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HomeMy WebLinkAbout10-21-09 P~J 3 ~ i -~ ,y ;~ 1 _} .. I, FRANK MELLORS BORTH, domiciled in the State o~w Pennsylvania, and a citizen of the United States, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all Wills and Codicils heretofore made by me. FIRST: BEQUEST OF ALL PROPERTY I devise and bequeath all my property, real and personal, of whatever nature (excepting, however, any property over which I have a Power of Appointment unless such Power is specifically exercised herein), wherever located, to the then trustees under the Revocable Trust Agreement made and entered into on this date by and between me as Grantor and STEVEN BORTH, KATHERINE BORTH KROMER and me as Trustee as the agreement is amended from time to time to be added to the corpus of THE FRANK MELLORS BORTH REVOCABLE TRUST created thereby and held, administered and distributed as a part thereof. SECOND: PAYMENT OF EXPENSES To the extent not otherwise paid by the trustees of THE FRANK MELLORS BORTH REVOCABLE TRUST, my Executor shall pay out of my residuary estate my funeral expenses, the expenses of my last illness and all valid claims against my estate to the extent that such expenses and claims are deductible in computing my taxable estate for U.S. federal estate tax purposes and to the extent that such expenses and claims are not so deductible, I authorize my Executor to pay such expenses and claims from any available post- death income of my estate. `?`7 l j '._) ~t ~; -; -; ~~ .. ,; Page 1 of 7 Pages THIRD: PAYMENT OF TAXES To the extent not otherwise paid by the trustees of THE FRANK MELLORS BORTH REVOCABLE TRUST, my Executor shall pay all estate, inheritance, or death taxes imposed by reason of my death with respect to any property includible in my gross taxable estate and passing under this Will or constituting part of the trust estate of THE FRANK MELLORS BORTH REVOCABLE TRUST. Such taxes shall be paid as an administrative expense. FOURTH: EXECUTOR'S POWER I hereby give and grant to my Executor and his successor or successors, in addition to and not in limitation of the power and authority granted by law, the following powers and authority which may be exercised by him at any time and from time to time as he may in his discretion deem advisable: A. To hold and retain all or any part of the property comprising my estate at the time of my death as long as he may deem advisable even though some or all of it may be non- productive. B. To manage, operate, repair, improve, mortgage and lease any real or personal property of which I may die seized or possessed or which may at any time form part of my estate for any period on such terms as he may deem advisable. C. To sell (at public or private sale, without application to any court), exchange, partition or otherwise dispose of any property, real or personal, of which I may die seized or possessed or which may at any time form part of my estate, for cash or upon credit, in such manner and on such terms and conditions as they shall determine. No person dealing with my Executor shall be bound to see to the application of any monies paid. Page 2 of 7 Pages D. To carry on any business owned or controlled by me for such period of time as may be deemed advisable or to sell or liquidate the same. E. To invest and reinvest any funds in my estate in any property, real or personal, of any kind or nature, without any duty to diversify investments, and notwithstanding that such investments may not be of the character specifically authorized by law for executors, it being my intention to give my Executor the same power of investment and reinvestment which I myself possess with respect to my own funds. F. To make any loans, either secured or unsecured, in such amounts, upon such terms and to such individuals, firms or corporations as they may deem advisable. G. To renew or extend the time of payment of any obligation, secured or unsecured, payable to or by my estate or any trust created hereby for