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HomeMy WebLinkAbout06-02-11 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of J. Frederic Cox, II File Number ~ ~ also known as ,Deceased :>ocial Security Number David C. Cox Petitioner(s), who is/are years of age or older, apply(ies) for: (COMPLETE `A' or BELOW.) ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXecutOr_ named in the last Witt of the Decedent, dated and codicil(s) dated Stafe relevant circumstances, e.g., renunciation, death of executor, etc. After the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in Pa. C.S.A. § (g); did not have a child born or adopted; was not the victim of a killing; and was never adjudicated an incapacitated person, except as follows: t3. Grant of Letters of Administration (Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pedente liter durante absentia; durante minoritate) Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by the following spouse I;if any) and heirs (if Administration, c. t. a. or d. b. n. c. t. a., enter date of Will on Section A above 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 Pa. C.S.A. § (g), except as follows: Name Relationship Residence r..7 ~ - Y" ~ ' . -...m (COMPLETE /N ALL CASES:) Attach additional sheets if necessary. ~~p ~ ~°.r=., Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal-r8sidence at %-y ~ c.?o Gale Rd ,Camp Hill, Cumberland, PA (List street address, town/city, township, county, state, zip code) S Decedent, then years of age, died on at Decedent at death owned property with estim2ted values as fo!lo~ts: (If domiciled in PA) All personal property $ (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: Little Run Rd., Camp Hill, PA Gale Rd., Camp Hill, PA Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Signature Typed or printed name and residence David C. Cox Joyce Rd. n Camp Hill, PA C/ Form RW-02 Rev. (interim form, pending action by the Court) Copyright (c) form software only The Lackner Group, Inc. Page 1 of 2 ~ Oath of Personal Representative° ~ ~ ~ COMMONWEALTH OF PENNSYLVANIA `~?~t.-~~"j ~ % _ COUNTY OF Cumberland N - - ~ ~ ~ `"t"` The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true andtr~ thet of y..~ the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) wit[ ~ ~ truly - administer the estate according to law. ~ G.~ Sworn tour affirmed and subscribed ~ Sig ature of Personal Representative David C. COX ~g,~ befo~ re me this i~ _ d2y of / ~ r ~ Signature of Personal Representative - ~r For the Register Signature of Personal Representative File Number: - ~ 9 Estate of J. Frederic Cox, II Deceased Social Security Number: Date of Death: AND NOW, ~ ~ / ~ f~ ~ ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to David C. COX in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES - Letters $ ~ _ Short Certificate(s) $ ~ c.J Renunciation(s) $ Attorney Signature: Automation Fee $ Attorney Name: Marielle F Hazen, Esq. JCS Fee $ Supreme Court I.D. No.: Will $ Hazen Elder Law $ Address: Linglestown Road $ Suite $ Harrisburg, PA $ Telephone: TOTAL $ Form RW-OZ Rev. Copyright (c) form software only The Lackner Group, Inc. Page 2 of 2 Orrice t3uddhg, etc. (Speciry) d Cease of Oeam? ~ Neturel ? HankWe ? ~ ~ ~ ? Yes ? ~ Acadent ? Pending Irtvestlgatlon 32d. Time of Injury 32e. Injury at Work? II Transptxtadon tn)ury (Spedty) 32g. Location d Injury (Street, ary /town, state) ? Suites ? Could Not be Dhermmed M ? Yea ? No ? Drlver I Operate ? Passenger ?Pedestrtan Olfter • Spea/y: 33a. Certlfier (cfteck sty one) 33b. S'tgnaMe axl Tllle o ider ~j~ • CatMyMty phyekiat (Physiaart certilyMg cause of deem when another pftyaicfen nee prortoatced seam end competed dam , ~?~/~r/{/~n / • ' f To fits beat d my krowNdga, death occurred due to the eaues(s) and manner tie elated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ Y ~ ~ ~ • Pratotstdrg and rxrtllyMg phyhdart (Physiaan both prattwnting death and trer8lying to curse d deem) 33c. ~ 33d. Dafe Signed (Monet, y, year) To the bah d my knoMiedge, tkadt occurred h the time, daM, and place, std due to the cause(s) and manner ss hated.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ? • Yedltml Etmndner / Cararar On Ute beta of examination and / a inveadyation, M my opinion, death occurred a! tM time, date, and plus, and due to the ease(s) and manner as e4tad_ ? NaGna arts Address of P Who ed d Deem (dam T I 0 3 d ~ b7 I ~ I ~t I f I ~ I 3s. Data Rlea ( ,day, y~ . ~ Disposition Permit No. C="~ ~o c ~ ~ ~~~r LAST WILL AND TESTAMENT µ s r ~ OF ~ J. FREDERIC COX, II I, J. FREDERIC COX, II, now domiciled in Cumberland County, Pennsylvania, declare this to be my Last Will and Testament. I revoke all other wills and codicils that I may have previously made. Article I My just debts and expenses of my last illness, funeral, and administration of my estate shall be paid by my Executor from the principal of my residuary estate as soon as practicable after my death. Article II All inheritance, estate, and succession taxes (including interest and penalties thereon, but not including any generation skipping tax) payable by reason of my death shall be paid out of and be charged generally against the principal of my residuary estatE~ without reimbursement from any person. This provision is not a waiver of any right which my Executor has to claim reimbursement for any such taxes