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HomeMy WebLinkAbout05-14-12Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/are 18 yeazs 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: James Renfrew Johnston. III File No: ~ 'I ~ ~,~ a/k/a: Jim Johnston (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 3/19/2012 Age at death: 88 Decedent was domiciled at death in Cumberland County, Pennsylvania (state) with his/her last principal residence at 629 Belvedere St Carlisle 17013 Boroueh of Cazlisle Cumberland Street address, Post Omce and Zip Code City, Township or Borough County Decedent died at Carlisle Reeional Medical Center Carlisle Cumberland PA Street address, Post Office and Zip Code City, Township or Borough County State Estimate of value of decedent's property at death: /jdomiciled in Pennsylvania ........................... . All personal property $ 4,100.00 /f nat domiciled in Pennsylvania ....................... . Personal property in Pennsylvania $ ljnot domiciled in Pennsy/vania ...................... . .Personal property in County $ Value ojrea! estote in Pennsylvania ..................... ................................. ... $ TOTAL ESTIMATED VALUE. ... $ 4.100.00 Real estate in Pennsylvania situated at (Attach additional sheets, iJ'necessary.) Street address, Post Office and Zip Code City, Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated January 29, 2004 and Codicil(s) thereto dated ne., ., wi hh„<t„ Pd ~ Pxrrutrix A nn ~I 14 2012 e State relevant Circumstances (eg. renunciodon, dears of exeeuror, elc.) Except as follows: after the execution of the instmment(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(8), and did not have a child bom or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. Q NO EXCEPTIONS Q EXCEPTIONS © B. Petition for Grant of Letters of Administration ([fappscable) c. t.a., d.b.n., d. b.n.c.t.a., pendente Irte, 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(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person. .~ r~, Q NO EXCEPTIONS O EXCEPTIONS ~~~~C N Petitioner(s), after a proper search has/have ascertained that Decedent left no W ill and was survived by the following spywp..~f rinf) and additional sheets, ifnecessary): ~I'..-- ~ l l Name Relationshi Address ~~-,.- C:~. o ~ K+F'J -i T G~ i Form RW-02 rev. !0/1//20/1 Page 1 of 2 L Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF Cumberland } in consideration of the foregoing Petition, that Letters Petitiooer(s} Printed Name Petitioner(s) Printed A.d¢s; John C Oszustowicz 104 S Hanover St. Cazlisle PA 17013 ~F~F~Hhd~~ ~ ~~r PA The Petitioner(s) above-named swear(s) or affirm(s) the statements in the fore ing Petition are true and corzect to the best ofthe knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Decedent, the Pet 'cyi r s) wi ~ well and truly administer the estate acwrding to law. Sworn to or affirmed and subscribed before \ ~ Date S//5!/!'2_ me this day of ,~ Date By: Date Ae Register Date BOND Required: Q YES Q NO FEES: Letters ~Ij .................... )Short Certificate(s).... .. $,~)lJ . . ( ( )Renunciation(s)....... .. C ~ ( )Codicil(s) ... . ....... .. T ( )Affidavit(s).......... . . Bond .. .................... .. Comm iss' on.. ........ Other Automation Fee ............... ]CS Fee .................... TOTAL ..................... $ 0.00 To the Register of Wi!!s: Please enter my appearance by imy signature below: Attorney Signature: ~` ~. Printed N me: John C Oszustowicz Supreme Court ID Number: 37076 Firm Name: Law Office of John C Oszus[owicz Address: ]04 S Hanover St. Carlisl@, PA 17111 ~ 717-243-7437 717-258-8379 ~nhnn rarlislenalaw.rnm 9U~Szs DECREE OF THE REGISTER Estate of James Renfrew Johnston III File No: ~~~ ~~ ~ _~~ a/k/a: AND NOW, - satisfactory proof ~sented before me, IT are hereby granted to, the instrnment(s) dated I €A'~ ;i)~ described in the Petition be admitted to probate and Sled Official lJs al REC~'~~~,;! ' ~FHi~ ~F r- ~,.,._, ,,, pN~:~y.;~~~ ,.~ }},~~;. ~~ 2~~L MiAI I~ r7 r. inf~ie above estate and (if applicable) that Will (an,~Codich(s)) of Farm RW-02 rev. 10/1//101/ ~ ~ J'(~Qe 'z OfZ ~~_ __ ~Sf_C0~1~D (FFi,~E OF ~;G:S~~'':~ '.''~Iic _.~.