HomeMy WebLinkAbout10-22-13 PETITI4N�OR G12ANT C}F LETTERS
REGISTER OF WILLS OP CUMB.ERLAND____ __ COtJNTY,PENNSYLVANIA
Petitioner(s}named below, who islare 1$years of aga ar alder,apply(ies}far Le#ters as specified below;and in
support thereof aver(s)the following and respact£ully request(s)the grant of Letters in the appropriate fartn:
. 8IIt'S Iaf9i'Q1AtiOn
���e: IaneL.Crosswhite _ ^ FileNo: Zi--_�`�?' !{(�._— _
a/k/a: ___..---- -- _�— _.— (Aasigped by Register)
atkta: - -- - - —
alkla: -- - - __ Socirtl Security No: - —
Date of Deakh: 9/28/13 _ _ _ __ Age at death: ?4 ___ . �.
I}eeedent was domici(ed at dea#h in Cumbeilend _ County, PA __ {Staze)with hislher tast
principal residence at 475 Hoilowbrook Urive _ t7013 Middlesex Townshin ___Cumberland
� Sercef�ddraf,Po�t OINen�nd Zip Codc Ciq,Towm4ip or Bono�A Couny
IUecedent died at A75 Hof(owbrook Brive 11413 _Mi�tlesex Township __ Cumberland PA__,
Street addras,Pwt Ofise aad Zfp Cede Clty,Tewaekip sc Boreurh Cauty State
Estimate of valua nf decedenYs property at death:
IfdomictltdinPtmtaylvapla................................AilpersonelProPqrg' . S /b,���1D.iQ11
fjnm da+rtldtrd in Femisy�tva++te.............................Pcrsona!�xoperty in Psnnsytvenia S -----—
If no[damtcUed in PsnnsyhwnW.............................Personal property in County $ _
Volue of reu!e.ewte tn Prnnsylvan�lu.............................................................. S 0 d47.c'R?
� (p� (,j� � `� TOTAL FSTfMATFD`t��fALUE.... S ��+G d.t.j°��,,,�� �( ,, �j+
RealestateinPonnsylvaniaeinmtedat: '� �v 4iv��(a4�].V���--�C.r-----�t��Lr�.�- r'�-'.�.LKa-i,'�.iK�J
(AttucN addilionpl shee(s,ifnecesrtary.J Sirat addrne,Post OMice nd Zip Cqde City,Tmvoship or Bsroa Coonry
� A. Petition for Prabats and Grant of I.etters TestamsnWrv
Petitionor(s)aveds)he/she/Ney is/arc the Exeaumr(s)named in the last Will ofthe pepedent,dated 1�/.�/42___._... �"` sdipCodicil(s)
theaw Aaced None. _ _ � "' � p __._
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Shte rciev�nt ctrcwmet�eca fGt nwmrfadue.dtaQ ojerawlar.de) W ".�:��.. _�i f1s-�--
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Except as follows:after ihe execution of the instnunent(s)offered for probau Deadent did mt mazry,was not�nv�ed,�was npt,4 pmt��scpending
divorce pra:ading wfwtein the grounds for divorce had bten establis}ud at�fir�ed in 23 Pa C.S.§3323(g},�}��juve a cAi(8 b�t ap
adopted;m�d Decedmnt was naitha the viaim af a kilking nor ever adjudicatcd en ineapeeitazed�wrson. ,.a c. ' -n ^n �
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;ti _,
� NO E%CEPTIONS O ERCEPTIONS —_ � `
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-- --- -- -cs-�:— .. � .-... rn —
ro
0 B. Peti,�ionfarCrantofl.ettersofAdministratian(�fappticsbte}�_ � _T_t.�
c.t.a.,db.n.,d.b.n.c.t.a.,pendente lite,'�ranreabsentta,[dwranremi� n���oritate�
If Adm}nistration:c.Ga.ar db.n.c.Ga.,enter dAte of Will in Sectipn A above and complete liat ot�eirs.
Except as foltows: IXcedent was not a party to a pending divoroe praceeding wharein ihe grounds for divorce had been esMbiished as de6ned
in 23 Pa.C.S.§3313(g)end was naither the viotim of a killing nor ever at�judicazed an incapacitated person.
