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HomeMy WebLinkAbout01-03-12PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the following and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information Name: LOUISE M. VAUGI-IN File No: 21- ~ ~ ~~Z a/k/a: (Assigned by Register) a/k/a: ai'k/a: Social Security No: Date of Death: 12/23/11 Age at death: 80 Decedent was domiciled at death in Cumberland County, PA (State) with his/her last principal residence at 221 Ridee Drive, Carlisle 17015 Middlesex Twn Cumberland Street address, Post Office and Zip Code City, Township or Borough County Decedent died at 221 Ridce Drive, Carlisle 17015 Middlesex Twp Cumberland PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: Ijdomiciled in Pennsylvania ................................All personal property $ 700,000.00 Ijnot domiciled in Pennsylvania .............................Personal property in Pennsylvania $ Ijnot domiciled in Pennsylvania .............................Personal property in County $ Value of real estate in Pennsylvania .............................................................. $ TOTAL ESTIMATED VALUE.... $ 700.000.00 Real estate in Pennsylvania situated at: Cumberland (Attach additional sheets, ijnecessary.) Street address, Post Office and Zip Code City, Township or Borough County ® A. Petition for Probate and Grant of Letters Testamental Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated 2/7/05 and Codicil(s) thereto dated None State relevant circumstances (e.g. renunciation, death ojexecutor, etc.) Except as follows: after the execution of the instrument(s) offered for probate Decedent did not marry, was not divorced, was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ® NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c.t.a., d. b. n., d.b.n.c.t.a., pendente lite, durante absentia, durante minoritate If Administration, c.t.a, or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(g) and was neither the victim of a killing nor ever adjudicated an incapacitated person. ^ NO EXCEPTIONS ^ EXCEPTIONS Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and hems (attach additional sheets, if necessary): `.-~ _ ~~ ^-> -,-, - _ -v - Name Relationship Address ~ "'a n ~""` ~°' " "' T, ~ ' > m 1 " -~ _ :. ~ ,, - ... .. < i7 .._.> U _1 ~~ ~.~ C....r cam.' F~ann Rw-oz rev. ro~~iiaoi~ Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Official Use Only Petitioner(s) Printed Name Petitioner(s) Printed Address Denise L. Vau hn 211 Ridge Drive Carlisle PA 17015 Linda V. Bolen 895 Back Hollow Road Blain PA 17006 The Petitioner(s) above-named sweaz(s) or affirm(s) the statements in the foregoing Petition aze true and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Decedent, the)?etitioner(s) will well and truly ~ ninisl:e~ the estate according to law. ~ ' Sworn to Qnaffirmed an su'bWscr~ibed before ~~ Date ~ ' ~-/~ me this ~ da o ~~!~ C , , ~~ Date /- ~%~ BY~ ~ Date Fo the Register Date BOND Required: ^ YES ®NO FEES: Letters ....................... $ ( `~- )Short Certificates(s) ..... . ( )Renunciation(s) ......... . ( )Codicil(s) ............. . ( )Affidavit(s) ............ . Bond ......................... Commission ................... . Other ~ ~ ~ ~ ~ S Automation Fee ................ . JCS Fee ....................... _ .~ TOTAL ......................$ To the Register of Wills: Please enter my appearance by my signature below: Attorney Signature: ~ ~ '~~ ~ ' Printed Name: No V. Otto III _-> i-n --= «~ ~ I ~=~ Supreme Court ;-} ~ -' s: ID Number: 27763 =-~ ~' ~~ ' , 7 Firm Name: Martson Law Offices ~~ ~ c` , Address: 10 East High Street ~' ` ' ' Carlisle PA 17013 Phone: (717) 243-3341 Fes; X717) 243-1850 Email: iottona,martsonlaw.com DECREE OF THE REGISTER Estate of LOUISE M. VAUGHN a/k/a: AND NOW, I ~- , in consideration of the foregoing Petition, satisfactory proof having been p esent before me, IT IS DECREED that Letters Testamentary are hereby granted to Denise L. Vaughn and Linda V. Bolen - in the above estate and (if applicable) that the instrument(s) dated 02/07/2005 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. Re ister of 'lls Form RW-O2 rev. 10/J 1 X20/ 1 ~~ Page 2 of 2 File No: 21- ! a - ~~ F:\FILES\DATAFILE\EstatePlannvig\I1422.1.w.wi1L2005 r"~ _~ -~- ('~ _;..1 1 , ._, _... _l _~ LAST WILL AND TESTAMENT - ' _~ ~ ~ ~, I, LOUISE M. VAUGHN, of 221 Ridge Drive, Middlesex Township, Cumberlar ,, County, Pennsyhvania, being of sound and disposing mind and memory, do hereby make, publish and decliare this to be my Last Will and Testament, hereby revoking any and all former Wills or codicils made by me. ITEM ONE I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid to the extent possible from the assets held or passing under ITEM FOUR hereof as soon as practicable after my decease and as part of the administration of my estate. ITEM TWO In the event my husband shall predecease or fail to survive me by thirty (30) days, then I give such items of personalty as are itemized in a certain list attached hereto to the persons named thereon, which list is signed and dated by me at the end thereof. ITEM THREE I bequeath any automobiles or motor vehicles I may own at my death, my