HomeMy WebLinkAbout12-05-08PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLn~ViA11//N`` IA ~)~(
Estate of R. Furman Hawley EileNumber ~/~ "`W~ ~~`~'V
also known as Roy Furman Hawley
Deceased Social SecuriTy Number
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' nr 'B' BELOW:)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / tre the EXBCUtriX
last Will of the Decedent dated MeV 17, 2001 and codicil(s) dated
N/A
(State relevam circumstances, e.g., renunciation, death of executor, etc.) a~ Q "=," j r~
r.,7("'
Except as follows, Decedent did not marry, was not divorced, and did no[ have a child born or adopted after execution of ~ instrument(~ffered t
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: n Cfl ~.
^ B. Grant of Letters of Administration
(Jfapplica6/g enter: c.t.a.; d b.n.ct.a.; pendente li[e; durance absentia; duranre minorttateJ
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: (!f
Administration, c. t.a. ord. b. n. c. t.a., enter date of Wid! in Section A above and complete list of heirs.)
De^eden[ was domiciled at death in CUmbBfland County, Pennsylvania with his /her last principal residence at
r street ¢ddress, [own city, township, county, state, zip code)
Decedent, then 74 years of age, died on November 25, 2008
at 427 Candlewyck Road, Camp Hill, PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in PA)
(If not domiciled in PA)
Value of real estate in Pennsylvania
situated as
Personal property in Pennsylvania
Personal property in County
g 918,000.00
perm aw-nz rev. lo.ls.o6 Page 1 of 2
(COMPLETE IN ALL CASES:) Attaeh additional sheets ijnecessary.
Wherefore, Pe[itoner(s) respectfully request(s) the probate of the last Will end Codicil(s) presented with this Petition and the grant of Iztters in the appropriate form to
the undersigned:
0 ~ ~ /~~'~
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
SS
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 aft,"irm~ed and subscribed
bore me the V~~ day of
the
Signature oJPersonal Representative
O
6
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File Number: OCl - ~- /p2C~ d ~~~ n
cr, ;.
Estate of R. Furman Hawley a/k/a Roy Furman Hawley D ~ ~ ~==
Social Security Number: 171-28-0169 Date of Death: November 25 39 "`-' -`~~
d ~ ~ ` 4;;
AND NOW, ~~,(~~~ ~ ,~OGO 4! ">'`"~
-a~~~'"""'" ~ , in consideration of the foregoing Petition, satis~iRf[ory proof'
having been presented before me, IT IS DECREED that Letters Testamentary -
are hereby granted to Barbara S. Hawley
and that the instrument(s) dated May 17, 2001
described in the Petition be admitted to probate and filed of record as the
FEES ~~
Letters .......
Short Certificate(s) . ~.... $~_
Renunciation(s) $
y)' I ...$ ~~~
~o $ ~.aa
Attorney Signature:
Attorney Name:
(and Cyodicil(s))Sdf Decedent.
in the above estate
Supreme Court I.D. No.: 41274
Address: Keefer Wood Allen & Rahal, LLP
635 North 12th Street, Suite 400
Lemoyne, PA 17043
Telephone: 717-612-5801
TOTAL .............. $ ~ IOc~,Do
ForntRW-02 rev. ]0.13.06 PagO 2 Of,2
Signature oJ'Personat Representative
N, ,r„
U
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for [his certificate, $6.00
P 14810304
CertiticatioD Number
This is to certify that the inforlnutiun here given is
correctly copied Gom an uriginal Certificate of Death
duly filed with me as Loca] Registrar. The original
certificate will be forwarded io the State Vital
Records Olfice for permanent filing.
~7 ~-` NOV 2 U 2U
Local Registrar U~ Date Issued
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~FV Ivzws COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
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x lNx tee CERTIFICATE OF DEATH .