❑ NO EXCEPTIONS �EXCEPTIQNS _—__ _ _ � �. —
Petitionor(s},after a proper seerch has/have ascartained that Decedrnt left tro Wilt end was semived by the failowing spousc(if eny}and heir{attach
ada'itionalsheets,U'neeessaryJ:
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?deme Retatians6ip _�— Addresa !
' - _. --- -- -..�— � --- ----
-- --- -------- - ---- --- -'----' I
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--- --�- --- -- � �._ --- -��-------------- -`�
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Fa„�xw-oz �v.roar�zarr Page 1 of 2
Oath of Personal Representative o�'°'�'°sa On1y
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF CUMBERLAND )
' Petitioner(s)Printed Name Petitioner(s)Printed Address
F
' 475 Hollowbrook Drive
I L J.Crosswhite __ Cazlisle PA 17013
I
�
The Petitioner(s)above-named swear(s)or affimQs)tlie stetements in the foregoing Petition are vue and correct to the best of the Imowiedge and belief
of Petitiover(s)and that,as Personel Representative(s)of t6e Decedent,the P tioner(s)will well and Iruly administe/r t�he estete according to law.
Sworn to or ed an u c 'bed be� � � -- ����_�� Dete O .y? j
me th' of Date
BY� nate
For the Register ;-�te �
E p r @ S?
".a". ;s �� �
BOND Required: ❑ YES NO To tbe Register oj H7lls: � '�! �,�., "��'"� � `��
rns �.;, r
FEES: ��� Please�h�my appeorance by DayneEqre b `� • c �i..
Letters. . .. .. ..... ... .. .... . .. $ Attom Si nature: + -n �
( � )Short Certificstes(s) ... . .. .�`� � 3 �
( )Renunciation(s) ... . ... . .. � c : � ., c�
� �° =`" s ` ,� ,
. ( )Codicil(s) . .. . .. . ... . ... ,,.� f _' I
'—=y—�7 �
( )Affidavit(s). ... . .. . .... . �° S
Bond Printed Name: Ivo V.Otto III �"
Commission .. . .. .. . .. . ... .... . . Supreme Court ---
O;her . ... .... . ID Number: Z7763
�-'n C �,�. . . Fian Nama Martson Law O�ces ----
.� � { _... . .. . . . � Address: ]0 East High Street -- i
�-- -
" "" "' Cazlisle PA 17013
— — . . ... . .. ' Phone: (717)243-3341 -----
. ... . ... . F�: (717)243-1850
Automation Fee .. ... ... .... .... . Email: iottona,martsonlaw.com
JCS Fee .. .. . .. .. ... ... . ... .... -s���
TOTAL ...... .. ... ... ... . ... .$
DECREE OF THE REGISTER
Estate of Jane L.Crosswhite ___ Fi1e No: 21— (3 - ��
a/k/a: --
AND NOW, !7'�Jr� l..de.dJ1{�� ,�� , in considemtion of the foregoing Petition, :
satisfactory proof having been presented before me,TT IS DECREED that Letters Testamentarv __________
are hereby granted to Larry J.Crosswhite _______
_ in the above estete and(if applicable)that
the inshvment(s)dated October 2,2002 _
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
egister of Wills� �" � A
!•brm RW-01 rev.!0/1U20/7 ���, `�
SgC 2
_ __ _ _ _ . ._ _ __
ns en<y5v ra/��.��
� P:VIIESDATAP�ENV+ePUeio(�]9114w.wil1 . '
LAST WILL AND TESTAMENT
I,JANE L.CROSSWHITE,ofMiddlesex Township,Cumberland County,Pennsylvania,
being of sound and disposing mind and memory,do hereby make,publish and declare this to be my
Last Will and Testament,hereby revoking any and all former Wills or Codicils by me made.
TTEM ONE
I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and
all inheritance taxes shall be paid to the extent possible from the assets held or passing under TfEM
FIVE hereof as soon as practicable after my decease and as part of the administration of my estate.
ITEM TWO
In the event my spouse shali predecease or fail to survive me by thirty(30)days,then I give
such items of personalty as aze itemized in a certain list attached hereto to the persons named
thereon,which list is signed and dated by me at the end thereof.
