HomeMy WebLinkAbout01-20-09ESTATE OF
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM THOMAS LEGGETT, JR. ORPHANS COURT DIVISION
NO.21-08-0782
MOTION OF EXECUTRIX OF ESTATE OF WILLIAM THOMAS LEGGETT, JR.
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The Honorable Judge of the Courts of Cumberland County: `-~o
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Decedent William Thomas Leggett, Jr. died June 9, 2008 testate.
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Copy of his will is attached as Exhibit 1. The estate was probated on July 2~,~2D08. ,~
The will bequeathed the estate under a complex marital trust under the control of a t~stee.
All the beneficiaries and the surviving spouse, Patricia Ennis Leggett, agreed to a Family
Settlement Agreement and Final Release to avoid the substantial cost.
The estate was subject to no federal estate tax and Pennsylvania Inheritance Tax. Enclosed
is a copy of the Family Settlement Agreement and Final Release as Exhibit 2, to indicate
that everyone agreed to the Family Settlement Agreement and that the mother be the sole
beneficiary.
A deed of the property is enclosed as Exhibit 4.
The Executrix, Patricia Ennis Leggett, has prepared a Decree Awarding Real Estate
(Exhibit 3) in accordance with the Family Settlement Agreement and Final Release. The
Executrix requests the Honorable Court to sign the Decree Awarding Real Estate.
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Respectfully, ~~
Joh H. Broujos, Attorney
~B_ 6268
4 NORTH HANOVER STREET
CARLISLE, PA 17013
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WILL •`. ;: ~''
[, William Thomas Leggett, Jr., of the Borough of Cazlisle, Cumberland County, Pennsylvania
declaze this to be my last will and revoke any will previously made by me.
ITEM ONE: I direct that all my debts and funeral expenses, including my gravemazker shall
be paid from my residuary estate as soon as practicable after my decease as a part of the expense
of the administration of my estate.
:ITEM TWO: I give, devise, and bequeath to my wife Patricia Ennis Leggett, all of my interest
in household furnishings and household personal property, excluding choses in action, stocks,
bonds, CDs, mutual funds, and similar accounts, providing she is living at the expiration of 60
days after my death. If my said wife does not survive me, or dies within the 60 day period, I
give such property to my children living at the time of my death, to be divided among them as
they may agree; and, in the event no agreement is reached, the property shall be divided as my
personal representatives shall determine, in his absolute discretion.
;ITEM THREE: I give, devise, and bequeath the remainder of my estate, of whatsoever
nature and wheresoever situated, which I may own or to which I may in any way be entitled at
~ the time of my death, referred to in this my Will as "my residuary estate" to be disposed of as
follows:
,A(1). I give, devise, and bequeath my residuary estate to my Trustee, hereinafter named, in
trust, nevertheless, to hold, manage, and invest the same, to collect the income thereon, to be
administered as follows: . '
(a) All the net income, thereof, shall be paid to my wife in quarterly or other
convenient installments (but at least annually), for and during the term of her life.
(b) During her lifetime, my wife shall have the unlimited power, exercisable in her
sole discretion and at all events, to withdraw any part or all of the principal of this trust in this
subparagraph (1) by written request delivered to the Trustee in her lifetime, or to direct Trustee
to make distribution of any part or all thereof to any donee or nominee, and to use or direct such
withdrawals without regazd to her own personal needs, and to dispose of any principal so
Y withdrawn in any manner, including the power to dispose of it by gift to any person or persons
~ of her own choice.
~~~,~~ (c) Upon death of my said wife, my Trustee shall pay over the then-remaining
principal, together with all income accrued to such persons, corporations or others in such shares
\ and proportions in either outright or upon such trust and estate, as my wife, by express reference
1:o this provision in her Will, may designate and appoint. My intention being that such general
power may be exercised by my wife alone and in all events; or
(d) In default of the appointment by my wife, provided for in subparagraph (c), my
'T'rustee shall assign, transfer and pay over the principal of this trust, and any income accrued or
on hand at the death of my wife, to my then living children, per stirpes.
