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 ~~-`-' ~;,,,
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G t f L tters of Administration
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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-
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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.
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Local Registrar Date Issued
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WILL
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HARRY M. BROWN ~- n =Y-
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Harry M. Brown, now a resident of Montgomery County, Ohio, declare this ~i~e m~
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last Will, hereby revoking all prior Wills and Codicils made by me.
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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
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2200 PNC CENTER
201 [ASS FIFTH STREET
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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.
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2200 PNC CENTER
201 EAST FIFTH STREET
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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
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(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.
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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.
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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)
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Forst RW-04 rev. !0.13.06
FIRST CODICIL TO WILL
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HARRY M. BROWN ~ o c---
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Ohio, declare this toy Firsdx~
resident of Montgomery County ':} ,7
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I, Harry M. Brown, now a _
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Codicil to my Will dated June 1, 2001. -~' ~~~ ~' ' ' -LL;
1 reads it s~ntiret~`.'
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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 ~ -, ~ ~ ; _ ,
-
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1-
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of
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Deputy for Register of ills ~
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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.
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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-
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CatNde eoro._ ewdras Ott 3,2012