HomeMy WebLinkAbout06-30-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of OZELLA D. TODD
also known as
,Deceased
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
File Number 21 09 Qt~ ~ 3
Social Security Number 199074831
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the SUCCeSSOr EXeCUtOrS
last Will of the Decedent dated 10~7~04 named in the
C. Robert Todd redeceased on 3/26/2009 and codicil(s) dated none
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
B. Grant of Letters of Administration
(If applicable, enter.' c. t. a.; d. b. n. e. t. a.; pendente file; durante absentia, durante minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c. t. a. ord. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.)
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(COMPLETE lNALL CASES:) Attach additional sheets if necessary. ~''~ ~~ -'
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Decedent was domiciled at death in Cumberland
Street County, Pennsylvania, with his /her last principa~7esidence at r~Hll~ 1 ,.,
Mt. Holl S rin s PA 17065 Mt. Holl S nn s
(List street address, town/city, township, county, state, zip code) BoroU
Decedent, then 89 years of age, died on 6~21~09 at 1 Hlll Street
Mt. Holl S rin s PA 17065
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in PA $ 1 S 10 000.00
~ Personal property in Pennsylvania $
(If not domiciled in PA) Personal ro e
Value of real estate in Pennsylvania p p ~'n County $
$ 0.00
situated as follows:
Wherefore, Petitione~{s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Typed or printed name and residence
~' Charles R. Todd III 808-627-0302
95-270 Waikalani Drive A-301 Mililani
William S. Todd HI 9678S
1 Hill Street Mt. Holl S rin s 717-486-3812
PA 17065
Forrn RW-01 rev. 10.13.06 Pa~,e 1 Of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
couNTY of CUMBERLAND
SS
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the lrnowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law. ~,
Sworn to or affirmed and subscribed
before the ~_ day of
' r Signature of Personal Representative 1 lam S. TO „~
'For the Register Signature of Personal Representative -:~ +
_._,_ _-
"- --
File Number: ? 1 L ~ p ~ ,~.
CS
Estate of OZELLA D. TODD
Deceased
Social Security Number: 199074831 Date of Death: 6/21 /09
j` .~-
AND NOW, ~ C C7-f GC-!'7.~' 2009 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IS DECREED that Letters Testamentary
are hereby granted to Charles R. Todd, III and William S. Todd_ RXP~.,,t~,-~
and that the instrument(s) dated October 7 2004 in the above estate
described in the Petition be admitted to probate and filed of recor~,i~as the last Will (mod Codicil(s~ pf Decedent.
FEES
Letters .~JI~.s~D~rf ~..... $ ~~
Short Certificate(s) ...~0....... $ a?
Renunciation(s) ..........
a~ d~~
~L
..... ~
.... $ /.~
.... $ I (~
.... $ S
.... $
.... $
.... $
.... $
.... $
.... $
TOTAL ............................. $ ~D/
Form RW-Ol rev. 10.13.06
Attorney Signature:
of
/ ~
Attorney Name: No V. Otto III
Supreme Court I.D. No.: 27763
Address: 10 East High Street
Carlisle
PA 17013
Telephone: 717-243-3341
Page 2 of 2
In,5.NU5 H6V ftYl/U-~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
This is to car±it_v that the infurmatio)~ here rive~~
correctly colrcd fron? an origiual Certificate of D duly tiled with !ne as Local Re~~istrar. -The orir~~.
certificate ~.~i~l he forwarded to the Sr<tte V
Records Off+re for perluanel;t i~iiir,~~.
Certification Number
~ ~ Vic. e, J U t 2 201
Local R~r~i~~trttr Date Issued
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PERMANENT -
TYPE/PRIM IN COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITl1L RECORDS ~ -~' 1
BUCK INK ~ - ,
CERTIFICATE OF DEATH
1. N.me d Dacedara (Fky, mkldte, bet sulAal (Sea instrAAmlons and examples on reverse) t~~( [ ;
STATE FlLE NUMBER `•' ' ~ ~ `-1 ~ ;~
s. Ape(lasltti 9Y1 ~ 1~ OZe~1~D• sT~Oddlan(MOnm,eaY~rear) 7.Birllgleca(gy.Mduaba 2Female a~199 07 4.DabaDeem(MOnm,eayvae<) ~~WLL
°i~ ~• ~agn ewwr) ~ PIKe a yam G as - 4831 June 21 2009
rR. Jan 3, 1920 (=~°"°)
Bb. Counrya beam Hanover, pA Heepntl:
&. Gry, Bom, Twp. d Death Other.
