Loading...
HomeMy WebLinkAbout04-16-09 IN c c v Estate of Jeannette B. Brown, IN THE COURT OF COMMON PLEAS Deceased CUMBERLAND COUNTY, PENNSYLVANIA ~. ORPHANS COURT DIVISION o' cl.= u o ~ NO. ~ - ~(JC.-1- ~~l 5 .~,,,°> - .o _- PETITION FOR PROBATE OF COPY OF LAST WILL a AND GRANT OF LETTERS N TO THE HONORABLE REGISTER OF WILLS OF CUMBERLAND COUNTY: AND NOW, comes the Petitioner, John Ile, by and through his attorney, Michael A. Scherer, Esquire and avers the following in support of this Petition: 1. Petitioner, John Ile, an adult individual residing at 594 Shadyside Drive, Chambersburg, Franklin County, Pennsylvania 17202- 2. Petitioner is the Co-Executor named in the Decedent's will. Robert L. O'Brien, Esquire was named as Co-Executor in the Decedent's will and has renounced his right to serve as Executor. ~f ~D1 3. The decedent, Jeannette B. Brown, was domiciled at 8~ Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 4. The decedent died on April 9, 2009 at 890 Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 5. The decedent/testatrix executed her Last Will and Testament on May 2, 2002 and Petitioner is named the Co-Executor in decedent's Will dated May 2, 2002 (A copy of the Last Will and Testament is attached as Exhibit "A". 6. The decedent is survived by no heirs. ~~ 1 7. At the time that the Testatrix executed her Last Will and Testament, Testatrix was of testamentary capacity. 8. A diligent search has been made since Testatrix's death and the original Will has not been found; however, a copy of the last Will and Testament has been located. 9. The contents of the Last Will and Testament are as stated in the copy located and are attached hereto as Exhibit "A." 10. The last Will and Testament executed by the Testatrix on May 9, 2002 was never revoked by the Testatrix. 11. In the last Will and Testament, several charities are named as residual heirs of the Testatrix's estate. 12. The decedent's estate consists of a piece of real estate and some personal property totaling approximately $50,000.00. WHEREFORE, Petitioner respectfully requests the probate of the copy of the last Will and Testament, dated May 9, 2002, presented with this Petition and the grant of letters in appropriate form to John Ile. Respectfully submitted, O'BRIEN, BARK & SCHERER ~_ // ~c ich el A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. John Ile Date: April 16, 2009 LAST WILL AND TESTAMENT OF JEANNETTE 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. 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 may ~, ~~ be done. I have preplanned my funeral and all other arrangements associated I ''I with my death with Hoffman Roth funeral home. G 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 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. r , II 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 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. I~ FOURTH ~' I direct that no trustee, personal representative, guardian or i !I 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. FIFTH My personal representative 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 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 ~~'I 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. SIXTH Any and all payment or payments of any sum or sums, whether in ~i 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 ~~ i identification, this I day of ~1/l 2002. ~,v~g,'` ` `- ~• (Seal ) JEANNETTE B. BROWN S~ ~ ~ , Signed, sealed, published and declared by the above named testatrix, I' 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. ~~(~^~~~.c~-. ADDRESS L~ ~as~ ~~- ~ucz~ ~ , ~et~~n.-s~. QA' ho~3 ~J.vttA. Qisca~x.~. ADDRESS 3~ . ~ iE 170/3 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, Jeannette 6. Brown, 6~/~ and ,~(N,,~ ~~e?,CO~n ~ .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 ~i ''I~ 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. 7 i Nctariai Seal~~~ Janniier S. Lind;;ay. Notarf PuGlir Carlisle Eoro, Curnterlarn~ Ca~~nts, lV1y Ccmn-riss:cn Erpir;a ~iov. 29, 200', Pr':ar:~?~~r, Pe~nsyhri^: a ;sc;,'e , _~r,`~~;~. "