HomeMy WebLinkAbout01.04.05 PETITION FOR PROBATE and GRANT OF LETTERS
Estate of' [~c~t~'-~eo,,~o..) C._o~\~.,~ No. ~.~/- C)~'- -
also known as To:
Register of Wills for the _
t-~ o~ cL -Utr. ov..~..> C'~,\*..,fl , Deceased. County of C;-t-t*~lr-~kg'4'x& in the
Social Security No. :~3 5 '- ac0 ~ 2_~ \ t~. Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut C'~'{. named
in the last will of the above decedent, dated ~3~q~.b~ t~ , 19~7
and codicil(s) dated
(state relevant circumstances, e,g. renunciation, death of executor, etc.)
Decendent was domiciled at death in (~v,~u~-,~.~,L County, Pennsylvania, with
last family or principal.residence at [,.~0 kD, c.-~*.2.-o~e~.a 'Dr\~o...
(list street, number and muncipality)
Decendent, th~n ~_~___..~ years of age, died 'Dx ..., 2~1 ., 1~: 2oot[,
Except as follows, decede~nt did not marry, was not divorced and did not have a child born or adopted
after execution of the will offered for probate; was not the victim of a killing and was never adjudicated
incompetent:
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property $ Sl0o, ocr, -
(If not domiciled in Pa.) Personal property in Pennsylvania $.
(If not domiciled in Pa.) Personal property in County $
Value of real estate in Pennsylvania · $. ~ Crx~ -
situated as follows: ~0 ~. c. dk~_~v-t~.3 ~r~.. ~ fio.~,? ~e-kk; '~
WHEREFORE, petitioner(s) respectfully request(s) the ,probate of the last wilt and codicil(s)
presented herewith and the grant of letters ~ 5'k- c~ v..-~.% ~...,~
(testamentary; administration c.t,a.; administration d.b.n.c.t,a.)
theron.
OATH OF' PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF [~b~._~.~. ck. f
The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are
t~e and correct to the best of the knowledge and be~ef of petitioner(s) and that as person~ represen-
tative(s) of the above decedent pefifione~(s) wilt well and truly administer the estate according to law.
Sworn to or affirmed and subscribed ~ ~~~
befor~me this ~ day of / _ ~ ~
Estate df l-t-oqc\ ~ k,c>x.c.o-. Q ~_,.,
DECREE OF ?ROBATE AND GRANT OF LETTERS
Deceased
AND NOW
the reverse side hereof, satisfactory proof having been presented before me,
IT iS DECREED that the instrument(s) dated
described therein be admitted to probate and filed of re~,~rd as the last will of
and Letters "~r:~-q~r:~3~J.c~ ~' ~ ,_'~_
are hereby granted to ~[-O~t,o~ ~a_ ~?~-,-
~ xx x · c~ ~, ,/' ~ _r2,~t'Z)S"- ~ ., in consideration of the petition on
B.)', ~\ FEES
Probate, Letters, Etc .......... $~koO ,CID
Short Ce~ificates( ) .......... $
TOTAL S ~'
Filed . .~ ~.~.7..~ ...................
ATTORNEY (Sup. Ct. I.D. No.)
ADDRESS
PHONE
his is (o certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be fi)rwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $2.00
P 10898876
No.
o5 143 Rev 2187
Local Registrar
2004
Date
L. Thomas Conley ;.Male a. 385.-- 40 --2611 ~.December 27, 201~4
?Cincinnati,OH .os~,m.:
D~ T~. I-. M'~' Hersney MeOlCal center J~.~. P..~.2,~
Trucking i~z -- 1'*. '~"~ I? [ "'~" ? 1,,. Divorced ,~. N/A
~& Kerwlck Conley ~ Virginia Carty
M[~HOD~D~$P~iTiO~ 12~. · cozn avenue, Royal Oak, HI 68067
~.~" ~1~) ~l~anuary 5, 2005 ~,. Ind[anto~ Gap NaC'l CemJ~anover Twp,Lebanon Co. ,PA
~C~teitem, 2aa~,~ -- ~.. ~ I ' D 012 849L ]z~,. 1303 grtdee Street New Cumh~rl~
~.S. Hershey Medical Center He.hey, PA 7033
I, LLOYD THOMAS CONLEY, presently of Cumberland County, Pen~ylvanla~31
declare this to be my will and hereby revoke all prior wills and codicils made
by me.
1. personalty. I bequeath such items of my tangible personal
property as are specifically itemized on the list, if any, in my handwriting,
signed and dated by me at the end thereof, and attached to this, my will, to
the persons named thereon to receive such items. I bequeath all my remaining
tangible personal property not used in business or for the production of
income, includin9 without limitation, furniture, furnishings, clothing,
jewelry, objects of art and decoration, and the like, and any motor vehicles
which I own, together with the insurance thereon, to those of my daughters,
Tamara K. McLaughlin and Teresa L. Brown, who survive me, to be divided as
they may agree. If my said daughters cannot agree on the division, then such
property shall be distributed in equal shares on the basis of choices
determined by lot and rotation. If such property is distributed on the basis
of lot and rotation, the values as finally determined for state death tax
purposes shall be determinative with regard to the values of the property
passing hereunder and any disparity shall be equalled by such payments from my
estate or between my said daughters as may be necessary. My executor(s) may
sell any and all items not chosen by my daughters as aforesaid, and any and
all items as necessary to equalize shares between said daughters if required
hereunder, and distribute the proceeds.