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Roy Furman Hawley male 171 - 28 + 0162 November 25, 2008
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Cumberland Lower Allen 'ltap. 427 Candlewyck Road 111 Wa, apemn aba°. Isp«,~
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OF
R. FURMAN HAWLEY
I, R. FURMAN HP,WLEY, of Lower Allen Township,
County, Pennsylvania, do make, publish and declare this to be my
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Testament, hereby revoking all Wills and Codicils by me at any tii '~
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ITEM I:
~ J
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I direct that all inheritance and estate']
taxes becoming due by reason of my death, whether payable by my estate or by any
recipient of any property, shall be paid by the Executor out of the residue of my
estate, as an expense and cost of administration of my estate. The Executor shall
have no duty or obligation to obtain reimbursement for any such tax so paid, even
though on proceeds of insurance or other property not passing under this Will.
ITEM II: I direct the Executor to pay the expenses
of my last illness and funeral expenses from the residue of my estate as an expense
and cost of administration of my estate.
ITEM III: I specifically decline to exercise the Power
of Appointment contained in the Last Will and Testament of my wife, BARBARA S.
H?,WLEY.
ITEM IV: I may leave a written list in my safe
deposit box or elsewhere disposing of certain items of my tangible personal
property. The Executor shall dispose of items of my personal property as specified
in the written list. If no written list is found in my safe deposit box or elsewhere
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Page 1 _~
and properly identified by the Executor within thirty (30) days after the probate of
my Will, it shall be presumed that there is no list; any subsequently discovered list
shall be ignored.
ITEM V: If I die before my wife, BARBARA S.
HAWLEY, I give to her all of my household furniture and furnishings, books,
pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of
household or personal use or adornment and all policies of insurance thereon not
identified in the written list mentioned in ITEM IV. If I do not die before my wife, I
make this gift to my children ELIZABETH H. PODRAZA and JANE L. HAWLEY to
be divided between them as they shall agree.
ITEM VI: I give the residue of my estate, not
disposed of in the preceding portions of this Will, as follows:
(a) To my wife, BARBARA S. HAWLEY, as Trustee, IN
TRUST, to be administered and distributed as provided in ITEM VII, a
fraction of my residuary estate. The numerator shall be a sum equal
to the largest amount that can pass free of Federal estate tax under
my Will by reason of the applicable credit amount and the state death
tax credit (provided that the use of this credit does not require an
increase in state death taxes) allowable to my estate but no other
credit and after taking account of dispositions under other items of this
Will and property passing outside of this Will which do not qualify for
the marital or charitable deduction and after taking account of charges
to principal that are not allowed as deductions in computing my
Federal estate tax. The denominator shall be the value of my
residuary estate. For purposes of establishing this fraction, the values
Page 2 G,
finally fixed in the Federal estate tax proceeding relating to my estate
shall be used. I recognize that the numerator of such fraction may be
zero (0), in which case no property shall pass to this Trust. I also
recognize that the numerator may be affected by the action of the
Executor in exercising certain tax elections.
(b) The balance of my residuary estate shall be paid to my
wife, BARBARA S. HAWLEY, if she survives me. If she does not
survive me, this portion of my estate shall be added to the Trust
funded pursuant to subsection (a) and shall be administered and
distributed as provided in ITEM VII.
ITEM VII: The following provisions shall apply to
the Trust established by ITEM VI (a):
(a) This Trust shall be known as The Hawley Family Credit
Trust.
(b) The Trustee shall pay to or for the benefit of my wife,
BARBARA S. HAWLEY, all of the net income of this Trust in
convenient installments, but not less frequently than annually.
(c) The Trustee shall also pay to my wife so much of the
principal of this Trust as may be necessary in the discretion of the
Trustee for the proper support, maintenance and medical care of my
wife.
Page 3
(d) Upon the death of my wife, the Trustee shall pay over all
of the remaining assets, to one or all, or less than all of my issue, in
the amounts, and in the estates, in trust or otherwise, as my wife may
direct, making specific reference to this Power of Appointment, either
by written instrument filed with the Trustee during her lifetime or by
her Will.
In no event may this Power of Appointment be exercised
in favor of my wife, her estate or creditors of either.
(e) If this Power of Appointment is not exercised by my wife,
in whole or in part during her lifetime, or in her Will, then upon the
death of my wife, the Trustee shall divide the unappointed principal
into as many equal parts as there are then living children of mine and
then deceased children of mine represented by then living issue. The
Trustee shall pay one share to each living child, and shall hold one
share as a separate Trust for the benefit of the issue of each deceased
child, per stirpes.
