Loading...
HomeMy WebLinkAbout12-04-13 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF 0 J )M b,2dQ n d 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 Name: Robert R.Howie File No: �� — 13 — 1273 a/k/a: (Assigned by Register) ro t a/k/a: Qe a/k/a: Social Security No: Date of Deatb: 09/26/2013 Age at death: 83 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 2100 Bent Creek Blvd_Mechanicsburg 17050 Mechanicsburg Cumberland Street address,Post Office and Tlp Code City,Township or Borongh County Decedent died at 2100 Bent Creek Blvd,Mechanicsburg 17050 Mechanicsburg Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedenPs property at death: If domiciled in Pennsylvania............................ All personal property $ 530,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania......................................................... $ 000 TOTAL ESTIMATED VALUE. ... $ 530.000.00 Real estate in Pennsylvania situated at: NA (Attach additional sheers,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)averts)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated November 29, 1993 and Codicil(s) thereto dated State relevant circumstances(eg.renunciation,deaah of executor,etc) Exceptasfollows: after the execution of the inshument(s)offered for probate Decedent did not marry,was not divorced,was not aparty 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 ®EXCEPTIONS ® B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c-La. or db.n.c.ta.,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. Q NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s),after a proper search has/have ascertainedthat Decedent left no Will and was survived by the following spouse and 5eiis(atr&t4 additional sheets, ifnecessary): W ;-� 'Tl C> a r v Name Relationship Address C7 C? U 11 1 r' -o "t r- Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Robert R Howie Jr. 208 Rosehill Road,West Grove PA 19390 The Petitioner(s)above-named swear(s)or affinn(s)the statements in the foregoing Petition are true and correct to the best ofthe knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Deced a Petition s/wil ell and administer the estate accor ling/o law. Sworn to or affirmed and subscribed before cd .a Date me day of Cp Q Date By Date For the Register Date BOND Required: Q YES Q-NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . ... . . . . . . . ... $.Lluo Attorney Signature: ( I� )Short Certificate(s).. . . . . �n c m n ( )Renunciation(s).. . . . . . . . n 3: o c> — ( )Codicil(s). . . . . . . . . . . . . Uj �r <n ( )Affidavit(s).. . . . . . . . . . . r— m r:ry Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: !,. lT1 —_ Commission. . . . . . . . . . . . . . . . . . Supreme Court - 7� P t *f Other . . . . . . ID Number: n :3 T I t1VP t14(SYQ . . . . . .Firm Name: c� r— rn r-2tU>I n . . . . . Address: . . . . . . Phone: Automation Fee. . . . . . . . . . . . . . . Fax: JCS Fee. . . . . . . . . . . . . . . . . . . . . a3 Email: TOTAL. . . .. . . . . . . . . . . . . . . . . $M -8'80' DECREE OF THE REGISTER Estate of Robert R.Howie File No: 7� a/k/a: AND NOW, T)X-QJ )bk,r 20(') in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Tp�ti I O ryl Old �Q are hereby granted to Ro_hsz19_.. Hrl .cA J p )r . in the above estate and(if applicable)that the instrument(s)dated 1 l - r2a - IA 'Ji described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Dgcedent. -ITegister of Willis Y T ° rn � LAST WILL AND TESTAMENT r m m 01 2' cn 7J c :v a OF CZ c ROBERT R. HOWIE -� -+ U0 1-n I, ROBERT R. HOWIE, of Stuart, Martin County, Florida, declare this to be my last will and testament. I revoke all of my prior wills and codicils. ARTICLE 1 DEBTS, EXPENSES AND TAXES Section 1. 1 Trust Primarily Liable In the trust instrument referred to in Section 3.2 of Article 3 of this will, my wife, CATHERINE HOWIE ( "my spouse" ) , and I have directed the trustee to provide for payment of all (a) my legally enforceable debts, including debts owed by me to the trustees individually, except debts which constitute a lien or encumbrance on real property, (b) the expenses of my last illness and funeral, (c) the administration expenses payable by reason of my death, and (d) the estate, inheritance, and other death taxes (including interest and penalties, if any) , payable in any jurisdiction by reason of my death (including those administration expenses and death taxes payable with respect to assets which do not pass under that trust instrument) other than that part of any such death taxes attributable to property in which I have a qualifying income interest for life, over which I have a power of appointment, or which is included in my gross estate by reason of Section 2036 of the Internal Revenue Code of 1986, as from time to time amended (the "Code" ) , and, in each case, which tax is not otherwise paid or payable and with respect to which my personal representative is directed to seek reimbursement or recovery. My personal 1 � representative shall enforce all rights to reimbursement for or recovery of, and provide for payment of, any such death taxes attributable to property in which I have a qualifying income interest for life, over which I have a power of appointment, or which is included in my gross estate by reason of Section 2036 of the Code, which tax is not otherwise paid or payable. Section 1 .2 Estate Secondarily Liable Despite the provisions of Section 1. 1 of this Article, my personal representative shall pay the amount of those debts, expenses, and death taxes referred to in Section 1. 