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HomeMy WebLinkAbout07-02-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of LEON L. DEVENEY, JR. also known as COUNTY, PENNSYLVANIA File Number e~ ` '' ~ U ' ~~~- ,Deceased Social Security Number 201-18-0437 MARK L DEVENEY, of 912 Valley S; Enola. PA 17025 aad_ BRUCE,M, DEVENEY of 14 Pennsbom Drive, Enola PA, 17025 Petitioner(s), who is/are 18 years of age ar older, apply(ies) for. (COMPLETE 'A' or 'B' BELOW:) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the CO-EXECUTORS named in the last Will of the Decedent dated August 22, 2002 and codicil(s) dated None (Spate relevant circumstances, e.g., renunciation, deapfi of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child bom 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 )yxceptions B. Grant of Letters of Administration (Ifapplicaable, enter; c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durante minoritate) ~ y~ __.;~; r 4 .J ._^~, ~,~ ,.~[.-? }""^~ ::~,..~ [" '~j (COMPLETE INALL CASES:) Attach addlfional sheets tf necessary. ~ -s-t ~ '~ ~~"? Cumberland Cpun P prmCtpal Y at ~ ~ r "~ ~~ Decedent was domiciled at death in ty, ennsylvania with his /her last n~~~e Green Ridae Valley Nursing Facility 210 Bin Snrin¢ Road Newville PA 17241 ~~- (List street address, townfcity, township, county, state, zip code) Decedent, then 83 years of age, died on June 21, 2010 at Carlisle Regional Medical Center, Carlisle, PA 17013 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 $ 10,000.00 $ 0.00 $ _ 0.00 0.00 situated as follows: N/A , , Form R w 02 rev. 10.13.06 Page 1 of 2 Petitioner(s) after a pmper search has /have ascertained that Decedent left no Will and was survivdd by the following spouse (if any) and heirs: (If ~,t...s..:-.«,..:,.« ,. s .. .,« ~I 1, .... r n o..tor.l.,to ~f w~l/ tr .~Co~tinn A ahnve and cmm~lete list ofhetrsl.) Wherefore, Petitioner(s) respectfully roquest(s) the probate of the last Will and Codicil(s) presented with this 1>etition and the grant of Letters in the appropriate form to the undersigned: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Fetitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are 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 of affrrxned and subscribed of Per na res five before ham' tie day of lure of Personal Representative ~ ( ' :~~_ ~`~ ~ ': ~ :~ 1 .. yam' ~ ~ . J _. ~ For the Regist Signature of Personal Representative ~ ~' ' -~~ • `~~ 3 ~• - ~) ~ ~ 1G ~ l :.•'~ ~ ~~ - I File Number: c Estate of LEON L. DEVENEY, JR. - ,Deceased Social Security Number: 201-18-0437 Date of Death: June 21, 2010 AND NOW, cJ V ~ a t U ~ in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary aze hereby granted to MARK L DEVENEY, of 912 Valley Street. Enola, PA 17025-1541 anal BRUCE M. DEVENEY, of 14 Pennsboro Drive, Enola, PA 17025-1541 in the above estate and that the instrument(s) dated Aup~ust 22, 2002 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of ~ecedent. ~ FEES Letters ............... . ~ ~` $ V ` `, Register of Wills ~/ /~''' ~ ~ Short Certificate(s) ........ $ C Attorney Signature: Renunciation(s) .......... t ,' ~ lGlL1 $ $ 1 LOWEL .GATES ESQUIRE Attorney Name: ~ S ... $ ~ ~ . ~U Supreme Court LD. No.: `779 Ry i U1f~t~C~.~ki t1Y1 ... $ 5 - ~U ... $ Address: 1013 Mumma Road, Suite 100 $ Lemoyne, PA 17043 ... $ ... $ • • • $ Telephone: 717-731-9600 ... $ TOTAL .............. $ ~ ~ O'~ ,~ 00.00 Far-n Rw oz rev. ro.r.~.o6 Page 2 of 2 in5,Rn5 R°V ~n~~n~~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: h is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 This is t© <certfy 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. 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DEVENEY, JR., now of 905 Valley Street, Enola, Cumberland County, Pennsylvania 1 ?025, do publish and declare this to be my Last Will and Testament, hereby revoking all other prior wills and codicils made by me. FIRST: Fv, Background sud AFpttment of Ems ~ut_,_or. (A) F ~~ Background Infor~t~a. I am a widower, my wife, KATHRYN L. DEVENEY, having passed away on June 6, 2002. My children are BRUCE M. DEVENEY and NIARI~ L. DEVENEY. Throughout this Will, BRUCE M DEVENEY a~ MARK L. DEVENEY will be referred to as "my children" or "my sons". The word "issue" will include my children as well as my other descendants. (B)~ ~Egecutor. I appoint as my Execuutrn and successor Executor (a11 hereinafter referred to as Executor or Executor(s) under this Will), the following named persons or cor~ratons to serve without bond and without being required to account to any Court: Executors: My sons, BRUCE M. DEVENEY and MARK L. DEVENEY, jointly or individually, or the survivor of them. (C) Inter Vivos Trust. The inter vivos trust agreement'referred to in this Will is entitled "THE I3EVENEY FAMILY I~CIItEVOCABLE TRUST, dated august 6, 2402", by and between myself, LEON L. DEVENEY, JR., as Settlor, and BRUCE M. DEVENEY and