HomeMy WebLinkAbout03-01-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Frances E. Freet
also known as
File Number ~ I r/ U ^ ~ ~ 9 ~_
Deceased
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
Social Security Number 140-12-1641
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the John F. Freet, Jr. named in the
last Will of the Decedent dated Apri122, 2005 and codicil(s) dated Noah
(State relevant circumstances, e.g., renunciation, death of execraor, etc.)
Except as follows, Decedent did not many, 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:
0 B. Grant of Letters of Administration
(Ijapplicable, enter: e.t.a.; d.b.n.c.t.a.; pendenre life; durance absentia; durance minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if nay) 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.)
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(COMPLETE WALL CASES:) Attae/t additional sheets ijneeessary. j :: ~~; r'
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last princ~al residence ~ ..' ~=
15 Appalachian Drive. Carlisle. PA 17015
(List street address, town/city, township, county, state, zip code)
Decedent, then 88 years of age, died on February 17, 2010 at Carlisle Regional Medical Center
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 $ a? !~d
situated as follows: 15 Appalachian Drive, Carlisle, PA 17015
Wherefore; Petitioner(s) respectfully request(s) the grobate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned: ;
t a or anted name and residence
`~ ,(~(~ ~ ~ John F. Freet, Jr., 2268 Sutton Road, York, PA 17403
Forne RW-O2 rev. 10.13.06 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA .
SS
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition aze true and correct to the best of
the lrnowledge 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 affitm~d and subscribed
before me the ~ day of
2010'
-s~~y~°uc'~•~
Signature of Personal Representative
_ ST ~..~
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For the Register Signature of Personal Representative ~ ~ µ, . --i-a
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qq G C "s.7
File Number: .C. ~"~~ ` ~~ l
Estate of Frances E. Freet
Deceased
Socia"~l',S~eecurity~~Number: 140-12-1641 Date ofDeath:February 17, 2010
AND NOW, ~ ~~~ ~jCD , in consideration of the foregoing Petition, satisfactory proof
having been presented before IS DECREED that Letters Testamentary
aze hereby granted to John F. Freet, Jr.
in the above estate
and that the instrument(s) dated Apri122, 2005
described in the Petition be admitted to probate and filed of record~the last Will (and Codicil(s)) of Dece~ e~nt. ^ -
n ,.
FEES ~
Letters ............... $ ~ ~(~ ~~y Regcster of s
Short Certificate(s) ........
$ 12C~.~
Attorney Signature: _
~ ~~[~_ ""~00~
Renunciation(s) .......... $ r
~~ ~ $ ~5 ~~~, Attorney Name: ,
S • • • $ ~ -~ Supreme Court I.D. No.: 15641
$ Address: 78 West Pomfret Street
• • • $ Carlisle, PA 17013
... $
... $
' ' ' $ Telephone: 717-243-0123
... $
TOTAL .............. $ 0.00
Form RW-01 rev. 10.13.06 Page 2 of 2
_ ~-~ 2j-~n-~~y~
LOCAL REGISTRAR'S CERTIFICATION OF DEATF~
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 1635498
Certification Number
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
~~t~~~~>~r f~ ~ s~2a~o
Local Registrar Date Issued
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Drpoeleon PermN NO.-• U~"~-~^~~~'I~
LAST WILL AND TESTAMENT
OF
FRANCES E. FREET
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I, FRANCES E. FREET, of Middlesex Township, Cumberland County, Pennsylvania, do
make, publish and declare this to be my Last Will and Testament, hereby revoking any and all Wills
and Codicils heretofore made by me.
ITEM I: I direct that all inheritance and estate taxes becoming due by reason of
my death, whether such taxes maybe payable by my estate or by any recipient of any property, shall
be paid by the Executor out of the property passing under ITEM VI of this Will, as an expense and
cost of administration of my estate. The Executor shall have no duty or obligation to obtain
reimbursement for any such tax so paid, even though on proceeds of insurance or other property not
passing under this Will.
CJ
ITEM II: I direct the Executor to pay the expenses of my last illness and funeral
expenses from the property passing under this Will as an expense and cost of administration of my
estate.