(e) Notwithstanding anything contained in subparagraph (1), the amount of the
property which will pass to my Trustee under this subparagraph (1) will equal the maximum
marital deduction allowable in my estate for federal estate tax purposes, reduced by the final
federal estate tax values of all Qther property interest which pass or have passed to my wife,
under other provisions of this will or otherwise and which qualify for the marital deduction. In
no event shall a greater amount be allocated to the trust created in this subparagraph (1) than is
PAGE ONE OF FIVE PAGES
necessary to completely eliminate the federal estate tax in my estate, after considering all other
federal estate tax deductions and credits (but only to the extent the use of the state inheritance
tax credit does not increase the state inheritance taxes payable) to which my estate may be
entitled. The Trustee shall satisfy the marital deduction bequest in cash or in kind, or partly in
each, with assets eligible for the mazital deduction; assets allocated in kind shall be deemed to
satisfy this amount on the basis of their values as finally determined for federal estate tax
purposes, but in no event shall the date of distribution value of such assets be less than the
amount of the marital deduction. The balance of the residuary estate that does not pass under this
subparagraph (I) shall pass under, and be governed by the provisions of subparagraph (2).
(f) It is my intention that this trust qualify for the marital deduction allowable in
determining the federal estate tax on my estate. If any provision of this trust shall result in
depriving my estate of the marital deduction for federal estate tax purposes, such provision is
hereby revoked and this trust shall read as if any portion thereof inconsistent with allowance of
the marital deduction for federal estate purposes is null and void.
(2) If my wife Patricia Ennis Leggett survives me by 60 days, and if any amount is directed
to be disposed of under and governed by the provisions of, this subparagraph (2), I give, devise,
and bequeath said amount to my Trustee hereinafter named, in trust, nevertheless, to hold,
manage and invest the same, to collect income thereon, and to be administered as follows:
(a) To pay to or apply for the benefit of my wife so much or all of the net income
thereof in installments convenient to her.
(b) To distribute to my wife, from time to time, such amounts of the trust estate as
my Trustee in its discretion may from time to time think advisable for purposes of my wife's
health, support and maintenance in her accustomed manner.
(c) Upon the death of my wife, during the period of this trust for her benefit, the
principal of this trust, as it is then constituted and any income accrued or on hand at the death
of my wife, shall be distributed to my then living children, per stirpes.
B. If my wife Patricia Ennis Leggett predeceases me or is not then living on the 61st day
~~ after my death, I give, devise, and bequeath my residuary estate to my issue surviving me, per
stirpes.
C. No part of any trust estate shall be liable for or charged with any debts, contracts,
liabilities or torts of the beneficiary or subject to seizure or other process by any creditor of the
beneficiary.
c ITEM FOUR: In the event that my estate or any trust created herein, is comprised of real ~-
property, and in the event a bequest or distribution of any such real property is made pursuant
\~ to the provisions of ITEM THREE (A)(1)(d), ITEM THREE (A)(2)(c), or ITEM THREE (B),
~~ then I direct my Executors and Trustee to sell any such real property prior to making any such
\` bequests or distribution. I further direct my Executors and Trustee to act prudently and with
reasonable dispatch in proceeding with said sale of real property, at public or private sale.
ITEM FIVE: I direct my executors to pay any and all estate, inheritance and other death taxes
and duties, and all interest and penalties thereon, imposed by reason of my death in respect of
any property required to be included in my gross estate for the purposes of such taxes, whether
passing under this my Will or otherwise, and I direct that any taxes so paid shall be charged,
without any apportionment otherwise required by law:
A. If my wife Patricia Ennis Leggett survives me, entirely against that portion of my
residuary estate, if any, which passes under the provisions of subparagraph (2) of Paragraph A
PAGE TWO OF FIVE PAGES
of ITEM THREE of this my Will or, to the extent, if any, that said portion is insufficient, against
that portion of my residuary estate, if any, which passes under the provisions of subparagraph
(1) of Paragraph A of ITEM THREE of this my Will; or
B. If my wife Patricia Ennis Leggett predeceases me, against my residuary estate.
ITEM SIX: I appoint my wife Patricia Ennis Leggett Executrix of this my last Will. Should
she fail to qualify or cease to act as Executrix, I appoint my daughter Elizabeth Leggett Yukish
as Executrix with the same rights, powers, and duties. Should she fail to qualify or cease to act
as Executrix, then I appoint Farmers Trust Company as Executor with the same rights, powers,
and duties.
ITEM SEVEN: I nominate and appoint Farmers Trust Company of Carlisle, Pennsylvania,
Trustee of the trusts created herein.
ITEM EIGHT: My personal representative and Trustee, as well as their successors, shall
not be required to file bond or security in any jurisdiction for the faithful performance of their
duties hereunder.
ITEM NINE: In addition to the rights and powers given to the fiduciaries by law or elsewhere
in this Will, I give to my personal representative and Trustee, without any order of court and in
their sole discretion, the following rights and powers:
A. Retain any property owned by me at my death and to invest and reinvest in any property
without restrictions to legal investments.
B. Keep reasonable amounts of cash in bank and uninvested, as deemed advisable for the
protection of principal.
