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HomeMy WebLinkAbout08-10-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANI Estate of Retu~io T. Zizzi File Number 21-10- ~ 1 also known as as Social Security 519-12-2189 Pedtioner(s) who is/are 18 years of age or older, apply(ies) t'or: [X] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) islare the Executor named in the last Will of the Decedent dated October 20, 2008 and codicil(s) dated N/A state re evenat ctrcumstances, e.g. renunctatton, ea o 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: No Exceptions [ ] B. Grant of letters of Administration (If applicable enter: c.tn.; n.c.t.a.; en me ite; urante sentia; urante 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 d b.n.csn., enter date of X11 in Section A above and complete list of heirs.) Decedent then 89 yeazs of age died on 7/ 18/ 10 at Holy Spirit Hospital Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (1f not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: 250,000.00 Wherefore, Petitioner(s) respectfully request(s) the.probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters name C ~~ c a ~ .`:~ ~,., :71 ~ ~ _,, J .., _~ r-=-rn _ - ~_1C~ .~ (' _ -'i ( ~ ~ N ~_= ?ri 3 .~ W "'G L~ ~ ; Page 1 of 2 COMPLETE INALL CASES:) Attach odditional sheets {f necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA coUNTY of CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and come 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 uescribed before me this ~' For the Register File Number: Cosmo ~~-~ n C ~ a a _'a ~~ ~/ -~ ~v-~rra~n~~ a ~ ~~~ ~;~ ~ -.gym r ..: ~~ T -O ES1~te Of Refugio T. Zizzi , Deceased ~ A~~ ~ _=~ -- A ~ 1. ~~ Social Security Number. 519-12-2189 Date of Death .~- 7/18/FO AND NOW , 20~in consideration of the Petition, satisfactory proof having been presented re me, IT IS DECREED that Letters Testamentary are hereby granted to Cosmo J. Zizzi, Sr. in the above estate and that the instrument(s) dated October 20, 2008 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) FEES Letters Short Certificates Sup. Ct. I.D. No Renunciation Address: Telephone: TOTAL.. . 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Page 2 of 2 Signature Attorney Name Robert G. Fre HIOSRO' RHV rt)J l071 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 16535345 Certification Number ~~a Thfs fs to certify that the infolTltation here given is correctly copied from an original Certificate of Death duly filed with me as Local Registraz. The original certificate will be forwazded to the State Vital Records Office. for permanent filing. ~~~k~~~~ JULY 1 9/ZO10 Local Registrar Date Issued n ~ Cfl o _rl, a ,7 ~JIJ 3 r t t ~~ r'j ~ ~ fa7 ._ ~ t :'. ~ t r eC7 f ` ~ •: ~_-? n.. L' ~ , , i -~ C7 ~ C'. ::'--~ "7CJ-n 'Q -~ . W ~.•~ Ci Lat ita.trav nazze COMMONWEALTH OF PENNBYLYANIA • OEPART1AENr OF HEALTH • YITAL RECORDS rw~ CORONER'S CERTIFICATE OF DEATH ^a~_an~ (Srr in~trzzetlom entl exampNS on rsverw) srA~ fl~ ta»~een b t.trraara.wn.rr.wret z. a. asaw anwr nnaa adraowh Maileq, rrl Refugio T Zizzi Female 519 - 12 - 2189 Jul 18 2010 a,y,ryr ®+'a1 Uart Uaat a aem >. wra.a e1RoaUall ab 11,r n11 real r,,. ~ a0.: 89 vn Jul 4, 1921 Idaho Falls, ID ~1a.+a0 ^entao.rAi ^ow ^,,,w,,ar ^iMlb.b• ^ar•sp,rat; a Caryrarn RCN. Owrn zGFdif lYrn dnel lrMialpM,Y,a YaarOr) 9.Wr be,itiYa NgaYCQlpbT ~W Yw IO.IItr Mrrbn bin BllA b1111. ae Cumberland .East Pennaboro Rol S irit Nas ital "t""'"°""'°"b"i°~ ~~ 1. 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Mechanicebur Pa. 17050 obraw0 vrmi w. ~'<:: C3 ~ 1`~ la~ OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Refugio T. Zizzi Robert G. Frey & Trisha A. Liess , (each) a subsribing witness to Deceased the [ ]Will [ ]Codicil presented herewith, (each) being duly qualified according to law, depose(s) a say(s) that she / he /they was /were present and saw the above Testator / Tesatrix sign the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the resence of e (other. J~ • / ~ r , nature) Robert G. Frey (Signature) Trisha A. Liess 5 South Hanover Street (Street ress) Carlilsle, PA 17013 ( ity, State, Zip) Executed in Register's O,~'ice Sworn to or affirmed and subscribed before me this day of , 20 5 South Hanover Street (Street A ress) Carlilsle, PA 17013 (City, State, ip) Executed out of Register's Office Sworn to or affirmed and subscribed befo me this day of , 20 Deputy or Reg>ster o Wills My Co mission Expirees: (Signs and Seal of Notary or other offical qualified to rnrster oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s). at time of notarization. vd ~~; ~;d{~ ~~7i~vn~ 1a~~o s,N~d~ ~u ~a~~~ a~ ~Z add 0! 