personal effects, such household goods if any as maybe my individual property and not the property of my husband or awned jointly by me with my husband, and other tangible personal property of like nature (not including cash or securities), together with any existing insurance thereon, to my husband, DONALD S. VAUGHN, JR., providing he survives me by thirty (30) days. Should my husband predecease me or die on or before the thirtieth day following my death, I bequeath such tangible personal property and insurance thereon to such of my children as are living on the thirty-first day after my death, to be divided between them with due regard for their personal preferences in as nearly equal shares as practical anal as they shall mutually Page 1 of 8 Pages o(- ~ ,< [Initials] _ _ agree. I direct that any of the foregoing articles not selected by such children or about which there is no agreement shall be sold at public or private sale by my personal representative(s), and I further direct that the net proceeds thereof shall be administered and distributed as a part of the residue of my estate. ITEM FOUR If my husband, DONALD S. VAUGHN, JR., is living thirty 1;30) days after my death, then I give, devise and bequeath all of my estate, both real and personal property, unto my said husband, absolutely. If my said husband does not so survive me, then I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal property, unto my Trustees to be held or distributed by such Trustees under ITEM SEVEN hereof. ITEM FIVE In the event my husband shall predecease or fail to survive me by thirty (30) days, then I give, devise and bequeath my property located at 211 Ridge Drive, Middlesex Township, Cumberland County, PA (Tax Parcel No. 21-22-0128-002), containing a cabin on two acres, more or less, to my daughter, DENISE L. VAUGHN, absolutely, with substitution of issue; and I further give, devise and bequeath my property located at 221 Ridge Drive, Middlesex Township, Cumberland County, PA (Tax Parcel No. 21-22-0128-001), along with an adj acent parcel of land containing approximately 10 acres with a barn and outbuildings (Tax Parcel No. 21-22-0128-061), to my daughter, LINDA V. BOLEN, absolutely, with substitution of issue. ~ ' ITEM SIX In the event my said husband shall, disclaim all or any portion of any devise or bequest made to my husband under the foregoing ITEM FOUR then the amount otherwise payable shall be held by my Trustees under ITEM SEVEN hereof. For purposes of the Trust established under ITEM SEVEN hereof, my said husband shall not be deemed to have predeceased me by virtue of my said husband's exercise of the right to disclaim set forth herein. ~" ~~ [Initials] Page 2 of 8 Pages ITEM SEVEN RESIDUARY AND DISCLAIMER TRUST My Trustees shall hold the assets received under ITEMS FOUR and SIX hereof, if any, for the following purposes: A. My Trustees shall pay the net income, at least quarter-annually, to my husband, DONALD S. VAUGHN, JR., for life. In addition, my Trustees, in my Trustees' sole discretion, may invade the principal of the Trust for the proper anti adequate support of my said husband. B. In addition to the above provisions, my said husband shall have the power to direct my Trustees to pay to him or to apply out of the principal of this Trust in each year, including the year of my death, an amount not in excess of the greater of Five Thousand ($5,000.00) Dollars or five (5%) percent of the then aggregate value of the principal of this Trust. This power shall be noncumulative and may be exercised only by an instrument in writing signed by him and delivered to my Trustees within the first thirty (30) days of fiscal year of this Trust. C. Upon the death of my said husband, or upon my death if my husband shall not survive me by thirty (30) days, my Trustees shall distribute the principal of the Trust to my children, DENISE L. VAUGHN and LINDA V. BOLEN, in equal shares, absolutely; provided, however, that any interest the Trust shall have in the real estate referred to in ITEM FIVE hereof shall be distributed in accordance with such ITEM FIVE. D. In the event that any of my said children shall fail to survive my husband and me, but shall leave issue surviving, then such, deceased child's share shall be held by my Trustees and the net income therefrom shall be used for the support, maintenance and education of the issue of such deceased child. My Trustees shall use as much of the principal as they shall deem desirable for said purposes. My Trustees shall distribute absolutely the principal of such share of such deceased child to the issue of such deceased child per stirpes as each shall attain the age ofthirty-five (35) years. In the event that any of my children shall ~~, [Initials) Page 3 of 8 Pages fail to survive my husband and me and not leave issue surviving, then such deceased child's share shall be added to the share of my other child as if originally a part thereof. ITEM EIGHT POWERS OF EXECUTOR AND TRUSTEES In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executor and Trustees and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution. A. To retain any property of any nature received by them for