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HomeMy WebLinkAbout01-18-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of HARRY M a/k/a: a/k/a: a/k/a: 12/2/2010 at Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: D A. Probate and Grant of Letters Testamentary or ~ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters TESTAMENTARY under the last Will of the above-named Decedent, dated 6/1/2001 and codicil(s) dated 3/24/2004 & 11/05/2008 (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 instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated meson, and ~s not a-_ party to a pending divorce proceeding at the time of death wherein grounds for divorce had been e~ijished as~defin 23 Pa. C.S.A. § 3323(g): N/A ~~-`-' ~;,,, ..=c ~ ._... ~~ G t f L tters of Administration :^ , .;__ r -~ O B. ran o e _; (If applicable, enter d.b.n., pendent lite, durante absentia, durantMdiiialrl'f~te) -n-y -' i r a G ~~ ~ -. C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by t Iv ;:= ~'' 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~1d complet~.~}st ofi" heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(g), except as follows:- nt THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence At 18 RIDGE LANE NEWVILLE WEST PENNSBORO TOWNSHIP CUMBERLAND COUNTY PENNSYLVANIA 17241 (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 92 years of age, died Estimated value of decedent's property at death: If domiciled in PA If not domiciled in PA If not domiciled in PA Value of Real Estate in Pennsylvania Location of Real Estate in Pennsylvania: (Provide full address if possible.) Signatpure(s) %t.L'CaL oT .,~~~ ~GG.Csy (~ ~yiti Form RW-02 revised 12.26.10 by BROWN ~ Deceased ESTATE NO: 21- ~ ~ ' ~~l-~' (Month, Day, Year of death) SS NO: 282-18-7446 GREEN RIDGE VILLAGE, NEWVILLE, PA (City and State where death occurred) All personal property Personal property in Pennsylvania Personal property in County Total Estimated Value $ 935,000.00 $ 935,000.00 Name(s) & Mailing Address(es) MARCIA L. BROWN, 984 ]OOS AVE., COLUMBUS OH 43229 REBECCA J BEARDMORE 511 W NORTH ST, CARLISLE, PA 17013 County pending action by the Court Page I of 2 OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania ~ SS County of Cumberland The Petitioner(s) herein named swear or affirm 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. me this DECREE OF PROBATE AND GRANT OF LETTERS Estate of HARRY M. BROWN ,Deceased File Number: 21- ~,- ~~~ - _:. -, ,- _ ,,,.._,, i. J f' ~'1`~ ~~ AND NOW, this ~~ay of ~ I ( , in consideration of the Petition on the reverse side hereon, satisfactory pro having bee resented before me, IT IS DECREED that Letters x Testamentary of Administration are hereby granted to: (If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) MARCIA L. BROWN AND REBECCA J. BEARDMORE in the above estate and that instruments(s) dated 6/i/2oo 1 3 / 24 / 04 11 / 5 / 08 described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. ( ~~~~ Glenda Farner Strasbaugh~Qy) Register of Wills ~ '" ` FEES: Letters ....................$ 660.00 Will ....................... 15.00 Codicil(s) ................. 30.00 (i )Short Certificates 4.00 ( )Renunciations....... Bond ............................ Other ............................ 6 Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL ................$ 737.50 Signature of Counsel Required to Enter Appearance Atty's Signature '~ . ~^~-- PRINTED Name: ROGER B. IRWIN Supreme Court ID No.: 6282 Address: 60 WEST POMFRET STREET CARLISLE, PA 17013 Phone: (717) 249-2353 Fax: (717) 249-6354 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 For the Register '`" "' 105.805 REV ~O1107) LOCAL REGISTRAR'S CERTIFICATI~ONoOF tDEATH WARNING: It is illegal tQ duplicate this copy by ph gee for this certificate, $6.00 P 16855673 Certification Number This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. L~axve. ~~e~*c~-~.~`~'~ (IBC 4 / 2x10 Local Registrar Date Issued h ~ ~ ~,; ~~ C~ . . ~C7 ~, Y"t r C~ ~ `- +~ N _ f""' r..> L~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • YRAL RECORDS +~~ 1 ~20~,06 CERTIFICATE OF DEATH (See InstrYYCtlens arrd examples on reverse) STATE P2E R a.ACK rat 9.9oc1Y SemYy tAm6er ~. ° I 1.IWrdOaedrelr'+r.midde.ler.euk) Harry r~'ale 282 - 18- 7446 M, Brown _ _ ~ a Prr d pab IChed aYy o,+) 92 res. m. tweet a o.rn i Cumberland Pr a. ao~v an '~ + """' 0.May •29 r 1918 Fay PA a County °+ ^ER1o ^oa rsNuebY~"• ^`~"° ^ahr•SO.alr~ 9. Wae CMade1 d rlYprdo ~~ No ^ Wa 10. Rrr: Anwlrn boon ark WIYIe, eb 9d Ped1M Nrr (Y nd YeaNon, Yh+aY.r awl nmbwr Cree4 l~ed~ Ba CNY. Ela0. D ' / g ~j~1 Puwb Ntr4 rc) West Penn bOrO /TYO ~.l1 A.l /~ Q~ 111'I ti./ _ .. .