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HomeMy WebLinkAbout09-23-10STATE OF NORTH CAROLINA In The General Court Of Justice EXEMPLIFICATION BURKE COUnty U.S. Code Title 28-1738 As Clerk of the Superior Court of this County, State of North Carolina, I certify that the attached copies of the documents described below are true and accurate copies of the originals now on file in this office. wumoerHna uescnpnon urHttacnea uocuments Estate of William E. Read, 09 E 209 6 pages attached: Last Will and Testament and Certificate of Probate Date SEAL ~.- - '~ ~, _ ------ Name (Type Or riot) im Brown ^ De uty CSC ^ Assistant CSC ^ Clerk Of Superior Court As a Judge of the General Court of Justice, State of North Carolina, I certify that the signature appearing above is that of the Clerk, Assistant Clerk, or Deputy Clerk of Superior Court for this County, who is duly sworn. I further certify that the seal affixed to the certificate appearing above is the seal of this Court and that it has been used here in good form by the proper officer. f , '~^~ ~ ~ _-,,. ~ ~ ~ Date ---- ,- , .. , '~ ~C C~ ~ .V Signa dge ---- < ~ ~ - --- ....~ ; - ,.... C'U W +-, '~ ype Or Print) ---. . ~ - ; C~ Z r ;~-_ ROBERT C. ERV1N '___- t As Clerk of the Superior Court of this County, State of North Carolina, I certify that the signature appearing above is that of a duly sworn Judge of the General Court of Justice, State of North Carolina. SEAL ' e k (Type Or B H. COWMAN Assistant CSC ^ Clerk Of Superior Court AOC-G-102, Rev. 4/97 © 1997 Administrative Office of the Courts STATE OF NORTH CAROLINA BuRI{E County ., x ~ ~ f - i IN THE MATTER OF THE ESTATE OF: Name Of Decedent WILLIAM E. READ ~ CERTIFICATE OF PROBATE Date Of Purported Will 08-08-2000 Date(s) Of Codicil(s) A paper-writing dated as indicated above, purporting to be the Last Wil{ and Testament or codicil(s) thereto of the above named decedent has been exhibited before me. Sufficient proof of the due execution thereof has been taken in the self-proving paper-writing or as set forth in the accompanying affidavits which are incorporated and made a part hereof. It is adjudged that the paper-writing and every part thereof is the Last Will and Testament or cod'icil(s) thereto of the decedent, and the same is ordered admitted to probate. G.S. 31-17 . X v 0 File No. j~ 09-E ~ U In The General Court Of Justice Superior Court Division BE~fore The Clerk AOC-E-304, Rev. 5/98 ©1998 Administrative Office of the Courts DgE~o9 ~- Q LAST WILL AND TESTAMENT (Pour-Over Will) _ ~ _., i OF WILLIAM E. READ IDENTITY I, WILLIAM E. READ, residing in the County of Cumberland, Commonwealth o~f Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 240-28-5658. All reference made herein to "spouse or my spouse" refers to the person to whorri I am currently married; namely, MARY ANN READ. By the ensuing provisions of thi ,Will, it is my intention to dispose of my interest in our property; I do not intend to dispose of anything belonging to my wife or to put her to any election. ` I have the following children: MARY VIRGINIA READ HOPKINS born October 5, 1955 and ~` currently residing in Bayside, NY and ANN K. WEBER born November 14, 1957 and currently residing in Pipersville, PA and SARAH C. FORDICE born May 27, 1962 and currently residing in Vicksburg, MS. DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on ageneration-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE WILLIAM E. REAL> AND MARY ANN READ REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust''), or if my spouse predeceases me, under the Survivor's Trust created by the said Revocable Trust. If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." POUR-OVER WILLS Page 1 (TestatorlTestatrix) RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquirE;d before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the .same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including; the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invf;sted, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginn ing with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint MARY ANN READ as my Independent Executor of this, my Last Will and Testament, to serve without bond. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint ANN K. WEBER to serve without bond as my Independent Executor. In the event the second named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint SARAH C. FORDICE to serve without bond as my Independent Executor. In the event the third named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint MARY VIRGINIA READ-HOPKINS to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of Illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specif cally authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate POUR-OVER WILLS Page 2 (Testator/Testatrix) between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchangE;, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over o~hei-s. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall. be used as Federal Estate Tax deductions or as Federal Income Tax deductions and shall have the discretion to file a joint income tax return with my spouse. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If my spouse and I should die under circumstances such that the order of our deaths cannot be determined, then it shall be conclusively presumed for the purpose of this Will that my spouse survived me. If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. ~' r ~' ~~,- ~'' ` ~ ~ WILLIAM E. READ ~ Testator POUR-OVER WILLS Page 3 (Testator/Testatrix) This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each of the preceding pages. This instrument is being signed by me on this ~~`~7 day of ~~ ~~-~- , 2. v v U , ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the. foregoing instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and to his signature thereon. The Testator thereupon signed such instrument in our presence. A.t the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting; in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we beliE;ve the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testator. WITNESSES: :~---- (Printed Name of Witness) L1 ADDRESSES: ~~~ h ~r~~~3~' ~~~ ~ (Printed Name of Witness) POUR-OVER WILLS Page 4 (TestatorlTestatrix) +~ r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM E. READ, ~- ~.rrv ~~' and ~ ~~~~ , known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, WILLIAM E. READ, Testator, declared to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he did the same as a witness in the :presence of the Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. f.! c..f~ ' •---•-~. a WILLIAM E. READ Testator ~~ ,~..~-.C W' ess _ V (Printed Name of Witness) W itn ^` ~~~ ~~~ _ (Printed Name of Witness) SUBSCRIBED AND ACKNOWLEfDGED before me by WILLIAM E. READ, Testator, and subscribed and sworn to before me by G„~~/~:'J %'~~ and c~ %~ __ , witnesses, this the --~~ day of .~y~ ~ , 2-gcx~ Notary~tCommonwealth of 1?ennsylvania J EFFRE~-B~JON ES Commissioner of Deeds Commonwealth of Pennsylvania My Commission expires Nov 17, 2003 POUR-OVER WILLS Page 5 (Testator/Testatrix) * . _.~.. I-STATE OF NORTH CAROLINA In The General Court Of Justice EXEMPLIFICATION BURKE COUnt --- Y U.S. Code Title 28-1738 As Clerk of the Superior Court of this County, State of North Carolina, I certify that the attached copies of the documents described below are true and accurate copies of the originals now on file in this office. Number And Description Of Attached Documents Estate File # 09 E 209 William E. Read Attached is a copy of Application For. Probate and Letters (2 pages) SEAL Date 11-08-2010 _ Signature Name (Type Or Print) Kathy Staton Deputy CSC ^ Assistant CSC ^ Clerk Of Superior Court As a Judge of the General Court of Justice, State of North Carolina, I certify that the signature appearing above is that of the Clerk, Assistant Clerk, or Deputy Clerk of Superior Court for this County, who is duly sworn. 1 further certify that the seal affixed to the certificate appearing above is the seal of this Court and that it has been usecl here in good form by theproper officer. _ ~ ~_~ ,. ; - ~-- r--~~ -- --- _ ~ Date `'~ ` -~ ` ~ 11-08-2010 ~' ~ C!J _, _-1 Signatu Of Judge `~ " ~~ ..~' C~ =~. ~~i L --~ CV l.Lt ~. Y.~ ___ `~ _ ~~` ~ ~ ;~ .'i" j Na Of Ju Type Or Print) .- " ~ ~ ~~~~ ROBERT C. ERVIN c~ O ~ - - - - --- cw.