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HomeMy WebLinkAbout10-21-13 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information l l Name: Duryea Cameron File No: (2!r , /9 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: October 11,2013 Age at death: 89 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 1952 High Street,Camp Hill,PA 17011 Camp Hill Borough Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Holy Spirit Hosp..503 N.21st St.,Camp Hill PA 17011 East Pennsboro Township Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ 900,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ 000 If not domiciled in Pennsylvania. ....................... Personal property in County $ 0.00 Value of real estate in Pennsylvania...,......................... ................... ........ $ TOTAL ESTIMATED VALUE. ... $ 90M00.00 Real estate in Pennsylvania situated at: n/a (Attach additional sheets,ifnecessary) Street address,Post Office and Zip Code City,Township or Borough County A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated October 24,2012 and Codicil(s) thereto dated n/a State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,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 did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 0 EXCEPTIONS ® B. Petition for Grant of Letters of Administration (Ifapplicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. 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. - 0 NO EXCEPTIONS 0 EXCEPTIONS n cwt Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any),,and heirsn(at ch additional sheets,ifnecessary): n f� tv ;•.,� n Name Relationship Address.,-• c : Q Form RW-02 rev.10/11/2011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address JAMES D.CAMERON 1325 North Front Street Harrisburg,PA 17102 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Pe't' e and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Deceede 7dPetitl' er(s)wt 1 I and truly administer the estate according to law. Sworn to rmed a ub r bed e ./ Date /C9- me thi d y o / v Date By. Date :e Date BOND Required: 0 YES (E) NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature: C) �_ , 7 tM c( � )Short Certificate(s). . . . . . w © rJ � ( )Renunciation(s).. . . . . . . . CZ ( )Codicil(s). . . . . . . . . . . . . M _ C7 _ { ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . .. . . . . . . . . . . . . . . . . Printed Name: L CS �. Commission. . . . . . . . . . . . . . . . Supreme Court Other ` . . . . . . ID Number: r,\). . . . . . Firm Name: q Address: M . . . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ 0 i DECREE OF THE REGISTER / Estate of Duryea Cameron File No: a/k/a: AND NOW, tC) UG ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to James D.Cameron in the above estate and (if applicable)that the instrument(s)dated October 24,2012 described in the Petition be admitted to probate and filed of re as the last Will and Codicil(s) O.Pecedent. Re ister of Wills Form RW-02 rev.1011112011 Page 2 of 2 LAST.WILL AND TESTAMENT OF ms=s DURYEA CAMERON c� a Mv.,: c a � y r-- - IT, I. DURYEA CAMERON, presently residing and domiciled in the Rorough o#,; Camp Hill, Cumberland County, Pennsylvania, hereby declare this to be my Lase Will, and Testament, and I hereby revoke any and all prior wills and codiclspreviotisl-y made by me. ITEM I: Tangible Personal Property A. All my personal effects, clothing, furniture, furnishings,jewelry, automobiles, other tangible personal property of every kind, and insurance thereon, I give to my wife, PATRICIA B. CAMERON, if she survives me. B. If my wife, Patricia, shall not survive me, then I give the same in accordance with a Memorandum which accompanies this my Last Will and Testament. C. If any such Memorandum fails to dispose of my personal property, or if no such Memorandum exists at the time of my death, then I give my tangible personal property to..my then-living issue,per stirpes, to be divided among them as they may agree, or, if they are unable to agree, as my Executor, in his sole and absolute discretion, may decide. D. Notwithstanding any statutory provision to the contrary, I specifically intend that each beneficiary under this Item I shall be responsible for any packing, shipping, or other moving costs incurred with regard to any item of tangible personal property which he or she receives. ITEM II: Specific Bequests If my wife, Patricia B. Cameron, survives me for a period of thirty (30) days, then I make the following specific bequests: A. I hereby give and bequeath the sum of Fifty Thousand Dollars ($50,000.00) to my daughter, ANNE D. CAMERON, if she survives me for a period of thirty (3 0) days. If my daughter, Anne, shall not so survive me, then I direct that this gift shall lapse and shall be added to the residue of my estate. B. I hereby give and bequeath the sum of Fifty Thousand Dollars ($50,000.00)to my son, ALEXANDER D. CAMERON, if he survives me for a period of thirty (30) days. If my son, Alexander, shall not so survive me, then I direct that this gift shall lapse and shall be added to the residue of my estate. C. I hereby give and bequeath the sum of Fifty Thousand Dollars ($50,000.00)to my son, JAMES D. CAMERON, if he survives me for a period of thirty (30) days. If my son, James; shall not so survive me, then I direct that this gift shall lapse and shall be added to the residue of my estate. D. I hereby give and