HomeMy WebLinkAbout03-16-12PETITION 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 requests the grant of Letters in the appropriate form:
Decpden ' Inform•••inn
Name: Katharine E. Jeffries
a/k/a:
a/k/a:
a/k/a:
Date of Death: 02/26!2012
File No: 21-12 - (~' j ~~
(Assigned by Register)
Social Security No: 204-03-4872
Age at Death: 90
Decedent was domiciled at death in Cumberland County,
PA (State) with his/her last
principal residence at 100 Mount Allen Dr., Mechanicsburg 17055
Street address, Post Office and Zip Code Upper Allen Cumberland
Decedent died at 100 Mount Allen Dr., Mechanicsburg 17055 City, Township or Borough county
Street address, Post Office and Zip Code UPPer Allen Cumberland PA
City, Township or Borough County State
Estimate of value of decedent's property at death:
/f domiciled in Pennsylvania ...................... All personal property
If not domiciled in Pennsylvania ................ Personal property in Pennsylvania $ 18 400.00
If not domiciled in Pennsylvania ................ Personal property in County $
Value of real estate in Pennsylvania ................................................................... $
TOTAL ESTIMATED VALUE $
Real estate in Pennsylvania situated at
(Attach additional sheets, it necessary.)
Street address, Post Office and Zip Code
City, Township or Borough
® A• Petition for Probat -and Grant of ptte T ~r~ ~r~
Petitioner(s) aver(s) that he/she/they is/are the Executor(s) named in the Last Will of the Decedent, dated 02/21!1998
thereto dated
18,400.00
County
and Codicil(s)
State relevant circumstances (e.g., renunciation, death o/executor, etc.)
Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not mar was not divorced, was not a part to a pendin
divorce proceeding wherein the rounds for divorce had been established as defined in 23 Pa. C.S. 3323 g
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. y
(g), and did not have a child born or
® NO EXCEPTIONS ~ EXCEPTIONS
^ B. Petition for Grant of Letters of Admini tntion
(If applicable)
c. t. a., d.b.n., d.b.n.c.t.a., pedente lite, durance absentia. du/ante minorrtate
If Administration, c.ta or d.b.n.c.t.a., enter dat~of Will in Gection A above and complete list of h ~~
Except as follows: Decedent was not a party to 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 heirs (attach
additional sheets, if necessary):
corm KW-02 rev. 10-11-2011 ~ i:/~
Copyright (c) 2011 form software only The Lackner Group, Inc. C7't
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF Cumberland } SS:
}
Petitioner(s) Printed Name
Jill A. Miller
Petitioner(s) Printed Address
108 Mountain Rd.
Lewisberry, PA 17339
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are true and correct to the best of the knowledge and I
belief of Petitioner(s) and that, as Personal Representative(s) of the Decedent Petitjoner(s) will well and truly administer the estate accordin to law.
Sworn to or affirmed and subscribed before Q f ~ aO~
Date
me ~ day of l~~C ~ ~ -~
Date
By: Y1. ~ F ~ C 'X~~'r i ~ 0 ~ ,~~Yl
F'a the Register 1 Date
Date
BOND Required? ~ YES ~ NO
FEES:
Letters ..........................................
( 4 )Short Certificate(s).........
( )Renunciation(s) ..............
( )Codicil(s) ........................
( )Affidavit(s) ......................
Bond .............................................
Commission ..................................
Other
~' t I 1
$ 60.00
16.00
~ `~ -d C?
Automation Fee ......................... 5.00
JCS Fee ....................................... 23.50
TOTAL ......................................... $ ~ C u5 `'F0~30--
DECREE OF
nature below:
Attorney Signature:
i~
Printed Name: Marielle F Hazen, Esq.
Supreme Court
ID Number: 68U03
Firm Name: Hazen Elder Law
Address: 2000 Linglestown Road
Suite 202
Harrisburg, PA 17110
Phone: 717-540-4332
Fax: 717-540-4313
E-mail: mhazen@hazenelderlaw.com
rHE REGISTER
Date of Death: 02/26/2012
Social Security No: 204-03-4872
Estate of Katharine E. Jeffries
a/k/a: File No: 21-12 - C+ ~ ~
AND NOW, ~ ~ C~ i(r ~'1 ~ ~ p -' ~~ 1
satisfactory proof having been presented before me, IT IS DECREED that Letters ~ , in consideration of the foregoing Petition,
Testamentary
are hereby granted to Jill A. Miller
in the above estate and (if applicable) that the instrument(s) dated
described in the Petition be admitted to probate and filed of record as the last W~ (a/nd Codicil(s)) of Decedent.