~ s^~ As Clerk of the Superior Court of this County, State of North Carolina, I certify that the signature appearing above is that of a duly sworn Judge of the General Court of Justice, State of North Carolina. SEAL Date 11-08- 10 Signatur ___ ___ _ _ _ _ ame Of Clerk ( yp Or P t) MAB H. L WMAN Assistant 5C ^ Clerk OI' Superior Court AOC-G-102, Rev. 4/97 ©1997 Administrative Office of the Courts . ~._ STATE OF NORTH CAROLINA BvxxE County o~ File No. ~~jj C~ 09-E-~V In The General Court Of Justice Superior Court Division Befc-re The Clerk IN THE MATTER OF THE ESTATE OF: .. , . _ . ° ~ -~ Name And Address Of Decedent - - - APPLICATION william E. Read 220A Ridgeside Terrace -- ~ FOR PROBATE AND LETTERS Morganton, NC 28655 ~ - ' ~ TESTAMENTARY ^ OF ADMINISTRATION CTA Social Security No. County Of Domicile At rime of Death 240-28-5658 BURKE G.S. 28A-6-1; 28A-12-4; 31-16; 105-22 Date Of Death Date Of Will And Codicil(s1 If Any Place Of Death (If Different From County Of Domicile) 3-4-09 8-8-2000 Mecklenburg Cty NC Name And Mailing Address Of Applicant Name And Mailing Address Of Co-Applicant Ann K. `Veber 5434 Michael Ct Telephone No, Telephone No. Pipersville, PA 18947 (215) 588-4393 Legal Residence (County, State) Legal Residence (County, State) Bucks Cty, NC Name And Mailing Address Of Attorney Attorney Bar No. H. Dockery Teele, Jr. 4314 122 W. Union Street Telephone No. Morganton, NC 28655 (828) 433-4892 I, the undersigned, applying for probate and for letters in the above estate, being first duly sworn, say that: 1. The decedent was domiciled in this county at the time of the decedent's death, or left property or assets in this county, or was a nonresident motorist who died in North Carolina; no other proceeding for probate or for aclministration is pending in any jurisdiction. 2. The decedent left the paper-writing(s) purporting to be the decedent's Last Will and Testament [] and codicil(s), dated as shown above. 3.~ a. lam an executor, devisee or legatee named in the will, or a next-of-kin or creditor of the decedent. b. I am the person entitled to apply for letters or am applying after alt persons having prior right to apply have renounced. ^ c. I am applying subject to G.S. 28A-6-2(1) and move that all necessary citations be issued, ^ d. I am the public administrator appointed by the Court. 4. I am not disqualified pursuant to G.S. 28A-4-2 to administer the estate and have not renounced my right to do so. ~. 5. Following the execution of the wilt there were no children born to or adopted by the decedent, and the decedent did not thereafter marry or obtain a divorce. (If the facts are otherwise, state them on an attar_hment..J 6. After diligent inquiry, I have determined that the persons listed below are all the persons entitled to share in the decedent's estate. (If there is acourt-appointed guardian for any such person(s), list the guardian's name and address on an attachment.) NAME AGE RELATIONSHIP MAILING ADDRESS William E. Read and Mary Ann Read c/o Ann K. Weber, Trustee Revocable Trust Agreement dated 8-$-2000 ~ ~ ~ ~ 5434 Michael Ct, Pipersville PA 18947 AOC-E-201 , Rev. 5/98 Original -File Copy -Applicant Copy -Revenue ©1998 Administrative Office of the Courts (Preliminary Inventory On Reverse) PRELIMINARY INVENTORY (Give values as of date of decedent's death. Continue on separate attachment if necessary.) ,~e- e~ ~~~ .` .` • • • • G' 1... PART I. PROPERTY OF THE ESTATE _...~ ..._.._ . _..._._. _ _. _ . ._..... _ Accounts in sole name of decedent Gist bank, etc., each account no. and balance.) .. _ Est. Market Value Bank of America - 0005 7085 3200 :~ 6,000.00 Penta on Federal Credit Union 130524-02-08 10,783.00 Penta on Federal Credit Union 1595343-03-7 23,832.04 2. Joint accounts without right of survivorship Gist bank, etc., each account no., balance and 'aint owners.) % Owned By Owned By Owned By Owned By 3. Stocks and bands in sole name of decedent or jointly owned without ri ht of survivorshi 100.00 % owned By 150,000.00 4 p ................. . .............................. . g osited checks on hand Cash and unde . 5 ................................................................. p . . .. . .. . Household furnishings 10,000.00 . 6. ......................................................... .......... ...... .. .. .. . Farm products, livestock, equipment and tools ...................................................... 