bequeath the sum of Fifty Thousand Dollars ($50,000.00)to my son, WILLIAM D. CAMERON, if he survives me for a period of thirty(30) days. If my son, William, shall not so,survive me, then I direct that this gift shall lapse and shall be added to the residue of my estate. E. I hereby give and bequeath the sum of Ten Thousand Dollars ($10,000.00)to my grandson, MATTHEW B. MULLENDER, if he survives me for a period of thirty (30) days. If my grandson, Matthew, shall not so survive me, then I direct that this gift shall lapse and shall be added to the residue of my estate. F. I hereby give and bequeath the sum of Ten Thousand Dollars ($10,000.00)to my granddaughter., CLAIRE C. MULLENDER, if she survives me for a period of thirty (30) days. If my granddaughter, Claire, shall not so survive me, then I direct that this gift shall lapse and shall be added to the residue of my estate. G. I hereby give and bequeath the sum of Ten Thousand Dollars ($10,000.00)to my grandson, ALEXANDER D. CAMERON, JR., if he survives me for a period of thirty (30) days. If my grandson, Alexander, shall not so survive me, then I direct that this gift shall lapse and shall be added to the residue of my estate. H. I hereby give and bequeath the sum of Ten Thousand Dollars ($10,000.00)to my grandson, HUNTER D. CAMERON, if he survives me for a period of thirty (30) days. If my grandson, Hunter, shall not so survive me, then I direct that this gift shall lapse and shall be added to the residue of my estate. I. I hereby give and bequeath the sum of Ten Thousand Dollars ($10,000.00)to my grandson, WILLIAM W.D. CAMERON, if he survives me for a period of thirty (30) days. If my grandson, William, shall not so survive me, then I direct that this gift shall lapse and shall be added to the residue of my estate. J. I hereby give and bequeath the sum of Ten Thousand Dollars ($10,000.00) to my granddaughter, MARY E.D. CAMERON, if she survives me for a period of thirty (30) days. If my granddaughter, Mary, shall not so survive me, then I direct that this gift shall lapse and shall be added to the residue of my estate. 2 1 S . K. I hereby give and bequeath the sum of Ten Thousand Dollars ($10,000.00)to my grandson, ANDREW G.D. CAMERON, if he survives me for a period of thirty (30) days. If my grandson, Andrew, shall not so survive me, then I direct that this gift shall lapse and shall be added to the residue of my estate. ITEM III: Credit Shelter Trust For Wife A. If my wife, Patricia B. Cameron, survives me, then I give to my son, JAMES D. CAMERON, as Trustee, in addition to all assets received directly by Trustee that are excludable from my gross taxable estate for federal estate tax purposes, assets of a total value equal to the largest amount, if any, that can pass free of federal estate tax by reason of the exemption equivalent and any other credits available for federal estate purposes except: 1. The state death tax deduction under section 2058, to the extent that the use thereof would require an increase in the amount of state death taxes paid; and 2. The credit for tax on prior transfers, to the extent that this credit arises from transfers to me from individuals who die after me. B. Such latter amount shall be reduced by the value for federal estate tax purposes of any gifts which do not qualify for the marital or charitable deduction made by me under this Will or otherwise, and further reduced by an amount equal to the sum of all charges to principal, except death taxes, that are not deducted in computing my federal estate tax. C. Trustee shall hold these assets, in trust. This trust shall be referred to hereinafter as the "credit shelter trust". D. I recognize that, depending upon the amount of other bequests, the amount of my non-testamentary dispositions, the amount of state death taxes, and other factors, this trust may be non-existent, or may consume all estate assets, so that no assets remain to pass outright;pursuant to the residuary gift. E. The assets of the credit shelter trust shall be held and distributed upon the following terms: 1. During the lifetime of my wife, Patricia B. Cameron, Trustee shall pay and distribute to her, or for her benefit, the entire net income therefrom, which payments shall be made to her periodically, but not less frequently than quarterly. In addition, Trustee shall from time to time pay to my wife, or shall apply directly for her benefit, as much of the principal of this credit shelter trust as Trustee may 3 consider desirable for her health, maintenance, and support, after considering all resources available to her. At any time, Trustee may make distributions from the principal of the credit shelter trust for the benefit of my issue, for the aforesaid reasons or for educational purposes, including college, graduate level, or professional education, after considering .all resources available to them. 2. My wife shall have the right to withdraw annually the greater of$5,000.00 or five percent(5%) of the principal of this credit shelter trust valued at the end of the calendar year in which the withdrawal is made. The right of withdrawal shall be exercised only in writing and delivered to Trustee in the lifetime of my wife, and the right of withdrawal shall be non-cumulative. 