HomeMy WebLinkAbout05-28-02TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
In Re the Estate of Herbert L Hull,
deceased
Petition for Citation to Compel Production of a Will Pursuant to 20 Pa C S A § 3137
The petition of TRACY A HULL respectfully represents that
1 Herbert L Hull ("Decedent"), died on October 29, 2001
2 Decedent's family or pnnclpal residence was at 2820 Fmrv~ew Road, Camp Hill,
Cumberland County, Pennsylvama
3 Decedent was survived by no spouse, and h~s three children, Lawrence C Hull, Tracy
A Hull and Marcia M Hull, are h~s only he~rs and next-of-k~n
4 On August 17, 2001, Decedent executed h~s wtll, a copy of which ~s attached hereto,
where~n he appointed Lawrence C Hull as Executor, w~th Marcia M Hull as alternate
executrix, and made, Inter aba, the following prows~ons for disposition ofh~s Estate
(a) Gffis of $10,000 each to Marcia Blowney, Ruth Landurm, Betty Khtzman
and Maws K~rch,
(b) Gift to Margaret R DeStephano of a hfe estate ~n a house and lot at 304
April Dr, Camp Hill, PA,
(c) Gift to Margaret R DeStephano of the beneficial ~nterest in $150,000, of
which $20,000 ~s to be paid to her within rune (9) months of Decedent's death and
the same amount to her annually until the fund ~s exhausted,
(d) Girl to Naom~ Stahlnecker of $25,000, payable to her at the rate of $1,000
per month, for hfe or until the fund is exhausted,
(e) Girl of the residue, in equal shares, to Decedent's aforementioned
children, the share of Petit~oner to be held in trust for four years from Decedent's
date of death, dunng which time $3,000 per month is to be paid to Petitioner
5 At the time of his death, Decedent owned both real and personal property located in
Cumberland County, Pennsylvania
6 Accordingly, it is necessary that the w~ll be produced for probate and letters
testamentary be granted in this jurisdiction so that the Estate can be properly
administered
7 At the time Decedent executed his will, he ~s believed to have delivered the same into
the safe keeping of his son, Lawrence C Hull, who has refused to produce the wall for
probate, although repeatedly requested to do so by petitioner
WHEREFORE, petitioner requests that a citation issue directed to Lawrence C Hull to
show cause why he should not produce for probate the last will of Herbert L Hull, dated
August 17th, 2001
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated ~/~ c~/t9 ~.~ By
S Ct #83993
2109 Market Street
Camp Hill, PA 17011
(717) - 737 - 3405
?!7~37348~ SRIDiS SHUFF MASLPHD 361 P86 PPR 29 '0~ 13:32
I, True> A. Hull, her,~by verify that the statements made ~n the foregoing Petmon
for Cilation are true and correct to the best of my information, knowledge and belief. I
understand that false statements herein are made subject to thc penalties of 18 Pa. C.S.
Scetion ,~904, relating to unswom falstfic~on to authorities.
Tracy A Hull, Pet~ttoncr
LAST WILL AND TESTAMENT
OF
HERBERT L. HULL
I, HERBERT L. HULL, now of 2820 Fairview Road, Camp Hill,
Pennsylvania, being of sound and disposing mind, memory and
understanding, do hereby make, publish and declare th~s to be my
Last Will and Testament, hereby revoking all other Wills and
Codicils previously made by me.
ITEM I: Z direct that payment of
expenses of my last illness, funeral expenses,
administering my estate from my estate as soon
ccaveniently ma~ be done.
ITEM II: I give and bequeath the sum of $10,000.00 to
each of the following persons then living, namely, Marcla Blowney,
now of 383 Front Street, Owego, NY; Ruth Landrum, now of 13410
Hedgley Place, Houston, Texas; Betty Klitzman, now of 131 North
Creek Drive, Norman, Oklahoma and Mavis Kirch, now of 114 South
Madison Street, Waunakee, Wisconsin.
ITEM III: I give, devise and bequeath to Margaret R.
DeStefano, now of 304 April Drlve, Camp Hill, Pennsylvania, a life
estate during the term of her natural life in my house and lot at
304 April Drlve, Camp Hill, Pennsylvania so long as she occupies it
all my lust debts,
and the costs of
after my death as
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as her principal residence. In the event 304 April Drlve, Camp
~lll, Pennsylvania i~ not occupied by Margaret R. DeStefano as her
principal residence then her l~fe estate in said house and lot
terminates and becomes null and void.
ITEM IV: I give, devise and ~equeath in trust to
Lawrence C. Hull, Tracy A. Hull and Marcia M. Hull, my ~hree
children, as TrUstees, the sum of $175,000_00 for the following
purp6ses, with the said Trustees to have the right to hire the
services of an attorney for legal advice:
A. $25,000.00 to be set aszde and placed ~n a certificate of
deposit or sav%ngs account with any lending lnstltution chosen
by my Trustees to be paid to NAOMI STAb.'LNECKER, now of Room
307, Roseview Home, 1251 Rural Avenue, Williamsport,
Pennsylvania, zn monuhly payments of $1000.00 each for am 10ng
as she lives or until the funds includzng income are
exhausted, provided nevertheless if she is not then living or
dies before the funds are distrzbnted then all or the residue
if any of ~hese moneys to go equally to my above named three
children.
