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HomeMy WebLinkAbout10-19-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of John R. Fenstermacher also known as Deceased File Number ~ ~ ~0! ~ r /~d Social Security Number 056-48-7946 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executrix named in the last Will of the Decedent dated May 26, 1992 and codicil(s) dated (State relevant circumstances, e.g., renunciation, death ofesecutor, etc.J 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: ^ B. Grant otLetters of Administration (Ijapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lire; durance absentia; durance 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.c.t.a., enter date of Will in Section A above and complete list of heirs.) (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal r~ c~ Q r-~ r` T i .. l ~ -'] r -, at '~ (List street address, lown/city, township, county, state, zip code) ~ _i - - , ,-~ Decedent, then 56 years of age, died on September 30, 2010 at 100 Green Ridge Road, Carlisle, ennsylvaniq.~ ~ `'. " Decedent at death owned property with estimated values as follows: (lf domiciled in PA) All personal property $ 5,000.00 (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 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 the appropriate farm to the undersigned: name and residence Margaret A. Fenstermacher 100 Green Ridge Road, Carlisle, PA 17015-1508 FormRW-02 rev. /0./3.06 Page I oft Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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. ~ ~ Sworn to or affirme/d andspbscribed V ~ 10~X Gl_._: / ~ Signature fPers~n Representative w ' ' `-; w Social Security Number: 056-48-7C9~46 Date of Death: September 30, 2010 AND NOW, ~ ~ 1 ~~ ~ . in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Margaret A. Fenstermacher in the above estate and that the instrument(s) dated May 26, t 992 described in the Petition be admitted to probate and filed of reco d as the last W'll (and Codici s)) of Decedent. FEES n! /pl Gl~ '~" Regist of Wills /1.~, Letters ............... $ ~_ ~TLJGC Short Certificate(s) ........ $ V + Attorney Signature: Ren nciati (s) .......... $ ~ $ Attorney Name: • • $~ Supreme Court I.D. No.: ..$ ~.~ $ Address: .. $ .. $ .. $ • • $ Telephone: ... ~~~~ TOTAL .............. $ i Form RW-02 rev. 10.13.06 Page 2 of 2 ~n Estate of John R. Fenstermacher ,Deceased ~b-r~s/ r~r ~~ Y n _~ ~r~~~_,F ~~,- J~^i i,'~i! 1 ~ ~~U '~~11 v~ ~'I.~'~. 'J LAST WILL AND T$STANBN'1' C• JOHId R. FENS'PERlACHSR 2010 OCT 19 AM I I ~ 33 CLERK OF ORPN,AN'S COURT CUMBFRI,~1!p C0 , PA I, John R. Fenstermacher, of the Township of Monroe, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. I EM I: Except to the extent that the Trustees of the Credit Trust referred to in Item III herein pay inheritance and estate taxes, I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under Item III of this Will, as an expense and cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor, even though on proceeds of insurance or other property not passing under this Will. In the absolute discretion of my Executor, my Executor may pay such taxes immediately or may postpone the payment of taxes on future or remainder interests until the time possession thereof accrues to the beneficiaries. I'!,"EM II: If I predecease my wife, Margaret A Fenstermacher, I give and bequeath to her absolutely and in fee Page 1 of 13 pages simple all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other like articles of household or personal use or adornment. If I survive my wife, I make said bequest to my then living children to be divided among them by my Executor in as nearly equal shares as possible. ITEM IIIs I direct that my Executor divide the residue of my property, real, personal and mixed, not disposed of in the preceding portions of my Will into two parts identified as the Marital Bequest and the Credit Trust as more fully identified hereinafter. The Marital Bequest shall be and include an amount equal to the maximum marital deduction allowable to my Estate pursuant to the Internal revenue Code of 1986, as amended (the "Code"), reduced by any other amounts allowable to my Estate as a marital deduction and not passing under the terms of this Will, and further reduced by an amount, if any, needed to increase my taxable Estate so that the federal estate tax imposed thereon will equal all credits (other than for state death taxes designed to claim the credit under Section 2011 of the Code) available against such tax. The Marital Bequest shall include only assets which qualify for the marital deduction valued at the date of distribution and which, to the extent other assets are available, shall not include assets for which a foreign death tax credit is available. All assets not specifically bequeathed or not included in the Marital Bequest, under the provisions of this Item III shall be included in the Credit Trust. I give, devise and bequeath the Marital Bequest to Page 2 of 13 pages my wife Margaret A. Fenstermacher, and direct that my Executor pay such amount, outright, to my wife, Margaret A. Fenstermacher. If my said wife does not survive me, then the Marital