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HomeMy WebLinkAbout05-10-13 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF 611 M18SZLA'N0 COUNTY, PENNSYLVANIA Petitioner(s) named below-. Who is'are 18 ;ears of age or older, appiy(les) for Letters as specified below, and in support thereof aver(s) the tbllowine and respectfully request(s) the grant of Letters in the appropriate form: Decedent's Information St Name: Lytii_e $• Brown Fite No: 2j-13 I a/k/a: Kathlt 113 Louise. Emwn (Assigned by Register) a/k/a: ,�, a/k/a: Date of Death: _Qi 1-; /4'. 613 Age at death: ES Decedent was domiciled at death in Cu e ��County, PCAns VAMU (State)with his/her last principal residence at 9Dif fs atry � Driyeyt�C.L}tp, fPS�tt r+c , l^8+..rxl�l TWi). L'um}�erlaRrcl� Street address,Post Office and Zip Code Cit , ownship or Borough County Decedent died at r7ef6l K110. st, /IiP h bbn—rq (oUJCy'/�lltsa Tix11J Cwt,(6Y �7e rl� p/+ Street addre ,Post Offic and Zip Code ✓� City,Township or BOraug{i4 County State Estimate of value of decedent's property at death: OD If domiciled in Pennsylvania............................ All personal property $ 5291 poO, If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsy lvania. ....................... Personal property in County $ Value of real estate in Pe nnsyl vania............................................ ............. $ TOTAL ESTIMATED VALUE. ... $ $ &CC ° Real estate in Pennsylvania situated at: al� {Attach additional sheets,ffnecessary.) Street address,Post Office and Zip Code City,Township or Borough County A. Petition for Probate and Grant of Letters Testamentary /�,, Petitioners)aver(s)hetshatilwg istare the Executor(e)named in the last Will of the Decedent,dated butch bt L It fl aud-Godicil(s) thereto dated state relevant circumstances(ag.renunciation,death of executor,etc.) Except as follows:afterthe execution ofthe instrument(s)offered for probate Decedent did not many,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 bent or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. IM NO EXCEPTIONS ❑EXCEPTIONS © B. Petition for Grant of Letters of Administration (ifapplicable) e.t.a.,d.b.n.,d.b.+t.c.t.a.,pendente[ite�7urante absenrir�durmNe trdyorimte If Administration,c.i.a, or d.b.n.c.t.a.,enter date of Will in Section A above and cg%obte list o'f-}reir ca't� c� Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for rrs a`d,bcen e4ablislle'd as<aefined kz in 23 Pa.C.S.§3323(g)and was neither the victim of a killing not ever adjudicated an incapacitated pers= D r— ""'' rT T O r i l ENO EXCEPTIONS D EXCEPTIONS 1> ca — Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the folFeeiwing spepse(lady)an'n'heiFsi(atmch additional sheets,it necessary): C "TT :3 — Name RelationshipA� rest r" Form RW-01 rev. 10/11/,2011 Page I of 2 Oath of Personal Representative oreaal use only COMMONWEALTH OF PENNSYLVANIA } } SS: CODNTYOF Cu.M8E2L,AND RkCDit �= OFFICE OF t r "'' t_L.S Pz:ioonerlsl Printed Name Petitioners)Printed. ddress Cl+fvrd 0?• 13rown tar Aiue 111 17 1 i8 COURT r'llhiLIPPI AND CD., PA The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the beat of the knowledge and belief of Petitioner(s)and that,as Personal Represeutative(s)of the Decedent,the Petitioner(s}wi e11 d truly administer the estate according to law. Sworn to geed n scribed b =!/ � —Date me this / ay o _ Date By. Date P0r a Register Date BOND Required:❑YES ❑NO To the Register of Wilts: FEES: Please enter my appearance by my signature below: Letters.. . .. . . ...... ......... $ Attorney Signature: { )Short Certificate(s)...... ( ) Renunciation(s). . . .. . . . , Codicil(s). { )Affidavit(s)............ j(��� � tr (p�j/ __ / / Bond... . . . . . . . . Printed Name: C&.-/BS G cWj& J.f..L Commission. . . . . . . . . . .. . . . Supreme Court Other .. .... ID Number: 38513 . . . . . . Firm Name: �RCjPS �, n'S�itela� . . . .. . Address: Phone: Automation Fee- Fax: -7 – .- JCS Fee. . .... . Email: CC'S1tiG/orS.s� 7 os dC TOTAL. . . . . . . . . . . . . . . . . . . . . $ DECREE OF THE REGISTER Estate of LAAI$e, 17, Brown File No:atkla: etgrt�n j 'S,0_Rraton AND NOR',_�� /Q , 02.SL in consideration of the foregoing Petition, satisfactory proof having been} r'esented before me,IT IS�D.yE�CREED that Letters are hereby granted to (,.,/r'Gtd R �iywrr in the above estate and(if applicable) that the instrument(s)dated A b / 9 described in the Petition be admitted to probate and filed WM0 the Ia Witl id Codicil(�f Decedent f Wills / FarvnRUA! wv. fngl 1201/ LL 2 2 3z w � M C) LAST WILL AND TESTAMENT OF LOUISE B. BROVv 1 �, � ; la ` R7 0 ^ri CT CJ ri I,LOUISE B. BROWN, of the Borough of Mechanicsburg;--Cumberland.Count , Pennsylvania, declare this to be my last Will,hereby revoking all prior wills and codicils. — 7 FIRST: The expenses of my last illness and funeral shall be paid from my estate. SECOND: I hereby give and bequeath, absolutely and in fee simple,to my spouse, CLIFFORD R. BROWN, all my household furniture and furnishings, books,pictures, jewelry, silverware, automobiles,wearing apparel and all other articles of household or personal use or adornment,provided that if my spouse dies before the thirtieth (30th)day following the day of my death, this gift shall lapse or be divested and I make said bequest to my son,TERRY R. BROWN, and my daughter SUE A.PETRY,or,in the event either or both of them predecease me, their issue,per stirpes, living at the time of my death,to be divided among them as they shall agree. If they cannot agree for any reason,then these items shall be sold at public auction,my issue being permitted to bid upon such items without specific permission of the court even though they might be a fiduciary at the time. My Executor shall represent any minor child in any division of such property and shall deliver to the person standing in the place of a parent to such minor,without bond, such portion of the minor's share as my Executor, after considering the minor's wishes,deems appropriate and shall sell the balance and pay the proceeds to my Trustees to be retained for the minor under Item SEVENTH hereof. THIRD: Should I so desire,I will make a series of specific bequests to specific individuals on a plain piece of paper to be signed and dated by me and to be inserted with this,my Last Will and Testament FOURTH: The gift to my spouse in this Item is intended to give my estate the marital deduction effective under the Internal Revenue Code to reduce Federal estate tax. Any provisions in this Will which conflict with or fail of this intention shall be so reconciled or amplified as to accomplish this objective. If my spouse, CLIFFORD R. BROWN, survives me, I direct that my Trustees, hereinafter named,hold, IN TRUST,an amount free of all taxes equal to the maximum marital deduction allowable to my estate for Federal estate tax purposes,reduced by an amount,if any, needed to increase my taxable estate to the largest amount that after allowing for the unified credit and any other credits available to my estate, will result in no Federal estate tax, and pay the net income therefrom not less frequently than quarterly to my spouse for life. My spouse shall have power to appoint all or any part or parts of the principal of this Trust to himself or a class composed of the issue of myself and my spouse. This power shall be exercised by him alone and in all events by specific reference thereto in h I1 Will,or by delivery at any time or times during his lifetime of a written direction to my Trustees who shall thereupon make payment as he directs. My Trustee shall pay to his.personal representatives from any unappointed principal the difference between all taxes,interest and penalties which they must pay by reason of his death and those which would be payable by them if such unappointed principal were not taxable in his estate and shall add the balance of such unappointed principal to my residuary Trust. FIFTH: I give and devise the residue of my estate,real and personal, to my Trustee hereinafter named, IN TRUST,as follows: (a) The net income therefrom shall be paid to my spouse,CLIFFORD R. BROWN, for life. (b) My spouse shall have the power to appoint to himself up to the greater amount of five percent(5%)or$5,000 annually from the principal of the residuary trust under this Item. This power of appointment shall be noncumulative and may be exercised during my spouse's lifetime only by him giving the Trustee written direction other than by his Will. (c) Upon the death of my spouse,or in the event my spouse predeceases me,my estate shall be distributed as follows: (i) All the rest,residue and remainder of my estate shall be divided into two equal shares, and one share shall be paid to my son,TERRY R.BROWN, and the other share shall be paid to my daughter SUE A.PETRY. In the event either of my aforesaid children should predecease the survivor of my spouse and me, his/her share shall be paid to his/her surviving issue, ter stioes,or in default of such issue, shall be paid to my remaining child,or to.that child's surviving issue,p- r slimes, as the case may be. (ii) If no issue of my children survive the survivor of my said spouse and myself, the remaining undistributed principal and accumulated income shall be divided into two equal shares and one share shall be paid to my heirs who would be entitled thereto under the Intestate Laws of Pennsylvania in effect at the death of the survivor of myself and my spouse; and the other share shall be paid to my spouse's heirs who would be entitled thereto under the Intestate Laws of Pennsylvania in effect at the death of the survivor of myself and my spouse as if my spouse had then died Intestate. I CT-I: Trustee may use principal of the trust under Item FOURTH hereof(Marital Deduction Trust)only for the benefit of my spouse. With the foregoing exception my Trustee may use principal from the trust under Item FIFTH hereof (Residue Trust) for the benefit of my spouse and issue as that Trustee deems necessary: (a) To meet the expense of any accident,illness or other emergency befalling any of them; (b) For maintenance, support and education (including college and graduate school); (c) To pay funeral expenses,including the cost of a grave marker and perpetual care of the grave. Any principal used for the benefit of my issue shall be charged as an advancement from his or her