B. $50,000.00 to be placed in a certificate of deposzt or
savings account with any lending Institution chosen by my
TrUstees ~o be used for ~he general repairs and maintenance,
taxes, insurance and replacement of appliances for 304 April
Drive, Camp Mill, Pennsylvania, so long as it ls occupied as
the principal residence of Margaret R. DeStefano, and to pay
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for maintenance and repair to one car owned by Margaret
DeStefano, provided nevertheless if Margaret R. DeStefano is
not then living er thereafter dies then all or resldue ~ any
of these moneys shall go to my above three named children.
C. $100,000.00 shall be placed ina certificate of deposit or
savings account with any lending institution chosen by my said
Trustees with $20,000.00 to be paid to Margaret R. DeStefano
within nlne (9) months from the date Of my death and
$20,000.00 annually thereafter on same date each year as date
of first payment until the moneys and income are consumed
provided never:heless that in the event Margaret R. DeStefa~o
is not then llvlng or dies before all the funds are
distributed all or the remalning moneys if any shall be paid
equally to my above three named children.
ITEM V: I give, devlse and bequeath all of the rest,
residue and remainder of my estate, of every nature and wherever
situate, together with all insurance policies thereon, into three
equal shares with one share to go to Lawrence C. Hull, my son, with
one share to go to Marcia M. ~ull, my daughter w~th the
one share to go to Lawrence C. Hull and Marcia M. Hull, my
children, in trust for Tracy A. Hall, my son, which share shall
include my house and lot on which mt is erected and an adjoining
lot situate and known as 3095 Sandalwood Lane, T~tusvllle,
wlth value thereof to be charged to this share at value fixed by an
MIA appraisal for purposes and as here!nafter set forth, with said
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Lawrence C. Hull and Marcia M- Hull hav~ng the right to elect in
writing withln 90 days of the date of my death to take in kind the
following listed real estate and have deducted from his or her
respective share the value of each as appraised value thereoi as
determined and fixed by an MIA appraiser and personal property as
appraised by an auctioneer, to wit:
A. Lawrence C. Hull, my property on H~ghway 284, Jackson
Township, Lycomlng County, Pennsylvania, near Buttonwood,
Pennsylvania, and all household furnishings, appliances, equipment
and tools as appraised by a local licensed auctioneer;
B. Marcia M- Hull, my house and lot $~tuate and known as
2820 Fairvlew Road, Camp Hill, c~mberland County, Pennsylvania
and/or my house and lot at 186 Lake Meade Drlve, Lake Meade, East
Berlin, Adams County, Pennsylvania.
C. The one share going to Lawrence C. Mull and Marcia M. Mull
as Trustees ~n trust for Tracy A. Hull shall be for a period of
four years from the date of my death with r~ght in Tracy A. Hull to
live in house and occupy adjolnzng lot known as 3095 Sandalwood
Lane, Titusville, Florida and with Trustees to pay $3000.00 a month
to Tracy A. Hull and at the end of four years to convey and
transfer the corpus and accrued income to Tracy A- Hull. In the
event Tracy A. Hull is not then llvlng or dies during said four
years then this share to go to said'Lawrence C~ Hull and Marcia M.
Hull ~n trust or remain in trust with sald Lawrence C. Hull and
Marcia M. Hull in trust equally for Garrett Herbert Hull, born
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October 7, 1992, and Morgan Elizabeth Hull, born September 5, 1995,
being children of said Tracy A. Hull, until each respectively
attains twenty-five years of age at which time one-half share of
corpus and accrued income of trust to go to him or her. In the
event either of them would die then his or her share to go to the
survivor of them.
The income and the corpus of the Trust for Garrett Herbert
Hull and Morgan Elizabeth Hull to go for their care, maintenance,
education, occupational training and to enhance any personal skills
or interest in the musical field or any other field and their
welfare to the extent other income is insufficient. My said
Trustees shall give the highest regard and credibility to the adult
person with whom said persons reside and upon request or demand of
such adult person for payment or reimbursement for present or
future expenses that involve the said items for the good and
welfare of my beneflclar~es, said Trustees are authorized to pay
such requests or demands for present and future exgenses without
any further investigation or order of court and without any further
liability or responsibility for the application of such monies
paid.
whenever each beneficiary attains the age of twenty-five (25)
years, then his or her share of Trust shall pay over to him or her.
If either beneficiary, dies before attaining age twenty-five (25),
his or her share shall go to survivor.
ITEM VI: In the event any of my children predeceases me
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or dies wlth!n nlnety (90) days of my death, then his or her share
to go equally to his or her children then living, per stirpes and
not per capita, otherwise to my surv~vlng children.
