HomeMy WebLinkAbout03-17-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
• REGISTER OF WII.LS
PETITION FOR PROBATE AND GRANT OF LETTERS h ~~
Estate of Theodore A. Tristan, M. D. ,Deceased ESTATE NO: 21- bII' C~=~-'l
a/k/a:
a/k/a:
a/k/a: SS NO: 088-18-0434
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
applicable:
^ A. Probate and Grant of Letters Testamentary or ^Administration c.t.a., or d.b.n.c.t.a. (comRlgte Part C Also) .~,
and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary -- O gBder i;_ - , j
the last Will of the above-Iiamed Decedent, dated 9/24/2003 and codicil(s) dated rv~ ~-~'-; ;',
r ~ ~ ~ ',
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(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 e~~on of the~~ _ C~
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person}a-~>~~ was nova `n O
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been establi8~ed as defin~l' in ~"
23 Pa. C.S.A. § 3323(g):
^ B. Grant of Letters of Administration
(If applicable, eater d.b.a, pendent life, dur5ate absentia, dursate miaoritate)
C. Petitioner(s), after a proper seazch, has/have ascertained that Decedent left no Will and was survived by the
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 and complete list of
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:-
THIS SECTION MUST BE COMPLETED:
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence
At 353 North 28th Street, Borough of Camp Hill, Pennsylvania 17011
(Street address with Post Office and Zip Code, Municipality: Townshiq Borough, City)
Decedent, then 13ti
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
All personal property $ f0 OoD . -
Personal property in Pennsylvania $
Personal property in County $
$
Total Estimated Value $ SO . DD 0.00
-~
Location of Real Estate in Pennsylvania: (Provide full address if possible.) ;
Signature(s)
Name(s) & Mailia¢ Address(es)
~~ ~ Faith B. Tristan-353 North 28th Street, Camp Hill, PA 17011
' David S. Tristan-159 Stoney Run Road, Dillsburg, PA 17019
Katharine E. Tristan-2180 Yale Avenue, Camp Hill, PA 17011
years of age, died 2/28/2011 at Harrisburg, Susq Twp, Dauphin County, PA
(Month, Day, Yeaz of death) (City and State when; death occurred)
~~ / William E. Miller, Jr.-1822 Market Street, Camp Hill, PA 17011~ge r of 2
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OATH OF PERSONAL REPRESENTATIVE -~~-~~,~_,~ ....r
Commonwealth of Pennsylvania SS r-7 ~ c
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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 accordin>; to law.
Sworn to or affirmed and subscribed
th1S
the Registel••
of
Faith B. Tristan
DECREE OF PROBATE AND GRANT OF LETTERS
Estate of THEODORE A. TRISTAN, M. D. L ,,.Deceased File Number: 21-_6k:~-~~
AND NOW, this day of `~t~'CS-~ / ~Q~I , in consideration of the Petition on
the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters
x Testamentary _ of Administration are hereby granted to:
(!f applieabk, enter e.ta, d0.u, db.nata., etc.)
Faith 6. Tristan, David S. Tristan, Katharine E. Tristan and, William E. Miller, Jr. in
the above estate and that instruments(s) dated a/za/zoo3 described in the petition be
admitted to probate and filed of record as the last Will and Codicil(s) of D edent.
len Farner Strasbaugh, ~ )q / ~~'/
Register of Wills ~V
FEES:
Letters ....................
Will ...................... a
$ I ~ .
.. ~ C9>
Codicil(s) ...............
( (~ Short Certificates ..
(~) Renunciations.... ...
Bond ..........:................ ..
Other .............................
.................................
.................................
Automation FEE.........
JCS FEE ................... ~-
TOTAL ........:....... $
Signature of Couaset Required to Enter Appearance
Atty's Signature
PRINTED Name: William E. Miller, Jr., Esquire
Supreme Court ID No.: 07220
Address: 1822. Market Street
Camp HIII, PA 1701E
.Phone: p17) 737-9210
Fax: (717)737-9215
Interim Form RW-02 revised.12.26.10 by Cumberland County pending actionby the Court ~ Page Z of 2
William E. Miller Jr.
HI05.8U5 REV (01 N7)
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
~ Fee for this certificate, $6.00
P 17244268
Certification Number
This is to certify that the infomlation 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 O i e f ermanent filing.