as long a period or periods of time, and on such terms as they may deem advisable. H. To borrow money for any purpose in connection with the administration of my estate from any source including any corporate Executor; to execute promissory notes or other obligations for amounts so borrowed and to secure the payment of any amounts so borrowed by mortgage or pledge of any real or personal property of which I may die seized or possessed or which may at any time form part of my estate. I. To cause to be registered in the name of a nominee or nominees of my Executor, without qualification or description, any securities held by my estate at any time; or to take and keep any such securities unregistered and to retain them in such condition that they will pass by delivery; and to hire and maintain a vault for the safekeeping of any securities. Page 3 of 7 Pages J. In respect of any securities forming part of my estate: to vote upon any proposition or election at any meeting of shareholders or other owners; to grant proxies, discretionary or otherwise, to vote at such meetings; to join in or become a party to any reorganization, readjustment, merger, voting trust, consolidation or exchange; to deposit any such securities with any committee, depository, trustee or otherwise; to pay any fees, expenses and assessments in connection therewith; to exercise conversion, subscription or other rights, or to sell or abandon such rights; and to receive and hold any new securities issued as a result of any reorganization, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights. K. To treat the receipts from any oil and gas or other mineral interests, whether held outright or held by a partnership or joint venture of which my estate is a member, in whole or in part, as principal or income, as he shall determine in his discretion. L. Whenever he is required or permitted to divide or distribute my estate, to make such division or distribution in kind or in money or partly in kind and partly in money. M. To adjust, settle, compromise and arbitrate claims or demands in favor of or against my estate upon such terms as he may deem advisable. N. To determine whether the amortization of any premium on any investment acquired at a premium shall be a charge to income. O. To exercise, at such time and in such manner as may be deemed appropriate, any right of election permitted by the Code or any other tax law from time to time in force in respect to claiming administration expenses or other items as deductions for estate tax purposes or for income tax purposes and in determining Page 4 of 7 Pages the date upon which to value my estate for estate tax purposes. P. To act in any jurisdiction in which he may be permitted by law to do so or to designate one or more other persons or bank to be ancillary executors in states in which ancillary administration may be necessary, and any such ancillary executor shall have all of the rights, powers and discretion hereby granted to my Executor. Q. To employ attorneys, accountants, agents, custodians, clerks, investment counsel and such other persons as he may deem advisable in the administration of my estate, and to make such payments therefor as he may deem reasonable, and to delegate any discretion which he may deem advisable, to the extent permitted by law. R. To employ any securities or brokerage firm in the purchase or sale of stocks, bonds or other securities or property for the account of my estate; and in connection therewith, to pay such firm's brokerage commissions, notwithstanding that my Executor may be a member of, or otherwise connected with, such firm. FIFTH: EXECUTORS A. I hereby nominate and appoint my children, STEVEN BORTH and KATHERINE KROMER BORTH, or the survivor of them, as Executors of this, my Will. B. I direct that my Executors named herein shall be permitted to qualify and act as such in any jurisdiction without the giving of a bond or other security. Page 5 of 7 Pages SIXTH: IN TERROREM CLAUSE If any person named as a