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HomeMy WebLinkAbout03-05-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENN/7SYLV// \AQNIA Estate of Mary Jane Mowery File Number QC_ / ` V / " ~/ also known as Deceased Social Security Number 196-14-3126 Donald H. Mowery Petitioner(s), who is/are 18 years of age or older, appty(ies) for: (COMPLETE 'A' or 'B' BELOW:) ® A. Probate and Craot of Letters Tes~mentary and aver that Petitioner(s) is /are the Executor named in the last Will of the Decedent dated October 1, 2008 and codicil(s) dated n/a (State relevan! clrcumstmmes. e.g.. renunciation. depth ofexeartar, e!c) Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the instrument(s) offered for probate, was not [he victim of a killing and was never adjudicated an incapacitated person: .mss ^ B. Grant of Le[[ers of Administration (lfapp[icable, enter: a[.q.; d. b.n.ata.; pendente life; durgn(e gbsenlia; Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the Administration, c t.a. ord.b.n.c.t.a., enter date ojWil(in Section A above and complete list ojhe/rs.) an~tand he[PS~ (If c _ _. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at 1000 W South Street, S. Middleton Township Carlisle PA (List street gddress, town/city, township, eognry, store, zip code) Decedent, then 88 years of age, died on February 28, 2009 at Carlisle Regional Medical Center, Cumberland County, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 50,000.00 (If no[ domiciled in PA) Personal property in Pennsylvania $ Qf not domiciled in PA) Personal property in County $ Value ofreal estate in Pennsylvania $ situated as Total 50,000.00 Porm aw-oz rev. [n.l3_ne Page 1 of 2 (COMPLETE /N ALL CASES:) ABachadditiona[sbeetsijnecessary. Wherefore, Petitioner(s) respectfully request(s) [he prohate of the leer Will and Codicil(s) presented with this Petition and [he tp'ant of Iztters in the appropriate form ~o Oath of Personal Representative COMMONWEAL OF PENNSYLVANIA be.r «d sS COUNTY OF The Petitioner(s) above-named swear(s) or affirm(s) that Che statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as administer the estate according to law. Swom to or affirme]d,,a~nJ.d~subscribed before me tine ~l day of ' `{ .', rt Reg representative(s) of the Decedent, Petitioner(s) will well and tmly Signature afPersonal Represenmfive Signature pf Personal Representative ;y~~ - - r J~ rn :.~:_ :i~yw File Number: "'"4 '~. ~ O CJ1 Estate of Mary Jane Mowery ,Deceased Social Security Number: 196-14-3126 Date of Death: Febmarv 28 2009 AND NOW, ~~ ~-, ~ to consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Donald H. Mowery in the above estate and that the instrument(s) dated October 1, 2008 described in the Petition be admitted to probate and filed FEES Letters ............... $ ~~ Short Certificate(s) ........ $~ Renunciation(s) .. $ ~..... $~ $ W $~ ... $ TOTAL .............. $ Attomey Signature: ~ v Attomey Name: Elizabeth P. Mullaugh Supreme Court I.D. No.: 76397 Address: McNees Wallace & Nurick LLC 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 Telephone: (717) 237-5243 Form RW-OZ reg. ro.ls,oh Page 2 of 2 r, -.~ . ~ . ~ ,. LOCAL REGISTRAR'S CERTIFICATION OF DEATNi WARNING: It is illegal to duplicate this copy by photostat or photograph. I~ec 1'or This celTificate. $6.U(1 F' 1~2~6644 -- _ Certification Vumber 'This i, lu celTily Ihat the in(urmatiun here Plvcn is con-cctly copied liuln art ulriginal CertiGrde of Death duly (ilcd with me m: Local Registrar. The original certificate will he Rnwanled to the Slate Vital Records OI Gee for pelrnunent Ming. / VS\N ~~0a.c~e> \Dr~c~X• MA~ 2~ppg __ _---- Local Registrar IJate I>sued N 0 ~o ~ .,_. ~ ~ ~ ~ _: a i ~' .: ; T ~ .. I~1~1 ~ ~ C. 11 S _l _ D O CJT HIfS~Ia]xFI IVMT NPEIPPIM IN PEfOMNEM eucn wx x COMMONWEALTN OF PENNSYLVANIA• DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH !Sm InarmMlnna antl exeTOIBO Ox FBVBI80) eisie a e ui 1. WmedoueaxlFrm, ni1L, ma. s~Ahl RSU 