I
Register of Wills
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To the Register of Wi!!s:
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H 105.805 REV (DI/071
~-O~~r_ BAR'S CERTIFICATION OF DEATH
W~~~~;1t"R~ f~J!l~f~l to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00 .~ ~ ~ ~r~R ~ E1 ~ (~ : 5
CLERK OF
ORPHAN'S COURT
Cl1~dP~`R'..!~;'~~ CQ PA
P 17991159
Certification Number
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This is to certify that: the information here given is
correctly copied frond an original Certificate of Death
duly filed with me ~s ]Local Registrar. The original
certificate will he forwarded to the State Vital
Re rds Oftlce for errnanent filing.
-- dl ~ ~z~-i~.-
-- Local Reg' trar Date Issued
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LAST WILL AND TESTAMENT
KATHERINE E..TEFFRIES
I, KATHERINE E. JEFFRIES, a married person, of 32 Winding Hill Drive, Mechanicsburg,
~..~
Cumberland County, Pennsylvania, make this my Last Will, hereby revoking any and ~nmervv~ls ~, ,>~.,..~
or codicils made by me. ~ °T ; -_ `~ -< ~ : -
°' c:~ T ~ 1 ~'.
~ ~ f_ ,
ARTICLE ONE: Debts ~~,~~ -,;~,,,~,:, -- $. ;-• `'
I direct my Executors to pay my legally enforceable debts, expenses of my lashillness an~,~}ny ~~
c-r
funeral and burial expenses as soon as may be convenient after my death.
ARTICLE TWO: ~ggible Personal Prop,
I give and bequeath my tangible personal property, wherever situate, as I may have provided
in a memorandum kept with the original of this Will. Gifts may only be to persons who survive me
or to organizations which exist at my death, and if there is a conflict, the memorandum having the
latest date shall govern To the extent that such a memorandum is not found or all of'my personal
property may not be disposed of pursuant thereto, I direct that my remaining tangible personal
property be distributed to my spouse, Donald M. Jeffries, if he survives my death by sixty (60) days.
If he does not so survive my death, I direct that my remaining tangible personal property be
distributed to my children, Jill A. Miller, of 108 Mountain Road, Lewisberry Pennsylvania, and
Donald M. Jeffries, Jr., of 326 Boundary Avenue, Red Lion, Pennsylvania; in such shares or by such
items as they may agree upon. The share of either of my children who is deceased on the sixty-first
(61st) day after the date of my death shall be divided and distributed to such child's children. Any
1
~K-~"
such property allotted to a minor child may, as my Executors deem advisable, either be delivered to
the minor child, or person having custody of such minor child, or to some other person selected by
my Executors to receive such property for such minor child. Any remaining tangible personal
property shall be sold and the proceeds added to my residuary estate and pass under Article Four
hereof.
ARTICLE THREE: Real Prop
If, at the time of my death, I own that real property located at 32 Winding Hill Drive,
Mechanicsburg, Pennsylvania, I give, devise and bequeath any interest I may have in such real
property to my spouse, Donald M. Jeffries, if he survives my death by sixty (60) days. If he does not
so survive my death, I give any interest I may have in such real property in equal shares to my
children, Jill A. Miller and Donald M. Jeffries, Jr., if they survive my death by sixty (60) days. If
either of my children does not so survive my death, but leaves descendants who survive me by sixty
(60) days, those des~rendants shall receive, per stirpes, the share the beneficiary would have received
had he or she survived me by sixty (60) days.
ARTICLE FOUR: Re i~~y Estate
All the rest and residue of my estate, real, personal and mixed, such as it may be, wherever
situate, shall be distributed to my spouse, Donald M. Jeffries, if he survives my death by sixty (60)
days. If he does not so survive my death, the rest and residue of my estate shall be divided in equal
shares and distributed to mY children, Jill A. Miller and Donald M. Jeffries, Jr. If either of my
children does not so survive my death, but leaves descendants who survive me by sixty (60) days,
those descendants shall receive, per stirpes, the share the beneficiary would have received had he or
she survived me by sixty (60) days.
