HomeMy WebLinkAbout06-22-12_ _ n ~-
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PETITION 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: WILLIAM A. GRAFF
a/k/a•
aik/a:
a/kla:
Date of Deatb: 05!26/2012
Fite No: (\Ll' 1 ~' ~~D / J
(Assigned by Register)
Social Security No: 342-12-8054
Age at deatb: 88
Decedent was domiciled at death in CUMBERLAND County, pRNNCYI.VANiA (scare) with his/her last
principal residence at 69 SPRUCE CIRCLE. NEWVILLE 17241 WEST PENNSBORO TOWNSHIP CUMBERLAND
Street address, Post OfBee and Zip Code City, Towuahip or Borough Coaoty
Decedent died at PINNACLE HEALTH. HARRISBURG 17101 CITY OF HARRISBURG DAUPHIN PA
Sd~eet address, Post Otace aed Zip Cade City, Towuship or Borough County State
Estimate of value of decedent's property at death:
If domtclled in Pettnaylwnia ............................ All personal property $ 25,000.00
if not domiciled in Pennsylvania ........................ Personal Property in Pennsylvania $
If not domicUed in Pennsylvania ........................ Personal property in County $
Valae ofreoles[atein Pennsylvania ......................................................... $
TOTAL ESTIMATED VALUE.... $ 25.000.00
!teal estate in Pennsylvania situated at:
(Attach additional sheets, ijnecessary.)
Street address, Pont Office sod Zip Code City, Township or Borough Connty
® 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 NOVEMBER 1, 2002 and Codicil(s)
thereto dated
State reknut dreumstauces (eg. renunciation, dtath ojsxecaror, 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 divoroe 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.
0 NO EXCEPTIONS Q EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a., d.b.n., d.b.n.c.t.a., pendente life, durance absentia, durante minoritate
If Administration, ar.a. or db.n.c.ta., enter date of Wilt in Sectlon A above and complete Hat 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.
Q NO EXCEPTIONS Q EXCEPTIONS ^'
Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by the followings if any) ar ~fteirs
additional sheets, if necessary): G
f Y
Name Relationshi Address •_~Y N ri
- -,
~--
c.
Harm l¢W-oz rev, roi~tnoll Page 1 of t
Oath of Personal Representative offioial use only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND }
Petitioner(s) Printed Name Pefltioner(s) Printed Address
ROBERTA P. GRAFF 69 SPRUCE CIRCLE NEWVILLE PA 17241
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 belief
of Pedtioner(s) and that, as Personal Representative(s) ofthe Decedent, the Petitioner(s) will well and tnily administer the estate according to law.
Sworn to~p~~firmed an~stltbscribed before ~~ ,~~ ~ /~ ~ ~._ Date ~ ~
..` ,~
BOND Required: Q YES Q NO
FEES:
Letters ..................... .
( 4) Short Certificate(s)..... .
( )Renunciation(s)........ .
( )Codicil(s) ............ .
( )Affidavit(s)........... .
Bond ........................
Commission ................. .
Other ........
WILL ........
$ 60.00
16.00
15.00
Automation Fee ............... 5.00
JCS Fee ..................... 23.50
TOTAL ..................... $,~11
To the Register of Wills:
Please enter my appearance by my signatare below:
Attorney Signature:
~ ' /3 . ~..
Prieted Name: ROG R B. IRWIN, ESQUIRE
Supreme Court
ID Numher: 6262
Firm Name: IRWIN & McKNIGHT, P.C.
Address: FO WFCT PnMFRF.T CTRF.F.T
t'ARi iSL.F,~A 1701 ~
Phone:
Fax:
Email:
(717)249-2353
!717)249-6354
DECREE OF THE REGISTER
Estate of WILLIAM A CRA~F
a/k/a:
AND NUW, O ~ ~ U~, in consideration of the foregoing Petition,
satisfactory proof having en presented before me, IT IS DECREED that Letters TESTAMENTARY
are hereby granted to ROBERTA P. GRAFF
in the above estate and (if applicable) that
the instrtttnent(s) dated' NOVEMBER 1 2002
described in the Petition be admitted to probate and filed
Form RW-02 rev. 10/11/2011
File No: ~~~=J~ - ~ C~ ~ /
... .. ~~
LOCA 'S CERTIFICATION OF DEATH
WARNI , ~1 ~t plicate this copy by photostat or photograph.
