HomeMy WebLinkAbout06-08-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Florence A. Morris
a/k/a:
a/k/a:
a/k/a:
SS NO: 172-of-711o
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTIO:~1 `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 5/19/2010 _ and codicil(s) dated
(State relevant circumstances, e.g. renunciation, death of executor, eta;.)
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 person, and was not a
party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in
23 Pa. C.S.A. § 3323(g):
^ B. Grant of Letters of Administration
(If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate)
C. Petitioner(s), after a proper search, 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 ~~ection A and complete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was zlot 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 foll~s:
~.xi,.,C Aauress Relate i to DecEde
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USE ADDITIONAL SHEETS iF NF.CF,SSARY f,,,,7 C
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THIS SECTION MUST BE COMPLETED: ~''``
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence
At _4905 E. Trindle Road, Mechanicsbur ,Hampden Township, Cumberland County, F~ennsylvania 17050
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then 92 years of age, died 5/30/2011 at 4905 E. Trindle Rci., Mechanicsburg, PA 17050
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
(Month, Day, Year of death)
Deceased ESTATE NO: 21- ~" ~ ~J'
~~ -
(City and State where death occurred)
All personal property $
Personal property in Pennsylvania $
Personal property in County $
Total Estimated Value $
Location of Real Estate in Pennsylvania: (Provide full address if possible.)
Signature(s)
2,500,000.00
0.00
0.00
0.00
2,500,000.00
Name(sl & Mailinu Adrlresclecl
Robert A. Morris, 6353 N. Powderhorn Rd., Mechanicsburg, PA
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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 la~v.
Sworn to or affirmed and subscribed
bef e me this ~ day of
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For the Register
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DECREE OF PROBATE AND GRANT OF LETTERS, <-- ~ ,~~
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Estate of Florence A. Morris ,Deceased File Number: 21-~ -cn
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AND NOW, this day of /~ ~ ~/ , in consideratio he Peton cif
the reverse side hereon, satisfactory proof awing been presented before me, IT IS DECK that L'~tter~.~,
x Testamentary _ of Administration are hereby granted to: ~
(If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.)
Robert A. Morris in
the above estate and that instruments(s) dated s/19/2oio df;scribed in the petition be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent.
Glenda Farner Stras
Register of Wills
FEES:
Letters ....................$ 1,410.00
Will ....................... ts.oo
Codicil(s) ...............
(8) Short Certificates 32.00
( )Renunciations.......
Bond ............................
Other .............................
Automation FEE......... 5.00
JCS FEE .................. 23.50
TOTAL ................$ 1,485.50
Signature of Counsel R~uired to Enter Appearance
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Atty's Signatur
PRINTED Name: .lames D Bogar
Supreme Court ID No.: 19475
Address: 1 west Main Street
Shiremanstown, PA 17011
Phone: (717;)737-8761
Fax: (717;1737-2086
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2
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~c OATH OF SUBSCRIBING WITNESS(ES)
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~~ r~ ~ u j REGISTER OF WILLS
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~ CUMBERLAND
COUNTY, PENNSYLVI~NIA
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Estate of Florence A. Morns
Deceased
James D. Bogar and Jennifer B. Hipp , (each) a subscribing witness to
(Print Name/s)
the ~ Will Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and
say(s) that she / he /they was /were present and saw the above Test~~tor /Testatrix sign the same
and that she / he /they signed the same and that she / he /they signedl as a witness at the request of
the Testator /Testatrix in her /his presence and in the presence of ea~~h other.
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(Signat re) (Si ure),
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1 West Main Street 1 West. ain Street:
(Street Address) (Street Address)
Shiremanstown, PA 17011
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
day
of ,
Deputy for Register of Wills
Shiremanstown, PA 17011
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this 7 ~ day
of ~..- ,rZ,~_ ~c~ ~ ~
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Notary Public (J U
My Commission E~spires:
(Signature and Seal of Notar}~ or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrume~rt(s) at time of notarization.
Form RW-03 rev. 10.13.06 S~~ ~~ ~~E~~~(,~,
MY COMMISSION E>~iRE$ AUGUST 3 2013
LAST WILL AND TESTAMENT
OF
FLORENCE A. MORRIS
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I, FLORENCE A. MORRIS, of Mechanicsburg, Cumberland
County, Pennsylvania, make, publish and declare i~his as and for
my Last Will and Testament, hereby revoking all other Wills and
Codicils heretofore made by me.
FIRST: I devise and bequeath all the rest, residue and
remainder of my estate of whatever nature and whE~rever situate,
including any property over which I hold power oj= appointment and
together with any insurance policies thereon, in equal shares, to
my children, ROBERT A. MORRIS, VIRGINIA K. BRENNF~MAN, ALAN D.
MORRIS, and PAUL A. MORRIS, provided that should any of my
children predecease me, I give and bequeath such child's share
unto his or her issue per stirpes by representation and if there
be a failure of same, I give and bequeath such dE~ceased child's
share, in equal shares, to my surviving children as provided
herein.
SECOND: Should any of my grandchildrer.~ not have
attained the age of twenty-three (23) years at tree time for dis-
tribution to him or her, I give, devise and bequE~ath the share of
each such grandchild to my hereinafter named Trustee or Trustees,
IN SEPARATE TRUSTS, to hold, manage, invest and reinvest the
shares so received, and to use and apply from time to time such
portion of income and principal for the said grandchild's
education (including college, trade school or other similar
training or education), as my Trustee or Trustees, in their sole
discretion, deem advisable. The Trustee or Trustees, in
exercising their discretionary authority with respect to the
payment of income or principal of the within Trust to my grand-
children, shall take into consideration any income or other
resources available to my grandchildren from sources outside this
Trust.
