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HomeMy WebLinkAbout10-09-09 1 .- PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland Estate of Philip B. Tomlinson also known as Deceased COUNTY, PENNSYLVANIA File Number ~ ~ ' ~ -I ~ ©7 ~0 Social Security Number 203-OS-6555 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ~- A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the named in the last Will of the Decedent dated ~ 'L g / lr~l ~ and codicil(s) dated (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. c.t.a.; pendente liter 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) at~i~ieirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ ~ Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ 350,000.00 Q 50.000.00 situated as follows: 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: I Sienature Typed or printed name and residence 33s rn4.16~ ~~~~-rut c~ b t 7~S b Form RW-02 rev. 10.13.06 ~~ Page 1 of 2 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. - ~ --- - =-~' `~ -i Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at ~"' ~ ~~ '~ r ~ 335 Mulberry Drive, Mechanicsburg, PA 17050, Silver Spring Township, Cumberland County (List street address, town/city, township, county, state, zip code) Decedent, then 94 years of age, died on September 15, 2009 at 335 Mulberry Drive, Mechanicsburg, PA 17050 .~ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland Sworn to or affirmed and subscribed before me the ~ ~ day of ~~ / ~~ For the Register 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, Petitioners} will well and truly administer the estate according to law. SS Signature of Personal Representative Signature of Personal Representative Signature of Personal Representative '~Y~~+~ ~ ~ i I' / ...:+y V~J r~ `1= .. File Number: aS ~ ' ~q ' d~~ ~ ~" Estate of Philip B. Tomlinson ,Deceased .~7 ~~. f .1 '~«.~ ~wv i ~ f-n' `J "`~;f' -.r _~, -; Social Security Number: 2nn03-OS-6555 Date of Death:09/15!2009 AND NOW, ~~~ "1 ,Q~~'J__, in consideration of the foregoing Petition, satisfactory proof having been presented be ore mer I~T IS DECRIED that Letters ~~.`JTAIM.2~r~i are hereby granted to ~Y101f~-~ ~_ ~~~c3~..~ in the above estate and that the instrument(s) dated ~ - z $ - ~ q ~, described in the Petition be admitted to probate and filed of FEES Letters ............... $ ~ •~ _ Short Certificate(s) ........ $ Zy • ~~ Renunciation(s) .......... $ ~c.~ ... $ o • ~~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ ~ 1 ~ . dU ~ Form RW-02 rev. 10.13.06 the last Codicil(s)) of Register of Wills Attorney Signature: Attorney Name: Supreme Court I.D. No.: Address: Telephone: Page 2 of 2 LAST WILL AND TESTAMENT . (Pour-Over Will) OF ~.~ .. . PHILLIP B. TOMLINSON ~ ~ ~' -~~ ; ~ "y' _;_~ ,.... _.:...._ _..,.y .~ IDENTITY -_ .,.:~ ~ ~ ~ _-.~ . t..r` i ~>;;. ~ .. ._,~ l -) _~ ~_7 I, PHILLIP B. TOMLINSON, residing in the County of York, Commonwealti~ a~ Pennsyania, ' ,~ being of sound mind and memory, and not acting under duress or undue influert~,e -'uf any ~ersori_.,-~ ~~~-. whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all otl~ and former Wills and Codicils to Wills heretoforemade by me. My Social SecurityNumber is 203-OS-6555. All reference made herein to `spouse or my spouse' refers to the person to whom I am currently married, namely, RUTH R. TOMLINSON. By the ensuing provisions of this Will, it is my intention to dispose of my interest in our property; I do not intend to dispose of anything belonging to my wife or to put her to any election. I have the following children: CAROL HELMBOLD, born December 4, 1940 and currently residing in Winter Park, Florida, and ROBERT TOMLINSON, born February 21, 1942 and currently residing in Hermosa Beach, California, and LINDA SIMON, born May 20, 1944 and currently residing in Mechanicsburg, Pennsylvania, and JUDITH BOLINGER, born December 19, 1945 and currently residing in New Cumberland, Pennsylvania, and PHYLLIS GARVERICK, born August 7, 1957 and currently residing in Tuckhannock, Pennsylvania. • DEBTS, TAXES AND ADMINISTRATIONEXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on ageneration-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE PHILLIP B. TOMLINSON AND RUTH R. TOMLINSON REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"), or if my spouse predeceases me, under the Survivor's Trust created by the said Revocable Trust. If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." POUR-OVER WILLS Page 1 RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of my death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described hereinabove, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint RUTH R. TOMLINSON as my Independent Executor of this my Last Will and Testamentto serve without bond. In the event the first named Executor shall predecease me, or is unable or unwilling to act as my Executor for any reason whatsoever, then and in that event I hereby nominate and appoint LINDA SIMONS to serve without bond as my Independent Executor. In the event the first successor Executor shall predecease me, or is unable or unwilling to act as my Executor for any reason whatsoever, then and in that event I hereby nominate and appoint JUDITH BOLINGER to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor or substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. i POUR OVER WILLS Page 2 EXECUTOR POWERS • By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind or partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and shall have the discretionto file a joint income tax return with my spouse. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity I give and bequeath the sum of one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If my spouse and I should die under circumstances such that the order of our deaths cannot be determined, then it shall be conclusivelypresumedfnr the purposes of this my Will that my spouse survived me. If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiarypredeceased me. POUR-OVER WILLS Page 3 This instrument consists of 5 typewritten pages including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each the preceding pages. This instrument is being signed by me on this ~~ day of ,19~. ~, ~ _ ~ PHILLIP TOMLINSON, Testator • POUR-OVER WILL5 Page 4 ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the foregoing instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testamentwas signed by the Testator. WITNESSES: a ~~- -e ss ~ e ~ (Printe Name of Witness) ~'" 1f ~yi~ t- ~t ~ , ~Ls~'S/~7s~".Z' (PrintedName of Witness) • ADDRESSES: POUR-OVER WILLS Page 5 COMMONWEALTH OF PENNSYLVANIA • COUNTY OF YORK SELF-PROVING CLAUSE BEFORE ME, the undersigned authority, on this day personally appeared PHILLIP B. TOMLINSON ~~,~~" ~~~~,~ j/2, ,and ,~~1 ~~~y~/,w~ : ,known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, PHILLIP B. TOMLINSON, Testator, declared to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and the witnesses, each on his oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he did sign the same as a witness in the presence of the Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. l PHILLI TOMLINSON, Testator p d Wi~t~ness _ (Printed Name of Witness) L fitness .S~ (PrintedName of Witness) SUBSCRIBED AND ACKNOWLEDGED before me by PHILLIP B. TOMLINSON, Testator, and subscribed and sworn to before me by ~ ~ and er,~tL ~~,~,.~~5-l~~~ witnesses, this the -Z ~ day of ,19~. Notary Public, Commonwealth of Pemisylvania Notarial Seal aar~ Godel, Notary Punic Cheltenham Twp., Montgorne ~!~' _~om'mi~sion E - Tres Oct. ~ VER WILLS age 6