C. Purchase investments at premiums and charge premiums to income or principal or partly
to each.
D. Subscribe for stocks, bonds, or other investments; join in any plan of lease, mortgage,
merger, consolidation, reorganization, foreclosure or voting trust and deposit securities thereunder;
and generally exercise all the rights of security holders of any corporation.
~ E. Register securities in the name of a nominee in such manner that title shall pass by
` ~ delivery.
F. Vote, in person or by proxy, securities held by it and in such connection to delegate its
discretionary powers.
~~ G. Repair, alter, improve or lease, for any period of time, any property, and give options for
leases.
H. Sell at public or private sale, for cash or credit, with or without security, and exchange
or partition property and give options for sales or excha..ges.
I. Bon ow money from any person, including my Trustee or personal representative, and
mortgage and pledge any property.
J. Loan money to, borrow money from, sell property to, buy property from, and exchange
property with, and inter vivos or testamentary trust created or established by my wife Patricia
Ennis Leggett.
PAGE THREE OF FIVE PAGES
K. Compromise claims.
L. Add to the principal of any trust created hereunder and any property received from any
person by deed, will, or in any other manner.
M. Pay premiums on any life insurance, annuity, or endowment policies, which may have
been retained or purchased herein and exercise any right, option or privilege thereunder.
N. In the exercise of Trustee's discretion with respect to the use of principal for any
beneficiary, taking into account other property and income available to such beneficiary; and in
so doing, Trustee may conclusively rely on written representations made to it by such beneficiary,
and judgment of my Trustee as to the amount of principal so used and the extent to which other
resources are considered shall be conclusive as to all parties and interest.
O. Allocate to and between the trusts established in subparagraphs (1) and (2) of Paragraph
A of ITEM THREE, the assets or portion of any assets in or becoming a part hereof; provided
that only assets which qualify for the marital deduction shall be placed in trust established in
subparagraph (1).
P. Advise in the use of expenses an losses as deductions for federal income tax or estate tax
purposes, or partly for each, as they shall be deemed advisable, without adjustments between
income and principal in consequence of the exercise of such discretion.
Q. Make distributions in cash or in kind or partly in each.
R. The Trustee shall exercise all power, authority and discretion given by this instrument as
to termination of any trust created herein until the same is fully distributed.
IN WITNESS WHEREOF, I have hereunto set my hand. this 1~G day of February, 1996
'/r'l' ~~r ~ j.
Wi liam Thomas Leggett, Jr. -~
The preceding instrument, consisting of this and three other typewritten pages each identified by
the signature of the Testator was on the day and date thereof signed, published and declared by
the Testator therein named as and for his last will, in the presence of us, who at his request, in
his presence and in the presence of each other hay '
PAGE FOUR OF FIVE PAGES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
We John H. Broujos and Gar,'+~~ A. NwROO witnesses whose names are signed to the attached or
foregoing instrument being duly qualified according to law, do depose and say that we were
present and saw the Testator sign and execute the instrument as his last will; that he signed
willingly and executed it his free and voluntary act for the purposes therein contained; 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 the time 18 or more years of age, of sound mind and under
no constraint or undue influence.
Sworn and subscribed to before me this
/.3``'~lay of February, 1996.
< < „~ ~ ~,~ v ,u
otary Public
Sherri L. Muraphy~ Notary Puolic
Carlisle Boro, Cumberland County
My Commission Expires Jan. 4, 1999
COMMONWEALTH
ss
COUNTY OF CUMBERLAND
I, William Thomas Leggett, Jr. whose name is signed to the attached instrument, having been
duly qualified according to law, do hereby acknowledge that I signed and executed the instrument
as my last will; that I signed it as my free and voluntary act for the purposes therein expressed.
'Sworn and aff rmed to and acknowledged
before me this /-3`~'~t1ay of February, 1996.
_ ~~.~ ~_
Notary Public
Notarial Seal
Shell L. Murpphy, Notary Puulic
Carlisle Boro, Curberland County
MY Commission Expires Jan. 4, 1999
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William Thomas Leggett, Jr. JJ//
PAGE FIVE OF I~CVE PAGk?S
ESTATE OF WILLIAM THOMAS LEGGETT, JR.
