HomeMy WebLinkAbout05-28-13 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 C� —
Name: GLADYSp. OTTO _ _ File No: 21 � � .�' .� / �_ _ _
a/k/a: (Assigned by Register)
a/k/a: _ _ _ _ __ .
��a: _ . Social Security No: __
Date of Death: 5/24/13 ___ _ _ . Age at death: 86
Decedent was domiciled at death in Cumberland _ _ County, Pennsyl_vania (State) with his/her last
principalresidenceat �z1 WalnutBottomRoad 17257 ShippensburgTwp._ Cumberland
Streef eddress,Pwt Omce and Zip Code City,Tonnship or Borough � Counry
Decedent died at 121 Walnut Bottom Raod 17257_ _ ShippensburgTwp._ Cumberland PA
Svcet addms,Poet ORce and Zip Code City,Township or Borough Cnunty State
F.stimale of value of decedenPs property a[death:
/fAomiciled in PennsyPoanio................................All personal propeny $ . . . I50,000.00
/f not domici(ed in PennsyJvania.............................Personal property in Pennsylvania $ .
/fno(AomiciledinPennsylvanio.............................Personalpropertyi�County $ . .. . _..
Vulue of rral estatr in Penttsylvania.............................................................. $ . .
'I'OTAI,F.S"fl)1ATED VALUE.... $ _ . . I50,000,00
Rzal estate in Pennsylvania si[uated aC .. ..._.___ . . . . ...
(.inurhudJilionalshezrs,fnucrs.rury.) Slreetaddress,PostORceandZipCude Ci�y.'fownshiparBorovgh ��Coonty
� A. Petition for Probate and Grant of Letters Testamentarv
Pe[i�ioner(s)aveds)he/shel[hey is/are lhe 8xecutor(s)named in the lut W ill of[he Decedent,da[ed IZ���Q4. . . . . . and Codicil(s)
tnereto aated None. . . . . . .___ .. ._. __. . .. _... . ._. . . . . _.. .
� State relevent circumstanm�e.g.renuncio0on,dealh ojexeeumr,elc)
Bxeept:u follows:after the execution of Ihe instrument(s)offered for probale Decedent did no[marry,was mi divurced,was not a party to a pending
divorce proceeding wherein[he grounds for divorce had been established as defined in 23 Pa.CS.§3323(g),and did no[have a child born or
ad/opted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacita[ed person.
Gd NO EXCEPTIONS ❑ EXCEPTIONS
O B. Petition for Grant of Letters of Administration{itappiicabie� _ _
c[a.,d.b.tt,d.b.n.at.a.,percdente lite,duran�e ahsen�ia,duran(e minorilu(e
If Administration,c.t.a. or db.n.c.t.a.,enter date of Will in Section A above and comuiete list of heirs.
Except az(ollows: Decedent waz nol a party[o a pending divorce proceeding wherein the grounds for divorce had been established u defined
in 23 Pa.CS.§3323(g)and was neither[he viclim oC a killing nor ever adjudiea[ed an incapacita[ed person.
❑ NO EXCEPTIONS O EXCEPTIONS _ _ . E, . '_. �. : ' _-_
�C ,,�
Petitioner(s),after a proper search has/have ascenained that Decedent leR no W ill and wu survived by lhe Couqwi£�spouse(i€�y)n��e��a(mch
addi�ional sheels, iJ'necessaryJ: C� 5 _ -
R5 -i- G':
. - _ __.. ____.__ .. . _... ._ . . _ . . _ _..
. . . . .._ . . _. . ^. -_ � •�) ! .
Nnme Relationship ...___ _ vkd�esr, ��. ; _ � �
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` Oath of Personal Representative orr���i u5z o�iY
COMMONWEALTH OF PENNSYLVANIA } I ',
} SS: j
COUNTYOF CUMBERLAND } i
__ _ _ _ _ . __ _ _
� Pc[itionerf s)Prin[ed Name � Pe[itioner(s)Prinred Address
�. . . . . .._ _... . .. . _ . . . . _. . . . . .. _ ... .. ..._ _._ ._ _ . .. . . . .._ . . ..
