HomeMy WebLinkAbout09-22-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS /n~~
Estate of Edward K Masland ,Deceased ESTATE NO: 21- ~ ~ - L lJ~
a/k/a: Skip Masland
a/k/a:
a/k/a: SS NO: 174-20-8046
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. (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 7/25!2006 and codicil(s) dated
(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 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
(Itapplicable, enter d.b.n., pendent lite, durance absentia, duraute miuoritate)
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 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:-
Name
Address
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USE ADDITIONAL SHEETS IF NECESSARY "- ~ _
THIS SECTION MUST BE COMPLETED: D ---~ • •. `;~
Decedent was domiciled at death in Cumberland Cottnty, Pennsylvania, with his/her last family or principal residence c'
At 1306 Georcetown Circle, Carlisle, PA 17013, Borough of Carlisle
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then 82 years of age, died 8/30/2011 at Carlisle, PA
(Month, Day, Year of death) (City and State where death occurred)
Estimated value of decedent's property at death:
If domiciled in PA All personal property $ 85,000.00
If not domiciled in PA Personal property in Pennsylvania $
_If not domiciled in PA Personal property in County $
-Value of Real Estate in Pennsylvania $ 250,000.00
Total Estimated Value $ 335,000.00
Location of Real Estate in Pennsylvania: (Provide full address if possible.) 1306 Georgetown Circle, Carlisle, PA 17013
~' Signature(s) Name(s) & Mailing Address(es)
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mrenm roan tcw-uz rev~sea iz.zb. iU by Cumberland County pending action by the Court Page 1 oft
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
before me this do~. da of
~~~~~~r
(~~o i~,Q U ~PGt~
For the Register
DECREE OF PROBATE AND GRANT OF LETTERS
Estate of Edward K Masland ,Deceased File Number: 21-~-
AND NOW, this ~_ day of `gyp ` [~ (~ (- ~~ ~ ~ , in consideration of the Petition on
the reverse side hereon, satisfactory proof h ving been presented before me, IT IS DECREED that Letters
x Testamentary of Administration are hereby granted to:
(ItappGcable, enter at.a., d.b.n., d.b.n.c.t.a„ etc.)
Albert H. Masland in
the above estate and that instruments(s) dated 7/z5/zoo6 described in the petition be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent.
FEES:
Letters .................... $
Will ........................
Codici 1(s) .................
( ~} Short Certificates ,~(~
( )Renunciations.......
Bond ............................
Other .............................
.... .
Automation FEE......... 5.00
JCS FEE ................... 23.50
~(~3- 5v
TOTAL ................$ --~8:-5~
,.C1LGl ~rn Q~~,r c~ ~!~w
Glenda Farner Strasbaugh, .~ f ~r-~.Qq, C;2Q, (>.
Register of Wills
Signature of Counsel l~quired to Enter Appearance
Atty's Signature ___
PRINTED Name: ohn C Oszustowicz
Supreme Court ID No.: 37076
Address: 104 S HanoverSt
Carlisle, PA 17013
Phone: 717-243-7437
FaX: 717-258-8379
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2
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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 17728058
This is to certify that the information here given is
correctly copied from an original Certificate: of Death
duly filed with me as Loca] Registrar. The original
certificate will be forwarded to the Sate Vital
Records Office for permanent fi]ing.
~~.t~~eu:~~tbE~ s~~ ~ o
Local Registrar Date Issued
Certification Number
H70a~113 REV 11/2038
TYPE / PRB1T IN
PERMANENT
BucK INK
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CERTIFICATE OF DEATH ~ , -_ ``•~ ~
(See Instructions end examples on reverse) r,,,<<„ ~,,,,,,e~e . _ "C1
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dward K
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. Male 174 - 20 - 8046 A ust 30, 2011
5. Age Bap Bteldey) lpldu 1 Uritler 1 da 8. Dah d 9M Halm, 7. end akk a can BA Pka d Dum Check one
82 ~°°` D"` 1"°' H"A' March 5, 1929 Carlisle, PA "°`p"al ~I 01her
Yrs. ^ InpeBem L4 ER / Ou~etbnl ^ DOA ^ Nureeg Ibnle ^ Reaideres ^ Omer ~ Spealy:
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Robert Paul Masland Ruth le
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LAST WILL AND TESTAMENT :~ ~; `~ , %~'
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OF 7 ~ ~ rr
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EDWARD R. I~iSLAND ?;.-~~-, _. _ r
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I, EDWARD K. MASLAND, of Cumberland County, Pennsylvania,`--cIo
make, publish and declare this as and for my Last Will and
Testament, hereby expressly revoking all wills and codicils made
by me heretofore, and dispose of my estate as follows:
ITEM l: I direct the payment of my just debts, funeral, and
burial expenses, including a suitable and proper grave marker, as
soon as conveniently can be done following my decease.
