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HomeMy WebLinkAbout10-08-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of ELEANOR S. KRONHEIM also known as Deceased Petitioner(s), who is/aze 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) COUNTY, PENNSYLVANIA File Number ~ I r~\~ ~ti ~-1 Social Security Number 137-18-2075 w ~/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is !are the EXECUTOR ~ teamed in the last Will of the Decedent dated and cii~s) dated JANUARY 17, 2002 -±`=7 `'O ;!. ~ _:'? -: __, ~ =; V_ (State relevant circumstances, e.g., renunciation, death of executor, etc.) '~ ~ ~' - -` c ~ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the iristiitimen offered- ~' for probate, was not the victim of a killing and was never adjudicated an incapacitated person: . - ? C+? B. Grant of Letters of Administration ,.~-- .. - CJ (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; 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: (!f Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (COMPLETE lNALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at CUMBERLAND CROSSINGS 1 LONGSDORF WAY CARLISLE CUMBERLAND COUNTY PENNSYLVANIA 17015 (List street address, town/city, township, county, state, zip code) Decedent, then 89 years of age, died on OCTOBER 5, 2009 at CUMBERLAND CROSSINGS, 1 LONGSDORF WAY, CARLISLE PA 17015 Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 500,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as fo 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: ~?C"k.JG'`~- U \ t l/V^ "' STEVEN R. KRONHEIM123 BLACKBURN ROAD, BASKING RIDGE, NJ 07920 Form RW-02 rev. 10.13.06 Page I 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 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. Sworn to or affirmed and subscribed C 4 before me the ~~ day of 1 ~~ ,~ ~ ~ ~, 1 i Fort Register v~ - t Signature of Persona[ Representative 1 ~.~-~tiE Signature of Personal Representative rya C'J Signature of Persona[ Representative _~ ~ ~ -` _ __.~ ,~.~ ~ .., _:_.... Cam? - ; ,. ...._ .„ f... ~ .~ ,; File Number: - tv - =: .. Estate of ELEANOR S. KRONHEIM , Decea'`sEd C~ - ~t? Social Security (N'um/bier: 137-18-2075 Date of Death:OCTOBER 5, 2009 AND NOW, r~ ~~ ~T V C~~~'r > in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to STEVEN R. KRONHEIM in the above estate and that the instrument(s) dated JANUARY 17, 2002 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters .......... ..... $ 410.00 Short Certificate(s) ........ $ 12.00 Renunciation(s) .. ........ $ JCP ... $ 10.00 AUTOMATION FEE $ 5.00 wILL ... $ ls.oo ... $ ... $ ... $ ... $ ... $ ... $ TOTAL ...... ........ $ 452.00 Attorney Signature: Attorney Name: Regis~te/r of Wills /' ../ / ~ - t MARCUS A~ McKNIGHT, III Supreme Court I.D. No.: 25476 Address: 60 WEST POMFRET STREET CARLISLE, PA 17013 Telephone: (717) 249-2353 xorm Rw-oz rev. In.13.oh Page 2 of 2 LAST WILL AND TESTAMENT OF ELEANOR S. KRONHEIM DATED ~a""ac.., 1"~ 2002 .~a -: ~~ , _~ ; ; ::; -' --, - _, . .G=i : ~ , 1 1 1 :1' ` _ ~ ...~ - ~.__:) t ~ ",J i.a ._ r_ 7 -~ i ~~ PITNEY, HARDIN, KIPP & SZUCH LLP 125 Half Mile Road, Suite 203 Red Bank, NJ 07701 LAST WILL AND TESTAMENT OF ELEANOR S. KRONHEIM I, ELEANOR S. KRONHEIM, of West Long Branch, Monmouth County, New Jersey, do make, publish, and declare this to be my Last Will and Testament, hereby revoking all prior Wills and COd1C11S. ARTICLE FIRST Debts and Expenses I direct that all of my legally-enforceable debts (other than debts, if any, secured by mortgages of real estate or any loans against life insurance policies}, my funeral expenses, expenses of my last illness, and costs of administering my estate be paid as soon as practicable after my death. ARTICLE SECOND Disposition of Certain Properties I may give certain items of my tangible personal property in the manner set forth in a separate writing, either in my handwriting or signed by me. To the extent not disposed of by such a writing, T give all of my tangible personal property, including but not limited to articles of household or personal use or adornment, household furniture and furnishings, and motor vehicles, to my children, JUDITH K. BLACKMAN, P. BRUCE KRONHEIM and STEVEN R. KRONHEIM, who survive me in as nearly equal shares as my executor, in his or her discretion, determines to be practicable. All expenses of safekeeping, insurance, and distribution of my tangible personal property shall be proper administration expenses of my estate. ARTICLE THIRD Taxes All estate, transfer, inheritance (both direct and compromise), and other taxes or charges, including any interest and penalties, assessed by reason of my death with respect to any property, whether or not passing under this will (hereinafter referred to as "death taxes"), shall be paid by my executor from my residuary estate, without allocation or apportionment against any share or interest therein, and without reimbursement for, recovery of, or contribution toward such payment by the recipient of such property. ARTICLE FOURTH Disposition of Residuary Estate I give my