2
~~
ARTICLE FIVE: Trust for Minor Beneficiaries
If any beneficiary who is entitled to receive absolutely ar~d free of trust a shaze of the principal
of my estate or of any trust created hereunder is under the age of twenty-five (25) yeazs (hereinafter
called a "minor") at the time of distnbution to him or her, the Trustee named in Article Seven of this
Willis hereby authorized and empowered to hold and manage such share for the benefit of such minor
during his minority, but this authority shall be construed as a power only and shall not operate to
suspend the absolute ownership thereof by such minor nor to prevent the absolute vesting thereof in
such minor. During the minority of any such beneficiary, the Trustee may accumulate all or any part
of the rat income from such beneficiary's shaze or pay so much thereof, together with such amounts
of the principal of such beneficiary's share, as the Trustee, in his or her sole discretion, shall deem
necessary or advisable for such beneficiary's maintenance, support, health and education. If any such
beneficiary should die during his minority, the Trustee is authorized, in his or her sole discretion, to
pay part or all of such beneficiary's funeral expenses, and the remaining principal of such beneficiary's
shaze as it is then constituted shall be paid to the persons entitled to such beneficiary's personal estate.
ARTICLE SIX: Trustee Powers
My Trustee shall have the following rights and powers exercisable without court approval,
in addition to and without limiting the usual rights and powers vested in a trust fiduciary; provided,
however, that all of such powers aze exercisable only by the Trustee in a fiduciary capacity:
Section 1. Power to Retain ~c~ts Held at Death_ The Trustee may retain as an investment
without any duty of diversification, all property, real or personal, owned by me at my death or
received in kind from my Executrix or Executor.
section 2. Power to Ret in Cas The Tnistee may hold in the form of cash, awaiting
3
distn~nrtion or desirable investments, such portion of the funds held in trust hereunder as at any time
and from time to time the Trustee in his or her discretion deems advisable.
Section 3. Investment Powers. The Trustee may invest and reinvest the principal held in
trust, together with any income accumulated thereon, in such stocks, bonds, mortgages, securities
or other property, real or personal, as he or she deems advisable without being limited to the classes
of securities or investments in which trust fiduciaries are authorized by law to invest trust funds.
action 4. Power to Sell Real Estate. The Trustee may from time to time sell any and all real
estate held hereunder, at public or private sale, for such prices and upon such terms as he or she
deems advisable, and may make, execute and deliver any deed or deeds, mortgages, leases,
assignments and other documents necessary to carry out any of the powers granted the 'Trustee, and
which shall specifically include the authority to grant leases which extend beyond the period
authorized by law.
Section 5. dower to Deal with Trust Assets. The Trustee may from time to time sell,
exchange, lease, encumber, option or otherwise dispose of all or any portion of the assets held intrust
in such manner and upon such terms and conditions as he or she deems advisable, and may make,
execute and deliver deeds, mortgages, leases, assignments and other documents necessary to carry
out any of the powers grarrted the Trustee, and which shall specifically include the authority to grant
leases which extend beyond the period authorized by law.
Section 6• Stock PovygL The Trustee may from time to time vote by person or proxy any
and all stock held in trust and may participate in any reorganization or merger of companies or
corporations whose stock is held in trust. The Trustee may exercise any and all conversion,
subscription, and other rights of whatever nature, inchiding (but not by way of limitation) stock
4
options with respect to any stocks, bonds, or other securities included in trust and, for the purpose
of exercising such rights, shall have the right to sell or otherwise dispose of all or any part of the
assets held in trust or to borrow for the purpose of making payment.
Section 7. Power to Borrow. The Trustee may borrow money for such periods of time and
upon such terms and conditions as he or she deems advisable for the purpose of paying a~ charges
for the protection of improvement of any property held hereunder.
ection 8. Power to Distr~ute in Kind. The Trustee may distribute in cash or kind, or both,
a~ may allot different kinds of property to different shares, in accordance with the specific directions
in this Will, and as he or she deems advisable without respect to the income tax basis of such
property, and such designations or divisions, including the values placed on such property for such
purposes, shall be conclusive upon all parties.
Section 9. ~Jse of Life Insurance Proceeds. The Trustee may use the proceeds of any life
u~uance policies made payable to him or her to purchase as an investmtent for any trust hereunder,
any securities or other property, real or personal, owned by my estate, without liability for any
depreciation in the value thereof; or to make loans to my estate on such terms as he ar she deems
advisable.
Section 10. Power to Settle Claims. The Trustee may adjust, compromise and settle or refer
to arbitration any claim in favor of or against my estate or any trust hereunder, and may institute,
prosecute or defend any and all such legal proceedings as he or she may deem advisable.
Section 11. Power to Emnlo~ents. The Trustee may from time to time employ such
person or persons, upon such terms and conditions as he or she deems advisable, to perform all
ministerial and administrative duties, including investing and reinvesting of the trust property, keeping
5
of the books and records, and preparing all of the necessary tax returns.