ITEM 2: I direct that alI State and Federal Transfer
Inheritance Tax, Estate Tax, Succession Tax or any other tax,
including any interest, assessments or penalties thereon, that may
become due and payable by virtue of my death, or by virtue of the
passing of any property either under my Last Will and Testament,
or in any other manner, shall be paid by my estate, just as if
such taxes were my debts, and no beneficiary shall be required to
pay or refund any part thereof.
ITEM 3: All of the rest, residue and remainder of my
estate of whatsoever nature and wheresoever situate, I give,
devise and bequeath to my children, EDWARD K. MASLAND, JR.,
ALBERT H. MASLAND and RUTH HESSE, in equal shares. If a child of
mine does not survive me, that child's share of my estate shall
be given, devised and bequeathed unto the issue, per stirpes, of
such deceased child. If a deceased child of mine has no
surviving issue, that child's share shall lapse.
ITEM 4: In the event that any said beneficiary has not
reached the age of 25 at the date of my death, said beneficiary's
interest shall be held and administered in trust to be used
exclusively for their health, support, maintenance and education.
The Trustee is hereby empowered to pay out such income and/or
principal from the trust as he in his discretion sees fit to
provide for the health, support, maintenance and education of
said beneficiary.
The Trustee shall have the authority to do the following:
A. To hold, manage, invest and reinvest the principal so
received, and accumulation of income thereon, and to use, pay and
apply the income and the principal or so much thereof as in
Trustee's sole discretion may be necessary for the maintenance,
support, health and education of said beneficiary.
B. Payments authorized by this trust may be made by the
Trustee directly to the beneficiary, or may be made directly to
the person having custody and care of said beneficiary, or may be
made directly to any institution entitled to such payment by
reason of services rendered or to be rendered to said
beneficiary.
C. The amount to be paid for the benefit of the
beneficiaries shall be determined from time to time by him and
the amounts and times of said payments shall be determined by
such need.
I. All payments of principal and income hereby given shall
be free from anticipation, assignment, pledge or
obligations of the beneficiary, and shall not be subject
2
to any execution or attachment.
2. All principal and accumulated income, not otherwise
applied shall be distributed in equal shares to my
beneficiaries and the trust terminated according to the
following procedure:
1/2 of the trust estate at age 21; and
1/2 of the entire balance of the trust estate at
age 25.
If said beneficiaries are all older than 25 years when this
instrument takes effect, they shall receive their share
outright.
ITEM 5: If the trust in ITEM 4 takes effect, I appoint my
son, ALBERT H. MASLAND as Trustee; if he cannot or does not serve
then JOHN C. OSZUSTOWICZ, ESQ. shall be alternate Trustee. No
bond shall be required for any Trustee.
ITEM 6: In the administration of my estate my Executor shall
have the following powers without leave of court in addition to,
but not in limitation of, the powers granted by law to the
Executors of estates, which powers shall continue after the
termination of my estate until actual distribution of the assets:
A. To receive in the estate and to retain any assets, real
or personal, to which I may be entitled at the time of my death,
which my Executor may deem for the best interest of the estate
without being required to convert said assets into so-called
"legal investments".
B. To invest and reinvest in such securities as a prudent
3
investor of intelligence and discretion would buy for himself for
investment, and not for speculation, giving due regard to the
safety of the principal and the adequacy of the income, and
without being limited to the so-called "legal investments" of the
Commonwealth of Pennsylvania, said investment authority to include
the right to invest in any Discretionary or Legal Common Trust
Fund that may be administered and managed by a Corporate Executor
or Corporate Trustee.
