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HomeMy WebLinkAbout01-23-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of Edward W. Haughney .Deceased ESTATE NO. 21- _ _ a/k/a: a/k/a: a/k/a: SS NO: 098-10-6651 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: DA. 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 10/20/2010 and codicil(s) dated n/a (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 io 23 Pa. C.S.A. § 3323(8): n/a ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent llte, durante absentia, durante miaoritate) C. Petitioner(s), after a proper seazch, 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(8), ept as follv~s:_ .... , Name Address to at ~E7 ~'T_~ i ~~ USE ADDITIONAL SHEETS IF NECESSARY . . THIS SECTION MUST BE COMPLETED: ~_ Decedent was. domiciled at death in Cumberland County, Pennsylvania, with his/her. last family or principal residence At .110 Sunset Drive, Carlisle, PA 17013 (North Middleton Township) (Street address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then 94 years of age, died 1/1/2012 at Tuscon, Arizona (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 $ 5,000.00 _If not domiciled in PA Personal property in Pennsylvania $ _If not domiciled in PA Personal property in County $ _Value of Real Estate in Pennsylvania $ 45,000.00 Total Estimated Value $ 50,000.00 Location of Real Estate in Pennsylvania: (Provide full address if possible.) 110 Sunset Drive, Carlisle, North Middleton Township Signature(s) Name(s) & Mailing Address(es) i Regina M. Haughney, 110 Sunset Drive, Carlisle, PA 17013 Interie>;Form RW-02 revised 122b.10 by ('umherland County nendino action by the (nurt Pnoe I of ~ T __ e OATH OF PERSONAL REPRESENTATIVE tNa ~ ;.~ ~} _ Commonwealth of Pennsylvania ~~ County of Cumberland SS ~,.., N ,`~ "- 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 r~ r ~~~ ~ me this ~~ day of -- _ ~r the 1~egister I~~CREE OF PROBATE AND GRANT OF LETTERS Estate of Edward W. Haut7hney ,Deceased File Number: 21-~r ~-~~~ r~- AND NOW, this day of ~ ~l~ , in consideration of the Petition on the reverse side hereon, satisfactory pro having bee r sented before me, IT IS DECREED that Letters x Testamentary _ of Administration are hereby granted to: (Irapptlcabie, eater c.t.a., d.b.a., d.b.a.c.t.a., ete.) Regina M. Haughney ~ the above estate and that instruments(s) dated 10/20/2010 described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. Glenda Famer St Register of Wills FEES: Signature of Counsel Required to Enter Appearance Letters ....................$ 90.00 Will ........................ 15.00 Codicil(s) ................. (10) Short Certificates 40.00 ( )Renunciations....... Bond ............................ Other ............................ ................................. ................................. Automation FEE......... 5.00 JCS FEE ................... 23.50 TOTAL ................$ 173.50 Atty's Signa _ PRINTED Name: Nath .Wolf Supreme Court ID o.: 87380 Address: 10 West High Street Carlisle, PA 17013-2922 Phone: 717-241-4436 FaX: 717-241-4437 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 LAST WILL AND TESTAMENT OF EDWARD WILLIAM HAUGHNEY Dated: October 20, 2010 Prepared by: Thomas G. Kane, Esquire Office of the Post Judge Advocate, Upton Hall, 22 Ashburn Drive Carlisle, Pennsylvania 17013 (717) 245-4940 LAST WILL AND TESTAMENT OF EDWARD WILLIAM HAUGHNEY I, Edward William Haughney, a resident of the Commonwealth of Pennsylvania, make, publish and declaze this to be my Last Will and Testament, revoking all wills and codicils at any time heretofore made by me. I am retired from the military service of the United States. FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate,. and all estate, inheritance and similaz taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon,. shall be paid out of my residuary estate,. without apportionment and with no right of reimbursement from any recipient of any such property (including reimbursement under Section 2207B of the Internal Revenue Code). SECOND: It is my desire that, upon my death, that I be buried at a location determined by my family with full,military honors. THIRD: I .give all real estate owned by me at the time of my death, and all rights that I have under any related insurance policies, to my wife Regina Marie Haughney, if she survives me. FOURTH: I give .all tangible personal property owned by me at the time of my death, including without limitation personal effects, clothing, jewelry, furniture, furnishings, household goods, automobiles and other vehicles, together with all insurance policies relating thereto, to my wife Regina Marie Haughney, if she survives me, or if she does not survive me, to those of my .children (Regina -Marie Jenks, Edwazd William Haughney II, Therese Marie Szczurowski and Carol Ann Nollau) who survive me, in substantially. equal shares, to be divided among them as they shall agree, or if they cannot agree, as my Executor shall determine. FIFTH:. I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or to which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) If my wife Regina Marie Haughney survives me, to my wife outright. (b) If my wife does not survive me, then to those of my children who ,survive me and to the issue who survive me of those of my children who shall not survive me, per stirpes. `~r~ (c) If my wife does not survive me and there shall be no issue of mine then living, I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. SIXTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole. or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors. act, or to the person or persons with whom-the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the. person to whom the distribution is made shall be a full discharge df my Executor from'any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18} yeazs, and may hold the same as a sepazate fitnd for the beneficiary with -all of the powers described in Article EIGHTH hereof. If the beneficiary. dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. ..SEVENTH: I appoint my wife Regina Marie Haughney to be my Executor. If my wife does not survive me, or shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint my daughter, Therese Marie Szczurowski as my Executor. I direct that no Executor shall be required to file or fiarnish any bond, surety or other security in any jurisdiction. EIGHTH: I grant to my Executor all powers conferred on executors under the Pennsylvania Probate, Estates and Fiduciaries Code, as .amended, or any successor thereto, -and all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, .sell at public or private sale, exchange, grant options on, invest. and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to pay any legacy. or distribute, divide or paztition property in cash or in kind, or paztly in kind, and to alloeate different kinds of property, dispr©portionate amounts of property and undivided `interests in:. property among any .parts, funds or shares; to determine the fair valuation of property, with or without regazd to tax .basis; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. My Executor shall have the authority to determine what property shall receive basis increases pursuant to Section 1022(b) and (c) of the Internal Revenue Code and the amount of such increases .and to make such determinations without regard to any duty of impartiality as between different beneficiaries. I suggest, but do not direct, that the step-up in basis be allocated to assets with readily ascertainable fair mazket value and that the benefit of the step-up in basis be equitably adjusted among the beneficiaries of my estate. ,~- ~~ The term "Executor" wherever used herein shall mean-the executors, executor, executrix or administrator in office from time to time. The term "Executor" wherever used herein shall mean the trustees or trustee in office from time to time. Each Executor and Trustee shall have the same rights, powers, duties, authority and privileges, whether or not discretionary, , as if originally appointed hereunder. NINTH: I direct that for purposes of this will a beneficiary, shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. TENTH: I have served in the Armed Forces of the United States. I therefore request Ghat my Executor make. appropriate inquiries. to ascertain ,whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs,. and the Social Security Administration. IN WITNESS WHEREOF, I, Edward William Haughney, sign my name and publish and declare this instrument as my last will and testament this 20th day of October, 2010. J Edward WilliFan Hau ey The foregoing instrument was signed, published and declared by Edward William Haughney, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and. in the presence of each other, have subscribed our names as witnesses on the date above writt~n. e having an address at l r~/3 having an addres/s at ~~ 3 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND, ss. We, the Testator and the witnesses, whose names aze signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that .the Testator, Edward William Haughney, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that he stated that said instrument was his. last will and testament, and that he had signed willingly, and that he executed it as his and. voluntary act and deed. for. the purposes therein expressed, and, that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness; and that to the best of his or her knowledge the Testator was at the time at least eighteen. years of age or emancipated, of sound mind and under no constraint, duress, fraud or undue influence. ~r~,e~~;;~~ - Edwazd William Haughney (/ /f Testator v print: ~s~ • Z. print: /j?~ /1 /C- Witness Subscribed, sworn to and acknowledged before me b}~ the said Edward William Haughney, `Testator; and subscribed and sworn to before me by the above-named witnesses, this 20th day of October, 2010. No u is y commission expires on COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kami May Hertzler, Notary Public Carlisle Boro, Cumberland County My Commission Expires April 15, 2013 Member, Pennsylvania Association of Notaries