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HomeMy WebLinkAbout04-15-11IN RE: WII.BUIt R. W. HUBLEY LATE OF MECHANICSBURG PENNSYLVANIA DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~~ ~~~~Q~~~ ~~ ~~ ORPHANS' COURT DIVISION ~ ~ rn vi ~ ~7 ~O~ PETITION TO PROBATE COPY OF WILL n ,^.> s.• rn C'1 ~„'' ; _' r.._j ri ` -n ~~ .-`~*~ w `'> ~ f~.5 -,-' Petitioners Jo Ann Shepp Burns and Lou Ann Shepp Houck, named Co-Executrices and nieces of Decedent Wilbur R. W. Hubley, hereby petition this Honorable Court to probate a copy of the Last'Will and Testarpent of Wilbur R. W. Hubley dated February 2, 2006, and to direct the Registor of Wills to grant Letters Testamentary to Jo Ann Shepp Burns and Lou Ann Shepp Houck, and state in support the following: 1. Wilbur R. W. Hubley died on January 9, 2011, at age 90 while a resident of Country Meadovl~s, Mechanicsburg, Pennsylvania. 2. Aittorney Debra K. Wallet prepared and supervised the execution of the Last Will and Testament dated February 2, 2006, a copy of which is attached hereto as Exhibit A. See Affidavit of !Debra K. Wallet. 3. Diligent inquiry of relatives and friends who might have knowledge of the original Will has failed to produce the original of this Will or any information regarding the whereabouts of tie original Will. 4. A search of his belongings at Country Meadows has failed to produce the original Will. 5. The Decedent's only son, Marc W. W. Hubley, is the sole beneficiary of this Will and would be the Decedent's only intestate heir of an Estate estimated at under $100,000.00. 6. Son of the Decedent, Marc W. W. Hubley, is incarcerated in the State Correctional Institution at Camp Hill and is unavailable to perform the duties of Executor or Administrator of his father's Estate. 7. While still in good mental condition, Wilbur R. W. Hubley frequently mentioned that he had prepared a Will, that everything was in order, and that his wife's nieces would be authorized to settle his Estate. 8. It is believed that the original Will was mistakenly destroyed or lost in the move of Mr. Hubley's personal property from 33 Highland Drive, Camp Hill, Pennsylvania into Country Meadows, Mechanicsburg, Pennsylvania, in approximately January, 2009. 9. Based upon the attached Affidavits of Marc W. W. Hubley, Jo Ann Shepp Burns, and Lou Ann Shepp Houck, it is believed that the Decedent intended that the February 2, 2006 Will be in full force and effect, that it was not destroyed by Decedent, and that the Decedent took no action to revoke this Will or to replace it with another. 10. While still mentally clear, the Decedent made statements indicating the continued validity of this Will and his intention that this writing be considered his Last Will and Testament. WHEREFORE, Petitioners request that this Honorable Court direct the Register of Wills to admit to probate the copy of the February 2, 2006 Will, attached hereto as Exhibit A, and to grant Letters Testamentary to Jo Ann Shepp Burns and Lou Ann Shepp Houck. Respectfully submitted, Debra K. Wallet, Esquire 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-1300 Counsel for Petitioners VERIFICATION. I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 'l o D TE iJ AN SHEPP BURN VERIFICATION I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATE LOU ANN SHEPP OUCK Y aAa s ~bxwY N w O ra'~ -G ~zr~ m ~. a'7 ~ C ~~ =. H ... l ~r ~. t \I~~ L"~ C ~ - 1~: ~ r ~~_ '~ ~ i C \" ~ -.' cz -, ~ ~ ~G ' ' "' ~ .~- ~. ° r ~~ ~~ ~~ \~ :. ~ ~, '~ ~~ . ~~ ((~ r ~ ~ ~~ S-S ~~ ~~ ~~_ LAST 1AlILL ~tND T~ST~cMI~NT ®~ Y1(IL$Ult ft. ~. $U$L~Y I, WILBUR R. W. HUBLEY, of Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby make, publish, and declare this to be my Last Will and Testament and hereby revoke all other Wills and Codicils that I have made, including the Will dated June 27, 2001. FIRST: I direct that after my death my body be cremated. I have made pre- arrangements through the Cremation Society of Pennsylvania who should be contacted at my death. SECOND: Upon my death, I direct that all of my Estate, of whatever nature and wherever situate, be liquidated as soon as practical. After the payment of my final expenses and any taxes due, I direct that my Executrix purchase a single premium annuity payable to my son, MARL W. W. HUBLEY, who is currently incarcerated and who is expected to be incarcerated for the foreseeable future. My