HomeMy WebLinkAbout10-08-13 �.
PETITIC/I�N FOI2 GRANT OF LETTERS
REGZSTER OF WILLS OF l.f3�1{Rl����-� COUNTY,PE:�TISYLVANL�
i
etitioner(s) named below, who is/are iS years of age or older, app(y(ies) for Letters as specified below, and in
s gpart thereaf avez{s}the foIlowing and respectfully request{s}the grant of Letters in the apprapdate form:
ecedent�s Info maaon t � ' �I r '3� 1 ���
ame; t1 rL D y fr Vtp�J File Pio: � t
�a� (Aast�ned by Register}
a/kla:
��a� Social Security No: ������� -���
ate of Death: �2 2,{1 r"'3 Age at death: '�4,�
ecedent was domiciled at th in CiI��2Ytd-� County, � (Styre)with his/her last /J
�incipalresidenceat �E��( l� � �7h a,.L f14,Ce�,�C) ��ORlio,S,�bL�/l,,,�d�ttr(L.w.cX
Strat�ddres.Poat Otiic d Zlp Cods Citp,ToamRip ar gh6a�(� �i+taQj��{,a.�annry
I�ecedenkdiedat �O�J ���iN�G �r, f M i ,��C�,���.� � /!?n�.]rt/�,(��uQ �y�� l�oSs
Street�ddre��,Post O e and Ztp Code Clty,7 rnship or Boraueh County Shte
E amats af value of d�cedenYs pmperty at death:
Ijdamieikr in Peneuytvanla............................ Ali personal property S
Ijnot domieiled tn Pennsylvania. ....................... Pdreonal property in Pennrylvenia S
ljent don�ieped ln Pennrylvnnia. ....................... Personal property in County S
Valutaf reat eafate ue Ptn»sytvauia......................................................... S
T4TAL ESTIMATED YALUE.... S b�_Do
R�al estate in Prnnsylvenia situatcd er. �
{ «ach odditlona!ahnb,iJnecesrory.j Strce/addrcu,Pwi Office�nd Z{p Code CHy,Townthtp or Sorough Ceunty
� A. Petition tar Probate and Grant otLe�tera Testameatary
Pntitioner(s)aver(s)hdshdthey is/are thc Execuror(s)nemed in the last W ill of the Decedant,dated_ D 11 I4'� �,.0�'�_end Codiail(s)
thoreto dated
5tate relennt pireums4nca(Fg.renunriatton,dsafh pf exaptar,rfc)
Except as foliows:after the acxution oftf�a instmmeat(s}offered forprobate Doeedrnz didnns msay,wasnot divottod,was noi a pettyto apendittg
divoree pmcading whaein tht grounds for divane ha8 bxn atablished as do6ned in 23 Pa.C.S.¢3323{g},snd did not heve a ohiid bom or
adopted;nnd Dtaedent was neither tho victim oFa kilflng nor evar adjudicated en incapaeiuted person,
�NOEXCEPTIONS ❑EXCEP2T01YS � �
B. Petifton t'or Grant,g{Lettera of Adm[�istrateon (ifappiicabio)
, c.t.u.,d.b.n.,d.b.n.aGU.,pmden�eltte,durunreabsmtiu,durunteminorttute
' If Administration,ata.or db,».�ta.,enter date of WiIl in 5ectian A abave and eamalete tist of heirs.
Except as fotiows: Decedent was no[a party to a popEing divorce proceeding whorein[he grwnds for divorco had been established as de8ntd
in 2�Pa.C.S.§3123(g)end was neither the victim of a killing nor ever adjudicated an incapacitated parson. ,
❑tVt}EX£EYCTONS �EXCEPTIONS �
! Peiitioner(s},afterapropersenmhhaslhavaaxertainedthatDecedenHoftnoWiitandwassurvivedbythefoliowingspouse(ifany)a�dheirs(attuch
udditionuf sheetr,ifnecusury):
Name RelatEanshi Addres�
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��xw.o2 ,�..tmtrnolr Page 1 af 2
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Oath of Personal Representative orr���use o�ir
CO MONWEALTHQFPENNSYLVANIA f �
} SS:
C4 NTY 6F } i
Patition s)Printed Namt Petitioner(aj Printed Addrcsa �
G t�Q{z G m�-+ i
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The P titionar(s)above-named sweac{e)or affirm(s)the statem¢nts in the foregoing Pet ' are wc snd wrrect to the best of tha knowledgt end belief '
of Pe tionet{s)and that,as Personal Represrntative(s}of the Deeedent,tht Poti' r{s)wi wdl and tculy administer the ostaze according ro law.
