HomeMy WebLinkAbout06-21-13 PETITION FOR/ GRANT OF LETTERS
REGISTER OF WILLS OF_ C(J�vl/70i/�(�q� 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 Le[ters in the appropriate form:
DecedenYs In ormation /
Name: V� i IQJh . KGIIJ FileNo: ,��' �,�'(p ��o
a/k/a: f�( � �4 (Assigned by Register)
a/k/a: -1U / A
Date of Death: �j�� Q � Age at death:
Decedent was domiciled at deat in County, '�.�Smre)w th hi /her la t
principal residence at .L � �� D f} � > �� / /'ip�,��p�-��-j�
Street address,P st Office and Zip Cod� City,Township or Borough County
Decedent died at t�c„_,�,__ ��/7W � wi �.��2 �
Street address,�ost Of'fice and Z�p Codc Oty,Tbwnshtp ar Boraugh County State
✓
Estimate of value of decedenPs property at death: -
/f doneici[ed in Pexnsy(vania.............. .............. AII personal proper[y $ �D�6�-�
lJnot damici[ed itt Pennsy[vania. .. . .... ................ Personal property in Pennsylvania $ /J�
Ijnot domiciled in Pennsy(vania. ....... ................ Personal property in County $ N
I'rt[ue ajreo!esta[e in Pettnsy/vania........................... ............... ............... $ d.S
TOTAL ESTIMATED VALUE. ... $ /
Real estate in Pennsylvania simared at: ^ � � �// f-� U � _ ��p //
y�•=—�t�— r�,.(
(A[tach addilional sheeGr,ifneressary.) Street address,Pos[Ofti' and Zip Code ty,Township or Barougn County
[v�A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated S o2 � and Codicil(s)
thereto dated
State relevant circumstances(e.g.renunciotion,Aeafh oferecirtor,eM.)
Exceptasfollows: aftertUeexecutionoftheinstrument(s)offeredforprobateDecedentdidnotmarry,wasnotdivorced,wasnotapartyroapending
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
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
�NOEXCEPTIONS ❑EXCEPTIONS �
. ❑ B. Petition for Grant of Letters of Administration (If applicable)
. c.ta.,d.b.n.,d.b.n.c.t.u.,pendentelite,Jurante absenlia,durunte mirsoritate
If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and comulete list of heirs.
Ezcept as follows: Deceden[was not a party to a pending divorce proceeding wherein[Ue 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. -
❑NO EXCEPTIONS �EXCEPTIONS �o � M
Petitioner(s),aRerapropersearchhas/haveascertainedtha[DecedentleftnoWillandwassurvivedbythefollow'i��se(ifanycdheifs�'a�ch
additionul sheeGV, ifnecessary):
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Name Relationshi Addrese"fl A r ."�3 d
Z U' 7c –'O � 'Ti
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n C T 9--
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Form RW-02 r�,..miiuznii Page 1 of 2
Oath of Personal Representative orr�;�u:o o�iY
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF }
Pe[itioner(s)Printed Name Pe[itioner(s)Printed Address
�-� 5' M iLe�l l <f E� s z�/ l� .�/ o
The Petitioner(s)aoove-named swear(s)or affirm(s)the statements in the foregoing Petition are We and correct ro[he best ofthe knowledge and belief
of Petitioner(s)and that,as Personal Representative(s)of the Decedcnt,tlie Petitioner(s)will well and truly admi 'ster the estate according to Iaw.
Sworn to rmed subscribed before � Daze a/ /
me th' d y o � � Date
Y� � Date
�or AeReg�ster Daie
BONDRequired:❑YES �NO ToikeRegisterofWilts:
FEES: please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $--_-��_� Atrorney Signamre:
(� ) Slturt Certificate(s).. .. . .
( )Renunciation(s).. . . . . . . .
( )Codicil(s). . . . . . . . . . .. .
( ) Affidavit(s).. . . . . .. . . . . ° -
8ond.. . . . . . . . . . . . . . . . . . . . . . . Prin[ed Name: C �"' PT7 n .
Commission... . . . . . . . . .. . . .. . . Supreme Court - .� � —
O[Uer��. . . . . .. . � ID Number: m � n z N �
. . . . . . .. .'D y r N T*S n'Y
DZ �7 ~ � �
. .. . . . Firm Name: �
. . . . .. . . Address: z' r � --y
. . . . . . . . � � � .