Executrix shall have absolute discretion to select a reputable company and to determine the terms and conditions of this annuity. This annuity shall be payable to my son until the end of his natural life. Should there be any residual payment due upon my son's death, said payment shall be paid to those individuals named in Part THIRD herein. THIRD: Should my son fail to survive me by thirty (30) days, then I give, devise, and bequeath all of my Estate, of whatever nature and wherever situate to the following individuals who shall survive me by thirty (30) days: A. Fifty (50 °k) percent, in two equal shares, to my wife's nieces: JO ANN S>'IEPP BURNS, of York, Pennsylvania, and LOU ANN SHEPP HOUCK, of York, Pennsylvania; B. Fifty (50%) percent, in two equal shares, one to my nephew, DENNIS L. MYERS, of York, Pennsylvania; and one to my half-sister, ROMAINE NALEN, of York, Pennsylvania. I have provided here for these named beneficiaries only and not for any of their issue. Should any of the above-named beneficiaries fail to survive me by thirty (30) days, I direct that the share given to said beneficiary be distributed to the survivor named within each subpart. FOURTH: All interests of any beneficiary in the income or principal of this Estate, ~~ while undistributed and in the possession of my Executrix, even though vested and distributable, shall not be subject to attachment, execution or sequestration for any debt, contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to ~, pledge, assignment, conveyance, or anticipation. I specifically direct that the bequest to my son shall not be subject to anv fees set by the Corrunonwealth related to his incarceration. J FIFTH: All inheritance, estate, and succession taxes (including interest and any penalties thereon) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estate, without apportionment or right of reimbursement from any person. In the event that a substantial portion, as determined in the sole and absolute judgment and discretion of my Executrix,. of the non-probate assets are directed to be paid to a beneficiary or beneficiaries, so that the taxes referred to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of this will (whether or not the same as the beneficiary or beneficiaries under the non-probate assets), my Executrix, in the Executrix's sole and absolute judgment and discretion, shall have the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of the non-probate assets. SIXTH: In addition to all,rights and powers conferred by law, I authorize and empower my Executrix and her successors, in her absolute discretion and without necessity of obtaining court approval: A. To buy investments at a premium or discount. B. To hold property unregistered or in the name of a nominee. C. To give proxies, both ministerial and discretionary. D. To compromise claims. E. To join any merger, consolidation, reorganization, voting trust ;• plan, or any other concerted action of security holders and to delegate discretionary duties with .~ ---~- respect thereto. F. To lend to, and buy from, my estate. ^ G. To borrow and to pledge real and personal property as security therefor. ~. H. To sell at public or private sale for cash or credit or partly for each, to !,/~ ~ exchange, or to lease for any period of time, any real or personal property, and to give options for sales, exchanges, or leases. To exercise any option permitted by law which she believes to be advantageous from the viewpoint of overall tax reductions, including, without limitation of the foregoing, power and authority to claim administration or other expenses either as income tax deductions or inheritance or estate tax deductions, without regard to whether they were paid from principal or income and without requiring adjustments between principal and income for any resulting effect on income or estate taxes, and a deduction of such expenses for income tax purposes shall be given effect in computing the respective shares of all persons interested in my estate set forth herein, even though the effect is to increase the share of one beneficiary or class of beneficiaries hereunder at the expense of another; and to make such adjustments, if any, between beneficiaries with respect thereto as she shall deem appropriate in view of the nature of the transaction and the amounts involved. J. To distribute in cash or in kind or partly