Fee for this certificate, $6.00
y3~
i
P 18571166
Certification Number
TYP•/Print In
P•MlPnpn[
2012 JUN 22 AM N ~ 4 ~ This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
L.rl ~r}` ,. certificate will be forwarded to the State Vital
~~[~ ~ufl Records Office for permanent filing.
CINyIBERI.AND CO., PA Q ' (~
Local Re strar Date Issued
COMMONWEALTH OF PENNSYLVANIA • OlPMTMENT OF HEALTH • VITAL RECORDS
tNe Flle Numb r:
ent's Lepl N•m• FIn4 MI Ole, Vey Su 1 3. lox a SKUrtty NumWf 4 D
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Olepmttion PermK No. ~J1tt~/ REV O>/3033
~~- ~ ~~
LAST WILL AND TESTAMENT
C. f
{a' N
crr;=" N
I, WILLIAM A. GRAFF, of Newville, Cumberland County, Pennsyl beinp¢of
sound mind, disposing memory and full legal age, do hereby make, publish a~. eclare his
instrument to be my Last Will and Testament, hereby expressly revoking all Wills and CodS~Ails
heretofore made by me.
ONE: I direct my Executor or Executrix, as the case may be, to pay all of my debts,
funeral and administrative expenses as soon as may be done conveniently after my decease.
Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or
payable by reason of my death and all interest and penalties thereon with respect to all property
composing of my gross estate for death tax purposes, whether or not such property passes under
this Will, shall be paid by the Executor or Executrix of my estate.
TWO: My Executor or Executrix, as the case may be, may, at his or her discretion,
compromise claims, borrow money, retain property for such length of time as he or she may
deem proper; lease and sell property for such prices; on such terms, at public or private sales, as
he or she may deem proper; and invest estate property and income without restriction to legal
investments unless otherwise provided hereunder. I authorize and empower my Executor or
Executrix to sell any realty and/or personalty owned by me at my death and not specifically
devised or bequeathed herein, at public or private sale or sales and to give good and sufficient
deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix
is authorized and empowered to engage in any business in which I may be engaged at my death,
for such period of time after my death as seems expedient to said Executor or Executrix.
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THREE. I hereby give, devise and bequeath all of my estate of every nature and
wherever situate to be distributed IN TRUST, for my spouse, ROBERTA P. GRAFF, subject to
the following provisions:
A. The estate shall be divided by the Trustee into two separate trusts, hereinafter
referred to as Trust A (the Marital Trust), and Trust B (the Family Trust).
B. Trust A, the Marital Trust, shall consist of all of my assets other than those
allocated to Trust B, the Family Trust.
C. Trust B, the Family Trust, shall consist of assets equal in value to the
maximum amount, if any, that are necessary to permit my estate to use in full any federal estate
tax unified credit which has not been claimed for distribution during my lifetime after
considering any adjusted taxable gifts and bequests by Will which do not qualify for the marital
deduction and all charges to principal of the estate which are not deducted in computation of the
federal estate tax of my estate; provided ,however, that the allocation of the Family Trust shall
be satisfied with assets as of the date of allocation or distribution; and provided further that any
assets which do not qualify for the federal estate marital deduction shall be used first to satisfy
the allocation to this Family Trust.
D. From the Marital Trust, the Trustee shall pay all of the net income to my
spouse, ROBERTA P. GRAFF, in monthly payments. My spouse also has the right to receive
from the Trustee all or a portion of the principal from the Marital Trust and to change the
beneficiaries of this Marital Trust in my spouse's discretion. At the death of my spouse, the
Trustee shall distribute the remaining principal and accumulated income of the Marital Trust in
equal shazes to my children, ARTHUR STEVEN GRAFF and TRUDY GRAFF BAILEY, per
stirpes, which provides that the child or children of any deceased child taking the share their
parent would have taken if living. If one of my children dies without living issue, the share of
said deceased child shall be distributed in equal shares to my other children living at that time of
my decease, per stirpes.