ITEM III: I may leave a written statement with my will disposing of certain items
of my tangible personal property not otherwise specifically disposed of herein. Any such statement
in existence at the time of my death shall be determinative with respect to all items listed therein. If
no written statement is found with my will and properly identified by the Executor within thirty (30)
days after the probate of my Will, it shall be presumed that there is no such statement; any
subsequently discovered statement shall be ignored.
ITEM IV: I give and bequeath to my children absolutely and in fee simple all of
my household furniture and furnishings, books, pictures, jewelry, silverwaze, automobiles, wearing
appazel and all other articles of household or personal use or adornment and all policies of insurance
thereon not disposed of in the written list referenced in ITEM III, to be divided among them as they
shall agree. Should there be no agreement, such property shall be divided among them by the
Executor in as neazly equal portions as is deemed practical in the sole discretion of the Executor,
having due regard to the personal preferences of such children.
ITEM V: I give, devise and bequeath my real property located at 514 School
House Avenue, Cazlisle, Pennsylvania, to M&T BANK, Cazlisle, Pennsylvania, to be added to the
principal of the Trust established under ITEM VI hereof for the benefit of my son, BENJAMIN
LONG FREET. During the continuance of the Trust, my son, BENJAMIN LONG FREET, shall
may reside in said house as permitted by my Trustee. If it appears unlikely that my son,
~ ;~ BENJAMIN LONG FREET, will be restored to sufficient health to return to this property, my
,'~~ Trustee has authority to sell the property with the proceeds added to the Trust principal. This
decision shall be a decision made in the absolute discretion of my Trustee after consultation with all
of my children.
ITEM VI: I give, devise and be ueath all the rest, residue and remainder of m
q Y
estate, not disposed of in the preceding portions of this Will, to my children, in equal shazes, the
shaze for my son, BENJAMIN LONG FREET, to be held by M&T BANK, Cazlisle, Pennsylvania,
as Trustee, IN TRUST NEVERTHELESS, for the uses and purposes set fourth in ITEM VII hereof.
If any of said children aze not living at my death, the share of said deceased child shall be paid to the
then living issue of said deceased child, per stirpes.
ITEM VII: The following provisions shall apply to the Trust established for the
benefit of my son, BENJAMIN LONG FREET:
3
(a) Tl~e Tru X11 pay so much of the net income arising from the
principal of this Trust, and ao much of the principal, as the Trustee, in its sole and
unfettered discretion, but after consultation with my daughter, MARGARET
ELIZABETH ATKINS, and my son, JOHN FRALICH FREET, JR., deems
advisable, to enrich the life experience of my son, BENJAMIN LONG FREET.
The balance of the net income, if any, shall be accumulated by the Trustee and added
to principal. I do not expect my TRUSTEE to make distributions for basic living
expenses that would disqualify my son for benefits to which he is entitled due to his
disability.
(b) In exercising any discretion herein conferred, the TRUSTEE first shall
inquire into the availability of benefits, support, services and/or financial assistance
available from other sources, including government agencies and/or programs, which
will defray, in whole or in part, the cost of any expenditure the TRUSTEE may
contemplate. I specifically intend that my son receive, to the fullest extent possible,
benefits available under any public or private program, and that the discretionary
authority herein shall be exercised to protect, enforce and expand my son's benefits
under such programs, and not to reduce benefits, support, services and/or financial
assistance from other sources, including government agencies and/or programs, even
if the exercise of such discretion results in my son receiving no benefit or
distributions from the Trust. The TRUSTEE may, in its absolute discretion pay third
~ , '1
`-~/ parties for rent or occupancy expenses for my son even though such payment will
cause a reduction in my son's SSI entitlement, if the TRUSTEE determines that the
benefit to my son from such payments outweighs the reduction of benefits. (c)
This Trust shall terminate, and the assets of this Trust shall be distributed to
BENJAMIN LONG FREET
if
hi
i
my son,
,
a psyc
atr
st acceptable to my daughter,
MARGARET ELIZABETH ATKINS, my son, JOHN FRALICH FREET, JR.,
and to the Trustee, and who has examined my said son, certifies that he no longer
4
suffers from a disabling psychological or psychiatric condition and that such
condition is not likely to reoccur.