residuary estate (which in this Will shall exclude any property over which I may possess a power of appointment) to my children, JUDITH K. BLACKMAN, P. BRUCE KRONHEIM and STEVEN R KRONHEIM, in equal shares. If any child of mine predeceases me, child's share shall be distributed to his or her descendants who survive me, per stirpes, subject to ARTICLE FIFTH, or, if there are no such descendants, such - 2 - deceased person's share shall lapse so as to increase proportionately the other shares. ARTICLE FIFTH Distribution to Persons Disabled or Under Age Twenty-One A. If any assets are distributable to any person who is under the age of twenty-one (21) years or to any person who is disabled (as defined in this Article), then, although ownership of such assets shall vest immediately and indefeasibly in such person, (i) the executor or trustee, in his or her discretion, may make such distribution directly to such person or to a parent, guardian, conservator, custodian under a transfers-to-minors act, legal representative, or any other entity or individual on behalf of such person, or (ii) the executor may distribute such assets to the trustee, or the trustee may retain such assets, and the trustee shall administer the assets distributed to or retained by him or her in accordance with the provisions of Paragraph B of this Article. The executor or trustee shall have no further duty with respect to any funds so paid, provided that due care was exercised in the selection of the person to whom such funds were paid. B. The trustee may distribute from time to time to such person such amounts of the net income and/or principal as the trustee, in his or her discretion, deem advisable for the health, education, support, and maintenance of such person. The trustee shall distribute any balance remaining to such person when such person reaches the age of twenty-one (21} years and is no longer disabled. If such person dies before complete - 3 - distribution of the property held in trust for such person's benefit, the balance shall be distributed to the executor or administrator of such person's estate. C. Receipt by the distributee of any distribution authorized by this Article shall constitute a complete discharge and release of the executor with respect to such distribution. D. For purposes of this Article, "disabled" means that such person, by reason of physical or mental impairment, is unable to attend properly to the normal duties and responsibilities required in the prudent management and protection of property. The executor may, but shall not be required to, rely on the written opinion of a licensed physician to determine whether a person is disabled. ARTICLE SIXTH Fiduciaries A. Executor and Trustee. I appoint my son, STEVEN R. KRONHEIM, executor of this Will and trustee of any trust created hereunder. If for any reason he fails to qualify or ceases to act as executor and/or trustee, I appoint my daughter, JUDITH K. BLACKMAN, as executor and trustee. If for any reason she fails to quality or ceases to act as executor and/or trustee, I appoint my son, P. BRUCE KRONHEIM, to act as executor and trustee. B. Resignation. Any individual fiduciary acting hereunder may resign from office without leave of court at any time and for any reason by filing a written instrument of - 4 - resignation in the office or court where this Will has been admitted to probate, provided that adequate arrangements exist for the continuance of the resigning fiduciary's duties, either by the continuing administration of a co-fiduciary or by the appointment of a successor or substitute fiduciary. C. Disability. Any fiduciary who becomes disabled shall be deemed to have resigned as fiduciary. For purposes of this Paragraph, "disabled" means that, in the written opinion of a licensed physician, the fiduciary, by reason of physical or mental impairment, is unable to carry out the duties of his or her office. D. No Inventory; No Bond or Surety Thereon. I direct that no fiduciaries acting hereunder, however appointed, shall be required to file an inventory of my estate, or to post or file any bond for the faithful performance of their duties. If, notwithstanding the foregoing direction, any bond is required by law, statute, or rule of court, no sureties shall be required thereon. ARTICLE SEVENTH Powers The fiduciaries hereunder shall have all the powers hereinafter set forth, which are intended to be in addition to and not in limitation of the powers above provided and those conferred by law and which may be exercised in the fiduciaries' reasonable discretion without the permission or order of any court: (A) to retain, invest, and reinvest without duty to diversify and without being limited to investments authorized by - 5 - law; (B) to sell, lease, exchange, abandon, or otherwise deal with and dispose of both real and personal property in such manner and upon such terms and conditions as they may deem advisable, including public or private sale; (C) to hold property in bearer or nominee form; (D) to borrow, and to pledge or mortgage property as security; (E) to