family's share of the trust. Further, any invasion on behalf of any issue cannot exceed the amount that would be allocated to his or her family's share of such trust. Notwithstanding the foregoing,the power to consume,invade or appropriate property for the benefit of my spouse and issue shall be limited by ascertainable standard relating to health,education, support or maintenance within the meaning of subparagraph (a)of Section 2041(b)(1)of the Internal Revenue Code of 1954 or any similar provision which may be in effect at the time of my death so that such power will not constitute a general power of appointment. SEVENTH: I appoint my Trustee as Guardian to hold for minors all property payable by law to a guardian appointed by my Will and use the same for the minor's maintenance and education,either directly or by payment to any person selected to disburse it, whose_receipt shall be a complete acquittance therefor. All unexpended income and principal shall be paid to the minor at majority. For purposes of this Will,majority shall be construed to be when the individual attains the age of twenty-five(25)years. EIGHTH: No provision of this Will is intended to exercise any power of appointment,including any power of appointment granted to me by my spouse's estate planning or other documents. NINTH: All taxes,interest and penalties thereon payable by reason of my death with respect to property comprising my gross estate,whether or not passing under this Will, shall be paid from the principal of my residuary estate under Item FIFTH C.1.,provided however,that funds of my Trust created herein may be used to pay taxes,interest and penalties attributed to such trust assets. TENTH: No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation, and the personal receipt of such beneficiary shall be the sufficient and only discharge of my Executor and Trustee unless otherwise provided herein. ELEVENTH: In addition to powers given them by law,my Executor and Trustee and their successors and any guardian acting hereunder shall have the following discretionary powers applicable to all real and personal property held by them,effective without court order and until actual distribution: (a) To retain all property received by them including the stock of any corporate fiduciary acting hereunder,provided such property remains productive; (b) To invest in all forms of property without restriction to investments authorized to fiduciaries, so long as such investments are productive, (c) To join in any incorporation,partnership,recapitalization,merger, reorganization or voting trust plan; to delegate authority with respect thereto;to deposit investments under agreements an d pay assessments; and generally to exercise all rights of investors;. (d) To compromise controversies; (e) To exchange or sell for cash,property or credit,publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of the trusts hereunder,without liability on the purchasers or lessees to see to application of the consideration, and to give options for these purposes without obligation to repudiate them in favor of a higher offer, (f) With respect to my residuary trust under Item FIFTH hereof, to allocate items of receipt or disbursement between income and principal as they deem equitable regardless of the character given such items by law; (g) To apply income or principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by reason of age,illness or any infirmity or incapacity,or to pay the same to such person as they select to disburse it,whose receipt shall be a complete acquittance therefor, without the intervention of any guardian; (h) To borrow money, including the right to borrow from any corporate fiduciary acting hereunder, and mortgage or pledge as security; (i) To hold investments in the name of a nominee; (j) To distribute in cash or kind or partly in each at valuations fixed by them; (k) To assume continuance of the status of any beneficiary with reference to marriage, divorce, Illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumption; (1) To elect to value my gross estate for Federal estate tax purposes as of the date of my death or as of the alternate valuation date as allowed for such purposes, and to claim as income tax deductions expenses that would otherwise qualify as estate tax deduction and other elections allowable under law; (m) Except to the extent necessary in order that the trust under Item FOURTH hereof qualify for the marital deduction allowable under the Internal Revenue Code,it shall not be necessary to segregate investments as belonging to a particular trust or share therein and all interests may be held in undivided form in a single fund from which proportionate distributions are made based on current reappraisals; (n) To merge any similar trust established by my spouse where the terms of the same are identical; (o) To make income or principal distributions during the course of administration of my estate or trust created hereunder, (p) In the event that I am the beneficiary of a qualified terminal interest trust and the same is taxable in my estate, I direct that my Executor shall seek reimbursement from said trust for all taxes