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HomeMy WebLinkAbout04-18-13 Reset 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 / 1, Name: Mildred L.Feeney File No: 2,1 13- `7 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: March 31,2013 Age at death: 89 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 5225 Wilson Lane,#4114,Upper Allen Township,Cumberland County,Pennsylvania Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Holy Spirit Hospital,503 N.21st Street,Camp Hill,Cumberland County,PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ 20,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 0.00 TOTAL ESTIMATED VALUE. ... $ 20.000.00 Real estate in Pennsylvania situated at: None (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 March 20, 1998 and Codicil(s) thereto dated N/A 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(g),and did not have a child born or '3 adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 0 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.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(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS 0 EXCEPTIONS C Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by thelcing spousif anndm"lYeirs(attach additional sheets,if necessary): C:> Name Relationship >- M r l A E1! Form RW-02 rev. ]0/11,2011 Pagel of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA C7 7 M C"> COUNTY OF CUMBERLAND } -say 9 nr� Petitioner(s)Printed Name Petitioner(s)Prin„od d1 s George A.Seamands 9214 Setter Place,Springfield,VA 22153-195 =3 Robert R.Church,Esq. 210 Walnut Street,Harrisburg,PA 17101 n+� `r 9 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 Petitioner(s)and that,as Personal Representative(s)of the Dece t,thr Petit' aiq r(s) 1 and truly administer the estate according to law. Sworn to r ffirmed and sub ibed before Date me t j ay of April 2013 Date T 1,�, Zd 1 '3 By: Date t e Register Date BOND Required: Q YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ "4 Attorney Signature: ( 12 ) Short Certificate(s). . . . . . 60.00 ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Robert R.Church,Esq. Commission. . . . .. . . . . . . . . .. . . Supreme Court Other . . . . . . . ID Number: 40385 rUtr .00 . . . . . . . . Firm Name: Keefer Wood Allen&Rahal,LLP (r '10-00 0.00 Address: P.O.Box 11963 • • • • • • • • Harrisburg.PA 17109-1963 . . . . . . . Phone: (717)255-8059 Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)255-8050 JCS Fee. . . . . . . . . . . . . . . . . . . . . 23.50 Email: rchurch @keeferwood_com TOTAL. . . . . . . . . . . . . . . . . . . . . $ --� a DECREE OF THE REGISTER s 13- L/L/7 Estate of Mildred L.Feeney File No: a/k/a: AND NOW, ,in consideration of the foregoing Petition, satisfactory proof having geen presented before me,IT IS DECREED that Letters Testamentary are hereby granted to George A.Seamands and Robert R.Church,Esq.,as Co-Executors in the above estate and(if applicable)that the instrument(s)dated March 20, 1998 described in the Petition be admitted to probate and filed of record a the last Will(and Codicil(s))of Decedent. { Register of Wills JO, Form RW-02 rev. 10/11/2011 age of 2 C^> w = M -'v G7 Q Cn LAST WILL AND TESTAMENT OF M r- � � � MILDRED .ENF,Y � � ''` � CZ ✓ . C.0 r- M I. MILDRED L. FEENEY, of Hampden Township, Cumberland County, Pendsylvama do hereby make this my Last Will and Testament, revoking any former Wills and Codicils made by me. FIRST: I give my tangible personal property and all casualty insurance that I am carrying on said tangible personal property to my husband, if he survives me. If he does not survive me such tangible personal property shall be sold, and the proceeds added to my residuary estate, to pass as hereafter described. SECOND: I give, devise and bequeath the rest,residue and remainder of my estate, real and personal,to the Trustee of that certain Revocable Trust Agreement,between Mildred L. Feeney and Thomas J. Feeney, as Settlors, and Thomas J. Feeney, as Trustee,which Trust Agreement is dated September 12, 1997, as revised and restated in its entirety on even date herewith. The Trustee shall add the property bequeathed and devised by this Article to the principal of such Trust and shall hold, administer and distribute such property in accordance with the provisions of such Trust Agreement, as amended. THIRD: In the event that the above bequest and devise is ineffective or invalid, for any reason, then I hereby give, devise and bequeath such undisposed property, up to the residue of my estate,to be held, administered and distributed in accordance with the provisions of the aforesaid Revocable Trust Agreement, dated September 12, 1997, as revised and restated in its entirety on even date herewith,between Mildred L. Feene and Thomas J. Feeney, as Settlors, -1- and Thomas J. Feeney, as Trustee,which Trust Agreement, as amended, is hereby fully incorporated herein by this reference and made a part hereof, the same as if the entire Trust Agreement were set forth herein. FOURTH: If any person should die within thirty(30) days of me, then such person shall be conclusively presumed to have predeceased me. FIFTH: (1) I