HomeMy WebLinkAbout02-03-11PETITION FOR PROBATE AND GRANT OF LETTER:S
REGISTF,R OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
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Estate of` FRANK E. MASLAND III File Number 2l ~ ~/ ~ ~' ~ ~~~~_
also known as
,Deceased Social Security Number
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 1 are the E;~ecutor _,_ narr,~ed in the
last Will of the Decedent dated 9/9/04 and codicil(s) dated 9/12/06 __
Jon L. Masland & Martson Deardorff Williams & Otto have renounced their right to serve _~
(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 instrument(s) offered
for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the tiime
of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (gy:
Not applicable __
^ B. Grant of Letters of Administration
(If applicable, enter: c. J. a.; d. b. n. c. t. a.; pendente lire; dirrante absentia; durance mirroritate)
Petitioner(s) after a proper search has I have ascertained that Decedent leis no Will and was survived by the following sp ~e (if ,anyj ante~~'l~eirs: (/f
Administration. c. 1. a. oi- d.b.~r.c.t.a.. enter date of Will in Section ~ above and complete list of heirs.) - ~_ -~~ ___ ,~~~
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his i her last principal residence at
1 Lon~sdorf Way Carlisle PA 17015 So. Middleton Twp. _`
(List street address, tome/crt}~. ~oivnship, county, state, yip code)
Decedent, then 89 years of age. died on 1/2211 1 at Cumberland Crossings __
1 Lon~sdorf Way Carlisle ___ PA 1701_i
Decedent at death owned property with estimated values as follows:
(If domiciled in PA} All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in YA) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
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$ __^
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Cod-cil(s) presented with this Petition and the grant of Letters ii~~ the appropriate form to
the undersigned:
Signature Typed or printed name and residence _ _
?
'`~~ ~ ~ ~~ ~ ~~ . ~ ~~~~ Frank E. Masland, IV 195 Heisers Lane
Carlisle __PA 17015
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Page 1 of 2
Form RW-(J2 rev. 1 x.13.06
(COMPLETE INALL CASES.'} Attach additional sheets if necessary.
Oath of Personal Representa~:ive
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and cc-rrect 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 Iaw.
Sworn to or aftit~rned and subscribed
before tne~trle ~ day of
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File Number: 21 r-- ~ ~ ~• ~~ 7 7~ _ ~ -
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Estate of FRANK E. MASLAND III , Dee~'ased `=`'~ C~
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Social Security Number: 193-24-2119 Date of Death: 1i'?2/11 __....
AND NOW, '~ ~~ `~~ , 2011 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary __~
are hereby granted to Frank E. Masland IV ___
_____ in they above estate
and that the instrument(s) dated 9/9/04 & 9/12/06 _ _~~
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of k7ecedcrt.
Letters ...........................
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Short Certificate(s) .....~~~~
I~nunciatio (s) ~~~.~~~~.~~~
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TOTAL
Form RW-0? rev. 111.13.06
Signature f Personal Representative Frank E. land, IV
Signature of Persona! Representative
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,.Register of Wills ~ °,~,~;'"~ ~ , ~~( °" ti~l~'~~=,~ t°~.
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Attorney Signature: _~~ ~~ __~
Attorney Name: No V. Otto III
Supreme Court I.D. No.: 27763 ___
Address: 10 E High St __^
Carlisle,
PA _r 17013
Telephone: 71'.1-243-3341 ___
Page 2 of 2
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RENUNCIATION- ~~ `~~~ ~ ~'
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REGISTER OF WILLS ~~
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CUMBERLAND COUNTY, PENNSYLVANIA _~ <<.rr • .~ -~
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Estate of FRANK E. MASLAND III ____ , Deceased
I, JON L. MASLAND , in my capacity/relationship as
~'Prin~ Name)
soN of the above Decedent, hereby renounc:e the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
FRANK E. MASLAND IV
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(Date)
Executed in Register's Offiee
Sworn to or affirmed and subscribed.
before me this day
of ,
Deputy for Register of V4'ills
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(Signature)
X04 Las Trampas Road __ _
(Street Address)
Layfette CA 94549
(City, State, lip) --~
Executed out ~~f Register's Offcce
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunc,~atic-ny for the
purposes stated within on this ~--.~ day
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Notary Public
My Commission Expires:
(Signature and Seal of Notary or other o~eial qualified to
administer oaths. Show date of expiration of Notar~~'s Commission.)
CONi~+~~NWF.Af-TH OF P~YL~Y_ANIA
NOTARIAI. Ste.