TTEM THREE
If my spouse, LARRY J. CROSSWHITE, is living thirty(30) days after my death, then I
give, devise and bequeath all of my estate, both real and personal pmperty, unto my said spouse,
absolutely. If my said spouse does not so survive me,then I give, devise and bequeath a11 the rest,
residue and remainder of my estate,both real and personal pmperty,unto my Trustee to be held or
distributed by such Trustee under TTEM FIVE hereof.
TfEM FOUR
In the event my said spouse shall disclaim all or any portion of any devise or bequest made
to my spouse under the foregoing TfEM THREE,then the amount otherwise payable shail be held
by my Trustee under TTEM FNE hereo£ For purposes of the Trust estab�dhed undeE�TE��JE
c� n
hereof, my said spouse shall not be deemed to have predeceased me by v 4uehof my'sa�i,d s�u°se's
. , �.�
exercise of the right to disclaim set forth herein. � == ' �v ;; �:s
=r �t : c �>
TTEM FNE �� �- . ,. -�, n _.,
L7 �. ' �
�� Y�
RESIDUARY AND DISCLAIT�R TRUST u c: -= e>
-._ � - rn
My Trustee shall hold the assets received under TTEMS THREE�tid FOUR h�teoN,if°any,
for the following pucposes:
C
��ais�
Page 1 of 7 Pages
A. My Trustee shall pay the net income,at least quarter-annually,to my spouse,LARRY
J. CROSSWHITE, for life. In addition,my Trustee in my Trustee's sole discrerion,may invade the
principal of the Trust for the pmper and adequate support of my said spouse.
B. My Trustee shali further pay to my said spouse,annually,such sum from the principal
of the Trust as my said spouse may request in writing, provided, however, that said sum may not
exceed the greater ofFive Thousand Dollars($5,000.00)or five percent(5%)of the aggregate value,
at the time of said request, of the principal of the Trust hereunder.
C. Upon the death of my said spouse, or upon my death if my spouse shall not survive
me by thirty(30)days,my Trustee shall distribute the principal of the Trust to my sons,MICHAEL
L.CROSSWHITE,DAVID A.CROSSWHTTE,and DOUGLAS B.CROSSVVHITE,in equal shares,
absolutely.
D. In the event that any of my said children shall fail to survive my spouse and me,but
shall leave issue surviving,then such deceased child's shaze shall be held by the surviving pazent of
the issue of such deceased child,in trust,and the net income therefrom shall be used for the support,
maintenance and educarion of the issue of such deceased child. The Trustee shall use as much of
the principal as the Trustee shall deem desirable for said purposes. The Trustee shall distribute
absolutely the principal of such share of such deceased child to the issue of such deceased child per
stirpes as each shall attain the age of twenty-five (25) years. In the event that any of my children
shall fail to survive my spouse and me and not leave issue surviving,then such deceased child's shaze
shall be added to the shares of my other children as if originally a part thereof.
ITEM IX
POWERS OF EXECUTOR AND TRUSTEE
In addition to the powers conferred by case law,by statute, and by other pmvisions hereof,
my Executor and Trustee and their successors, shall have the following discretionary powers
applicable to all property held by them which powers shall be effective without order of any court
and shall exist until final distriburion.
Initials]
Page 2 of 7 Pages
A. To retain any pmperty of any nature received by them for whatever period they shall
deem advisable;
B. To invest and reinvest all or any part of said property in such stocks,bonds,common
trust funds, securiries,accounts,certificates ofdeposit,(including,but not limited to,stocks,bonds,
common t�vst funds,securities,accounts or certificates of deposit of the Trustee)or other property,
real or personal, as in their discrerion they shall deem proper,without regazd to statutes limiting the
property which a fiduciary may purchase;
C. To sell,transfer,exchange or otherwise dispose of,any part of said pmperty,for cash
or on terms,publicly or privately,or to lease,even for a term exceeding five(5)years or 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 instnunents as may
be necessary to cazry out the provisions of any hust hercunder;
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 of the status of anybeneficiarywith 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;
G. To pay from the trust,or the income therefrom,all debts or claims against my estate,
or any taaces or similaz chazges 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 mazket value of the property
distributed,and my Trustee,in my Trustee's absolute discretion,may cause the share distributed to
any distributee to be composed of property similaz to or different&om that distributed to any other
distributee;
'rials]
Page 3 of 7 Pages
I. To exercise any subscription right in connection with any security held hereunder,to
consent to or participate in any recapitalization, reorganization, consolidarion or merger of any
corporation, company or association, the securities of which may be held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generaily to exercise all rights of investors;
J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of any irust 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 conrinue for whatever period of time as they 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 from the
estate or from any hvst created hereunder, at the mazket value thereof at the time of purchase, any
securities or other pmperty 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 aze payable hereunder or under any trust created
hereunder to a minor,or to a person otherwise under legal disability,or 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 the fiduciary(ies)hereunder,unable to properly administer such amounts,such amounts
may 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 guazdian of such beneficiary for the benefit of such
beneficiary;
'rials]
Page 4 of 7 Pages
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 benefit of
such beneficiary.