3. Upon the death of my wife, Patricia, or at my death if she predeceases me, Trustee shall distribute the then-remaining principal of this trust, together with any and all accumulated income thereon, as follows: a. Twenty-five percent(25%) to my daughter, ANNE D. CAMERON,per stirpes; b. Twenty=five percent (25%)to my son, ALEXANDER D. CAMERON,per stirpes; c. Twenty-five percent(25%)to my son, JAMES D. CAMERON,per stirpes; and d. Twenty-five percent (25%) to my son, WILLIAM D. CAMERON,per stirpes. Should any child of mine predecease me leaving no issue, then, following the death of my surviving spouse, the share that would have passed to my predeceased child (or his or her issue) shall instead pass to and among such person or persons (natural or otherwise), and upon such terms and conditions as my said child; by his or her will containing a specific reference to this power, may direct and appoint. Such payment and distribution shall be free and clear of the terms and provisions of this trust, and this power of appointment may be exercised by such child of mine, alone and in all events, in favor of his or her estate, or otherwise, as my child, by his or her will, containing a specific reference to this power, may direct and appoint. Should any of the foregoing shares fail for want of a beneficiary and the absence of the exercise of the foregoing general power of appointment, then the said share shall be divided,per stirpes, among those of my issue who shall have survived my late spouse. 4 ITEM IV: Residue All the rest, residue, and remainder of my estate I give, devise, and bequeath unto my wife, PATRICIA B. CAMERON, if she survives me for a period of thirty(30) days. If my wife, Patricia, shall not so survive me, then I give, devise, and bequeath the rest, residue, and remainder of my estate as follows: a. Twenty-five percent (25%)to my daughter, ANNE D. CAMERON,per stirpes; b. Twenty-five percent(25%) to my son, ALEXANDER D. CAMERON,per stirpes; c. Twenty-five percent(25%)to my son, JAMES D. CAMERON,per stirpes; and d. Twenty=five percent(25%)to my son, WILLIAM D. CAMERON,per stirpes. Should any child of mine predecease me leaving no issue, then, following the death of my surviving spouse,the share that would have passed to my predeceased child (or his or her issue) shall instead pass to and among such person or persons (natural or otherwise), and upon such terms and conditions as my said child, by his or her will containing a specific reference to this power, may direct and appoint. Such payment and distribution shall be free and clear of the terms and provisions of this trust, and this power of appointment may be exercised by such child of mine, alone and in all events, in favor of his or her estate, or otherwise, as my child, by his or her will, containing a specific reference to this power, may direct and appoint. Should any of the foregoing shares fail for want of a beneficiary and the absence -of the exercis&of the foregoing.general power of appointment, then'the said share shall be divided,per stirpes, among those of my issue who shall have survived my late spouse. ITEM V: If my wife and I should die under circumstances which render the order of our deaths uncertain, for the purposes of Item III, above, it shall be presumed that I survived my wife. ITEM VI: With the exception of those specific bequests stated in Item II, above, if any income or principal shall be payable to any person who has not attained the age of twenty-five (25) years at the time of my death, or who, in the discretion of my Executor, shall be incapacitated for any reason, then I direct that his or her share shall be paid, 5 instead, to JAMES D. CAMERON, as Trustee, to be held in trust, nevertheless, for the benefit of any such person. Trustee shall be entitled to apply any such principal and income for the health, maintenance;support, and education of any such person, without the appointment of a guardian and without any authority of court. Trustee may directly apply any such principal and income, or Trustee may pay income and principal to the parent or other person in charge of any such person, or to a guardian, or to a custodian under the Pennsylvania Uniform Transfers to Minors Act. Trustee shall distribute the remaining principal, and any accrued or undistributed income,-to the said beneficiary upon the attainment by him or her of the.age of twenty- five (25) years, or upon the termination of incapacity, outright and free of all trust. If any such beneficiary dies prior to attaining the age of twenty-five (25) years, Trustee shall pay his or her share to his or her surviving siblings, or, if no surviving siblings,to his or her issue,per stirpes, upon the terms and conditions contained herein. ITEM VII: Any and all trusts created hereunder shall be considered to be spendthrift trusts. No interest in income or principal of any trust created hereunder shall be assignable by a beneficiary (voluntary alienation) or available to anyone having a claim against a beneficiary (involuntary alienation) before actual payment to a beneficiary. ITEM VIII: My Executor and my Trustee, including any successor trustees, shall have the following powers, in addition to those given by law, to be exercised by them in their absolute discretion, which powers shall be applicable to all property held by them, effective without the order of any court and until the actual distribution of all such property: 1. To retain any investments at their discretion, including stock of any corporate fiduciary or of a holding company controlling it; 2. To invest and