~~d.._.,....W u...rmd.a 19.9wvNtq spart•lM ~•id"•^~"arr) Chemist 1 t.uvuri.....+ --sr - 16 Derdrte YYip Aodew (~• aY / bw4 rr, dV node) 18 Ridge Lane Newviller PA 17241 fa~'"'"e~`r'iNdOY'`r''~ James W. 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OF C ~ ~_ -n ~x~~ ,~ ~ , : ~~ HARRY M. BROWN ~- n =Y- ~,- ;t, , ~ `~ ~ Harry M. Brown, now a resident of Montgomery County, Ohio, declare this ~i~e m~ I ~ ~, < , last Will, hereby revoking all prior Wills and Codicils made by me. ` '`~ " =-~ =' Y y'- SECTION 1 -~s DISPOSITIVE PROVISIONS 1.1 I bequeath all of my tangible personal property, including without limitation my jewelry, personal effects, household goods and automobiles, to my spouse, Ruth J. Brown, if she survives me. If my spouse does not survive me, I bequeath my tangible personal property to my children who survive me, to be divided between them in such manner as they may agree. My Executor's decision as to the items that constitute my tangible personal property and the value of such property shall be conclusive. My Executor shall sell any items of tangible personal property which are unwanted or impractical to distribute and the sale proceeds shall be distributed as part of my tangible personal property. 1.2 I devise to my spouse, Ruth J. Brown, if she survives me, my interest in real estate which at the time of my death she and I are using or holding for use as our principal residence, including all real estate appurtenant to such residential real estate. 1.3 I devise and bequeath the residue of my estate, including any property not effectively devised or bequeathed under Section 1.1, to the Trustee then serving under a certain Agreement of Trust dated May 9, 1989, with respect to which I am presently serving as both Grantor and Trustee, to be added to the trust estate and held and distributed in accordance with the terms of such Agreement of Trust, as amended and restated by an instrument dated o~c~ k~ / , 2001, signed by me before signing this Will, and as it may from time to time be further amended prior to my death. The Trustee shall not be subject to the control of the court having jurisdiction of my estate in administering any trust created under such Agreement of Trust. In the event the Agreement of Trust is determined to be invalid for any reason, I hereby incorporate by reference such document into and make it part of my Will as the Agreement of Trust exists at the time of signing my Will, and I direct that the residue of my estate be held and distributed in accordance with the provisions of said Agreement of Trust. 1.4 My Executor shall have the power and discretion to make the election to qualify for the marital deduction for Federal and state estate tax purposes all or any part of the property FROST BROWN TODD LLC ATTORt-EYS AT LAW 2200 PNC CENTER 201 [ASS FIFTH STREET CMCINNATI, ON 43202-~ 182 allocated to any trust which maybe established for my spouse's benefit at the time of my death under which I have given her a qualifying income interest for life, as permitted by Section 2056(b)(7)(B)(v) of the Internal Revenue Code, or such other similar provision of the Internal Revenue Code which maybe in effect at the time of my death, and under any applicable state statute. If my Executor shall act in good faith, I hereby relieve my Executor from liability to any beneficiary for making or not making the election, or making a partial election, even though as a result thereof my estate may pay more Federal or state estate taxes. 1.5 My Executor shall have the sole and absolute discretion to allocate any amount of my unused $1,060,000 GST exemption pursuant to Sections 2631 and 2632 of the Internal Revenue Code of 1986 as they now exist or may hereafter be amended. In making such allocation my Executor shall consider the tax benefits to my estate and all of my beneficiaries of either my estate or my Trust, or the issue of such beneficiaries, but shall not be concerned with the fact that making this allocation could potentially benefit one beneficiary to the detriment of another. My Executor shall not be liable to any beneficiary of my estate or my Trust for any decision made with respect to such allocation. SECTION 2 DESIGNATION OF FIDUCIARIES 2.1 I name as Executor of my estate my spouse, Ruth J. Brown, and if for any reason she cannot or will not serve or continue to serve, I name Bank One Trust Company, Dayton, Ohio, or any corporation that may succeed to its trust business. No bond shall be required of any Executor named hereunder. 