. . . . . . . . _� —
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. ... .. Phone: s_ � -r�
Automation Fee. . . . . . . . . . . . . . . Fax:
ICS Fee. ... . . . . . . . . . . . . . .. . . � � Email:
TOTAL. . . . . . . . . . . . . . . . . .. . . $ '
DECREE OF THE REGISTER
Estate of �/V i � I t QYYI �e1� _ File No:_��/-/_3 -/� �(
a/k/a: L T
AND NOW, \J (,�,I� �� ��J , in cons�ati n of the for going Petition,
satisfactory proof having been presented before me,IT IS � REED that Letters
are hereby granted to
in the ab estate and(if ap icable)that
the instrument(s) dated
described in the Petition be admitted to o ate and filed of record as'the last Will( nd Codicil( �i f Decedent.
� ,� /
egister of Wil�n,,, �
L1Y/--
1 /
F��,��aw-nz ,�v. rnnuznu Page 2 of 2
_
H105.BOSREV(9/11) � -� �-�-- � -
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LAST WILL AND TESTAMENT � ° G � p
OF m ° z �' ''
WILLIAM J. KELLY � z m � "' `4r`
x,, N � 3r�
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I, WILLIAM J. KELLY, of Cumberland County, Pennsylvania, b,e�rg�f ser�nd �d'�
disposing mind and memory, do make, publish and declare this to be my L•�s�Vill anatreu`riic�
any Wills and codicils previously made by me. -�- -'� �„ �; o
� 4a -n
ARTICLE ONE
Specific Bequests of TanEible Personal Propertv
I give and bequeath all of my tangible personal property, including but not lunited to, all
my automobiles, fumiture, furnishings, books, pictures, jewelry, china, linen, silver, clothing,
household eftects and personal effects, and other tangible personal property of like nature (not
including cash, securities and other property used ,for the production of income), together with any
existing insurance thereon, to my spouse, Mary Kelly (hereinafrer my "Spouse'), ii' my Spouse
survives me; or, if my Spouse does not survive me, to my children, Emily Morris Kelly and Faith
Hai Mary Kelly, wl�o survive me, in equal shares; provided, however, the then-living issue of a
deceased child of mine shall take, per stirpes, the share their parent would have taken had he or
she survived me. . If I am not survived by my Spouse, my children, or issue, then and in that
event only, I give, devise and bequest all the rest, residue and remainder of my properiy as
follows: the fiisi One Hundred Thousand Dollars ($100,000) to my nephew, Patrick J. Kelly,
and the remainder to my sister-in-law, Meg Morris Aabbaken.
.4RTICLE TWO
Residuarv Estate
I give, devise and bequeath all the rest, residue and remainder of my property of every
kind and description (including lapsed legacies and devises) wherever siYuate and whether
acquired before or after the execution of this Will to my Spouse, if my Spouse survives me; or, if
my Spouse does not survive me, to my children, Emily Morris Kelly and Faith Hai Mary Kelly,
who survive me, in equal shares; provided, however, the then-living issue of a deceased child of
mine shall take, per stirpes,the share their parent would have taken had he or she survived me.
ARTICLE THREE
Payment of Taxes, Debts and Administrative Expenses
I direct that all estate, inheritance and other death taxes (other than generation-skipping
transfei taxes), and all interest and penalties thereon imposed by reason of my death w,ith respect
to property subject to such taxes by reason of my death, whether such property passes through
my probaYe estate or outside of my probate estate, and payable to any federal, state or foreign
taxing authority, whether payable by my estate or by any recipient of such property, and all my
lega]ly enforceable debts, funeral expenses and estate administration expenses, shall be paid to
the extent possible out of my residuary estate passing under ARTICLE TWO hereinabove, prior
to its division into shares for the beneficiazies.
��-,�R�'n�'�����g' LAST WILL & TESTAMENT OF W7LLIAMJ KELLY
AiTORrvEVS AT Law
Page 1 of 7
ARTICLE FOUR
Protective Provisions
The principal of my estate and the income therefrom, so long as the same aze held by my
Executor, shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner,
nor shall any beneficiary have power in any manner to charge or encumber his/her interest in my
estate, nor shall the said interest of any beneficiary be liable or subject in any manner while in
the possession of my Executor for any liability of said beneficiary, whether such liability arises
from said beneficiary's debts, contracts, torts, or other engagements of any type.