Swo n to a�rmed and subsoribed before Da�a 1 n-k�_ZO1�i
me t is�1 day of � b�«
gY: Date
or the Reg7srn D��
B NDRequfred:QYES �N4 TothtRegisttrojWitts:
P ES: Please enter my appearance by my stavaturo botow:
C.e ers.. .... .. ... .. . ........ $ �'---� Attatney Signature:
( }Short Certificate{s)......
( )Renunciation(s)... .. .. . .
( )Codicil(s). . .. . .... . .. . �
{ }Affidavit(s}.........,.. �"'"'—' " .
Bo d.. . . . . . . . ... . . .. .. . . .. . . Printed Nama:
Co n isaip . Supreme Cnurt �
ot ��r�� :::::: �,,
SD Number:
.... . . �S,OU Firm Nama �
. . . . .. .. Address:
........ _...--
. . . . . . .. ,,,..'_
.. . ... . . ,.^"__ Phane:
A tomation Fee. ...... ........ Fax:
1 S Fee. . . .. .... . .... ..... .. _ Email:
T TAL. . . . . .. . . . . . . . . . . . ... S •,
DECREE OF THE.REGiSTER
Es ate nf_��,, l=-'i-a� File No: ���— ��J^'��1�J`
a1 a:
AND NOW, ��.I[J�1r �� ,��3 ,in considoration of tha foregoing Petitioa,
sa sfactory praof having been presen#ed before me,IT IS DECREED that Letters Tf.�' .Y�U'Yl(,'��_
are hereby granted to C.�t�YYT� �}. �O Y"7
in the above estate and(if applicable)that
th instrument{s)dated � �4'�"
d cribed in the Petition bz admitted to probate and filed af raeord as the last�ili(�dicil{s)}Y�t.
�_�� J ���
gi^ter of Wiits��„ �
Fo m RW-03 �•�. imru�o�f � Page 2 af Z
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OF
ANN D. LYON
I, ANN D. LYON, of Lower Allen Township, Cumberland County,
Pennsylvania, do make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Familv Information. I am married to
WALTER A. LYON, and all references to my husband in this Will are to him.
I have four children: CLIFFORD D. LYON, PAUL D. LYON, JAMES D.
LYON and NANCY F. LYON. These are described in this Will as "my
children," or as "a child of mine." Any person born to or adopted by issue of
mine is to be included as issue of mine. Provided, however, no adopted person
shall benefit under this Will unless the order or decree of adoption is entered
before the adopted person attains the age of twenty-one (21) years.
ITEM II: Instruction in the Event of Death. I
direct that I shall be cremated. It is my desire that my family scatter my
ashes. I would, however, like to have a marker erected at the Durr-Foster lot
in the Ivy Hill Cemetery, 2823 King Street, Alexandria, Virginia.
ITEM III: Death Taxes. I direct that all
inheritance and estate taxes becoming due by reason of my death, whether
�W otri�ee o Payable by my estate or by any recipient of any property, shall be paid by the
S�� Executor out of the residue of my estate, as an expense and cost of
S administration of my estate, except that no taxes shall be charged against any
� �r gift qualifying for the marital or charitable deduction in my estate. The
635 North 12th Sc Executor shall have no duty or obligation to obtain reimbursement for any
s��«aoo
Lemoyne,PA 170 3 such tax so paid, even though on proceeds of insurance or other property not
passing under this Will.
Q-dZ
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ITEM IV: Debts and Final Exnenses. I direct the
Executor to pay the expenses of my last illness, my legally enforceable debts,
and my funeral expenses from the residue of my estate as an expense and cost
of administration of my estate.
ITEM V: Instructions Reeardine Elmore County,
Alabama Real Estate. If I survive my husband, WALTER A. LYON, I hereby
state that it is my wish, should I die within ten (10) years after the execution
of this Will, that my share of real estate in Elmore County, Alabama, be
contributed to an effort, if there is one, to make the Pea Level on my parents'
former property into a historic site. As my children and many others know,
when my parents owned their home in Elmore County, Alabama, the Pea
Level site was a key meeting site in the civil rights movement.
ITEM VI: Taneible Personal Propertv.
(a) Written List. I may leave a written list in my safe
deposit box or elsewhere disposing of certain items of my tangible
personal property. The Executor shall dispose of items of my
personal property as specified in the written list. If no written
list is found in my safe deposit box or elsewhere and properly
identi£ied by the Executorkwithin thirty (30) days after the
probate of my Will, it shall be presumed that there is no other
statement or list. Any subsequently discovered list shall be
ignored.
