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08-05-10
Register of Wills of Cumberland County, PenrXsylvania PETITION FOR GRANT OF LETTERS Estate of Thomas L. Ryan No. ~~ l(,"D7gJ`- also known as Deceased Social Security No. 279-05-9103 late of Hampden Township, Cumberland County, Pennsylvania Petitioners, who are 18 years of age or older, apply for: COMPLETE "A' OR "B" BELOW:) ® A. Probate and Grant of Letters and aver that Petitioners are the executors named in the Last Will of the Decedent, dated June 12.2000 and codicils dated NONE Decedent's wife, Eileen C. Ryan, predeceased him on January 3, 2002. 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 bom or adopted after exec~utiom of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: ^ B. Grant of Letters of Administration (c.t.a., d.b.n.c.t.a.: pendente life; durante absentia; durante minoritate) ry Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survi~ thle f(~wir spouse (if env) and heirs: .•~ ~_ ~` Relationship Attach necessary. ,~- Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or prin¢i~al residence at 226 Fox Drive Mechanicsburg Hamoden Townshio Cumberland County Pennsylvania 1705Q (list street. number and munkdpality) ~ Decedent, then 93 years of age, died July 30.2010, at Health South Rehabilitation Hos it~l ~LoWver Allen Townshio. Cumberland County. Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ................................................................................ $ 3~5~Q00.00 (If not domiciled in PA) Personal property in Pennsylvania ............................................ $ (If not domiciled in PA) Personal property in County ...................................................... $ Value of real estate in Pennsylvania ................................................................................................... $ 2 Q0.00 Total ..................................................................................................................................... $ Real Estate situated as follows: 226 Fox Drive. Hamoden Townshio Cumberland Coun PA .r; r.~. -' - ....J c ' "~ ,, ., .... .. .r..i •r '=" :~ ~~ _~~ ~' :~~i .,r ,~ Wherefore, Petitioners respectfully request 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: 5lgnature Typed or printed name and residence Patricia A. Mihallo 50 Tisdale Road Scarsdale, NY 10583 Kathleen A. Ryan 16 Michael Court, Carmel, NY 10512 Fonn RW-1 Page 1 of 2 (Dauphin County -Rev. ti/92) H105.865 REV (017071 2'f -la_o7q~s LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 M106WREY11d006 BMX P 16462040 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 Regstrar.'The original certificate will b~ forwarded to `the State Vital Records Office for permanent filing. 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RYAN, ', KATHLEEN A. RYAN, PATRICIA A. MIHALLO and DENIMS ', M. RYAN. § 1.1.2.2 His grandchildren: RYAN E. MIHALLO, MARK P. MIHALLO and BRENDAN R. BURKHART. § 1. i .2.3 Any and all hereafter born direct descendants of the Settlor and his Wife. Article Two Tangible Personal Property §2.1 I bequeath all my tangible personal property, including by way of illustration but not by way of limitation, my household furniture and 'furnishings, `~, ~ ~. page 1 ~ . f ~ f~ ~• paintings, books, automobiles, jewelry and personal effects, exclusive of any such property used in a trade or business, to my wife, EILEEN C. RYAN ("My ~Vi~e"), if she survives me. If she does not survive me, I bequeath any and all items of such property which are contained on a memorandum intended to be kept with this, m~ Will, to the persons designated in said memorandum. In the event that no such meu~orandum is contained with my Will or to the extent that I have remaining items of personnai property of the nature referred to in this paragraph which have not been designated ford distribution in said memorandum, I bequeath any and all items of such property which ale contained on a memorandum intended to be kept with this, my Will, to the persons designated in said memorandum. In the event that no such memorandum is contained with my V,Vill or to the extent that I have remaining items of personal property of the nature referred to in this paragraph which have nat been designated for distribution in said memorandum, I bequeath all such property to my children, who are living at my death, to be divf ided among them in as nearly equal shares as they agree. In the event of irreconcilable amongmy said children, they shall take alternate turns selectingindividual ite'~ns with the oldest child making the first selection. Any items not so selected shall be s}~ld and the proceeds shall pass as a part of my residuary estate. §2.2 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such propeirty~. Page 2 t • ~~ 4~ ,. §2.3. I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be', paid by the Executor as an administrative expense of my estate, but the cost of saline shall be reduced from the beneficiary's share of the residue of my estate. Article Three Residue §3.1 I devise and bequeath all the residue of my estate to THE THOIV~AS L. RYAN REVOCABLE TRUST created under Agreement dated the same date as his Will by myself, as Settlor, and myself, as Trustee, as the same may be further emended or restated from time to time, to be distributed in accordance with the terms o~ said Trust Agreement, or if said Trust Agreement is not in effect at the time of my death, in accordance with the terms specified therein on the date of this Will orl of its last publication by codicil or otherwise. Special Provision §3.2 As is expressed in my aforesaid Revocable Trust, it is my desire that all four (4) of my surviving children shall equally share the estate left for them ! by me and my said Wife. To provide for the most equal distribution of all of my estate, the amount of the Account Balance of each beneficiary's share of my IRA assets receiw~d by them directly or through their issue, is to determine the amount of the trust asserts each is to inherit, again, received by them directly or through their issue. Page 3 S-=~=~_--~~ ICI Article Four Appointment of Fiduciaries §4.1 I appoint My Wife and my daughter, PATRICIA A. MIHA~LLO as Co- Executors of this Will. If either Co-Executor is unable or unwilling to act o~ continue to act, for any reason whatsoever, I appoint my daughter, KATHLEEN ~. RYAN as successor Co-Executor. All references herein to the "Executor" shall mean ~ny originally appointed Co-F.xecutors or my successor Executor, as the case may be. Article Five Powers of