or my estate as a sole proprietorship or any business
conducted by a limited or general partnership of which I or my estate was a partner for whatever
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period of time my Personal Representative may deem advisable, and to that end my Personal
Representative shall have the power to do any and all things deemed necessary or appropriate,
including the power to pay any negative cash flow, the power to incorporate any such business or
hold the stock as an investment, the power to borrow and pledge assets held in trust as security
for such borrowing, the power to liquidate or sell any such business or such interests therein at
public or private sale and at such times and upon such terms as my Personal Representative
deems advisable, and the power to employ agents to manage and operate such business without
liability for the actions of any such agents, or for any loss, liability, or indebtedness of such
business, if the management is selected or retained with reasonable care.
Section 8. Waiver of Bond. No Personal Representative hereunder shall be
required to give bond for the faithful performance of duty in any jurisdiction.
ARTICLE SEVEN
Source of Payment of Debts, Expenses and Taxes
All estate taxes, inheritance taxes, transfer taxes and other taxes of similar nature,
together with any interest and penalties thereon, payable by reason of my death upon the
property constituting my gross estate for death tax purposes, whether or not such property passes
under this Will, and all debts, costs of administration and other proper expenses paid by my
Personal Representative shall be paid from the principal of my residuary estate passing
hereunder, without reimbursement from or apportionment among the legatees or devisees or
persons having a beneficial interest in any such property. Assets sold by my Personal
Representative to make payments hereunder shall be selected, to the extent advisable, so as to
minimize the recognition by my estate of gain for income tax purposes. My Personal
Representative may enter into such agreement or make such election to pay all or any part of the
death taxes on any future interest as may be deemed appropriate, and such agreement shall be
binding upon all parties in interest.
ARTICLE EIGHT
Interpretation of Will
Section 1. Singular and Plural• Use of Gender. Whenever used herein, the
singular shall include the plural, the plural the singular and the use of any gender shall be
applicable to all genders.
Section 2. Definition of Child. Children or Issue. Whenever the terms
"child," "children" and "issue" are used herein, such terms shall include adopted children,
regardless of the date of adoption, with full effect as if they were the natural children of the
adopting parents. Such terms are also intended to include persons in gestation at any pertinent
time under this Will, provided such persons survive birth by thirty (30) days.
-5-
Section 3. Captions. The captions of articles and sections of this Will are for
convenience of reference only and shall not affect the interpretation of this Will.
Section 4. Governing Law. I hereby declare that I am a domiciliary of the
Commonwealth of Pennsylvania and that the succession laws and other applicable laws of the
Commonwealth of Pennsylvania shall control the interpretation of this Will and the ownership of
any property passing at the time of my death other than under this Will, and that no succession
laws of any other nation or state shall have any applicability to this Will or the ownership of any
other property passing at the time of my death other than under this Will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to the original of
this Will only this 9`h day of August, 2007.
,.._l , lc>Z~~f2aJ'~/. '1 ~ .~ (SEAL)
MAR~TyHA J. MO AN
Signed, sealed, published and declared by MARTHA J. MORGAN, as and for
said person's Will in the presence of us and each of us, who, at said person's request, in said
person's presence and in the presence of each other, have hereunto subscribed our names as
witnesses thereto the day and year last above written.
iZ ~'~.~
Residing at Harrisburg Pennsylvania
~- L~
- ; °~~ Q ~ ~ Residing at _ Harrisbur , Pennsvlvania
`~
-6-
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF DAUPHIN )
We, MARTHA J. MORGAN, Thomas P. Gacki and Kelley M. O'Brien, the
Maker of this Will 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 Maker signed and executed the instrument as the Maker's Last Will and that the Maker
signed willingly, and that the Maker executed it as the Maker's free and voluntary act for the
purposes therein expressed, and that each of the witnesses, in the presence and hearing of the
Maker, signed the Will as witnesses and that to the best of their knowledge the Maker was at that
time eighteen years of age or older, of sound mind and under no constraint or undue-influence.
Cc~ ~lc x~
MARTHA J. M GAN
/~
tness
Witn ss ~
SUBSCRIBED, sworn to and acknowledged before me by MARTHA J.
MORGAN, the Maker, and subscribed and sworn to before me by Thomas P. Gacki and
Kelley M. O'Brien, witnesses, this 9th day of August, 2007.
~~so~-~
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Pnyms G. Hedenberg, Notary PubNo
City Of Harrisburg, County
My Commission Expires May 24, 2005
Member. Pennsylvania Associallon Ofi Notaries
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