Loading...
HomeMy WebLinkAbout11-05-13 � � ;� � _ ::� � �'. G'� p �a � � r"""' c "'""� m � rn � � rn � � � � PETITIUN FOR GRANT OF LETTERS � "' � o � REGISTER OF WILLS OF CUMBERLAND � � �'' � � �"' COUNTY, PENNS��1'�i�A �,� ;t.� • �p N P"�"' t'ry • � � Petitioner(s)named below,who is/are 18 years of age or older,apply(ies)for Letters as specif�l below,a�in �'�' -,� support thereof aver(s)the followmg and respectfully request(s)the grant of Letters in the appropr�ate form: Decedent's Information Name: Robert A.Brown ' • 3� � `7� File No. 21 � a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: D�te of Death: 10/22/13 Age at death: 83 __ Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 410 Chestnut Drive 17007 South Middleton Twp Cummberland Street address,Poat Ottice and Zip Code City,To�vnship or Borou�6 Couaty Decedent died at Carlisle Re�ional Med Center 17013 South Middleton Twp Cumberland PA Street addras,Post Otfice and Zip Code City,Towas6ip or Borough County State Estimate of value of decedent's property at death: Ijdomtclled In Pennsylvanla................................All personal proPe�h' � �U� ��� Ifnot den�ictkd ln Pennsylvanla.............................Personai property in Pennsylvania $ If not domteikd la Pennsylvanla.............................Personal property in County $ Valueojr�a!estate ln Pennsylvanla.............................................................. $ TOTAL ESTIMATED VALUE.... s 3ao_ D���4� Real estate in Pennsylvania situated at: (Atlach additiona/sheets,if necessary.) Street address,Post OfMice and Zip Code City,Township or Borough Couaty � A. Petit�on for Probate and Grant of Letters Testamentar,�► Petitione�(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 12/19/07 and Codicil(s) thereto dated None r�� � ..._.. State relevant circumstanca(�g,rrnunciatlon,death ojex�cutor�etc.) � � � � � Exce t as follows:after the execution of the instrument s offered for robate Decedent did not m � �a � p () p arry,was not divo ,�a.sq�q�t a p�t to aqqnc�pg divorce proceeding wherein the grounds for divorce had been estabtished as defined in 23 Pa C.S.§3323(g),and� a a child born "� adopted;and Decedent was nerther the victim of a killing nor ever adjudicated an incapacitated person. �'► � � Ct1 � � � NO EXCEPTIONS I�EXCEPTIONS � ' '� c� 4 c� c:� ,.� � ..� 0 B. Petjtion for Grant of Letters of Administration(tf app�icabte) � � � ""' c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,d�ynt�bbsentia,duranle itio�lAzte �"' h� C1a O If Administration,c.�a or db.n.c.�a,enter date of Will in Section A above and comutete list of hei� "�t Except as follows: Decedent was not a party to a pending divorce proceeding wherein the 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. O NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a pmper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heir�attach additional sheets,if neeessary): Name Relationship Address i — Form RW-0? rev.IOi11�70l1 Page 1 of 2 Oath of Personal Representative � ot���a����o��y ' �;p� I .:a COMMONWEALTH OF PENNSYLVANIA } j " �',, � } SS: �� �;: COUNTY OF CUMBERLAND � � � � � o � Petitioner(s)Printed Name Petitioner(s)Printed Addre�p � � � ,p 410 Chestnut Drive � �"' Norma J.Brown Boilin S rin s !r"' � � p 1'7� '� �= �` �c 0 � � n �] � '�'t `�'1 µr; 4� � „� : �7 f'U �-� � �' � � � The Petitioner(s)above-named swear(s)or at�irm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and bciief of Petitioner(s)and that,as Persona!Representative(s)of the Decedent,the Petitioner(s)will weil and truly administer the estate according to law. Sworn to umed and s scribe before _;`��f�'� �ate �o� /�' me this of —�� Date BY� . Date F Reg�sttr Date BOND Required: ❑ YES -0 NO To the Register of Wllls: FEES: Ple�se enter my appearance by my signature below: .D Lette ....................... $ ��� Attorney Signature: ( �Short Certificates(s) ...... a ( )Renunciation(s).......... �� t )Codicit(s) .............. ( )Affidavit(s)............. / D\� y �e � Bond ......................... Printed Name: .,� �1 Commission .................... Supreme Court Other ......... ID Number: 27763 ''''''''' ��p Firm Name: Martson Law Offices � ''''''''' 10 East High Street ......... ,Ob Address: """"' Carlisle PA 17013 ••••••••• Phone: (717)243-3341 ......... •Od F�: �717)243-1850 Automation Fee ................. •�O Email: iotto�nartsonlaw.com JCS Fee ....................... TOTAL......................� IJ DECREE OF THE REGISTER Estate of Robert A.Brown File No: 21 ✓��� � �� a/k/a: AND NOW, � , ���,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Norma J.Brown in the above estate and(if applicable)that the instrument(s}dated 12/19/2007 described in the Petition be admitted to probate and filed of record as the last Will(and odicil(s))of Deced t. Register of Wills /� Form RW-02 rev.l0/1!/2011 P ___ __ _ , _: _ . , ___. _ . __ _ � . � ,, , , � F:�FILES\Clients\12039 Brown\12039.2.6.will J 1 f � r � � �. , � '`r�.� r � � � �, � , W r� �..-� � � LAST WILL AND TESTAMENT m �, c� � --�a '� � A. r r�� r � rn c.n �+ '� � U'- � - ° �' � I, ROBERT A. BROWN, of South Middleton Township,°C��erl� �iu�ty, � .�.