Victoria I/. Otto, Notary ~bl'uc
(<~rm Rw-o6 re~~. X0.13.06 Carlisle Boro, Cumberland t~ai:~~;t;y
1~7~ commission expires December ?91~?1)14
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
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Estate of FRANK E. MAS_LAND, III ___~, Deceased
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I, Martson Deardorff Williams & Otto n/k/a Martson Law Offices , in~y capacity/relationship as
(Print A'ame)
co-Executor of the above Decedent, hereby renounce the right to
administer the Estate of t:he Decedent and respectfully request that Letters be issued to
FRANK E. MASLAND IV
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(Date
Executed in Register's (~ffiee
Sworn to or affirmed and subscribed
before me this .~ day
of .
MA SOTrI, T~,.W OFFICES
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(Signature)
10 East High Street __~ _
(Street Address)
Carlisle F'A 17013 _
(City, State. Zip)
Executed out of Register's Office
Before the undersigned personally appeared the
party executin~~g this renunciation and certified
that he or she executed the renunciat~c-n for the
of rpo ~ stated within on this ~ ~^ day
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Deputy for Register of Wills
Form RW-(16 rev. 10.13.06
Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official quahtied to
administer oaths. Show date of expiration of Notar~~'s Cormnission.)
colv~oxwF.~,Tx cx~ P~snvar~tA
N~I'ARIAL SEAL
Victcxia L Otto, Notary Public
Carliaic Hav, Cumb~dend County
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G FILF.SL~ATAFILFEstat~_ Planning?O~d-~ h will'004
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LAST WILL AND TESTAMENT ~ J ~'` ~ _~
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I, FRANK E. MASLAND III, of South Middleton Township, Cumber~a~r~i C'ou~~ty, ~ ~.~ -X=
Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and ~'
declare this to be my Last Will and Testament, hereby revoking any and all for7rler Wills or
Codicils made by me.
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I direct that all my legally enforceable debts, funeral expenses, testamentar}~ e~;penses and
all death taxes (whether such taxes may be payable by my estate or by any recipient of any property)
shall be paid from my residuary estate as soon as practicable after my decease and as part of the
administration of my estate. My Executors shall have no duty or obligation to obtain reimbursement
for any such tax so paid, even though on proceeds of insurance or other property not: passim; under
this will.
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A. I give devise and bequeath all the rest, residue and remainder of my estate in three
equal shares in the following manner:
l . One such share to my son, FRANK E. MASLAND IV;
2. One such share to my son, JON L. MASLAND; and
~_. Une such share, to be divided equally, to my grandchildren. NICHOLAS
MARY [N ANDERSON and INGRID ANDERSON CLARK.
B. Except as hereinafter provided in Paragraph, D, of this ITEM TWO for my
granddaughter, TRAC: Y MAKIE MASLAND, in .the event any of the beneficiaries named in
ITEM TWO, A, shall predecease me or fail to survive me by thirty (, 30) days, and shall be
survived by issue, then his or her share shall be held for his or her issue, per stirpes, by my
Trustees, in trust, for the following purposes:
1. I direct that my Trustees shall hold, rove>t and reinvest the same, collect
the income arising therefrom, and after paying all expenses incident to the management
of the trust, to use and apply as much of the income and principal as may bey necessary
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Page 1 of 7 Pages
in the sole discretion of my Trustees, in equal shares, for the support, well-being and
education of the issue of such beneficiary.
2. I direct that the beneficiaries of the trust shall have the right of withdrawal
of the principal and any accumulated income of his or her share as each shall attain the
age of forty (40) years.
:3. Prior to the distribution of the principal, my said Trustees shall have the
sole discretion to invade the principal of said trust for the support, maintenance and
education of such grandchild or great-grandchild, regardless of age.
4. To the extent that the same is permitted bylaw, none of the beneficiaries
hereunder shall have any power to dispose of or to charge by way of anticipation any
interest given to such beneficiary; and all sums payable to such beneficiaries hereunder
shall ~be free and clear of the debts, contracts, alienations and anticipations of the
beneficiaries, and all liabilities for levies and attachment and proceedings of ~~-hatsoever
kind, at law or in equity.
C. The share of any of the beneficiaries named in ITEM TWO, A, whc- predecease
me or fail to survive me by thirty (30) days who shall. not be survived by issue shall be
distributed equally to the remaining beneficiaries named in ITEM TWO, A, pursuant: to the terms
of this ITEM TWO.
