HomeMy WebLinkAbout04-16-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of James P. Brennan File Number ~r- ~ d ` ~~ U~
also known as
,Deceased Social Security Number 206-32-1200
MARY ANNE BRENNAN
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 the last Will of the Decedent is dated February 18, 1993 and that
there are no codicil(s). Decedent named Petitioner's niece, Amy Lynn Sobocinski of Bear, Delaware, as Executrix. Amy Lynn
Sobocinski Romangnoli of Bear, Delaware has renounced her right to act as Executrix and nominated Decedent's spouse, Mary Anne
Brennan, your Petitioner, to so serve.
(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 erson: Excep~our
Petitioner and Decedent were married on July 8, 1967. No children were born of the marriage and both tH~ecedent's ps~ents
predeceased the Decedent. -,.. Q
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X B. Grant of Letters of Administration: c.t.. ~ ~ ~ ~ --
(Ifapplicable, enter: c.t.a; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate) '" ~ ~ ~
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Petitioner(s) after a proper search has/have ascertained that Decedent was survived by the following spouse (if any) and heirs: (I~,.is~ation, rZ,a or
d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ t.~?
Name Relationshi Residence
M Anne Brennan S use 330 Wister Circle, Mechanicsbur , PA 1
Issue -None
Parents -None
(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 330 Wister
Circle, Mechanicsbur~2, Upper Allen Township Cumberland County PA 17055
(List street address, town/city, township, county, state, zip code)
Decedent, then 69 years of age, died on February 3, 2010 at 330 Wister Circle, Mechanicsburg Upper Allen Township
Cumberland County, PA 17055
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal Property $1,000.00
(If not domiciled in PA) Personal property in Pennsylvania $None
(If not domiciled in PA) Personal property in County $None
Value of real estate in Pennsylvania $None
TOTAL $1,000.00
situated as follows:
Wherefore, Petitioner(s) respectively request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the
appropriate form to the undersigned:
Si ature T ed or rinted name and residence
Ma Anne Brennan
L~ ~^V~~~~ 330 Wister Circle
~ Mechanicsbur , PA 17055
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Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA ~ O ~ _,~ , .,T=
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The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the for~~~etitie~ are `~:._.~ '=~~,
true and correct to the best of the knowledge and belief of Petitioner(s) and that, as persona~tjr~resentatt~e(s) -` ~`'
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of the Decedent, Petitioner(s) will well and truly administer the estate according to law. ..,~ --~ ~:? = -~ rn
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Sworn to or affirm and subscribed
Signat e o ersonal Representative
Signature of Personal Representative
Signature of Personal Representative
File Number: ~-I - ~ C'~ " Q~ (~j
Estate of James P. Brennan ,Deceased
Social Secu 'ty Nur~ er 206-32-1200 Date of Death: February 3, 2010
AND NOW, lD 02 O 1 ~ in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters I~d,rn~ r, ~-,,,~•~-, ~, Gt'~A
are hereby granted to _ C~(~~_
in the above estate and that
the instrument(s) dated - ~ Q' - ~ q~
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of
Decedent. r
FEES
Letters .......................$
Short Certificate........... $
Renunciation(s)............ $
.... $
.... $
.... $
.... $
.... $
.... $
.... $
.... $
.... $
TOTAL ................ $
Attorney Signature:
Attorney Name: Lawrence B. Abrams, Esq
Supreme Court I.D. No.: 18028
Address: c/o Rhoads & Sinon LLP
P.O. Box 1146
Harrisburg, PA 17108-1146
Telephone: 717-233-5731
Before me the ~ 19~~~ day of
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
~~1-1v~~~~~
Estate of James P. Brennan, Deceased
I, Amy n Soboinski Romangnoli, of Bear, Delaware, in my capacity/relationship as
named Executrix/niece of the above Decedent, hereby renounce the right to administer the Estate
of the Decedent and respectfully request that Letters be issued to his widow, Mary Anne
Brennan.
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(Date)
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(Sigrrrrtrrre)
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(Sheet Adrt~ ess)
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Executed irr Register's Office
Sworn to or affirmed and subscribed
Before ><ne this day
of _ ,
Deputy for Register of Wills
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Form Rll! OG?~'1 d.;0~^, , ;"~; ~ ~:
Executed out of Registej~'s Office
Before the undersigned personally appeared tl~e
party executing this renunciation and certified
that he o sh executed the renunciation for the
ptuposes stated within on this f 4 • day
of tiVC~ ~ 0 0 .
otaiy i~ublic
My Commission Expires:
{Signature and Seal ofNotary or other aflicial qualified to administer oaths.