Section 12. Power to Merge Trusts. The Trustee shall be authorized to merge or consolidate
the assets of any trust created hereunder with the assets of any other trust created by me during my
lifetime which contains distributive provisions similar to those provided for such trust created
hereunder.
Section 13. employee Benefits. The Trustee may elect to receive or treat the proceeds from
any pension, profit-sharing or other similar employee benefit plan made payable to him or her as
having been received by him or her in a lump sum or installment payments as he or she may deem
advisable, without liability therefor, such election to be binding and conclusive upon all parties.
Under no circumstances shall such proceeds which may be excludable from my estate for Federal
estate tax purposes be used for the payment of any taxes, debts, administration expenses or other
obligations enforceable against my estate, including both probate and nonprobate assets, it being
intended that any exclusion of such proceeds from my gross estate for Federal estate tax and
Pennsylvania inheritance tax purposes be preserved.
Section 14. $ule ®gainst Perpetuities. No trust created hereunder shall continue more than
twenty-one (21) yeazs beyond the life of the last to die of a class consisting of my Husband and my
issue in being at the date of my death, and upon the expiration of such period, all trusts shall terminate
and the assets thereof shall be distributed outright to my nearest lineal descendant who is then ernitled
to receive the net income from each trust.
ARTICLE SEVEN: Trustee
Section 1. T~.stees of Trust. I appoint my daughter, Jill A. Miller, and my son,
Donald M. Juries, Jr., as Co-Trustees under this Will (said Trustees and any successor Trustee being
6
herein refereed to as the "Trustee"). If either of my children is unable or unwilling to serve as
Trustee, the remaining shall act individually. The Trustees may appoint in their absence or as their
successor trustee an individual or a banking institution having trust powers and qualified to do
business in the state of my domicile at the time of my death with fitll power to discharge such
individual or corporate trustee at their discretion.
ection 2. Adminish~ative Duties. Any corporate trustee appointed hereunder shall
perform all ministerial and administrative duties, including the keeping of the books and records,
acting as custodian of the trust property and preparing all necessary tax returns.
Section 3. Waiver of Bond. No Trustee hereunder shall be required to give bond for
the faithful performance of duty in any jurisdiction.
Secti~ Investment Adviser. The Trustee shall have the right to appoint one or
rare qualified investment advisers to manage all or any portion of the assets held in trust hereunder;
no investment adviser shall qualify for appointment hereunder unless it then has at least :Fifty Million
Dollars ($50,000,000) of assets under investment management.
ARTICLE EIGHT: Powers of Fiduciaries
I give to each Fiduciary serving under this Will (whether or not named herein} in addition to
the authority conferred by law and without the necessity of obtaining the order of any court the
following powers: to sell, pledge, mortgage, lease for any term whatsoever, exchange and dispose
of, either publicly or privately, all property, real, personal or mixed, at such times and for such prices
and amounts and upon such terms and conditions as such fiduciary may determine; in particular, my
Executrix shall have authority to invest and reinvest in such stock, bonds and other real, personal or
mixed property of whatsoever chazacter as such fiduciary may determine, all statutory and other
7
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limitations now or hereafter enacted or enforced being hereby waived and without such fiduciaries
being subject to any liability by reason of the keeping of any cash uninvested for any length of time;
to exercise any option that may be owed by me at the time of my death; to borrow money; to
compromise and settle claims; and to make any distnibution or division of property efther in cash or
in kind, or partly in cash and partly in kind, and to allot different kinds of, or interest in, property to
different shares, all as such fiduciary shall determine to be equitable to effect any such distribution.
ARTICLE NINE: Executors
Sect~n 1 • Executors of My Will. I appoint my spouse, Donald M. Jeffries, as Executor of
this Will. If he is unable or unwilling to serve, I appoint my daughter, Jill A. Miller, as successor
Executrix under this Will.
lion 2. Waiver of Bond. No bond shall be required in any jurisdiction of any Executor
serving under this Will including any administrator C.T.A., or ancillary administrator appointed to
administer my estate or if a bond is required by law, no surety on such bond shall be required.
Section.. Administrative Powers. My Executrix or Executor shall have the same broad
powers of retention, sale, corrversion, investment, reinvestment and distribution as are granted to my
Trustee under this Will, without in any way luniting the usual rights and powers vested in an executor.