15aueI5BNmy NUrew a. oemdoew llMN. eay. yBBt/ female 196 -14 - 3126 February 28, 2009 Mary Jane Mowery s.Iye llmx ambryl Lna.1 EVM1m e.Maaim lMmm. ay, .p r. Icrvve awa calm m. wwaoeeln lcF.am a+l m ea 88yrs. I"'aa October 23, 1920 Carlisle, PA wPlml: o n xan ~M4wn OEPI0.tlgNM QWP ^xleirq Xtm ^Pawa,w []OIIe,~5Fea1y: Yn . • w.wwyal w.m x. caY ma.rwaauw m. Famy xmalxmlreealmv pNammaMn.roal awm MwanldxLyann wgnv ®xo ^rm la.xmMrebnllYyn, EMd, wMla..m. Piw..awChcwee IEPeand white Cumberland S. Middleton Twp. Carlisle Regional Medical Center Mevkn, Pwim flbn, eC.l ll,dulnl'e UeW xMWMM nMtl - IM.MMede 12.WUUmdr.sw FYn I&bteYMBEWw4an (SPxlfy wfylPaMlpebmi{Nb01 1a.1.MrIb19Me-MCMe].Hrvx MekeE. 15.5urcrFOSb ee In Wm, q'w meMMn vrq) wbvwd OxwwelE~war11 KMdVM NYE d&uYamlYtlWy VS.Nma]Fwwfl EMRmNry/SwnNry1612 Cale lti or 5. divorced 2 Secretary contractor yrs. ^w. FJw teouanre MMlwemamiswE xryr w,l. ems. aPmm1 IaNe..+'e uwe..neaed na~v.. oamaml omen ma. 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S.HNIBVaI. S~mG r I~ I I loll I I~ I ~ Dr. Chintu Sharma F ., islE olyNmanPmnl xo. ~ 3 ~ ~~~ LAST WILL AND TESTAMENT OF MARY JANE MOWERY I, MARY JANE MOWERY, of Cumberland County, Pennsylvania, make this Will, hereby n o revoking all my former Wills and Codicils. ~o a 17 _ Sa. %i7 :~ m i V ARTICLE ONE "`-' `l TI TANGIBLE PERSONAL PROPERTY ~~ D ~ N O § 1.1 I bequeath all my tangible personal property, including by way of illustratioNbut not by way of limitation, my household furniture and furnishings, paintings, books, automobiles, jewelry and personal effects, exclusive of any such property used in a trade or business, in accordance with the terms of a signed and dated memorandum I may prepare. If no such memorandum is received or located by my Executor within sixty (60) days after being appointed as such, after a reasonable search for such memorandum, my Executor shall be held harmless for distributing such assets as hereafter provided. I bequeath any such property not disposed of by such memorandum, or all of such property if no such memorandum is so received or located, to my son, DONALD H. MOWERY ("My Son"). Any items not so selected shall be sold and the proceeds shall pass as a part of my residuary estate. § 1.2 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. § 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by the Executor as an administrative expense of my estate. 7 ~l l :3 ~ ~ l 1 ~1 _. .T (A1363582:'I} ARTICLE TWO SPECIFIC BEQUESTS § 2.1 I make the following bequests to the following persons who survive me: § 2.1.1 I am making no provision for my granddaughter, Carey Campbell, as I have made lifetime gifts to her in full satisfaction of the amount she would otherwise have received hereunder. § 2.1.2 Seventy-five Thousand Dollars ($75,000.00) to my grandson, Andrew D. Mowery. § 2.1.3 Seventy-five Thousand Dollars ($75,000.00) to my granddaughter, Lisa A. Mowery. § 2.1.4 Twenty-five Thousand Dollars ($25,000.00) to my daughter-in- law, Marjorie M. Mowery. § 2.1.5 Ten Thousand Dollars ($10,000.00) to my niece, Diane Hollinger. § 2.1.6 Ten Thousand Dollars ($10,000.00) to each of my great grandchildren, Joshua Byron Johnson, Kaleb Campbell, Cole Alexander Mowery and Grace Elizabeth Clark, who survive me. Such amounts shall be distributed subject to the provisions of §g.3 herein. ARTICLE THREE RESIDUE § 3.1 I devise and bequeath all the rest, residue and remainder of my estate to My Son, DONALD H. MOWERY, if he survives me. If My Son does not survive me, such assets shall be distributed to Andrew D. Mowery, Lisa A. Mowery and Carey Johnson, in equal shares, or to their then living issue, per stirpes. ARTICLE FOUR APPOINTMENT OF FIDUCIARIES (A7363582:1} -2- § 4.1 I appoint My Son, DONALD H. MOWERY, as Executor of this Will. If My Son is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint my daughter- in-law, MARJORIE M. MOWERY, as successor Executrix. All references herein to the "Executor" shall mean my originally appointed Executor or my successor Executrix, as the case may be. § 4.2 I appoint the then serving Trustee as Guardian of the estates of any minor beneficiaries under this Will, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem advisable for the best interests of the minor, including preparatory, college and graduate education, and professional, vocational or technical training, without securing a court order. ARTICLE FIVE POWERS OF FIDUCIARIES § 5.