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HomeMy WebLinkAbout10-09-09PETITION FOR PROBATE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA , c? ~ ,a cf Estate of David G. Christianson ~-~r ~_ File Number ~` "~ - lJ~~ ~:.~a ~ `~' -r. f ~`S Y T also known as -` ~ ~ - ~ ~~ ' ~ ... Deceased Social Security Number 343-22-9612 ,,. i""' c =.~ ~--, ._i - - ' .. ~... ~ :i ~~ Petitioner(s), who is/are 18 years of age or older, apply(ies) for: ~ , -, "t7 ` -' (COMPLETE `A' OR `B' BELOW:) _ _ a ~ ~ ~ 3 • ~~ ~~~ ---t ~ : ._ Q A. Probate and avers that Petitioner is the Executrix named in the last Vl~j,~,rof the - Decedent dated April 1, 1999 a~-sed}siI{s}~ated- Petitioner does not request the Grant of Letters Testamentarv. (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: No Exceptions ^ 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) and heirs: (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.) Name Relationshi Residence (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at 782 Oak Oval, Mechanicsburg, Uuper Allen Township, Cumberland County Pennsylvania 17055 (List street address, town city, township, county, state, zip code) Decedent, then 81 years of age, died on August 10, 2009 at Holy Spirit Hospital, Cumberland County, Pennsylvania. Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal Property $ 200, 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 $ TOTAL situated as follows: Wherefore, Petitioner(s) respectively request(s) the probate of the last Will and Codicil(s) presented with this Petition. i a e o T ed or rinted name and residence Mar aret E. Christianson 782 Oak Oval Mechanicsbur , PA 17011 ~s~oog.~ Oath of Personal Representative COMMONWEALTH OF PE YLVANIA SS COUNTY OF The Petitioner(s) above-named swear(s) or rm(s) that the statements in the fo oing Petition are tine and correct to the best of the knowledge and belief of Petitioner(s) and that, as sonal representative of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me the day of For the Register Signature of Personal Rep entative Signature of Personal Representative Signature of Persaial Representative Number: Estate of Social Security Number: AND NOW, having been presented before me, IT IS DECREED are hereby granted to and that the instrument(s) dated described in the Petition be admitted to probate and filed of FEES Letters ............... $ Short Certificate(s) ........ $ Renunciation(s) .......... $ ... $ .. $ ... $ ...$ in the above estate the last Will (and Codicil(s)) of Decedent. Attorney Signat e: ~.~" ~" Vw V U Attoney Name: I.(, ~Q ~ ~ Supreme Court I.D. No.: ~ ~~ Z Address: O ~~-S ~~ 1 r! o~ l.U' 1 ~~- TOTAL .............. $ ~~ ~~ d 6-1~Q 60~Z Form R 6V-U? rev. l U. l3. U( Date of Death: ,, , in consideratio Letters ed the foregoing Petition, satisfactory proof ~~, 1 ~ _~~ i t} ~ X11 ii {! a r / w.D i,we' W. j~. ~11 ...3.. Page 2 of 2 LAST WILL AND TESTAMENT O F c'7 ~ ::ra DAVID G. CHRISTIANSON ~~~ ---s ~^.-, ~k:~ :: r--- `~::: r~ _.. _ i , t -;~ ~~;-, ;~-~~ ~ . .___ ~ •- _ .. ~ ~ ...T... ...._ .... J ,.,.. J .r"~ _J ` .. f~, .~~,i ~ ~ t`~ I, DAVID G. CHRISTIANSON, of Camp Hill, Cumberland ,~,~ ~ ~ ~=; ---~ ~ .. . - ~- , County, Pennsylvania, being of sound and disposing ~ , mind and --~ memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am married to Margaret E. Christianson (hereinafter referred to as "My Spouse") and the children born of our marriage are Alan D. Christianson, Karin R. Slate and Jean M. Rhine. As used herein the term "my children" shall refer to the aforelisted children born of my marriage with My Spouse. 1. TANGIBLE PERSONALTY. I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, artworks, boats and recreational equipment and vehicles, together with all policies of insurance thereon, to My Spouse, if My Spouse survives me. If My Spouse does not survive me, I give such articles to my children living at my death in as nearly equal shares as they shall select under the Page 1 of 13 Pages 276362.1 supervision of my Executor. Any cost of packing and shipping said personalty to the beneficiaries, including insurance, shall be paid by my Executor as a general administration cost. My Executor shall select such articles, if any, as such Executor deems appropriate for any minor and deliver the articles to the minor or to any person or persons chosen by such Executor whose receipt shall be a complete acquittance therefor. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. 