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PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA
Estate of John W. Phillips File Number ~ ~ ~' ~ - ~ `~ `%'
also known as
,Deceased Social Security Number
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EX@CUtOrS named in the
last Will of the Decedent dated 9/24/1996 and codicil(s) dated
(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 person:
B. Grant of Letters of Administration
(If applicable, enter.• c. t. a.; d.b.n.c.t.a.; pendente liter durante absentia; durante minoritate)
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at
Bethany Village Mechanicsbur4 PA 17055
(List street address, town/city, township, county, state, zip code)
Decedent, then 79 years of age, died on 9/23/201 O at Holy Spirit Hospital
Camp Hill Cumberland County PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 250.000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in nhe appropriate form to
the undersigned:
nature Typed or printed name and residence
Joseph C. Phillips
331 E uus Drive Cam Hill PA 17011
-~ `~ Michael J. Phillips
328 Deerfield Road Cam Hill PA 17011
Form RW-02 rev. 10.13.06 Page 1 of 2
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any)ra~nd heirs:(If
tlrlrniv~ictvntinvi r t n nr rl h vi n t n as~tor ~lnto nfWill ivy .C'ontinn t1 nhnvo nvr~l nmm~lota livt nflroirc 1 Q
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA ;
SS
COUNTY OF Cumberland
The Petitioner(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. ~ ~~ ~ 7
Sworn to or affirmed and subscribed
before me the ~ ~f day of
~C'f ~
r
~~ For the Register
Signature
C
Joseph C. Phillips
~i ~
a /'~'S'
Signature of Personal Representative Michael J. Phillips
Signature of Personal Representative
File Number: ~ ~ ~ ~ ~ -
Estate of John W. Phillips ,Deceased
Social Security Number:184-24-5141 Date of Death: 9/23/2010
AND NOW, St ~ ~ ~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Joseph C. Phillips and Michael J. Phillips
in the above estate
and that the instrument(s) dated September 24. 1996
described in the Petition be admitted to probate and filed of record as the last Will (and Codicils)) of Decedent. _ , ,
FEES
3 I Q. ~~
Letters ............................. $
Short Certificate(s) ••.••••••••• $
Renunciation(s) •••••••••••••••• $
fii .... $ ~ ,a~
.... $
.... $
.... $
.... $
.... $
.... $
TOTAL ............................. $
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.: 36409
Address: 2931 North Front Street
Harrisburg
PA 17110
Tele~ Sfd~(.~ 17-238-7555
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Form RW-02 rev. 10.13.06 ~-' 4 'E~ ~~ ~ ~' ~ ' ` ~ Page 2 of 2
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LAST WILL AND TESTAMENT ~ c ~--~ ~_--~,
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JOHN W. PHILLIPS ~~ ~
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I, John W. Phillips, of Coal Township, Northumberland County, Pennsylvania, being of
sound and disposing mind, memory, and understanding, do hereby declare this to be my Last
Will and Testament, hereby revoking all prior wills and codicils.
FIRST: The expenses of my last illness and funeral shall be paid out of my estate.
SECOND: I may leave a written statement or list in my safe deposit box disposing
of certain items of my tangible personal property not otherwise specifically disposed of herein.
Any such statement or list in existence at the time of my death shall be determinative with
respect to all items bequeathed therein. If no written statement or list is found in my safe
deposit box or elsewhere and properly identified by the Executor within thirty (30) days after
the probate of my Will, it shall be presumed that there is no such statement or list; any
subsequently discovered statement or list shall be ignored.
I bequeath all my tangible personal property owned by me at the time of
my death, together with all insurance policies thereon, to my wife, Mary Lou Phillips, if she
survives me by thirty (30l days. In the eve~.t she fails to survive me by thirty (30) days, I
bequeath said tangible personal property and all insurance policies thereon, in as nearly equal
shares as is practicable, to my children, Joseph C. Phillips and Michael J. Phillips, who survive
me by thirty (30) days. In the event that one or neither child survives me by thirty (30) days,
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then that deceased child's share shall be given in equal shares to the children of said deceased
child, In Trust, as set forth in THIRD below.