in each. The powers granted hereunder shall be exercisable with respect to all real and personal 1 ~~ property, including, but not limited to, income and principal held for minors or disabled beneficiaries at any time, until the actual distribution of all property. All powers, authorities and discretion granted here shall be in addition to those granted by law and shall be exercisable without leave of court. However, nothing herein shall be interpreted or construed to encourage, authorize, empower, or permit the Executrix to act or cause anyone to act in a manner contrary to or inconsistent with accepted standards of portfolio diversification and risk management. SEVENTH: I nominate, constitute, and appoint my wife's nieces, JO ANN SHEPP BURNS, and LOU ANN SHEPP HOUCK, as Co-Executrices of this, my Last Will and Testament. In the event of the renunciation, death, resignation, or inability of either of my wife's nieces to act for whatever reason in this capacity, then I nominate, constitute, and appoint the other to act as sole Executrix. I direct that no representative named above shall be required to post security for the faithful performance of her duties in any jurisdiction insofar as I am able by law to relieve her ~, of such obligation. Any of my representatives shall be entitled to reasonable compensation for the performance of the duties set forth here. IN WITNESS WHEREOF, I have hereunto set my hand and seal this .~lrl. day of Furl , 2006, on this, the fifth of five typewritten pages. I have also signed the left-hand margin of the first four of these pages for purposes of identification only. r ~~~ WILBUR R. W. HUBLEY SIGNED, PUBLISHED, and DECLARED by the Testator, WILBUR R. W. HUBLEY, as his Last Will and Testament, in the presence of us, who at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. -- K ~J,..-r' ~~ %/ / ,~. r ~ - L ~- t~ y-~co1~..nc.sf~..S ~IF 13.-sr' ~3 ~ C~°~~~ /~ ACKNOWLEDGMENT Commonwealth of Pennsylvania County of Cumberland I, WILBUR R. W. HUBLEY, Testator, whose name is signed to the attached instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. (/. C ~ 1~. WIL UR R. W. HUBLEY Sworn or affirmed to and subscribed before me by WILBUR R. W. HUBLEY, the Testator, this ~~ day of }-~b~rt~+ _ , 2006• ~~ ~~ Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Loper, Nary Public Camp HiN Born, Cumberland CtxiMy My Commission Expires OcL 27, 2007 Member, Pennsyivan~z Association Of Notaries ,~a ~ ~ . f~. AFFIDAVIT Commonwealth of Pennsylvania County of Cumberland We, Debra K. Wallet and ~h,~~-r ~ ~' ~° L ~ ~~~ ~ the witnesses whose names are signed to the attached instrument, being duly qualified according to law„ depose and say that we were present and saw the Testator, WILBUR R. W. HUBLEY, sign and execute the instrument as his Last Will and Testament; 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 the Testator signed the Will as witnesses; and that, to the best of our knowledge, the Testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence. . Qom- Ic . wl.~«.,r- G ~-',. .,~ .. Sworn or affirmed to and subscribed to before me by LJP_1~Y'rf~_ ~~ U h, ~~~ ~- and C.C~YI(ll_Q__ ~- LlmrtC_., witnesses, this o~~ day of Feb,^ur~i..i~, 2006• Notary Public' ' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Loper, Notary Public Camp HiN Boro, Curr>berland Courriy My Canmissan E~ires 00. 27, 2007 Member. Pennsylvania Association Of Notaries IN RE: WILBUR R. W. HUBLEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LATE OF MECHANICSBURG PENNSYLVANIA. DECEASED ORPHANS' COURT DIVISION AFFIDAVIT OF DEBRA K. WALLET I, Debra K. Wallet, Esquire, being duly sworn according to law, depose and say that the following statement is true and correct to the best of my personal knowledge: 1. I am an attorney admitted to the practice of law in the courts of the Commonwealth of Pennsylvania since 1976. 2. On January 9, 2006, I personally met with Wilbur R. W. Hubley who wanted to write a new Will because his wife had died and his son was at that time incarcerated at the State Correctional Facility in Camp Hill, Pennsylvania. 3. At Mr. Hubley's direction, I prepared a draft of a Will which was sent to him for his review on January 23, 2006. 4. On February 2, 2006, the Decedent signed the Will in my presence in my office in front of my secretary and notary, Mary M. Loper. Another staff member at that time served as a witness to the Will signing. 