HomeMy WebLinkAbout11-15-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLViiAN-I-1A
File Number 21 '~ - I o~~
Estate of Ph Ilis A. Morrow
also known as ,Deceased Social Security Number 162-22-4244
Ja K. Morrow Iles for:
Petitioner(s), who islare 18 years of age or older, app y(~ )
(COMPLETE A' or `B' BELOW.) named in the
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EX@CUtOr
® ~nfnAt4ggR and codicil(s) dated
last Will of the Decedent, dated - -
State relevant circumstances, e.g., renunaation, death of executor, efc.
After the execution of the documenten establ shedras provided iin 23 Pa. C.S A r§ 3323 (g)t did not have a child bom o~ adopted was n t tthe victim o
wherein grounds for divorce had be
a killing; and was never adjudicated an incapacitated person, except as follows:
No exceptions
B. Grant of Letters of Administratio Qf applicable, enter: c.t.a.; d.b.n.c.t.a.; pedenre lire; durance absentia; durente minoritate)
Petitioner(s), after a proper seafce ,enter data of X111 on Sect oDn A above and comlPlatdin twhee n)g o nds for d voice had beelen est bl'shedrasif
Administration, c.t.a. ord.b.n.pc to a pending divorce procee g
adjudicated az p carp s!A & 3323 (9), except as follows
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JJ VYp~vMr•~ ~--- -
(Liststreet address. town/city, township, county, state, zip co e
Holy Spirit Hospital, East Pennsboro Township, Cumberland Coun ,
Decedent, then ~_ Years of age, died on n7/1919n11 at Penns Ivania
Decedent at death owned property with estimated values as follows: 40 000.00
All personal property $
(If domiciled in PA)
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
$ Total 40,000.00
Value of real estate in Pennsylvania
situated as follows: NIA
rant of Letters in the appropriate form to
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presentedT Itp der pf rated name and res denCe
Si nature 33 Scarsdale Drive
Jay K. Morrow Camp Hill, PA 17011
1~~
Page 1 of 2
Form RIIV-02 Rev. 12-26-2010 (interim form, pending action by the Court) Copyright (c) 2006 form software only The Lackner Group, Inc.
(COMPLETE INALL CASES:) Attach addiilonel meets a nc~co~a.~•
Decedent was domiciled at death in ~"""~°~la^~ County, Pennsylvania with his /her last principal residence a
_ .. _ ..__~~__~.,...~ oe 47n11
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
COUNTY OF Cumberland }
The Petitioner(s) above-named ne eS rand that, as(personaleepresentative(s) of the Decedenlt Petitionrer(s) wil wrell and t ulybest of
the knowledge and belief of Petdlo ( )
administer the estate according to law.
~~ ~/~~ -
Swom to or affirmed a~njd subscribed
before me this _-day of
O
For th Register
of Personal
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File Number: 21 II "`
,Deceased
Estate of Ph Ilis A. Morrow
Date of Death: 0711212011
Social Security Number: 162-22-4244
}~ ~ n, ~~~~ ~ ~ ~/ _ , ~.zJ~--- ,inconsideration of the foregoing Petition, satisfactory proof
AND NOW,
having been presented before me, IT IS DECREED that Letters Testaments
are hereby granted to in the above estate
and that the instrument(s) dated 10/0811996
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters .......................................... $ "1/~ • y
Short Certificate(s) ....................... $ / ~ 'o O
Renunciation(s) ............................ $
ACS $ ~~~. SU
$
$
$
$
$
$
$
TOTAL ................................... $ ~~~• -~`~
Supreme Court LD. No.:
Bogar & Hipp Law Olffices
Address: One West Main Strut
Shiremanstown, PA, 17011
Telephone: (717) 737-761
E-Mail: jbogar@f~ogarlaw cpm
Jay K. Morrow
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Page 2 of 2
Form RUt~-(-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc.
Attorney Signature:
Attorney Name: James D. O
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
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Estate of
PHYLLIS A. MORROW
Deceased
James D. Bogar , (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 .Testator /Testatrix sign the same
and that she / he /they signed the same and that she / he /they signed as a witness at the request of
the Testator /Testatrix in her /his presence and in the presence of each other.
(Signature)
(Street Address)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of ,
Deputy for Register of Wills
(Street Address)
Shiremanstown, PA 17011
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this ~~ ~~ day
of r , Ste!! _•
l
Notary Public ' ~ ~'~ I
My Commission Expires:
(Signature and Seal of Notary or other official qualified o
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 instrument(s) at time of notarization.