Local Registrar Date Issued
COMMONWEaLTM OF. PENNSYtYANIA • DEPMTAAENT OP MEALTM . YRAL RECORDS
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LAST WILL AND TESTAMENT OF
THEODORE A. TRISTAN. M.D.
I, THEODORE A. TRISTAN, M.D., of the Borough of Camp Hill, Cumberland
County, Pennsylvania, do hereby make this my Last Will and Testament, revoking any
former Wills and Codicils made by me.
FIRST: I am married to Faith 6. Tristan, and all references to my wife in this Will
are to her. I have four children, all of whom are adults: Karen A. T. Edwards, David S.
Tristan, Katharine E. Tristan and Theodore J. Tristan. These and any other children
born to or adopted by my wife and me are described in this Will as "my children," or as
"a child of mine." Any person born to or adopted by a child of mine is described in this
Will as "my issue." Provided, however, no adopted person shall benefit hereunder
unless the order or decree of adoption is entered before such adopted person attains
the age of twenty-one (21) years.
SECOND: I give my tangible personal property and all casualty insurance that I
am carrying on said tangible personal property to my wife, or, if she does not survive
me, I give such property to such of my children who are living at my death, to be
divided equitably among or between them as they may determine, or, if they are unable
to agree, as my Executor shall determine, after considering the wishes of such children.
I have complete confidence that my wife, my children or my Executor will honor any
written instructions that I may leave with regard to said tangible personal property. Any
such property not so distributed shall be sold, and the proceeds added to my residuary
estate to pass as hereafter described.
THIRD: If my wife shall survive me, I bequeath to my Trustee, hereinafter
,- ,
named, IN TRUST NEVERTHELESS, cash, securities or other property i~ihe amount _, ::r~
specified below, to be known as the "Bypass Trust." ~; ~}r,
(1) The bequest shall be $1,000,000, subject, however ~v'~' -~
'c_' rte, c ~ _
Paragraphs (2) and (3) below. ~ =-'~ - ~ -
---- _.
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~~
Last WIII and Testament of Theodore A. Tristan, M.o. Page 1 of 9
(2) The bequest shall increase or decrease, based upon the availabil-
ity of my federal unified credit for estate and gift taxes and the maximum allowable
federal estate tax credit for state death taxes (but only to the extent that the use of such
state death tax credit does not increase the death tax payable to any state), whether
due to statutory changes, lifetime gifts in excess of the federal unified estate and gift
tax exemption-equivalent amounts, or any other transfer which affects the availability of
my federal credits aforesaid.
(3) The bequest shall decrease, even to zero, if necessary to reduce
federal estate tax payable as a result of my death to zero (excluding, however, any
federal estate tax due as a result of an excess retirement accumulation under
Section 4980A of the Internal Revenue Code of 1986, as amended, or such similar
section as may then be in effect), considering that my intention is to fund the Bypass
Trust by using my available federal unified credit for estate and gift taxes and my
federal estate tax credit for state death taxes and to eliminate federal estate tax on the
balance of my federal taxable estate by using the federal estate tax unlimited marital
deduction.
FOURTH: I give, devise and bequeath the rest, residue and remainder of my
estate, real and personal, to my wife. Should she not survive me, I give, devise and
bequeath such rest, residue and remainder to my Trustee, hereinafter named, IN
TRUST NEVERTHELESS, to be held, administered and distributed for all purposes as
part of the Bypass Trust.
FIFTH: The Bypass Trust shall be held, administered and distributed as follows:
(1) My Trustee shall pay to or apply for the benefit of any one or more
of my wife, my children and my issue, until division into shares pursuant to
Paragraph (4), all of the net income from the Bypass Trust in convenient installments in
such shares and proportions as my Trustee in its sole discretion shall determine
primarily for the medical care, education, support and maintenance in reasonable
comfort of my wife, children and issue, taking into consideration to the extent my
Last Will and Testament of Theodore A. Tristan, M.D.
Page 2 of 9
Trustee deems advisable, any other income or resources of my wife, children and issue
known to my Trustee, considering that my wife is the primary object of my bounty.