' ~ Cumberland W'F°C~'N8°iB(nna iraduaan. paB Slretl a,tl,M,nfrer) ^6gallant ^EH /Du~a(brn ^DOA ^Nur:.mg Hama ^Reyaarxe son's home
Mt. Holly Springs 1 Hill s.waanacedb,laHlspe„rodgm7 ®Ne ^Yea ®0A"`-~edM
11. Decweenys Usual Oceu Aon d work done dudn rtpy d wo S t • (II pas, w+aah Cohan, 10. Race; American mdien, Black WhBe, ek
lace a
Ale. Do M stile 12 Was OeredeN sear h ma 13. OecemnCs Edumllon ( 6teairsl Puaro Rkan, etc.) ( Wh i t e
Homema c~°n`er andaBWmeearlnduslry u.s.am~eer~orces7 wady «"rhighea,
own h Ome Ebmentary/ secorgary (0-12) grade ca~°'~ 14. Marlbl Sbha: Mantis Never Menbrj 15. BurvKi
16. Degyent's Ma'Ng Address ($aeek dN / bunt sale, Lp coda) ^ vaz ~No 12 Cdbge (11 or 5y WMOweq Oivaced (Spea/y) ng Spouse (11 wile, Siva malaen name)
~u~lberl nd C ossings °eC°"°nr° Widowed
ongs~orf ~ay naswe PA Duoaeaeanl
Carlisle PA 1 / 13 kl"m° 17w~ra°,Daaam,a"Nadb S. Middleton
1a. Femef6 Nana (FUy, mMtlle, lay ytryb) 17p'~'W°Ir Cumberland T°""aNp7 vd.^Ne, pacaaeM LNed wtthln
Harr T"P
T y L. Donsen. 1g.Matwfa AaamuNba
20a. Inhamanl's Name r •ype /Pant) Na11M (FkN. mldae, meMan BMnarae) Cily /Boo
William S. Todd zg".m,~,,,,,,r,~ Edith Yohe
21a Memod d Disposilua "~A°°~°° (5treal dry/ bm, ebb, zlp code)
I ^crama,bn. ^Dentlbn 1 Hill St., Mt• Holly Sprin s,
® Burial ^ Removtl Imn Sob I W s Crcmelbn „ 21h. Dale d Obp¢gAon (Mpah, day. yeas ztc Pbce a 8 PA 17065
^ Omer - "r hr Mealcal Eaaminar / Co Aumortred- DhyosAicn (Name d mmelary crei-~
_ ~ ~ 1e^~ ^vea^Ne ~~n~, 30, 2009 Westminster CemeteryoranerPbee) zla.tma"°^IDm/lam,°mla,,q~l
Fereral Servke Lkeneea ar w~ ~7g m such)
~ -mac ~h'~'°NUtib" ~"+^~,°^",~.aaF Carlisle, PA 17013
canpb, ema23eaeNy,.Ae,~ 013144E °"~ Ho man-Roth Funeral Home & Cremator
~aykro zOaT me l,e,lamy 219 N• Hanover
as a~mAade at lkne aaeama k"°`Ned~a°, °°°m o~Mraauw. mra, eat. p.~°~~ St. , Carlisle PA 17013 Y, Inc.
~N cause of edam LvK
23h. Lkarree Mustier
wro 2pMiusxes daztR~b~ M romon z4. Time d ream Dab ~, ~ z3c Dab signed (Mmm, day, yeaq
Pmrpuaaq Decd ILtona4 ear. YaM) / L Co ~~ i
~ol~.J`~ ~_ ~ 2Q rho Case Relened b Medical Eaansner / (Jd
dam 27. Pan I: Enkrc tle CAUSE OF DEATN (Sea Instrst Q ~ ^yaz Dorntar for a Reason Omar than Crenulim or Donatlonl
~°1ory'~n y~ ~, W~M mmppcelUna-mat dkeay ausad tlra rb exempla)
DO NOT ®de tanrsnal evmb such u csNas dried, APProakrrle Fbrvak Psn 11: ENaz dryarm cewme.,,.
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F-'FILES\DATAFILE\EStatc Planning\4264.2.w.will 2004
LAST WILL AND TESTAMENT
I, OZELLA D. TODD, of South Middleton Township, Cumberland County, Pennsylvania,
being of sound and disposing mind and memory, do hereby make, publish and declare this to be my
Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made.
ITEM ONE
I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and
all inheritance taxes shall be paid to the extent possible from the assets held or passing under ITEM
SEVEN hereof as soon as practicable after my decease and as part of the administration of my estate.
ITEM TWO
In the event my husband shall predecease or fail to survive me by thirty (30) days, then I give
such items of personalty as are itemized in a certain list, if any, attached hereto to the persons named
thereon, which list is signed and dated by me at the end thereof.
ITEM THREE
I give, devise and bequeath the sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) to
my nephew, JOHN R. DONSEN.