whatever period they shall deem advisable; B. Ta invest and reinvest all or any part of said property in such stocks, bonds, common trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds, common trust funds, securities, accounts or certificates of deposit of the Trustees) or other property, real or personal, as in their discretion they shall deem proper, without regard tp statutes limiting the property which a fiduciary may purchase; C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; E. To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance of the status of any beneficiary with regard to death, marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without Viability for disbursements made on such assumption; ~~~ [Initials] Page 4 of 8 Pages G. Ta pay from the trust, or the income therefrom, all debts or claims against my estate, or any taxes or similar charges on my estate; H. To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at: the market value of the property distributed, and my Trustees, in my Trustees' absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; I. To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which maybe held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; K. To continue in anypartnership,joint venture, joint ownership or otherbusiness enterprise of which I am a part at the time of my death; L. To compromise claims; M. To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner, in real estate or other property and to act as I could have done had I been living; N. To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time and from time to time within a period of nine (9) months after my death; O. In the event that any amounts are payable hereunder or under any trust created hereunder to a minor, or to a person otherwise under legal disability, or to a person not Page 5 of 8 Pages ~..'Z/' [Initials] adjudicated to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the opinion of the fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following ways as he, she or they may deem best: 1. Directly to such beneficiary; 2. To a legally appointed guardian of such beneficiary for the benefit of such beneificiary; 3. To a person having custody of such beneficiary for the benefit of such beneficiary; 4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of such beneficiary. Evidence of the application of payment of an amount in such a manner shall be a full and complete discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. P. To employ agents, attorneys and proxies and to delegate to them such power as my personal representative and Trustees consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; Q. To conduct an inventory of any safe deposit box necessary to the administration of my estate. R. To ado all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ITEM NINE PROTECTIVE PROVISIONS All income or principal held for the use and benefit of the beneficiaries of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shiall any such interest, while in the possession of my Trustees, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to Page 6 of 8 Pages ~ ' `-' ` [Initials] attachments, executions or sequestrations under process of law. ITEM TEN APPOINTMENT OF EXECUTOR AND TRUSTEES I nominate, constitute and appoint my husband, DONALD S. VAUGHN, JR., as Executor of my estate. In the event that my said husband shall predecease me or fail to act as Executor, then I appoint my daughters, DENISE L. VAUGHN and LINDA V. BOLEN, or the survivor of them, as co-Executrices of my estate. I nominate, constitute and appoint my daughters, DENISE L„ VAUGHN and LINDA V. BOLEN, or the survivor of them, as Trustees of any trust created hereunder. ITEM ELEVEN WAIVER OF BOND I direct that neither my Executor nor my Trustees or their successors shall be required to file any bond ire any jurisdiction to secure the faithful performance of their duties, nor shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this ~ ~1` day of ~~~ , mss-. U...,~,~.'u- _1'ti, ~ l.~ SEAL) . Louise M. Vaughn SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix, as and for her List Will and Testament; in the presence of us, who at her request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testatrix and of each other. L ~f~ f ~~!~%~~~~~~ Page 7 of 8 Pages COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) We, Louie M. Vaughn, No V. Otto III, and (O~~f -~ ~ ~''Jt sce~-' ,the Testatrix and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her last Will and that the Testatrix has signed willingly, and that the Testatrix executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and. hearing of the Testatrix, signed the Will as a witness and that to the best ofhis/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. L ise M. Vau ,Testatrix Witness ' Witness / Subscribed, sworn to and acknowledged before me by Louise M. Vaughn, the Testatrix, andsubscribed and sworn to before me by N,o~V. Otto III and C Cori ~- ~ ~ ~5~.e ~~-_- ,the witnesses, this 7~ day of~~-e~ , act s, a~~- Notary Public NOTARIAL SEAL - ~ICTORIA 1. OTTO, NOTARY PUBLIC CMY COMMBSSIOfV EXPIRES L EC. C 2006 Page 8 of 8 Pages