Bequest shall become part of the Credit Trust described in Item IV below and shall be distributed as therein provided. ITEM IV: I give, devise and bequeath the assets constituting the Credit Trust to my wife, Margaret A. Fenstermacher and R. Glen Fenstermacher of Ocean City, New Jersey (collectively the "Trusteeis"), IN TRUST NEVERTHELESS, for the following uses and purposes: (a) The Trustees shall have, hold, manage, invest and reinvest the principal of the Trust, collect the income and pay over the net income in no less than quarterly installments to my wife, Margaret A. Fenstermacher, if she is living. The Trustees shall also, in their sole discretion, pay to my said wife, or to such of my issue as my wife shall from time to time direct in writing during her lifetime, principal of the Trust not exceeding Five Thousand ($5,000.00) Dollars per annum or five (5$) percent of the then remaining principal of the Trust per annum as determined on the first day of the calendar year, whichever is greater, provided that such annual sums may not be cumulated. (b) Upon the death of my said wife, or if my said wife predeceases me, then, upon my death, my Trustees shall divide the principal of the Trust into as many shares or parts as there are then living children of mine and then deceased children of mine represented by then living issue. The Trustees shall hold one such Page 3 of 13 pages share as a separate Trust Fund for the benefit of each such then deceased child of mine. (c) In each Trust thus established for a then living child of mine, the Trustees shall have, hold, manage, invest and reinvest the principal thereof and shall pay to or for the benefit of such child so much of the net income of the Trust and so much of the principal of said Trust as the Trustees, in the Trustees' sole discretion, shall deem necessary and appropriate to maintain said child in the proper station in life, including proper support, maintenance, medical, hospital, nursing and nursing home care, and high school, vocational, college, university and post-graduate education. Upon such child's attaining the age of twenty-five (25) years, upon request of the child, he or she shall be paid one-third (1/3) of the then assets of the Trust; upon such request of the child, he or she shall be paid one-half (1/2) of the then assets of the Trust; upon such child's attaining the age of thirty-five (35) years, he or she shall be paid all of the remaining assets of the Trust. (If, at the establishment of the Trust, said child has already attained an age at which he or she would have been entitled to one or more distributions of assets, as above provided, the portion(s) which would have been distributed at such prior age(s) shall be paid to such child forthwith.) Should such child of mine die before final distribution of the assets of said Trust, but be survived by then living issue, the Trustees shall quarterly pay the net income form said Trust to or for the benefit of said issue, per Page 4 of 13 pages stirpes, living at each time of quarterly pay the net income from said Trust to or for the benefit of said issue, per stirpes, living at each time of quarterly distribution; twenty (20) years following the death of such child of mine, all then remaining assets of said Trust shall be paid to the then recipients of the income, in the proportion by which they are then entitled to the income. Should such child of mine die before final distribution and not be survived by then living issue, the provisions of Item IV (e) herein shall obtain. (d) In each Trust established for the benefit of the issue of a deceased child of mine, the Trustees shall have, hold, manage, invest and reinvest the principal thereof and shall quarterly pay the net income to or for the benefit of the issue of such deceased child of mine, per stirpes, living at the time of each quarterly distribution. Twenty (20) years following the death of the Testator, the Trustees shall pay over all of the then assets in each such Trust to the then recipients of the income of the respective Trusts in the proportions by which they are entitled to the income. (e) If at any time before final distribution of the assets of the Trusts established for my children or the issue of the deceased children of mine, there are no living beneficiaries of a Trust, that Trust shall terminate, and its assets shall be divided into as many equal shares as there are then existing Trusts created under this Item, and one such share shall be added to each such then existing Trust; provided that if any of said Trusts Page 5 of 13 pages herein created has previously been terminated by payment of all of its principal to its beneficiaries who received payment of the principal of that Trust shall collectively be considered an "existing Trust" for the purposes of this Item IV (e), and one such equal share shall be paid directly to each beneficiary in the same proportion by which he received the principal of the Trust, or if deceased, to his or her then living issue, per stirpes. If at the time of termination described in this Item IV (e), there is no then existing Trust, or if at any time before final distribution of assets under this Item, none