HomeMy WebLinkAbout08-03-09PETITION FOR PROBATE AND GRANT OF LETTERS
Register of Wills of CUMBERLAND County,
Pennsylvania
Estate of A~.BERT l;. ALLEN, JR File Number
also known as ALBERT L. ALLEN, Deceased Social Security No. 205-07-0946 ~ ~ ~- ~ ~ - ~ 1
Peliticrrer(a), vrho iilre 18 yens of.ge a alder, mMr(b•> ra:
(COMPLETE "A" OR "B" BELOW:)
X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXECUTOR named in the Last Will of the
ecedent, dated 10/30/1998 and codicil(s) dated
(Sfon nkvanl cllr"Inalances, t.g., ntnencloNon, iAeafh ojtxecllror, efeJ
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instruments offered
for probate; was not the victim of a killing and was never adjudicated incompetent: none
B. Grant of Letters of Administration
(U applicable, eats. c.ta; db.ac.ta: parderpe lire; duraue abeeMir, donate ~~~)
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) d heirs: (ifAd~i tistration, c.t.a. or
d. b. n. c. t. a., enter date of Will in Section A above ands omplete list o~heirs.) ~ ` ~
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Name Relationship Residence `~ ~ 3~'' , ~;~ .
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Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his/her last principal residence at
2605 Spring Hill Lane, Ham en two , Enola, Pa. 17025
pw moet.ddfe., townlcity, wwroa~iv. aw~tr.,uk. ar rmae)
Decedent, then 89 years of age, died _ JULY 20.2009 at 2605 Spring Hill Lane Enola. PA 17025
(l.ae.tioa)
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property ....................................................... ~
...............
•~ d
(If not domiciled in PA) Personal property in Pennsylvania............ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 6
......................................
(If not domiciled in PA) Personal property in County .......................................... ................................. S
.................... ...........................
Value of real estate in Pennsylvania ................................................................................................................................................. a '--
S
situated as follows:
~4~.
Wherefore, Petitioner(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:
Si afore T or rinted name and residence
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PNC BA N
v\'~ ~ ~~ ~~'` 4242 Carlisle Pike P O Box 308 Cam Hill PA 17001-03-08
Faem RW-02 rev. 10.13.06
Agtrt 3, 2009P:UtCS-Wp Q~ENT A-ZU-rd.El~l'RIrST SSTATB ALB@RT L. AI1.Err1MA ALL DOCUM 09.DOC
Oath of Personal Representative
Commonwealth of Pennsylvania
:SS
County of CUMBERLAND
The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct
to the best of the knowledge 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. Q ~ ~ ~~,~ ~ ~
Sworn to and affirmed;and subscribe
before me this day o 2 9
For the Register
~~~.
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Signature of Personal Representative
Signature of Personal Representative
Signature of Personal Representative
File Number:
Estate of ALBERT L ALLEN~JR Deceased
Social Security No: 205-07-0946 Date of Death: JULY 20, 2009
AND NOW, ~ ~ , 2009, in consideration of the foregoing Petition, satisfactory proof having
been presented before me, IT I SCREED that Letters Testamentary are hereby granted to PNC BANK, N A, in the above estate
and that the instrument(s) dated 10/30/1998 described in the Petition be admitted to probate and filed of record as the last Will
j.
(and Codicil(s) of Decedent. ~`
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w/ . ~/...~ r ( /
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Register of Wills~~ ~_
FEES r
Letters ............................. $ ~ ~
~.
Short Certificate(s).......... $ ~ • ~ Attorney Signature:
~ -
Renunciation(s) ................ $ Attorney Name: -
~ Supreme Court I.D. No: 06264
......................................... $ I ~ - ~
. $ Address: 508 NORTH SECOND STREET P. O. Box 845
.......................................... $_ __ Harrisburg, PA 17108-0845
......................................... $ Telephone: 717/234-4182
TOTAL ................
Form RW-Ol rev. 10.13.06
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LAST WILL AND TESTAMENT ~ ~
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ALBERT L. ALLEN, JR. ~;,, ~ ~? -t, ~ . ' ' ::,
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I, ALBERT L. ALLEN, JR. ,make this to be my Last Will and Testament, and I hereby revoke
any previous Will.
FIRST: I direct my Executor to pay all my last illness and funeral expenses as soon as convenient.
SECOND: All personal effects, clothing, furniture, furnishings, jewelry, automobiles, other tangible
personal property of every kind, I give to my wife, BETTY G. ALLEN, if she survives me for a period of thirty (30)
days. If she shall not so survive me, then I give the same in equal shares to such of my children who shall survive
me for a period of thirty (30) days and not to the issue of any child who shall not survive me for a period of thirty
(30) days, to be divided among them as they may agree or, if they are unable to agree, as my Executor may decide.