COMMONWEALTH Of PENNSYIYANIA
Form RW-03 rev. 10.13.06 NOTARIAL SEAL
BETH B. LENGEI, NOTARY PUBLIC
SHIREMANSTOWN BORO., CUMBERLAlID CdlN1Y
MY COMMISSION EXPIRES DEC. 12 2011
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ATH OF NON-SUBSCRIBING
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REGISTER OF WILLS ~ ~? 'ran O
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CUMBERLAND COUNTY, PENNS~-VANIA v ~.`~
Estate of
PHYLLIS A. MORROW
Deceased
Jay K. Morrow and '
each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were well-
( Phyllis A. Morrow and am/are familiar
acquainted with
Phyllis A. Morrow
with the handwriting and signature of the decedent, and that the signature of _
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of
Phyllis A. Morrow is in his/her own proper handwriting.
~~
(Signature)
33 Scarsdale Drive
(Street Address)
Camp Hill, PA 17011
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this ~ ~~ ~ day
Deputy for Registe f Wills
(Signature)
(Street Address)
(City, state, Zip)
Form RW-04 rev. 10.13.06
ossos [~v covo~)
CAL REGISTRAR'S CERTIFICATIONoOF tDEA'~FI
LO ARNING: It is illegal to duplicate this copy by photost p
~ee for this certificate, $6.00
P 17644321
Certification Number
This is to certify that th~~ information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing. j
~~ ~ ~~ ~,
Date Issued
Local Registrar
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Cpy~,~pNWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTIi • ~IT~ RECORDS
CERTIFICATE OF DEATH, ~~~ FlLE NuwfER
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LAST WILL AND TESTAMENT
OF
pHYLLIB A. MORROW
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of Lower Allen Township, Cumber-
I, pHYLLIB A. MORROW,
Pennsylvania, make, publish and declare this as and
land County, revoking all other Wills
for my Last Will and Testament, hereby .
and Codicils heretofore made by me. last illness and funeral
FI ST: The expenses of my
shall be paid fro~inn my estate.
eath, absolutely and in
Sgt; I hereby give and beau
household furni-
fee simple, to my husband, JAY K. MORROW, all my
books, pictures, jewelry, silverware, auto-
ture and furnishings,
mobiles, wearing apparel and all other articles of household or
rovided that if my husband dies
personal use or adornment, P the day of my death,
day following
before the sixtieth (60th) ~ est to
this gift shall lapse or be divested andmel famy death,e o be
er stirpes, living at the ti
my issue, p cannot agree for
divided among them as they shall agree. If they
any reason, my Executor shall make the decision and its decision
shall be final.
minor child in any
My Executor shall represent any erson stand-
division of such property and shall deliver to the p
arent to such minor, without bond, such
ing in the place of a p
portion of the minor's share as my Executor, after considering
a ro riate and shall. sell the balance
the minor's wishes, deems pP P
and pay the proceeds to my Trustees to be retained for the minor
~ under Item FIFTH hereof.
Tg;: The gift to my husband in this Item is•intended
to give my estate the marital deduction effective under the
Internal Revenue .Code to reduce Federal estate tax. Any provi-
sions in this Will which conflict with or fail of this intention
shall be so reconciled or amplified as to accomplish th
objective.
If my husband, JAY K. MORROW, survives me, I direct
,,
hold, IN TRUST, an amount
;.hat my Trustees, hereinafter named,
Eree of all taxes equal to the maximum marital deduction allow-
u oses, reduced by an
able to my estate for Federal estate taxable estate to the
amount, if any, needed to increase my
for the unified credit and any
largest amount that after allowing will result in no Federal
other credits available to my estate,
a the net income therefrom not less frequently
estate tax, and p Y husband shall have the
than quarterly to my husband for life. MY
Dint all or-any part~or parts of the principal of
power to app self
this Trust to himself or a class composed of the isshim°alone and
and my husband. This power shall be exercisable by or by
in all events by specific reference thereto in his Will,
time or times during his lifetime of a written
delivery at any a ent as he
direction to my Trustees who shall thereupon make p ym
directs. resentatives
My Trustee shall pay to his personal rep
from any unappointed principal the. difference between all taxes,
enalties which they must pay by reason of his death
interest and p. ointed
able by them if such unapp
and those which would be pay
principal were not taxable in his estate andresiduary Trust.
