HomeMy WebLinkAbout12-16-10PETITIO~t FOR P~RO~ATE AND GRAFT OF LETT'~~RS
REGISTER OF WILLS OF
Estate of c,~ c~ ~ 1`~ (~~ ~ ~~{ ~ ~f (y~,
also known as JC'~I1 rti (~a~, ~ ~ G IVL ~1~(~ ~~ r lU
,Deceased
COL`I~rTY, PENNSYL"VANIa
File Number ~ ~ ~
Social Security Number , ~ f l ~~~~ ~P~~~~
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(-CO~LIPLETE 'A' or 'B' BELOW:)
U A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the L,• K ~' c~ fc rs named in the
last Will of the Decedent dated S C"~ rl ~5 ~ ~OG:3 and codicil(s) dated _
(State relevant circu,nstances, e.g., renzmciation, death of execzrtor, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the unsttument(s) offered
fo-- probate, was not the victim of a killing acid was never adjudicated an incapacitated person:
^ B. Grant of Letters of Administration
(Ijapplicable, ente,:• c. t. a.; d. b. n. c. t. a.; pendente lire,, durante absentia; durance mino,•itate)
t~
Petitioner(s) after a proper search has / ha °rtained that Decedent left no Wilt and was survived by the following sp tt e (if any) and~irs: (If __
Administration, c. t. a. ord.b.n.c.t.a., enter date of ;~i'il! in Section A above and complete list oJheirs.) ~ ~ ~~ :y
Name Relationshi Resid -'~' `_~_-a`. t"=` ~ ~- -• -
~_. _
(CO~YIPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ ~~y, ~=°'~ t,:_3
/ V R •- f
Decedent was domiciled at death in '`.~!,~(t'1 ~ r IC'{ ~ ~~ County, Pennsy v4ania with his /her last principal residence at
(List street address, tow„fcity, township, county, state, zip code)
Decedent, then- ~,~ Years of age, died on .~ 13 ~Ivat ~q,~-~~.~~,t_:~~ ~E~~1C~~r~1 ~~7/G~,1 C~' l~P~~"tf~tc;~~ttr~'
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $~~ ~- r ~~.~`t• ~v
(If riot domiciled in PA) Personal property in Pennsylvania $__
(If not domiciled in PA) Personal property in County $,
Value of real estate in Pennsylvania $~!~C~, Qt?t`} , (? n~
situated as follows:_ ~ I ~ ~? . ,'~ / ~E'h ~(~r,e Je (1 tC.'C f'~C.'t J't i c:S~ i..t ~zF f ~ ~~7L`11;~r,'_
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 form to
the undersigned:
Signature Ty ed or printed name and residence ~
,~.
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Fa-ucRW-t73 re~~. Jo.r3.o6 Page 1 oft
Oath of Personal Representative
CO(/I~IONWEALTH OF PEN~iSYLVANIA :
SS
COUNTY OF :
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are tine a.nd con-ect 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 ai~~ubscribed
befor ne the ~ ~ day of
~~~ ~' f
r~
,f For the Register
~Yr
Si~~CU•a'~'Personal Representative,
Signature ojPersonal Representative
Si~nattu'e of Personal Representative
File Number:~~ ~ _ ~~~
Estate of T~~/~ ~~ /" I ~l~ ~~ ~ ,Deceased
Social Security Number: ~t~~ ~ ~~ ~ (~ / ~~ Date of Death: ~
AND NOW, ~~f' ~ ~'/~~ ~~ 1(.~' ~~ ~ 1 consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED1that Letters Q 17`1 z' h ~ ~ r
are hereby granted to n !~ L ! n ~'~ d ~ t' i"~Gl k. ~~ 7
in the above estate
and that the instrument(s) dated ~/dS~D_~
described in the Petition be admitted to probate and filed of
FEES
Letters ............ r $
Short Certificate(s) ....~~.. $ ~ ~'1~
nunciation(s) .......... $
~~ ... $ X3.5
... $
... $
... $
... $
... $
... $
TOTAL .............. $
Fa•m RYV-U' rev. 10.13 U~
Attorney Signature:
Attot7iey Name: -Y; =•t~
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Supreme Court LD. No.: -~~ ~~ ~ "' ~'" '
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Address: o
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Telephone:
Page 2 of 2
LAST WILL AND TESTAMENT
(Pour-Over Will)
OF
JOHN WILLIAM MARTIN
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IDENTITY -r-, ~ ~
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I, JOHN WILLIAM MARTIN, residing in the County of Cumberland, Commonwealth of
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 191-26-
6943.