CUMBERLAND COUNTY FILE NO. 21-08-0782
FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE
THE UNDERSIGNED, hereby agree that:
WHEREAS, WILLIAM THOMAS LEGGETT, JR. (also known as William T. Leggett,
Jr.), late of the Borough of Carlisle, Cumberland County, Pennsylvania, deceased, died testate
on June 9, 2008, having first made a Last Will and Testament, which was duly executed on
February 13, 1996, and is filed in the Office of Register of Wills of Cumberland County,
Pennsylvania, at File No. 21-08-0782 (copy attached as Exhibit "A"); and
WHEREAS, WILLIAM THOMAS LEGGETT, JR., by Last Will and Testament, named
Patricia Ennis Leggett as Executor; and
WHEREAS, Letters Testamentary were issued by the Register of Wills of Cumberland
County, Pennsylvania, to Patricia Ennis Leggett, Executrix, hereinafter called "Personal
Representative"; and
WHEREAS, the Personal Representative has gathered the assets and income of the estate
which consist of property having a total value of $1,392,253.52; and
WHEREAS, the debts and deductions amount to $13,100.00, leaving a balance t<~r
distribution of $1,379,153.52; and
WHEREAS, said Last Will and Testament bequeaths to decedent's wife, Patricia Ennis
Leggett, all household furnishings and household personal property; and
WHEREAS, said Last Will and Testament under Item Three, A(1) thereof i=urther
bequeaths the decedent's residuary estate to his Trustee, M&T Bank (formerly Farnlcrs Trust
Company) of Carlisle, Pennsylvania, with income and principal to be used for the benefit of his
wife, Patricia Ennis Leggett, at her sole discretion; and
WHEREAS, the bequest set forth in Item Three, A(1) of decedent's said Will is limited
to the amount necessary to reduce federal estate taxes in decedent's estate to zero; and
WHEREAS, said Last Will and Testament under Item Three, A(2) thereof bequeaths the
remainder of decedent's estate to his Trustee, M&'[' Bank, to he held l=or the benefit of his wile,
Patricia Ennis Leggett. Under said provisions wife is entitled to receive all net income and such
payments from principal as necessary in Trustee's discretion for wife's health, support and
maintenance in her accustomed manner; and
WHEREAS, no federal estate tax is due in decedent's estate and thus no distribution will
be made to the Trustee pursuant to the terms of Item Three, A(1) of said Will; and
WHEREAS, pursuant to said Will, the residue of decedent's estate should be paid to
decedent's Trustee under the terms of Item Three A, (2) of said Will; and
WHEREAS, on the death of the said Patricia Ennis Leggett, the ultimate beneficiaries of
decedent's estate are decedent's then living children, per stirpes; and
WHEREAS, the living children of decedent arc Patricia C. Lockard (age 55), Nancy L.
McGee (age 53), Elizabeth L. Yukish (age 47), and William T. Leggett III (age 41); adult
grandchildren are Miles E McGee (age 18) and Gregory M. Yukish (age 1 S); together with other
grandchildren who are minors; and
WHEREAS, all parties of interest in the estate of William Thomas Leggett, Jr. have
agreed that the rest, residue and remainder of decedent's estate shall be distributed to decedent's
wife, Patricia Ennis Leggett, absolutely, and that no trusts pursuant to Item Three A of
decedent's Will shall be funded.
NOW, THEREFORE, the undersigned heirs entitled to inherit under the Last Will and
Testament, do hereby acknowledge that they accept the distribution as set forth above to
decedent's wife, Patricia Ennis Leggett, in full satisfaction and payment of all sum or sums of
money, legacies, bequests, and devises as are given, devised and bcdueathcd to them by the said
Last Will and Testament of William Thomas Leggett, Jr., Exhibit "A" herein.
AND, they do hereby stipulate that, in order to avoid the expense and time involved in
the filing of a formal account and schedule of distribution, they agree that nu formal account is
necessary. They hereby consent to distribution being made without the Tiling ol~an account and
schedule of distribution, the same to be with the same force and cCtect as if they had been fiiled
and confirmed by the Orphans' Court Division of the Cow-t of Common fleas of Cumberland
County, Pennsylvania.
THEREFORE, they do hereby remise, release, quitclaim anti forever discharge the said
Personal Representative, her heirs, executors and administrators and assigns, and Manulacturers
and Traders Trust Company, Trustee named in said Wili, its succcss~~rs and assigns, c~fancl from
the said estate and from all actions, suits, payments, accounts, reckonings, claims, and demands
whatsoever for or by reason thereof, or for any other use, matter, cause or thing whatsoever
touching upon the estate of the said decedent.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this j t day of
Jl~t~b r~ r ~ l~ ~ .