ARTICLE FIVE
Powers of Executor
In addition Yo and without limiting the powers conferred by case law, by statute, and by
other provisions hereof, my Executor shal] have the following rights and powers exercisable
without the need for court approval:
(A) Accept and Retain Investments. To accept and retain any form of real or
personal property received by transfer, devise, bequest or otherwise without being required to
diversify and without being limited to the types of investments in which fiduciaries are
authorized by law to invest. This authority shall specifically include the authority to accept and
retain any sYock of a carporate fiduciary hereunder, or in any corporation which controls or is
controlled by it, or any other corporation in which iY holds any ownership interest, together with
any stock dividends received thereon, or any stock acquired in the exercise of subscription rights,
or received by reason of any consolidation, merger or reorganization; without liability for such
retention.
(B) Invest. To invest and reinvest in any form of real or persona] property without
limitation by any law applicable to investrnenYs by fiduciaries.
(C) Voting RiQhts. To vote a security in person or by proxy, to participate in ar
consent Yo any merger, reorganization, dissolution, liquidafion, voting trust plan, or other action
affecting any securities held hereunder, and; to exercise conversion, subscription, and other
rights of whatever nature.
(D) Title To Propertv. To re�;ister ar hold securities and/or other property in the
name of a nominee or nominees, including that of a clearing corporation, a depository, in book
entry form, or to retain securities and/or other property unregistered or in a form permitting
transfer by delivery.
(E) Sale, Lease and Other Dealings with Property. To sell, from time to time, at
public or pri,vate sale, exchange, lease, encumber, option or otherwise dispose of all or any
portion of assets held hereunder; to make, execute and deliver deeds, mortgages, leases,
assignments and other documents necessary to cany out any of the powers granted hereunder,
which shall specifically include the autt�ority to grant leases which extend beyond the period
authorized by law, and; to partition, subdivide, improve and impose any restrictions on real
estate held hereunder and enter into agreeme�ts conceming the partition, subdivision,
improvement, zoning or management of any such real estate.
(F) Borrow. To borrow money from any person or institution and pledge property
as security for repayment of funds.
�-'��&7�-�����' LAST WILL & TESTAMENT OF WILI,ZAM J KELLY
AITORNEYS AT LAW
PRgE 2 Of 7
(G) Distributions in Kind. To make distributions in cash or in kind, or partly in
each, and; to allot different kinds of property to different shares without regard to differences in
the income taY basis of such property. Any such designation, division, allocation, apportionment
or valuation of property shall be binding and conclusive on all parties.
(H) Power to Distribute Outrieht. In any instance where property would be
immediately distributable to a beneficiary of a trust, distribution may be made directly to such
beneficiary without funding such trust. The receipt of any such distribution by any such
beneficiary shall be a full acquittance of the fiduciary making such distribution as to any
amounts so distributed.
(1) Settle Claims. To institute, prosecute and defend any and all legal proceedings;
and compromise, release, adjust and/or setUe any debt or daim.
(J) EmplovmenY of A¢ents. To employ agents including attomeys, accountants,
and others to perform administrative duties.
(K) Disclaimer. To disclaim any interest in property which would devolve to me or
to my estate by whaCever means, including but not liniited to the following means: as a
beneficiary under a will, as an appointee under the exercise of a power of appointment, as a
person entitled to take by intestacy, as a donee/beneficiary of an inter vivos transfer; as a
beneficiary under any insurance policy, as a beneficiazy under an individual retire�nent account
or annuity, and as a beneficiary under any qualified or non-qualified retirement plan.
(L) Property Distributable to Minors Any property (whether income or principal)
disTributable to a beneficiary of my estate who is under the age of 25 shall be distributed to a
person selecYed by my Executor to serve as custodian for the beneficiary under the Pennsylvania
Uniform Transfer to Minors Act and such custodian shall hold the beneficiary's shaze in a
custodial account until the beneficiary reaches the age of 25 and in accordance with
Pennsylvania Uniform Transfer to Minors Act. The receipY of such distribntions by Yhe
custodian shall constitute a ful] acquittance of my Executor as to any amounts so paid.