(b) If Husband Survives. If I do not survive my
LBw ot��ee o husband, I give to him all my tangibie personal property not set
Saidis forth in the written list referenced in paragraph (a), including
$Hll� but not limited to, all of my household furniture and furnishings,
& Rp�g books, pictures, jewelry, silverware, automobiles, wearing
635 NSu�i e 4 0 Sc ee� apparel and all other articles of household or personai use or
�m°s'^°,�'^'�0 3 adornment and all policies of insurance thereon.
Page 2 ��'
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(c) If Husband Predeceases. If I survive my husband, I
give any property of the type described in paragraph (b) and not
set forth in a written list to my children, to be divided among
them as they shall agree. Shouid there be no agreement, this
property shall be divided among my children by the Executor in
as nearly equal portions as is deemed practical in the discretion
of the Executor, having due regard to the personai preferences of
the beneficiaries.
ITEM VII: Residue. I give the residue of my
estate, not disposed of in the preceding portions of this Will, to my husband,
WALTER A. LYON, if he survives me. If he does not survive me, I give the
residue as follows:
(a) Gift to Children. I give SIXTY (60%) PERCENT of
the residue my estate to my children, in equal shares. If any of
my children do not survive me, the share of my deceased child
shall be paid to his or her then living issue, per stirpes.
(b) Gift to Grandchildren. I give FORTY (40%) PERCENT
of the residue of my estate in equal shares to my grandchildren.
My Executor shall establish separate Section 529 Plans (under
Section 529 of the Internal Revenue Code) for each grandchild
who is under the age of twenty-£ive (25) years at the time of my
death.
ITEM VIII: Administrative Powers. In addition to
�w offi�a o the powers granted at law, the Executor shall possess the following powers,
$gi� each of which shall be construed broadly and may be exercised without court
$gj� approval, but in a fiduciary capacity only:
&. ROgC
635 Norrh 12ih S n� (a) Retain Investments. To retain any investments I
Suitt 400
Lemoyne,PA 170 3 have at my death, including specifically those consisting of stock
of any bank even if I have named that bank as the Executor.
Page 3 a-��
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i (b} Vaxv Investmente. To vary investments and to
invest in bonds, stocks, notes, real estate mortgages or other
securities ar in other property, real or personal, withaixt being
restricted to so-called "legal investments", and without being
limited by any statute or rule of law regarding investments by
fiduciaries.
{c} Divisian of Aasets. Zn order to divide the principal
of my estate or make distributians, the Executar is authorized to
distribute personal property and real property partly or whally in
kind, ana ta allocate specific assets amang beneficiaries so iong
as the total market value of each share is not affected by the
division, distribution or allocatian in kind. The Executar is
authorized to make, join in and consummate partitions of landa,
voluntarily or involuntarily, ineluding giving of mutual deeds, or
other obligations, with as wide ppwers as an individual owner in
fee simple.
(d) Sell Assets. To sell either at public or private sale
any or all real or personal property severally or in conjunetion
with other persons, and to consusnmate sale(s) by deed(s) or other
instrument{s) to the purchaser(s), conveying a £ee simple title.
� No purchaser shall be obl,igated ta see to the application af the
purchase money or to make inquixy inta the validity of any sale.
The Executor is authorized to make, execnte, acknowledge and
delzver deeds, assignments, options or other writings as
� necessary ar convenient to carry out the powere conferred upo�
�w o�`1�Qa o the Executar.
Saidis
� c,��,y {e) Encumber R,eal Estate. To mortgage real estate,
g� g,p� and to make leases of real estate.
635 Nocth 12xh St eec
Suitt dW
Lemoyne,PA 170 3 (fj Borrow Monev. To borrow money from any person,
including the Executor, to pay indebtedness of mine or of my
Pa�e 4 ���"
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estate, expenses of administration or inheritance, legacy, estate
and other taxes, and to assign and pledge assets of my estate.
(g) Pav Costs. To pay all costs, taxes, expenses and
charges in connection with the administration of my estate.
(h) Distributions without Court Order. To make
diatributions of income and of principal to the proper
beneficiaries, during the administration of my estate, with or
without court order, in such manner and in such amounts as my
Executor deems prudent and appropriate.
(i) Riehts as Stockholder. To exercise voting rights
with respect to securities which form a part of my estate, and to.
exercise all the powers incident to the ownership of securities.