9f1n0lOZ ~~~ NOTMAL NiAL t3U8AN R. HENRY. NOTMY i*lR1LIC Carlisle Borough, ~ C,pmMSSiun E ~ 'J01 ~,.., _ ] ~~ , .. LAST WILL AND TESTAMENT OF REFUGIO T. ZIZZI I, REFUGIO T. ZIZZI married woman, of 1448 Holly Pike, Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter named Executor or Executrices to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I further direct that all inheritance, transfer, succession, estate and death taxes, including interest and penalties thereon, which may be payable on account of my death shall be payable from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 2. I declare that I am married to COSMO J. ZIZZI, SR., and that I have six (6) adult children, THERESA ZIZZI, ANTHONY ZIZZI, COSMO J. ZIZZI, JR., ELIZABETH ZIZZI, BILL ZIZZI, and MARIANNE ZIZZI BEASILE. 3. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to my husband COSMO J. ZIZZI, SR., his heirs and assigns, per stirpes. Should my husband or my husband's personal representative, guardian, or agent acting under a power of attorney, elect to disclaim any portion of the bequest made herein, such disclaimed portion or my estate shall pass to the Disclaimer Trust hereinafter created. 4. Should my husband fail to survive me, then in such event, all the rest residue and remainder of my estate real, personal and mixed, and wheresoever the same may be situate I give, devise and bequeath to such of my children as shall survive me by a period of ninety (90) days, the share any deceased child would have received to pass to his or her issue, per stirpes, and if there be no such issue, said share shall lapse and be added to the remaining share or shares. 5. Disclaimer Trust: Any amounts disclaimed by my husband (or my husbands personal representative, guardian or agent acting under a Power of Attorney) pursuant to the terms of paragraph four hereof shall be held by the Trustee hereinafter named, and the Trustee shall pay to my husband, COSMO J. ZIZZI, SR., for life, the following from such Trust: a. The net income quarterly or more frequently. b. In addition, so much of the principal as the Trustee, in the Trustee's sole discretion, deems proper for the support, health~nd education of my wife. In the exercise of this power, the Tr~teB ~ -T may, but shall not be required to, consider the other resource ~~ _ ~ ~-, ~ : 7 my wife. -`' ?~ ~, ~ _._. - ; ~ O T , _~l c. In addition, so much of the principal as my wife, from tin~i~-,-, -o _ time during my wife's lifetime, requests in writing delivered t ^ 'r t -:_ ;:T: Trustee, not to exceed in any calendar year the greater of~ive N , ~, -~~ c-, : Thousand Dollars ($5,000) or five percent (5%) of the value of ~ .....4'~ '` "` the principal at the end of such year. Such right shall be non- cumulative, and may be exercised only during the month of December of each calendar year. d. Upon the death of my husband, the Trustee shall distribute the balance of principal of the Disclaimer Trust to those persons who would then be entitled to the residue of my estate, as provided for under paragraph three of this Will, as if my husband, COSMO J. ZIZZI, SR., had failed to survive me and I had died immediately prior to the time such distribution was directed. ,~~~~ e. I hereby nominate constitute and appoint my son, ANTHONY ZIZZI, as trustee, but should he predecease me or at anytime be unable or unwilling to serve as such, then in such event, I nominate, constitute and appoint my daughter, ELIZABETH ZIZZI, as alternate or successor trustee. 6. I hereby nominate, constitute and appoint my husband, COSMO J. ZIZZI, SR., as Executor of this my Last Will and Testament, but should he predecease me or fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint my son, ANTHONY ZIZZI, as Executor, but should he predecease me or fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint my daughter ELIZABETH ZIZZI, as Executix, and I further direct that none of them shall be required to post any bond to secure the faithful performance of his duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 7. In addition to the powers conferred by law, my hereinbefore named Trustees and Executors and their respective successors, are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted ~rz shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on three (3) pages, this2~ Kday of October, 2008. .rte r ~~~,,/ RE I T. ~ (SEAL) Signed, sealed, published, and declared by REFUGIO T. ZIZZI the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses.