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HomeMy WebLinkAbout01-22-09LAW OFFICES JOSEPH L. RIDER WILLIAMSPORT, PA 17703 IN THE ESTATE OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GEORGE M. SONES, ORPHANS' COURT DIVISION DECEASED NO. ~,~ PETITION FOR SETTLEMENT' OF SMALL ESTATE-? ~~ ~ -~, ~ _~~ i=w, - TO THE HONORABLE, THE JUDGES OF SAID COURT: 'c`~ ~` r, t^ .; rl f`~~ ~`: ~,~ (v The Petition of HELEN C. TURNER GROFF respectfully represents:- .I ` ~'~ ~ , ct .~, , ~: 1. This Petition is filed in accordance with the provision of X3102 of the Promote, Esfates and~~ Fiduciaries Code of 1972, 20 Pa. C.S.A., §3102, as amended. -~~~ ~ c~ ~`'~ w 2. GEORGE M. SONES, the above-named decedent, died testate on March 1, 2008. at 110 P.M., at the age of 85 years, domiciled at 5225 Wilson Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Attached hereto, made a part hereof and marked Exhibit "A" is the original Will of said decedent, dated the 26t~ day of July, 1973. Under ~[1 of said Will, the decedent bequeathed his entire estate to his sister, MARY H. TURNER, and her children, HELEN C.. T1~RNER GROFF and GEORGr M. TURNER, in equal shares. MARY H. TURNER died on April 4, 1974 leaving as her sole surviving issue HELEN C. TURNER GROFF, and GEORGE M. TITRNER. GEORGE M. TURNER died un February 11, 2008 leaving as his sole surviving issue his daughter LE.XA R. ROBESON. 4. Paragraph 2 of said decedent's Will, provided that if any named beneficiary failed to survive the subject decedent the share passing to such deceased individual will pass to the issue of the deceased beneficiary. 5. NOR"fHERN CENTRAL BANK AND TRUST COMPANY, predecessor by merger to MANUFACTURES & TRADERS TRUST CO. who was nominated as Executor under T6 of the decedents Will has renounced in favor of HELEN C. TURNER GROFF, one of the residuary beneficiaries. Attached hereto, made part hereof and marked Exhibit ``B" is the Renunciation of M&"T Trust Company. 6. N~ Letters of Administration have been granted to any person or personal representative of the estate of said decedent and your Petitioner does not intend to apply for a grant of such letters. 2 7. The property of the decedent consists of the following: (a) Commonwealth Annuity & Life Insurance Company, Life Insurance Policy numbered 50608791, date of death value 7,916.42 (b) Holy Spirit Hospital, refund 69.00 (c) Provider Services, refund 11.77 (d) Department of the Treasury, 2008 Economic Stimulus check _ 300.00 TOTAL 8,297.19 LAW OFFICES JOSEPH L. RIDER WILLIAMSPORT, PA 17703 8. Expenses (all of which are proper charges against the estate) will be paid in accordance with the Pa. Inheritance Tax Return herewith filed for the account of the Estate of said decedent, as follows: (a) Helen C. Turner Groff reimbursement for payment to J. E. Gibbons Memorial Co., grave marker 950.00 (b) Hampden Physician Associates, medical services 59.36 (c) Glenda Farner Strasbaugh, Register of Wills, tiling fee for Petition to Settle Small Estate, Renunciation and PA Inheritance Tax 35.00 (d) Joseph L. Rider, Esquire, attorney s fee 415.00 (e) Joseph L. Rider, Esquire, reimbursement for cash disbursements _ 56.66 TOTAL 1,516.02 leaving a balance of $6,781.17 in the estate. 9. Other than the items set forth in ¶8 there are no unpaid claimants of whom your petitioner has notice or knowledge. 10. There is no inheritance tax due the Commonwealth of Pennsylvania and there is no estate tax due the United States Government in said estate. 11. Your petitioner and Lexa R. Robeson who are the only parties in interest in the residuary estate are sui juris. 