(c) My son shall be deemed to have become deceased, and this Trust shall
terminate, upon the occurrence of any of the following events:
(i) A ruling that the provisions of this Trust aze void
as against public policy;
(ii) A ruling that the net income or principal of this
Trust may be subject to the claims of any agency
or governmental entity for services rendered to my
son; or
(iii) A ruling that the income or principal of this Trust
is to be considered a resource of my son for the
purpose of determining his eligibility for or
entitlement to any benefits.
(d) Upon the death of my son, BENJAMIN LONG FREET, this
Trust shall terminate and the Trustee shall distribute the principal, accretions
thereto, and any accumulation of income as follows:
(i) The real property located at 514 School House
Avenue, Cazlisle, Pennsylvania, [if still retained as trust property]
shall be distributed in equal shazes to my son, JOHN FRALICH
FREET, JR. and my daughter, MARGARET ELIZABETH
ATKINS; and
(ii) The remaining assets shall be distributed to the then
living issue of my son, BENJAMIN LONG FREET. If there aze
then no living issue of my son, BENJAMIN LONG FREET, then
said amount shall be paid to my son, JOHN FRALICH FREET, JR
and my daughter, MARGARET ELIZABETH ATKINS, in equal
shazes. If either of said children aze not living at the time of
5
termination of t~s Tn~a#, tl~e share of said deceased child shall be
paid to the then living issues of said deceased child, per stripes.
(iii) If the Trust terminates due to the provisions of (d)
above, I request that my son, John and my daughter, Margaret, shall
use the distribution that they each shall receive for the benefit of my
son, Benjamin, for as long as he shall live.
ITEM VIII: No part of the income or principal of the property held under any Trust
created by this Will shall be subject to attachment, levy or seizure by any creditor, spouse, assignee
or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. The
Trustee shall pay over the net income and the principal to the parties herein designated, as their
interests may appear, without regard to any attempted anticipation, pledging or assignment by any
beneficiary under a Trust, and without regard to any claim thereto or attempted levy, attachment,
seizure or other process against said beneficiary.
ITEM IX: In the settlement of my estate and during the continuance of the
foregoing Trusts, the Executor and the Trustee shall possess, among others, the fallowing powers:
(a) To retain any investments I may have at my death, including
specifically those consisting of stock of any bank even if I have named such bank as
the Executor or Trustee herein, so long as the Executor or Trustee may deem it
advisable to my estate so to do.
(b) To vary investments, when deemed desirable by the Executor or
Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other
securities or in such other property, real or personal, as they shall deem wise, without
being restricted to so-called "legal investments", and without being limited by any
statute or rule of law regarding investments by fiduciaries.
(c) In order to effect a division of the principal of a Trust or for any other
purpose, including any final distribution of a Trust, the Executor or Trustee is
authorized to make said divisions or distributions of the personalty and realty, partly
or wholly in kind, and to allocate specific assets among beneficiaries and Trusts
created hereunder so long as the total mazket value of any shaze is not affected by
such division, distribution or allocation in kind. Should it appear desirable to
partition any real estate, the Executor or Trustee is authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including giving of
mutual deeds, recognizance or other obligations, with as wide powers as an
individual owner in fee simple.
(d) To sell either at public or private sale and upon such terms and
conditions as the Executor or Trustee may deem advantageous to the estate or Trust,
any or all real or personal estate or interest therein owned by the estate or Trust
severally or in conjunction with other persons or acquired after my death by the
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 cleaz
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
cazrying out any of the powers conferred upon the Executor or Trustee in this
pazagraph or elsewhere in my Will.
(e) To mortgage real estate, and to make leases of real estate.
(f J To borrow money from any party, including the Executor or Trustee,
to pay indebtedness of mine or of my estate, expenses of administration or
inheritance, legacy, estate and other taxes, and to assign and pledge assets of my
estate therefor.
(g) To pay all costs, taxes, expenses and chazges in connection with the
administration of my estate or a Trust.
(h) To vote any shares of stock which form a part of the estate or Trust,
and otherwise to exercise all the powers incident to the ownership of such stock.
(i) In the discretion of the Executor or Trustee, to unite with other owners
of similaz property in cazrying out any plans for the reorganization of any corporation
or company whose securities form a part of the estate.