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. § 5.2 Any such fiduciary shall have, without restriction or qualification, all powers given by law, including without limitation those under the Pennsylvania Probate, Estates and Fiduciaries Code, in addition to the following powers: § 5.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments. § 5.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security. {A1363582:'IJ -3- § 5.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property. § 5.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery. § 5.2.5 To engage in litigation and compromise, arbitrate or abandon claims. § 5.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values. § 5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby. § 5.2.8 To determine the apportionment of receipts and expenses, including extraordinary cash dividends, stock dividends, capital-gain dividends of regulated investment companies and proceeds and expenses of the sale of unproductive real estate, between income and principal, such apportionment to be made so as to balance fairly the interests of any income beneficiary and the remaindermen. § 5.2.9 To allocate, in the Executor's sole and absolute discretion, any portion or all of my exemption under Section 2631(a) of the Intemal Revenue Code ("My GST Exemption"), to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death. § 5.2.10 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. § 5.2.11 To make any election available under the tax laws, including the power to make an election to qualify any trust created hereunder as a Qualified Subchapter S Trust ("ASST") or an Electing Small Business Trust ("ESBT"). § 5.2.12 With respect to any trust hereunder that holds shares of stock in any S corporation, as defined by § 1361 of the Internal Revenue Code ("S Corporation stock"), to segregate such S Corporation stock from the other assets {A1363582:1} -4- of any such S Corporation trust, to hold such stock in a separate trust under similar terms and conditions, and to take such actions and make such elections as may be reasonable necessary to qualify any such separate trust as a permitted S Corporation shareholder under § 1361(c)(2) of the Internal Revenue Code. ARTICLE SIX PROVISION FOR TAXES § 6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Three of this Will, and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest. Notwithstanding any provision of this Article Six to the contrary, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover that I possess but have not exercised or any qualified terminable interest property. ARTICLE SEVEN PROVISION FOR DEBTS AND EXPENSES § 7.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article 3 of this Will. {A1363582'1} -$- ARTICLE EIGHT BUSINESS INTERESTS § 8.1 In the event any business interest should be an asset of my estate, whether the same involves a proprietary interest, a partnership interest, a membership interest or stock in a closely held corporation, whether wholly owned, controlled by me or owned in substantial part by me, I authorize the Executor and Trustee, as the case may be (hereinafter referred to as the fiduciaries), subject to the terms of any agreement I may have made for the sale of my interests, to continue said business until such time as the fiduciaries shall deem it advisable to sell, to liquidate or to distribute the same in kind. With respect to any sale or exchange of the stock of any such business