HomeMy WebLinkAbout05-23-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF cuMBERV+nIo
Es[ate of Anna E. Llddlck
also known as
Deceased
COUNTY, PENNSYLVANIA
File Number CS~~ ' 0~-y//~ V t0 ~~
Social Security Number 179-12-0533
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 /are the Executor
last Wilf of the Decedent dated oaobara, 1994 and codicil(s) dated
named in the
(State relevant circumstances, e.g., renunciation, death of execulvr, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child barn or adopted after execution of the
was not the victim of a killing and was never adjudicated an incapacitated person, and was not a party to a pending divorce r
wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323(g):
B. Grant of Letters of Administration
(Ifappticable, enter: e.t.a.; d.b.n.c.t.a.; pendentelite; daranteabsentiu; n
Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the following
Administration, e.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Name
(COMPLETE IN ALL CASES:) Attach additional shee[s if necessary.
t(s) otl~ped for
at the time of ~
^~
r?C~
,~
~}teirs:.
n1'~
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
319 4th Street, Box 161, Summerdale, PA 17093
(List ,rtreet address, town/ci>7r, townchip, cormty, stole, zip code)
Decedent, then 93 yeazs of age, died on May 7, 2011 at Holy Spirit Hospital
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $~ C7Qe~
(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
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 [o
the undersigned:
~~~~ ~' ~~,~~~~ /~, I Charles E. Liddick, Jr., 4236 Lakeview Parkway, Locust Grove, VA 22508
Furor R11~=(l1 rev. /0.l3. (l6
RW-02
Page 1 of 2
IUvW
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 law.
Sworn to or affirmed and subscribed Gr~ ~ c;Y~
befor a this ~~ dj~y of Y
/ ~
„t.
N
C:
or the Register ~
DECREE OF PROBATE AND GRANT OF LETTE~S ~ ~~
~~---- o
Estate of ~nnCL l: ~ [ ~ ,Deceased File Number: 21-~~- Q~S
AND NOW, this "day of ~,( Q~ fJ(~ , in consideration of the Petition on
the everse side hereon, satisfactory proof havin een presented before me, IT IS DECREED that Letters
Test/lamentary _ of Administration are hereby granted to:
1 ~ ., .. I _ ., ..._ 1 ~ ~~r aPP~eag0. enter aLa., d.b.n., d.b.n.ata., etcJ
the above estate and that instruments(s) dated 1~e1
admitted to probate and filed of record as the last Will and
FEES:
Letters ....................$ //~~~
Will ........................__~~ 's~_
Co icil(s) .................
( )Short Certificates
( )Renunciations.......
Bond .............................
Other .............................
.................................
Automation FEE......... 5.00
JCS FEE ................... 23.5~0r1
TOTAL ................$ ~ ~' J v
~_ described in the petition be
of Decedent.
in
enda Farner Strasbau ,
Register of Wills ~ h J$ ~f
~,gnarure of ~,ounset xequtren t Winter Appearance
Atty's Signature 10
PRINTED Name: ~Q-(/G~' ~ ~~'~'l~,
Supreme Court ID No.: ~ ~ S S ~
Address: 5 i~h. -~p~,.r ~ / (~ G-~ B~.
Phone: ~7C'~~ 2~6-~,S(
Fax: C~/Z~ 236
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2
+os.eos R5v m+m~~
l1- ~Q5
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00 ,,,+~~~•y~--~--.., This is to certify that the information here given is
Y,,~~~~p,~tH OF pfyyf` - correctly copied from an original Certificate of Death
r ~ duly filed with me as Local Registrar. The original
~~o ~ 9z~ certificate will be forwarded to the State Vital
~~ y ~ ne Records Office for ermanent filing.
* ` *y~
P 17487810 ~=== ~;,,,
Certification Number }~~~9l~ENTOE„~~P°~~
Local Registrar Date Issued
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LAST WII,L AND TESTAMENT
OF
ANNA E. LIDDICK
I, Anna B. Liddick, a resident of, and domiciled in, Cumberland County, Pennsylvania,
do make, publish, and declare this to be my Last Will and Testament, in the manner following,
hereby revoking all of my previous Wills and Codicils (but not that certain T Agree~t
referred to in Articles II and IV herein, if the same be determined to be testamen nature
ARTICLE I ~ "'~
n~
w
SAL PROVISIONS ~ ~ ~
~,-,
(1) STATEMENT OF CITIZENSHIP Q
I declare that I am a citizen of the United States of America, and that my Social Security
Number is 179-12-4533.
(2) FAMII.Y MEI~~BBRS
At the time of the execution of this Will, I am a widow, and my children are: James B.