7. Vehicles ........................................................................................................... 10,000.00 8. Interest in partnership or sole proprietor businesses ............................................... 9. Insurance, Retirement Plan, I.R.A., etc., payable to Estate ...................................... 10. Notes, judgments, and other debts due decedent ..................... . ............................ . 11. Miscellaneous personal property .......................................................................... 100,000.00 12. Real estate willed to the Estate .............................................. 5,000.00 13. Estimated annual income of Estate ....................................................................... _ _ __.___._ . . ___.. _ ..._ ...._.. (Base bond on this amount, if applicable.) TOTAL PART I. PART II. PROPERTY WHICH CAN BE ADDED TO ESTATE IF NEEDED TO PAY C LAIMS ' ~' 1. Joint accounts with right of survivorship Gist bank, etc., each account no., balance & faint owners.) HSBC - 083-80110-7 -Mary Ann Read 11 5,950.00 Bank of Granite 100026664; 100030041; 103002472 -Mary Ann Read 181,450.00 Wachovia Bank 1055271380040 - Ma Ann Read 12,500.00 2. Stocks and bonds jointly owned with right of survivorship ....................................... 3. Other personal property recoverable (G.S. 28A-15-10) ............................................ 4. Real estate owned by decedent and not listed elsewhere ......................................... . TOTAL PART II. PART III. OTHER PROPERTY __ ., Entireties Real Estate owned by decedent and spouse Gist 1/2 value) ................................ ~ ~ 199,900.00 100,000.00 2. 3. 4. 5. Insurance, Retirement Pfan, I.R.A., accounts, etc., payable to named beneficiaries.......... There ~ is ^ is not a potential claim for wrongful death arising under G.s. 28A-~ 8.2...... There ^ are (~ are not transfers over which decedent retained any interest as described in N.C. Inheritance Tax Laws, G.S. 105-2(3) through 105-2(6) .................................... There ^ were ®were not gifts made 3 years or less before decedent's death ............. 100,000.00 TOTAL PART III. ~ 200, 000.00 Signature Of Ap lic"a"rat L/ `-' Signature Of Co-Applicant SWORN AND SUBSCRIBED TO BEFORE ME SWORN AND SUBSCRIBED TO BEFORE ME •~~ lo%C ~ ' ~~'i ' Date ignature Of h ized To Ad inister aths ® ~ l ~(. + Signature Of Person Authorized To Administer Oaths ...~ Date Oommis~ion Expires ~~~1G ~ " ~~ " ~.r ~~ ~ ^ Deputy CSC ^ Assistant CSC ^ CSC ® Notary ^ Deputy CSC ^ Assistant CSC ^ CSC ^ Notary Date Commission Expires SEAL %~ .~~~ •AOC-E-2,01, ~~Two, Rev. 5/98 •., 19~SA~i~i~frative Office of the Courts ~~~"~+ it ni ~a~~~~~, -- STATE OF NORTH CAROLINA File No. 09E209 !n The General Court Of Justice Superior Court Division BURKE COUnt Y Before the Clerk IN THE MATTER OF THE ESTATE OF: Name LETTERS WILLIAM E. READ TESTAMENTARY G.S. 28A-6-1; 28A-6-3; 28A-11-1; 36C-2-209 The Court in the exercise of its jurisdiction of the probate of wills and the administration of estates, and upon application of the fiduciary, has adjudged legally sufficient the qualification of the fiduciary named below and orders that Letters be issued in the above estate. The fiduciary is fully authorized by the laws of North Carolina to receive and administer all of the assets belonging to the estate, and these Letters are issued to attest to that authority and to certify that it is now in full force and effect. Witness my hand and the Seal of the Superior Court. c~ - .. _~ _ ~ ~_ ,.., . _~ -~, ; -- ~ ~ __ .f_ ~f ~~ ~ ~ L._..... .. ~ _ _ ,l ~ !? ..._ _ l~' w' ' wr. ....~ _ rr~ .~G.+... 1 ~~ Name And Address Of Fiduciary 1 Date Of Qualification ANN K. WEBER 04/02/2009 5434 MICHAEL CT . PIPERSVILLE, PA 18947 - Clerk Of Superior Court MABEL H. LOWr/IAN Title Of Fiduciary 1 EXECUTRIX EX OFFICIO JUDGE OF PROBATE Name And Address Of Fiduciary 2 Date Of Issuance i 1/09/2010 1 Signature -~ -}~.-- Title Of Fiduciary 2 © Deputy CSC ^ Assistant CSC ^ Clerk Of Superior Court SEAL NOTE: This letter is not a~a/ic! without the official seal of the Clerk of Superior Court. AOC-E-403, Rev. 7/06 © 2006 Administrative Office of the Courts