2.2 If ancillary proceedings become necessary, I name my domiciliary Executor as my personal representative in the proceedings. If for any reason my domiciliary Executor cannot serve, my domiciliary Executor shall select a person, firm or corporation capable of acting as my ancillary personal representative. I give my ancillary personal representative the same powers and authorities that I have given my domiciliary Executor. No bond shall be required of my ancillary personal representative. SECTION 3 PAYMENT OF DEBTS, EXPENSES AND TAXES 3.1 I direct my Executor to pay all my debts, expenses of my last illness, burial expenses and expenses of administering my estate. My Executor may demand funds for the payment of FROST BROWN TODD LLC 2. ATTORNEYS AT LAW 2200 PNC CENTER 201 EAST FIFTH STREET CINCINNATI.OH 1520:x182 such amounts, and for cash bequests, from the Trustee of the Agreement of Trust referred to in Section 1.3. 3.2 I direct my Executor to pay all estate, inheritance or similar taxes due by reason of my death whether attributable to probate or non-probate property. Such taxes shall be paid from the residue of my estate or from funds paid to my Executor for such purpose or from funds which my Executor may demand, in my Executor's discretion, from the Trustee of the Agreement of Trust referred to in Section 1.3. My Executor shall not seek to recover any such taxes attributable to qualified terminable interest property ("QTIP") to which my spouse's generation-skipping tax exemption shall have been allocated. With respect to any other QTIP from which such taxes are not payable according to the express terms of the trust or other arrangement, my Executor shall recover any such taxes which my Executor may have a right to recover. My Executor shall have no duty to recover any such taxes from any other source. 3.3 Nothing contained in this Section 3 shall have the effect of altering any provisions relating to the apportionment of taxes which maybe contained in the Agreement of Trust referred to in Section 1.3. SECTION 4 GENERAL PROVISIONS 4.1 I authorize my Executor to do all things necessary or desirable to administer my estate and, by way of illustration and not in limitation of my Executor's powers, to do any and all of the following without order of court: 4.1.1 To collect, pay and compromise debts and claims in favor of or against my estate. 4.1.2 To borrow money (including authority for a corporate Executor to borrow from itself in its non-fiduciary capacity); and to renew any existing loans and to give security therefor. 4.1.3 To sell real and personal property, publicly or privately; to lease real and personal property for any term; to mortgage real property; to pledge personal property; and to execute and deliver instruments to effectuate such powers. 4.1.4 To retain for such time as my Executor deems reasonable property constituting my estate at the time of my death (including securities issued by a corporate Executor or its affiliate), regardless of whether such property is authorized by law for investment by fiduciaries; and to invest and reinvest the proceeds of the sale of such property, and cash, in whatever property my Executor deems reasonable FROS?BROWN TODD LLC 3. ATTORNEYS AT LAW 2200 PNC CENTER 201 EAST FIFTH STREET CMCINNATI, OH 1520:-7182 (including participation in any common trust fund established by a corporate Executor for collective investment of fiduciary funds), whether or not the investment is authorized by law for investment by fiduciaries, except that any investment in securities issued by a corporate Executor or its affiliate shall only be made upon order of the court having jurisdiction of my estate, or otherwise as permitted by law. 4.1.5 To exercise and not exercise, as my Executor deems reasonable, rights of ownership incident to securities held, including rights to vote, give proxies and execute consents. 4.1.6 To hold property in the name of a nominee. 