THIRD: I give, devise and bequeath all the rest, residue and remainder of my estate
to my wife, Mary Lou Phillips, if she survives me by thirty (30) days. In the event she fails
to survive me by thirty (30) days, I give, devise and bequeath all the rest, residue and remainder
of my estate in substantially equal shares to my children, Joseph C. Phillips and Michael J.
Phillips, who survive me by thirty (30) days. In the event that one or neither child survives me
by thirty (30) days, then that deceased child's share shall be distributed as follows:
(1) One third (1 /3) of the share that my deceased son would have
received had he survived me by thirty (30) days shall be given to his spouse
should she survive me by thirty days.
(2) The remaining two thirds (2/3) share that my deceased son would
have received had he survived me by thirty days (or the entire share if my
deceased son's spouse does not survive me by thirty (30) days) shall be given in
equal shares to the children of said deceased son, in trust, as follows:
A. The Trustee shall invest and reinvest this Trust Estate and shall
distribute the net income (hereinafter called "Income") and principal as follows:
(1) So long as any living child of my deceased child is under the age
of twenty-five (25) years, the principal shall be held as a single trust. The
Trustee shall use so much of the Income and principal as he deems advisable, in
view of other readily available funds of which he has knowledge, to provide for
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the welfare, comfortable support and education through the college level of each
of the children of my deceased child with no duty of equalization, and shall add
any excess Income to principal and invest it as such; PROVIDED, however, that
at least a per stirpital share of Income shall be paid to or for the benefit of each
living child after his or her twenty-fifth (25th) birthday. In addition, the Trustee
is authorized in its discretion to use such sums from principal as it deems
advisable to assist any child with his or her graduate or professional education,
with the purchase of a home or in a business or profession and to charge a
portion or all thereof as an advancement, with or without interest, against the said
child's share under Subparagraph (2) below. In the event of a child's death, the
Trustee is authorized in its discretion to pay part or all of the funeral expenses.
The Trustee may pay sums allocated to a minor, without liability on the part of
the Trustee to see to the application thereof.
(2) As soon as there is no living child of my deceased child under the
age of twenty-five (25) years, the principal shall be divided, and distributed
subject to any advancements, into as many equal shares among the living children
of my deceased child. The share of any deceased child shall be distributed as is
hereinafter set forth.
(a) Upon the death of each child of my deceased child, if his
or her trust has not already terminated, or upon the division into
shares under this Subparagraph (2) in the case of a child who is
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not then living, said child's share or so much thereof as may then
remain shall be transferred and delivered to his or her then living
issue, per stirpes, or, if he or she has none, shall be added equally
to the shares of such of the other children of my said child as are
either then living or, if deceased, have issue then living and shall
be held or distributed as if the latter shares were being set apart at
that time .
(b} If any remainderman under the foregoing provisions is a
minor and is entitled to share in excess of the amount which may
be paid to his or her natural guardian, such share shall vest in said
remainderman but shall be retained by the Trustee in a separate
trust until the twenty-fifth (25th} birthday of said remainderman,
at which time the trust shall terminate and the principal shall be
transferred and delivered to him or her free of trust. During such
minority period, the Trustee may pay to the person having custody
of said remainderman, without liability on the part of the Trustee
to see to the application thereof, or may expend directly so much
of the Income and principal as it deems advisable for the welfare,
comfortable support and education of said remainderman and shall
add any excess Income to principal and invest it as such. In the
event of the death of said remainderman during minority, the
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Trustee is authorized in its discretion to pay part or all of the
funeral expenses, and the remaining principal shall be transferred
and delivered to said remainderman's estate.
(c) The interest of any beneficiary hereunder, including a
remainderman, in Income and principal, shall not be subject to
assignment, alienation, pledge, attachment or claims of creditors
until after payment has actually been made by the Trustee as
hereinbefore provided.
