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HomeMy WebLinkAbout04-14-09IN RE: JEANETTE B. BROWN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- a ~ -Uq- 03~-1~ ORPHANS' COURT DIVISION PETITION FOR PROBATE OF LOST WILL 1. Robert L. O'Brien, Esquire is an attorney with a law practice at O'Brien, Baric and Scherer, 19 West South Street, Carlisle, Pennsylvania. 2. Jeanette B. Brown of Mount Holly Springs, Pennsylvania was a client of Robert L. O'Brien, Esquire for a number of years dating back to the 1980's. 3. Jeanette B. Brown passed away the week ending April 10, 2009. Her decomposing body was discovered in her residence at 901 Sandbank Road, Mount Holly Springs, Pennsylvania 17065. 4. Ms. Brown's home was filled with an enormous amount of trash and debris. The search for the original Will unsuccessful. The coroner of Cumberland County, Michael Norris, has custody and control of the body of Jeanette B. Brown. Mr. Norris cannot release custody and control of Mrs. Brown's remains until such time as next of kin are located or letters are granted in an estate. Mr. Norris continues to search for the original will. 5. Petitioner, who has contacted people who were close to Jeanette B. Brown, as well as from his contacts with her over the years, believes that ,~~ette l~ ~:~ ..r~ "~ Brown has no next of kin ~ -- ~ ~ f ,;. f, ;- ~ ; . __ A ~ , _ . .__ =.. r..F.i -- -, -; , ~ _~ ~ :,~ ~~ _~ ~ ~ ~ ~; _ _ , ~; r 3' ~ ~> _. ~ 6. According to the records in Petitioner's office, he prepared a Will for Jeanette B. Brown on or about May, 2002. In that Will, Ms. Brown appointed Petitioner and John Ile as co-executors of her Last Will and Testament. A copy of that Will is attached to this Petition. 7. Petitioner recalls that he met with Ms. Brown and that the Will was signed and witnessed and the original was given to Ms. Brown. 8. In February, 2008, while Petitioner was away from his law practice, Ms. Brown met with Robert J. Dailey, Esquire, of the law firm to revise her Will. Petitioner's staff reports that Jeanette B. Brown was in failing health at that time and that a Will was prepared by Mr. Dailey and mailed to her. That will contained some modifications to the Will but retained John Ile and Robert L. O'Brien, as executors of this Will. A copy is attached to this petition. 9. Jeanette B. Brown did not come to the office to sign this Will and Petitioner believes that the prior Will from 2002 was and remains the valid Last Will and Testament of Jeanette B. Brown. 10. Jeanette B. Brown's body is at Hoffman Roth Funeral Home and the grant of letters is requested so that the remains can be released and a funeral, which she had discussed with John Ile, her pastor who has since retired, can be duly conducted and that she can be interred with her husband and child at the Union Cemetery in Carlisle, Pennsylvania on Friday, April 17, 2009. WHEREFORE, Petitioner respectfully requests that the Register of Wills grant letters testamentary to Petitioner and John Ile in reference to Jeanette B. Brown, deceased in April, 2009. Date: 'f ~ ~; `~ Respectfully Submitted, O'BRIEN, BARK & SCHERER _~ ~ %~ Robert L. O'Brien, Esquire I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Robert L. O'Brien, Esquire LAST WILL AND TESTAMENT OF JEANNETTE B. BROWN I, Jeannette B. Brown, of Cumberland County, Pennsylvania, beinc of sound mind, memory and understanding, do hereby make, publish and decl~ this as and for my Last Will and Testament, hereby revoking all other wil: and codicils heretofore made by me. FIRST I direct the payment of my debts and the expenses of my last illness and funeral from my estate as soon after my death as conveniently be done. I have preplanned my funeral and all other arrangements associai with my death with Hoffman Roth funeral home. SECOND I make the following specific bequests: A. My collection of Native American items shall be given to Susquehanna University to be disposed of by those persons associated with trust created to assist Native Americans. B. All my jewelry, furs, sterling silver and china to Anna Mae Ile C. My bible collection and books to Reverend John Ile. If possiblE I would like him to display the bible collection during World Bible Week. D. My electric player piano with rolls and the Wurlitzer electric organ with speaker, to the Reverend John and Anna Mae Ile. THIRD I give, devise and bequeath the rest, residue and remainder of my estate of whatever nature or wherever situate to Reverend John Ile Robert L. O'Brien, Esquire, or the survivor, in trust, for them to distri~ to the local charitable organizations that I have been associated with. decision shall be final and in their discretion they may give to one, a fE or many of the organizations, in such amounts as they determine. In the c that they reach an impasse on a distribution, the Court shall appoint a lc minister to provide binding arbitration. FOURTH I direct that no trustee, personal representative, guardian or other fiduciary named, nominated, or appointed by this my Last Will and Testament shall be required to post any bond or give any security of any 1 for any purpose whatsoever, any law or rule of the court of the Commonwea: of Pennsylvania or any other jurisdiction to the contrary notwithstanding FIFTH My personal representative shall have the following powers in addition to those vested in them by law and by other provisions of this w. applicable to all property, real, personal or mixed and wheresoever situal including property held for minors, whether principal or income, exercisa} without court approval, and effective, with respect to each item of said property until actual distribution thereof. A) To retain, as investments of my estate or trust, any or all assets of my estate, real, personal, or mixed, without regard to any print of diversification, and to purchase and acquire real or personal property to hold any or all of such real and personal property retained or acquirec without making the same productive of income. B) To pay all taxes, charges and expenses of maintenance, upkeE improvements, development, protection, preservation and investment of any retained or acquired real or personal property, such payments to be made either principal or income as my personal representative shall determine. C) To retain or invest any and all funds, whether principal or income, in any real or personal property without restriction to legal investments; to purchase investments at premiums; to exercise all rights c security holder or share holder in any corporation; and to lease, mortgagE pledge, give options upon or sell at public or private sale and without approval of any court, any real or personal property, or portion or Aortic thereof, irrespective of the manner or the means by which the same was acquired by my said personal representative. D) To make payment or distribution herein provided for in cash, kind or partly in cash and partly in kind, at valuations fixed by my persc representative at the time of distribution. SIXTH Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to an heir, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation, assignment, pledge, or obligations of any beneficiary and shall not be subject to any execution or attachment. SEVENTH I appoint Reverend John Ile and Robert L. O'Brien, Esquire, as Co-Executors of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first three (3) of which bear my signature in the margin for the purpose of identification, this day of 2002. (Seal) JEANNETTE B. BROWN Signed, sealed, published and declared by the above named testatrix, Jeannette B. Brown, as and for her Last Will and Testament, in the presence of us, who, at her request, in her sight and presence, and in the sight and presence of each other, have hereunto subscribed o ur names as witnesses. DDRESS DRESS COMMONWEALTH OF PENNSYLVALVIA SS. COUNTY OF CUMBERLAND . We, Jeannette B. Brown, and the testatrix and the witnesses, respectively, 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 and executed the instrument of her Last Will and Testament, and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as witnesses, and that to the best of their knowledge, the testatrix was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this 9th day of May, 2002. Law Offices O'BRIEN, BARK B~ SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer Robert J. Dailey Jeannette B. Brown 890 Sandbank Road Mt. Holly Springs, Pennsylvania 17065 RE: Will Dear Jeannette: Enclosed please find a draft of your updated Will. (717) 249-6873 Fax (717) 249-5755 E-mail: t~dailey~c~obslaw.com February 11, 2008 I have highlighted the specific bequests you wanted to add to your Will. Please look over the document carefully to make sure no errors were made and contact my office to schedule an appointment to meet with me when you are ready to sign your new Will. I look forward to hearing from you soon. RJD/alb Enc. cc: File rjd.dir/wills/brown/brown.ltr Very truly yours, O' Ro LAST WILL AND TESTAMENT OF ./EANNETTE B. BROWN I, Jeannette B. Brown, of Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking all other wills and codicils heretofore made by me. ITEM ONE: I direct the payment of my debts and the expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. I have preplanned my funeral and all other arrangements associated with my death with Hoffman Roth funeral home. ITEM TWO: I make the following specific bequests: A. My collection of Native American items shall be given to Susquehanna University to be disposed of