4.1.7 To make distribution in cash or in kind, or partly in each. 4.1.8 To employ legal counsel, investment counsel, appraisers and other agents, such as agents for the collection of rentals or the management or sale of any assets held, and to pay such compensation and expenses in connection therewith as my Executor deems reasonable under the circumstances. 4.1.9 To disclaim, in whole or in part, any interest I or my estate may have to any property. 4.2 If a distribution is to be made to a beneficiary who is incapacitated or incompetent, my Executor may make distribution to such beneficiary, despite his or her incompetency, to the guardian or guardians of his or her person or estate, to a custodian for such beneficiary designated by my Executor, or to any person, corporation or institution for the benefit of such beneficiary, as my Executor deems reasonable. The receipt of any such payee shall be a complete discharge and release of my Executor. 4.3 In allocating any credit or charge to principal or income my Executor shall have the power, exercisable as a fiduciary in good faith: to determine whether assets received shall be treated as principal or income, provided that distributions of capital gains by regulated investment companies, capital gains on the sale of assets and stock dividends in stock of the declaring corporation shall be allocated to principal; to charge or apportion expenses or losses to principal or income; to establish and maintain reasonable reserves for depreciation, depletion, amortization and obsolescence; and to amortize or not to amortize both premiums and discounts on investments. I relieve my Executor of the duty of compliance with the provisions of Sections 2109.66 through 2109.68 of the Ohio Revised Code and of Chapter 1340 of the Ohio Revised Code, as such provisions may from time to time be amended, but I authorize my Executor to treat such provisions of the Ohio Revised Code as advisory in exercising the discretionary authority granted herein. FROST BROWN TODD LLC 4, ATTORNEYS AT LAW 2200 PNC CENTEk 201 EAST FIFTH STREET CINCINNATI, OH 4520-182 4.4 My Executor may join with my spouse (or my spouse's personal representative) in filing any joint tax returns permitted by law. My Executor and my spouse (or my spouse's personal representative) may share in the payment of any tax and in any benefit obtained from filing the joint return in such manner as my Executor and my spouse (or my spouse's personal representative) may agree. 4.5 Any payments made by my Executor which are allowable either as estate or income tax deductions maybe taken as estate tax deductions or as income tax deductions, or partly as each, as my Executor deems reasonable under the circumstances. I authorize my Executor to allocate any benefit thereby obtained in such manner as my Executor deems reasonable, without any liability to any person for so doing. 4.6 If any beneficiary survives me but shall disclaim all or any portion of any bequest(s) created by this Will, such disclaimed property shall pass according to the terms of this Will, as if such beneficiary had predeceased me. 4.7 The words "child" or "children," when used in this Will, shall mean lineal descendants of the first degree only, including an adopted person or persons. At the time of execution of this Will, I have two living children, whose names are Marcia Lynn Brown and Rebecca Jean Beardmore. IN WITNESS WHEREOF, I have signed this my last Will on G~'7t ~. , 2001. ~' ~`" Harry M. Bro The foregoing Will of Harry M. Brown was signed and acknowledged by him as his last Will in our presence, who, in his presence and in the presence of each other and at his request, have hereunto signed our names as witnesses. (,J ~~~.~ ~~~ ~~ I ~~~~~~ ~~/ ADDRESS o~yy ~r~l. ~'.T~ <.~i r~,~,~,/~, ~/~ ~!Sc~Y'~ CINlibrary/1002180.1 FROST BROWN TODD LLC ATTORNEYS AT LAW 2200 PNC CENTER 201 EASI FIPI'N STREET CINCINNATI.OH 45202.x182 5. OATH OF NON-SUBSCRIBING WITNESS(ES) GIS ER OF WILLS OUNTY, PENNSYLVANIA Estate of Deceased ~L~'Cl L • BRoldi~ and ~B~ ~ ~Rown~ , (each) being duly qua/liJfied according to law, depose(s) and say(s) that she / he /they was /were well- acquainted with /~/~R,~~/ M ~QOLJ~ and am/are familiar with the handwriting and signature of the decedent, and that the signature of ~.~~Q.~.jj~11 ~ ~3Rau~.J to the foregoing instrument purporting to be the fast Will and Testanient(Codicil of f1i4~2~~~tSl is in his/her own proper handwriting. (Signature) `~S~ ~s ~vP (Street Address) (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this ~.