employ and compensate agents and advisors; (F) to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary, and to make distributions in cash or in kind or partly in each, pro rata or non pro rata, in divided or undivided interests, without adjustments for differences in tax bases; (G) to exercise, without adjustments among beneficiaries, any election available under the provisions of the Internal Revenue Code or of any other tax law; and (H) to deal generally with property in the same unrestricted manner as I might do as the outright owner thereof. ARTICLE EIGHTH Miscellaneous A. Perpetuities Savings Provision. At the time of the execution of this Will, there is no common law rule against perpetuities in force in the State of New Jersey. Nevertheless, and anything herein to the contrary notwithstanding, if any trust established hereunder should become subject to a common law rule against perpetuities or any statutory rule against perpetuities or other statutory provision that limits the duration of trusts, then unless sooner terminated pursuant to the terms of this Will, such trust shall terminate on the last day necessary to avoid violation of such rule against perpetuities or such statutory provision. If such rule or statutory provision is required to terminate within a period of time determined by reference to a class of persons, such period shall be the maximum period permitted by reference to my descendants living at the date of my death. Upon such - 6 termination, the entire balance remaining in such trust shall be distributed to the current income beneficiary of such trust or, if more than one person is a permissible current income beneficiary, in equal shares to all such income beneficiaries (whether or not then receiving income in equal shares). B. Family Relationships. (1) Adopted Persons. A person adopted while a minor (but not while an adult) and his or her descendants shall have the same rights and interests under this Will as if the adopted person were the natural child of the person by whom adopted. (2) Persons Born Ou this instrument, an individual born parent is not to be considered the the individual lived while a minor household of that natural parent parent, brother, sister, spouse, or t of Wedlock. In construing out of wedlock to a natural child of that parent unless as a regular member of the or of that natural parent's surviving spouse. C. Survivorship. If any beneficiary does not survive by ninety (90) days either me or any other person upon whose death the rights of such beneficiary depend, then for purposes of administering my estate other than disposing of my tangible personal property, such beneficiary shall be deemed to have predeceased me or such other person. D. Discretionary Payments of Income or Distributions of Principal. In exercising the discretion conferred upon them to pay the income or principal of any trust hereunder, the trustee may, but shall not be required to, take into consideration any other resources the beneficiary may have. Any individual serving as a co-trustee shall not participate in any decision by the trustee, acting in his or her discretion, to distribute income or principal to or for his or her benefit. In no event may an individual serving as a trustee exercise discretion in order to discharge his or her legal obligations. E. Spendthrift Provision. To the extent permitted by law, no interest in any trust created under this Will, whether in income, in principal, or in both, shall be subject to anticipation, commutation, hypothecation, pledge, assignment, sale, transfer, or alienation in any manner; nor shall any beneficiary have the power to charge or encumber any such interest; nor shall any such interest be in any manner liable - 7 - for or subject to the debts, contracts, liabilities, engagements, torts, obligations of any beneficiary, or claims against any beneficiary. This provision is intended to prevent both voluntary and involuntary alienation of trust income and principal. F. Trustee's Discretionary Termination of Trust. Notwithstanding any other provisions hereof, the trustee shall have the discretion (without the permission or order of any court} at any time to terminate any or all trusts created hereunder if, in the trustees' judgment, the value thereof is insufficient to warrant the costs and inconveniences of continued administration or if continued administration is otherwise impractical. Upon such termination, the entire balance remaining shall be distributed: to the current income beneficiary of such trust; or, if more than one person is a permissible current income beneficiary, in equal shares to all such income beneficiaries (whether or not then receiving income in equal shares). In making such a judgment, the trustee need not consider the interests of other beneficiaries, and such other beneficiaries' interests in the trust shall cease upon such determination by the trustee. This power and discretion may not be exercised by any trustee who is a current income beneficiary of such trust or who has been appointed by or has a legal