D. The share set aside for my granddaughter, TRACY MARIE MASL,~ND, if any,
shall be paid over to a certain Trust known as the MASLAND 1995 TRUST dated September 19,
1995, for the benefit of TRACY MARIE MASLAND.
ITEM THREE
POWERS OF EXECUTORS AND TRUSTEES
In addition. to the powers conferred by case law, by statute, and by other provisions
hereof, my Executors and Trustees and their successors, shall have the following discretionary
powers applicable to all property held by them which powers shall be effective without order of
any court and shall exist until final distribution:
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Page 2 of 7 Pages
A. To retain any property of any nature received by them for whatever period they
shall deem advisable;
B. 'To invest and reinvest all or any part of said property in such stocks, bonds,
common trust funds, securities, accounts, certificates of deposit (including, but x~ol limited to,
stocks, bonds, common trust funds, securities, accounts or certificates of deposit o~f~the Trustee)
or other property, real or personal, as in their discretion they shall deem proper, without regard
to statutes limiting the property which a fiduciary may purchase;
C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for
cash or on terms, publicly or privately, or to lease, even for a tern~l exceeding five (5) years or
the duration of~ any trust herein, without liability on the purchasers or lessees to see to the
application of the proceeds, and to give options for these purchases without the obligation to
repudiate them in favor of a higher offer;
D. To execute and deliver any deeds, leases, assignments or other instrurYlenits as may
be necessary to carry out the provisions of any trust hereunder;
E, "I~o borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
F. T'o assume continuance of the status of any beneficiary with regard to death,
marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable
without liability for disbursements made on such assumption;
G, To pay from the trust, or the income therefrom, all debts or claims against my
estate, or any taxes or similar charges on my estate;
H. ~~`o make any distribution hereunder either in kind or in money, or partially in kind
and partially in money. Distribution in kind shall be made at the market value of the property
distributed, and my Trustee, in my Trustee's absolute discretion, may cause the share distributed
to any distributes to be composed of property similar to or different from that di stribute~d to any
other distributes:
I. ~I~o exercise any subscription right in connection with any security held l~er~eunder,
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[Initials]
Page 3 of 7 Pages
to consent to or participate in any recapitalization, reorganization, consolidation or merger of any
corporation, company or association, the securities of which may be held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generally to exercise all rights of investors;
J. To invest in endowment, insurance or annuity policies on the lives ofbeneficiaries
of any trust hereunder;
K. rCo continue in any partnership, joint venture, je-int ownership or other business
enterprise of which I am a part at the time of my death;
L. T~o compromise claims;
M. T'o continue for whatever period of time as they shall deem necessary any
ownership as a tenant in common or as a partner, in real estate or other property and to act as I
could have done had I been living;
lV. ~ho lend money to my estate or to any trust created hereunder or to purchase from
the estate or from any trust created hereunder, at the market value thereof at the time of purchase,
any securities or other property tendered to them by my estate c-r any trust created hereunder at
any time and from time to time within a period of nine (9) months after my death;
O. In the event that any amounts are payable hereunder or under any trust created
hereunder to a minor, or to a person otherwise under legal disability, or to a person not
adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical
disability is, il~ the opinion of fiduciary(ies) hereunder, unable to properly adminis~~ter such
amounts, such amounts may be paid by the fidueiary(ies) hereunder in his, her or their sole
discretion in anv of the following ways as lie, she 'or they may deem best:
1. Directly to such beneficiary;
2. To a legally appointed guardian of such beneficiary for the benefit ofsuch
beneficiary;
3. To a person having custody of such beneficiary for the benefit: of such
beneficiary;
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Page 4 of 7 Pages
4. By the fiduciary(ies) hereunder using such amounts directly to the benefit
of such beneficiary.
Evidence of the application or payment of an amount in such a manner shall be a full and
complete discharge of the fiduciary(ies) hereunder to the extenit of such payment or application.
This paragraph shall be applicable to payments of income as well as principal.
P.. "ho employ agents, attorneys and proxies and to delegate to them such power as
my personal representatives and Trustees consider desirable and. to pay reasonable compensation
for such services as may be rendered by such agents, attorneys and proxies;
Q. To conduct an inventory of any safe deposit box necessary to the administration
of my estate.
R. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
ITEM FOUR
PROTECTIVE PROVISIONS
All income or principal held for the use and benefit of any trust hereunder shall not be
in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any
such interest, while in the possession of my Trustees, be liable for or subject to the debts,
contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or
sequestrations under process of law.