ITEM VII: I direct that any and all taxes that may be
assessed in consequence of my death, including all inheritance,
estate and transfer taxes imposed upon m~ estate passing under my
Will or otherwise, shall be paid OUt of the principal o~ my
residuary estate as a part of the expense of the admanis=ration of
my estate.
ITEM VIII: ! authorize and empower my personal
representative and Trustees to compromlze, adjust, release and
discharge an such manner as my personal representative may deem
proper, all debts and claims owed by or to me or my Estate; to
sell, lease or exchange at public or private sale or in such
manner, at such prices, and upon such terms of credit or otherwise,
as my personal representative may deem proper, all or any part of
my property, real or personal; to execute, acknowledge and deliver
Instruments of conveyance, ~ncluding deeds in ~ee simple; to borrow
money for the purpose of paying estate, inheritance or other taxes
which are required to be paid and to secure any such loans by
pledge or mortgage o£ all or any part of my property and to execute
the necessary instruments to carry out such powers; to distribute
my estate in kind or partly in money or partly an kind, and to
determine the fair value at which any property so distributed ~.n
k!nd shall be receaved by the distrlbutees; to conduct any business
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in which I have an interest at the time of my death, for such
period as my personal representative may deem proper, power to
borrow money and pledge assets of the business and the power to do
all other acts that I, mn my li£etlme, could have done, to delegate
such power to any partner, manager or employee without liability
for any loss occurring therein and to organize a corporation to
carry on said business as capital to such corporation and accept
stock in the corporation in lieu thereof and hold such stock for
the uses o~ this my w~ll, and to vote said stock or sell the same
as to my personal representative may seem best; to retain all
stocks, assets, bonds and investments Owned by me wlthout being
confined to what is known as legal investments; to execute any
options to purchase, to apply for stocks, bonds or other
investments, to purchase or otherwise acquire real estate and to
execute the sa~e powers thereover as hereinbefore provided~ to
retain indefinitely any part of my assets, real or personal, which
is or may become unproductive or to make sale thereof; to pay
carrying charges and expenses of the property out of other
prlnclpal or income of my estate; to invest and reinvest in all
forms of property without restriction to investments authorized for
Pennsy!vanla fiduciaries, as my personal representative and/or
Trustees deem proper, without regard to the p~inciple of
diversification or risk; to exercise any law-given option to treat
administrative expenses either as income tax or as estate
deductions, without regard to whether the expenses were paid from
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pledge and free
beneficiary.
ITEM IX:
by Estate or Trust
principal or income.
named personal representative and Trustees
thereto and shall be in addition and not ~n
powers conferred on said fiduciary.
Any and all payment or payments of any sum or sums, whether in
cash or ~n k~nd and whether for principal or income payable to any
beneficiary from Estate or either Trust shall be made upon the sole
receipt of the respective beneficiary to whom the payment is made
and free from anticlpation~ alkenatlon, assignment, attachment, and
from coatro! by the creditors of any such
The powers herein con~erred shall be to my
and all successors
l~mztatlon of other
All shares of principal and income hereby given
shall be free from anticipation, assigmnent,
pledge or obligation of the beneficiaries and any of them and shall
not be subject to any execution or attachment, levy or
sequestration or other claims of the creditors of said
beneficiaries or any of them.
ITEM X: I nominate, constitute and appoint Lawrence C.
Hull, my son, as the so~e ~xecutor of this my Last will and
Testament, to serve without bond. In the event of the
renunciation, death, resignation, refusal or inability to act for
any reason whatsoever of the said Lawrence C- Hull, I nominate,
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constitute and appolnt Marcia M. Hull as the Executrix of thls my
Last Will and Testament, to serve without bond.
IN WITNESS WHEREOF, I~ HERBERT L.
will and Testament,
have, to this my Last
of
Signed, sealed, published and declared by HERBERT L. HULL, the
above named Testator
~c~ , 2o~ ~ ..... ,
in'the presence of us, w~o, in
of each other, have, at
witne~se~ hereto.
~~ residing at...
Name
On the I 7~-H_ day o~
as for hzs Last will and T~stament,
his presence, and in the presence
request~ subscribed our names as
COMMONWEALTH OF PENNSYLVANIA :
COUNTy OF '~ : SS
WE, the undersigned, the Testator and the witnesses,
respectively, whose names are signed to the foregoing instrument,
being first duly sworn and quallfled according to law, do hereby
declare to the undersigned authority that we were present and saw
the Testator sign and execute the instrument as his Will, and that
he had signed willingly and that he executed it as his free and
voluntary act for the purposes therein expressed, and that each of
the witnesses, in the presence and hearing of the Testator, signed
the Will as witnesses and that to the best o4 their knowledge, the
Testator was at that time eighteen years of age or older, of sound
mind and u~der no constraint or undue influence, and I, the said
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Testator, do hereby acknowledge that I signed and executed the
instrument as my Last Wlll and Testament, that I signed it
willingly, and that ! signed it as my free and voluntary act for
the purposes therein expressed.
Wiriness
Sworn to and ~ubscribed b~fore
me this /~, day
Notary Pul~l~c
My Commission Expires:
$333.00
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