12. Attached hereto and marked Exhibit "C" is the Consent of Lexa R. Robeson. WHEREFORE, your petitioner prays your Honorable Court pursuant to §3102 of the Probate, Estates and Fiduciaries Code of 1972, 20 Pa. C.S.A., §3102, as amended, to award distribution of the assets in the amount of $8,297.19 to Joseph L. Rider, Trustee, who shall pay all bills set forth in ¶8 and distrii31z*e the balance to your Petitioner and Lexa R. Robeson in equal shares as residuary beneficiarie;~ t.e~,dYr i.he Will of the subject decedent. j y 1 ~~.r.e ~~ . ~~l~C.~l.~-eh~ Helen C. Turner Groff l/ 3 COMMON VI-'EALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND HELEN C. TURNER GR~ OFF, the within petitioner, being duly sworn according to law, deposes and says that the facts ~.~+ ie~r~h in the foregoing Petition are true and correct to the best of her info~-lriatlon, knowledge ~ ~,~ "'c:.~iet. ~~'~~~,._ ~ . ~lc~~e.~ Helen C. Turner Groff Sworn to and subscribed before me this '_~~--t-~'-day of ~~-EiuR--~-(Z , 2008 / ~ ~ /// f- ZG" = ~~ -- -- - Notar/~~~(~P/ub((yylic//~~(( rp c ~~/! jj IiUtJ(IVI V{~~MVi:fti t_i F-~ 47}- r~r:.1~i PV~S~I_V/l~lt~ Nciarial Seal ~ Katie G. ReE~J, Notary Public Silver Spring Twp., Cumberland County My Commission Expires May 15, 2010 ~ Member. Penng,r„,,;,, , r,<,~ ,~.; r,,.~~ ~ticn of Notaries LAW OFFICES JOSEPH L. RIDER WILLIAMSPORT, PA 17703 LAST WILL AND TESTAMENT I, GEORGE M. SONES, of the City of Williamsport, County of Lycoming, Commonwealth of Pennsylvania, do hereby make my last will and testament and revoke all wills by me at any time hereto- fore made. 1. GIFT OF ENTIRE ESTATE. I give, devise and bequeath all of my estate, real and personal, in equal 1/3 shares to my sister, MARY HELEN TURNER, my niece, HELEN C. TURNER GROFF, and my nephew, GEORGE M. TURNER. 2. NON-LAPSE. If any of the above-named beneficiaries shall fail to survive me and shall leave issue surviving me, the devise and bequest to such named beneficiary shall pass to such surviving issue, who shall take, per stirpes, the share which their deceased ancestor would have taken had he or she survived me. 3. TAXES. I direct that all estate, inheritance, and succession taxes shall be paid out of my residuary estate to the same effect as if said taxes were expenses of administration. By way of illustration, but not of limitation, I direct that any of said taxes arising out of property passing under this will, or any codicil hereto, gifts, powers of appointment, joint estates, estates by the entireties, insurance proceeds, or other insurance moneys, shall be paid out of my residuary estate. 4. RESTRAINT ON ALIENATION. I direct that all legacies and all shares and interests in my estate, whether principal or income, while in the hands of my personal representative or the guardian herein appointed, shall not be subject to attachment, execution, or sequestration for any tort, debt, contract, obliga- tion, or liability of any legatee or beneficiary, and shall not be subject to pledge, assignment, conveyance, or anticipation by any legatee or beneficiary. LAW OFFICES JOSEPH L. RIDER WILLIAM9PORT, PA. 17701 Exhibit "A" 5. GUARDIAN. I appoint NORTHERN CENTRAL BANK AND TRUST I COMPANY, Williamsport, Pennsylvania, guardian of any property which passes to a minor under this will, or any codicil hereto, or otherwise than under this will and with respect to which I am authorized to appoint a guardian by will. Such guardian shall have the power to use principal as well as income from time to time for the minor's support, welfare, and education, including an education at an institution of higher learning, and shall serve without bond. 6. PERSONAL REPRESENTATIVE. I appoint NORTHERN CENTRAL BANK AND TRUST COMPANY, Williamsport, Pennsylvania, executor of this will. 7, FIDUCIARY'S POWERS. I direct that my personal repre- sentative and the guardian herein