(f) The Trustee shall divide each share set apart for the issue
of a deceased child into separate per stirpital shares for each issue
(each the "Beneficiary" of his or her Trust), to beheld as separate
trusts. The Trustee shall administer each share as a separate Trust,
as follows:
(i) Trustee shall pay to or for the benefit of the
Beneficiary so much of the net income, in convenient, at
least annual installments, as is necessary, in the
Page 4
discretion of the Trustee, for the proper support,
maintenance, medical care and education of the
Beneficiary. Income not distributed shall be accumulated
and added to principal.
(ii) The Trustee shall also pay to or for the
benefit of the Beneficiary so much of the principal as the
Trustee, in the discretion of the Trustee, considers
necessary to maintain the beneficiary in the proper
station in life, including proper support, maintenance,
medical care and college or higher education.
(iii) Upon the attainment of the age of twenty-
five (25) years by the Beneficiary, the Trustee shall pay to
the Beneficiary one-half of the principal of his or her
Trust. Upon the attainment of the age of twenty-eight
(28) years by the Beneficiary, the Trust shall terminate
and the Trustee shall pay to the Beneficiary the
remaining assets of the Trust.
(iv) Should the Beneficiary die before final
distribution of the assets of his or her Trust, the Trust
shall terminate and the Trustee shall pay the assets of
the Trust to the then living issue of the Beneficiary, per
stirpes. However, if any issue has not attained the age of
twenty-one (21) years at the time of distribution, the
Trustee shall continue to hold the share for that issue as
Page 5 _~~
Custodian under the Pennsylvania Uniform Transfers to
Minors Act for the benefit of that issue.
(v) If at any time before final distribution of the
assets of any of the Trusts administered under this
paragraph, there are no living beneficiaries of the Trust,
the Trust shall terminate, and its assets shall be added to
the other then existing Trust(s) created under this Will
for the benefit of the other issue my deceased child, in the
same proportion by which the Trusts were originally
funded. However, if any Trust has terminated by
payment of its principal to its beneficiaries, the
beneficiaries who received the principal of that Trust
shall collectively be considered an "existing Trust" for the
purpose of this paragraph, and the share which would
have been added to that Trust shall be paid directly to the
beneficiaries who received the assets in the same
proportion by which they received the assets of the Trust.
If any beneficiary is deceased, the share of that
beneficiary shall be paid to the then living issue of that
beneficiary, per stirpes.
(vi) If before final distribution of the assets of
any Trust established for issue of a deceased child, there
is no living beneficiary of that Trust, it shall terminate,
and the principal shall be distributed to my then living
issue, per stirpes.
Page 6 ~'~
ITEM VIII: No part of the income or principal of any
Trust created by this Will shall be subject to attachment, levy or seizure by any
creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary
prior to his or her actual receipt of income or principal distributed. The Trustee
shall pay the net income and the principal to the beneficiaries specified by me, as
their interests may appear, without regard to any attempted anticipation, pledging
or assignment, and without regard to any claim or attempted levy, attachment,
seizure or other process against the beneficiary.
ITEM IX: The Executor and the Trustee shall each
possess the following powers, each of which may be exercised without court
approval and in a fiduciary capacity only:
(a) To retain any investments I have at my death, including
specifically those consisting of stock of any bank even if I have named
that bank as the Executor or Trustee.
(b) To vary investments, and to invest in bonds, stocks, notes,
real estate mortgages or other securities or in other property, real or
personal, without being restricted to so-called "legal investments", and
without being limited by any statute or rule of law regarding
investments by fiduciaries.
(c) In order to divide the principal of a Trust or for any other
purpose, including final distributions, the Executor and Trustee are
authorized to divide and distribute personal property and real
property, partly or wholly in kind, and to allocate specific assets among
beneficiaries and Trusts so long as the total market value of each
Page 7
share is not affected by the division, distribution or allocation in kind.
The Executor and Trustee are each authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including
giving of mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) To sell either at public or private sale real and personal
property severally or in conjunction with other persons, and to
consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale(s). The Executor and Trustee are
authorized to execute, acknowledge and deliver deeds, assignments,
options or other writings as necessary or convenient to any of the
power conferred upon the Executor and Trustee.