Liddick, Charles E. Liddick, Jr. and Peggy A. Bitting (hereinafter collectively and individually,
as the case may be, referred to as "my children" or "my child"). For purposes of this
instrument and for all other purposes, the terms "child," "children," "grandchildren,"
"descendants" and "issue" shall exclude adopted persons, step-children, step-grandchildren and
their issue; the temn "issue" shall include only the Testatrix's blood line descendants of whatever
degree. Furthenmore, for purposes of this instmment and for all other purposes, a person in
gestation, later born alive, shall be considered a person in being.
ARTICLE II
DEBTS AND TAXES
(1) PAYMENT OF DEBTS AND EXPENSES
I direct that all of my legally enforceable debts and expenses, including, but not limited
to, any expenses of my last illness, any funeral or cremation expenses (including, but not limited
to, the costs of memorials of all types and memoriat services), any allowances by court order
for those individuals dependent upon me, and any expenses of the administration of my estate
(including any expenses of any ancillary proceeding that may be necessary in another state or
country), be paid as soon as practical after my death by my Personal Representative, and I
hereby authorize and empower my Personal Representative, in the case of any claim made
against my estate, to settle and discharge any such claim, in the sole and absolute discretion of
my Personal Representative.
~;~'
~~
c-:
_,
-~
~~
ARTICLE IV
• RESIDUARY ESTATE
(1) RESIDUARY DISTRIBUTION
I give the balance of my estate, all of which is herein referred to as m resid ary estate,
to the Trustee of the Anna E. Liddick Revocable Trust dated ~ ~_
1994, to be administered by the terms provided in the said Trust Agreement as it now exists or
as it may be amended at the time of my death, notwithstanding that any such amendment or
amendments may have been made subsequent to this Will. It is not my intention to exercise airy
power of appointment I may have, except as any such power of appointment may be specifically
exercised. The receipt of the said Trustee under the said Trust Agreement shall be a full
acquittance and discharge to my Personal Representative for the property so distributed. Upon
distribution to the said Trustee, the administration of my estate shall cease with respect to the
assets passing to the said Trustee, and the said Trustee shall not be subject to the control of any
court in which my Will may be probated.
(2) SAVINGS PROVISION
If, for any reason, the aforementioned Trust Agreement shall not be in existence at the
time of my death, or, if for any reason, a court of proper jurisdiction shall declare this transfer
to the said Trustee of the said Trust Agreement to be invalid, then I direct that the residuary
estate shall be held, managed, invested, and reinvested in exactly the same manner described in
the said Trust Agreement, giving full effect to all of the then existing amendments to the said
. Trust Agreement, and the residuary estate shall be managed by the same Trustee (or, as
appropriate, the successor or successors therein named, as defined in that certain Trust
Agreement). Thus, for those purposes, I do hereby incorporate that certain Trust Agreement
by reference, into this, my Will. Notwithstanding the foregoing, if my Personal Representative
has presumptive evidence that the reason the said Trust Agreement is not in existence at the time
of my death is due to my intention and act to revoke the said Trust Agreement (by physical
destruction or otherwise), then it is my intention that my Personal Representative and any court
of proper jurisdiction shall, in good faith, ignore the diapositive scheme called for under the said
Trust Agreement, and instead, my estate shall be distributed in accordance with the controlling
intestacy laws then in effect.
4
•
ARTICLE V
• THE PERSONAL REPRESENTATIVE
(1) NOMINATION
.. .. .~ ~_' ,. • ~~' ~~~~i~~ In the event
that my Personal Representative is unable or unwilling to serve or to continue to serve in such
capacity for any reason, then I nominate Peggy A. Bitting as the First Successor Personal
Representative. In the event that my First Successor Personal Representative is unable or
unwilling to serve or to continue to serve in such capacity for any reason, then I nominate James
B. Liddick as the Second Successor Personal Representative.
(2) COMPENSATION
Any Personal Representative shall be entitled to compensation which is allowed to
Personal Representatives by the laws of the Commonwealth of Pennsylvania. Any Personal
Representative shall also be entitled to reimbursement for any expenses necessarily incurred by
any such Personal Representative in the administration of my estate.
(3) BOND
To the extent allowed by law, no Personal Representative shall ever be required to give
• bond or other security, to qualify, to make an accounting to any court under the provisions of
any present or future laws of any state or territory, or to obtain the approval or order of any
court in the exercise of any power or discretion herein given (unless otherwise provided in this
instrument).