2. Residue. I bequeath, devise, and appoint all the rest of my
property, of whatever nature and wherever situated, including property over
which I hold a power of appointment, in equal shares to my daughters,
Tamara K. McLaughlin and Teresa C. Brown. If either of my said daughters does
not survive me, then that daughter's share shall pass per stirpes to those of
her issue who survive me, or, if none, to my other daughter (or per stirpes to
the issue of my other daughter if my other daughter is not then living).
3. ~. If any beneficiary should die within sixty (60) days
after me, then such beneficiary shall be deemed to have predeceased me for all
purposes of this will.
4. ~. NO interest (whether in income or principal,
whether or not a remainder interest, and whether vested or contingent) of any
beneficiary hereunder shall be subject to anticipation, pledge, assignment,
sale or transfer in any manner, nor shall any beneficiary have power in any
manner to charge or encumber his or her said interest, nor shall the said
interest of any beneficiary be liable or subject in any manner while in the
possession of my fiduciaries for any liability of such beneficiary, whether
such liability arises from his or her debts, contracts, torts, or other
engagements of any type.
5. Facility of Payment for Minors or Incapacitated Persons. Any
amounts or assets which are payable or distributable to a minor or
incapacitated person hereunder may, at the discretion of my fiduciaries, be
paid or distributed to the parent or guardian of such minor or incapacitated
person, to the person with whom such minor or incapacitated person resides, to
a trust existing primarily or exclusively for the benefit of such minor or
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incapacitated person, or directly to such minor or incapacitated person, or
may be applied for the use or benefit of such minor or incapacitated person.
6. Powers. In addition to such other powers and duties as may be
granted elsewhere herein or which may be granted by law, my fiduciaries
hereunder shall have the following powers and duties, without the necessity of
notice to or consent of any court, but subject to any applicable requirements
of ordinary due care:
(a) TO retain all or any part of my property, real or
personal, including any closely held business in which I have an
interest and the stock of any corporate fiduciary hereunder, if
ever any, in the form in which it may be held at the time of its
receipt, as long as in the exercise of their discretion it may be
advisable so to do, notwithstanding that said property may not be
of a character authorized by law.
(b) To invest and reinvest any funds held hereunder in any
property, real or personal, including, but not by way of
limitation, bonds, preferred stocks, common stocks and other
securities of domestic or foreign corporations or investment
trusts, mortgages or mortgage participations, mutual funds with or
without sales or redemption charges, and common trust funds, even
though such property would not be considered appropriate or legal
for a fiduciary apart from this provision.
(c) To sell, convey, exchange, partition, give options to
buy or lease upon, or otherwise dispose of any property, real or
personal, at the time held by them, at public or private sale or
otherwise, for cash or other consideration or on credit, and upon
such terms and for such price as they may determine, and to convey
such property free of all trusts.
(d) TO borrow money from any person, including any
fiduciary hereunder, for any purpose in connection with the
administration hereof, to execute promissory notes or other
obligations for amounts so borrowed, to secure the payments of
such amounts by mortgages or pledges of any property, real or
personal, which may be held hereunder, and to receive property
encumbered by debts and mortgages and to take subject to and/or
assume same.
(e) To make secured loans (or unsecured loans if to any
trust established by me or if to a child of mine), in such
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amounts, upon such terms, at such rates of interest, and to such
persons, firms, or corporations as they may deem advisable.
(f) To renew or extend the time for payment of any
obligation, secured or unsecured, payable to or by them as
fiduciaries, for as long a period or periods of time and on such
terms, as they may determine, and to adjust, settle, and arbitrate
claims or demands in favor of or against them.
(g) In dividing or distributing any property, real or
personal, included herein, to divide or distribute in cash, in
kind, or partly in cash and partly in kind.
(h) Without limitation of powers elsewhere granted herein,
to hold, manage and develop any real estate which may be held by
them at any time, to mortgage any such property in such amounts
and on such terms as they may deem advisable, to lease any such
property for such term or terms and upon such conditions and
rentals as they may deem advisable, whether or not the term of any
such lease shall exceed the period permitted by law or the
probable period of retention under this instrument; to make
repairs, replacements and improvements, structural or otherwise,
in connection with any such property, to abandon any such property
which they may deem to be worthless or not of sufficient value to
warrant keeping or protecting, and to permit any such property to
be lost by tax sale or any other proceedings.
(i) TO employ such brokers, banks, custodians, investment
counsel, attorneys, accountants and other agents, and to delegate
to them such duties, rights and powers as they may determine, and
for such periods as they think fit.
(j) To register any securities at any time in their own
names, in their names as fiduciary, or in the names of nominees,
indicating the trust character of the securities so registered.