Any income or principal not so applied shall be dis-
tributed to each grandchild when he or she attains the age of
twenty-three (23) years. In the event any of my grandchildren
die prior to the termination of this Trust established herein for
their benefit, the interest of said grandchild i~Z said Trust
shall cease with any income and principal being divided evenly
between or among that deceased grandchild's brothers or sisters
or the separate Trusts established hereunder for their benefit
and, in the absence of any brothers or sisters, or any Trusts
established hereunder for their benefit, to my ot=her arandchil-
dren, or the Trusts established hereunder for thE~ir benefit, in
equal shares.
THIRD:In addition to all powers granted to them by law
and by other provisions of this Will, I give the fiduciaries
acting hereunder the following powers, applicablE~ to all proper-
ty, exercisable without court approval and effective until actual
distribution of all property:
(A) To sell at public or private sale, or to lease,
for any period of time, any real or personal prod>erty and to give
options for sales, exchanges or leases, for such prices and upon
such terms (including credit, with or without security) or
conditions as are deemed proper. This includes the power to give
legally sufficient instruments for transfer of th.e property and
to receive the proceeds of any disposition of it.
(B) To partition, subdivide, or improve real estate
and to enter into agreements concerning the partition, subdivi-
sion, improvement, zoning or management of real estate and to
impose or extinguish restrictions on real estate.
(C) To compromise any claim or controversy and to
abandon any property which is of little or no value.
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(D) To invest in all forms of property, including
stocks, common trust funds and mortgage investment funds, without
restriction to investments authorized for Pennsylvania fiduci-
aries, as are deemed proper, without regard to a~zy principle of
diversification, risk or productivity.
(E) To exercise any option, right or ~~rivilege granted
in insurance policies or in other investments.
(F) To exercise any election or privilege given by the
Federal and other tax laws, including, but not nE~cessarily being
limited to, personal income, gift and estate or :inheritance tax
laws.
(G) To make distributions to my herein named benefici-
aries in cash or in kind or partly in each.
(H) To borrow money from themselves o~- others in order
to pay debts, taxes, or estate or trust administz-ation expenses,
to protect or improve any property held under my will, and for
investment purposes.
(I) To select a mode of payment under any qualified
retirement plan (pension plan, profit sharing plain, employee
stock ownership plan, or any other type of qualified plan) to the
extent the plan or the law permits them to do so, and to exercise
any other rights which they may have under the plan, in whatever
manner they consider advisable.
(J) In dealing with any proprietorshi~~, partnership
interest, stock of any solely owned or closely held corporation,
or any other business or professional interest included in my
estate or any trust under my will (all of which are referred to
as "the business" in the following subparagraphs), and without
regard to any rule respecting conflict of interest, the fiduci-
aries acting hereunder are authorized to:
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(1) Retain all or any part of the business as
long as they consider advisable, regardless of a:ny principle of
law concerning investment diversification;
(2) Sell all or any part of the ]~usiness when-
ever, for whatever price, on whatever terms and ~~onditions, and
to whatever organizations, entities, or individu<~ls, including
fiduciaries under my will, they consider advisable;
(3) Do anything they consider ad~risable with
respect to operating or liquidating the business or with respect
to any change in the purpose, form, or organizat:~on of the
business;
(4) Participate directly in the management of the
business, or render professional services to it, and receive
reasonable compensation from the business;
(5) Delegate authority to any sh~ireholder,
director, manager, agent, partner, or employee, ~~nd approve
payment of reasonable compensation from the busir.~ess;
(6) Consent for the business to f>e taxed in
accordance with the provisions of Subchapter S of the Internal
Revenue Code;
(7) Borrow money from the banking department of
any bank executor or bank trustee that may serve under my will;
and
(8) Make additional investments in or make
advances to the business if that action appears to be in the best
interests of my estate or any trust under my will and the benefi-
ciaries of my estate or the trust.
FOURTH: I nominate and appoint my son, ROBERT A.
MORRIS, as Trustee of the hereinabove described trusts. In the
event of the death, resignation or inability to serve for any
reason whatsoever of the said ROBERT A. MORRIS, I nominate and
appoint my daughter, VIRGINIA K. BRENNEMAN, as Trustee of the
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hereinabove described trusts. I direct that my 'T'rustee or
Trustees shall serve without bond and shall receive fair and
reasonable compensation.
FIFTH: I direct that all inheritance, estate,
transfer, succession and death taxes, of any kind. whatsoever,
which may be payable by reason of my death, whether or not with
respect to property passing under this Will, sha:Ll be paid out of
the principal of my residuary estate.
SIXTH: All interests hereunder, whethE~r principal or
income, which are undistributed and in the posse:~sion of the
fiduciaries acting hereunder, even though vested or distribut-
able, shall not be subject to attachment, execution or sequestra-
tion for any debt, contract, obligation or liabi]_ity of any
beneficiary, and furthermore, shall not be subject to pledge,
assignment, conveyance or anticipation.
SEVENTH: I nominate and appoint my sore, ROBERT A.
MORRIS, Executor of this, my Last Will and Testament. In the
event of the death, resignation or inability to ~;erve for any
reason whatsoever of the said ROBERT A. MORRIS, I: nominate and
appoint daughter, VIRGINIA K. BRENNEMAN, Executrix of this, my
Last Will and Testament. I direct that my Executor or Executrix,
Trustee or Trustees, as the case may be, and their successors,
shall not be required to post security or a bond for the
performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last Will and Testament, this ~*~' day of
2010.
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( SEAL )
FLORENCE A. MO RI
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Signed, sealed, published and declared by the above-
named Testatrix as and for her Last Will and Testament in our
presence, who, at her request, in her presence a~zd in the
presence of each other, have hereunto subscribed our names as
attesting witnesses.
Address
Address
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