~ ~~ ~ day of , X11-• ~~a ~.n~ no ~ ~.~~avv Deputy for Register of ~ s (Signature) a.~`/~ yam- Y?~~ 1 ~t . (Street A dress) (City, State, Zip) /^~ L l C~ r T mom... ~ `^ ~ i__ r J ~~ ;~ -- ~= ~J , - -? ~~ ~ ~ ryy W f.-~ J `..~ J...rt ;. -~- _ ~~~ ~ 3 _ ~- ~ ~ n, ~: `~ Forst RW-04 rev. !0.13.06 FIRST CODICIL TO WILL ~. OF tiA ~ _- ~ HARRY M. BROWN ~ o c--- ,~ .. ~-' ;-- _ t ._L ~~~ Ohio, declare this toy Firsdx~ resident of Montgomery County ':} ,7 , I, Harry M. Brown, now a _ L _ J Codicil to my Will dated June 1, 2001. -~' ~~~ ~' ' ' -LL; 1 reads it s~ntiret~`.' t as amended Section 2 th Will `„ . a so I hereby amend Section 2.1 of my as follows: `~" 2.1 I name as Executor of my estate my spouse, Ruth J. Brown, and if for any reason she cannot or will not serve or continue to serve, I name PNC Bank, National Association, or any corporation that may succeed to its trust business. No bond shall be required of any Executor named hereunder. In all other respects I hereby ratify and confirm my Will as originally written. ~T WITNESS WHEREOF, I have signed this First Codicil to my Will on i/ .d~ Harry M. Brown The foregoing First Codicil to the Will of Harry M. Brown was signed and acknowledged by him as the First Codicil to his Will in our presence, who, in his presence and in the presence of each other and at his request, have hereunto signed our names as witnesses. ~l ADDRESS CinLibrary/1375694.1 FROST BROWN TODD LLC ATTORNEYS AT LAW 2200 PNC CENTER 201 EAST FIFTH STREET CINCINNATI, OH 45202-=1132 OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS Estate of COUNTY, PENNSYLVANIA Deceased _~~a~-~-J ~ ~-~-"~~ and (each) being duly qualified according to law, depose(s) and say(s) that she / e / hey was /were well- acquainted with ~.~ ~ and am/are familiar with the handwriting and signature of the decedent, and that the signature of ~.~-~e~ to the foregoing instrument purporting to be the Last Will and Testament/Co~ dicil of - ~_~,~ , _, ~ is i is own proper handwriting. -~ (Signature) 9(~'~~os ~ye (Street Address) ~olu.~.Gu s~f~ ~3z2~ (City, State, Zip) Executed in Register's Office (Signature) ~i~ ~~ ~ ~~ (Street Address) (City, State, Zip) ~ Sworn to or affirmed and subscribed n ~~-` ~ day before me this ~ -, ~ ~ ; _ , - ~ ~ r , ,~~ 1- •- ~; ,- ,, of ~• ..~ ~ -- ~~ , .•~ ~ - ~ J Deputy for Register of ills ~ r.~ ~" -r, Form RW-04 rev. lOJ3.06 SECOND CODICIL TO THE LAST WILL AND TESTAMENT OF HARRY M. BROWN I, HARRY M. BROWN, now a resident of Cumberland County, Pennsylvania, declare this to be the Second Codicil to my Last Will and Testament dated June 1, 2001. I hereby amend Section 2.1 of my Last Will and Testament so that as amended Section 2.1 reads in its entirety as follows: 2.1 I name as Executrices of my estate my daughters, MARCIA L. BROWN and REBECCA J. BEARDMORE, and if for any reason they cannot or will not serve or continue to serve, I name my grandson, AARON BEARDMORE as substitute Executor. No bond shall be required of any Executrices or substitute Executor named hereunder. In all other respects I hereby ratify and confirm my Last Will and Testament as originally written. IN WITNESS WHEREOF, I have hereunto set my hand and seal this S~ November, 2008. ~c HARR M. BROWN The preceding instrument, consisting of this one typewritten page, was on the day and date thereof signed, sealed, published and declared by the person thereof named, as and for his Second Codicil to said Testator's Last Will and Testament, in the presence of us, who at his request, in his presence and in the presence of each other have subscribed our names as witnesses hereto. ~.. rJ v7 ~;~ ' -z ~ t.~,.i n_ r ~ _ 1-- ` ~ ... t %3.. U ~ ~ -~ 1_L_1 L - ` ~ ~ ~ ^w r .l `+~- [r.. J ~~ ~ _.~ p CL ~ ACKNOWLEDGMENT AND AFFIDAVIT WE, HARRY M. BROWN, CHERYL L. CLELAND and MARTHA L. NOEL, the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as a Second Codicil to his Last Will and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Second Codicil as a witness and that to the best of their knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. M. BROWN CLELAND MARTHA L:NOEL COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by HARRY M. BROWN, the testator herein, and subscribed and sworn to before me by CHERYL L. CLELAND and MARTHA L. NOEL, witnesses, this ~' day of November, 2008. ~,~ Notary Pub 'c TN F PENNSY~?~ COM da- Sea- I fioge~ g• ~^~ ~rd1r CatNde eoro._ ewdras Ott 3,2012