(e) To mortgage real estate, and to make leases of real estate.
(f) To borrow money from any person, including the Executor
or Trustee, to pay indebtedness of mine or of my estate, expenses of
administration or inheritance, legacy, estate and other taxes, and to
assign and pledge assets of my estate or any Trust established by this
Will.
(g) To pay all costs, taxes, expenses and charges in
connection with the administration of my estate or any Trust
established under this Will. If any death taxes are payable with
Page 8 __~
respect to my estate, these taxes shall be paid from "The Hawley
Family Credit Trust".
(h) To make distributions of income and of principal to the
proper beneficiaries, during the administration of my estate, with or
without court order, in such manner and in such amounts as the
Executor deems prudent and appropriate.
(i) To vote shares of stock which form a part of my estate or
any Trust established under this Will, and to exercise all the powers
incident to the ownership of stock.
(j) To unite with other owners of property similar to property
in my estate to carry out plans for the reorganization of any company
whose securities form a part of my estate.
(k) To disclaim any interest in property which would devolve
to me or my estate by whatever means, including but not limited to the
following means: as beneficiary under a will, as an appointee under
the exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
(1) To prepare, execute and file tax returns of any type
required by applicable law, and to make all tax elections authorized by
law.
Page 9 -~~~~//
(m) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor or Trustee deems
appropriate, and to compensate these persons from assets of my estate
or trust, without affecting the compensation to which the Executor and
Trustee are entitled.
(n) To divide any Trust created in this Will into two or more
separate Trusts so that inclusion ratio for purposes of the generation-
skipping transfer tax shall be either zero or one, in order that an
election under Section 2652(a)(3) of the Internal Revenue Code may be
made with respect to one of the separate Trusts, or for any other
reason.
(o) To allocate administrative expenses to income or to
principal, as the Executor or Trustee deems appropriate. However, no
allocation to income shall be made if the effect of the allocation is to
cause a reduction in the amount of any estate tax marital deduction or
estate tax charitable deduction.
(p) To do all other acts in their judgment necessary or
desirable for the proper and advantageous management, investment
and distribution of the estate and Trusts established under this Will.
ITEM X: The Trustee is authorized to distribute
principal and/or income in any one or more of the following ways if the Trustee, in
the sole discretion of the Trustee, considers the beneficiary unable to apply
distributions to the beneficiary's own best interests, or if the beneficiary is under a
legal disability:
Page 10 1~r°~~
(a) Directly to the beneficiary;
(b) To the Trustee, or to another person selected by the
Trustee, as custodian under the Pennsylvania Uniform Transfers to
Minors Act as to a beneficiary under the age of twenty-one (21) years;
(c) To a relative of the beneficiary, to be expended by that
relative for the benefit of the beneficiary; or
(d) By directly applying distributions for the benefit of the
beneficiary.
ITEM XI: The Trustee, on an annual basis, shall
provide each income beneficiary who has attained the age of eighteen (18) years,
and the Guardian of the person of any income beneficiary who has not attained the
age of eighteen (18) years, statements showing transactions each Trust established
for the benefit of that beneficiary. The beneficiary, or the Guardian of the person of
such beneficiary, may waive this right to receive an annual accounting. The
Trustee may, at any time, settle any account, or questions concerning the
administration of any Trust established under this Will, by agreement with the
then current income beneficiaries of the Trust, if legally competent, or if not legally
competent, with the Guardian of the person of the beneficiary, the legally
competent spouse of the beneficiary, or the oldest legally competent relative of the
beneficiary who would take a portion of the estate of the beneficiary were the
beneficiary to die at that time intestate under the laws of the Commonwealth of
Pennsylvania. Any settlement made in accordance with this Item shall bind all
persons who have an interest in the Trust, and shall constitute a release and
discharge of the Trustee with respect to transactions specified in the settlement.