(d) Upon the death of any Income beneficiary, any Income accrued or
received by the Trustee subsequent to the last Income payment date
shall be paid to the person or person for whose benefit the principal
producing such Income is continue in trust to whom such principal
is distributed under the terms hereof.
(e) Corporate distributions received in shares of the distributive
corporation shall be allocated to principal, regardless of the
number of shares and however described or designated by the
distributing corporation.
(f) In the event that my son, Joseph C . Phillips, predeceases
me and his share of the estate is put in trust for his children, Justin
Michael Phillips, and Amy N. Phillips, and such other children
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born to or adopted by him, I appoint Debra Phillips Trustee of
said trust. In the event that Debra Phillips cannot serve as
Trustee, I appoint Michael J. Phillips Trustee.
In the event that my son, Michael J. Phillips, predeceases
me and his share of the estate is put in trust for his child, Kristen
A. Phillips, and such other children born to or adopted by him, I
appoint Susan Phillips, Trustee of said trust. In the event that
Susan Phillips cannot serve as 'I'~ustee, I appoint Joseph C. Phillips
Trustee.
(g) Any trustee appointed herein shall have the right to designate
one or more individuals or a corporation with fiduciary powers to
serve with him as Co-Trustee or Co-Trustees or to succeed him as
Trustee or Trustees. If at any time more than one Trustee is
serving, all singular references to Trustee herein shall be deemed
to include the plural.
(h) Trustee hereunder shall have the following powers, in
addition to and not in limitation of those granted by law: to accept
assets in kind in distribution from my estate; to collect proceeds of
insurance on my life and to use such proceeds to purchase assets
from my estate or to make loans to my estate; to retain assets in
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kind or to sell the same and to invest and reinvest the proceeds and
any other cash in any kind of property, real or personal, or part
interest therein, located in the United States or abroad, including
interest-bearing accounts in or certificates issued by its own
banking department and securities underwritten by syndicates of
which the Trustee is a member but not purchased from the
Trustee, all statutory and other limitations as to the investment of
funds, now or hereafter enacted or in force, being waived; to hold
income cash uninvested until the next regular payment date,
without liability for interest thereon; to retain or to purchase
policies of life insurance, to pay premiums thereon from income
or principal and to exercise all rights of ownership thereover; to
pledge, exchange or mortgage real or personal property and to
lease the same for terms exceeding five (5) years; to give options
for sales and exchanges; to borrow money; to compromise claims;
to vote shares of corporate stock, in person or by proxy, in favor
of or against management proposals; to carry securities in the
name of a nominee, including that of a clearing corporation or
depository, or in book entry form or unregistered or in such other
form as will pass by delivery; and to make division or distribution
hereunder either in cash or in kind and to allocate to shares
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different kinds of or interest in property and property having
different bases for federal income tax purposes as the Trustee
deems equitable.
(i) Any trustee designated herein shall have the right to
designate one or more individuals or a corporation with fiduciary
powers to serve as Co-trustees or as a successor Trustee. A
corporate Trustee shall be entitled to receive annual compensation
for its services hereunder in accordance with its schedule in effect
when the services are performed, but not in excess of such
compensation as would be approved by a court of competent
jurisdiction.
In the event that a deceased son is not survived by a spouse or issue for thirty (30) days
after my death, said share shall be distributed to my surviving son if he survives me by thirty
(30) days or his spouse and issue as set forth above.
FOURTH: I appoint my wife, Mary Lou Phillips, Executrix of this my Will. In case
of her inability or unwillingness to act or to continue as my Executrix, I hereby appoint my
sons, Joseph C. Phillips and Michael J. Phillips, as Co-Executors. In the event either is unable
or unwilling to act or to continue as my Executor, I hereby appoint my other son as my
Executor. I give to my Executrix or my Executor the same powers as are hereinbefore given
to my Trustee.
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No bond shall be required of any fiduciary hereunder in any jurisdiction. No fiduciary
hereunder shall have any liability for any mistake or error of judgment made in good faith.