obligation to support any such beneficiary. G. Accountings. My fiduciaries shall render an accounting of proceedings hereunder upon distribution of the assets of my estate or the termination of any trust hereunder or at any other time the fiduciaries deem such accounting advisable. The written approval or waiver of such accounting by all persons who are then living and competent and who are beneficiaries of my estate or any such trust shall be final and binding upon all beneficiaries (whether or not then living or then ascertainable) and shall fully discharge the fiduciaries as to all acts and transactions shown in the account. The foregoing is not intended to empower any such consenting beneficiary to enlarge or shift any of the beneficial interests in my estate or in such trust assets. Nothing herein shall preclude the fiduciaries from submitting any account to a court for judicial settlement. H. Administrative Situs. The trustee of any trust hereunder may, at any time and from time to time, by written instrument, declare that such trust shall from the date of such declaration, or from a date stated in such declaration, have its - 8 - administrative situs and be administered under the laws of such other jurisdiction as the trustees, in their discretion, determine. Thereafter, the laws of such other jurisdiction shall govern the administration, but not the validity or construction, of such trust. The trustee may initiate judicial proceedings as they deem necessary or desirable to accomplish such change. ARTICLE NINTH Definitions and Explanations A. "Pay" or "Distribute." Any direction or authorization herein to "pay" or "distribute" income or principal to any beneficiary shall be deemed satisfied by the application of such income or principal for the benefit of such beneficiary. B. "Fiduciaries." Any references to "fiduciaries" herein shall include executors, administrators C.T.A., trustees, and successors thereto. C. Gender and Number. Throughout this Will, the masculine gender includes the feminine, and the singular includes the plural, and vice versa, unless the context clearly requires otherwise. D. "Per Stirpes." For purposes of this Will, distribution to a designated person's descendants "per stirpes" means that the property to be distributed shall be divided into as many equal shares as there are (i) surviving children of such designated person and (ii) deceased children of such designated person who have left surviving descendants. Each surviving child shall be allocated one share. The share of each deceased child leaving surviving descendants shall be divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants. For these purposes, an individual who is deceased and has not left surviving descendants shall be disregarded, and an individual who leaves a surviving ancestor who is a descendant of the designated person shall not be entitled to a share. - 9 - E. Headings. Article and paragraph headings in this Will have been included only to help the reader locate general subject matter that may be covered in each Article or paragraph. The headings are not intended to be definitive or substantive or to affect the meaning of the provisions of this Will. IN WITNESS WHEREOF, I have executed this Last Will and Testament this f ~ day of ;.C~~u-~-~~ 2002 . ~. i ELEANOR S. KRONHEIM The foregoing instrument was SIGNED, PUBLISHED, and DECLARED in our presence by and as the Last Will and Testament of ELEANOR S. KRONHEIM, upon whose request and in whose presence and in the presence of each other we thereupon subscribed our names as witnesses. esiding at ~~ ~~ r~ ~, C--c,._~~. ~ ~.1 S ~. - ___.__ residing a t y}'~'1 ~ ~ d 1-c ~ ; :~ , , !~=' s - 10 - STATE OF NEW JERSEY ) COUNTY OF MONMOUTH ) SS.. I, ELEANOR S. KRONHEIM, the.~testator, sign my name to this instrument this % y~~ day of ~hd~u-~,~-t 2002 , and, being first duly sworn, do hereby declaro the undersigned authority that I sign and execute this instrument as my last Will and that I sign it willingly (or willingly direct another to sign for me) , that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence. ''`~/ ,, ~, ELEANOR S. KRONHEIM We , ~~.~:~..~ _, ~cti~~- ~ c ~, r.. ~"~c~, 4. c ~, and L ~C.t ~_,r, ~ . ~I' the witnesses, being irf st duly savor do each hereb declare to the undersigned authority that the above-named person, ELEANOR S. KRONHEIM, signs and executes this instrument as such person's last Will and that such person signs it willingly (or willingly directs another to sign for such person), and that each of us in the presence and hearing of such person and each other hereby signs this Will as witness to such person's signing, and that to the best of our knowledge such person is 18 years of age or older, of sound mind, and under no constraint or undue influence. G~%~~~t~ WITNES _. WITNESS Subscribed, sworn to, and acknowledged before me by ELEANOR S. KRONHEIM, and subscribed and sworn to before me by the above-named witnesses, this ~''~-~~~ day of ~~.,~.~:::.-~,~ , 2002. ~ ~~ . ~ _ -Tr-! .-~ cu~~ i ~. lJ~, c~ OF NE':nI JER..SEY - 11 - ~. •~~~;