~ LAST WILL AND TESTAMENT 21;lZ MAY ~ 4 t~f iQ: I y OF i.:,_e'~ O,RPhtf;IV';; i;,;~i;r JAMES R. JOHNSTON, III 1;llME3ERLAN(J CO., Pq I, James R. Johnston, III, of Cumberland County, Pennsylvania, do make, publish and declaze 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 1: I direct the payment of my just debts and funeral expenses, including a suitable and proper grave mazker, as soon as conveniently can be done following my decease. ITEM 2: I direct that all 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 virtuf; of the passing of any property either under my Last Will and Testament, or in any other manner, shall be paid from my residuary estate, just as if such taxes were my debts, and no beneficiary shall be required to pay or refund any part thereof. ITEM 3: The articles of household use in the home of my wife, Marion N. Johnston, and myself are owned by the two of us as tenants by the entirety, and I therefore make no disposition of the same because upon my death, she will be the sole owner thereof by operation of law, if she survives me. Should my wife, Mazion N. Johnston, fail to survive me, then I have prepazed a memorandum that will be found with this, my Last Will and Testament that sets forth articles of household use and the persons to whom those articles aze to be given if my wife does not survive nee. If my memorandum does not dispose of all of such articles of household use, or if there is no memorandum found with my Last Will and Testament, then all of such articles of household use not disposed of shall be given to my surviving childrec, as they shall determine. If they cannot reach agreement, my Executor shall make distribution to my children, as he deems appropriate in his sole discretion. ITEM 4: My tangible personal property (excluding money, se;curities and the like) and my motor vehicles, together with all insurance relating thereto, I give and bequeath unto my wife, if she survives me. Should my wife fail to survive me, then I have prepazed a memorandum that will be found with this, my Last Will and Testament, that sets forth items of tangible personal property and the persons to whom those items aze to be given. If my memorandum does not dispose of all of such items of tangible personal property, or if there is no memorandum found with my Last Will and Testament, then all of such items of tangible personal property not disposed of shall be given to my children, as they shall determine. If they cannot reach agreement, my Executor shall make distribution to my children, as he deems appropriate in his sole discretion. ITEM 5: All of the rest, residue and remainder of my estate of whatsoever nature and wheresoever situate, I give, devise and bequeath unto my wife, Marion N. Johnston, if she survives me. ITEM 6: If my wife, Mazion N. Johnston, does not survive me, then after calculating the balance remaining after the payment of the debts and. expenses of the administration of my estate, my Executor hereinafter named shall determine the balance remaining and ten (10%) percent of such balance I direct to be divided among the following charitable beneficiazies: 2 (1) I give sixty (60%) percent to the SECOND PRESBYTERIAN CHURCH, of Cazlisle, Pennsylvania. It is my wish, but not my order, that the monies aze used for the following: (a) An amount to be placed in an endowment fund for the Church's Memorial Garden; (b) An amount to be put into an endowment fund for scholarships to be awazded by the Church; (c) An amount to be used for the possible purchase of an organ for the chapel and for the purchase of chancel furniture for the chapel. If it appears inappropriate or untimely to make such use of these funds, the money shall be added to the scholarships. (2) I give forty (40%) percent in equal shazes to the following organizations: i1NITED WAY; MARYVILLE COLLEGE; HAVERFORD COLLEGE; PROJECT SHARE; CARLISLE REGIONAL PERFORMING ARTS CENTER, INC.; SAMARITAN FELLOWSHIP; AND PRESBYTERIAN HOMES GF CENTRAL PENNSYLVANIA. Then all of the residuary estate shall be given, devised and bequeathed in equal shares unto my children, Jennifer, Gail, Ann, David, and Lucille subject to the provisions of ITEM 7. The amounts payable hereunder to my son David will instead be held in trust for his benefit until he reaches age 60. Fmm the trust assets, David shall receive annual distributions equal to 6% of the trust assets as they are valued on December 31 of each yeaz. For example, if on December 31 the trust assets equal $100,000 then the trustee will pay out $6,000 to my son David or for his benefit in the following year. Payments shall be made quarterly. I appoint my daughter Lucille to be Trustee and I appoint my daughter Ann as alternate Trustee to serve if Lucille is not willing or not able to serve. My Trustee shall have discretion to make additional payments to my son David or may make payments for his benefit, even out of principal if she, in her sole discretion, deems such payment appropriate. If a child does not survive me, then his or her shaze shall be divided as follows: if a child