ARTICLE VI
TH1? POWERS AND DUTLE.S OF THE PERSONAL REPRESENTATIVE
(1) GENERAL POWERS AND DUTIES
My Personal Representative, or any successor, shall be governed by the appropriate
provisions of the Pennsylvania Statutes, as amended, that are not in conflict with this instrument,
and shall have all of the additional powers and protection granted by statute to Personal
Representatives. In addition to, but not in limitation of, any common-law or statutory authority,
and without application to any court, the Personal Representative, or any successor, shall follow
the directions hereinafter given and shall exercise, in the Personal Representative's sole and
absolute discretion (unless otherwise provided in this instrument), the powers and responsibilities
hereinafter given. The aforementioned shall also apply to any Trustee, at the time of
application, with respect to any Trust Agreement created under this instrument.
• 5
(2) INVESTMENT AND OTHER POWERS AND DUTIES
With respect to both real and personal property, and for the purposes of obtaining funds
for the payment of any debts, expenses of administration, taxes, payment of devises, and for
making distributions, conversion into cash, management of property, and for every other
purpose, my Personal Representative may acquire, retain, invest, reinvest, exchange, lease, sell,
borrow, mortgage, pledge, transfer, and convey in any such manner, on any such terms, and
at any such times, all without limit, as my Personal Representative may deem advisable (unless
otherwise provided in this instrument), even if any such terms may extend beyond the expected
administration of my estate. No person dealing with my Personal Representative shall be
required to inquire into, or shall be held liable with regazd to, the necessity or propriety of any
transaction, nor as to the application of any money or property paid or delivered in connection
with any such transaction.
(3) POWER TO DISPOSE OF ESTATE ASSETS
upon any such terms as my Personal Representative shall deem advisable; to settle
and compromise any and all claims in favor of, or against, my estate as my Personal
Representative shall deem advisable; and for any of the foregoing purposes, to make, execute,
and deliver any and aU deeds, contracts, mortgages, bills of sale, or any other instruments
necessary or desirable therefor. My Personal Representative is expressly authorized to postpone
• the fmal distribution of my estate pending the final determination of any tax liabilities in
connection therewith.
(4) PAYMENTS OR DISTRIBUTIONS TO MINORS
In the event that there is to be a payment or distribution from my estate to a donee who
is a minor at such time, then at such time, as my Personal Representative's deems advisable,
any such payment or distribution shall be made by my Personal Representative (i) to any such
minor directly, (ii) to any such parent of the minor, (iii) to any such other person having custody
of the minor, (iv) to the legally appointed guazdian, conservator, or committee of any such
minor, or (v) to a custodian selected for any such minor under a Uniform Transfers to Minors
Act (or similar or successor statute), whether or not the applicable custodian is selected by my
Personal Representative or has already been serving as the said custodian. If there is no such
custodian, the applicable custodian may be appointed by my Personal Representative, and any
person or entity serving as my Personal Representative may be appointed as the said custodian
(unless otherwise provided in this instrument).
(5) CHARITABLE PLEDGES
My Personal Representative may pay any pledges made by me in writing, if, in the
discretion of my Personal Representative, I would have wanted such pledges paid.
• 6
(6) TAX MATTERS
• (a) Tax Returns: I specifically authorize and empower my Personal Representative
to execute and file any applicable income tax returns for the year in which my death occurs, and
for any years prior thereto. I also authorize and empower my Personal Representative to
execute and file any gift tax returns, if any such gift tax returns are required for the year in
which my death occurs, and for any years prior thereto. My Personal Representative shall incur
no personal liability for any action taken in good faith in accordance with either of the foregoing
authorizations.
(b) Tax Elections In General: I am cognizant of the fact that the provisions of the
Code, and any other applicable laws, in force at the time of my death and as applicable to my
estate, may permit my Personal Representative to elect to claim certain administration and other
expenses as deductions either in the income tax returns of my estate or in the estate tax return.
It is my desire that my Personal Representative elect to claim, from time to time, any such
expenses as deductions on the particular tax returns which, in my Personal Representative's
opinion, may result in the smallest combined taxes being paid, irrespective of whether any such
expenses shall be payable from the income or the principal of my estate. My personal
representative shall have the power to allocate to the income or the principal of my estate, in
whole or in part, any of the receipts and the disbursements of my estate, in my Trustee's
reasonable discretion (unless otherwise provided in this instrument). Also, my Personal
Representative is authorized, but not required, to make any adjustments, in the reasonable
discretion of my Personal Representative, between any property interests passing to any
• beneficiaries under this instrument which may be substantially affected as a result of any election
under this Article. It is my direction that any such property interests, which may be determined
as a result of my Personal Representative's reasonable discretion, shall, in fact, be the interests
that any such beneficiaries shall receive under this instrument.