of my issue is living, the Trust shall terminate, then all of my property, real, personal and mixed, not disposed of by the preceding portions of this Will, shall be distributed as follows: (i) fifty (50~) percent thereof to those persons who receive my Estate had I then died intestate, a domiciliary of Pennsylvania; and (ii) fifty (50~) percent thereof to those persons who would receive the estate of my wife, Margaret A. Fenstermacher, if she had then died intestate, a domiciliary of Pennsylvania. (f) The Trustees shall also from time to time pay to an income beneficiary hereunder such amount of the. principal of this Trust as all Trustees deem necessary and/or advisable for the proper support, maintenance, medical, hospital, nursing and nursing home care of said beneficiary's other available sources of income and assets. (g) This Trust shall be governed by Pennsylvania law. Its situs shall be Dauphin County, Pennsylvania. Page 6 of 13 pages (h) The Trustees may consolidate any Trust created herein with any similar Trust created under any other instrument for the identical beneficiary of beneficiaries. (i) In the event of the death, resignation, refusal or inability of one or more of the hereinbefore named Trustees to serve as a Trustee hereunder, the remaining Trustee shall continue to serve as Trustee; provided, however, that the last surviving Trustee shall have the duty, power and authority to appoint and constitute a Corporate Trustee to act as Successor Trustee hereunder. ITEM V: No part of the income of principal of the property held under any Trust created herein shall be subject to attachment, levy or seizure by any creditor, spouse, assignee, trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. The Trustees shall pay over the net income and the principal to the parties herein designated, as their interests may appear, without regard to any attempted anticipation (except as specifically provided in this instrument) or assignment by any beneficiary under a Trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM VI: In the settlement of my Estate and in the administration of the Credit Trust, my Executor and Trustees shall, in addition to powers given by law, have the following powers to be exercised for the best interest of the beneficiaries: Page 7 of 13 pages (a) To retain any investments I may have at my death so long as my Executor or Trustees may deem it advisable to my Estate or Trusts so to do. (b) To vary investments, when deemed desirable by me Executor or Trustees and to invest in such bonds, stocks, notes, money market funds, real estate mortgages, limited partnerships or other securities or in such other property, real or personal, as they shall deem wise, without being restricted to so-called "legal investments." (c) in order to effect a division of the principal of my Estate or a Trust for any other purpose, including any final distribution, me Executor and Trustees are authorized to make said divisions or distributions of the personalty and realty, partly or wholly in kind. If such division or distribution is made in kind, said assets sre required to be divided or distributed at their respective values on the date or dates of their division or distribution. (d) To mortgage, create a security interest in, pledge or hypothecate; to exchange or lease (including lease for a period extending beyond the term of the Trust created by this instrument); or to license, publish or otherwise dispose of any shares, notes, securities, real estate, minerals, literary and other Trust property upon such terms, cash or credit, or both, as the Trustees may deem advisable. (e) To sell, either at public or private sale and upon such terms and conditions as my Executor or Trustees may deem Page 8 of 13 pages advantageous to my Executor or Trustees may deem advantageous to my Estate or a Trust, any or all real or personal estate or interest therein owned by the Estate or a Trust severally or in conjunction with other persons or acquired after my death by my Executor or Trustees and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust, and without obligation of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this Item VI (e) or elsewhere in my Will. (f) To enter into and execute agreements of sale and long-term leases and ground leases in excess of five ( 5 ) years' duration; to hold, subdivide, improve and develop real property; to continue, terminate or refuse to renew any existing leases, agreements, mortgages or other encumbrances; to settle, compromise, negotiate, litigate or otherwise dispose of disputes concerning real property without court approval; to form and enter into partnerships or corporations; and to vote interests or shares therein. (g) To participate in any reorganization, consolidation, merger or dissolution of any corporation, the stocks, bonds or other secur3ities of which may be held at any time as part of the Page 9 of 13 pages Trust property, and to receive and continue to hold any property which may be allocated or distributed to the Trustees by reason of participation in any such reorganization, consolidation, merger or dissolution. (h) To borrow money from any party to pay indebtedness