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HomeMy WebLinkAbout03-29-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of Florence Alice Brickner also lmown as ,Deceased COUNTY, PENNSYLVAI~TIA File Number ~ ` _ ~ u - ~a3 Social Security Number 209-12-9511 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 Executors named in the last Will of the Decedent dated February 17, 2005 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 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: (If Administration, c.t.a. or db.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) n o :-_,: - (COMPLETEINALL CASES:) Attach additional sheets ijneeessary. =`~ ~ ~~ "_' -c~ ~ ,..~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal re~tdence at ~_ , " 2 Echo Roa Carlisle PA 17015 (List street address, tawn/city, township, county, state, zip code) Decedent, then 85 years of age, died on March 2, 2010 at Carlisle Regional Medical Center Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 0.00 (If not domiciled in PA) Personal property in Pennsylvania $ 0.00 (If not domiciled in PA) Personal property in County $ 0.00 Value of real estate in Pennsylvania $ 0.00 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 ~ ~ Lester L. Brickner, 2 Echo Road, Carlisle, PA 17015 V ~ _ .~ , n n n (./ _ ~ rI. Fasick, 107 Hilltop Road, Boiling Springs, PA 17007 Form RW-02 rev. 10.13.06 Page L Of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~E~-~ SS 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 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 tiefors me fhe .~ day of 1 ~~ o - ' , - Fortlie gi er S~nature of Personal Representative Signature of Personal presentative ~ Q o ~ t :. *~ -m ~J ~ t 5'f '_.~ t`T'I n ~ ^'r ..1~3 Signature of Personal Representative r--- tTt ~:. ~ ,~~ N ~ ~;,~- ~,~, ~.., ~. _~ _~~~ (~ ~- . fir, -~=1 .. File Number:~~ ~ - 1 U ' ~~ c'~:~ ~ cn Estate of Florence Alice Brickner .Deceased Social Security Number: 209-12-9511 Date of Death: March 2, 2010 AND NOW, ~l~'1 ~~ . ~_, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Lester L. Brickner and Dorothy I. Fasick in the above estate and that the instrument(s) dated February 17, 2005 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. _ FEES Letters ............... $ ~ ~ Short Certificate(s) ........ $ trC~ Renunciation(s) .......... $ ul~ll ... $ °~ ~ CS Y~,1.P.t ... $~~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ 7~ • rj0 e:ee~ Form RW-02 rev. 10.13.06 Attorney Signature: Attorney Name: Address: Telephone: 78 West Pomfret Street Carlisle, PA 17013 c~~. 717-243-0123 Page 2 of 2 Supreme Court I.D. No.: 16453 105.805 RFV 10007) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 16354637 Certification Number This is to certify that the information here given is correctly copied' from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~~e`'`c~'~'~`'t-°~'r MA1~ 3 /`1010 Local Registrar Date Issued C`) N ~ © Z .+ ~~ ~i' 1'~~ ~~ .~"~ .~ +r.7 ~ 4.__ l ~ _7 ~ .- ~ ~~' n Q E ~ f i ~ -~ ~ ; =;' ~ --( ~ ~~ ~ ~ .. . . v ~ ~.~ t7 .; 0 inoslu w:v nnaoe Tme r pw+r f~ fRr~c 3I 4i 3 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH ($N Instrudrtlona end sxnmplen on roveros) M1TF FII F NIrrIFR 1. Nelr d DandrM (wr. nga.ler e1dN0 2 8r 9.9odr 8ewq Numher d, qre d DrM Qdoldh, deK 3w) Florence Alice Brickner Female 209 - 12 - 9511. March 2, 2010 9•riueNreedr.r) unaerl undrl e.orfa t. eldare« ee..rrraDrfl «r 85 "°"' °"' "°" '~"" Nov. 8, 1924 Carlisle, PA "°~'` °~` Yn. Ypwd ^p1IDWrWe ^ODA ^. Ibnle ^Mahna ^Utlw-Speoxr: ee. collar d Deer ec. CfX mr, Tlq. a Derl ea Filer Nelr Ix na eewelRl, yr rnr elr ne116eQ e. Mw o.caa.x a Nrprdc OnpM No rr fa. ~.: Medrn bdr, erdl, Mddr. eb ~~ Cumberland 3. Middleton TwQ. .Carlisle Regional Medical Center ~.re.) white n. oeoealte IAlrl a vakdor a nci Brie 1z Wr o.ao«+..w b al. fa o.aarnt eer.~on lev~i a~ ~w~i 1~. Mrw sirlr rrlr4 ww rrwa. 1s. a.wwlu syol.. m Rw, one mrden Iwl•.) Dnaned (S~md1 Wbowed iarartat Nbedsfererbarer , U.B. Amnd F«ar7 eiellwdryrsecarey(o-12) CeaPl1~4«sa I for stal Mf ^~ ^~ 12 wid~noed to DeoeaRs tldroM6er (enet ayrbrl, err, ~ ma) 2 EChO Road DrsarY Db Derdeln 7 17a®rr,oaraeldueedr~- !