10 East High Street
Ivo V. Otto III Carlisle PA 17013
_
The Pe[i[ioner(s)above-named swear(s)or affirm(s)lhe sta[ements in he foregoing Pe[i[ion are We and cortect to the bes[of the knowledgc and belief
of Petitioner(s)and that,as Personal Representative(s)of the Decedent the P titi ) ill well and tmly adminis[er the estate according to law
'__
Sworn co,r affirmed subscribed bef9 re _ �ace S �& � 3
m > `d/a}y o - , /� . . .. � Date -.. . .
. .h'� 5�:.. . -. __ ._. __.. .._.. __ .._
y: � --- . ._. . Ua[e . . ._. _..
�ort Regisler . Da[e _
BOND Required: ❑ YES LI'NO To the ReglsterojWills:
FEES: � Please enter my appearance by my signature below:
�/��"� . . . . .. .__.. .._. ._ _... . . . . . .
�� )Short Certiticates(s) . . . . . . ��F=� . . A[t mey S1 ignature: ��.
Le ers. .. . . . . . . . . $ �i
1
( )Renunciation(s) . . __ �%`�
� )Codicil(s) . . . . . . . . . . . . _ --. . .__. . �. __ . . . _ _. ._ . _ _. _. .. . ,
( )At7idavit(s). . . . . . .. . . . _ ..__ . . .. �
Bond �� Printed Name: 1y0 V,Otto ll_I_�. _ �-�- � _.,_. . . . .
. . . . . . . . . . . . . . . . . . •
Commission .. . Supreme Court .�- G` ." '�
. . . . . . . . _.._ _.. . ...
Other _ . � � ID Number: 27763 _..... n =�_ ' �� ' _... . ..
. . . . . . ._. . � - `�_ - � .
.
.)l� � .\ .,�_ _. .. ` S .. .. . . , Pirm Name: Martson L@w��5 -;; ��`_� .._ . .
T� ' ' �°' Address: 10 East High S¢e€( ; _ "' � '
� n J � . _._ ...
� -- � -�' - -
_. _ . . . . . . . . . _ -- - Carlisl_e . ' PA 17013
-- - —---
_ Phone: (717)243-33�9
rae: (717)243-ISS� ,` � `'' '-' '
_ . . o -:,
Automation Fee . . . . . . . . . . �,� � Email: iotto@martsonlaw.com_ � �
JCS Fee . . . . . . . _...('�. �,
�.. TOTAL . . . . . . $ ��-7j -��. . . . . . . . .. _ . . ..
DECREE OF THE REGISTER
Estate of GLADYS P. OTTO__ _ File No: 21 I ✓ ! I � �/
a/k/a: _
� __ _ _
AND NOW, � � (�� _._ _ �V /_ , in consideration of the foregoing Petition,
satisfactory proof havin een` resented before me,IT IS DECREED that Letters Testamentary
are hereby granted to ��o_V,Otto III
�, _.. .._ __. ._ . .� ...._-____.—._________. . . ._. _ . .. in the above estate and(if applicable)that
', the instrument(s)dated 12/1/2004 ___ __- - --- - _
__ _ _ _ _
. described in the Pe[ition be admitted[o probate and filed of recor s the ast Will nd Codicil(s .Qf Deced"� t. f
' ' I /
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Re ster of i � ���
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'"`'' - LAST WILL AND TESTAMENT
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` "' ' "T� Gti�AIjYS P. OT`PO, of South Middleton Township, Cumberland County, Pennsylvania,
being oflsoUt�l and disposing mind and memory, do hereby make, publish and declare this to be my
�;,,,, ; „ ,
[ea�t����l�'�tid Testament, hereby revoking any and all former Wills or Codicils by me made.
ITEM ONE
1 direct that all my legally enforceable debts, funeral expenses, testamentary expenses and
all inheritance taxes shall be paid to the extent possible from the residue of my estate as soon as
practicable aftcr my decease and as part of the administration of my estate.
ITEM TWO
I give and devise any interest I may have in the re�nainder ofthe farm known as"Rockwood",
consisting of 65 acres, more or less, and located to the north oF and bounded by Lisburn Road and
located to the west of and bounded in part by South Middlesex Road,in South Middleton Township,
Cumberland County, Pennsylvania, to my son, IVO V. OTTO III, free and clear of all liens or
encumbrances thereon.
