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HomeMy WebLinkAbout07-03-12~eset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who islare 18 years of age or older, apply(ies) for Levers 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 Iniormittion ~ I _ ~ ~ , 0~3~ Name: JEAN DUNLAP File No: slk/a: JEAN HAYS DUNLAP (Assigned by Register) a/k/a• a/k/a: Social Security No: 182-24-9880 Dste of Death: MAY 22, 2012 Age at death: 84 Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (stars) with his/her last principal residence at 726 HARDI ., CUMBER MBERLAND CO, PA 17070 Stmt satires, Pat Ot6es Brad Zip Code City, TowaaMip or Bororth County MONTEFIORE MED CTR, HENRY & LUCY MOSES DIV, 111 E. 210TH ST, BRONX, NY 104 Decedent died at ~ Stmt address, Post Otnee sad Ztp Code City, Tow~nsaip or Boror`a Cornry Stste P,atimsta of value of decedenCa property at doath: I~ )f dowleE~ trt PeanaPhwn(s ................. .......... All personal property S~ V ~ . ~ Q ~j'not dMtldlyd is Psww~pdaawts ........................Personal property in Pennsylvania i ~f'not dawtdlsd /x Psxna3rlwwir ........................ Personal property in Cou~y S Valve ojnrrl eatatt In Penxsyhrnta ......................................................... S 72(i IIARDING ST. , B3~"b~'~'$,~~Ai~>~ s ~ D PA 17070 Real estate in Pennsylvania sitwted at: (Attach addittoaal aGesu, ~aacesrary.J Strat address, Peat ORice and Zip Code City, Towaakip or Eoror`b County ~. A. Petition for Probate and Grant of Letters Testamentary Petitioner(s) aver(s) he/ahe/they itlare the Sxecutor(s) named in the feat Will of the Decedent, dated thereto dated JUNE 19, 2000 and Codicil(s) State relewM dreraaatancea (~. rsrtandotton, daatA ojawcutor, stc~ Bxcapt ae follows: after the execution ofthe insavmeat(s) oiTorod Par probate Decedent did not marry, was not divorced, was nt divorce proceeding whaoin tho grounds [or divorce had been established as defined in 23 Pa. C.S. § 33230, and did not adopted; sad Decedwt was neither fire victim of s killing nor ever adjudicated an lncapecitated person. f~ NO EXCEPTIONS Q EXCEPTIONS _ ^ B. petition for Grant of Letters of Administration (lf applicebte) e.t.a, d.b.n., db.n.c.t.a, psndearte life, dwaats If Administration, ~t,a of db.n.c.i:a., N rtyto apendixe ild boro y~i C 4- ("' ~~ aC? ~~. ~1 C,, ~ ~ _. ;~ _rz ~~ ~.~3 of Bxcept as follows: Dxedmt was not a party to a pending divorce proceeding wherein the grounds for divorce had been eal~isl ed as defln~ in 23 Pe. C.S. § 3323(8) and waa neither the victim of a killiog nor aver adjudicated an incapacitated person. ~ ^ NO EXCEPTIONS Q EXCEPTIONS Petitioner(s). after aproper rearch haa/have ascertained that Decedent left no Will end was survived by tha following spouse (if ems) and lira (attach additional ahsetr, tf nsesraary): ~ MARGARET JANE DUNLAP ~ SISTER ~ 726 HARDING ST, NEW CUMBERLAND PA 17070 ~ FormRW-02 ray. ~o/I!/IOtt Page 1 of 2 Oath of Personal Representative COIWMONWBALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: } MARGARET JANE DUNLAP otfici.l uce only 726 HARDING STREET, NEW CUMBERLAND, PA 17070 The Petidoaer(a) aborro-aamod :wear(:) or aiflnn(a) the atatemeats is the foregoing Petltion are true end correct to the beat of the lmowledge end belief of Petitioner(s) aad ti»a, es Penoaal Representative(:) of the Decedent, the Petitio s) will well and iniater the estate according to law. Sworn to >(s#'irn~od and ub cribed before Date ~ a me i l~~ ay of ' Date ay: t'bI sts Regiper Date - rv _ _ Date ~ Ts .-- ~~~~ I BOND 8equired: ~ Y$g [] NO To the Register of Wiils: fi^ -` W FEES: Please enter my appearance by my aignatare Belo ~ " 'Q Letters ...... S Attoroey 5igaature: ( )Short Certificate(:).... ~ -••; (~ ) Renunciadoa(:)........ . ( )Codicil(s) ............. ~-~ ( )Affidavit(s)........... . Bond .................. . ..... Printed Name: RYAN R. GA R Commisaioa .................. 3apreme Court Other ........ ID Nomber; 93990 • • • • • • ___ Firm Name: SAUL EWING LLP • • • • • • • • Address: 2 NORTH 2ND ST 7TH FL •••••••• HA IS URG PA 17101 • • - • • • Phone: 717.257.7524 Automation Fee.... ---"' ........... Fax: 622 Ics Fee ..................... smart: mml er sau .com TOTAL ..................... $~2 DECREE OF THE REGISTER Estate of JEAN DUNLAP ~ ~ C a/k/a: JEAN HAYS DUNLAP File No: AND NOW, satisfactory proof having bee ! esented befo e, IT IS DECREE~~tt ~ onsi ~ ra~on of the foregoing Petition, are hereb - -^ •~ rn ~ ~ -~ U y tad t0 _~6^l~r-~-.,--~r~» r ~ a n r~ r i r nreJ._ 1~ Y. e 1C the instrument(s) dated in the above est(~and (if descnbed to the Petttton be adrrutted to probare ana nteo of record as the last Will (and Codicil(s)},of Dec ~a :~' rn~` ~~ c~` -,~ a3 ~~ `:.~ ''"' i t=: ~~ ForniRW-02 rev. iailno~i "~"'"' ~U~ L41.d'V W ~k~-~ ~-/ /' Page 2 of 2 __ DEATH T i~AN~I~~ ~ ~! c.~ ,.~ - DA7E F-LEi1 T}tE CITY QF t~tEW YORK ~ QEPARTMEfiiT C3F FiFRE.'CFt-~D MEtrfE'Ai. l~#'~Gff,~' ~... J ~ ~}~ ~ _tg ~ CERTIF1CATiE OF' ~EA~`i~i cam. 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Repr#dlteUon ~~~~~ a alWratkn d VHS Iglffctipl B Prah+tited by §~O) c7k3M Mew York Clay F~71Wt Code M ~~ p11/$pe~ 13 the 1~ltOn OI~I~}10I1 0! d(y' Df6YSiktn 0~ lFIQ FtOai[f1 Code Or 3n% O~IBI 19~.-- °"'~' .111f~i-'13, 2912 C?rd~rlto. ~t,9B0rzi~- X~ fl~ 4 9 4 x 9 _ ~- LAST WILL AND TESTAMENT OF JEAN HAYS DUNLAP {~v"~'~~ ~~~JC~ ~ t~C~~~'r ;,- ~G '~f 2 JUL -3 P~ I ~ 58 Vlf~~~r `` ~I •1^ 'S C€i,~F~:~' ~~~ CQ;, I, JEAN HAYS DUNLAP, of the Borough of New Cumberland, Cumberland County, Pennsylvania, declare this to be my Will and revoke all prior Wills. FIRST: Tangible Personal Property: I give all of my tangible personal property, including any automobiles, together with all insurance on such property, to my sister, MARGARET JANE DUNLAP, if my sister survives me; otherwise I give such property to my nephew, JAMES M. DUNLAP and my niece, SHARON A. CONGDON, if both of them survive me, or the survivor of them, if one of them survives me. If both of them survive me, the tangible personal property shall be divided as they shall agree, each selecting such items in turn. SECOND: Cash Legacy: I give and bequeath $500 to the church that I am a member at my death if my estate is at least $50,000 based on the final federal estate tax value for my estate; otherwise I give $100 to the church that I am a member at my death. THIRD: Cash Legacy: If my sister, MARGARET JANE DUNLAP, does not survive me, I give and bequeath $500 to each of my grandnephews and grandnieces that survive me. FOURTH: Residue: I give, devise and bequeath all the residue of my estate, of whatever nature and wherever situated, to my sister MARGARET JANE DUNLAP, if she survives me by 60 days. If MARGARET JANE DUNLAP does not survive me by 60 days, the Executor shall divide the residue in two equal shares and distribute one such share to 73086.1 6/19/00 JAMES M. DUNLAP, if then living and if he is not then living, distribute such share to JAMES M. DUNLAP's living issue, per stirpes and distribute the other such share to SHARON A. CONGDON, if then living; and if she is not then living distribute such share to SHARON A. CONGDON's living issue, per stirpes. FIFTH: Minority Provision: Any income or principal (other than tangible personal property) which becomes distributable to a minor (and for purposes of this Will, the term "minor" shall refer to a person under age twenty-one) shall be held in a trust fund by the Trustee during minority. The Trustee shall apply such amounts of income and principal as the Trustee, in the Trustee's sole discretion, deems proper for the support, health, education and welfare of such minor and shall accumulate any unexpended balance of income. Such amounts may be applied directly or may be paid to the person with whom such minor resides or who has the care or control of such minor, without the intervention of a guardian. The Trustee shall not