(L) Property Distributable to Minors. Any property (whether income or principai)
distributable Yo a bene6ciary of my estate who is under the age of 25 shall be paid directly to the
parent or guardian of such beoeficiary, to a custodian selected by my Executor under the
Pennsylvania Uniform Transfer to Minors Act or under a similar act of any other state, or to
persons caring for or having custody of such beneficiary (other than my Executor), or may be
applied for such beneficiary's benefit by payment to such other persons, organizations ar
instifutions (other Yhan my Executor) as my Executor may select. The recipient of any such
payments by any such person shall be a full acquittance of my�xecutor as to my amounts paid.
ARTICLE SIX
Fiduciaries
(A) Anpointment of Executor. 1 appoint my Spouse as Executor of this Will (my said
�xecutor and any successor Executor or co-Executors shall be refened to herein as my "�xecutors"
or "Executor"). Upon the death, renunciation or resignation of my Spouse, I appoint Laura Martin
as my Executor. '
(B) Guardian of Minor children. In the event that my Spouse does not survive me, I
nominate, constitute and appoint Jeanne Viriue, now of 40 Dawn Hearth Circle, Littleton CO
80127 and Meg Morris Aabakken, now of 1277 S. Independence St., Lakewood, CO 80232, or
5%AF�1-A'➢��G7,�iih�](5�I in» LAST WILL& TESTiJMENT OF WILLIAMJ KELLY
ATTORNEVS AT LAW
Page 3 of 7
the survivor of them, to act as YesYamentary guardians of the persons and estates of my minor
children. If either of them shall decline to serve as Guardian, the other shall serve alone.
(C) Miscellaneous. Any successor Executor or Guardian shall succeed to the capacity
of its predecessor without re-conveyance or transfer of property and have all of the rights, powers,
authorities and discretion conferred upon the original Executor or Guardian. No successor Executor
or Guardian shall be obligated to examine the accounts, records, or acts of a previous Executor or
Guardian, as the case may be, nor shall any such successor Executor or Guazdian in any way ar
manner be responsible for any act or omission to act on t}ie part of any such previous �xecutor or
Guardian, as the case may be. No Executor ar Guardian serving hereunder aC any time shall be
required to file any bond or enter security in any Court or jurisdiction in which such fiduciary may
be called upon to act.
ARTICLF SEVF,N �
Interpretafion
(A) Child, Children, Grandchild Grandchildren and Issue. Whenever the tenns
"child," "children," "grandchild," "grandchildren" and "issue" are used herein, such terms shall
be interpreted to include adopted persons as well as natural persons, provided in each instance
t]�aY the adoptee is under the age of eighYeen (18) years at the time of adoption. Such terms are
also intended to include persons in gestation at any pertinent time under this Will, provided such
persons survive birth by thirty (30) days.
(1) Issue,per stimes. In applying any provision of this Will which refers to
a person's "issue, per sYirpes", the children of such person are heads of their respective
stocks of issue, whether or not any child of such person is then living. For example, a
disposition in this Will to a person's "issue, per stirpes" shall be deemed to require a
division into a sufficient nwnber of equal shares to make one share for each child of such
person living at the time such disposition becomes effective and one share for each then
deceased child of such person having one or more descendants then ]iving, regazdless of
whether any child of such person is then living, with the same principle to be applied in
any required further division of a share at a more remote generation.
(2) Issue, per caoita. In applying any provision of this Will which refers
to a person's "issue, per capita', the phrase shall mean the division of an estate by giving
an equal share to each of a number of such person's descendants, all of whom stand in
equal degree to such person, wifhout reference to their stocks or the rigbt of
representation. Issue, per capita is the antiYhesis of issue, per stirpes. For example, a
disposition in this Will to a decedenYs "issue, per capita', assuming that both of the
decedenYs two children (X and Y) predecease the decedent, two grandchildren (A and B)
predecease the decedent (each with surviving issue) and three grandchildren (C, D and E)
are living at the time such disposition becomes effective, shall be deemed to requue a
division into three equal shazes for each grandchild (C, D and E) who are living at the
time such disposition becomes effective. In the previous example, if instead we assume
that one child (� was living at the time sucb disposition becomes effective, that child
(X) would take the entire disposition even if the decedent is survived by issue of the other
child(Y) who predeceased the decedent.