(j) Reorganize. To unite with other owners of property
similar to property in my estate to carry out any plans for the
reorganization of any company whose securities form a part of
my estate.
(k) Disclaim. To disclaim any interest in property
which would devolve to me or my estate by whatever means,
including but not limited to the following means: as 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
of an inter vivos transfer, and as a donee under a third-party
Law O�ces o beneficiary contract.
Saidis
Sulliv (1) Tax Returns. To prepare, execute and file tax
8[ ROgoe returns of any type required by applicable law, and to make all
�3s Ns��aoo S� � tax elections authorized by law.
I.emoyne,PA 170 3
(m) Allocate Expenses. To allocate administrative
expenses to income or to principal, as the Executor deems
Page 5 ���
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� apprapriate. �-Iawever, no allocatian ta incame shall be made if
the effect of the aliocation is to cause a reduction in the amount
of any estate tax marital deduction or estate tax charitabla
deduction.
{n} Em�lov Advisors. To emplay custadians af property,
investment or business advisore, accountants and attorneys as
the Exacutar desms appropriate, and to compenaate these
persons fram assets of my estate, without affecting the
compensation to which the Executar is entitled.
(o) Basis Adiustment. To make any adjustment to
basis authorized by law, ineluding, but not Iimited to increasing
the basis of any property included in my estate, whether or not
� passing under this Wili, by allocating any amount by which the
basea of assets may be incxeased. The Executor shall be under
no duty and shall not be required to allocate basis increase
exclusively, primariiy, or at al3 to assets which pass as part of my
probate estate as apposed to other property for which a basis
adjustment is allowable. The Executor shall allacate basis
increase equitably among those beneficiaries receiving property
as a result of my death, but shall not be liable to any person, nor
� subject to removal ar surcharge, far any reasonable allocation o£
ba�is increase.
(p) Compromise Claime. To compromise claims.
I
� Lflw oer��ea o {q) Other Acts. To do all other acts in the Executor's
$�� judgment deemed necessary or desirabie for the proper and
��]; advantageous management, invastment and distribution of the
� � estai;e.
G35 Noah 12sh St eec
Suit<$IXS
J.emoynq�n i��3 ITEM IX: Beneficit�ries Under Age 25. If a
beneficiaxy under the age of twenty-£ive (25) years is enLitled to receive assets
under this Wi11, the person who served as Executor of my estate shall xetain
Page 6 ��`"
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those assets as Cuatodian for the beneficiary under the Pennsylvania Uniform
Transfers to Minors Act. The Custodian may receive and administer all
assets authorized by law, and shall have full authority as provided in the
Pennsylvania Uniform Transfers to Minors Act to use assets in the manner
the Custodian deems advisable for the best interests of the beneficiary. I also
designate the person who served as Executor of my estate as successor
Custodian of any property for which I am custodian under any Uniform Gifts
to Minors Act or Uniform Transfers to Minors Act.
ITEM X: Survival. Any person who has died
within thirty (30) days of my death, or under such circumstances that the
order of our deaths cannot be established by proof, shall be deemed to have
predeceased me.
ITEM XI: Executors. I make the foliowing
provisions with respect to Executors:
(a) Primarv Executor. I appoint my son, JAMES D.
LYON, to serve as Executor.
(b) Contingent Executor. In the event that my son,
JAMES D. LYON, is unable or refuses to serve as Executor, I
appoint my son, CLIFFORD D. LYON, to serve as Executor. In
that event that my son, CLIFFORD D. LYON, is unable or
refuses to serve as Executor, I appoint my daughter, NANCY F.
LYON, to serve as Executor. In the event that my daughter,
NANCY F. LYON, is unable or refuses to serve as Executor, I
�w ot��ee o appoint my son, PAUL D. LYON, to serve as Executor.
Saidis
Sulli (c) Comoensation. The Executor shall have the right
� Rp� to receive reasonable compensation for services rendered and
635 North 12�h S�m� reimbursement for reasonable expenses.
Suire 400
Lemoyne,PA 170 3
Page 7 � �,
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{d} Standard of Care. No Executar shall be liable or
accountable for any loss that may result from the goad faith
exercise of the authority granted in this Will.
(e) Securitv. The Executor is specificallv relieved from
the duty of filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this,
my Last Will and Testaznent, consisting of thie and the preceding seven (7)
pages, at the end of eaeh page af which I have aiso set my initials for greater
security and better identification this f g day of /��(,�,..Ll.�, , 20��.