Fiduciaries §5.1 No fiduciary under this Will shall be required to give bond or ot~ier security for the faithful performance of the fiduciary's duties §5.2 Any such fiduciary shall have the powers given to my Trus~ee of THE THOMAS L. RYAN REVOCABLE TRUST and the following powers, in addition to those given by law: §5.2.1 To invest in, accept and retain any real or personal prap~erty, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; §5.2.2 To sell, exchange, partition or lease for any period of timed any real or personal property and to give options therefor for cash or credit, with or without security; Page 4 L ,'E'o, . l4~ §5.2.3 To borrow money from any person including any fidlucary acting hereunder, and to mortgage or pledge any real or personal property; §5.2.4 To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depositary, or in book entry form or unregistered or in such other form as will pass. by delivery; §5.2.5 To engage in litigation and compromise, arbitrate or abandon claims; §5.2.6 To make distributions in cash, or in kind at current valules, or partly in each, allocating specific assets to particular distributees on ~ nan- pro rata basis, and for such purposes to make reasonable determinations of current values; §5.2.7 To make elections, decisions, concessions and settleme#~ts in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distrfl~utive share of income or principal of any person affected thereby; To allo te, in the Executor's sole and absolute discretion, any portion of my exemption under Section 2631(a) of the Internal Revenue Code to any property has to which I am the transferor, including any property transferred by me d~ring my lifetime as to which I did not make an allocation prior to my deaf ;and §5.2.8 To disclaim any interest I may have in any estate ~ the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. §5.2.9 To designate beneficiaries and contingent beneficiaries df my IRA accounts}. Article Six Provision For Taxes §6.1. All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof Page 5 ~_~- k . upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my est~te disposed of by Article Three of this Will, aid all interest with respect to any such tajxe~s shall be paid by the Executor out of the income or principal or partly out of the inco~e and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor, without reimbursement from or apportionment among the blen+eficiaries, recipients or owners of such property for any such taxes, penalties or intergst; provided, however, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or any qualified terminable interest property; provided further, however, the Executor shall only pay any supplemental f~de~al estate tax, or any penalties or interest related thereto, imposed by Section 498~A(d) of the Internal Revenue Code, if the payment of such tax by the Executor would I, cause a net reduction in the amount of all estate taxes, inheritance taxes, transfer tars and other taxes of a similar nature payable by reason of my death to any gro~ernment or subdivision thereof. If the payment by the Executor would not cause such a nit seduction, such supplemental federal estate tax, together with any penalties or int~re~t related thereto, shall be borne by the recipients of the qualified plan benefit (including my estate if it is a recipient of any such benefit) giving rise to such supplemental federal estate tax in proportion to their respective interests therein. Page 6 ~ _ ~ . l~- i J__ Article Seven Provision for Debts and Expenses §7.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article ~'h~ree of this Will. Article Eight Miscellaneous Provisions §8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the c~rr~sponding provision of subsequent law. §8.2 If My Wife and I die under such circumstances that it is i~possible to determine which of us survived, it shall be conclusively presumed and this ~Villl shall be construed as if My Wife survived me. If any person, other than My Wife, ands I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if such person had predeceased me. Page 7 ~. ~~..~ l ? .` ` , §8.3. Whenever a fiduciary is directed to distribute property to or far the benefit of any beneficiary who is under (a) twenty-one (21) years of age, or (b) a l~~al disability or otherwise suffers from an illness or mental or physical disability that wauld make distribution directly to such beneficiary inappropriate (as determined in sudh fiduciary's sole discretion exercised in Brood faith), the fiduciary may distribute such p~~perty to the person who has custody of such beneficiary, may apply such property for tie .benefit of such beneficiary, may distribute such property to a custodian for such !beneficiary, whether then serving or selected and appointed by the fiduciary (including tl~e fiduciary}. under any applicable Uniform Transfers to Minors Act or Uniform Gifts t~o'~ Mfnors Act, may distribute such property to the guardian of such beneficiary's estate, m~,y distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such lbeneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. Page 8 ~ ~`~. i ~ i IN WITNESS WHEREOF, I have hereunto set my hand and seal this Vt.z ~ ~ day of ~ ., a a , 2000. i .s~.b...~~, ~.,~..,. c~F~L> THOMAS L. RYAN Signed, sealed, published and declared by the above named THOMAS L. RYAN as and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed oar inames as witnesses thereto the day and Year last above written. Residing at `7 Po~~m~'~ 1-~~,~6 :~ ~~ ~~i, ~ ~l" d Residing at G~~~~~ ~~ !' Etesiding at ~~~~i mil' / ~ Page 9 T I_ T_ COMMONWEALTH OF PENNSYLVANIA COUNTY OF I~t, v,Oh I r We, THOMAS L. RYAN, the testat r and `! J ,~__, and r ~ o , ~ e witnesses, w ose names are signed to the attached or fore g instrument, being fire duly sworn, do hereby declare to the undersigned authority that the testator signed and ~xecuted the instrument as his last Will; that the testator signed willingly and executed ~t as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Will as a witness and that' tp the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. THOMAS L. RYAN ss ~. fitness .cam Witness Subscribed, sworn to and acknowledged before me yy~O ~ 1 R SAN, the :~ testator, and subscribed and swo to before me b c . cu J ,and ~e r ,~ k~ , witnesses, this ay of 2000. ~! Notary blic (sEAli)~ Mar Bret Seal 8usque • Boyd, Notap; '. ubMc ~ ~~r~ pp. June 27~ III r PERSONAL MEMORANDUM TO LAST WILL AND TESTAMEI'KT OF THOMAS L. RYAN DATED: PERSON TO RECEIVE ITEM DESCRIPTION OF ITEM :126122 1