(c) Generation-Skiing Transfer Tax Authorization: I have ex ressly thorized the
Trustee of the Anna E. Liddick Revocable Trust dated 1994, to
exercise, in the said Trustee's discretion, the allocation of any portion or all o my exemption
under Section 2631(a) of the Code to any property as to which I am the transferor, including any
property transferred by me during my lifetime as to which I did not make any such allocation
prior to my death. If Section 2631(a) of the Code is not interpreted as to allow a Trustee to
allocate the said exemption, then my Personal Representative is nonetheless directed to follow
the said Trustee's instructions with respect to the said exemption.
• ~
ARTICLE VII
• SIMULTANEOUS DEATH PROVISIONS
(1) OTHER BENEFICIARIES
If any beneficiary and I shall die under such circumstances that there is not sufficient
evidence to presumptively determine the order of our deaths, then it shall be presumed that I
shall have survived any such beneficiary, and my estate shall be administered and distributed in
all respects in accordance with such a presumption (unless otherwise provided in this
instrument).
ARTICLE VIII
JOINTLY-OWNED PROPERTY
If, at the time of my death, I am a joint owner, co-owner, or individual owner of any
real estate, bank account, or savings account in any commercial bank or savings institution,
bond, or any other security or instrument of indebtedness which is registered or issued in my
name and that of another person or persons, or any other property held as joint tenants with right
of survivorship, or which is payable to either a co-owner or to the survivor of them, then I give,
devise, and bequeath all of my right, title, and interest in any such property to the surviving
joint owner thereof. It is my understanding that all of my right, title, and interest in and to any
• such property will pass to any such surviving joint owner or owners upon my death by operation
of law, but I do, nevertheless, make these provisions in order to eliminate any question as to the
right of any such surviving joint owner or owners to succeed to the ownership of any such
property upon my death.
ARTICLE IX
RULES OF INTERPRETATION
(1) HEADINGS
The headings used in this instrument are for convenience only and shall not be resorted
to for any interpretation of this Will.
8
(2) MISCELLANEOUS
•
Whenever the context so requires, the masculine shall include the feminine and the
neuter, the feminine shall include the masculine and the neuter, the singular shall include the
plural, and the plural shall include the singular. If any portion of this Will is held to be void
or unenforceable, the balance of this Will shall, nevertheless, be carried into effect. Also, the
provisions of this Will shall be interpreted pursuant to the laws of the Commonwealth of
Pennsylvania, in which state I have made my domicile.
IN WITNESS WHEREOF, I have affixed my signature to this, my Last Wjll and
Testame y~con~is g of ten (10) typewritten pages, including the next page, on this ~ day
of ~~(/~*~~c`-~i , 1994.
~,
Anna E. Liddick, a trix
SIGNED, SEALED, PUBLISHED, AND DECLARED by the said Anna E. Liddick, as
the Testatrix's Last Will and Testament, in the presence of the undersigned who, at the
Testatrix's request and in the Testatrix's presence and in a presence of eac i o her, have
hereunto subscribed our names as witnesses thereto, this ~ day of ,
1994.
Witnesses:
Residence:
---_-=, ~ X70 93
s,ah ~
• 9
AFFIDAVIT OF PROOF OF WILL
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
We, Anna E. Liddick, L5y'a Gam- L . /~~ fog'
and u e d ,the Testatrix and the
(Witness)
witnesses, respectively, whose names are signed to the foregoing Last Will and Testament,
• Anna E. Liddick, Testate
~~~~ ~ ~~~
Witness
Witness
being first ~t~.y s~o hereby declare to the undersigned officer that on the day of
( f~ , 1994, the Testatrix signed, sealed, published, and declared
the foregoing instrument as the Testatrix's Last Will and Testament; that the Testatrix signed
the instrument as the Testatrix's free and voluntary act for the purposes therein expressed; that
each of the witnesses, in the presence and hearing of the Testatrix, at the Testatrix's request,
and in the presence and hearing of each other, signed the Last Will and Testament as a witness;
and that to the best of the knowledge of each of the witnesses, the Testatrix was at that time
eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence.
SWORN TO AND ACKNOWLEDGED BEFORE ME by the Testatrix, Anna E.
Liddick, and worn to and acknowled ed before me by
• and
the witnesses, this _~ day of CX~%(.o-~,-P~ ~ , 1994.
My Commission Expires:
Notarial Seal
• Pauline T. Serfass, Notary Public
MiHord Twp., Bucks Gaunly
My Commissron F~cpires Jan.27, i ss7
perrnsyNraniaAssocialion of
10
7-
Notary blic