be obliged to supervise or inquire into the application of such amounts by such person, and the receipt of such person shall be a complete release of the Trustee. Should any such fund, in the sole opinion of my Executor or Trustee, be or become too small to warrant continuing such fund in trust, or should its administration be or become impractical for any other reason, my Executor or Trustee, in the Executor or Trustee's sole discretion, may pay such fund, absolutely, to the parent or other person maintaining said minor or may deposit such fund in the minor's name in an interest-bearing account in a financial institution of the Executor or Trustee's choosing, payable to the minor at majority. If such minor dies before attaining age twenty-one, such fund shall be distributed to such minor's estate. SIXTH: Protective Provision: All principal and income shall, until actual distribution to the beneficiary, be free of the debts, contracts, alienations and anticipations of 73086.1 6/ 19/00 -2- any beneficiary, and shall not be liable to any levy, attachment, execution or sequestration while in the hands of my Executor or Trustee. SEVENTH: Tax Clause: All estate, inheritance, succession and other taxes, imposed or payable by reason of my death, and any penalties thereon (the "Taxes"), with respect to all property owned by me at the time of my death and passing under this Will, or any Codicil, shall be paid out of the principal of my general estate, as if the Taxes were administration expenses, without apportionment or right of reimbursement. The Taxes shall be paid at such times or times as may be deemed advisable. EIGHTH: Powers of Executor and Trustee: In addition to the powers given by law, my Executor and Trustee, and any successors, without any order of court and in the sole discretion of the Executor and Trustee, may: a. Retain any real or personal property, including the family's residence, as long as deemed advisable. b. Invest in any real or personal property in accordance with the prudent investor rule. c. Subscribe for stocks, bonds or other investments; join in any plan of lease, mortgage, merger, consolidation, exchange, reorganization, foreclosure or voting trust and deposit securities thereunder; and generally exercise all the rights of security holders or employees of any corporation. d. Register securities in the name of a nominee or in such manner that title will pass by delivery. e. Vote securities in person or by proxy, and in such connection delegate discretionary powers. f. Repair, alter, improve or lease, for any period of time, any real or personal property, and give options for leases. g. Sell at public or private sale, for cash or credit, with or without security, exchange or partition any real or personal property, and give options for sales or exchanges . 73086.16/79/00 -3- h. Borrow money from any person, including any fiduciary, and mortgage or pledge any real or personal property. i. Disclaim any interest or power granted to me under any instrument or by operation of law. j . Employ investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate fiduciary in office, a corporate custodian, and compensate them and reimburse their expenses out of income or principal or both (in addition to fiduciary commissions), and delegate to investment counsel (including an account executive at a securities firm) discretion with respect to the investment and reinvestment of any or all of the assets held hereunder. k. Pay administration expenses, including, without limitation, interest on death taxes ("administration expenses") from principal or income, including income otherwise payable to my surviving spouse or to charity; provided, however, that no allocation of administration expenses to income shall be made that would prevent any assets from otherwise qualifying for the federal estate tax marital deduction or the federal estate tax charitable deduction. 