reinvest at their discretion without restriction to so-called"legal investments"with the specific right to invest in common and preferred stocks, and in such common trust, diversified, money market, and mutual funds as they may deem appropriate; 3. To sell, to grant options for the sale of, or to otherwise convert any real or personal property or interest therein, at public or private sale, for such prices, at such time, in such manner, and upon such terms as they may think proper, and to execute and deliver good and sufficient conveyances, assignments, and transfers thereof without liability of any purchaser to see to the application of the purchase money; 6 4. To borrow money and secure its repayment by mortgage of real or personal property,pledge of investments, or otherwise, without liability on the part of the lenders to see to the application thereof; 5. To compromise claims by or against my estate or any trust created thereunder; 6. To make distributions in cash or kind, or partly in each; 7. To register investments in the name of a nominee or to hold the same unregistered in such.form that they will pass by delivery; S. To join in any recapitalization, merger, reorganization, or voting trust plan affecting investments; to deposit securities under agreement; to subscribe for stock and bond privileges; and generally to exercise all rights of security holders; 9. To manage, operate, repair, alter, or improve real estate or other property, and to lease real estate and other property upon such terms and for such period as my Executor and/or Trustee shall deem advisable, even for more than five (5) years and beyond the duration of any trust; 10. To deduct administration expenses upon either the federal estate tax return or fiduciary income tax return, with or without adjustment between principal and income; 11. To join with my wife and file any income tax or gift tax returns that may be due on my behalf, and to pay so much of such taxes as my fiduciaries shall deem appropriate, and to consent to any gifts made by my wife as having been made one-half (1/2) by me; 12. To associate with them in the absence of a corporate fiduciary, an accountant, custodian, or investment advisor, and other agents, and to compensate them out of principal or income or both, as my Executor and,my Trustee shall determine, such conipensation'to be a reduction to the compensation of my Executor or my Trustee; and 13. To do all other acts and things necessary or appropriate in the management, administration, and distribution of my estate. ITEM IX: All estate, inheritance, and other death taxes, together with interest and penalties thereon, with respect to any interest passing under this my Last Will and Testament, any codicil thereto, or any non-probate asset, shall be paid out of the principal of my residuary estate without apportionment. 7 ITEM X: I appoint my son, JAMES D. CAMERON, as Executor of this my Last Will and Testament. I direct that my Executor shall not be required to furnish security in any jurisdiction. If my son, James, is unwilling or unable to serve, then I appoint my son, WILLIAM D. CAMERON, as my Executor, to serve without bond. ITEM XI: I appoint my son, JAMES D. CAMERON, as Trustee of any trusts created under Item III or Item VI of this my Last Will and Testament, to serve without bond. If my.son, James, is unwilling or unable to serve, then I appoint my son, WILLIAM D. CAMERON, as my Trustee, to serve without bond. IN WITNESS WHEREOF, I have hereunto so my hand and seal, this 24th day of October, 2012. (SEAL) URY A CAMERON WITNESSETH: The foregoing instrument was, on the date stated above, signed, published, and declared by DURYEA CAMERON, the Testator named therein, as and for his Last Will and Testament, in the presence of us, who at his request, in his presence and in the presence of one another, have subscribed our names as witnesses thereto. Witness Wi ess /95-q 13 z.�- Address Address Address Address 8 ACKNOWLEDGEMENT Commonwealth of Pennsylvania ss. County of Cumberland AND NOW, this 24th day of October, 2012, I, the Testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed the instrument as my Last Will and Testament, that I signed it willingly and as my free and voluntary act for t urposes expressed therein. A CAMERON Sworn to, subscribed, and acknowledged before me by DURYEA CAMERON, the Testator, known to me, this 24th day of October, 2012. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shana R.Geyer,Notary Public City of Harrisburg,Dauphin County My`Zommission Expires July 20,2014 Meinber,Pennsvlvania Association of Notaries AFFIDAVIT Commonwealth of Pennsylvania ss. County of Cumberland AND NOW, this 24" day of October, 2012, we, JAMES D. CAMERON and PATRICIA B. CAMERON, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his Last Will and Testament; that he signed-it willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as a witness; and that, to the best of our knowledge,the Testator was at that time at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence. Witness Wi ne s Sword to and subscribed before me by JAMES D. CAMERON and PATRICIA B. CAMERON; the witnesses, known to me, this 24th day of October, 2012. �XVW'61R Z'- � Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal S,hana R.Geyer,Notary Public City of Harrisburg,Dauphin County My,Commission Expires July 20,2014 Member.Pennsylvania Association of Notaries