of mine or of my Estate or Trusts, expenses of administration, or inheritance, legacy, estate and other taxes. (i) To pay all costs, taxes, expenses and charges in connection with the administration of my Estate or a Trust. My Executor shall pay expenses of my last illness and funeral expenses. (j) To vote any shares of stock which form a part of my Estate or a Trust and to otherwise exercise all the powers incident to the ownership of such stock. (k) To make application for licenses and other documents to the proper local or state agencies, boards and bureaus. (1) In the discretion of my Executor or Trustees, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of a Trust or my Estate. (m) To assign to and hold in a Trust an undivided portion of any asset. (n) To employ agents, accountants, attorneys, property managers, appraisers, contractors, engineers, architects, surveyors, real estate consultants, brokers and assistants and to pay their fees and expenses, as the Trustee may deem necessary or Page 10 of 13 pages advisable to carry out the provisions of the Credit Trust created by this Agreement. (o) In the discretion of my Trustees, if the size of any Trust herein established shall become so small that it is impractical or uneconomical to continue said Trust, my Trustees may distribute all accumulated income and principal to the then income beneficiaries in proportion to their income interests. (p) The right and discretion to elect the most propitious settlement options for any employee benefit options payable to any Trust, assuming such election shall be in accordance with procedures established by the plan's administrative committee or administrator, as the case may be. ITEM VII: Any person, other than Margaret A. Fenstermacher, who shall have died at the same time as Testator, or in a common disaster with him, or under such circumstances that it is difficult or impossible to determine who died first, or who fails to survive Testator by ninety (90) days, shall be deemed to have predeceased him. If Testator and Margaret A. Fenstermacher die at the same time, or in a common disaster, or under such circumstances that it is difficult or impossible to determine who died first, or if Margaret A. Fenstermacher fails to survive Testator by ninety (90) days, Testator shall be deemed to have survived Margaret A. Fenstermacher. ITEM VIII: If at any time, any minor child or incompetent .shall be entitled to receive any assets hereunder, R. Glen Fenstermacher shall act as Guardian of the assets payable to Page 11 of 13 pages such child or incompetent and shall have full authority to use such. assets in any manner as such Guardian shall deem advisable for the best interests of such child, including college, university, post- graduate or other education, without securing court order. ITEM Ix: I hereby nominate, constitute and appoint my wife, Margaret A. Fenstermacher, to be my Executrix (herein referred to as "Executor"). In the event of the death, resignation, refusal or inability of Margaret A. Fenstermacher to be my Executor, I hereby nominate, constitute and appoint R. Glen Fenstermacher to be the Successor Executor. My Executor, Trustees and Guardian are specifically relieved from the duty or obligation of filing any bond or other security. ITEM x: If I survive my spouse, Margaret A. Fenstermacher, and am survived by minor children, I nominate, constitute and appoint R. Glen Fenstermacher to be the Guardian of the person of each such minor child. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of this page, the next page and the preceding eleven (11) pages, this 26th day of May, 1992. Page 12 of 13 pages SIiGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, John R. Fenstermacher, as anf for his Will, in the presence of us, who, at this request, in his presence and in the presence of each other, have .hereunto subscribed our names as witnesses in attestaton thereof. Address oZ4/ (~(~C/~ L F ~ ~ ~, ~o Address IUWI.~ V~~v i11~ ~~oad ~-~ ii~~ , j~~- i-1 U t3 Address 3 2~ ~ ~ ~A X !~ 0 AD , ~o f B~aZ~ ~- Paqe 13 of 13 pages COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, John R. Fenstermacher, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by John R. Fenstermacher, the Testator, this 26th day of May, 1992. NOTARIAL SEAL JOHN R. BEINHAUR, Notary Puhlic Lower Paxton Twp.. Dauphin County M Commission Ex fires March 13. 1995 Nota Pu lic ~ My Commission Expires: (SEAL) OF PENNSYLVANIA COUNTY OF DAUPHIN SS.: and ~d~/~FLD P B&~zTS , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualifies according to law, do depose and say that we were present and saw the Testator, sign and execute the instrument as his Last Will; that the Testator signed willingly and executed it 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 to the best of our knowledge, the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed and subscribed to before me by < E , ~~tr'_ E. GOO 6C and 4dNi9Ll~ ~ d EST , witnesses, this 26th day of May, 1992. Witness ~ ~ (~'. Coo Witness w ess Nota Public My ommission E res: (SEAL) NOTARIAL SEAL JOHN R. BEINHAUR. Notary Public Lower Paxton Twp.. Dauphin County M Commission Ex Tres March 13. 1995