~!iAr7latnn _ T.a Ard3lrNrrm three DD 'r~r .i+ Carlisle, PA 17015 e. o +m•~er Cumberland 1d ^ ~ a °""1~" onto,,, '" ti"" "'"' aiet ni0°` rr' "d"° Norman B. 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Der Sglled(WNI, ay, yeed ~~'O oZ' ,~.ULD e al r On fle 6eeraeerYletlen entll«Ylretlfrb4bry epbbn,arn aaaundrtlr der,der, entl prr, enddrbMe errye)rd nrlwraerd_ ^ 3/. endAddrea Penn Wla, CaigrWfrwaDle/I IIMn xt) TYpr RM lv aat /^'~ (A fY~~~ 95. tMgWafs end I I 1~ I t I o I ~ 38.DW wed lrorrl. dey. YeeA ~ ~ ~ ~ i3 r8 ~ - ~ • ~ . -~,,~.us,, .rYt < 7G. ~ N~. ()~~~3C/d N LAST WILL AND TESTAMENT n °- (Pour-Over Will) ~ ~ OF rn~ ~ ~ • FLORENCE ALICE BRICKNER ~- ~rn~ ~ -~^\ 0~` 1 IDENTITY ~ _ ~ --a .. a ~~,,~~tt I, FLORENCE ALICE BRICKNER, residing in the County of Cumberland, Commonwealt~of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 209-12- 9511. I have the following children: Dorothy I. Fasick, born September 2, 1943; Donald P. Brickner, born November 1, 1946; Lester L. Brickner, born June 28, 1950; and John Lw Brickner, born October 2, 1951. DEBTS, TAXES AND ADMINISTRATION EXPENSES 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 FLORENCE ALICE BRICKNER REVOCABLE LIVING TRUST executed on even date herewith (the "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." 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 devices), 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 properly in accordance with the provisions of the said Trust, including any amendments thereto made before my death. POUR-OVER WILL Page 1 Testatrix ~'3 f-a , ~. ~ ~~~r -~- _ ~~ -~~~ -~, If for any reason the said Trust shall not be in existence at the time of 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 herein above, 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 Dorothy I. Fasick and Lester L. Brickner to serve without bond as my Joint Executors. In the event that one of the Joint Executors shall predecease me, or is unable or unwilling to act as my Executor for any reason whatsoever, then and in the event I hereby nominate and appoint the remaining Executor to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefore 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 to 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. • 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, 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 of 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 • POUR-OVER WILL Page 2 n ~, Testatrix 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. • CONTESTS AND SPECIFIC ONIISSIONS • If any beneficiary under this will, singly or in conjunction with any other person or persons, directly or indirectly: 1. contests in any court the validity of this will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 2. contests in any court the validity of the Testator's/Testatrix's Will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 3. seeks to obtain an adjudication in any proceeding in any court that this trust or any of its provisions or that Testator's/Testatrix's Will or any of its provisions is void; 4. claims entitlement by way of any written or oral contract to any portion of the Testator's/Testatrix's estate, whether in probate or under this instrument; 5. unsuccessfully challenges the appointment of any person named as Executor or successor Executor of the Testator's/Testatrix's Will; 6. objects in any manner to any action taken or proposed to be taken in good faith by the Executor of the Testator's/Testatrix's Will; 7. objects to any construction or interpretation of this Will, or any provision of it, that is adopted or is proposed in good faith by the Executor; 8. unsuccessfully seeks the removal of any person acting as the Executor of the Testator's/Testatrix's Will; 9. files any creditor's claim in Testator's/Testatrix's estate (without regard to its validity), whether the claim arose before or after the date of this instrument, but excepting claims for cash advanced or paid for expenses of the Testator's/Testatrix's last illness or funeral paid by said claimant; 10. attacks or seeks to invalidate any designation of beneficiaries for any life insurance policy on Testator's/Testatrix's life; 11. attacks or seeks to invalidate any designation of beneficiaries for any pension or IRA or other form of