1. Use administration expenses as deductions for federal estate tax purposes or fiduciary income tax purposes or partly for each, without making adjustments between principal and income in consequence of the exercise of such discretionary power. m. Compromise claims. n. Divide any trust hereunder, which division may be made on a non-pro rata basis, into two or more separate and independent trusts and make any principal distributions otherwise authorized hereunder from the trusts on a non-pro rata basis. o. Add to the principal of any trust created hereby any property received from any person by Deed, Will or in any other manner. p. At any time merge any trust hereunder with any other trust held by my Executor and Trustee, whether created by me or by any other person by Will or Deed, if the terms of the trust are then substantially similar and held for the primary benefit of the same person or persons. q. Make distributions without the consent of any beneficiary, in cash or in specific property, real or personal, or an undivided interest therein, or partly in cash and partly in such property and do so, except as otherwise specifically provided elsewhere herein, without regard to the income tax basis of specific property allocated to any beneficiary (including any trust) and without making pro rata distribution of specific assets. 73086.16/19/00 -4- r. Exercise all power, authority and discretion given hereby, after the termination of any trust created herein until the same is fully distributed. NINTH: My Executor and Trustee may make, but shall not be required to make, any adjustment of the amount distributed to any beneficiary who would have received a greater or lesser amount if my Executor or Trustee had made a different or contrary decision in reference to any of the above matters. I exonerate my Executor and Trustee from any liability arising from any exercise or failure to exercise these powers, provided the actions (or inactions) of my Executor or Trustee are taken in good faith. TENTH: Appointment of Fiduciaries: I appoint my sister, MARGARET JANE DUNLAP, Executor of this Will. Should my sister, for any reason, fail to qualify or cease to act as such during the administration of my estate, I appoint my nephew, JAMES M. DUNLAP, and my niece, SHARON A. CONGDON, Co-Executors of this Will to serve with the same duties, powers and discretion as if originally appointed. No Executor named herein shall be required to give bond or furnish sureties in any jurisdiction. Whenever the word "Executor" is used in this Will, the word shall include both the singular and the plural, unless the context indicates otherwise. IN WITNESS WHEREOF I have hereunto set my hand and seal this 19th day of June, 2000. (SEAL) AN HAYS NLAP SIGNED, SEALED, PUBLISHED and DECLARED by the above named JEAN HAYS DUNLAP as and for her last Will and Testament, in the presence of us, who, at her 73086.1 6/19/00 _5_ request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. '6 WITN SS ~ VV ` ~~ AillDKESS 0 IT SS ;_ ~b -_ ADDRES 73086.1 6/19/00 -6- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss We, JEAN HAYS DUNLAP, the testator, and Donn L. Snyder and Maronetta F. Miller, the witnesses, whose names are signed to the foregoing instrument being first duly sworn, do hereby declare to the undersigned authority that the testator si ned g and executed the instrument as her last Will and that she signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that to the best of the witnesses' knowledge the testator was at that time over eighteen years of a e g, of sound mind and under no constraint or undue influence. Subscribed, sworn to and acknowledged before me by JEAN HAYS DUNLAP, the testator, and subscribed and sworn to before me by Donn L. Snyder and Maronetta F. Miller, the witnesses, this 19th day of June, 2000. Notary Public TERRN~ ME~TIIALi+lsoury Public Haniabwp. Dauphin County, PA M Commission Ju 28, 2001 73086.1 6/79/00 -7-