(2) Prior to division into shares pursuant to Paragraph (4), my Trustee
may pay to or apply for the benefit of any one or more of my wife, children and issue
such sums from the principal of the Bypass Trust in such shares and proportions as in
its sole discretion shall be necessary or advisable from time to time for the medical
care, education, support and maintenance in reasonable comfort of my wife, children
and issue, taking into consideration to the extent my Trustee deems advisable, any
other income or resources of my wife, children and issue known to my Trustee,
considering that my wife is the primary object of my bounty. Any payment or applica-
tion of benefits for a beneficiary pursuant to this Paragraph shall be charged against
this Trust as a whole rather than against the ultimate distributive share of such benefi-
ciary to whom or for whose benefit the payment is made.
(3) My wife shall have a special power to appoint all or any portion of
the Bypass Trust during her lifetime by written document, delivered to my Trustee,
referring expressly to this Article, or by Will, validly executed and attested referring
expressly to this Article, among such other person or persons hereinafter named or
described, absolutely or in trust, as she may indicate. This special power of appoint-
ment is exercisable only in favor of a child of mine as described in this Will or to the
issue of any such child. My wife shall have no power to appoint the principal of this
fund or income accumulated thereon to herself, her estate, to her creditors, or to the
creditors of her estate. My Trustee may rely upon an attested Will probated in any
state that otherwise meets the requirements of this Paragraph.
(4) In default of the exercise of such power of appointment by my wife,
or insofar as any part of the Bypass Trust shall not be effectively appointed, then upon
the death of my wife, or upon my death if my wife did not survive me, the entire
remaining principal of the Bypass Trust, or the part of such trust not effectively ap-
pointed, shall be divided into four (4) equal separate shares so as to provide one (1)
share for each then-living child of mine and one (1) share for each deceased child of
-r'
Last Will and Testament of Theodore A. Tristan, M.~. Page 3 of 9
mine who shall leave issue then living. The share provided for a living child of mine
shall be distributed outright to such child. The share provided for a deceased child of
mine who shall leave issue then living shall be distributed per stirpes to such issue.
(5) If at the time of my death, or at any later time prior to final distribu-
tion hereunder, my wife, my children, and all my issue are deceased and no other
disposition of the property is directed by this Trust, then and in that event only, the
then-remaining property of this Trust, together with any undistributed income, shall be
divided into two (2) equal shares and paid over and distributed as follows:
(a) One share shall be further divided into aone-fourth (1/4) share
and athree-fourths (3/4) share. The one-fourth (1/4) share shall be paid to the children
of my sister, Mary Julia Sanger, of Dallas, Texas, in equal shares, or to the survivor.
The three-fourths (3/4) share shall be paid to the children of my brother, Michael Peter
Tristan, in equal shares, or to the survivors or survivor. I intend to include as the
children of my brother entitled to receive this share only those three (3) children
adopted during his first marriage, the three children born to him during his second
marriage and Lisa Yaram, daughter of his second wife.
(b) The other share shall be further divided into aone-fourth (1/4)
share and athree-fourths (3/4) share. The one-fourth (1/4) share shall be paid to
Kathryn Bartholomew, the daughter of my deceased sister-in-law, Lola Bartholomew.
The three-fourths (3/4) share shall be paid to the then-living children of my deceased
sister-in-law, Marguerite Davis, in equal shares.
SIXTH: If any share hereunder becomes distributable to a beneficiary who has
not attained the age of twenty-five (25) years, then such share shall immediately vest in
such beneficiary, but notwithstanding the provisions herein, my Trustee shall retain
possession of such share intrust for such beneficiary until such beneficiary attains the
age of twenty-five (25) years, using so much of the net income and principal of such
share as my Trustee deems necessary to provide for the proper medical care, educa-
tion, support and maintenance in reasonable comfort of such beneficiary, taking into
consideration to the extent my Trustee deems advisable any other income or resources
~~J
Last Will and Testament of Theodora A. Tristan, M.o. Page 4 of 9
of such beneficiary or his or her parents known to my Trustee. Any income not so paid
or applied shall be accumulated and added to principal. Such beneficiary's share shall
be paid over and distributed to such beneficiary upon attaining the age of twenty-five
(25) years. If a beneficiary should die before the complete distribution of his or her
share, then the undistributed principal and accumulated income from his or her share
shall be paid to his or her issue, or in default thereof to his or her executors or
administrators. I recommend that my Trustee consider distributing all income from such
share to such further beneficiaries when such beneficiaries attain the age of twenty-one
(21) years. My Trustee shall have with respect to each share so retained all the
powers and discretions had with respect to the trusts created herein generally.