beneficiary herein shall file, or cause to be filed, objections to, or in any other manner contest this Will or any codicil hereto, in part or in whole, or attempt to prevent the probate thereof, or, directly or indirectly, institute or prosecute any action of proceeding to invalidate or set aside this Will or any of its provisions, then I direct that any such person shall receive nothing under this Will and all provisions for or in favor of such person or persons shall be revoked and I direct that all legacies and devises for the benefit of such person or persons shall become part of my residuary estate, except that, if such person shall be entitled to share in my residuary estate then the share of such person shall be disposed of as if such person had predeceased me without leaving issue surviving me. SEVENTH: MISCELLANEOUS A. In any proceeding relating to my estate, service of process upon any person under a disability shall not be made when another person not under a disability is a party to the proceeding and has the same interest as the person under the disability. B. All provisions of this Will shall remain effective notwithstanding the birth or adoption of any child after the date hereof. C. All references in this Will to children, issue and the like shall be deemed to include any child heretofore or hereafter adopted and his or her issue by blood or adoption. D. Wherever necessary or appropriate, the use in this Will of any gender shall be deemed to include the other gender; and the use in this Will of either the singular or the plural shall be deemed to include the other. Page 6 of 7 Pages E. The headings of the Articles herein are inserted for convenience only and in no way define, limit or prescribe the intent of such Articles. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~.~ day of ~~~~, ~y 2005. FRANK MELLORS BORTH SIGNED, SEALED, PUBLISHED AND DECLARED by the Testator, FRANK MELLORS BORTH, as and for his Last Will and Testament, in the presence of each of us, who, at his request and in his presence and in the presence of each other, have her~,.eunto subscribed our names as witnesses this 1~-~~~ day of ~ ,.~.~~ ~r,,~ 2005, this clause having been read by us and each of us~before signing our names thereto, and we hereby certify that the matters herein stated took place in fact and in the order herein recited. WITNESSES: .~ ; ~ ~ f .~' ~.~,. a a..a.. residing at residing at ~ ~' d . ~" Mme. i V ;, { y ~ Y.. - _./ ,,.._ rr ~i~~'.C,,m,l~~~=, r'.-~ /_f4 chi Page 7 of 7 Pages AFFIDAVIT OF ATTESTING WITNESSES (Before Death) Pursuant to SCPA 1406 STATE OF ~ 2~1~1s~/~dA,~~.,~ ) ss.: COUNTY OF m v l ,~ d ) 1`','.t ,~'' :' b t:;~,.~.- and ;jam ~~~ ~~Z~ ~., ~,~i f r1~_~..,. being duly sworn, depose and say: r ,, .~ We reside at ! " ' ~ _ ~~- ~ ~ ~ : ~ C~~ ~~~ = s~ ~ - and ~. , , l~'~ t' °~ - J~.f ° ~ ~` + t ~~- j ,!'~ ~ ~ t.; ~~_, `~=~ i~ t- ti;~ v t ~ (f . t-~~ 1 " ~ ~ E ,respectively. We are the two attesting witnesses to the instrumentbearingdatethe ',- ~~ day of ~, .~r~ ..:~_,~c~:.., 2005, to be offered for probate as the Last Will and Testament FRANK MELLORS BORTH, and make this affidavit at the request of FRANK MELLORS BORTH, the Testator. On the `:.- day of ~ , ~=y ~~-~-{ , 2005, the Testator requested that we execute this affidavit. At the time of making such subscription, the said Testator declared the said instrument so subscribed by him to be his Last Will and Testament; and deponents thereupon signed our names as witnesses at the end of said instrument at the request of said Testator and in his presence. The said Testator at the time of so executing said instrument was upwards of the age of eighteen years, and, in our opinion, of sound mind, memory and understanding not under any restraint or in any respect incompetent to make a Will. The Testator could read, write and converse in the English language and was suffering from no defect of sight, hearing or speech, or from any other physical or mental impairment which would affect his capacity to make a valid Last Will and Testament. Said Last Will and Testament was executed as one instrument and was not executed in counterparts. The undersigned were acquainted with said Testator at the time of the execution of the Last Will and Testament. Sworn to befo,~e me this a3 r d day of zcem ~~.