predeceases me leaving children then my deceased child's share shall be divided equally between his surviving children. I appoint Lucille to act as T~vstee of the assets of any minor beneficiary. Ann shall be alternate Trustee if Lucille is not willing or not able to serve. If a child of mine predeceases me and leaves no children then the gift shall lapse and the residuary estate shall be given to my surviving children subject to the provisions of ITEM 7. If none of my children survives me, my residuary estate shall be distributed one-half (1/2) unto my intestate heirs as determined under the laws of the Commonwealth of Pennsylvania in effect at the time of my death and one-half (I /2) unto my wife's intestate heirs as determined under the laws of the Commonwealth of Pennsylvania in effect at the time of my death, subject to the provisions of ITEM 7. ITEM 7: I further direct, anything hereinbefore to the contrary notwithstanding, that in the event any or all of the distributions provided hereunder (except as provided in Items 3, 4 and 6 above) be to a beneficiary or beneficiazies while she;, he or they aze still under the age of thirty-one (31) yeazs, that distribution of the share of each such beneficiary be instead to my Trustee Lucille with Ann as alternate Trustee, to be held by my Trustee in a sepazate and distinct trust for each such beneficiary for the following Purposes: A. My Trustee shall accumulate the net income earned on each trust and shall add the same to the corpus until the beneficiary of said trust has reached the age of twenty- one (21) years. Thereafter, the Trustee shall distribute the net income earned on each trust to the beneficiary of that trust in regular installments, and at least quarter-annually. B. In the sole and uncontrolled discretion of my Trustee, he may utilize both the income and/or principal of each trust for the health, maintenance, education and support of the beneficiary of that trust. It is my desire, but not my direction, ghat my Trustee encourage any and all of the beneficiaries of the trusts created by this Will to further their education along those lines which interest each beneficiary and provide for higher education (college, professional, technical or any other forms of higher education) of any or all of my beneficiazies, up to the extent or limit of principal and income of the trust of which he or she is a beneficiary. C. My Trustee may pay over from time to time such of the principal of the beneficiazy's trust as he or she may request in writing, provided the intended use is for a purpose which the Trustee believes will promote his or her support, such as the purchase of a home, establishing a business or profession, wedding expenses, etc. D. My Trustee shall make expenditures for any beneficiaries without the intervention of a guazdian. E. My Trustee may pay the reasonable burial expenses, including a suitable and proper grave marker, for the beneficiary of any trust that has not been terminated by previous distribution, and if my Trustee, in the exercise of his sole discretion, chooses to pay the same, he shall charge the expense thereof against the trust o:f that beneficiary. F. The beneficiary of each such trust shall have the right to withdraw in one or more installments up to one-third (1/3) of the market value of the principal of his or her trust after attaining the age of twenty-five (25) years and prior to attaining the age of twenty-eight (28) yeazs. The beneficiary of each such trust shall have: the right to withdraw in one or more installments up to one-half (1 /2) of the mazket value of the principal of his or her trust after attaining the age of twenty-eight (28) yeazs and prior to attaining the age of thirty-one (31) years. And the beneficiary of each such trust shall have the right to withdraw in one or more installments the balance o1.'the market value of the principal of his or her trust, after attaining the age of thirty-one (.i l) years. The market value of the principal shall be determined by my Trustee when the M;neficiazy, upon reaching each of the permitted ages for withdrawals, makes the first withdrawal for the age category. G. In the event any beneficiary or beneficiaries subject to the provisions of this item dies prior to having received full distribution of his or her trust, my Trustee shall distribute the Trust to those persons who would be considered as the beneficiaries of my residuary estate; provided, however, such residuary beneficiazies sh~dl be determined as if I had died on the date of death of the trust beneficiary rather than my date of death. ITEM 8: In the administration