� � Pennsylvania,being of sound and disposing mind and memory,do hereby rr�ak,e�',,�publis�i'and�c�re � � � this to be my Last Will and Testament,hereby revoking any and all former�Wills or C�'�icils made by me. ITEM 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 ITEM SIX hereof as soon as practicable after my decease and as part of the administration of my estate. ITEM TWO In the event my wife shall predecease or fail to survive me by thirty(30) days, then I give such items of personalty as are itemized in a certain list attached hereto to the persons named thereon,which list is signed and dated by me at the end thereof. ITEM THREE I bequeath any automobiles or motor vehicles I may own at my death,my personal effects, such household goods if any as may be my individual property and not the property of my wife or owned jointly by me with my wife,and other tangible personal property of like nature(not including cash or securities),together with any existing insurance thereon,to my wife,NORMA J. BROWN, providing she survives me by thirty(30)days. Should my wife predecease me or die on or before the thirtieth day following my death, I bequeath such tangible personal property and insurance thereon to such of my children as are living,on the.thirty-first day after my death, to be divided . between or among them with due regard for their personal preferences in as nearly equal shares as practical and as they shall mutually agree. I direct that any of the foregoing articles not selected by such children or about which there is no agreement shall be sold at public or private sale by my � personal representative(s),and i further direct that the net proceeds thereof shall be administered and distributed as a part of the residue of my estate. ITEM FOUR If my wife,NORMA J.BROWN,is living thirty(30)days after my death,then I give,devise [Initials] Page 1 of 8 Pages � , < < . � , , � . . � , and bequeath all of my estate,both real and personal property,unto my said wife,absolutely. If my said wife does not so survive me,then I give,devise and bequeath all the rest,residue and remainder of my estate, both real and personal property, unto my Trustee to be held or distributed by such Trustee under ITEM SIX hereof. ITEM FNE In the event my said wife shall disclaim all or any portion of any devise or bequest made to my wife under the foregoing ITEM FOUR,then the amount otherwise payable shall be held by my Trustee under ITEM SIX hereof. For purposes of the Trust established under ITEM SIX hereof,my said wife shall not be deemed to have predeceased me by virtue of my said wife's exercise of the right to disclaim set forth herein. ITEM SIX RESIDUARY AND DISCLAIlVIER TRUST My Trustee shall hold the assets received under ITEMS FOUR and FIVE hereof,if any, for the following purposes: . A. My Trustee shall pay the net income,at least quarter-annually,to my wife,NORMA J. BROWN, for life. In addition, my Trustee, in my Trustee's sole discretion, may invade the principal of the Trust for the proper and adequate support of my said wife. B. In addition to the above provisions,my said wife shall have the power to direct my Trustee to pay to her or to apply out of the principal of this Trust in each year, including the yeax of my death,an amount not in excess of the greater of Five Thousand($5,000.00)Dollars or five(5%) percent of the then aggregate value of the principal of this Trust. This power shall be noncumulative and may be exercised only by an instrument�n writi�g signed by her and delivered to my Trustee within the first thirty(30)days of fiscal year of this Trust. C. Upon the death of my said wife, or upon my death if my wife shall not survive me by thirty(30) days, my Trustee shall distribute the principal of the Trust to my children, CARLA D. STUTENROTH,TODD A.BROWN, SCOTT E. BROWN and DAVID A. BROWN, in equal shares, absolutely. D. In the event that any of my said children shall fail to survive my wife and me, but [Initials] Page 2 of 8 Pages , shall leave issue surviving,then such deceased child's share shall be held by my Trustee and the net income therefrom shall be u5ed for the support, maintenance and education of the issue of such deceased child. My Trustee shall use as much of the principal as it shall deem desirable for said purposes. My Trustee shall distribute absolutely the principal of such share of such deceased child to the issue of such deceased child per stirpes as each�hall attain the age of twenty-five(25)years. In the event that any of my children shall fail to survive my wife and me and not leave issue surviving, then such deceased child's share shall be added to the shares of my other children as if originally a part thereof. ITEM SEVEN POWERS OF EXECUTRIX AND TRUSTEE In addition to the powers conferred by case law,by statute, and by other provisions hereof, my Executrix 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 distribution. A. To retain any property 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,securities,accounts,certificates of deposit(including,but not limited to, stocks,bonds, common trust funds,securities,accounts or certificates of deposit of the Trustee)or other property, real or personal,as in their discretion they shall deem proper,without regard to statutes limiting the property which a fiduciary may purchase; C. To sell,transfer,exchange or o��erwise dispose of,any part of said property,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 instruments as may be necessary to carry out the provisions of any trust hereunder; Initials] Page 3 of 8 Pages r � I � � � • � . .� COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) � We,Robert A.Brown,Ivo V.Otto III,and �r��- `�- ���'�� ,the Testator and the witnesses,respectively,whose names are signed to the foregoing instrument,being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his last Will and that the Testator has signed willingly,and that the Testator 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 a witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older,of sound mind and under no constraint or undue influence. � Rob A. �r wn, Testator Witness ` ��'�6� � , Wi es Subscribed, sworn to and acknowledged before me by Robert A. Brown the Testator, and subscribed and sworn to before e by Ivo V.Q�tto III and �,��- `� ��,oi�o� ,the witnesses,this l"-�t day of �,2��7, . � . , � _. Notary Public � COMMONWEALTH OF PENI�ISYLC�ANIA NOTARIAL SEAL Victoria L.Ottv>�fotary public Carlisle Boroug�i,Cumberland County M commi�sion cx ires pecember 20,2010 � Page 8 of 8 Pages