2. RESIDUE. (a) I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), to My Spouse, if My Spouse survives me. (b) If My Spouse disclaims all or any portion of the bequest to My Spouse under paragraph (a) of this ITEM 2, I give and bequeath said disclaimed property to my Trustee hereinafter named, IN TRUST NEVERTHELESS, to be held, administered and disposed of in accordance with ITEM 3 for the benefit of My Spouse and my issue (herein referred to as the "Unified Credit Trust"). (c) If My Spouse does not survive me, I give, devise and bequeath all the said rest and residue of my property to my issue living at my death, per stirpes; provided, however, that should any such issue be the issue of a deceased child of mine and shall not then have attained the age of twenty-five years, each such issue's share shall be distributed to my Trustee, IN Page 2 of 13 Pages TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of each such issue (the "Grandchild's Trust"). 3. UNIFIED CREDIT TRUST. My Trustee shall have, hold, manage, invest and reinvest any assets passing to the Unified Credit Trust, collect the income and (a) Beginning at my death, my Trustee shall pay over the net income of the Unified Credit Trust to My Spouse during My Spouse's lifetime, in installments not less frequently than quarterly. In addition, my Trustee shall pay to My Spouse such amounts of the principal of such trust as, in the. sole discretion of my Trustee, shall be necessary for the maintenance, support and medical and nursing care of My Spouse, taking into consideration any other means readily available for such purposes. (b) Upon the death of My Spouse, my Trustee shall distribute the principal and any undistributed income of the Unified Credit Trust to my issue then living, per stirpes; provided, however, that should any such issue be the issue of a deceased child of mine and shall not then have attained the age of twenty-five years, each such issue's share shall be retained by my Trustee, IN TRUST NEVERTHELESS, each to be held, administered and disposed of as a separate trust estate in accordance with ITEM 4 for the benefit of each such issue (the "Grandchild's Trust"). 4. GRANDCHILD'S TRUST. My Trustee shall have, hold, manage, invest and reinvest the assets of each Grandchild's Trust, collect the income and (a) Until the beneficiary of the Grandchild's Trust (the "Grandchild") shall have attained the age of twenty-one years, my Trustee shall from time to time pay to or for the benefit of the Grandchild such amounts of the net income and principal of the Grandchild's Trust as, in the sole discretion of my Trustee, shall be Page 3 of 13 Pages necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. At the end of each year any unexpended income shall be added to the principal of the Grandchild's Trust. (b) After the Grandchild shall have attained the age of twenty-one years, my Trustee shall thereafter pay to the Grandchild the net income derived from the Grandchild's Trust in installments not less frequently than quarterly and such amounts of the principal as, in the sole discretion of my Trustee, shall be necessary for the Grandchild's maintenance, support, medical and nursing care and education, including college and graduate education, taking into consideration any other means readily available for such purposes. (c) If at the time of the creation of the Grandchild's Trust the Grandchild shall have then attained the age of twenty-five years or if the Grandchild shall thereafter attain that age, my Trustee shall distribute outright to the Grandchild the then remaining principal of the Grandchild's Trust. (d) If a Grandchild shall die before final distribution of the assets of the Grandchild's Trust is made, the then remaining principal and any undistributed income of the Grandchild's Trust shall be distributed to the Grandchild's issue then living, per stirpes; or if the Grandchild shall have no issue then living, to the issue then living of the parent of the Grandchild who was a child of mine, per stirpes, or, if such parent shall have no issue then living, to my issue then living, per stirpes; provided, ho.aever, in any event,. if any such beneficiary is then a beneficiary of a Grandchild's Trust hereunder, the share of such beneficiary shall be added to the principal of such Grandchild's Trust as if an integral part thereof, to be held, administered and disposed of in accordance with the terms thereof. Page 4 of 13 Pages 5. PERPETUITIES PROVISIONS. Nothing herein is intended to, nor shall it be construed to, postpone the vesting of any part of the assets of any separate trust estate hereunder for more than twenty-one years after the death of the survivor of me, My Spouse and my issue living at the time of my death. At the expiration of such period the assets of all the separate trust estates hereunder shall immediately vest in fee simple absolute in and be distributed outright to the person or persons then entitled to receive the income therefrom, whether in my Trustee's discretion or otherwise. 