appointed, in addition to and not in limitation of any authority given to the same by law, steal have the following powers: (a) For the payment of debts or for any purpose of administration or distribution, to sell, mortgage, lease, alter, improve, partition, and exchange all or any of my property, real or personal, at any time during 1 tion of my estate, or the continuance of said the administra guardianship, and at the termination thereof for purposes of distribution, selling at public or private sale without an order of court for such prices and upon such terms as to cash and credit as said fiduciary deems best, and to grant and convey good and sufficient title, without liability on the part of the purchasers to see to the application of the purchase or consideration moneys, any statute, rule, or case law to the contrary notwithstanding. (b) To retain for distribution in kind all stocks, bonds, and other investments made by me, or in the absolute discretion of said fiduciary, to convert the LAW ^FFIDE9 JOfiEPH L. RIDER WILLIAMfiPORT~ PA. 17741 - 2 - Exhibit "A" same into cash, whether or not such conversion is necessary, any statute, rule, or case law to the con- Crary notwithstanding. (c) To retain as investments of the guardianship all stocks, bonds, and investments owned by me and to invest and reinvest in other stocks, bonds, shares in mutual investment trusts, common trust funds, and other investments, without being confined to what are known as "legal investments" and to sell and transfer the same, either in person or by attorney, without liability on the part of the purchasers to see to the application of the purchase or consideration moneys. 8. CONSTRUCTION. I direct that the headings at the begin- nings of paragraphs in this will are for rapid reference purposes lonly and shall be disregarded in the construction of this instru- ment unless the context clearly indicates otherwise. IN WITNESS. WH£~tEOF, I have hereunto set my hand and seal this ~ day of ~-~_ ~;.. c.C'~ - 1973 .~~ ~~~ 'YYt --~ 4l'LQ,C},~ ( SEAL ; George M. Sones Signed, sealed, published, and declared by the above- named testator as and for his last will and testament in our presence, who, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. ' ' Joseph ider LAW ^FFICE6 JOSEPH L. RIDER WILLIAM9PDRT, PA. 177D1 JLR:mam Exhibit "A" RENUNCIATION REGISTER OF WILLS Cumberland COUNTY, PENNSYLVANIA Estate of orge M. Sone Deceased Manufacturers & Traders Trust Company ~, Successor b Merger to Northern Central Bank & Trust C s (Print Name) ,oin capacity/relationship as Executor of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Helen C. Turner Groff Manufacturers & Traders Trust Co. ~~.3 ~ ~~~ ~... (Dale) (Signature) 01 G1PGt Third Street (Street Addresa) ~_ Executed in Register's Office Sworn tt, er affirmed and subscribed before me this day of Deputy for Register of Wills Form RW-06 ~-ev. /0.!3.06 Exhibit "B" Williamsport, PA 17701 (City, State, Zip) Executed out of Register's Office 3efore the't'~dPr~igneza rerse:~ally appeareu the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this _ o~c/ day of ~Clit/E a~08 ~ ~ ~,~~a Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) COMMONWEALTH 8F ~ NSYLVANIA Notarial Seal Brenda L. Welsttans, Notary Public City of WlNiamsport, Lycomirg County My Commission ExpMas March 1, 2012 Member, PennsylvaMa AssoclaVon of Notaries IN THE ESTATE OF G-FORGE M. SONES, DECEASED IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY ORPHANS' COURT DIVISION ' FILE NO. CONSENT I, LEXA R. ROBESON, having read a copy of the within Petition do hereby consent to the prayer of the within Petitioner. r LCXa .I~obe.so LAW OFFICES JOSEPH L. RIDER WILLIAMSPORT, PA 17703 Dated: ~'1G~~,t~~ "Exhibit C" 5