Show date of expiration of Notar}~s Commission.)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Nevin L. Beyer, Notary Public
Lemoyne Boro, Cumberland County
My Commission Expires Aug. 28, 2013
Member, Pennsylvania Assodation of Notaries
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LAST WILL AND TESTAMENT
OF
JAMES P. BRENNAN
I, JAMES P. BRENNAN, of Upper Allen Township,
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.
ITEM I: All inheritance, estate and
similar taxes becoming due by reason of my death ("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 VIII of this Will as an expense
and cost of administration of my estate. 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.
ITEM II: I hereby exercise all powers
of appointment which I may have at the time of my death in favor
of my Executor, and all property subject to all such powers of
appointment shall be included in my estate and be governed by the
provisions of this Will . ~~ ' 1~.1 ;~;~..~,;~ ~~~~~~~~~
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CO ~~ ~d 91 ?~dY QiOZ
Page 1 of 9 pages
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ITEM III: I give and bequeath the
remainder of my household furniture and furnishings, automobiles,
books, pictures, jewelry, china, crystal, appliances, silverware,
wearing apparel and all other like articles of household or
personal use or adornment, not disposed of previously in this
Will, to my wife, MARY ANNE BRENNAN ("My Wife"), if she survives
me. If she does not survive me, I give such remaining articles
to My Wife's niece, AMY LYNN SOBOCINSKI and My Wife's nephew,
NEAL SCOTT SOBOCINSKI, in as nearly equal shares as they shall
select under the supervision of my Executor. 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.
ITEM IV: I give and bequeath the sum
of TWO THOUSAND DOLLARS ($2,000.00) to my Godchild, MARIA CARADO,
if she is living at my death.
ITEM V: I give and bequeath the sum
of TWO THOUSAND DOLLARS ($2,000.00) to My Wife's Godchild,
CHRISTOPHER SOBOCINSKI, if he is living at my death.
ITEM VI: I give and bequeath the sum
of TWO THOUSAND DOLLARS ($2,000.00) to my Aunt, PATRICIA McCANN,
if she is living at my death.
ITEM VII: I give and bequeath the sum
of TWO THOUSAND DOLLARS ($2,000.00) to my Cousin, FRED McCANN, if
he is living at my death.
Page 2 of 9 pages
ITEM VIII: 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, to
My Wife, if she survives me; or if she does not survive me, as
follows:
(a) ONE-HALF (1/2) of said rest and residue to
My Wife's niece, AMY LYNN SOBOCINSKI, if she is living
at my death. If she is not then living, her share shall
be distributed in equal shares to her issue, per stirpes
living at the time of my death or if none, to her
brother under Item (b) hereof. Provided, however, that
if such niece of My Wife has not then attained the age
of 30 years, I give such beneficiary's share to my
Trustee hereinafter named, IN TRUST NEVERTHELESS, to be
held, administered and disposed of as a separate trust
estate in accordance with ITEM IX for the benefit of
such beneficiary (the "Beneficiary's Trust").
(b) ONE-HALF (1/2) of said rest and residue to
My Wife's nephew, NEAL SCOTT SOBOCINSKI, if he is living
at my death. If he is not then living, his share shall
be distributed in equal shares to his issue, per stirpes
living at the time of my death or if none, to his sister
under Item (a) above. Provided, however, that if such
nephew of My Wife has not then attained the age of 30
years, I give such beneficiary's share to my Trustee
Page 3 of 9 pages
hereinafter named, IN TRUST NEVERTHELESS, to be held,
administered and disposed of as a separate trust estate
in accordance with ITEM IX for the benefit of such
beneficiary (the "Beneficiary's Trust").
ITEM IX: My Trustee shall have, hold,
manage, invest and reinvest the assets of each Beneficiary's
Trust, collect the income and
(a) Until the beneficiary of the Beneficiary's
Trust (the "Beneficiary") shall have attained the age of
twenty-one years, my Trustee shall from time to time pay
to or for the benefit of the Beneficiary such amounts of
the net income and principal of the Beneficiary's Trust
as, in the sole discretion of my Trustee, may be
necessary for the Beneficiary'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 Beneficiary's
Trust.
(b) After the Beneficiary shall have attained the
age of twenty-one years, my Trustee shall thereafter pay
to the Beneficiary the net income derived from the
Beneficiary's Trust in installments not less frequently
than quarterly and such amounts of the principal, as in
Page 4 of 9 pages
the sole discretion of my Trustee, may be necessary for
the Beneficiary'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) When the Beneficiary shall have attained the
age of twenty-five years, my Trustee shall distribute
outright to the Beneficiary one-half of the then
remaining principal of the Beneficiary's Trust.
(d) When the Beneficiary shall have attained the
age of thirty years, my Trustee shall distribute
outright the then remaining principal of the
Beneficiary's Trust.