~ , 2005. ~/ Notary Public __ ____e. .._ __.___..__..______. ,; ~~ , -; r .~ ~.- a j> .- / .. Glenda Farner Strasbaugh Register of Wills & Clerk of the Orphans' Court Kirk S. Sohonage, Esquire Solicitor 1 Courthouse Square, Room 102 Carlisle, PA 17013 OFFICES OF Marjorie A. Wevodau First Deputy Wanda S. Zeigler Second Deputy (717) 240-6345 FAX (717) 240-7797 1-888-697-0371 x 6345 ~.egi~ter of ~t~C~ alnb ~rer~ of t~je ®r>~~jau~' court ttLnunty of C~CumberTanb October 21, 2009 Donna Belote Probate Clerk Accomack Circuit Court Clerk's Office 23316 Court House Avenue Accomack, VA 23301 IN RE: Estate of Frank Mellors Borth, deceased Estate No. 21-09-0988 Your Honor: Enclosed please find a Commission to Take Oath, Petition for Probate and Grant of Letters and Oath of Personal Representative. If you would please advise Katherine Kromer Borth, when she may appear before the Probate Court to execute the oath, it would be appreciated. Katherine Kromer Borth's telephone number is 757-787-1480. Enclosed you will find an envelope for the return of the Petition and Oath. If you have any questions or concerns, please feel free to call. Res ectfully, -,r' ~ ~' ',-. G en a arner Strasbaugh Register of Wills and Clerk of the Orphans rt Enclosures OCT-2?-209 1"~ ~ Q PURCELL~ KRIJG~ ~HAL.L~R ?i7 ?8G~ 4y39 P. ~:. FAX.1J~-MAIL COVER SHEET PL°RCELL, KR[TG cox ~A~.,Y,ER 1719 :~IO1~TH FRONT STREET FiAR~SBURG, PA 171Q2-2392 717-234-417$ (VC)I:ti;E) 717-783-4939 (FAX) BSS~.A,UEL~a PKH.CGM Tt): Donna -- Prabate Clerk's Gffice FiZ~M: Bobbi Shadel, Legal A.ssistattt to Jill M. Wineka, Bsq. DATE: 1 a127/Q9 1•;AX ~: (7~7} 7~7-1849 PAGES: 3 lt.e: estate of Frank Mellars Barth r7ea..r Darna: Per our phone eoziversatian of this date, attached phase find the revised Petition far Probate and Grant of Letters for the above Estate, slxowirt~ the Co-Executor's name as; Katherine Kramer Borth n/k/a T~atherine Borth. Kromer. A,s we discusser, please have Katherine sign her name as: Katherine lK.rorner B©rth n/k/a Katherine Borth lK,rdnxer. Rabbi 5hadel COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT NORFOLK DIVISION ,r< .~ 3S SHAWMUT ROAD FIRST JUSTICE CANTON, MA 02021 ROBERT W. LANGLOIS TEL. (781) 830-1200 Fax (781)830-4310 ASSOCIATE JUSTICES WWW.NCPFC.COM CHRISTINA L. HARMS ANGELA ORDONEZ October 28, 2009 Glenda Farner Strasbaugh Register of Wills and Clerk of Orphans' Court One Courthouse Square Carlisle, PA 17013 In RE: Estate of Frank Mellors Borth Dear Register Strasbaugh: REGISTER 8 CLERK MAGISTRATE PATRICK W. MCDERMOTT JUDICIAL CASE MANAGER RICHARD P. SCHMIDT ASST.JUD.CASEMANAGER CLARE GAMBERONI LESLEY GOLDSMITH KATHRYN HANNON JOHN JENNEV MICHELLE KAMINSKI KATHRYN SILVERIA Enclosed please find the Oath of Mr. Steven Borth regarding the above referenced estate. As a professional courtesy, no fee is charged for this service. If this office can be of any assistance to you in the future, please do not hesitate to contact me again. Sincerely, ~ VC:~~ Lisa J. Vilk H.A.A. lv ® PRINTED ON RECYCIED PAPER ~~M~ o ~= Register of Wills of Cumberland County State of Pennsylvania SS: County of Cumberland BE IT REMEMBERED, that I, Glenda Farner Strasbaugh, Register of Wills of Cumberland County, Pennsylvania, do hereby commission you, Donna Belote, Probate Clerk, or one of your deputies, to administer the Oath of Personal Representative in the Estate of Frank Mellors Borth, late of West Pennsboro Township, Cumberland County, Pennsylvania pursuant to Section 3154 of the Probate Estates and Fiduciaries Code, 20 Pa.C.S.A.3154. IN TESTIMONY WHEREOF, I have here unto set my hand and affixed my seal the 21st day of October, 2009. ~,1 ;, Glenda Farner Strasbaugh ,! ~ Register of Wills ~--~ Cumberland County