I have the following children: John C. Martin, born January 13, 1955 and currently residing in
Elliotsburg, PA; and Debra K. Flachsmann, born December 8, 1956 and currently residing in Carlisle,
PA.
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 JOHN WILLIAM MARTIN
REVOCABLE LIVING TRUST executed on even date herewith (the "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 reimlbursement. 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."
. ~ ~~~~
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 acquired 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.
POUR-OVER WILL
Page 1
~~
~, Testator
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 thf: 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, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to
the period beginning 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 John C. Martin and Debra K. Flachsmann to serve without bond
as my Joint Executors.
In the event that one of the Joint Executors shall predecease me, or is unable or unvrilling to act as
my Executor for any reason whatsoever, then and in the event I hereby nominate acid appoint the
remaining Joint Executor 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 specifically 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 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 rrianagement 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 Beneficiar;~ or group of
Beneficiaries over others. 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
• POUR-OVER WILL
Page 2
Testator
~~
allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as
Federal Income Tax deductions.
•
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 acid its Estate.
SIMULTANEOUS DEATH
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.
J HN ILLIAM MARTIN
stator
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 precedipg pages. This instrument is being signed by me on this ~~~ day of
• • ~'J~
POUR-OVER WILL
Page 3
ATTESTATION CLAUSE
•
The Testator whose name appears above declared to us, the undersigned, that the foregoing
instrument was his/her Last Will and Testament, and he or she requested us to act as witnesses to such
instrument and to his/her signature thereon. The Testator thereupon signed such instrument in our
presence. At 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 believe 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:
i''~~ ,y
ADDRESSES:
(Printed Name of Witness)
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City, State, Zip
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(Printed Name of Witness) City, State, Zip
POUR-OVER WILL
Page 4 ~ ~ ~),,~
'Ut-~-
~ Testator
COMMONWEALTH OF PENNSYLVANIA
• COUNTY OF CUMBERLAND
SELF-PROVING CLAUSE
BEFORE ME, the undersigned authority, on this day personally appeared JOHN- WILLIAM
MARTIN, ~~~~ ~~,~~. and % ~~ ~ -,~-- ,
known to me to be the Testator and the witnesses, respectively, whose names are ubscribed to the
foregoing instrument in their respective capacities, and all of them being by me duly sworn, JOHN
WILLIAM MARTIN, Testator, declared to me and to the witnesses, in my presence, that the instrument is
his/her Will and that he or she had willingly made and executed it as his/her 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 or
she 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 or she did the same as a witness in the presence of the Testator, and at his
request and that he or she 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.
~pHN WILLIAM MARTIN
estator
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Witne
(Printed Name of Witness}
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Witness
(Printed Name of Witness)
SUBSCRIBED AND ACKNOWLEDGED before me by JOHN WILLIAM MARTIN, Testator,
and subscribed and sworn to before me by ~' ~ '' .~~~ _ and
/_f~~er" /`%', ~~,~~'s-~ witnesses, this the ~~ 'C day of
)4~, , ~~~
Notary P`[f61ic~Gmmo~iw~Cth/6f Pennsylvania
Notarial Seal
Larry J. Singleton, Notary Public
City of Arnold, Westmoreland County
My Commission Expires July 25, 2005
• Member, Pennsylvania Association of Notaries
POUR-OVER WILL
Page 5