I specifically authorize my Executrix or Executor to file a joint income tax return with
my wife for any period during which such a return is permitted, without requiring her to sign
an indemnification agreement.
FIFTH: I realize that executors and trustees are given discretion by law to make various
elections which affect the income and estate taxes payable by estates, trusts and beneficiaries,
as well as the relative shares of beneficiaries, such as taking administration expenses as
deductions for either estate or income tax purposes, selecting options for the payment of
employee death benefits, electing to take qualified terminable interests as part of the marital
deduction, selecting alternate valuation dates, postponing the payment of taxes, filing joint
income tax or gift tax returns and redeeming corporate stock. The decisions made by my
fiduciaries in any of those matters shall be binding upon, and not subjected to
question by, any affected persons; PROVIDED, however, that if a corporate fiduciary is
serving, its decision shall also be binding upon any individual co-fiduciary. I rely upon my
fiduciaries to take into consideration the total income and estate taxes payable by reason of their
decisions, including those payable by my survivors, and they are authorized in their discretion,
but not required to make adjustments between income and principal as a result thereof. They
are specifically authorized to file a joint income tax return with my wife for any period during
which such a return is permitted, without requiring her to sign an indemnification agreement.
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SIXTH: I direct that all estate, inheritance and other taxes in the nature thereof,
together with any interest and penalties thereon, becoming payable because of my death with
respect to the property constituting my gross estate for death tax purposes, whether or not such
property passes under this Will, shall be paid from the principal of my residuary estate, and no
person receiving or having a beneficial interest in any such property, whether under this Will
or otherwise, shall at any time be required to contribute to or refund any part thereof;
PROVIDED, however, that this direction shall not apply to the taxes on any property included
in my estate solely because of a power of appointment thereover which I possess but have not
exercised or on any qualified terminable interest or to any generation-skipping transfer taxes.
SEVENTH: Any person who has died at the same time as me or within thirty (30) days
of my death, or under such circumstances that the order of our deaths cannot be established by
proof, shall be deemed to have predeceased me .
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and
Testament, consisting of this and the preceding nine (9) pages, at the end of each page of which
I have also set my initials for greater security and better identification this
~~~
,.~ day of `~- ,~ ~''' 19~.
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J,i W. Phillips
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 day and year first above written, and we certify that
at the time of the execution thereof, the said Testator was of sound and disposing mind and
memory .
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COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF t~~a~-~..~- -~) )
We, John W . Phillips, ~1r'; ,' ~; ..,.,~ `jj// l~` , ~, ' ~ _,
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~~~'~ ~~ -~ ~ ~ - ~ ~ ~, ,~,-.the testator and the witnesses,
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respectively, whose names are signed to tie attached or foregoing instrument, being first duly
sworn, do hereby declare to the undersigned authority that the testator signed and executed the
instrument as her Last Will and that she had signed willingly, and that she executed it as her free
and voluntary act for the purposes therein expressed, and that each of the witnesses, in the
presence and hearing of the testator, signed the Will as witness and that to the best of their
knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and
under no constraint or undue influence.
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Witness ,-~/~~~ residin at ~~; r^~ ~ ;t r` ,
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Witness`--~~,,'~~ ~ ~_ ~ ~ ~,:`~- residing at ~~~ ,~,~., ~~ ; - ~-n;~., . ~~' ~-~` ~ '~ i
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Witness, - , ~ ~ residing at _ ,_ ,
Subscribed, sworn to and acknowledged before me by John W . Phillips,
the testator, and subscribed and sworn to before me by
~~ ~~
~~i°=~~ c~~Ylc, ~~~~~<~u.. ~ ~f-~ ~'s and ~'~ _° ~°~
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witnesses, rhi, r~~ day of ~~_~"~,~~-~....~..~,,L.,r. 1996.
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Notary Public ;'
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P. Kathryn-~ ~~~-1rzz, Notary Public
H..~,~r~i~~uE~':~,, ~~ ~du~hin Coun#y
My Comr!>>a:a~r.}y: ~ ,.,;•,~r~s hAarch 30, 1999
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