6. SPENDTHRIFT PROVISION. No interest in income or principal of my estate or any trust created hereunder shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate or of any trust created hereunder prior to the beneficiary's actual receipt thereof. My Executor or Trustee shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate or of any trust created hereunder and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. Page 5 of 13 Pages 7. SURVIVAL PRESUMPTIONS. Any person, other than My Spouse, who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. If My Spouse and I shall have died at the same time or under such circumstances that it is difficult or impossible to determine who shall have died first, My Spouse shall be deemed to have survived me. Any person other than me who shall have died at the same time as any then beneficiary of income of my estate or a trust created hereunder or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased such beneficiary. 8. FIDUCIARY POWERS. In the settlement of my estate and during the continuance of any trust created hereunder, my Executor and my Trustee shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or trust so to do, including securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates. (b) To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property, including Page 6 of 13 Pages securities owned, issued or underwritten by any corporate Executor or Trustee or any of their affiliates, or as to which my corporate Executor or Trustee or any of their affiliates are investment advisors, as my Executor or Trustee shall deem wise, without being restricted to so called "legal investments". (c) In order to effect a division of the principal of my estate or trust or for any other purpose, including any final distribution of my estate or trust, my Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor or Trustee shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor or Trustee may deem advantageous to my estate or trust, any or all real or personal estate or interest therein owned by my estate or trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. Page 7 of 13 Pages (f) To borrow money from any party, including my Executor or Trustee, to pay indebtedness of mine or of my estate or trust, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate or trust. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate or trust. (j) To assign to and hold in my estate or trust an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To divide any trust hereunder into two or more separate, but identical, trusts. To divide any trust hereunder which would have a generation skipping transfer tax inclusion ratio other than one (1) or zero (0), into two (2) separate trusts which are fractional shares, known as the "exempt trust" and the "nonexempt trust". The exempt trust is that fractional share of Page 8 of 13 Pages the total trust fund that has a generation skipping transfer tax inclusion ratio of zero (0), and the nonexempt trust is the remaining fractional share of the trust, with a generation skipping transfer tax inclusion ratio of one (1). The terms and conditions of the nonexempt trust and the exempt trust will be identical. Any reference to a trust created under this Will, without a further specification or limitation, shall be deemed to refer to both the exempt trust and the nonexempt trust, in proportionate amounts, where relevant. The assets of each separate exempt and nonexempt trust shall be held, administered and invested as separate trusts, and my Trustee shall maintain adequate accounting and records for both such trusts. My Executor shall indicate on the federal estate tax return filed for my estate that separate trusts will be created (or funded) and clearly set forth the manner in which the trust is to be severed and the separate trusts funded. (o) To employ and compensate from income or principal, in the discretion of my Executor or Trustee, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor or Trustee in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. 9. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valua- tion date. Page 9 of 13 Pages 10. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death, except any taxes relating to generation skipping transfers imposed under Chapter 13 of Subtitle B of the Internal Revenue Code, as amended ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 11. CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation of law, contract or otherwise, I appoint my Trustee hereinafter named, as Custodian for such individual under the Pennsylvania Uniform Transfers to Minors Act. 12. TRUST MERGERS AND TERMINATIONS. (a) If there should be established by My Spouse, either by Last Will and Testament or by inter vivos Deed or Agreement, trusts similar to the trusts herein established for the benefit of my issue, my Trustee herein shall have the right and power to merge trusts herein established with similar trusts for the same Page 10 of 13 Pages beneficiaries established by My Spouse and to operate each of the merged trusts as a single trust. (b) If, in the sole discretion of my Trustee, at any time any trust hereunder is or becomes too small to justify its maintenance as a separate trust, my Trustee, without any liability to any person or remainderman whose interest may be affected thereby and without the necessity of court approval, shall terminate such trust by distributing all the income and principal of the trust to the then income beneficiary or beneficiaries of said trust. If any additions to any such trust are received after its termination under this ITEM, such trust shall be revived and this provision shall continue to apply to it. The Trustee discretion herein granted shall in no event be construed as giving any potential distributee of a trust the right to compel a termination in whole or in part of such trust. 13. EXECUTOR APPOINTMENT. I hereby appoint My Spouse, MARGARET E. CHRISTIANSON, as Executrix of this Will. If for any reason My Spouse should fail or cease to act, I appoint my son, ALAN D. CHRISTIANSON, as Executor. All references in this Will to my "Executor" shall refer to my originally named Executrix, or to my successor Executor, as the case may be. 14. TRUSTEE APPOINTMENT. I hereby appoint My Spouse, MARGARET E. CHRISTIANSON, and my son, ALAN D. CHRISTIANSON, as Co- Trustees of any trust created hereunder. If either should fail or cease to act, I appoint my daughter, JEAN M. RHINE, as Co-Trustee in his or her place. So long as a Trustee or the issue of such Trustee is a beneficiary of any trust hereunder, such Trustee shall not (i) participate in any discretionary determination of Page 11 of 13 Pages the Trustee to distribute principal or income of such trust to or for the benefit of such beneficiary or to his or her issue; or (ii) participate in any discretionary determination of the Trustee to terminate said trust under the ITEM hereof entitled "TRUST MERGERS AND TERMINATIONS". An individual Trustee shall be deemed to have failed to serve as Trustee hereunder if, among other reasons, the treating physician of said individual Trustee shall certify in writing that such Trustee possesses permanent mental or physical incapacities which preclude such Trustee from discharging his or her duties as Trustee hereunder. If there is ever only one Trustee serving hereunder and no successor is herein named, such sole Trustee may, by written notice directed to the life tenant and the Trust, designate his or her successor(s) or Co-Trustee(s) to serve with him or her. Any Trustee serving hereunder shall have the right to resign from such office at any time, with or without cause and without Court approval. No successor Trustee shall be liable for the actions of a resigning or removed Trustee occurring prior to such successor Trustee taking office. All references in this Will to my "Trustee" shall refer to my originally named Co- Trustees or to my sole successor Trustee, as the case may be. 15. WAIVER OF BOND. My Custodian, Executor and Trustee shall qualify and serve without the duty or obligation of filing any bond or other security. Any corporate fiduciary shall be Page 12 of 13 Pages entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding twelve (12) pages, this ~ day of 1999. .~C _ ( SEAL ) David G. Christianson We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereo f the said Testator was of sound and disposing ~r~i~a3~ memo r ~. (SEAL ) (SEAL) Residing at: ~ Residing at : L`~j_ ~' Page 13 of 13 Pages COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF ~~ 1,~~...-~ , We, DAVID G. CHRISTIANSON, `~,>.~~~~~ :~, ~~,~,..~~.~. and g)~-Yx~~+~ir . ~~c~_C. ~~-, < <,,,~1 the Testator and the Witnesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testator, in the presence of the Witnesses, signed said instrument as his Last Will and Testament, that he signed voluntarily, that each of the witnesses, in the presence of the Testator and of each other, signed said Will as a witness and that to the best of the knowledge of each witness, the Testator was at the time of sound mind and under no co straint or undue influence. -C~ ., Davy G. Christian n r ~~ ' n ss ~~ Wi ness Subscribed and acknowledged before me by David G. Christianson, the Testator, and subscribed and sworn to before me and ~~-~~ ~~-~k C~ri .-~..~ the witnesses, on this ~ day of ~,t-~r-~ ~ 1999. r Notary ,P blic My Commission Expires: (SEAL Notarial Seal Cindy L. Leitzei, Notary Public iiarrisburq, Dauphin County My Commission Expires Dec. 2, ^002 Member; Pennsylvania Kssociation of Notaries 2 0 8'7'7 8 .1