which become payable as the result of any property over which I have the power of appointment. Article III I give, devise and bequeath my tangible personal property in accordance with any memorandum I have handwritten or signed, located with my will or with. my valuable papers and found within days of the probate of my will. Gifts may only be to persons who survive me or I 1 t to organizations which exist at my death, and if there is a conflict, the memorandum having the latest date shall govern. To the extent no such memorandum is found, or all of my tangible personal property is not disposed of pursuant thereto, my tangible personal property shall be added to my residuary estate and pass under Articles IV and V hereof. Article IV If my spouse, KATHERINE C. COX, survives me by one hundred seventy days, I give, devise and bequeath to my spouse cash, securities or other property of my estate having a value equal to the amount, if any, that my spouse would be entitled to receive if she exercised her elective share rights as set forth in section et seq. of the Pennsylv<~.nia Probate, Estates and Fiduciaries Code (the "PEF Code"); provided, however, that this bequest shall be reduced to the extent my spouse has waived the right to elect under PEF Code section or forfeited the right to elect under PEF Code section In computing the amount of this bequest, it shall be assumed that my spouse has elected under PEF Code section 2204(c;) to retain all beneficial interests in property that she would otherwise be required to disclaiim if she exercised her elective share rights. Provided my spouse survives me for one hundred seventy days and she has not waived or forfeited her elective share rights, it is my intention, that as << result of my death, she receive property having a value equal to (but not more than) that which she would receive if she were to exercise her elective share rights. My Executor shall have the sole discretion to select the assets which shall constitute this bequest. If my spouse does not survive me by one hundred seventy days, or in the event my spouse (or her legal representative) disclaims any portion of this bequest, this bequest, or the disclaimed portion thereof, shall be distributed as part of my residuary estate. 2 ~ ~ ~ ~ This bequest shall be distributed, in trust, to my hereinafter-named Trustee to be held, administered and distributed as follows: A. To expend and apply so much of the net income and so much of the principal of the Trust as the Trustee shall consider advisable for the support, health, and care of KATHERINE C. COX, for the remainder of her lifetime. B. In the event of KATHERINE C. COX's death, the trust shall terminate, and the remaining principal and accumulated income of the trust shall be distributed to my son, DAVID C. COX, of Cumberland County, Pennsylvania, per stirpes. C. No beneficiary or remainderman of this Trust shall have any right to alienate, encumber, or hypothecate his interest in the principal or income of the 'Trust in any manner, nor shall any interest be subject to claims of his creditors or liable to attachment, execution, or other processes of law. D. I hereby appoint my son, DAVID C. COX, as Trustee oaf any Trust(s) created in this Will for the benefit of my spouse. E. In order to carry out the purposes of the Trust established by this Will for the benefit of KATHERINE C. COX, the Trustee, in addition to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitations specified elsewhere in this Will: (a) to retain in the form received and/or to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein; (b) to manage real estate; (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification; 3 ut , 1 +l (d) to exercise any option or right arising from the ownership of investments; (e) to compromise claims without court approval and without consent of any beneficiary; (f) to file fiduciary/income tax returns and pay the tax due for any year for which such a return is required; (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property; (h) to the extent any trust hereunder is the beneficiar~~ of a Retirement Account (as hereinafter defined) my Trustee shall draw the benefits from the Retirement Account in amounts sufficient to meet the minimum distribution requirements of IRC Section 401(a)(9) and the regulations thereunder (the "Required Minimum Distrib~~tion"). Notwithstanding any provision of the trust to the contrary, the Required Minimum Distribution shall be paid to or applied for the benefit of the income from such trust, or if there is more than one income beneficiary, my Trustee shall make such distribution to such income beneficiaries in the proportion in which they are beneficiaries or if no proportic+n is designated in equal shares to such beneficiaries. "Retirement Account" means a plan qualified under IRC Section or an individual retirement arrangement under IRC Sc;ction or a Roth IRA under IRC Section 408A, or atax-sheltered annuity under IRC Section or any other benefit subject to the distribution rules of the IRC Section 401(a)1;9), or the corresponding provisions of any subsequent federal tax law. It is my intention that this trust qualify as a "conduit trust" under IRC Section 401(a)(9) so that the trust beneficiaries shall be considered designated beneficiaries for purposes of the minimum distribution