SEVENTH: If any beneficiary and I should die under such circumstances as
would render it doubtful whether the beneficiary or I died first, then it shall be conclu-
sively presumed for the purposes of this my Will that the beneficiary predeceased me;
provided, however, that if my wife shall die with me as aforesaid, I direct that my wife
shall be conclusively presumed to have survived me.
EIGHTH: (1) I name my wife, Faith B. Tristan, my son, David S. Tristan, my
daughters, Karen A. T. Edwards and Katharine E. Tristan, and William E. Miller, Jr., as
my Co-Executors and Co-Trustees. I direct that my Co-Executors and Co-Trustees,
and their substitutes and successors, herein referred to as my Executor and my
Trustee, regardless of number or gender, serve without bond in any jurisdiction in
which called upon to act.
(2) In the event that one or more of my wife, Faith B. Tristan, my son,
David S. Tristan, or my daughters, Karen A. T. Edwards and Katharine E. Tristan, is
unable or unwilling to so serve, either as Co-Executor or Co-Trustee herein, then I
name as substitute and successor, my son, Theodore J. Tristan. In this regard, it is my
desire that, if at all possible, there be at least two family members serving with William
E. Miller, Jr. as Co-Executors and Co-Trustees. In the event that William E. Miller, Jr.
is unable or unwilling to serve in either capacity, then an attorney designated by the
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Last Will and Testament of Theodore A. Tristan, M.~. Page 5 of 9
law firm with which he was last associated shall serve as substitute or successor Co-
Executor and/or Co-Trustee for William E. Miller, Jr.
(3) The situs of any trusts created by this Will shall be Cumberland
County, Pennsylvania, but it may be transferred to the situs of such successor or
substitute Trustee by designation in a written instrument filed with the court having
jurisdiction over the probate of my estate or the administration of any trust, whichever is
applicable, signed by or on behalf of my Trustee.
(4) For services as Executor and Trustee, my Executor and Trustee
shall receive reasonable compensation.
NINTH: I give to any Executor and to any Trustee named in this Will or any
Codicil hereto or to any successor or substitute Executor or Trustee all of the powers
enumerated in this Will and all of the powers applicable by law to fiduciaries in the
Commonwealth of Pennsylvania and in particular through the Pennsylvania Probate,
Estates and Fiduciaries Code, as effective and as in effect on the date of my death,
during the administration and until the completion of the distribution of my estate, and
until the termination of all trusts created in this Will or any Codicil hereto and until the
completion of the distribution of the assets of such trusts. I direct that all such powers
shall be construed in the broadest possible manner and shall be exercisable without
court authorization.
TENTH: No person who at any time is acting as a co-trustee (if any) hereunder
shall have any power or obligation to participate in or to exercise any discretionary
authority that I have given to my Trustee to pay principal or income to such person, or
for his or her benefit or in relief of his or her legal obligations. Such discretionary
authority shall be exercised solely by the disinterested co-trustees.
ELEVENTH: No interest of any beneficiary under this Will, any Codicil hereto,
or any trust created herein, shall be subject to anticipation or to voluntary or involuntary
alienation.
TWELFTH: All estate, inheritance, succession and other death taxes imposed
or payable by reason of my death and interest and penalties thereon with respect to all
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Last Wfll and Testament of Theodore A. Tristan, M.o. Page 6 of 9
property comprising my gross estate for death tax purposes, whether or not such
property passes under this Will, shall be paid out of the residue of my estate, as if such
taxes were expenses of administration, without apportionment or right of reimburse-
ment. I authorize my Executor and Trustee to pay all such taxes at such time or times
as deemed advisable.
IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and
Testament this.Z~~ay of s',a~o,lwwb~r~; 2003.
~'`-"~ t~.a~a (SEAL)
THEODORE A. TRISTAN, M.D.
ATTESTATION CLAUSE. We the undersigned, hereby certify that the forego-
ing Will was 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 and in
his presence and in the presence of each other, have hereunto set our hands and seals
the day and year first above written, and we certify that at the time of the execution
thereof, the said Testator was of sound and disposing mind and memory.