E. From the Family Trust, the Trustee shall pay all of the net income to my
spouse, ROBERTA P. GRAFF, in monthly payments. The Trustee may distribute to my spouse
such amounts from the principal of the Family Trust as provided hereunder, up to the whole
thereof, as the Trustee, in his or her discretion, shall deem necessary or advisable to provide for
the caze, maintenance and support of my spouse, so as to support my spouse in my spouse's
accustomed manner of living, provided, however, the Trustee shall consider any other sources of
income available to my spouse when making payment hereunder. The Trustee shall, when
requested by my spouse, pay five (5%) percent of the principal or $5,000.00, whichever amount
is greater, annually to my spouse during my spouse's lifetime, but in no way shall the Trustee
distribute more of the principal of this Family Trust to my spouse than in the above amounts.
This limited right to make withdrawals from the principal of the trust estate is noncumulative, so
that an amount which might have been withdrawn during a particulaz yeaz may not be withdrawn
in any subsequent yeaz. Upon the death of my spouse, the remaining accumulated income and
principal of the Family Trust shall be distributed in equal shares to my children, ARTHUR
STEVEN GRAFF and TRUDY GRAFF BAILEY, per stirpes, which provides that the child or
children of any deceased child taking the shaze their parent would have taken if living. If one of
my children dies without living issue, the share of said deceased child shall be distributed in
equal shares to my other children living at that time of my decease, per stirpes.
F. If any of my beneficiaries or heirs are under the age of twenty-one (21) years of age at
the time of my death and inherit any assets hereunder by virtue of my death, then in that event,
the Trustee shall hold all of their respective share(s) IN TRUST according to the following terms
and conditions:
Upon the creation of this Trust, the Trustee shall divide this trust principal into individual
shazes in the name of each heir or beneficiazy in the amount equal to the amount that said heir or
beneficiary inherited hereunder. The Trustee, as well as my representative, is hereby authorized
to retain, unconverted, any property, real or personal, that I may own at my death and shall be
under no duty to convert it into legal investments. The Trustee shall have the power and
authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust
property, to or for the use of said heir or beneficiary, or to accumulate it in the sole discretion of
the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and
benefit of my heirs or beneficiaries such portion of or all of the principal of the trust estate as in
the Trustee's sole discretion seems proper for their support, maintenance, education, or medical
caze. My primary object is to insure the support, maintenance, education and medical care of my
heirs and beneficiaries until they reach the age of twenty-one (21) yeazs. However,
notwithstanding the above, the Trustee shall have the sole discretion throughout the duration of
this trust in which to distribute any of the trust principal or income for the benefit of any of my
heirs or beneficiaries for any such purpose as the Trustee deems reasonable under the
circumstances such as but not limited to the purchase of real property, tuition for further
education or any other purpose which would in the Trustee's sole discretion advance the best
interest of said heir or beneficiary. When each respective heir or beneficiary reaches the age of
twenty-one (21) years, then whatever remains of income or principal of the said heir's or
~~
beneficiary's divided share under this trust estate shall be distributed to said heir or beneficiary,
per stirpes, which provides that the child or children of any deceased heir or beneficiary shall
take the shaze their pazent would have taken if living. In the event that any said heir or
beneficiary becomes deceased prior to the final distribution hereunder without leaving surviving
issue, said deceased heir's or beneficiary's share shall be divided equally between all of the heirs
and beneficiaries who aze a part of this trust and distributed in accordance with this paragraph.
For whatever reason there aze no heirs and beneficiaries remaining as a part of this trust, then in
that event, the rest, residue and remainder hereof shall be distributed in equal shazes to the
residual beneficiaries set forth in Paragraph Three G. set forth directly below.
G. In the event that my spouse predeceases me, dies simultaneously or I choose
for whatever reason during my lifetime to withdraw all of the assets from the Marital Trust set
forth in my spouse's Last Will and Testament or if I have accumulated any other assets which aze
not being held in trust hereunder or under any written trust document executed by me during my
lifetime, then in that event, I hereby give, devise and bequeath all the rest, remainder and residue
of my estate under this Paragraph in equal shazes to my children, ARTHUR STEVEN GRAFF
and TRUDY GRAFF BAILEY, per stirpes, which provides that the child or children of any
deceased child taking the shaze their pazent would have taken if living. If one of my children dies
without living issue, the shaze of said deceased child shall be distributed in equal shares to my
other children living at that time of my decease, per stirpes.
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5
FOUR. I make the following provisions pertaining to generation-skipping transfers:
A. My Executor or Executrix, as the case may be, may allocate any part of my
generation-skipping tax exemption which I have not irrevocably utilized during my lifetime in
such manner as my Executor or Executrix shall determine.