by those persons associated with a trust created to assist Native Americans. B. All my jewelry, furs, sterling silver and china to Anna Mae Ile. C. My bible collection and books to Reverend John Ile. If possible, I would like him to display the bible collection during World Bible Week. D. My electric player piano with rolls and the Wurlitzer electric organ with speaker, to the Reverend John and Anna Mae Ile. E. My Ford Taurus vehicle to Larry Washington. Page 1 of 5 F. A one time payment of $100 to each of the following individuals for their services to me: (1) Joanne Palmer, for caring after my house; (2) Ruth Hodge for singing at my funeral; and (3) Mildred Jones for playing the organ at my funeral. ITEM THREE: I give, devise and bequeath the rest, residue and remainder of my estate of whatever nature or wherever situate to Reverend John Ile and Robert L. O'Brien, Esquire, or the survivor, in trust, for them to distribute to the local charitable organizations that I have been associated with. Their decision shall be final and in their discretion they may give to one, a few, or many of the organizations, in such amounts as they determine. In the event that they reach an impasse on a distribution, the Court shall appoint a local minister to provide binding arbitration. ITEM FOUR: I direct that no trustee, personal representative, guardian or other fiduciary named, nominated, or appointed by this my Last Will and Testament shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of the court of the Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstanding. ITEM FIVE: My personal representatives shall have the following powers in addition to those vested in them by law and by other provisions of this will, applicable to all property, real, personal or mixed and wheresoever situate, including property held for minors, whether principal or income, exercisable without court approval, and effective, with respect to each item of said property until actual distribution thereof. A. To retain, as investments of my estate or trust, any or all assets of my estate, real, personal, or mixed, without regard to any principal of diversification, and to purchase and Page 2 of 5 acquire real or personal property and to hold any or all of such real and personal property retained or acquired without making the same productive of income. B. To pay all taxes, charges and expenses of maintenance, upkeep, improvements, development, protection, preservation and investment of any retained or acquired real or personal property, such payments to be made from either principal or income as my personal representative shall determine. C. To retain or invest any and all funds, whether principal or income, in any real or personal property without restriction to legal investments; to purchase investments at premiums; to exercise all rights of a security holder or share holder in any corporation; and to lease, mortgage, pledge, give options upon or sell at public or private sale and without approval of any court, any real or personal property, or portion or portions thereof, irrespective of the manner or the means by which the same was acquired by my said personal representative. D. To make payment or distribution herein provided for in cash, kind or partly in cash and partly in kind, at valuations fixed by my personal representative at the time of distribution. ITEM SIX: Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to an heir, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation, assignment, pledge, or obligations of any beneficiary and shall not be subject to any execution or attachment. Page 3 of 5 ITEM SEVEN: I appoint Reverend John Ile and Robert L. O'Brien, Esquire, as Co- Executors of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first three (3) of which bear my signature in the margin for the purpose of identification, this day of 2008. JEANNETTE B. BROWN (Seal) Signed, sealed, published and declared by the above named testatrix, Jeannette B. Brown, as and for her Last Will and Testament, in the presence of us, who, at her request, in her sight and presence, and in the sight and presence of each other, have hereunto subscribed our names as witnesses. ADDRESS ADDRESS Page 4 of 5 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, Jeannette B. Brown, and the testatrix and the witnesses, respectively, 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 and executed the instrument of her Last Will and Testament, and that she signed willingly and that she executed as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as witnesses, and that to the best of their knowledge, the testatrix was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. Sworn to and subscribed before me this day of , 2008. Page 5 of 5