interest and in the absence of any such agreement entered into by me prior to my death, I direct the fiduciaries to consider and to determine the appropriateness of a sale or redemption of such stock in accordance with Section 303 of the Internal Revenue Code to the business entity and a possible deferral of federal estate tax payments under Section 6166 of the Internal Revenue Code. It is my desire that to the extent possible any business interest that I may own at the time of my death be continued or disposed of only in an orderly manner so as to maximize the proceeds of any disposition. If an election under the foregoing provisions will effect such desire, the fiduciaries are encouraged to pursue such election if the fiduciaries deem such election also to be in the best interests of my estate and the beneficiaries thereof. The fiduciaries shall have all rights and powers in connection with such business as I had when living, including specifically the power at any time and from time to time to operate or to join in the operation of the same as a going concern, to form or to reform a general or limited partnership or limited liability tympany, to incorporate or to reincorporate and to liquidate or to sell the same or any part thereof as the fiduciaries deem it advisable for the best interests of my estate and of the beneficiaries thereof without the necessity of any order of court and without any liability for loss resulting from the operation of said business except when such loss is the result of gross negligence or fraud on the part of the fiduciaries. ARTICLE NINE MISCELLANEOUS PROVISIONS § 9.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. § 9.2 If any person and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if such person had predeceased me. § 9.3 Whenever a fiduciary is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-five (25) years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in good faith), the fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act to be held until such beneficiary reaches twenty-five (25) years of age, may distribute such property to the guardian of such beneficiary's estate, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the fiduciary to see to the application of such property. {A1363582:1} -7- This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. § 9.4 An individual fiduciary shall receive compensation in accordance with the law of Pennsylvania in effect at the time of payment, unless the fiduciary waives compensation. IN WITNESS WHEREOF, I, Mary Jane Mowery, being unable to sign my name because of infirmity, have had my name subscribed for me by and I have made my mark in the space between my name this ~~ day of October, 2008. IL7 e ~ owe ' (SEAL) MARY AN MOWER , her m rk On this ~~ day of October 2008, the above named MARY JANE MOWERY, being unable to sign her name because of infirmity signed by mark, sealed, published and declared this as and for her Last Wi11, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. ~~~~G"~`==~~~, ~~ll,~~~° Residing at ~~ 7 ~~O> "'r'C.~~ ~~', ~~~1~-~.~le~ ~~t /7G~S ~,- Residing at ~~ ' CP ~ ~n~,~.~ ~1,~~~c3 ~~ ~~'S COMMONWEALTH OF PENNSYLVANIA p ss. COUNTY OF ~,umb~rlOr~ We, MARY JANE MOWERY, the testatrix, ~Xif~G(~ ~ • ~§ni fa'~ and ~ne~ eta ,the witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed by mark and executed the instrument as her Last Will; that the testatrix signed by mark willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatrix signed the Will as a witness and that to the best of his or her knowledge the testatrix was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. MARY JAN O ERY 4 Witness ~~ Witnes Subscribed, sworn to and acknowledged before me by MARY JANE MOWERY, the testatrix, and subscribed and sworn to before me by 'I~Yry9rCt }~ • ~~QniC~?J and ~I,enee l~b~ ,the witnesses, this ~~ day of October, 2008. I~tary Public (SEAL) NOTARY EAL BIIwrQ~~Mnd (A1363582:1} '9'