ITEM FOUR c 7
c~ ~ J
I bequeath any automobiles or motor vehicles I may own at my death, my personak-effects
such household goods if any as may be my individual property and not the property o~'my,Isbai~
or owned jointly by me with my husband, and other tangible personal property of lik~e'natu~e (rm
~~ -
~;
including cash or securities), together with any existing insurance thereon, to my_~us~and, ~.
ROBERT TODD, providing he survives me by thirty (30) days. Should my husband predecease n e
or die on or before the thirtieth day following my death, I bequeath such tangible personal property
and insurance thereon to such of my children as are living on the thirty-first day after my death, to
be divided between or among them with due regard for their personal preferences in as nearly equal
shares as practical and as they shall mutually agree. I direct that any of the foregoing articles not
selected by such children or about which there is no agreement shall be sold at public or private sale
by my personal representative(s), and I further direct that the net proceeds thereof shall be
administered and distributed as a part of the residue of my estate.
~ ~ /Jt
[Initials]
Page 1 of 7 Pages
ITEM FNE
If my husband, C. ROBERT TODD, is living thirty (30) days after my death, then I give,
devise and bequeath all of my estate, both real and personal property, unto my said husband,
absolutely. If my said husband does not so survive me, then I give, devise and bequeath all the rest,
residue and remainder of my estate, both real and personal~property, unto my Trustees to be held or
distributed by such Trustees under ITEM SEVEN hereof.
ITEM SIX
In the event my said husband shall disclaim all or any portion of any devise or bequest made
to my husband under the foregoing ITEM FIVE, then the amount otherwise payable shall be held
by my Trustees under ITEM SEVEN hereof. For purposes of the Trust established under ITEM
SEVEN hereof, my said husband shall not be deemed to have predeceased me by virtue of my said
husband's exercise of the right to disclaim set forth herein.
ITEM SEVEN
RESIDUARY AND DISCLAIMER TRUST
My Trustees shall hold the assets received under ITEMS FIVE and SIX hereof, if any, for
the following purposes:
A. My Trustees shall pay the net income, at least quarter-annually, to my husband, C.
ROBERT TODD, for life. In addition, my Trustees, in my Trustees' sole discretion, may invade the
principal of the Trust for the proper and adequate support of my said husband.
B. In addition to the above provisions, my said husband shall have the power to direct
my Trustee to pay to him or to apply out of the principal of this Trust in each year, including the year
of my death, an amount not in excess of the greater of Five Thousand ($5,000.00) Dollars or five
(5%) percent of the then aggregate value of the principal of this Trust. This power shall be
noncumulative and maybe exercised only by an instrument in writing signed by him and delivered
to my Trustee within the first thirty (30) days of fiscal year of this Trust.
C. Upon the death of my said husband, or upon my death if my husband shall not survive
me by thirty (30) days, my Trustees shall distribute the principal of the Trust to my children,
CHARLES R. TODD, III and WILLIAM S. TODD, in equal shares, absolutely.
C~ ~' 'l
[Initials]
Page 2 of 7 Pages
D. In the event that either of my said children shall fail to survive my husband and me,
but shall leave issue surviving, then such deceased child's share shall be held by my Trustee and the
net income therefrom shall be used for the support, maintenance and education of the issue of such
deceased child. My Trustee shall use as much of the principal as it shall deem desirable for said
purposes. My Trustee shall distribute absolutely the principal of such share of such deceased child
to the issue of such deceased child per stirpes as each shall attain the age of thirty (30) years. In the
event that either of my children shall fail to survive my husband and me and not leave issue
surviving, then such deceased child's share shall be added to the share of my other child as if
originally a part thereof.
ITEM EIGHT
POWERS OF EXECUTOR AND TRUSTEES
In addition to the powers conferred by case law, by statute, and by other provisions hereof,
my Executor and Trustees, and their successors, shall have the following discretionary powers
applicable to all property held by them which powers shall be effective without order of any court
and shall exist until final distribution.
