HomeMy WebLinkAbout01-17-13PETITION 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: Martha S. Rill
a/k/a:
a/k/a:
a/k/a:
Date of Death: 1/2/13
File No: 21 ~ I l ~' 7l~
(Assigned by Register)
:
Age at death: 66
Decedent was domiciled at death in Cumberland County, PA (State) with his/her last
principal residence at 100 Chamberlin Road 17257 Hopewell Township Cumberland
Street address, Post Office and Zip Code City, Township or Borough County
Decedent died at 165 Black Shoulder Lane 17032 Halifax
Street address, Post Office and Zip Code City, Township or Borough
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania ................................All personal property $
If not domiciled in Pennsylvania .............................Personal property in Pennsylvania $
If not domiciled in Pennsylvania .............................Personal property in County $
Value of real estate in Pennsylvania .............................................................. $
TOTAL ESTIMATED VALUE.... $
Dauphin PA
County State
500,000.00
500,000.00
Real estate in Pennsylvania situated at: 5505 Carlisle Pike Mechanicsburg Cumberland
(Attach additional sheets, if 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 8/13/01 and Codicil(s)
thereto dated none
State relevant circumstances (e.g. renunciation, death of executor, 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 divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child born or
adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
® NO EXCEPTIONS ^ EXCEPTIONS
^ B. Petition for Grant of Letters of Administration (If applicable)
c. t. a., d. b. n., d. b. n. c. t. a., pendente lite, durante absentia, durante minoritate
If Administration, c.~a. or d.b.n.c.za., 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.
^ 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~a~nd heirs (attach
additional sheets, if necessary): ~ ~;-; ~ ~~
Name Relationship A~res~
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Forni RW-02 rev. 10/11/2011 Page 1 Of 2
Continuation of Petition for Grant of Letters
Martha S. Rill
Decedent Name Page 1
199-40-0678
Social Security Number
Real Estate in PA
2721 S Queen Street
Street address, Post Office and Zip Code
York York
City, Township or Borough
County
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA } :_
} SS: ~ ~~_> ~~
COUNTY OF CUMBERLAND } ~ ~ c_ ~~ ~
;~
Petitioner(s) Printed Name Petitioner(s) Printed Adc~r`~ss ~ -`p ~.~' t---~ ,`
100 Chamberlin Road ~ ' ;t
Morris E. Rill Shi ensbur ~ ~ ~~ -F-A ~J2~7
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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 Petitioners} and that, as Personal Representative(s) of the Deceden th Petitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed and- ubscribed bef re „ i~-"~L~~ ~ ~~~~ Date .~ ~ 2 `~~ 3
y
m t~i~, ~ -day of ,~- ll. ~~ __ Date
~ ~ ~ j , 1, ;-
B ~ -' F`~;-~ ~t ~ , \_ Date
For the Register
Date
BOND Required: ^ YES ® NO
FEES:
Lette~ ....................... $
( )Short Certificates(s) ..... .
( )Renunciation(s) ......... .
( )Codicil(s) ............. .
( )Affidavit(s) ............ .
Bond .........................
Commission ................... .
O,t1Jer ........ .
i~ ,
~' urr,, ........ .
~~ /~lJ GCr y"
Automation Fee ................ .
JCS Fee .......................
TOTAL ......................$
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To the Register of Wills:
Please enter my appearance by my signature below:
Atto y Si na ur .
~~~
Printed Name: No V. Otto III, Esquire
Supreme Court
ID Number: 27763
Firm Name: Martson Law Offices
Address: 10 East High Street
Carlisle PA 17013
Phone: (717) 243-3341
Fax: X717) 243-1850
Email: iotto(a~martsonlaw.com
DECREE OF THE REGISTER
Estate of Martha S.
a/k/a:
AND NOW, ~ ~ l ~ ~ , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Morris E. Rill
in the above estate and (if applicable) that
the instrument(s) dated Au¢ust 13, 2001
described in the Petition be admitted to probate and filed of record as the last Will (and C dicil(s)) of Decedent.
Register of Wills `~ ~~
Forni RW-02 rev. 10/11/2011 Page 2
File No: 21 =--~~' d ~ 7C~
,~
F:\F[LES\DATAF[LE\W ILLS\9962-w.will
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LAST WILL AND TESTAMENT ~~ r ~ _ ~ ~;~a
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•" F _a
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I, MARTHA S. RILL, of Hopewell Township, Cumberland County, EP~ennsylvania; being
of sound and disposing mind and memory, do hereby make, publish and declare this ta~~be my L,a~st
,Y
" ~.i .