B. For purposes of fully utilizing my generation-skipping tax exemption if my
spouse survives me, my Executor or Executrix may make the election provided for in Section
2652(a)(3) of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code") to
the extent my Executor or Executrix has elected to treat all or part of the property passing under
this Will or under any deed of trust of which I am the settlor as "qualified terminable interest
property" under Section 2056(b)(7) of the Internal Revenue Code.
C. My Executor or Executrix may elect not to have the deemed allocation
provisions of Section 2632(b) of the Internal Revenue Code apply to transfers made by me during
my lifetime.
D. To the extent that the allocation of any generation-skipping tax exemption
would not result in a particular trust being completely exempt from the generation-skipping tax,
the Trustee shall sepazate such trust into two trusts, one of which is exempt from and one of
which is fully subject tot the generation-skipping tax. In the case of a trust which has not
received assets at the time the exemption is allocated, the separation shall occur prior to any
funding of the trust. A trust which is completely exempt from the generation-skipping tax shall
be referred to as an "exempt trust" and a trust which is subject in any part to the generation-
skipping tax shall be referred to as a "non-exempt trust".
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6
E. If the Trustee separates a trust into an exempt trust and anon-exempt trust
under the immediately preceding paragraph:
(1) Any person who has a power of appointment with respect to that trust
may exercise such power differently as between the exempt trust and the non-exempt trust.
(2) The percentage or fraction of principal that a beneficiary may
withdraw shall be calculated with respect to the total principal held in both the exempt and non-
exempt trusts. However, so long as there is any principal held in the non-exempt trust, to the
maximum extent possible any withdrawal shall be paid from the non-exempt trust.
(3) If the Trustee has the discretionary power to distribute income of a
trust among "skip persons" and "non-skip persons" as defined in Section 2613(b) of the Internal
Revenue Code, the Trustee may exercise such power differently as between the exempt trust and
the non-exempt trust.
F. In making any distributions hereunder for the various beneficiaries my
fiduciaries may allocate among such distributions assets which are exempt from generation-
skipping tax equally or pro rata or on such other basis as they shall in their sole and absolute
discretion determine, taking into account possible needs of beneficiaries for distributions of
principal, possible appreciation in the value of trust assets during the lifetimes of the
beneficiaries or such other factors as the fiduciaries consider significant.
G. The Trustee may combine into a single trust two exempt trusts for the benefit
of the same beneficiary; similarly, the Trustee may combine non-exempt trusts for the same
beneficiary.
7
H. No power to expend principal of an exempt trust for a beneficiary who is a
"non-skip person" as defined in Section 2613(b) of the Internal Revenue Code may be exercised
by the Trustee so long as there is any principal held in anon-exempt trust and in which the
trustee has a similar power to expend principal for such beneficiary.
I. In addition to all other powers set forth in my Will, if at the death of a
beneficiary other than my spouse, including a person who becomes a beneficiary pursuant to the
exercise of a power of appointment under my will, there is principal held in anon-exempt trust
for that beneficiary and if in the absence of this power of appointment there would be a taxable
termination with respect to such trust as defined in Section 2612 of the Internal Revenue Code,
such beneficiary shall have the power by Will containing a specific reference to this power of
appointment to appoint any part or all of such principal outright to any one or more of his or her
creditors and the creditors of his or her estate. Upon the beneficiary's death, to the extent he or
she fails to exercise effectively such power of appointment, the Trustee shall pay to the
beneficiary's estate or to the tax authorities an amount equal to any increase in estate, inheritance
and other death taxes, and interest and penalties thereon, payable because of the inclusion of the
unappointed principal in the beneficiary's estate for tax purposes. The remaining unappointed
principal shall be distributed in accordance with the terms of the trust.
FIVE. The Trustee, as well as my Executor or Executrix, shall have the following
powers, in addition to those vested in it by law, for my property held for the benefit of my
beneficiaries, whether income or principal, exercisable without court approval and effective until
the distribution of all property under the terms of the trusts set forth in Paragraph Three or
Paragraph Four above:
8
The Trustee, at its discretion, may compromise claims, borrow money or retain
property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer,
exchange, convert or otherwise dispose of or grant option of all or any portion of trust property
for such prices and on such terms in public or private transactions as it may deem proper; and
invest trust property and income without restrictions to legal investments. The determination of
the Trustee with respect to the advisability of making payments out of the income or principal to
any heir or beneficiary inheriting hereunder shall be conclusive and binding on all persons
howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive
additions to the respective trust of any kind or any property whatsoever from sources other than
my estate and at any time in the sole discretion of the Trustee.