balance of such unappointed principal to my
I give and devise the residue of my estate,
real and personal, to my Trustee hereinafter named, IN TRUST, as
follows: aid to my
(p,) The net income therefrom shall be p
husband, JAY K. MORROW, for life. Dint to
(g) My husband shall have the power to app
to the greater amount of five percent (5$) or
himself up trust
$5,000.00 annually from the principal of the residuary
under this Item. This power of appointment shall be nancumula-
be exercised during my husband's lifetime only by
tive and may his Will.
his giving the Trustee written direction other than by
(O) Upon the death of the survivor of myself ato Ym
al shares, Y
husband, the principal shall be divided, in equ
2
children, REBECCA A. NYE, BONNIE M. GASSWINT ren BARaBARAa a me,
rovided that should any of my child P
DiPIETRO, p
I give and bequeath such child's share unto hfailureeoflsame,pe
stirpes by representation, and if there be a
then I give and bequeath such deceased child's share to my
surviving children as provided herein.
!I~• Trustee may use principal of the trust under
only for the benefit
Item THIRD hereof (Marital Deduction Trust) Trustee may use
husband. With the .foregoing exception my
of my Residue Trust)
principal from the trust under Item FOeRas that Trustee deems
for the benefit of my husband and issu
necessary: accident, illness or
(p,) To meet the expense of any
other emergency befalling any of them;
(B) For maintenance, support and education (including
college and graduate school); the cost of a
(C) To pay funeral expenses, including
grave marker and perpetual care of the grave. issue shall be
~y principal used for the benefit of ms share of the
charged as an advancement from~his orlfeoff anylissue cannot
trust. Further, any invasion on beha
exceed the amount that would be allocated to his or her family's
share of such trust. the power to consume,
Notwithstanding the foregoing,
for the benefit of my husband and
invade or appropriate property
~ issue shall be limited by ascertainable standard relating to
health, education, support or maintenance within the meaning of
a of Section 204(b)(1) of the Internal Revenue
subparagraph ( ) be in effect at
similar provision which may
Code of 1954 or any
the time of my death so that such power will not constitute a
general power of appointment.
Tg; I appoint my Trustee as Guardian to hold for
law to' a guardian appointed by n-Y
minors all property payable by
Will or otherwise and use the same for the minor's maintenance
3
or by payment to any person_
and education, either directly
selected to disburse it, whose receipt shall ands r ncipal shall
acquittance therefor. All unexpended income P
ority. For purposes of this Will,
be paid to the minor at maj
ma'ority shall be construed to be when the individual attains the
7
age of twenty-one (21) years.
88V i' No provision of this Will is intended to
ointment, including any power of
exercise any power of app
appointment granted to me by my husband's estate planning or
other documents. enalties thereon
BI~Q$T_H: All taxes,•interest and P ert comprising
payable by reason, of my death with respect to prop y shall
under this Will,
of my gross estate, whether or not passing
residuary estate, provided
be paid from the principal of my
Trust created herein may be .used to pay
however, that funds of my
taxes, interest and penalties attributed to such trust assets.
beneficiary under this Will
ZTIN~; No interest of any
codicil hereto shall be subject to anticipation or volun-
or any
tart' alienation, and the personal receipt of such beneficiary
discharge of my Executor and
shall be the sufficient and only
Trustee unless otherwise provided herein. law, mY
In addition to powers given them by
ardian acting
Executor and Trustee and their successors and any o ers applic-
discretionary p
hereunder shall have the following them, effective
ersonal property held by
able to all real and p
without court order and until actual dr ceivedlby•them including
(A) To retain all property rovided
the stock of any corporate fiduciary acting hereunder, p
_ such property remains productive; without
(g) To invest in all forms of property so long as
restriction to investments authorized to fiduciaries,
such investments are productive; artnership,
(C) To join in any incorporation, p
lizatiori,. merger, reorganization or voting trust plan; to
recapita
4
with respect thereto; to deposit investments
delegate authority enerally to exercise
under agreements and pay assessments; and g
all rights of investors;
(D) To compromise controversies; or credit,
To exchange or sell for cash, property
(E)
ublicly or privately, or to lease, even for a term exceeding
P
five (5) years or the duration of the trusts hereunder, withou
lication of
liability on the purchasers or lessees to see to aPP Dees without
tions~for these purp
the consideration, and to give op her offer;
obligation to repudiate them in favor of a ht ust under Item
(F) With respect to my residuary .
