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
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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 ~~-~
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ES1~te Of Refugio T. Zizzi , Deceased ~ A~~ ~ _=~ --
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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
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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.
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Local Registrar Date Issued
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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.
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NOTMAL NiAL
t3U8AN R. HENRY. NOTMY i*lR1LIC
Carlisle Borough, ~
C,pmMSSiun E ~ 'J01
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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 ~
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may, but shall not be required to, consider the other resource ~~ _
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my wife. -`' ?~ ~,
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c. In addition, so much of the principal as my wife, from tin~i~-,-, -o
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time during my wife's lifetime, requests in writing delivered t ^ 'r t
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Trustee, not to exceed in any calendar year the greater
of~ive N
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Thousand Dollars ($5,000) or five percent (5%) of the value of ~
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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
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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.