Section 4• Tax Elections. My Executrix or Executor in connection with the making and filing
of any income tax, estate, inheritance and other death tax, gift tax and other tax returns and paying
any such taxes, whether or not the liability for such taxes arises before, at or after my death, and in
connection with the adjudication or settlement of liability for any such taxes, may make such
elections, decisions, concessions and settlements, including extensions of time for the payment of any
Federal or state taxes or other taxes due as she or he, in her or his uncontrolled discretion, may
8
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determine to be proper, without liability to any person thereby affected, and without the necessity of
having to make compensating adjustments.
ARTICLE TEN: Source of Payment of Taxes and Expenses
All estate taxes, inheritance taxes, transfer taxes, and other taxes of a similar nature, including
any interest or penalties thereon, payable by reason of my death upon or with respect to any property
subject to any such tax, whether or not such property passes under this Will, and all debts, costs of
administration and other proper expenses shall be paid by my Executrix or Executor out of the
principal of that portion of my estate disposed of by Article Four, without reimbursement from or
apportionment among the beneficiaries, recipients, or owners of such property. Assets sold by my
Executrix or Executor to make payments hereunder shall be selected, to the extent advisable, so as
to tlLinimi~.e the recognition by my estate of gain for income tax purposes. At any time prior to the
vesting of a future interest in possession and enjoyment, my Executrix or Executor or the Trustee to
whom my residuary estate has been distn'buted may elect to prepay all or any part of the death taxes
thereon, and such election shall be binding upon all parties in interest.
ARTICLE ELEVEN: lovment of Counsel
I authorize my Executor or hisJher successor appointed herein to employ the services of legal
counsel in the administration of my estate.
ARTICLE TWELVE: Internretation of Will
Section 1. Sin~uiar an Plural: Use of n er. Whenever used herein, the singular shall
include the ph~ral, the plural the singular and the use of any gender shall be applicable to all genders.
(a) C' ;ld, it rep or .Whenever the terms "child", "children" or "issue" aze
9
used herein, such terms shall include adopted children, regardless of the date of
adoption, with full effect as if they were the natural children of the adopting parents.
Such terms aze also intended to include persons in gestation at any pertinent time
under this Will, provided such persons survive birth by thirty (30) days.,
(b) Education. Whenever the terms "education" or "complete education" aze used
herein, such terms shall include all tuition, travel, room, boazd, and other costs and
expenses related to preparatory, special, vocational, business, college, post-graduate,
professional and other training.
(c) Whenever the term "health" is used herein, such term shall include all
medical, dental, hospital and nursing expenses and expenses of invalidism.
Section 3. ~tions• The captions of articles and sections of this Will are for convenience
of reference only and shall not affect the interpretation of this Will.
11V WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of
~~~~ra~r~ 1998.
~~~C~ (SEAL)
KATHE FFRIES
Signed, sealed, published and declared by the above-named KATHERINE E. JEFFRIES, as
and for her Last Will in the presence of us and each of us, who, at her request, in her presence and
in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and
yeaz last above written.
WITNESSES:
Residing at _ j1~ 1~~.
l~e~~
Residing at ~~~~ (,G~.
Zo
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
I, KATHERINE E. JEFFRIES, the Testatrix, whose name is signed to the foregoing
u>.strument, having been duly qualified according to law, do hereby acknowledge that I signed it
willingly; and that I signed it as my free and voluntary act for the purposes therein expressed.
~~i~ C6'~ (SEAL)
KATHERINE E. ES
Sworn or affirmed to,,...~~u1d acknowledged before me by KATHERINE E. JEFFRIES, the
Testatrix, IS day oft~.ht'"~;l (~ f~ , 1998.
NOTARIAL SEAL
TRACEY L. THOMPSON, Natary Public
Camp Hiil, Cumberland County
~(nission Expires Feb.19, 2001
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
We, ~ ~~~,/~ f- ~~ and o ~crf- ~.,[~ ~ ,~,,~ the witnesses,
whose names signed to the foregoing instrument, being duly qualified acco~rdnig to law, do depose
and say that we were present and saw the Testatrix sign and execute the instrument as her Will, that
she signed willingly and that she executed it as her free and voluntary act for the purposes therein
expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses, and
that to the best of our knowledge, the Testatrix was at that time 18 or more years of age, of sound
mind and under no constraint or undue influence.
Sworn to and subscn'bed before me /1" ~ ~ and
.~oh~,rf- 3 R~~S fry b P ~ f ~ ,the witnesses, ST day of ~ J (\ ~ 1998.
~~
Notary blic
NOTARIAL SEAL
TRACEY L. THOMPSON, Notary Public
Camp Hiil, Cumberland County
My Commission Expires Feb.19, 200