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HomeMy WebLinkAbout07-29-13 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION c� M rn IN RE: EUGENE T. WERTZ, '— m c Deceased r N r r.: rn co 021-13 -$1( PETITION TO ADMIT TO PROBATE A PHOTOCOPY_OF-WILL " �- C/x O TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY: The Petition of Ruth M. Wertz states that: 1. Petitioner, Ruth M. Wertz, is the wife of EUGENE T. WERTZ ("Decedent") who died a resident of Cumberland County, Pennsylvania on May 11, 2013 at the age of 90 years. Petitioner is named Executrix in the Decedent's Will. 2. Petitioner's home address is 3412 Lisburn Road, Mechanicsburg, Pennsylvania, 17055. 3. On June 1, 2001, Decedent executed a Will ("WILL"). 4. The original WILL was in the possession of the Decedent at the time of the Decedent's death, having been kept in the Decedent home after it's execution in 2001. 5. A copy of the Decedent's Will was held at the law office of Johnson Duffie, formerly known as, Johnson, Duffie, Stewart & Weidner located at 301 Market Street, Lemoyne, Pennsylvania, 17043, a copy of which is attached hereto as Exhibit "A" Y "� 6. Following a diligent search, Petitioner has been unable to locate the Decedent's original WILL. 7. Decedent has never made mentioned of having intended to revoke his WILL. WHEREFORE, your Petitioner prays that the Register of Wills authorize the probate of the photocopy of the Last Will and Testament of EUGENE T. WERTZ, deceased, dated June 1, 2001. TUCKER ARENSBERG, P.C. By: Aaron C. Jac Esquire HBGDB:137180-1 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Before me, the undersigned authority, a notary public, in and for the said County and Commonwealth, personally appeared Ruth M. Wertz, the named Executrix under the Will of EUGENE T. WERTZ, deceased, who, being duly sworn according to law, deposes and says that the statements contained in the within Petition are true and correct to the best of her information, knowledge and belief. Ruth M.Wertz COMMONWEALTH OF PENNSYLVANIA Sworn to and subscri d Notarial seas befo a me this p Faith D.Henry,Notary public —may NOW Cumberland Boro,Cumberand County o�2413. Commission&oftft Aug.4,iota �.y-� MEM6ai4 PENNSYLYANTA A554CtA'Rik!Of NOTAW£5 Notaty Public My Commission Expires: LAST WILL AND TESTAMENT OF .EUGENE T. WERTZ I, EUGENE T. WERTZ, of 3412 Lisburn Road, Lower Allen Township, Cumberland County, Pennsylvania (Mechanicsburg, PA 17055) , being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to he my Last Will and Testament, hereby revoking any and all Wills and Codicils at any time heretofore made by me, ITEM I - I hereby direct my hereinafter named Personal Representative to pay all of my just debts, funeral expenses, and estate and inheritance taxes as soon after my death as may be found convenient_ I further direct that my Personal i Representative pay all estate, inheritance and other death taxes as expenses of the administration of my estate with respect to property constituting my gross estate for death tax purposes, whether or not such property passes under this Will. ITEM II - I give and bequeath, to my wife, Ruth M. Wertz, any motor vehicles, household furnishings, personal effects and other tangible personal property that I own at the time of my death. Page one of Ten C i ITEM III - All the rest, residue and remainder of my estate whether real, personal or mixed, of whatsoever nature and kind and wheresoever situated, including any property over which I hold a power of appointment, I give, devise and bequeath to the i trustee hereinafter named, IN TRUST, to hold the same for the i Purposes set forth below: A. I appoint Robert E. Wertz as Trustee. If he declines or is unable to serve then I appoint Julia K. Sandnes as Trustee. B. The Trustee shall pay the net income to my wife, Ruth i M. Wertz, during her lifetime and said payments shall be made at least quarter-annually and shall be made monthly if she should so request. C. The Trustee, in the Trustee*s sole discretion, may invade the principal of this trust whenever, in the Trustee's judgment, such invasions are necessary for the support, maintenance, well being and medical care of my wife in order to keep her in accordance with the standard of living established during my lifetime of the Trustor, after taking into consideration other resources available, including other sources of income and available public funds and grants. D. Upon the death of my wife, the Trustee shall distribute the entire trust fund, both principal and income, in equal shares to my children, Robert E. Wertz, Julia K. Sandnes and Page Two of Ten William H. Wertz, and the trust shall be terminated. If at that time any of my children shall be deceased and shall have left issue who are at that time living, the share of the trust estate i to which such deceased child would otherwise have been entitled shall continue to be held by the Trustee for the benefit of the deceased child's issue, per stirpes. Under such circumstances, the Trustee but shall be authorized, in the Trustee's sole discretion, to apply income and principal of the trust account held for any such issue for the support, maintenance, medical i care and education of the beneficiary entitled thereto after taking into consideration other revenues available to the i beneficiary, including other sources of revenue, student loans and available public funds and grants. When such beneficiary j shall have reached twenty-three (23) years of age, the trust for that beneficiary shall be terminated and the balance remaining therein shall be delivered to the beneficiary free of the trust. E. If at the death of my wife, any of my children shall have died and left no issue who are at that time living, the share of the trust estate to which such deceased child would otherwise have been entitled shall become part of the balance divided among my other children or their issue. F. In the event any beneficiary should die prior to the time set for distribution of the trust fund established for him Page Three of Ten or her, the Trustee pay part or all of his or her funeral expenses and the remaining principal and undistributed income shall be distributed to his or her then living issue, per stirpes. If any beneficiary should die without leaving issue surviving him or her, then the remaining principal or accumulated income shall be distributed among my then living issue, per stirpes. G. The Trustee shall have the power, in