MARK L. DEVENEY, as Trustees. SECOND: Funetai Last Illness Ezuenses: Tazea. (A) Eat~enses of Funer~~t Illness. I direct my Executors to pay my funeral expenses and the expenses of my last :illness from my estate. (B) Traces. I directmyExecutors to pay any and all estate, inheritance, succession, legacy, transfer and other death taxes or duties, by whatever name called, including any and all interest and penalties thereo imposed under the laws of any jurisdiction by reason of my death upon or with ,~x~' LAST'WII.L AND TESTAME ESN L. D ~~'E„~(EY. JR. ~' respect to any and all property included in my gross estate for the purpose of such taxes, whether such property passes under or outside of this Will. Without any apportionment otherwise required by law and without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, transferees, or other recipients of any such property or charged against any property passing or which may have passed to any of them, I direct that any taxes so paid shall be charged against my residuary estate. My Executors shall not be entitled to reimbursement for any portion of any such taxes from any such person. The foregoing provisions of this Article SECOND shall not apply to such portion or portions of said taxes, interest and penalties which may be required to be paid, or are actually paid or reimbursed, by the Trustee of the Trust described in Paragraph FIRST (C), above. THIRD: T_a~b~ee.Personal Prone. Except for those items excluded below and those items enumerated in the Letter of Instruction, I bequeath all tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture, personal effects, motor vehicles, and all other similar articles, which I own, and the insurance thereon, to my sons, BRUCE M. DEVEIVEY and MARK L. DEVENEY, per stirpes, to be divided among them as they may select in as nearly equal shares as is kcal. If there is any disagreement as to distribution, I direct my Executors to make such distribution. Any items not selected or any items which my Executors consider unsuitable for my children may be distributed or sold in the sole discretion of my Executors and, if sold, the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a minor may, as my Executors deem advisable, either be delivered to the minor or to any person to safeguard on behalf of the minor. Tangible personal property shall not include: (1) any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3) stock or securities, (4) any type of evidence of indebtedness, and (5) any life, health or accident insurance policies. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. FOURTH: Itesidusrv Estate. I devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, of whatever nature and wherever situated to which I am legally or equitably entitled, to the then-actiing Trustee of the Trust described in Paragraph FIRST (C) of this Will, to beheld, administered and distributed pursuant to the terms thereof, as the same may be amended from time to time. By this devise and bequest of my residuary estate I hereby L_A~T WILL AND ';~,M LEON L. D;~,, ~~~~ exercise all Powers of Appointment I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C) of this Will. FIFTH: Ps, ; of Ezcc~. In addition to the powers and duties. as nay have been granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the Executors shall have and exercise exclusive management and control of the Estate and shall be vested with the following specific powers and .discretion, in addition to the powers as may be generally conferred from time to time upon the Executors by law: (A) In the management, care and disposition of the Estate, the Executors shall have the power to do all things and to execute such instruments, deeds, or other documents as may be deemed necessary or proper, including the following powers, all of which may be exercised without order of or report to any Court: (1) To sell, exchange or otherwise dispose of any property at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks, bonds, serities, mortgages, notes, chosen inaction, real estate or improvements thereon, and any other property as the Executors may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executers hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stock, bond, note or other security. (5~ To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. uf/ L-A~T w~L~~~ T~L~sT~- LEUN L. ~~, J„~lt. (~ To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. ('~ To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate. (8) To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest and to carry on the business thereof, to join with other owners in adopting any form of management for any business or property in which the Estate may have an interest, to become or remain a partner, general or limited, in regard to any such business or property and to hold the stock or other securities as an investment, and to employ agents and confer on them authority to manage and operate the business, property or corporation, without liability for the acts of such agent or for any loss, liability or indebtedness of such business if the management is selected or retained with reasonable care. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary capacity, but accurate records shall be maintained showing that such security is a Estate asset and the Executors shall be responsible for the acts of such nominee. (B) Whenever the Executors are directed to distribute any Estate assets in fee simple to a person who is then under twenty-one (21) years of age, the Executors shall be authorized to hold such property in Trust for such person until he/she becomes twenty--one (21) years of age, and in the meantime shall use such part ofthe income and the principal ofthe Estate as the Executors may deem necessary to provide for the proper support and education of such person. If such person should die before becoming twenty-one (21) years of age, the property then remaining in Trust. shall be distributed to the personal representative of such person's estate. (C~ In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executors need not require the appointment of a guardian, but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the same for the benefit of such person. _ ctt/i LAST WILL ANI~ TESTAMENT ' Q~~B.~i ~~' Y. JR. ~~ (D) In the disbursement of the Estate and any division into separate trusts or shares, the Executors shall be authorized to make the distribution and division in money or in kind, or both, regardless of the basis for income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executors shall be binding and conclusive on all persons taking hereunder. The Executers .may in making such distribution or division allot undivided interests in the same property to several trusts or shares. (E) The Executors shall be authorized to lend or borrow, including the right to lend to or borrow from any trusts which I may have established during life or by will at an adequate rate of interest and with adequate security, sad upon such terms and conditions as the Executors shall deem fair and equitable. (I+~ The Executors shall be authorized to sell or purchase at the fair market value as determined by the Executors, any property to or from any trust created by me during life or by Will, even though the same person or corporation maybe acting as Executor of my estate or as Trustee of any of my other trusts. (G) The Executors shall have discretion to determine whether items should be charged or credited to income orprincipal or allocatedbetween income and principal as the Executors may deem equitable and fair under all the circumstances, inclwding the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion m~ sales price of any asset between income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail to provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executors may reasonably deem equitable and just under all the cir~unstances. If the Executors do not exercise the above discretionary power, the cash or accrual allocation shall be in accordance with Chapter 81 of Title 20 of the Pennsylvania Consolidated Statutes, or the corresponding provisions of subsequent state law. (~ If at any time the total fair market value of the assets of any Trust established or to be established hereunder is so small that the corporate Trustee's annual fee for administering the Trust would be the minimum annual fee set forth in the Trustee's regularly published fee schedule then, in erect, the T 'ts discretion shall be authorized m terminate such Trust or to decide not to T AST WILL AND '~'~T~ LEO_~-,x~v. t' ~ establish such Trust, and in such event the property then held in or to be distributed to such Trust shall be dstn~uted to the pazsons who are then or would be entitled to the income of such Trust. If the amount of income to be received by such persons is to be determined in the discretion of the Trustee, then the Trustee shall distribute the .property among such of the persons to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in its discretion shall determine. (I) Except as otherwise provided in this Will, when the authority and power under this Will is vested in two (2) or more Executors or Trustees, the authority and powers are to be held jointly or individually by the Executors or Trustees, respectively. A majority of the Executors or Trustees may exercise any authority or power granted under this Will or granted by law, and may act under this Will. The action of one such Executor or Trustee under this Will may be validated by a subsequent ratification of the act by a majority of the Executors or Trustees. SIXTH: Its and Liabil~ies of Executors and Trusteeea. (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment, the overall performance of the entire Estate shall be taken into account. (C~ Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similaz services during the time which he/she performs the services. SEVEN'T'H: Tae Electl©ns. (A) In determining the estate, inheritance and income tax liability relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive on all concerned. In accordance with IRC Section 2632(a) and without ri~garti to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation skipping transfer which may occur under this Will. GtYi LEO ~.