of my estate and the trusts herein created, my Executor and Trustee 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 and Trustees of estates and trusts, which powers shall continue after the termination of my estate and the trust or trusts provided for herein until actual distribution of the assets: A. To receive in the estate and to receive and retain in the trusts any assets, real or personal, to which I may be entitled at the time of my death, which my Executor or Trustee may deem for the best interest of the estate or trusts without being required to convert said assets. B. To invest and reinvest in such securities as a prudent man 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, said investment authority to include the right to invest in any Discretionary or Legal Common Trust Fund that may be administered and managed by my 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 therefore; to reinvest the proceeds as if they had originated in personal property; to mortgage or encumber any real estate held intrust, or comprising part of my estate, borrowing the necessary funds from any source, including themselves; to improve any property or otherwise expend principal funds for the upkeep and. welfaze 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 they aze the owners thereof, including the right to let property and to make leases for any term including beyond the terms of the trusts. The purchaser shall not be required to see to the proper application of proceeds but may pay the same over to the Exfxutor or Trustee selling the same. D. To make distribution hereunder in cash or of property and securities in kind at fair mazket value at the time of such distribution and in such a manner as to be fair, equitable and just to all concerned. Distributions of property and securities aze not required to be identical among the beneficiazies and shares, and some may receive one type of property or security while another may receive another type of property or security. E. Income accrued on any property received by my Trustee either at the inception of the trust or as an addition thereto shall be treated as income and not as principal. Upon the death of any beneficiary of income, any undistributed income in 1:he hands of my Trustee held for such beneficiary at the time of his or her death shall be paid to the person or persons for whose benefit the principal producing such income is ~aontinued intrust or to whom it is distributed under the terms of this Will. F. To exercise any election or privilege given by the federal and other tax laws, including but not limited to, the consent on gift tax returns to have a,~y gift made by my spouse considered as made in part by me for gift tax purposes, the filing of joint income tax returns, the payment of any portion of income or gift tax due under such returns, the election of the alternate valuation for federal estate tax purposes, the election to claim deductions for federal estate tax or for federal income tax purposes, the allocation of the federal generation-skipping taac exemption and the election of the method of payment of pension, profit-shazing, HR-1 O, individual retirement account, and any other similaz benefits. In addition, my fiduciazies, in their sole discretion, may make or not make equitable adjustment among the beneficiazies, without the consent of the beneficiazies, for the exercise or non-exercise of any election or privileges. In particulaz, the Executor is also authorized: i. To allocate any of my exemption from the Federal Generation Skipping Transfer Tax provided in Section 2631 of the Internal Revenue Code of 1986, as amended (the "Code"), which is available at the time of my de;ath to any property as to which I am deemed to be the transferor under the provisions of Section 2652(a) of the Code, including any property transferred during my life as to which I did not make an allocation prior to my death. ii. Property may be subject to allocation under Subparagraph i of this ITEM 8 F. whether or not it is included in my probate estate. All allocations under Subparagraph i of this ITEM 8 F. shall be in the sole discretion of my Executor, who shall have the power to omit any such property from any such allocation. Any decision made by my Executor shall be binding on all persons. G. To disclaim and/or renounce any amounts to which I may be entitled from any trust or estate of which I am a beneficiary if my fiduciary, in such fiduciary's sole discretion, believes such renunciation or disclaimer would be appropriate. H. To register or carry any investment in their own names or in the names