Will and Testament, hereby revoking any and all former Wills or Codicilsby me made: ~`
ITEM ONE
I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and
all inheritance taxes shall be paid to the extent possible from the assets held or passing under ITEM
FIVE hereof as soon as practicable after my decease and as part of the administration of my estate.
ITEM TWO
In the event my spouse shall predecease or fail to survive me by thirty (30) days, then I give
such items of personalty as are itemized in a certain list attached hereto to the persons named
thereon, which list is signed and dated by me at the end thereof.
ITEM THREE
If my spouse, MORRIS E. RILL, is living thirty (30) days after my death, then I give, devise
and bequeath all of my estate, both real and personal property, unto my said spouse, absolutely. If
my said spouse does not so survive me, then I give, devise and bequeath all the rest, residue and
remainder of my estate, both real and personal property, unto my Trustee to be held or distributed
by such Trustee under ITEM FIVE hereof.
ITEM FOUR
In the event my said spouse shali disclaim all or any portion of any devise or bequest made
to my spouse under the foregoing ITEM THREE; then the amount otherwise payable shall be held
by my Trustee under ITEi`/I FI~~'E hereof. Fcr purposes of the Trust established under ITEiv1 FIVE
hereof, my said spouse shall not be deemed to have predeceased me by virtue of my said spouse's
exercise of the right to disclaim set forth herein.
.S.R.
Page 1 of 7 Pages
ITEM FIVE
RESIDUARY AND DISCLAIMER TRUST
My Trustee shall hold the assets received under ITEMS THREE and FOUR hereof, if any,
for the following purposes:
A. My Trustee shall pay the net income, at least quarter-annually, to my spouse,
MORRIS E. RILL, for life. In addition, my Trustee in my Trustee's sole discretion, may invade the
principal of the Trust for the proper and adequate support of my said spouse.
B . My Trustee shall further pay to my said spouse, annually, such sum from the principal
of the Trust as my said spouse may request in writing, provided, however, that said sum may not
exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate value,
at the time of said request, of the principal of the Trust hereunder.
C. Upon the death of my said spouse my Trustee shall distribute the principal of the
Trust to my children, in equal shares, absolutely.
D. In the event that any of my said children shall fail to survive my spouse and me, but
shall leave issue surviving, then such deceased child's share shall be held by the surviving spouse
of such deceased child and the net income therefrom shall be used for the support, maintenance and
education of the issue of such deceased child. The trustee shall use as much of the principal as it
shall deem desirable for said purposes. The trustee shall distribute absolutely the principal of such
share of such deceased child to the issue of such deceased child per stirpes as each shall attain the
age of twenty-five (25) years. In the event that any of my children shall fail to survive my spouse
and me and not leave issue surviving, then such deceased child's share shall be added to the shares
of my other children as if originally a part thereof
TTFM CTX
POWERS OF EXECUTOR AND TRUSTEE
In addition to the powers conferred by case law, by statute, and by other provisions hereof,
my Executor and Trustee and their successors, shall have the following discretionary powers
applicable to all property held by them which powers shall be effective without order of any court
and shall exist until final distribution.
s. -~
M.S.R.
Page 2 of 7 Pages
A. To retain any property of any nature received by them for whatever period they shall
deem advisable;
B. To invest and reinvest all or any part of said property in such stocks, bonds, common
trust funds, securities, accounts, certificates of deposit (including, but not limited to, stocks, bonds,
common trust funds, securities, accounts or certificates of deposit of the Trustee) or other property,
real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the
property which a fiduciary may purchase;
C. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash
or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration
of any trust herein, without liability on the purchasers or lessees to see to the application of the
proceeds, and to give options for these purchases without the obligation to repudiate them in favor
of a higher offer;
D. To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of any trust hereunder;
E. To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
F. To assume continuance of the status of any beneficiary with regard to death, mamage,
divorce, illness, incapacity and the like in the absence of information deemed reliable without
liability for disbursements made on such assumption;
G. To pay from the trust, or the income therefrom, all debts or claims against my estate,
or any taxes or similar charges on my estate;
H. To make any distribution hereunder either in kind or in money, or partially in kind
and partially in money. Distribution in kind shall be made at the market value of the property
distributed, and my Trustee, in my Trustee's absolute discretion, may cause the share distributed to
any distributee to be composed of property similar to or different from that distributed to any other
distributee;
I. To exercise any subscription right in connection with any security held hereunder,
to consent to or participate in any recapitalization, reorganization, consolidation or merger of any
~~
'_.,
M.S.R.