(e) If a Beneficiary shall die before final
distribution of the assets of the Beneficiary's Trust is
made, the then remaining principal and any undistributed
income of the Beneficiary's Trust shall be distributed
to the Beneficiary's estate.
ITEM X: ~To 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 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
Page 5 of 9 pages
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 and
without regard to any claim thereto or attempted levy,
attachment, seizure or other process against said beneficiary.
ITEM XI: Any person, 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. Any person other than me
who shall have died at the same time as any then beneficiary of
my estate 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.
ITEM XII: 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 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.
(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 as my
Executor or Trustee shall deem wise, without being
restricted to so-called "legal investments."
(cj 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,
Page 6 of 9 pages
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.
(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, Death Taxes or other taxes,
expenses and charges in connection with the administra-
tion of my estate or trust, and my Executor shall pay
the expenses of my last illness and funeral expenses.
(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 unincorporated business,
including any joint ventures and partnerships, with all
the rights and powers of any owner thereof.
Page 7 of 9 pages
(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.
ITEM XIII:
If at any time any minor
shall be entitled to receive any assets free of trust hereunder,
I give such minor's share to the minor's surviving natural
parent, as Custodian for such minor under the Pennsylvania
Uniform Gifts To Minors Act; or, if the minor has no surviving
natural parent, to such person or entity as my Executor shall
appoint, as Custodian for the minor.
ITEM XIV:
I hereby appoint My Wife's
niece, AMY LYNN SOBOCINSKI, of Bear, Delaware, as Executrix of
this Will. All references in this Will to my "Executor" shall
also refer to my Co-Executors or to my surviving Executors,
Executor or Executrix, as the case may be.
ITEM XV:
I hereby appoint My Wife's
niece, AMY LYNN SOBOCINSKI, and her father, NEAL JON SOBOCINSKI,
of Bear, Delaware, to be my Co-Trustees of any trust created
hereunder. All references in this Will to my "Trustee" shall
also refer to my Co-Trustees or to my surviving Trustees or
Trustee, as the case may be.
Page 8 of 9 pages
ITEM XVI: Any Guardian, Trustee or
Executor shall qualify and serve without the duty or obligation
of filing any bond or other security. Any corporate fiduciary
shall be entitled to compensation for services in accordance with
the standard schedule of fees in effect when the services are
rendered.
ITEM XVII: I direct that my Executrix
and my Trustee retain the firm of Rhoads & Sinon as the attorneys
who wrote this Will and who fully comprehend my purpose in this
My Said Last Will and Testament.
IN WITNESS WHEREOF, I have set my hand and seal to
this, my Last Will and Testament, consisting of this and the
preceding eight (8) page this /g~'day of February, 1993.
( SEAL)
Page 9 of 9 pages /' mes P. Brennan
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
and year above written, and we certify that at the time of
the execut' thereof, the said Testator was of sound and
disp sin m' nd memory.
(SEAL) Re idin at : ~ ~` ~ i~/ C~.
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ~~ ~^-•`~
We , -~ /' ~ ~'~ • G-~ ~ , . J cam.. ~,./ate.,-fit
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and , the witnesses whose names are
signed to the attached or foregoing instrument, being duly
qualified according to law, do depose and say that we were
present and saw JAMES P. BRENNAN, the Testator, sign and execute
the instrument as his Last Will; that he signed willingly and
that he executed it as his free and voluntary act for the
purposes therein expressed; that each of us in the hearing and
sight of the Testator signed the Will as witnesses; and that to
the best of our knowledge the Testator was at that time 18 or
more years of age, of sound mind and under no constraint or undue
influence.
Sworn or affirmed to and subscribed to before me by
~/~ ~
and -,~- ., the witnesses, this ~~l ~
day of February, 1993.
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fitness
loz~.~vvr~ ~. -d~-e.~'
Wi~hess
~p .,`
~ary Public =' a /
My Commission Expires:
(SEAL) NOTARIAL ScAL
JUDITH L KRAPE. notary F';;blic
Ci±~,~ of Na r isbur~, Daup~,ir County
('~~mri.,~ ~ !,_~ ;r~s C~c~~ bar 1~t: 1995
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ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~~ ~ •
I, JAMES P. BRENNAN, Testator whose name is signed to
the attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will; that I signed it
willingly; and that I signed it as my free and voluntary act for
the purposes herein expressed.
;a s P. Brennan
Sworn or affirmed to and acknowledged before me, by
JAMES P. BRENNAN, the Testator, this ~~~day of February, 1993.
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a
o ary Public
My Commission Expires:
(SEAL)
NOTAP,fAL S`AL
JUDITH L f<RAP~. N~tar~ ;-'ublic
CI;V Of H2r• g;
My C;~mrt TM; .,~ F_Yr9 Da! ~.r n Coun,y