5. It is my professional and personal opinion that Mr. Hubley had testamentary capacity at the time I first met with him and at the time that he signed the Will on February 2, 2006. 6. I had no further contact with Mr. Hubley after February 2, 2006. Wtr,A~w 'IG ~•a" DEBRA K. WALLET Sworn and subscribed to before me this day of A~ ~ \ , 2011. -r- ~~7~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notenlel Seal Mary M. Loper Notary Pubic ~Conniliesion E>gllras OdOd ~ 1 Member. Pennsylvania Assoclatbn of Notaries IN RE: WILBUR R. W. HUBLEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LATE OF MECHANICSBURG PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION AFFIDAVIT OF MARL W. W. HUBLEY I, Mazc W. W. Hubley, being duly sworn according to law, depose and say that the following statement is true and correct to the best of my knowledge and belief: 1. I am the only child of Wilbur R. W. Hubley. My mother died January 2, 2003. 2. I am currently incarcerated in the State Correctional Institution at Camp Hill and I do not expect to be released during my natural lifetime. 3. I had frequent discussions with my father regazding his Last Will and Testament and he provided me with a copy of this Will which is the document attached as Exhibit A to the Petition to Probate Copy of Will. 4. To the best of my recollection, I never saw the original of this Will. Based upon discussions with my father, I believed that the original Will was in a safe deposit box or kept by the Office of Aging, Cumberland County. 5. At one point, my father mailed to me a copy of this Will on which he had affixed his signature in blue ink above the copied signatures. My father told me that he did this so that I would have a "legal document" in my possession. 6. My father frequently made reference to this Will and assured me that Jo Ann Shepp Burns and Lou Ann Shepp Houck had agreed to serve as Executrices of his Estate and he both referenced the Will appointing them as Co-Executrices and gave me a copy. 7. My father assured me often that all money left after the payment of his final bills would come to me. We frequently discussed the concept of an annuity which is referenced in Paragraph SECOND of this Will. 8. My father never said anything which would suggest that he no longer wanted this to be his Will or that he had made a later Will. 9. It is my wish, as Wilbur R. W. Hubley's only child, that Letters Testamentary be granted to Jo Ann Shepp Burns and Lou Ann Shepp Houck because it is not practical for me to perform these duties from prison. 10. I am giving this Affidavit at the request of Debra K. Wallet, Esquire, who has agreed to serve as attorney for Jo Ann Shepp Burns and Lou Ann Shepp Houck. I agree that Attorney Wallet, who was my father's lawyer, should perform these duties in settling my father's. Estate. Sworn and subscribed to before me this _ ~- day of !t/l a ,~ ~'~ , 2011. ~/~ MARC W. W. HUBLEY 1 P N 1 WANIA NOTARIAL SEAL LIZHU 2}IOMIr3, Notary Public flelrrpdart 74rp., C1Nnbarlatld Couruy MY CortwrAeelon EHpina Auptat 3, 2014 Notary Publi 1N RE: WILBUR R. W. HUBLEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LATE OF MECHANICSBURG PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION AFFIDAVIT OF JO ANN SHEPP BURNS I, Jo Ann Shepp Bums, being duly sworn according to law, depose and say that the following statement is true and correct to the best of my knowledge and belief: 1. I am the niece of the wife of Wilbur R. W. Hubley. 2. I have been close to my uncle during his lifetime and visited him many times at his Camp Hill home and later at his room at Country Meadows in Mechanicsburg. 3. I had frequent discussions with my uncle regarding his Last Will and Testament and he provided me with a copy of what he described as his Will. My copy has the same text as the document attached as Exhibit A to the Petition to Probate Copy of Will. 4. Before his death, I saw a sealed envelope which I believe contained the original Will. Later my uncle told me that the original Will would be in a safe deposit box. 5. After my uncle's death, I found a safe deposit box at PNC -Cedar Cliff Mall and did a Will search. There was no will in this safe deposit box. I have tried unsuccessfully to find the original Will among my uncle's belongings with the Cumberland County Agency on Aging and the Keystone Guardians, both agencies that took care of my uncle at one time. 6. While going through my uncle's possessions and many photographs, I found a picture of a metal box sitting on top of a pink file cabinet with reference notes about the contents of the metal box. He indicated the metal box contained important papers and the original Will. After going through the box several times, there was only the copy of the Will, attached as Exhibit A to the Petition, not the original. 