�{�11�-1'�6�7p�11iVCf9 aar LAST WILL & TLSTAMENT OF WILLIAMJ KELLY
ATTORNEVS AT LAW
Pag¢ 4 Of 7
(B) Survival Clauses. If any beneficiary hereunder should die within Ybirty (30)
days after my death or within thirty (30) days after any other person the survival of whom
determines such beneficiary's rights hereunder, then such beneficiary shall be deemed to bave
predeceased me or such other person, as the case may be, for all purposes hereunder
(C) Govemin�. This Will shall be construed and governed in all respects by
and in accardance with the laws of the Commonwealth of Pennsylvania.
(D) Gender and Number. Where appropriate except where the context otherwise
requires, whenever used herein, the singular indudes and plural, the plural the singular and
words of any gender shall be applicable to all genders.
(E) Headin�s/Captions. The headings/captions of Articles, Sections and Pazagraphs
used herein are for convenience of reference oniy and shall have no significance in the
construetion or interpretation of this Will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last
Will and Testament, consisting of ,S"�v�v� L�_) typervritten pages, including this
attestation clause and the following Acknowledgment and Affidavit, to be executed, declared and
published this�� day of I"1 c�� , 2011, at Harrisburg,. sylvania.
-.�-,
1LLI . LLY
On this��day of �� , 2011, WILLIAM J. KELLY, the Testator,
declazed to us, the undersigned, that t e foregoing instrument was the Testator's Last Will, and
requested us to acY as witnesses to Che ame and to the Testator's signature thereon. The Testator
thereupon signed said Will in our presence, we being present at the same time. We now, at the
Testator's request, in the Testator's presence, and in the presence of each of us, hereby subscribe
our names as witnesses thereto. By so doing, each of us declares that he/ she believes the Testator
to be of sound mind and memory.
Witnesses: Address:
�drA�' �"l. ��f �rJ25 IJ. �ror�' $f, � ZOI
itness P� t�,ri z
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��AI�&-a'9��Rr7�0;VA�1�f�1�n' LAST WILL & TESTAMENT OF WILLIAMJ KE/,LYO
ATTORNEYS AT LAW PQS2 S Of/
� ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF DAUPHIN �
l, WILLIAM J. KELLY, the Testator, whose name is signed to the attached or foregoing
instrument,having been duly qualified according to]aw, does hereby acknowledge that I signed and
executed the instmment as my Last Will; that 1 signed it willingly and that I signed it as my free and
voluntary act for the purposes therein expressed.
/.
i
J ,_._.__..._.
ILL � .
Swom or affirmed to and acknowledged before me by WILLIAlVI J. KELLY, the Testator
this��_day of �/�U , 2011.
C � `�`^��-�� �1 ��� (SEAL)
Notary Public
My Commission Expires:
NOTARIA�SEAL
HEATHER A SWANSON
Noqry PuDik
JONESiOWN 80R0.,LEBANON COW�y
My CommkNOn Eapiret Jun 18,2013
'��'`��`�7����°A� LAST WILL & TESTAMENT OF WILLIAMJ KELLY
ATTORNEVS AT LAW
Page 6 of 7
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF DAUPHIN )
We, �Y��t'� Q't• l�l��l��t.y and�`J�D,cl���y¢GFf� the
witnesses, whose names are signed to Yhe attached or foregoing instrument, being duly qualified
according to law, do depose and say that we were present and saw WILLIAM J. KELLY, the
Testator, sign and execute the instrument as the Testator's free aad voluntary act for the purposes
therein expressed; that each of us in the heazing and sight of the Testator signed the Will as
witnesses; and that to the best of our knowledge, the Testator was aY the time eighteen (18) or moxe
years of age; of sound mind and under no constraint or undue influence.
�. ���
w�t�nes
���'/i��.• �
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wimess
Sworn or af£irmed to and acknowledged before me by��D[��—( M.�j�fln�'Cl�(
and��Qeo,u y(! ��.p�!/' ,the witnesses,thisl-�day of ��, 2011.
� ��� �•�(SEAL)
otary�
My Commission Expires:
NOTARIAL SEAL
HEATHER A SWANSON
NoUry Pu01k
JONEBTOWN BORO..LEBANON COUN/Y
My Co�nmla��on EyWroa Jun 18,2013
�KAA�IA"➢'(T's�7:0�1Kit3�enn' LAST WILL & TESTAMENT OF WILL]AMJ KELLY
ATTORNEYS AT LAW
Page 7 of 7