Witness:
,~.-"
Patricia Ennis Leggett
~ I"R~~,t,o~-~ ~~~o~.r,~.~-~ (SEAL)
~~Patricia C. Lockard, Individually and
as Guardian of any Minor Children
._
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`Nancy L. I~VLeGee, Individually and
as Guardian of any Minor Children
~ f ~,~ fs:`t~;~. (SEAL,)
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Elizabeth L. Yuk~~, Individually and
as Guardian of any Minor Children
~J/~ /' ~ _ , ~ (SEAL)
Williatfi~. L g e III, Individually and
as Guardian of any Minor Children
~ ~~~ l~~/~~~~~~---~~ (SEAL)
Miles E. McGee
wf
{. `£ rt~~` ~ t ~ ~~ !.; :` ~~ _ _ (SEAL)
Gregory M. Yukish
~L
MADE THE _31st_ day of December, in the year Two Thousand and eight (2008)
BETWEEN Patricia Ennis Leggett, Executrix of the Estate of the Last Will and
Testament of William Thomas Leggett, Jr. aka William T. Leggett, Jr. late of Carlisle,
Cumberland County, Pennsylvania, deceased,
Grantor
and
Patricia Ennis Leggett, surviving wife of the deceased, William Thomas Leggett, Jr., of 735
West South Street, Carlisle, Cumberland County, Pennsylvania,
Grantee
WHEREAS, William Thomas Leggett, Jr. died on the 9th day of June, 2008, seized in fee of
the hereinafter described real estate, and by his Last Will and Testament dated February 13,
1996, since his death duly proved and remaining of record in the Office of the Register of
Wills in Cumberland County, at Carlisle, Pennsylvania, and filed to Estate No. 21-08-0782;
and thereafter subject to the Family Settlement Agreement and Final Release, as part of the
administration and disposition of the estate; and whereas the Family Settlement Agreement
contained the following provisions:
"WHEREAS, said Last Will and Testament under Item Three A(2) thereof bequeaths
the remainder of decedent's estate to his Trustee..." and
"WHEREAS all parties of interest in the estate of William Thomas Leggett, Jr. have
agreed that the rest, residue and remainder of decedent's estate shall be distributed to
decedent's wife, Patricia Ennis Leggett, absolutely, and that no trusts pursuant to Item
Three A of decedent's will shall be funded..." and
"NOW THEREFORE the undersigned heirs entitled to inherit under the Last Will
and Testament do hereby acknowledge that they accept the distribution as set forth
above to decedent's wife, Patricia Ennis Leggett, in full satisfaction and payment of all
sum or sums of money, legacies, bequests, and devises as are given ..."
The real property herein described vests full title in Grantee, who is seized in fee simple.
EXHIBIT 4
GRANTOR has granted, bargained, sold, aliened, released and confirmed, and by these
presents, does grant, bargain, sell, alien, release, and confirm unto its successors and assigns,
All that certain tract of ground situate in the Borough of Carlisle, County of Cumberland,
Commonwealth of Pennsylvania, more particularly bounded and described and follows:
BEGINNING at a point on the Northern line of West South Street, being the Southeast
corner of Lot No. 19 on the Plan of Lots of the Thomas McDonald Tract, which Plan is
recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 2, Page 11; thence Northerly 225 feet to a 35 foot alley; thence
Westerly along the said alley, 75 feet to a point; thence Southerly and parallel with the
Eastern line of this Tract, and through Lot No. 20 on said Plan, 225 feet to the Northern
tine of West South Street; thence Easterly along the Northern line of West South Street, 75
feet to a point, the Place of BEGINNING.
BEING all of Lot No. 19 and the Eastern 35 feet of Lot No. 20 on the above 4 Plan of Lots.
BEING improved with atwo-story brick dwelling and atwo-car frame garage, known and
numbered as 735 West South Street, Carlisle, Pennsylvania.
BEING the same premises which William T. Leggett, Jr. and Patricia Ennis Leggett,
husband and wife, by Deed dated November 30, 1995, and recorded December 8, 1995 in
the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book
132 page 580, granted and conveyed unto William T. Leggett, Jr., Grantor herein.
And Grantor does hereby covenant and agree that she will warrant specially the property
hereby conveyed.
This is a conveyance from Executrix to Grantee surviving wife from the estate subject to
the Family Settlement Agreement and Final Release, exempt from realty transfer tax.
IN WITNESS WHEREOF, Grantor has hereunto set her hand and seal the day and year
first above written.
WITNESS
Patricia Ennis Leggett, Executrix of the
Estate of William Thomas Leggett, Jr.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss
On this, the 31St day of December, 2008, before me, a notary public in and for the County of
Cumberland, Commonwealth of Pennsylvania, the undersigned officer, personally
appeared Patricia Ennis Leggett, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public