of one or more nominees including that of a Corporate Trustee or a member firm of the New York Stock Exchange, a clearing house, a depository, in book entry form, or to retain any such investment unregistered or in a form permitting transfer by delivery. I. To vote by person or proxy and to participate in any reorganization or merger of companies or corporations whose stock is held by them My fiduciaries may exercise any and all conversion, subscription and other rights of whatever nature, including, but not limited to, stock options with respect to any stocks or other securities and shall have the right to sell or otherwise dispose of all or any part of the assets held or to borrow for the purpose of making payment. J. To allocate to principal corporate distributions received in shares of the distributing corporation, regardless of the number of shares and however described or designated by the distributing corporation. K. To employ from time to time such person or persons, upon such terms and conditions as they deem advisable, to perform all ministerial and administrative duties, including investing and reinvesting property, keeping books and records and preparing all tax returns. L. If my Trustee determines, in his sole discretion, that the principal of any one (1) or more of the trusts provided herein is too small to administer in a cost effective manner for the benefit of the beneficiazies, then the Trustee shall be permitted to distribute the principal and any accumulated income to the then exisl:ing income beneficiazies of such trusts. ITEM 9: No assignment or order by any beneficiary by way of anticipation of any of the principal or income of the trusts herein created shall be valid; but the income and principal shall be paid duectly to the beneficiazies entitled to receive it, and the income and principal shall not be subject to attachment, execution, levy, sequestration, hypothecation, garnishment or other process while in the hands of my Trustee. ITEM 10: If, for any reason, a guardian over the estate of a beneficiary or beneficiazies is needed or required, my Trustee, or his successor, shall be the guazdian of the estate of such beneficiary or beneficiazies, with the same rights, powers, privileges, duties and responsibilities as I have given to him as Trustee. ITEM 11: All references in my Will to children and intestate heirs 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 pazents, and they and their descendants shall 10 be considered as issue of their adoptive pazents, regardless of the datE; of the adoption. For purposes of this Will, my children shall include Jennifer, Gail, Ann, David and Lucille. ITEM 12: I nominate, constitute and appoint my wife, Maziou N. Johnston, as Executrix of this, my Last Will and Testament. If my wife is unable or unwilling to serve or to continue to serve as Executrix, my lawyer, John C. Oszustowic:a, shall serve as sole Executor. If he is unable or unwilling to serve or to continue serve a<.~ an Executor, Tricia D. Naylor, Esq. shall serve as sole Executrix. No Executrix, Executor or Trustee shall be required to give bond. ITEM 13: Wherever the context requires, the masculine gender shall include the feminine and neuter gender, and vice versa, and the singulaz shall include the plural, and vice versa. IN WITNESS WHEREOF, I have hereunto set my hand and seal this .2 ~ day of , 2004. ~ r ames R. Jo III Signed, sealed, published, acknowledged and declared by the above-named Testator, James R Johnston, III 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 Of ~~ poAn. W 6n ra.~- ~ . ~Q.t~l S~ta ~ -~~- l 1 e r 3 Of 90J ~ r,(~ /o~ 7l~ .f 1~ ~G v~J iii, /"!'/~ ~ 7d o 3 11 oat names as witnesses thereto. COMMONWEALTH OF PENNSYLVAMA ) SS: COUNTY OF CUMBERLAND ) I, James R. Johnston, III, 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 therein contained. Sworn to or affirmed and acknowledged before me by James R Johnston, III, the Testator, this 29*'~ day of J Gv~v.ar U , 2004. Notary Public A C . ~ .~- r J R Johnston,II 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 his Last Will and Testament; that he signed and executed it willingly as his free and voluntary act for the purposes therein expressed; that each of us in his 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 eighteen (18) yeazs ofage or older, of sold mind and under no constraint or undue influence. 1I ~ Swom to or affirmed and subscribed to before me byJohv~ C QS7a.~c}owicZ and 'I"r ~ c_t a D . NAV I w^ witnesses, this Zgt"dayof ~yar,~,.ctYU 2004 ~ ~ 'L l ~-~ Notary Public NO~TIIRIAI.8EAL C~Alle Ba0. ~C~~ MyGanabbtt B~ha Od. 10.1006 t 2