due by my estate because of the inclusion of such trust in my estate, said computation of taxes due to be computed by taking taxes owed by my estate and such property included therein as compared to the taxes my estate would owe in the event said property were not taxable in my estate; and (q) To undertake any and all acts deemed necessary and proper by it for the proper and advantageous management of any trust and the settlement of my estate. TWELFTH: No fiduciary who is a beneficiary of my residuary trust created in Item FIFTH hereof shall participate in the exercise of any discretionary power to use the principal thereof for the benefit of any person or to apportion or allocate items of charge or credit between principal and income of such trust. Additionally,no fiduciary named herein shall participate in any discretionary decision to invade or use the principal of any trust hereby created for his/her benefit or for the benefit of his/her issue and in addition no fiduciary named hereunder shall enter into any reciprocal arrangement with any other fiduciary to make such discretionary distributions. No fiduciary named herein shall have any power with regard to the administration of a trust created hereunder if such power would cause the trust to be includible in his or her estate for federal estate tax purposes. THIRTEENTH: Any person, other than my spouse, who shall have died within thirty (30)days of my death, shall be deemed to have predeceased me. If my spouse and I die simultaneously, or under such circumstances that the order of our deaths cannot be established by proof,my spouse shall be deemed to have survived me. Any person (other than myself) who shall have died at the same time as any then recipient of income or in a common disaster with such beneficiary, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased FOURTEENTH: I appoint my spouse, CLIFFORD R. BROWN, as Executrix of and as Trustee under this my Will. In the event my said spouse cannot act or continue to act as Executrix and/or Trustee for any reason,I appoint my son TERRY R. BROWN and daughter SUE A. PETRY,to act in his place. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. FIFTEENTH: My Corporate Fiduciary,if any, shall receive compensation for the performance of its functions hereunder in accordance with its Schedule of Fees in effect from time to time during the period over which its services are performed. SIXTF..ENTH: The situs of the trusts established hereunder shall be considered to be in Cumberland County,Pennsylvania. • IN WITNESS WHEREOF,I have hereunto set my hand and seal this 6�day of /�f/ 1996_, to this and the preceding pages, and 1 have also placed my initials on each preceding page for better identification and greater security. �J LOUISE B BROWN (SEAL) SIGNED, SEALED,PUBLISHED and DECLARED by the above-named Testator, LOUISE B. BROWN, 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 our names as witnesses. p D , RECORD"' OFPiCE OF REC�STER OF 1=d9LLS OATH OF SUBSCRIBING WITNESS(FS) ?Gl3 �IflY 1� F(I 1 38 REGISTER OF WILLS Ct_ERK OF Caren f30U&A000UNTY, PENNSYLVANIA ORP1`10 COURT CUM6ERLANND CO.. PA Estateof Lou(% '5.®roam t,<t )54t1Aryn Louise 36um , Deceased Eeae}r}a subscribing witness to (Print Nance/sJ theX Will presented herewith,{4a4i)being duly qualified according to law, depose(s) and say(s)that a#tei he 44h@.y was, e- present and saw the above Tes#a�es-/Testatrix sign the same and that l;e he/-t4et4 signed the same and that s1 Fg signed as a witness at the request of the Zzaatef4 Testatrix in her,Gkis presence and in the presence of each other. (Signaaae)Ch4r o F, Shj' lds1/� (Signature) 6 C/ouser An'd (Scree!Address) (Street Address) �1e�antcsbHrq, & 1-70SS (City,State,Zip) (Coq"State,Zip) Execufed in Register's Office Executed out of Register's Office Sworn to or affirmed as subscribed Sworn to or affirmed and subscribed before me this ��/ ' day before me this day of 411(10-y of puty for e o Tills Notary Public U My Confinission Expires: (Signature and Seal of Notary or other official qualified to administer oaths, show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please haveprescnt the original or copy of instrument(s)at time of notarization. Fa'nIRkK03 rev. /0.13.06 f _ SW RECORDED OFFICE OF OATH OF NON-SUBSCRIBING WMES-9,(ES VVIUS /'613 FIRM 10 F(1 1 38 REGISTER OF WILLS C'aM A COUNTY,PENNSYLVANIAC L E R K OF ORPHANS' COURT �r �p / CUMBERLAND CO., PA Estate of �..06LI$e�. B"UM aKG d/!'iry4 L-OUISt, )3rOL Deceased (_�eing duly qualified according to law, depose(s) and say(s)that he 44hey was/awffs well- acquaintedwith ";w- $.2rou)n &Pja /1dLlnr4tt toftke Ot-ou)m and anil&Fwfamiliar with the handwriting and signature of the decedent, and that the signature of Lots ,'se 13rowN to the foregoing instrument.purporting to be the Last Will and TestamenWG&dic*of LomiSC. 1 �ro tgn is in4ti er own proper handwriting. Sig mtum) /•%_ J roam -(Signature) 0WO *bNr4 (Street Address) (Street Address) I'11ec h a n'ice,64rw . P4 1-7 oss (City,State,Zip) (Cary,Slate,Zip)_ Executed in Register's Office Sworn to or affirmed and subscribed before me this !G day of e "y fo st f Wills Fonn RW-04 rev./0.!3.06