THIRD: All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate,
including that over which I have a Power of Appointment, I give, devise and bequeath In Trust to PNC BANK,
N.A., the Trustee, under the Trust Agreement with me as Settlor dated October 16, 1996. I hereby waive the
Power of Appointment in the Trust Agreement created by my Wife with PNC BANK, N.A., dated October 16,
1996.
FOURTH: I direct that all estate, inheritance and other taxes in the nature thereof, together with any
interest and penalties thereon, becoming payable because of my death with respect to the property constituting my
gross estate for death tax purposes, whether or not such property passes under this Will, be paid from the principal
of Part "A" under the Trust of which I am Settlor described in paragraph THIRD above. No person receiving or
having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be
required to contribute to or refund any part thereof; provided, however, that this direction shall not apply to the
taxes on any property included in my estate solely because of a power of appointment thereover which I possess but
1
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have not exercised or on any qualified terminable interest or to any generation-skipping transfer taxes.
FIFTH: My Executor is hereby authorized and empowered, in addition to such powers granted executors
by law, all exercisable without court order: (a) to sell securities or other property, real or personal or both; (b) to
borrow money from such persons as it may desire, including the power to borrow from itself as an individual or as
a fiduciary under any Trust Agreement for any purpose necessary or desirable in connection with the payment of
taxes or other matters incidental to the settlement or administration of my Estate, or for investment purposes, on
either a secured or unsecured basis, at such rate of interest as my Executor may deem acceptable and to sign notes
and to pledge the assets of my Estate as security therefor; this authority to borrow and pledge shall not apply as to
assets which are or might be, except for such authorization, eligible for the marital deduction; (c) to make
non-prorata distributions in kind or partly in kind or partly in cash; (d) to retain all or any part of my property, real
or personal, constituting my Estate for such time as my Executor deems best or to invest or reinvest the same
without being restricted to "legal" investments; (e) to file joint income tax returns and to consent to joint gift tax
returns with my wife, her executors or administrators; (f) to compromise claims against or in favor of the Estate,
with or without Court approval on such terms and conditions as Executor deems appropriate, in my Executor's sole
discretion; (g) if the Estate includes any interest which I had in a business at the time of my death, whether the
same is a sole proprietorship, apartnership, or a corporation in which I owned all or a substantial portion of the
stock, to continue the business, until such time as my Executor deems advisable to sell, liquidate or distribute the
same in kind. Executor shall have all rights and powers in connection with the business as I had when living,
including by way of example and not limitation, the powers to operate or join in the operation thereof as a going
concern, to form or re-form a general or limited partnership, to incorporate or re-incorporate and to liquidate or
sell the same or any part thereof, all as it deems advisable for the best interests of the Estate and of the beneficiaries
thereof; without any liability for loss resulting from the operation of said business except where such loss is the
result of negligence or fraud on the part of the Executor; (h) to receive, for its services in connection with any such
business, such additional compensation as may be commensurate therewith; (i) to claim, in my Executor's
discretion, expenses of administration of my Estate as deductions for federal income tax purposes, when this will
result in an overall reduction of income and death taxes for my Estate (no adjustments between income and
principal or in the amount of the distributions to the trusts created by separate instrument shall be required as a
result of such action); (j) in my Executor's sole discretion, to elect (or not) to treat as property passing to my wife
and as eligible for the marital deduction under I.R.C. Section 2056(a) property which is "qualified terminable
interest property" within the meaning of I.RC. Section 2056(b)(7), in all regards except for such election; (k) in
my Executor's sole discretion to allocate such exemptions as are available as to the generation skipping transfer tax
to any property, to exclude any property from that allocation and to make all related allocations thereto. No
beneficiary shall have any claim against my Executor for exercising such allocation powers as granted herein. (1)
in my Executor's sole discretion to compromise taxes on future interests on such terms and conditions as Executor
deems appropriate; (m) to maintain reasonable reserves for depreciation, depletion, amortization and
obsolescence;
SIXTH: I nominate, constitute and appoint PNC BANK, N.A., as Executor under this my Last Will and
Testament. No bond shall be required in this or any other jurisdiction of my Executor.
SEVENTH: I hereby nominate, constitute and appoint PNC BANK, N.A., as Guardian of the estate of
any minor or other beneficiary physically or mentally unable to manage his or her affairs and to serve without bond
in this or any other jurisdiction.
If any beneficiary of my estate is under the age of eighteen (18) years at the time at which distribution of
any property devised and bequeathed by this Will would otherwise be made to such beneficiary, or is unable to
manage his or her own affairs, my Executor shall distribute all such property to the guardian of the estate of such
beneficiary.
The guardian shall hold, manage, invest and reinvest any property received by the guardian (whether
under this Will or otherwise), shall collect the income thereof, and shall apply so much of the net income and, if
the net income is insufficient, so much of the principal of the property held for such beneficiary as the guardian
shall deem necessary or advisable for such beneficiary's health, maintenance, support and complete education.
The guardian shall accumulate any surplus net income annually and add the same to the principal of the
property held for such beneficiary.
When such beneficiary attains the age of eighteen (18) years, or becomes able to manage his or her affairs,
the guardian shall distribute to such beneficiary all property held by the guardian for such beneficiary.
If such beneficiary dies before attaining the age of eighteen (18) years, or becoming able to manage his or
her affairs, the guardian shall distribute to the personal representative of such beneficiary's estate all property held
by the guardian for such beneficiary.
EIGHTH: The compensation payable to my Executor shall be the compensation due, in accordance
with the fee schedule of my Executor at the time such services are rendered, or if my Executor is an individual,
such compensation shall be reasonable compensation.
NINTH: The words "child, children, or issue", as used in this Will, shall include adopted persons
and persons born or adopted after the date of this Will, respectively unless expressly stated to the contrary.
TENTH: I hereby authorize my Executor in addition to all powers granted by law, to make such
election in connection with settlements under employee benefit plans in which I have an interest as my Executor
deems most advantageous under all the circumstances.
IN WITNESS WHEREOF, I, ALBERT L. ALLEN, JR. ,the Testator, to this my Last Will and
Testament, typewritten on five (5) sheets of paper have set my hand and seal this J ~ day of
r,:
. 1998.
. ~^ (SEAL)
ALBERT L. ALLE , JR.
Sign sealed, published and declared by ALBERT L. ALLEN, .IR. ,the said Testator, as and for his
Last 1 and Testament, in our presence, at his request and in the resence of each other have hereunto set our
han d seals as attest' s. ~
iding at
residing at
,• - ,
COMMONWEALTH OF PENNSYLVANIA:
SS:
COUNTY OF DAUPHIN:
I, ALBERT L. ALLEN, JR. ,Testator, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the
instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the
purposes therein expressed.
Sworn or affirmed to and acknowledged before me, by ALBERT L. ALLEN, JR. ,the testator,
this
day of
1998.
ALBERT L. ALLEN, JR.
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA: SS:
COUNTY OF DAUPHIN:
We' and the witnesses whose names are
signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we
were present and saw Testator sign and execute the instrument as his Last Will and Testament; that Testator
signed willingly and that Testator executed it as his free and voluntary act for the purposes therein expressed; that
each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our
knowledge the Testator was at that time eighteen or more years of age, of sound mind and under no constraint or
undue influence.
Sworn or affirmed to and subscribed to before me by and
,the witnesses, this day of 1998.
Notary Public or Attorney
My Commission Expires:
State of Admission of Attorney:
5
Register of Wills of CUMBERLAND County, Pennsylvania
OATH OF SUBSCRIBING WITNESS
Estate of ALBERT L. ALLEN JR. No.
also known as
ALBERT L. AL EN ,Deceased
(each) a subscribing witness to the O codicil(s) ^will(s) presented herewith, (each) being duly qualified according to law depose(s) and say(s)
that she/he/they was/were present and saw the above Testator(rix) sign the same and that she/he/they signed as a witness at the request of
Testator(rix) in his/her/their presence and O in the presence of each other ^ in the presence of the other subscribing witness(es).
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(Signature)
Address ~ ~ I ~ ~ ~ o
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(Signature end seal of Notary or other officid
qualifies W administer moths. Show date of
expiration of Notary's cormnission.)
Form RW-2 (Dauphin County -Rev. 9/92)
NOTE: To be taken by officer authorized to administer oaths.
Please have present the original or copy of Instrument(s)
at time of notarization.
July 27, 2009F:\RCS\WP CLIENT A-Z\ALLEN\TRUST ESTATE ALBERT L. ALLEN\AAA ALL DOCUM 09.DOC
Sworn to or affirmed and subscribed
before me this ~ ~' day of
Register of Wills of CUMBERLAND County, Pennsylvania
OATH OF NON-SUBSCRIBING WITNE S S
Estate of ALBERT L. ALLEN JR. No.
also known as
ALBERT L. ALLEN ,Deceased
(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that she/he/they
codicil
was/were familiar with the signature of ALBERT L. ALLEN JR. , testator(rix) of the will
codicil
presented herewith, and that such subscriber(s) believes the signature on the will is in the handwriting of
Albert L. Allen Jr. to the best of such subscriber's knowledge and belief.
QtJC. ~>~J 1~-- '!V~'r r~
(Address)
(Signature)
(Address)
Sworn to or affirmed anJd subscribed
~Gl
before me this~~ da of
,-. Y
or
Form RW-12 (Dauphin County - Rcv. 9/92)
2009.
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July 29, 2009F:1RCS\WP CLIENT A-ZWLLEN\TRUST ESTATE ALBERT L. ALLENIAAA ALL DOCUM 09.DOC