(k) With respect to any securities forming a part of my
estate or otherwise held hereunder, to vote upon any proposition
or election at any meeting of the corporation issuing such
securities, and to grant proxies, discretionary or otherwise, to
vote at any such meeting; to join or become a party to any
reorganization, readjustment, merger, voting trust, consolidation
or exchange, and to deposit any such securities with any
committee, depository, trustee or otherwise, and to pay out of the
assets held hereunder, any fees, expenses and assessments incurred
in connection therewith, to exercise conversion, subscription or
other rights, and to receive or hold any new securities issued as
a result of any such reorganization, readjustment, merger, voting
trust, consolidation, exchange or exercise of conversion,
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subscription or other rights and generally to take all action with
respect to any such securities as could be taken by the absolute
owner thereof.
(1) To engage in sales, leases, loans, and other
transactions with any trust established by me, even if they are
fiduciaries or beneficiaries thereof.
(m) TO make all necessary proofs of death under the
insurance policies (if any) of which they are the beneficiary, to
execute any receipts for the proceeds and to institute any action
to collect said proceeds and to make adjustments of any claim
thereunder; provided, however, that they need not institute any
action unless they shall have been indemnified against all
expenses and liabilities to which they may become subject as a
result thereof. If, however, they desire to institute such action
without indemnification, they are hereby authorized to be
reimbursed for all expenses and liabilities incurred as a result
thereof from any amounts which may be held hereunder then or
thereafter.
(n) TO exercise any and all elections available to them
with respect to income, gift, estate, inheritance and other taxes,
including without limitation execution of joint income tax
returns, election to deduct expenses in computing one tax or
another, election to split gifts, and election to pay or to defer
payment of any tax, in all events without their being bound to
require contribution from any other person.
(o) To operate, own, or develop any business or property
held hereunder in any form, including without limitation sole
proprietorship, limited or general partnership, corporation,
association, tenancy in common, condominium, or any other, whether
or not they have restricted or no management rights, as they in
their discretion think best.
7. Taxes. I direct that all estate, inheritance, and succession
taxes that may be assessed in consequence of my death, of whatever nature and
by whatever jurisdiction imposed, other than generation-skipping taxes, shall
be paid out of the principal of my general estate to the same effect as if
said taxes were expenses of administration, and all other property includible
in my taxable estate for federal or state tax purposes, whether or not passing
under this will, shall be free and clear thereof; provided, however, that my
executor(s) may in the discretion of my executor(s) request that any portion
or all of said taxes (i.e., any or all taxes to be paid out of the principal
of my general estate) shall instead be paid out of the principal of any trust
established by me, to the extent expressly authorized under the terms of said
trust.
8. Fiduciaries. I appoint as Executrix hereunder my daughter,
Tamara K. McLaughlin, presently of Royal Oak, Michigan. If my daughter,
Tamara, is unable or unwilling to serve or to complete the administration of
my estate, then I appoint my daughter, Teresa L. Brown, presently of Grosse
Point, Michigan, to serve in her place. My fiduciaries shall serve as
guardian of the property of any minor beneficiaries hereunder, under any
instrument of trust executed by me, under any policies of insurance on my
life, and in any other situation in which the power to make such appointment
exists under the laws of Pennsylvania. No individual fiduciary shall be
liable for the acts, omissions or defaults of any agent appointed and retained
with due care or of any co-fiduciary, if ever any. NO fiduciary named herein
shall be required to furnish bond or other security for the proper performance
of their duties hereunder.
9. Interpretation. Unless the context indicates otherwise, any use
of the masculine gender herein shall also include the feminine and neuter
genders, and vice versa, and the singular shall include the plural and the
plural the singular.
IN WITNESS W}{EREOF, I, LLOYD THOMAS CONLEY, herewith set my hand to
this, my last Will, typewritten on eight (8) sheets of paper including the
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self-proving attestation clause and signatures of witnesses, this f 7 day of
Witnessed:
/
LLOY~ THO'~AS CONLEY - ~
(SEAL)
residing at
residing at
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COMMONWEALTH OF PENNSYLVANIA
coo~¥ o~ ~0
SS:
LLOYD THOMAS CONLEY, (the testator), ~-~
and 0~4~[~ ~&~ (the witnesses), whose names are
signed to the foregoing instrument, being first duly sworn, each hereby
declares to the undersigned authority that the testator signed and executed
the instrument as his last will in the presence of the witnesses and that he
had signed 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 witness and that to
the best of his knowledge the testator was at that time eighteen years of age
or older, of sound mind and under no constraint or undue influence.
WITNESS:
TESTATOR:
LLOYD ~}{OMAS COIgLEY v~/
Subscribed and sworn to before me by LLOYD THOMAS CONLEY, the testator, and
subscribed and sworn before me by ~O_~ ~. Q~-T~)~ and
Q~_~_~J_~-~_~ ~%~ the witnesses, this l]'~'~day of
~D4~ , 1997.
NOTARIAL SEAL
CAROL A. KOPPENHAVER, Notary Public
Harrisburg, PA Dauphin County
My Commissio~ Expire~March 6,2000
-- Notary Pub ~i~
(SEAL)
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