qualified or non-qualified asset or deferred compensation account, agreement or arrangement; 12. attacks or seeks to invalidate any will which Testator/Testatrix has created or may create during Testator's/Testatrix's lifetime, or any provision thereof, as well as any gift which Testator/Testatrix has made or will made during Testator's/Testatrix's lifetime, whether before or after the date of this instrument; 13. attacks or seeks to invalidate any transaction by which Testator/Testatrix sold any assets (whether to a relative of Testator's/Testatrix's or otherwise); or 14. refuses a request of Testator's/Testatrix's, Executor or other fiduciary to assist in the defense against any of the foregoing acts or proceedings, then that person's right to take any interest given to him or her by this trust shall be determined as it would have been determined if the person had predeceased the execution of this will instrument without issue surviving. The provisions of the foregoing paragraph shall not apply to any disclaimer by any person of any benefit POUR-OVER WILL Page 3 ~~ Testatrix under this will. In the event that any of this provision is held to be invalid, void or illegal, the same shall be deemed severable from the remainder of this provision and shall in no way affect, impair or invalidate • any other provision in this will; and if such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed to exist to the extent of the scope or breadth permitted by law. SIMULTANEOUS DEATH 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 Beneficiary predeceased me. ~~~~ ~ 2 FLORENCE ALICE BRICKNER Testatrix This instrument consists of 6 typewritten pages, including the Attestation Clause, Self-Pro 'ng Clause, signa a of Witnesses, and acknowledgment of officer. I have signed my name at the b of each of ceding pages. Thi~instrument is being signed by me on this day of • • POUR-OVER WILL Page 4 ' ATTESTATION CLAUSE • The Testatrix whose name appears above declared to us, the undersigned, that the foregoing instrument was his/her Last Will and Testament, and he or she requested us to act as witnesses to such instrument and to his/her signature thereon. The Testatrix thereupon signed such instrument in our presence. At the Testatrix's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testatrix. The undersigned hereby declare, in the presence of each of us, that we believe the Testatrix to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testatrix. WITNESSES: ,C I,~f~ ~ k F, 13~9-l~ R 1 G~ (Printed Name of Witness) ~~ ` ~v~-l~ J. ~R R~~~~~ (Printed Name of Witness) ADDRESSES: lam/ .~- /~ ~~~i f /~} ~- C f City, State, Zip ~f~~~is~-~P~ l7a/3 City, State, Zip • POUR-OVER WILL Page 5 Testatrix COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE BEFO ~~J~ersign d authority, on this day p sonally app d FLO NCE ALICE BRICKNEP;~~~~~~/ ° ~[1,//e?/~~'~ and ~/ ~. ~y~'~A~ , lrnown to me to be the Testatrix 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, FLORENCE ALICE BRICKNER, Testatrix, declared to me and to the wifiesses, in my presence, that the instrument is his/her Will and that he or she had willingly made and executed it as his/her free act and deed for the purposes therein expressed; and the Wifiesses, each on his or her oath, stated to me in the presence and hearing of the Testatrix, that the Testatrix had declared to them that the instrument is his Will and that he or she 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 or she did the same as a wifiess in the presence of the Testatrix, and at his request and that he or she was at that time eighteen (18) years of age or over and was of sound mind, and that each of the wifiesses was then at least fourteen (14) years of age. FLORENCE ALICE BRICKNER Testatrix ., Wifiess • ~U 7 !-1 J, j.' /~ SIP ~~ is (Printed Name of Witness) Witness i~~-~~ ~~1~~4/~t~~ck.. (Panted Name of Wifiess) SUBSCRIBED AND ACKNOWLEDGED bef e e by FL NCE ICE BRICKNER, Tea~~x, d an~d~worn to before me by ~ ~ ~`i an '/ ~ Glv wifiesses, this the day of E Notary Public, Commonwealth of Pennsylvania CQMM©NWEJ4l.T!'d Q~r 1'~~1~18Y_-~VANIA NOTARW. 8EAL TODD B. OARRY, Notary P~ubfic Newtown Boro., Backs County My Commission Expires May 3, 2t)08 • POUR-OVER WILL Page 6