Page 3 of 7 Pages
corporation, company or association, the securities of which may be held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generally to exercise all rights of investors;
J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of any trust hereunder;
K. To continue in any partnership, joint venture, joint ownership or other business
enterprise of which I am a part at the time of my death;
L. To compromise claims;
M. To continue for whatever period of time as they shall deem necessary any ownership
as a tenant in common or as a partner, in real estate or other property and to act as I could have done
had I been living;
N. To lend money to my estate or to any trust created hereunder or to purchase from the
estate or from any trust created hereunder, at the market value thereof at the time of purchase, any
securities or other property tendered to them by my estate or any trust created hereunder at any time
and from time to time within a period of nine (9) months after my death;
O. In the event that any amounts are payable hereunder or under any trust created
hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated
to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the
opinion of the fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts
may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following
ways as he, she or they may deem best:
1. Directly to such beneficiary;
2. To a legally appointed guardian of such beneficiary for the benefit of such
beneficiary;
3. To a person having custody of such beneficiary for the benefit of such
beneficiary;
4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of
such beneficiary.
h
.S.R.
Page 4 of 7 Pages
Evidence of the application of payment of an amount in such a manner shall be a full and complete
discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This
paragraph shall be applicable to payments of income as well as principal.
P. To employ agents, attorneys and proxies and to delegate to them such power as my
personal representatives and Trustees consider desirable and to pay reasonable compensation for
such services as maybe rendered by such agents, attorneys and proxies;
Q. To conduct an inventory of any safe deposit box necessary to the administration of
my estate.
R. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
ITEM SEVEN
PROTECTIVE PROVISIONS
All income or principal held for the use and benefit of the beneficiaries of any trust hereunder
shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor
shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts,
contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or
sequestrations under process of law.
ITEM EIGHT
APPOINTMENT OF EXECUTOR AND TRUSTEE
I nominate, constitute and appoint my spouse, MORRIS E. RILL, as Executor of my estate.
In the event that my said spouse shall predecease me or fail to act as Executor, then I appoint IVO
V. OTTO III as Executor of my estate.
I nominate, constitute and appoint my spouse, MORRIS E. RILL, as Trustee of any trusts
created under ITEM FIVE, A-C, hereunder. In the event that my said spouse shall fail or be
unwilling to continue to act as Trustee, then I appoint IVO V. OTTO III as Trustee of any trusts
created under ITEM FIVE, A-C, hereunder.
~"'
M.S.R.
Page 5 of 7 Pages
ITEM NINE
WAIVER OF BOND
I direct that neither my Executor nor my Trustee or their successors shall be required to file
any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be
required to obtain any order or approval of any court for the exercise of any power or discretion set
forth in this Will.
~`~
IN WITNESS WHEREOF I have hereunto set my hand and seal this ~~`~ day of
~.. ,,~ , ~c ~'~ (SEAL)
Martha S. Rill
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix, as and
for her Last Will and Testament, in the presence of us, who at her request, have hereunto subscribed
our me a witnesses thereto, in the presence of the said Testatrix and of each other.
~~
~~...~ `
Page 6 of 7 Pages
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
.~
We, Martha S. Rill, ~1:'_ .L ; - ~'' %_; c: -- ,and ~~~ i~Or"ris y r7 ,
the Testatrix and the witnesses, respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and
executed the instrument as her last Will and that the Testatrix has signed willingly, and that the
Testatrix 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 Testatrix, signed the Will as a witness and that
to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of
sound mind and under no constraint or undue influence.
~-'~~z~_, ~~ ~ ~ ' .~
Te tatrix ~ ~ ~~
,,
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Witness
/~~ '
Witness
Subscribed, sworn to and acknowledged before me by Martha S. Rill, the Testatrix, and
subscribed and sworn to before me by ,/~ ~ ~ ~ % ;%`~ ~ ~~~ ~_!~`' and
nG ~pl~i~'l ~StSYI ,the witnesses, this ~ :~~tday of ~ ~ ' ~- ~ ~` , 2001.
E~ ~ '~-
j
Notary Public
NOTAR6Al SEAL
CORRINF L. MYERS, Notarryy Public
( ~,arlisie Baro, CumberlandCounty
9 xy~9,, ~:~~~py~is~i®n Expires 9~~av ?7, 200
a~....~ - - - ---~.-- .~.~,_..._
Page 7 of 7 Pages