Evidence of the appiicarion of payment of an amount in such a manner shall be a full and complete
dischazge ofthe fiduciary(ies)hereunder to the extent of such payment or application.This puagaph
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 for
such services as may be rendered by such agents, attorneys and proxies;
Q. To conduct an inventory of any safe deposit box necessary to the administration of
my estate.
R. To do ali other acts in their judgment necessary or desirable for the pmper
management, investment and distribution of my Estate.
TTEM SEVEN
PROTECTIVE PROVISIONS
All income or principal held for the use and benefit ofthe beneficiaries of any trust hereunder
shall not be in any way or manner subject to anricipation, 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 or torts of any beneficiary, or to attachments, executions or
sequestrations under process of law.
TTEM EIGHT
APPOINTMENT OF EXECUTOR AND TRUSTEE
I nominate,constitute and appoint my spouse,LARRY J.CROSS WHITE,as Executor ofmy
estate.In the event that my said spouse sha11 predecease me or fail to act as Executor,then I appoint,
my sons, MICHAEL L. CROSSWHITE, DAVID A. CROSSWHITE, and DOUGLAS B.
CROSSWHITE, or the survivor(s) of them, as Executors of my estate.
Initials]
Page 5 of 7 Pages
I nominate,consritute and appoint my spouse,LARRY J.CROSS WHTTE,as Trustee of any
trust created hereunder with the exception of any trust created under TTEM FIVE, D, with respect
to which the surviving parent shall act. In the event that my said spouse or such surviving pazent
shall fail or be unwilling to continue to act as Trustee, then I appoint my sons, MICHAEL L.
CROSSWHITE,DAVID A.CROSSWHITE,andDOUGLAS B.CROSSWHITE orthe survivor(s)
of them, as Trustees.
TfEM NINE
WAIVER OF BOND
I direct that neither my Executor nor my Trustees or their successors shall be required to file
any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they 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 o2nQ- day of
��Uv ,o1Go� ,
S AL)
ne L. Cmsswhite
SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testatrix,as and
for her Last Will and Testament,in the presence of us,who at her request,have hereunto subscribed
our names as witnesses thereto, in the presence of the said Testahix and of each other.
_�\�� /�2. �,- b
Page 6 of 7 Pages
COMMONWEALTH OF PENNSYLV.A1vIA )
: SS.
COiTNTY OF CUMBERLAND )
We, �Vv 1/. ��rj7l� ,and �jC'{aria.. �� l�'� ,theTestatrix
and the witness,respectively,whose names aze signed to the foregoing instnunent,being first duly
swom, do hereby declare to the undersigned authoriry that the Testatrix signed and executed the
instrument as her last Will and that the Testatrix has signed willingly,and that the Testahix executed
it as her free and voluntary act for the purposes therein expressed,and that each 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
Irnowledge the Testatrix was at that time eighteen years of age or older,of sound mind and under no
constraint or undue influence.
L. Crossw ite,Testatrix
Witne
!G /a-t.L�
Witness
Subscribed, swom to and acknowledged before me by JANE L. CROSSWHITE, the
Testatrix,and subscribed and swom to before me by �vo (�� �o� and
VI��r'�.c- ,L- ��'7c , the witnesses, thisc�''�day of Q�-���� ,aou� .
�y���
Public
NOTARIALSEAL
CORRINE L.MYERS. Rblc
Carliale Boro,Cunlar�
Commbsion E' ' 27,2
Page 7 of 7 Pages