~ ~.~ Y. JR. 5~ (B) The Executor may, in its discretion, determine the date as of which my gross estate shall be valued for the purpose of determining the applicable tax Payable by reason of my death. (C) The Executor may, in its discretion, decide whether all or any part of certain deductions shall be taken as income tax deductions (even though they may equal or exceed the taxable income of my estate and whether or not claimed or of benefit on my estate's income tax return} or as estate tax deductions when a choice is available; and in the e~rent that all or any part of such deductions are taken as income tax deductions, no adjustment of income and principal accounts in my estate shall be made as a result of such decisions. EIGHTH: ,~oendtha~t_ Pr,~g~. No beneficiary shad have the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liablE for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of a beneficiary. NINTH: ins and General Proy,. (A) ~i ~v_~. Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) ~,~. The options set forth in this Will at the beginning of the various articles hereof are for convenience ofreference only and shall notbe deemedto defirYe or limit the provisions hereof or to ajE~ect in any way their construction and application. (C~ ~,~~,~. As used in this Will, the words "child" and "children" shall include persons who are legally adopted and the issue of said persons, whether born in or out of wedlock, so long as any personborn out of wedlock is acknowledged in a written instrtu~nent executed by the one oftheir natural parents who is a descendant of mine to be the child of said descendant. The word "issue" shall include descendants of all generations including adopted persons. A posthumous child shall be considered as living at the death of his parent. The birth to me or the adoption by me of a child or children subsequent to the execution of this Will shall not operate to revoke this Will. LAST WILL AND TESTAIVIENT ,EON L. DES ,JR. ~~ (D) Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) Other. The use of any gender includes the other genders, and the use of either the singular or the plural includes the other. (F~ ~u~-ers of A-~t~tu-tu-x ~~Exercised. By this Will I exercise any and all Powers of Appointment which I possess at the time of my death except any power of appointment which I possess under the Trust described in Paragraph FIRST (C), above. IN WITNESS WHEREOF, I, LEON L. DEVE;NEY, JR., the Testator, have to this my Last Will and Testament, typewritten on nine (~) pages, including the Acknowledgment and Affidavit, set my hand and seal this _,~~,~ay of August, 2002. SEAL) LEON L. DEVE , JR. -- Signed, sealed, published and declared by the above-named T , as and for his Last Will and Testament, in the presence of us, who have hereunto subscribed our names at his request, as witnesses hereto, in the presence of the said Testator, and in the presence of each other. Each of us further dares that he or she believes the Testator to be of sound mind and memory. The preceding ' ent consists of this and eight (8) other consecutively numbered typewritten pages Inc g the Ac~iowledgment and Affidavit. (print name} residing at ~~ residin at ~~''` ~'~, f-~e ~~ g ,P6e~f ~.s~~~ ~~~e> COMMOAf WEALTH OF PENNSYLVANIA COUNTY OF Q UA-1~$L~14~-'~ SS: The Testator and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and. qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, -that the Testator signed and executed the instnunent as his Last Will in the presence of the witnesses; that he signed it willingly or willingly directed another to sign it for him; that he executed it as his free and voluntary act for the purposes therein expressed; that each of the witnesses were present and saw the Testator sign and execute the instrument as his Last Will; that each subscribing witness in the hearing and .sight of the Testator signed the will as witnesses; and that to the best of their knowledge the Testator was at that tune eighteen years of age or older, of sound mind and under no constraint or undue influence. Sworn to or af~rnied, subscribed to, and acknowledged, before me by the above-named Testator and witnesses, this~~~day of August, 2002. Notary Public My Commission Expires: } s~ryP Lerrroyne t~t'tbe~r-d ~y My Gam ExpMes .len. 20 MemOer, Prania A al fitness i ~, ~.~ ~ DATE: 1. Instructions or conun~ts to my family: 2. C3i of ~' inns to family, relatives, fre~tds or others. (other than cash, secau7i~es or income- items)