name my husband, Thomas J. Feeney, as my Executor. If he should fail to survive me, or if he is unable or unwilling to serve as my Executor, then I name my friend George A. Seamands and Robert R. Church, Esq., as my alternate Co-Executors. I direct that my Executor and my alternate Co-Executors and their successors and substitutes, all of whom are herein referred to as my Executor regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. If Robert R. Church, Esq. shall be unable or unwilling to act as my alternate Co-Executor, then some other attorney from the law firm with which he is associated, or was last associated, shall serve in such capacity. (2) My Executor shall be entitled to receive reasonable compensation for services rendered as well as reimbursement for reasonable expenses incurred. SIXTH: (1) I give to any Executor named in this Will or any Codicil hereto or to any alternate, successor or substitute Executor all of the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date hereof, during the administration and until the completion of the distribution of my estate. I direct that all such powers shall be construed in the broadest possible manner and shall be exercisable without court authorization. -2- (2) My Executor is authorized and empowered to acquire and to retain, either permanently or for such period of time as my Executor may determine, any assets,whether such assets are or are not of the character approved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one investment. (3) My Executor is authorized and empowered to disclaim any interest, in whole or in part, of which I, or my Executor,may be the beneficiary, devisee, or legatee,by executing an appropriate instrument(in accordance with section 2518 of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect). (4) My Executor is authorized and empowered to sell at public or private sale, or exchange, and to encumber or lease, for any period of time, any real or personal property and to give options to buy or lease any such property. Additionally,my Executor is authorized and em- powered to compromise claims,to borrow from anyone (including a fiduciary hereunder) and to pledge property as security therefor, to make loans to and to buy property from anyone (including a fiduciary or beneficiary hereunder);provided that any such loans shall be adequately secured and at a fair interest rate. (5) My Executor is authorized and empowered to allocate property, charges on property, receipts and income among and between principal or income, or partly to each,without regard to any law defining principal and income. SEVENTH: (1) All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property passing under the terms of my Will or my Revocable Trust Agreement and comprising my gross -3- estate for death tax purposes, shall be paid out of the residue of my estate, as if such taxes were expenses of administration,without apportionment or right of reimbursement. However,no such taxes shall be charged against any amount passing to a charitable beneficiary. I authorize my Executor to pay all such taxes at such time or times as deemed advisable. All other such taxes shall be apportioned as provided by law and paid by the donees or transferees thereof unless my Executor, in its sole discretion, shall elect to pay such taxes from the residue of my estate. The decision of my Executor in this regard shall be binding upon all persons having an interest therein. (2) If my probate estate is insufficient to satisfy any taxes that are properly payable by my Executor, I have by my aforesaid Revocable Trust Agreement, directed the Trustee to make available to my Executor from the trust estate sufficient funds with which to pay such taxes in full. IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this y day of 91998. (SEAL) MILDRED L. FEENEY SIGNED, SEALED, PUBLISHED, and DECLARED by MILDRED L. FEENEY, as and for her Last Will and Testament, on the day and year last above written, in the presence of us, who, at her request, in her presence, and in the presence of each other, all being present at the same time,have hereunto subscribed Cam _ our names as witnesses: -4- SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND WE,MILDRED L. FEENEY, and Shawn W. Weis Michele A. Singer , and Joyce C. George , the Testatrix and the witnesses,respectively,whose names are signed to the attached or 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 she had signed willingly(or willingly directed another to sign for her), 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 Testatrix, signed the Will as witness and to the best of his or her knowledge the Testatrix was at that time eighteen(18)years of age or older, of sound mind, and under no constraint or undue influence. MILDRED L. FEENEY, Testatrix Witness a. G Witness �),� C.> -8 Witness Subscribed, sworn to, and acknowledged before me by MILDRED L. FEENEY, the Testatrix, and subscribed and sworn to before me by Shawn W. Weis Michele A. Singer , and Joyce C. George ,witnesses, this 20th day of March , 1998. Notary tublic Notarial Saal ECYnthia J.Rtafe N'0"'Hill Boro,Cumber!hl Cb�,n mission Expires Jan,