7. My uncle frequently made reference to this Will and assured me that Lou Ann Shepp Houck and I would serve as Executrices of his Estate. He wanted me to do what I could to ensure that all money left after the payment of his bills would go to his son. We often discussed the concept of an annuity which is referenced in Paragraph SECOND of this Will and I know that this was what he wanted me to do with the money. 8. I believe that my uncle intended this Will to be utilized to settle his Estate after his death and he never said anything which would suggest that he no longer wanted this to be his Will or that he had written a later one. ANN SHEPP BURNS Sworn and subscribed to before me this ~~' day of ~~ l , 2011. Notary Publi COMMONNIEALTH OF PENNSYLVANIA Nofaltel SCI Mary M. Loper. Notary Public Camp FN Bor0. Curribedand CotadY My Convrlissfon F.~iree Oct. 27, 2011 Member, Pennsylvania Association of Notaries IN RE: WILBUR R. W. HUBLEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LATE OF MECHANICSBURG PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION AFFIDAVIT OF LOU ANN SHEPP HOUCK I, Lou Ann Shepp Houck, being duly sworn according to law, depose and say that the following statement is true and correct to the best of my knowledge: 1. I am the niece of the wife of Wilbur R. W. Hubley. 2. I have been close to my uncle during his lifetime and visited him many times at his Camp Hill home and later at his room at Country Meadows in Mechanicsburg. 3. I had frequent discussions with my uncle regarding his Last Will and Testament, together with my sister, Jo Ann Shepp Burns, and he provided me with a copy of what he described as his Will. My copy has the same text as the document attached as Exhibit A to the Petition to Probate Copy of Will. 4. Before his death, I saw a sealed envelope which I believe contained the original Will. I never actually saw the original Will. Later my uncle told me that the original Will would be in a safe deposit box. 5. I am aware of a safe deposit box at PNC -Cedar Cliff Mall. I was not present for the Will search but my sister told me there was no Will in this box. 6. My uncle asked me to try to fmd someone to serve as his agent in a Power of Attorney, but he always said that his Will would stay the same. 7. My uncle frequently made reference to this Will and assured me that Jo Ann Shepp Burns and I would serve as Executrices of his Estate. He wanted me to do what I could to ensure that all money left after the payment of his bills would go to his son. We often discussed the concept of an annuity which is referenced in Paragraph SECOND of this Will and I know that this was what he wanted me to do with the money. 8. I believe that my uncle intended this Will to be utilized to settle his Estate after his death and he never said anything which would suggest that he no longer wanted this to be his Will or that he had written a later one. L U~~EPP H~C { Sworn and subscribed to before me this 8~ day of ~Tr, ~ , 2011. Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarie! Seal Mary M. Loper, Notary Public Camp H Bono, Crrrtbeitarrd (?ountY My CArrrri~ion Ekes Od 27.2011 Member, Pennsylvania Association of Notaries IN RE: WILBUR R. W. HUBLEY LATE OF MECHANICSBURG PENNSYLVANIA DECEASED AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ORDER day of 2011, upon consideration of a petition to admit to probate a copy of the Last Will and Testament of Wilbur R. W. Hubley dated February 2, 2006, and this Court having been satisfied that the original has been lost, said Petition is GRANTED. The Register of Wills is directed to admit to probate the document attached to the Petition as Exhibit A as the Last Will and Testament of Wilbur R. W. Hubley and to grant Letters Testamentary to Jo Ann Shepp Burns and Lou Ann Shepp Houck, who will serve without bond, as specifically provided in the Will. J. Wesley Oler, Jr., Orphans' Court Judge