the Trustee' s sole discretion, to terminate one or more of the trust funds created hereunder if, in the Trustee's discretion, such funds have become I so small as to be impractical to be further administered. Under I such circumstances, the Trustee may, in the Trustee's sole discretion, distribute the funds to the beneficiary then entitled to the income or, if the beneficiary is under the age of twenty-one (21) years, to a Custodian for him or her under the Pennsylvania Uniform Transfers to Minors Act (or similar act in i any other state) . Trustee shall select the Custodian who may be the same as the Trustee. H. Notwi'%standing any provision hereof to the contrary, if any trust hereunder created shall violate any applicable rule against perpetuities, accumulations or any similar rule or law, the Trustee is hereby directed to terminate such Trust on the date limited by such rule or law and there upon the property held Page Four of Ten in trust shall be distributed to the persons entitled to share therefrom. ITEM IV - In the event my wife, Ruth M. Wertz, should predecease me, then I give, devise and bequeath the residue of my estate to my children, Robert E. Wertz, Julia K. Sandnes and William H. Wertz, in equal shares. In the event any child should predecease me, I give the share of such deceased child to his or her issue, per stirpes; provided, however, that if any such issue should be under the age of twenty-three (23) years, then I give r the share of such deceased child to the Trustee under the trust provisions referred to in Item III above. In the event any i deceased child should die without issue surviving him or her, then the share of such deceased child shall be distributed among my other children or their issue. ITEM V -If any beneficiary under this Will should be under the age of twenty-one (21) years when he or she is entitled to distribution under this Will, then my Personal Representative or Trustee is authorized in my Personal Representative or Trustee's sole discretion, to deliver such beneficiary's share to a Custodian for him or her under the Pennsylvania Uniform Transfers to Minors Act (or similar Act in any other state) , My Personal Representative shall select the Custodian who may select himself or herself. Page Five of Ten 4 ITEM VI - Any amounts, whether principal or income, which are payable to a beneficiary under this Will may, at the discretion of my Personal Representative or Trustee, be paid to the guardian of the person and/or property of such beneficiary, or directly to such beneficiary, or may be applied for the use or benefit of such beneficiary. The receipt of such amounts by the guardian or beneficiary, or evidence of the application of such amounts, shall be a full and complete discharge of my fiduciaries hereunder to the extent of such payment or application. i ITEM VII - No interest of any beneficiary of my estate, { either in income or principal, shall be subject to anticipation or to pledge, assignment, alienation, sale or transfer in any manner, or to attachment or claims of creditors while in the possession or control of my fiduciaries. ITEM VIII - In the event that any assets of my estate, by the terms of this my Will, are to become a part of any trust and if such assets will immediately distribute upon the receipt thereof by the Trustee, such assets may be distributed by the Personal Representative hereunder in exactly the same manner as i provided in the involved trust without requiring that they pass through the said trust. Page Six of Ten ITEM IX - I appoint Ruth M. Wertz as Executrix of this my Last Will and Testament. If Ruth X. Wertz, should predecease me or otherwise be unable to serve, then I appoint Robert E. Wertz as Executor, but if he should also predecease me or otherwise be unable to serve then I appoint Julia K. Sandnes .as Executrix. ITEM X - My Personal Representatives and Trustees named in this Will shall have the following powers in addition to those given by law: A. To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments, B. To sell, exchange, partition or lease for any period Of time any real or personal property and to give options therefor for cash or credit, with or without security; C. To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; D. To hold shares of stock or other securities in I nominee registration form, including that of a clearing ! corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; Page Seven of Ten E. To engage in litigation and compromise, arbitrate or abandon claims; F. To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to ma(fe reasonable determinations or current values; and G. To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes without obligation to adjust the distributive share of income or principal of any person affected thereby; and H. To retain un-invested cash, in such amounts and for such period of time as the fiduciary shall deem advisable for the proper administration of the property. ITEM XI - I direct that my Personal Representatives and Trustees shall not be required to give bond for the faithful performance of their duties in any jurisdiction. Page Eight of Ten IN WITNESS WHEREOF, I have hereunto set my hand and seal this � •�r day of I t_ ^fie 2001. I 7GENE T. WERTZ Signed, sealed, published and declared by the above Testator, EUGENE T. WERTZ, as and for his Last Will and Testament, in our presence, who, at his request, in his presence and in the presence of each other, we believing him to be of sound mind and memory have hereunto subscribed our names as witnesses. ez' of Caq a 4 y- — of F -rC (�aCQ .�ncJth � a Page Nine of Ten COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN as We, EUGENE T. WERTZ, Testator, Kent H. Patterson and - Mary A. Deise witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority, the Testator signed and executed the instrument as his Last Will and Testament and that he signed it willingly and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witnesses and that, to the best of their knowledge, the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue inf-1e. / T.+ WWEERTZ subscribed, sworn to and acknowledged before me by Eugene T. Wertz, the Testator and subscribed and sworn to before me by Kent H. Patterson and _ Mary A. Deise witnesses, this 1st day of 'June 2001. f� �"< ` .... My Commission Expires: ota Public' E . to wr4 Nai Page Ten of Ten y b.Brown,Notary Pubb owg,Dauphin County sslon Fxoir2s Feb.18.2002