(j) To disclaim any interest in property which would devolve to me or my
estate by whatever means, including but not limited to the following means: as beneficiary
under a will, as an appointee under the exercise of a power of appointment, as a person
entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
(k) To do all other acts in their judgment deemed necessary or
desirable for the proper and advantageous management, investment and
distribution of the estate or Trust.
(1) To employ agents, brokers, legal counsel, realtors, and other
assistants and advisors, investment advisors, and specifically including an
experienced and qualified behavioral health case manager to advise Trustee
as to the most appropriate care and services to be provided to Beneficiary as
a~ well as the consequence on government benefits of proposed distributions
(~ , from the trust, as shall be deemed by the Trustee needed for the proper
~J administration of the Trust, and to do so without liability for any neglect,
omission, misconduct or default of any such agent or representative, provided
he, she or they were selected and retained with reasonable care.
ITEM X: Whenever and as often as any beneficiary hereunder, to whom
payments of income or principal are herein directed to be made, shall be under legal disability, or, in
the sole judgment of the Trustee, shall otherwise be unable to apply such payments to his own or her
own best interests and advantages, the Trustee may make all or any portion of such payments in any
one or more of the following ways:
(a) Directly to such beneficiary:
(b) To the Legal Guardian or Conservator of such beneficiary;
(c) To a relative of such beneficiary, to be expended by such relative for the
benefit of such beneficiary; or
(d) By itself expending same for the benefit of said beneficiary.
ITEM XI: Any person who shall have died at the same time as I shall have, or in
a common disaster with me, or under such circumstances that the order of our deaths cannot be
established by proof, or within thirty (30) days of my death, shall be deemed to have predeceased me.
~'J ITEM XII: I hereby nominate, constitute and appoint my son, JOHN FRALICH
FREET, JR., to be the Executor. Should JOHN FRALICH FREET, JR., fail to qualify or cease
to act as Executor, I appoint my daughter, MARGARET ELIZABETH ATKINS, to be the
Executrix. The Executor or Executrix and Trustee are specifically relieved from the duty or
obligation of filing any bond or other security.
ITEM XIII: I hereby empower my children, JOHN FRALICH FREET, JR., and
MARGARET ELIZABETH ATKINS, to replace the Trustee I have appointed herein with a new
corporate Trustee by delivering a written notice to the corporate Trustee that I have appointed with
notice of the substitution with a written consent of the replacement corporate Trustee. There shall be
no limit to the number of times that my children shall be empowered by replace a corporate Trustee
or successor corporate Trustee.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and
Testament, consisting often (10) printed pages, this _~ day of Apri12005.
~,e` ~ ham.,.. ~.rl v~~.~.¢~- (SEAL)
FRANCES E. FREET, Testatrix
Signed, sealed, published and declared by the above-named Testatrix, FRANCES E.
FREET, as and for her Last Will and Testament, in the presence of us, who, at her request, in her
sight and presence, and in t~sight and presence of each other, have hereunto subscribed our names
~~°'"
COMMONWEALTH OF PENNSYLVANIA )
. SS.
COUNTY OF CUMBERLAND
wE, FRANCES E. FREET, TAYLOR P. ANDREWS, and ~Q ~ ~ ~. F ~~, the
Testatrix and witnesses, respectively, whose names are signed to the foregoing or attached
instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix
signed and executed the instrument as and for her Last Will and Testament and that she signed
willingly and that she executed as her free and voluntary act for the purposes therein expressed, and
that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witnesses
and that to the best of their knowledge the Testatrix was at the time eighteen (18) or more years of
age, of sound mind and under no constraint or undue influence.
.(SEAL)
(SEAL)
Subscribed, sworn to and acknowledged before me by Frances E. Freet, the Testatrix, and
~upscribed to and sworn or affirmed to before me b~j TAYLOR P. ANDREWS and
~~~.~ ~C . ~s.e,l\ ,witnesses, this pia' "1 day of Apri12005.
(SEAL)
NOTARIAL SEAL Notary Publi
SHELLY SEXTON, Notary Public
Carlis4e Boro, Cumberland County
nny Commission Expires April 26, 2007