1 of this Article directed to be paid by the trustee but certified by the trustee as exceeding the principal out of which the trustee is directed to provide for payment. Any such amount payable by my personal representative because of any such certification by the trustee shall be paid out of and charged generally against the principal of my residuary estate without seeking reimbursement or recovery from any person. Any generation-skipping tax resulting from a transfer occurring under this will shall be charged to the property constituting the transfer in the manner provided by applicable law. ARTICLE 2 TANGIBLE PERSONAL PROPERTY By an Assignment dated November _, 1993, my spouse and I conveyed, assigned and transferred to the acting trust of that certain trust already created by us and known as the HOWIE FAMILY TRUST DATED NOVEMBER _, 1993 all of my tangible personal property wherever located, then owned or thereafter acquired. Upon my death, I leave to the acting trustee of said trust any of my tangible personal property not effectively conveyed, assigned or transferred by said Assignment and direct my personal representative to assist the acting trustee of said trust in assembling and placing in the name of the trust any said tangible personal property. Q 2 r� name of a nominee, to be exercised without court order. Section 4 .3 Personal Representative Discretion I direct my personal representative to make such elections under the tax laws as my personal representative deems advisable, without regard to the relative interests of the beneficiaries, and my personal representative shall have no liability for, or obligation to make compensating adjustments between principal and income or in the interests of the beneficiaries by reason of, the effects of those elections. Any decision made by my personal representative with respect to compensating adjustments or the exercise of any tax election shall be binding and conclusive on all persons. Section 4 .4 Co-Personal Representative Provisions While two personal representatives are acting, the following provisions shall apply where applicable: A. Either personal representative may have custody of the property and of the books and records of the estate; B. With respect to any matter as to which the personal representatives have joint powers, a personal representative from time to time may delegate any or all of the personal representatives ' s rights, powers, duties and discretion as personal representative to the other personal representative, with the consent of the latter; C. The personal representatives may establish bank accounts and may authorize that checks or drafts may be drawn on, or withdrawal made from, any such account on the individual signature of either personal representative; D. A personal representative shall be presumed to have approved a proposed act or decision to refrain from acting if the personal representative fails to indicate approval or disapproval thereof within fifteen days after a written request to do so, and a personal representative shall not be required to continue to make a proposal which has been disapproved on at least two occasions if 4 ��� that personal representative has informed the disapproving co- personal representative that continued disapproval will be assumed until notice to the contrary has been received; and E. The personal representatives may execute documents by jointly signing one document or separately signing concurrent counterpart documents. ARTICLE 5 CONSTRUCTION PROVISIONS Section 5. 1 Headings The headings, titles, and subtitles in this will have been inserted solely for convenient reference, and shall be ignored in its construction. Section 5.2 Miscellaneous Whenever the context so requires, the masculine shall include the feminine and neuter and the singular shall include the plural, and the plural shall include the singular. If any portion of this will is held to be void or unenforceable, the balance of this will shall nevertheless be carried into effect. Section 5.3 Trustee and Personal Representative References Any references in this will to the terms "trustee" or "personal representative" shall be construed to apply to one or more trustees or personal representatives or to any initial or successor trustee, trustees, personal representative or personal representatives as the context may require. 5 �p Y� I signed this will on November a" 1993. � 2 Z � Testator On the date last above written, we saw ROBERT R. HOWIE, in our presence, sign the foregoing instrument at its end. Testator then declared it to be Testator' s will, and requested us to act as witnesses to it. We then, in Testator' s presence and in the presence of each other, signed our names as attesting witnesses, believing Testator at all times herein mentioned to be of sound mind and memory d not acting under constraint of any kind. Residing at 8880 S. Ocean Blvd. , #510 Jensen Beach, Florida 34957 Residing at l9e t/'Ckn,�,n &-A-Lc- 6 STATE OF FLORIDA } )SS. COUNTY OF MARTIN ) AFFIDAVIT OF TESTATOR AND ATTESTING WITNESSES We, ROBERT R. HOWIE, CHARLES W. SINGER and '2" � , the Testator and the witnesses respectively, whose names are signed to the attached or foregoing instrument, were sworn and declared to the undersigned officer that the Testator in the presence of the witnesses signed the instrument as Testator' s last will, that Testator signed and that each of the witnesses, in the presence of the testator and in the presence of each other, signed the will as a witness. Testator /f_ Witness ? 4 Witness Subscribed and sworn to before me by ROBERT R. HOWIE* the Testator, and by CHARLES W. SINGER and r *.*', the witnesses, on November E?21 1993. 'I.OTA Y S XL � / REMAIN 1J A FO.M OF FLORIDA AFY F'J;ittC SfATE aE I� C " J9.CC31b3,3 Notary Pub &COMM1-%1ON EXP acr.z1L W; * Personally Known OR Produced ID Type of ID 01 It" ** Personally Known _ OR Produced ID Type of ID 7