hereof, to allocate items of receipt or disbursement ss of
FOURTH stable regardle
rincipal as they deem equ'
between income and p
even such items by law;
the character g' bene-
(G) To apply income or principal to which any
ficiary is entitled directly for his or her maintenance and
deem such beneficiary incapable of receiving
support should they infirmity or incapa-
the same by reason of age, illness or any
erson as they select to dis-
city, or to pay the same to such P ittance therefor,
burse it, whose receipt shall be a complete acqu'
without the intervention_of any guardian;
(H) To borrow money, including the right to borrow
from any corporate fiduciary acting hereunder, and mortgage or
pledge as security;
(I) To hold investments in the name of a nominee;
(J) To distribute in cash or kind or partly in.each at
valuations fixed by them;
To assume continuance of the status of any bene-
(K)
divorce, illness, incapacity
ficiary with reference to marriage, .
or other change in the absence of informationudheassumptionle
without liability for disbursements made on s
(I,) To elect to value my gross estate for Federal
death or as of the
estate tax purposes as of the date of my
alternate valuation date as allowed for such purposes, and to
5
claim as income tax deductions and other elections allowable
under law; in order that the
(M) Except to the extent necessary
alify for the marital deduction
trust under Item THIRD hereof qu
allowable under the Internal Revenue Code, it ahaarticular trust
sorry to segregate investments as belong~e held n undivided form
or share therein and all interests may
in a single fund from which proportionate distributions are made
based on current reappraisals;
(N) To merge any similar trust established by mY
husband where the terms of the same are identical;
(O) To make income or principal distributions during
the course of administration of my estate~or trust created here-
under; of a quali-
(p) In the event that I am the beneficiary
fied terminal interest trust and the same ik rexi.mbursem nt from
estate, I direct that my Executor shall see
said trust for all taxes due by my estate because of the
estate, said computation of taxes
inclusion of such trust, in my m estate and such
due to be computed by taking taxes owed by Y
estate
property included therein as compared to the taxes my
would owe in the event said property were not taxable in my
estate; and
(Q) To undertake any and all acts deemed necessary an
r b it for the proper and advantageous management of any
prope Y
trust and the settlement of my estate.
who is a beneficiary of my
BLB~; No fiduciary
residuary trust created in Item FOURTH hereof shall participate
ower to use the principal
in the exercise of any discretionary p
• erson or to apportion or allocate
thereof for the benefit of any p
f charge or credit between principal and income of such
items o
..
trust. husband, who shall
gT pny person, other than my
have died within sixty (60) days of my death, shall be deemed to
6
husband and I die simultaneously, or
gave predeceased me. If my
ender such circumstances that the order of our deto have survived
:stablished by proof, my husband shall be deemed
other than myself) who shall have died at the
ne. Any person
ame time as any then recipient of income or in a c~mmt l~issster
s
with such beneficiary, or under such circumstances shall be
difficult or impossible to determine who died first,
deemed to have predeceased such beneficiary• husband, JAY K.
TgIRTB$~~ I nominate and appoint my
and my husband, JAY K. MORROW and
MORROW, as Executor of,
and m daughters, REBECCA A. NYE, BONNIE M. GASSWand Testament A
y Last Will
R. DiPIETRO, as Trustees under this my
In the event my husband cannot act or continue to sct~aBE CA A or
oint my daughter ,
for any reascin, I nominate and app Co-Executrixes
NYE, BONNIE M. GASSWINT'and BARBARA R. DiPIETRO,
of this, my Last Will and Testament. If ocomerunable or y
daughters, as named herein, shall be or be I then appoint my
unwilling to serve or to continue to serve. In the event my
remaining daughter or daughters to so serve. reason,
husband cannot act or continue to act aBECCAsAeeNYEr BONNIE M.
I nominate and appoint my daughters, RE
R. DiPIETRO, to serve as Trustees. If one
GASSWINT and BARBARA shall. be or become
or more of my daughters, as named herein,
to serve or to continue to serve, I then
~ unable.or unwilling No fidu-
appoint my remaining daughter or daughters to so serve.
hereunder shall be required to post bond or enter
~ ciary acting
~ in any jurisdiction.
. security hand and
\ IN WITNESS WHEREOF, I have hereunto se ~mYday of
_ seal to this, my Last Will and Testament, this
~„~; , 199 6 .
~~.s~.L-~, ~ ~ ~,eJ - (SEAL)
PHYLLIS A. MORROW
1
S
7
the above-
.Signed. sealed, published and declared by
tatrix as and for her Last Will and Teand in the our
na~-ed Tes est, in her presence
presence, who, at her raga
of each other, have hereunto subscribed our names as
presence
attesting witnesses. f,,
Address ~.
~ Address
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