Page 11
ITEM XII: In the absence of actual knowledge of a
breach of trust, or information concerning possible breach of trust that would cause
a reasonable person to inquire, a successor Trustee is under no duty to examine the
accounts and records of a predecessor Trustee, or to inquire into the acts or
omissions of the predecessor, and is not liable for any failure to seek redress for any
act or omission of the predecessor. The successor Trustee shall have responsibility
only for property which is actually delivered to him or her by the predecessor and
shall have all of the powers conferred upon a Trustee hereunder.
ITEM XIII: Should my wife, BARBARA S. HAWLEY, by
Will or Agreement of Trust, establish Trusts similar to the Trusts I have
established for the benefit of my issue, the Trustee of each Trust created in this Will
shall have the right to merge it with the similar Trust created by my wife for the
same beneficiaries. If merged, the Trustee shall operate the merged Trusts as a
single Trust.
ITEM XIV: Any person who has died within thirty (30)
days of my death, or under such circumstances that the order of our deaths cannot
be established by proof, shall be deemed to have predeceased me. Any person (other
than myself) who has died at the same time as any beneficiary under this Will, or in
a common disaster with that beneficiary, or under such circumstances that the
order of deaths cannot be established by proof, shall be deemed to have predeceased
that beneficiary.
ITEM XV:
to Executors and Trustees:
Page 12
I make the following provisions with respect
(a) I appoint my wife, BARBARA S. HAWLEY, to be the
Executrix (herein referred to as "Executor") and Trustee.
(b) In the event that my wife is unable or refuses to serve as
Executor or Trustee, my children, ELIZABETH H. PODRAZA and
JANE L. HAWLEY shall serve as Executor, or Trustee, or both.
Thereafter, each Trustee shall have the power to appoint his or her
successor.
(c) Each appointment of a successor Trustee shall be in
writing and shall be filed with the court in the jurisdiction which is the
situs of the Trust. The written instrument shall be signed by the
person having the power to make the appointment.
(d) The Trustee shall have the right to receive reasonable
compensation for services rendered.
(e) The Trustee shall not be liable or accountable for any loss
that may result from the good faith exercise of the authority granted in
this Will.
(f) The Executor and Trustee are specifically relieved from
the duty of filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding twelve (12) pages,
Page 13 _ i~
at the end of each page of wh~ich I have a~l/so ,stet my initials for greater security and
better identification this / ~/-~ day of ////~~,Y 20Q./
~`' ' ~ (SEAL)
R. FURMAN HAWLEY
We, the undersigned, hereby certify that the foregoing Will was 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 and in his presence
and in the presence of each other, have hereunto set our hands and seals the day
and year first above written, and we certify that at the time of the execution
thereof, the said Testator was of sound and disposing mind and memory.
~~(SEAL)
~P ~ (SEAL)
Residing at
~7uS-
Residing at ~ J
~tC ~~ / ~Cj
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
~~~~ ) SS:
COUNTY OF )
I, R. FURMAN HAWLEY, Testator, whose name is signed to the
attached or 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.
vf' ~ (SEAL)
R. FURMAN HAWLEY
Sworn to and subscribed before
me this 17th day of
201.
IC~-~
Notary Pu lic
My Commission Expires:
(SEAL)
CVN, Notary Publoo fi
Camp hill Bore., Cumberland Couni~v ?
~Y Ccmms for ~x, res ,,n_ ~q 20t,~
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ~-o~ )
We, LJ.G4(k /~• ~'c.~' S h~ ~~ and ~ C~~~ ,
the Witnesses whose names are signed to the attached or regoing instrument,
being duly qualified according to law, do depose and say that we were present and
saw Testator, R. FURMAN HAWLEY, sign and execute the instrument as his Last
Will and Testament; that Testator signed willingly and that he executed said Will
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 knowledge the Testator was at that time eighteen (18) or more years of
age, of sound mind and under no constraint or undue influence.
C `~~L~"`~G//~ •~k~itd~4~~
Witness Wit s
Sworn to and subscribed before
me this / 7~ day of
200( .
otary Publ c
My Commission Expires:
(SEAL)
~OTARIAI. SEAI._...~,.~..~-
CYNTHIA J. RULE, Notary Public
~ Camp Hill Boro., Cumberland County
My Commission Expires Jan, 24, 2004
:235658 1