SIX. I hereby nominate and appoint my spouse, ROBERTA P. GRAFF, to be the
Executrix of this my Last Will and Testament. If my spouse has predeceased me, failed to
qualify, renounced or ceased to serve as Executrix for whatever reason, I then appoint my son,
ARTHUR STEVEN GRAFF, to serve as Executor of this my Last Will and Testament. In the
event for whatever reason he shall predecease me, fail to qualify, renounce, or cease to serve as
Executor for whatever reason, then in that event, I hereby nominate and appoint my daughter,
TRUDY GRAFF BAILEY, to serve as Executrix of this my Last Will and Testament, whereby
the said substitute personal representatives shall have the same powers as are given to the
original Executrix hereof.
SEVEN. I hereby nominate and appoint my children, ARTHUR STEVEN GRAFF and
TRUDY GRAFF BAILEY, or the survivors of the two of them, to serve as to serve as Co-
Trustees of any trust(s) created herein. In the event that all of them for whatever reason unable to
serve as Trustee, then in that event, I hereby nominate and appoint BRUCE OLIN BAILEY, to
serve as Trustee of any trust(s) created herein.
EIGHT. No Executrix, Executor, or Trustee acting hereunder shall be required to post
bond or enter security in this or any other jurisdiction.
NINE. No person or persons shall benefit hereunder unless such beneficiary shall
survive me for a period of at least sixty (60) days.
TEN. In the event of a common disaster causing the death of myself, my spouse and all
of my children and grandchildren, without surviving issue, all within a period of sixty (60) days,
and no other disposition of the residue of my estate is directed by this Will, then in that event
only, I give, devise and bequeath the rest, residue and remainder of my estate, real and personal,
to be distributed as follows:
1) Twenty-five percent (25%) to Green Ridge Village Fund, Newville,
Pennsylvania, to be used for its general purposes;
2) Twenty-five percent (25%) to First Presbyterian Church, Willoughby,
Ohio, to be used for its general purposes;
3) Twenty-five percent (25%) to West End Presbyterian Church, West
End, North Cazolina, to be used for its general purposes; and
4) Twenty-five percent (25%) to First Presbyterian of Cazlisle, Cazlisle,
Pennsylvania, to be used for its general purposes.
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In the event any of the above-named entities, or is successors, is no longer in existence at
the time of distribution of my residual estate, then its respective share shall be distributed equally
between the other remaining residual heirs set forth in this Paragraph Ten.
ELEVEN. No beneficiary may assign or anticipate his or her interest in any income or
principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise
reach any such interest.
TWELVE. If any person or institution entitled to shaze in any distribution under the
terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest
the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its
entire interest inherited hereunder and all provisions in favor of such person or institution shall
be declared void and of no effect. The share of such person or institution so forfeited shall be
distributed as part of the residue pursuant to Paragraph Three G. hereof except that if such person
or institution is entitled to shaze in the said residue, that interest shall be distributed
proportionately to the other residuary distributees.
THIRTEEN. The validity and administration of any trust established hereunder and any
question or disputes relating to the construction or interpretation of any said trusts shall be
governed and construed in accordance with the laws of the Commonwealth of Pennsylvania.
G~'W'~
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1st day of
November, 2002.
• (SEAL)
WILLIAM A. G
Signed, sealed, published and declared by the above-named person as and for a Last Will
and Testament, in our presence, who at said person's request, in said person's presence and in the
presence of each other have hereunto set our nan
12
ACKNOWLEDGMENT AND AFFIDAVIT
WE, WILLIAM A. GRAFF, JAMES D. HUGHES and CHERYL L. CLELAND,
the testator and witnesses respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the testator signed and
executed the instrument as his Last Will, and that he had signed willingly, and that he executed it
as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in
the presence and hearing of the testator, signed the Will as a witness and that to the best of their
knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under
no constraint or undue influence.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me
testator herein, and subscribed and sworn to before me
CHERYL L. CLELAND, witnesses, this ~ day of~3pvem
SS:
by WILLIAM A. GRAFF
by JAMES`D. HUGHES,(
N
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