rules, and that distributions may therefore be taken over the trust beneficiary's life expectancy (or the life 4 ~ ~ expectancy of the oldest trust beneficiary). The Retirement Accounts shall not be subject to the claims of any creditor of my estate and they shall not be applied to the payment of my debts, taxes or other claims or charges against my estate unless and until all other assets available for such purposes have been exhausted, and even then only to the minimum extent that would be required under applicable law in the absence of an~,~ specific provision on this subject in this my Will; (i) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; to pay from my estate reasonable compensation for all their services; (j) to conduct alone or with others, any business in which I am engaged in or have an interest in at the time of my death; and (k) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. Article V All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath to my son, DAVID C. COX, pe~° stirpes. If DAVID C. COX fails to survive me by thirty days, but leaves descendants v~~ho survive me by thirty days, those descendants shall receive, per stirpes, the share he would have received had he survived me by thirty days. Article VI It is my intent that all life insurance, annuities, individual retirf;ment accounts and any other assets in which I may designate a beneficiary will pass to the beneficiary that I have named and will not be controlled by the provisions of this Will. It is also my intent that any assets I own 5 jointly with another with rights of survivorship or a presumed right to survivorship which such joint ownership was created before or after this Will, will pass to the surviving joint owner and will not be controlled by the provisions of this Will. Article VII I nominate, constitute and appoint my son, DAVID C. COX, as Executor of my Last Will and Testament. I direct that my Executor be permitted to serve witYiout bond. In addition to those powers granted by law, I grant them power to distribute in cash or in kind, in like or in unlike shares, and to file any qualified disclaimer I could have filed if living. My Executor shall receive reasonable compensation for services rendered to my estate. Article VIII In addition to the powers conferred by law, I authorize my >=?xecutor in his absolute discretion: (a) to retain in the form received and to sell either at public or private sale, any real estate or personal property except that which I specifically bequeath herein, (b) to manage real estate, (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principal of diversification, (d) to exercise any option or right arising from the ownership of investments, (e) to compromise claims without court approval and v~rithout consent of .any beneficiary, (f) to file any federal income tax return for any year for which I have not filed such return prior to my death, 6 . ' (g) to make distributions in cash or in kind, or in both, and to determine the value of any such property, (h) to employ any attorney, investment advisor, or other agent deemed necessary by my Executor; and to pay from my estate reasonable compensation for alll their services, (i) to conduct alone or with others, any business in which I am engaged in, or have an interest in at time of my death, (j) to disclaim, in whole or in part, any property or interest therein which passed to me or which was created for my benefit, for any reason in the discretion of my Executor, and (k) to receive reasonable compensation in accordance with their standard schedule of fees in effect while their services are performed. IN WITNESS WHEREOF, I, J. FREDERIC COX, II, hereby set my hand to this my Last Will and Testament, on 2 ~ , at Harrisburg, Pennsylvani . . _ . FREDERIC COX, II In our presence, the above-named J. FREDERIC COX, II signed this and declared this to be his Last Will and Testament and now at his request, in his presence, and in the presence of each other, we sign as witnesses. Name Address Lin~lestown Rd., Suite Harrisburg, PA ~l ~ Linglestown Rd., Suite Harrisburg PA 7 . r , j I, J. FREDERIC COX, II, Testator, who signed the foregoing instrument, having been duly qualified according to law, acknowledge that I signed and execul:ed this instrument as my Will, and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and Acknowledged before me by J. FREDERIC COX, II, the Testator on `~nf 2 / 1 `f ~ ~ ~ G~+~ Notary Public FREDERIC COX, II Ct~MMC7NWfrALTH Oi~ P'E'NNSYLVANIA Notarial Seai Melissa M. iCain, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Aug.11,2010 We, the undersigned witnesses who signed the foregoing instrument, being duly qualified according to law, depose and say that we were present and saw the Testator sign and execute this instrument as his Will; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed; that each of us in his sight and hearing signed the Will as witnesses, and that to the best of our knowledge, that he was at that time eighteen years or more of age, of sound mind, and under no constraint or undue influence. Sworn to or affirmed and Subscribed to before me by ~Y1 ~tR; ~ ~ c~ ~92fN /v and ~y~t,k ~ P~~i~ Witnes witnesses, on ~v'n ~ ~ ~ , Witn Notary Public COMMON'VEF~I_ a O~ F~'i=NNSYLVANIA Nvt<~rial Seal Melissa M. Kain, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Aug. g