ITEM FIVE
APPOINTMENT OF EKECUTORS AND TRUSTEES
I nominate, constitute and appoint 'my sons, FRANK E. MASLAND IV a.nd JON L.
MASLAND, and the law firm of MARTSON DEARDORFF WILLIAMS & OTTO~ as Co-
Executors of my estate.
I nominate, constitute and appoint my sons, FRANK E. MASLAND IV and JON L.
MASLAND, and the law firm of MARTSON DEARDORFF WILLIAMS & OTTO as Co-
Trustees of any trust created hereunder.
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Page 5 of 7 Pages
ITEM sIx
WAIVER OF BOND
I direct that neither my Executors nor my Trustees shall be required to file any bond in
any jurisdiction to secure the faithful performance of their duties, nor shall they be required to
obtain any order or approval of any court for the exercise of any power or discretion set forth in
this Will.
IN WITNESS WHEREOF I have hereunto set my hand and seal this day of
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Frank E. Masland III
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as
and for his Last Will and Testament, in the presence of us, who at his request. h~~ve hereunto
subscribed our names as witnesses thereto, in the presence of they said Testator anal of each other.
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COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
We, Frank E. Masland III, No V. Otto III, and ~ °. " : _ ~ ~ ~ ~ _ ___ ,the
Testator and the witnesses, respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the T"estator signed
and executed the instrument as his last Will and that the Testator has signed willingly, and that
the Testator executed it as his free and voluntary act for the purposes therein expressed, and that
each of the witnesses, in the presence and hearing of the Testator, signed the Will ass ~a witness
and that to the best of his/her knowledge the Testator was at that time eighteen years of age or
older, of sound. mind and under no constraint or undue influence.
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Fr nk E. M_ island III, Testator
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Witness
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Witness
Subscribed, sworn to and acknowledged before me by Frank E. Masland III., t:he Testator,
and subscribed and sworn to before me by No V. Otto III and _~ ~ • _ ____
the witnesses, this ~ ' day of _ • 4, ";"" ; , "
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Notary Public
I,IOTARiAL SEAL
VICTORIA L. 07T0, NOTARY PUStIC
CARLISLE BORO. CUMBERIP,ND COUNTY
MY COMMISSION EXPIRES DfC"2'006
Page 7 of 7 Pages
F `,FILES'~I)ATAFILF: Estate F'lannmg~,7074 ~ codicil.!006
CODICIL
I, FRANK E. MASLAND III, of South Middleton Township, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and
declare this to be a Codicil to my Last Will and Testament dated September 9, 2004,.
1.
The following item shall be added as Item One, A, of my said Last Will and Testament:
ITEM ONE, A
To the extent that my comnlit~r~ei~t to the Marie P. Masland Music Fund ~~f
St. John ~~s Episcopal Church, Carlisle, Pennsylvania, remains unfulfilled at my death,
I direct my Executor to pay the unpaid balance of such commitment to the St. J ohn's
Episcopal Church for the said Marie P. Masland Music Fund.
2.
In all other respects, I ratify and affirm my said Last Wi11 and Testament dated September
9, 2004.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this id' ti ~ day of
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Frank E. Masland III
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and
for a Cedicil to 1~iis List 4'~'ill and Testa:r~ent dated September q, 2004, in the pre.sPnce ofus, who at
his request, have hereunto subscribed our names as witnesses thereto, in the presence of~ the said
Testator and of each other.
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COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
We, Frank E. Masland III, No V. Otto III, and - ,the
Testator and the witnesses, respectively, whose names are signed t:o the foregoing instrument, being
first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed
the instrument as a Codicil to his last Will dated September 9, 2004, and that the Testator has signed
willingly, and that the Testator executed it as his free and voluntary act for the purposes therein
expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the
Codicil as a witness and that to the best of his/her knowledge the 'Testator was at that time eighteen
years of age or older, of sound mind and under no constraint or undue influence.
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Frank E. Masl~d III, Testator
Witness ~-
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Subscribed, sworn to and acknowledged before me by Frank E. Masland III, the "Testator, and
subscribed and sworn to before me by No V. Otto III and ~ - ~ ___ ~___
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the witnesses, this ~~ay of ~ ~,-r-,~-flv~~ , ~U~h .
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Notary Public
NO+At~lAL SEHL _M~
VICTORIA L. OTTO, NOTA~~Y R!lE3LlC
CARLISLE BORO., CUMBERLAND COI.~~ITY
i~1Y COMMISSION EXPIRES OEC. ~ 2Ci'6
Page 2 of 2 Pages