C. To sell or buy real estate without Court order at public
or private sale; to make, execute and deliver or receive good and
sufficient deeds of conveyance and give or receive good title
therefor; to reinvest the proceeds as if they had originated in
personal property; to mortgage or encumber any real estate
comprising part of my estate, borrowing the necessary funds from
himself or from any other source; to improve any property or
otherwise expend principal funds for the upkeep and welfare of any
properties; to release, vacate and abandon the same; to grant and
acquire licenses and easements with respect thereto; to make
improvements to or upon the same; and in general to do all things
necessary in the management of the properties as if he is the
owner thereof, including the right to let property and to make
leases for any term. The purchaser shall not be required to see
to the proper application of proceeds but may pay the same over to
the Executor selling the same.
D. To make distribution hereunder in cash or of property and
securities in kind at fair market value at the time of such
4
distribution and in such a manner as to be fair, equitable and
just to all concerned. Distributions of property and securities
are not required to be identical among the beneficiaries, and some
may receive one type of property or security while another may
receive another type of property or security.
E. To exercise any election or privilege given by the
federal and other tax laws, including but not limited to, the
election of the alternate valuation date for federal estate tax
purposes, the election to claim deductions for federal estate tax
or for federal income tax purposes, and the election of the method
of payment of pension, profit-sharing, HR-10, individual
retirement account, and any other similar benefits. In addition,
my Executor, in his sole discretion, may make or not make
equitable adjustment among the beneficiaries, without the consent
of the beneficiaries, for the exercise or non-exercise of any
election or privileges.
ITEM 7: If, for any reason, a guardian over the estate of a
beneficiary or beneficiaries is needed or required, my Executor
shall be the guardian of the estate of such beneficiary or
beneficiaries, with the same rights, powers, privileges, duties
and responsibilities as I have given to him as Executor.
ITEM 8: All references in my Will to issue shall include
those born or adopted, either before or after the date of my Will.
Adopted persons shall be considered as children of their adoptive
parents, and they and their descendants shall be considered as
issue of their adoptive parents, regardless of the date of the
5
adoption.
ITEM 9: I nominate, constitute and appoint my son, ALBERT H.
MASLAND, to be the sole Executor of this, my Last Will and
Testament. If my son is unable or unwilling to serve or to
continue to serve as Executor, I appoint JOHN C. OSZUSTOWICZ, ESQ.
to be the sole Executor of this, my Last Will and Testament. No
Executor shall be required to give bond.
ITEM 10: Wherever the context requires, the masculine gender
shall include the feminine and neuter gender, and vice versa, and
the singular shall include the plural, and vice versa.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
~~day of _~ 2006.
WARD K. BLAND
Signed, sealed, published, acknowledged and declared by the
above-named Testator, EDWARD K. MASLAND, as and for 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 thereto.
of ~y~~ ~~ ~o~~ f~ C 4 ~ ~<~~ ~?orb
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6
.° ,~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, EDWARD K. MASLAND, Testator, who signed the foregoing
instrument, having been duly qualified according to law,
acknowledge that I signed and executed the instrument as my free
and voluntary act for the purposes t 'n containe
r
EDWARD AND
Sworn to or affirmed and acknowledged
before me by EDWARD K. MASLAND, the
Testator, this ?~ day of
u) 2006.
Notary Public
n I f n v ni
NOTARIAL SEAL
KIMBERLY R. LEO, Notary Public
Carlisle Borough, County of Cumberland
My Commission Expires Oct. 10, 2009
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
We, the undersigned witnesses who signed the foregoing
instrument, being duly qualified according to law, depose and say
that we were present and saw Testator sign and execute the
instrument as her Last Will and Testament; that she signed and
executed it willingly as her free and voluntary act for the
purposes therein expressed; that each of us in her sight and
hearing signed the Will as witnesses; that Testator is known to
each of us; and that to the best of our knowledge and observation
the Testator was at the time of sound mind and under no constraint
m n It f Pennsvly ni
NOTARIAL SEAL
KIMBERLY R. LEO, Notary Public
Carl'~sle Borough, County of Cumberland
My Commission Expires Oct. 10, 2009