ITEM THREE
I gi��e and devise my farm located on York Road, South Middleton Township, Cumberland
County,Pennsylvani a,consisting of approximately 130 acres,to my daughter,V ICTOR[A L.OTTO.
ITEM FOUR
All the rest,residue and remainder of my estate,I give and devise to my children,VICTORIA
L. OTTO, C'.ATHY O. PASDIORA and IVO V. OTTO III.
ITEM FNE
lu the event any share ofmy estate shall devolve upon any person who shall not have attained
Page 1 of 6 Pages
the age of 25 years, then my Trustees shall hold such share for the benefit of such person until such
age shall be attained, being at liberty until such distribuYion to pay so much of the net income
therefrom and principal thereof to such person as is necessary for the proper and adequate support
of such person.
ITEM SIX
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 his successors, shall have the following discretionary powers
applicable to all property held by him, which powers shall be effective without order of any court
and shall exist until final distribution:
A. To retain any property of any nature received by him for whatever period he shall
deem advisable;
B. To invest and reinvest all or any par[of said property in such stocks,bonds,securities
or other property, real or personal, as in his discretion he 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 ar 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 ofthe status of anybeneficiary with regard to death,marriage,
divorce, illness, incapacity and the like in the absence of information deemed reliable without
liability for disbursements made on such assumption;
Page 2 of 6 Pages
G. To pay from the trust,or the income therefrom, all debts or claims against my estate,
ar 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 his 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
corporation, company or association, the securities of which may be held hereunder, to delegate
autharity with respect thereto, to deposit investments under agreemenYs, to pay assessments, and
generally to exercise all rights of investors;
J. To invest in endowment, insurance or annuity policies on the lives of beneticiaries
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 he 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 fiom 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, ar 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 fiduciary(ies)hereunder,unable to properly administer such amounts, such amounts may
Page 3 of 6 Pages
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 banefit of
such beneficiary.
Evidence of the application or payment of an amount in such a manner shall be a full and complete
discharge of the fiduciary(ies) hereunder to the extent of sucb 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 far
such services as may be rendered by such agents, attorneys and proxies;
Q. To do all other acts in their judgtnent necessary or desirable for the proper
management, inveshnent and distribution of my Estate.
ITEM SEVEN
PROTECTNE PROVISIONS
All income or principal held for the use and benefit 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 ar 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 son, IVO V. OTTO III, as Executor of my estate.
Page 4 of 6 Pages
I hereby appoint my said son, NO V. OTTO III, Trustee of any trust created hereunder. In
the event my said son, IVO V. OTTO III, shall be unable or unwilling to serve, or to continue to
serve,as either Executor ar Trustee hereunder,then I appoint my daughter CATHY O. PASDIORA,
in his stead.
ITEM NINE
WAIVER OF BOND
I direct that my Executor and Trustee shall not be required to file any bond in any jurisdiction
to secure the faithful performance of his duties, nor shall he 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 l s� day of
��.�� , 2004. �
/� `�' (SEAL)
G ys P. Ott
SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testatrix,as and
for her Last Will and Testament,in the presence ofus,who at her request,have hereunto subscribed
our names as witnesses thereto, in the presence of the said Testatrix and of each other.
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Page 5 of 6 Pages
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We,Gladys P.Otto, �.L�/d U (�� ,and -- c u.._�-rt �.��,
the '1'estatrix and the witnesses, respectively, whose names are ' ned 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 eacb
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.
>
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Te tri
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Witness
Ci�;CC%' ,ll.Cl�.� 'C � ,r%f.��;
/ itnes
Subscribed, sworn to and acknowledged before me by Gladys P. Otto, the Testatrix, and
su�scribed and sworn to before me by ��/d �• �D�[1Z and
�,�i CLIU'.��i�i/� O�- �� , the witnesses, this (S� day of�c�am-6.-o� , 2004.
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'.�i)MMONWtAI.��H OF' PENNSYWANIR NO &Py AbI1C
� NotanalSeal
�4fary M.Price,Notary PuWic
� CaAisle Boro,Cumberland County
, My Commission ExpiresAUg. 18.2007
�' ^�ber u��nsylvarn,AswtigFOn 01 N0t3ries
Page 6 of 6 Pages