'r'�-�.`... `,�Z�c,»-. �� . (SEAL)
ANN T?. LYON��—�—���
i
We, the undersigned, hereby certify that the foregoing Will was
signed, sealed, published and declared by the above-named Testatrix as and
far her Laet Will and Testament, in the presence of us, who, at her request
� and in her presence and in the presence af each other, have hereunta set our
hands and seals the day and year first above written, and we certify that at
t�e time of the execution thereaf, the said Testatrix was of sound and
disposing mind and memory.
�w o�`�Ba o
SA'IRlie �`�� N{�'"{SEAL} R,esiding at
Sulli
& Rog+e
sss xonn iz�h s�
sw�aoa
- Lemoyne,I!A 170�3 �r"�%���yT��� � �r � .
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' �L�L) Residing at
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ACKNOWLEDGMENT
I
COMMONWEALTH OF PENNSYLVANIA )
� /� ) SS:
COUNTY OF @ �
I, ANN D. LYON, Testatrix, whose name is signed to the
attached or foregoing instrument, having been duly qualified according to law,
do hereby acknowledge that I signed and executed the instrument as my Last
Will and Teatament; that I signed it willingly; and that I signed it as my free
and voluntary act for the purposes therein expressed.
Q-� '��-`� �i � (SEAL)
ANN D. LYON
Sworn to d subscribed before
m, e/ this /� day of
/V� � 20� Z•
Notary P lic
My Commission Expires:
(SEAL) ����TM oF aer+NSri.vnwv,
�s.0
Law Offices o
eiyao e.Ropers,Homy rua�e
�t��� Lemoyne Boro,Cumberlantl County
Si41413 �'CAmlrisYpl ExpirM M 6.2013
MemEx.Penmylvsnie Aeeotlalbn of Ndarles
Sulliv
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635 Notth 12th St ett
Suim 400
Lemoyne,PA 17 3
. _ i_. _ _ _ � _
I
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
/ � J ) SS:
COUNTY OF �`��Ld )
We, ��. Cr n d�S Y and L ' ''1� ('�q,��
the Witnesses whose names are signed to th attached or foregoing
instrument, being duly qualified according to law, do depose and say that we
were present and saw Testatrix, ANN D. LYON, sign and execute the
instrument as her Last Will and Testament; that Testatrix signed willingly
and that she executed said Will as her free and voluntary act for the purposes
therein expressed; that each of us in the hearing and sight of the Testatrix
signed the Will as Witnesses; and that to the best of our knowledge the
Testatrix was at that time eighteen (18) or more years of age, of sound mind
and under no constraint or undue influence.
� �
�' .�..� M �I����,��1
�
Wi es Witness
Sworn to a subscribed before
me this �� day of
�,�,f� , 201L,
Law Offices f �
Sai
Sulliv otary Pub 'c
� �� My Commission Expires:
635 North 12th S me�
Suia400 �SEI��
Lemoyne,PA 17 43
COMMONYYEALTH OF PENNSYLVANIA
ENee E.Ropen,N�odry Public
M��"B��umbeAsntl County
Expkae A rY 6,2b13
Member,PannsVlvanla Aax�rJetlon e(NOhAM
__ _ _ _ __ _ _
RENUNCIATION
. REGISTER OF WILLS
Cumberland COUNTY, PENNSYLVANIA
Es te of Ann Du�� LyOn , Deceased
I, 7ames D. LyOn , in my capacity/relationship as
(Print NameJ
X@CUt01' S011 of the above Decedent, hereby renounce the right to
ad inister the Estate of the Decedent and respectfully request that Letters be issued to
CI fford D. Lyon
�C� `� � l
�Dat� rs,g„a�
�10�1 C��ul�.c. ��
(Street Address)
��� �� c�ks � � �twlzo
rcr,,.s>Qie.z;ol
Ez cuted in Register's OJfrce Executed out of Register's Office
Sw rn to or affirmed and subscribed BeFore the undersigned personally appeared the
bef re me this day paRy executing this renunciation and certified
of , that he or she executed the renunciation for the
� purposes stated within on this �`' day
ot' c���-v b-e.� , a.o �3
De uty for Register of Wilis Notary Public
M Commission Expires:
'(P' IA eal of'NOtary or other ofticial qualified to
�'� i Showd i otary'sCommission.)
?:� ....r��� �I����
��' �': NOTARY PUBLIC
'` ' ` " SD1TEOfOH10
' MY COMMISSION EXPIRES
Fo Rw-n6 .e,. �n.ii.o6 s+�;., �;p MARCH 14,2018
qrE OF p�
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