A. To retain any property of any nature received by them for whatever period they shall
deem advisable;
B. To invest and reinvest all or any part of said property in such stocks, bonds, common
trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds,
common trust funds, securities, accounts or certificates of deposit of my Trustees) or other property,
real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the
property which a fiduciary may purchase;
C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash
or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration
of any trust herein, without liability on the purchasers or lessees to see to the application of the
proceeds, and to give options for these purchases without the obligation to repudiate them in favor
of a higher offer;
D. To execute and deliver any deeds, leases, assignments or other instruments as may
[Initials]
Page 3 of 7 Pages
be necessary to carry out the provisions of any trust hereunder;
E. To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
F. To assume continuance of the status of any beneficiary with regard to death, marriage,
divorce, illness, incapacity and the like in the absence of information deemed reliable without
liability for disbursements made on such assumption;
G. To pay from the trust, or the income therefrom, all debts or claims against my estate,
or any taxes or similar charges on my estate;
H. To make any distribution hereunder either in kind or in money, or partially in kind
and partially in money. Distribution in kind shall be made at the market value of the property
distributed, and my Trustees, in my Trustees' absolute discretion, may cause the share distributed
to any distributee to be composed of property similar to or different from that distributed to any other
distributee;
I. To exercise any subscription right in connection with any security held hereunder, to
consent to or participate in any recapitalization, reorganization, consolidation or merger of any
corporation, company or association, the securities of which may be held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generally to exercise all rights of investors;
J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of any trust hereunder;
K. To continue in any partnership, joint venture, joint ownership or other business
enterprise of which I am a part at the time of my death;
L. To compromise claims;
M. To continue for whatever period of time as they shall deem necessary any ownership
as a tenant in common or as a partner, in real estate or other property and to act as I could have done
had I been living;
N. To lend money to my estate or to any trust created hereunder or to purchase from the
estate or from any trust created hereunder, at the market value thereof at the time of purchase, any
,- l ~
`ice
Initials]
Page 4 of 7 Pages
securities or other property tendered to them by my estate or any trust created hereunder at an_y time
and from time to time within a period of nine (9) months after my death;
O. In the event that any amounts are payable hereunder or under any trust created
hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated
to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the
opinion of the fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts
may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following
ways as he, she or they may deem best:
1. Directly to such beneficiary;
2. To a legally appointed guardian of such beneficiary for the benefit of such
beneficiary;
3. To a person having custody of such beneficiary for the benefit of such
beneficiary;
4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of
such beneficiary.
Evidence of the application of payment of an amount in such a manner shall be a full and complete
discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This
paragraph shall be applicable to payments of income as well as principal.
P. To employ agents, attorneys and proxies and to delegate to them such power as my
personal representative and Trustees consider desirable and to pay reasonable compensation for such
services as maybe rendered by such agents, attorneys and proxies;
Q. To conduct an inventory of any safe deposit box necessary to the administration of
my estate.
R. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
ITEM NINE
PROTECTIVE PROVISIONS
All income or principal held for the use and benefit of the beneficiaries of any trust hereunder
~:~~,~
[Initials]
Page 5 of 7 Pages
shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor
shall any such interest, while in the possession of my Trustees, be liable for or subject to the debts,
contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or
sequestrations under process of law.
ITEM TEN
APPOINTMENT OF EXECUTORS AND TRUSTEES
I nominate, constitute and appoint my husband, C. ROBERT TODD, as Executor of my
estate. In the event he is unwilling or unable to act in such capacity, then I appoint my sons,
CHARLES R. TODD, III and WILLIAM S. TODD, or the survivor, as co-Executors of my estate.
I nominate, constitute and appoint my husband, C. ROBERT TODD, and my sons,
CHARLES R. TODD, III and WILLIAM S. TODD, or the survivor, as Trustees of any trust created
hereunder.
ITEM ELEVEN
WAIVER OF BOND
I direct that neither my Executor nor my Trustees, or their successors, shall be required to file
any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be
required to obtain any order or approval of any court for the exercise of any power or discretion set
forth in this Will.
IN WITNESS WHEREOF I have hereunto set my hand and seal this f'~l, day of
~~ (SEAL)
Ozell~ .Todd
SIGNED, SEALED, PUBLISHED AND DECLARED bytheabove-named Testatrix, as and
for her Last Will and Testament, in the presence of us, who at her request, have hereunto subscribed
our names as witnesses thereto, in the presence of the said Testatrix and of each other.
~,. .\
V .~~' --,
Page 6 of 7 Pages
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND ~
We, Ozella D. Todd, No V. Otto III, and ~ '/ ~~/y;~? /~. ~~/~~~~r~- ,the Testatrix
and the witnesses, respectively, whose names are signe to the foregoing instrument, being first duly
sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the
instrument as her last Will and that the Testatrix has signed willingly, and that the Testatrix executed
it 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 a witness and that to the best ofhis/her
knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no
constraint or undue influence.
,)
,~ ,
Ozel '~D. Todd, Testatrix
c \
~/~,
Witness
r`
it s
Subscribed, sworn to and acknowledged before me by Ozella D. Todd, the Testatrix, and
subscribed and sworn to before me by No V. Otto III and ~Lt<?.~i %i,~,q , ~~°; k~'~' _, the
~. ~ k, ~
witnesses, this ; day of ~~~ ~~~ ~ , ~r~~Y
~,
~.
l~2c_Ce__ ~~
Notary Public
NOTARIAL SEAL
VICTORIA L. OTTO, NOTARY PUBLIC
CARLISLE BORO, CUMBERLAND COUNTY
k1Y COMMISSION EXPIRES DEC. 2 2006
Page 7 of 7 Pages