Address:
Address:
Last WIII and Testament of Theo~ra A. Tristan, nn.c. Page 7 of 9
SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
I, THEODORE A. TRISTAN, M.D., the Testator, whose name is signed to the
attached or foregoing instrument, being first duly sworn, do hereby declare to the
undersigned authority that I signed and executed the instrument as my Last Will and
that I signed willingly, and that I signed it as my free and voluntary act for the purposes
therein expressed on this theA"~~day of ~~,~~Q.(11,(,(Qil, , 2003.
a ~ ~,~.; ~-,r~
THEODORE A. TRISTAN, M.D.
Subscribed, sworn to, and acknowledged before me by THEODORE A. TRIS-
TAN, the Testator, this a'tf~~ day of 5~~, 2003.
~a ~~~J
Notary Public
NOTARIAL SEAL
MARJORIE L. JOHN60N, Public
Camp Hill 8oro., CumbeAarN County
M Commission res April 15, 21107
Last WIII and Testament of Theodore A. Tristan, M.~. Page 8 of 9
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
We, the witnesses, respectively, whose names are signed to the attached or
foregoing instrument, being duly qualified according to law, do depose and say that we
were present and saw THEODORE A. TRISTAN, M.D., sign and execute the instru-
ment as his Last Will and Testament; that he signed willingly and that he executed it as
his free and voluntary act for the purposes therein expressed, that each of us in the
hearing and sight of THEODORE A. TRISTAN, M.D., signed the Last Will and Testa-
ment as witnesses; and that, to the best of our knowledge, THEODORE A. TRIS-
TAN, M.D., was at the time no less than eighteen (18) years of age, of sound mind, and
under no constraint or undue influence.
Witness
Subscribed, sworn to, and acknowledged before me by~~((~~ ~• ~ ~~;~^
t',~,, and ~Ned~tck.t. l-~,ta~~,~ the witnesses, this~+'~~ day of
~,,Q.~r~,t~ , 2003.
~a~~
Notary Public
NOiARIAI SEAL
MARJORIE L. JOHNSON, N~Public
Carte Hiq Sao., Cumberland
M CortatMSSiOn 15, 7
Last Will and Testament of Theodore A. Tristan, M.o. Page 9 of 9
I l-,3~ l
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RENUNCIATION CLERK CF,
o~P~F,~ ~s ca~l~T
REGISTER OF WILLS ~ CIIPJIBt~t.~°`~~~ ~~ PA
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of THEODORE A. TRISTAN, M.D.
Deceased
I, KAREN T. EDWARDS , in my capacity/relationship as
(Print Name)
Daughter of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Faith B. Tristan, David S. Tristan, Katharine E. Tristan and William E. Mllle~, Jr.
(Date)
(Stgnattve) .
(StreetAddress)
(Gty, Stare, Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
°f that he or she executed the renunciation for the
purposed stated w'thin on this ra- day
of ~./L,QJ~.0 l r
Deputy for Register of Wills Notary Public ~-
My Commission Expires: ~// Sla 6 ~ /
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
c°wuu"°M"v~_, ~ snvwu-
FormRw-oe rev. x0.13.06 NOTARIAL SEAL
HRARJORiE L. JOHNSON, Notary Pubic
Camp Hill Boro., Cumberland County
M Commission ' es '1,15, 2011
//- ~~%
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1i1~~7. ~~I_:"1J
'4`i ~ ("~~,~ ~ ~ ~"i'y J~ UJ
RENUNCIATION
REGISTER OF WILLS
CUMBERLAND
Estate of THEODORE A. TRISTAN, M. D.
Deceased
I, Theodore J. Tristan , in my capacity/relationship as
(Print Name)
son
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Faith B. Tristan, David S. Tristan, Katharine E. Tristan and ~j~~ F/NU.;c6i~, tea,,
3 /
(Dare)
Executed in Register's Dice
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
Form RW-06 rev. 10.13.06
CLERK OF
ORPHF~N'S COURT
GUMSr~?L,MI~? CO. PA
COUNTY, PENNSYLVANIA
(Signature)
2050 Cheshire Road
(StreetAddress) .~ '"
Binghamton, NY 13903-3108
(city, stare, z;p)
Executed out of ~ltgister's Office
Before the undersigned personally appeared the
party executing this renun 'at nand certified
that he or she executed t re ciati n for the
purpose ed wi in nthi / day
of ~da ~ ~.t/
Notary Public l ~
My Commission Expires: ~7~a'fi~j~
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission J
.-- ~/~~%