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HomeMy WebLinkAbout01-22-14 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 requests the grant of Letters in the appropriate form: Michael F Morris Decedent's Information r ' �-1 Name: Frank L Morris Jr File No: 21 - 14" c')0-7 1 a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 12/08/2013 Age at Death: 90 Decedent was domiciled at death in Cumberland County, PA (state)with his/her last principal residence at 821 Briarwood Lane,Camp Hill 17011 Hampden Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Forest Park Health Center Carlisle 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 $ 3,300.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Valueof real estate in Pennsylvania................................................................... $ = TOTAL ESTIMATED VAME r rn 300.00 — Real estate in Pennsylvania situated at - f (Attach additional sheets,if necessary.) rn '- Street address,Post Office and Zip Code City,Township or Borough N Coirniq M C.7 .72: U2 ;,� C:� O ®A. Petition for Probate and Grant of Letters Testamentary CD c"- -0 Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated U3 /1994 3in-odicil(s) thereto dated ►"' r•- m State relevant circumstances(e.g.,renunciation,death of executor,etc.) wA. 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.§§ 323(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.,pedente lite,durante absentia.durante minoritate If Administration,c.t.a ord.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 pending divorce proceeding herein 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. F1 NO EXCEPTIONS [] EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. 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 Michael F Morris 67 Warrior Run,RR#1,Box 612 Roseland,VA 22967 The Petitioner(s)above-named swear(s)or affirm(s)the statements in t_he foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the D dent, )ner(s)willwe,11 and truly administer the estate according to law. Sworn to or aftrmed and subscribed before Date methi: -Odayof Date By:_ w _ Date For the Register I I , Date To the Register of Wills: BOND Required? 11 YES I/N NO FEES: Please enter my appearance by my signature below: Letters.......................................... $ )Short Certificate(s)....._, IQLO )Renunciation(s).............. )Codicii(s)........................ )Affidavit(s)...................... Printed-N—ame. Diane G Radcliff Bond............................................. Supreme Court Commission.................................. ID Number: 32112 Other Wi I 1 16-110 V)yfj2qA24 115,C0 Firm Name: Diane G.Radcliff,Esquire Address: 3448 Trindle Road Camp Hill,PA 17011 Phone: (717)737-000 Automation Fee............................ Fax: JCS Fee................ ..................... �5 C) TOTAL......................................... $ 23 1.S n E-mail: dianeradcliff@comeast.net DECREE OF THE REGISTER Date of Death: 1 210 812 01 3 Social Security No: Estate of Frank L Morris Jr File No: 21 a/k/a: AND NOW, q in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Michael F Morris in the above estate and(if applicable)that the instrument(s)dated 03/16/1994 described in the Petition be admitted to probate and filed of record as the Ast Will(and Codlctl(f))of Decedent. 14 '14*� R'ftgter of Wills/ Copyright(c)2011 form software only The Lackner Gr&pinc. Page 2 of 2 H105.805 REV(9111) RECORDED OFFICE OF REGISTE=R OF WILLS C LIUsx Will UnA &.0tament ORp"ANS- COURT of CDKR.ERLAND CO. pp' FRANK L. MORRIS, JR. BE IT REMEMBERED, that I, FRANK L. MORRIS, JR. , of 821 Briarwood Lane, Camp Hill, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this as and for my Last. Will and Testament, hereby revoking and making null and void any and all Wills and Testaments and writings in the nature thereof by me, at anytime heretofore made. ITEM 1 : I direct that all my just debts and funeral expenses be paid as soon after my demise as may be convenient. ITEM 2 : I give all tangible personal property owned by me at my death and all insurance policies on such property as follows: a. To those individuals who survive me by thirty (30) days who are designated on a list or memorandum signed by me which refers to this Will or is found with a copy thereof, I give and bequeath the items listed beside their names . b. The balance (including any items under subparagraph (a) above the bequest of which has lapsed) shall be included in my residuary estate set forth in Item 3 and in the event of a lapse, Item 4 herein, distributable to the beneficiary or beneficiaries therein provided. My Executrix shall have the right to dispose of said remaining items of personalty to become part of my residuary estate, either in kind or WITNESS: FRANK L. MORRIS, JR. in cash as a result of liquidation thereof as she, in her sole discretion, deems appropriate under the circumstances . It being my intent, however, that should any beneficiary of my residuary estate desire to receive a particular item in kind which was not specifically bequested to such beneficiary, to the extent reasonably possible, my said Executrix shall attempt to follow said beneficiary' s request. ITEM 3: All the rest, residue and remainder of my Estate of whatsoever nature and wheresoever situate, whether it be real, personal or mixed, including any insurance policies therefor, property over which I have power of appointment, and proceeds from any insurance policies payable to my estate, I give, devise and bequeath to my wife, HELEN 0. MORRIS, provided she survives me by thirty (30) days . ITEM 4 : In the event my wife, HELEN 0. MORRIS, should predecease me, should we die simultaneously or should she fail to survive me by thirty (30) days, I- then give, devise and bequeath my entire residuary estate to my children, MICHAEL F. MORRIS, ROBERT R. MORRIS, EDWARD P. MORRIS, BERNADETTE M. WARMAN, DANIEL P. MORRIS and THOMAS D. MORRIS, in equal shares . In the event any of my said children should fail to survive me by a period of thirty (30) days, said deceased child' s share - shall be distributed to his or her issue who are living on the thirty-first (31) day following my death, in equal shares, per stirpes, and in there event there are no said issue there living, said deceased child' s share shall WITNESS: FRANK L. MORRIS, JR. t .s=�. . ., :.,r_ . . . ,, ,,. 4 r �, ip i lapse and shall be distributed to the remaining residuary beneficiaries herein, as their interests may appear. ITEM 5: In the event any beneficiary referred to in Item 4 herein has not then reached the age of twenty- one (21) , his or her share shall be held by my Trustee, herein named, IN SEPARATE TRUST, for the following uses and purposes and subject to the following terms and conditions: a. Trustee may accumulate the income from that share or so much thereof from time to time as it considers advisable; and Trustee may expend and apply so much of the net income including accumulated income and so much of the principal of that share as Trustee may consider necessary for the support, maintenance, medical and dental expenses and education of such beneficiary, including college education, both graduate and undergraduate, or post-secondary vocational or technical training, in accordance with said beneficiary' s talents, abilities and needs; and Trustee may pay all expenses which it deems necessary and desirable in connection therewith, including, by way of illustration, tuition, room and board, books and supplies, clothing, travel expenses and reasonable sums for personal expenses . The amount to be paid for the benefit of said beneficiary shall be determined from time to time based on said beneficiary' s needs with the further direction that said funds shall be liberally disbursed. The said payments may be made directly to said beneficiary if said beneficiary is, in the sole opinion of my Trustee, of an age and ability to hand the funds so paid, or may be made by my Trustee directly to the person having custody and care of said beneficiary, or may be made by my Trustee directly to any institution entitled to such payment by reason of services rendered or to be rendered to said beneficiary. b. The Trustee for the purposes of carrying out my intentions stated above and the purposes of the Trust shall be entitled to (a) purchase and/or retain any property, including real or personal property, shares of investment trusts, shares of . stock, municipal bonds, governmental bonds, mutual funds, money market or other interest bearing accounts and any other reasonably prudent investments; (b) to sell and convey any property, real, personal or mixed, held in trust as public or private sale for such price WITNESS: - � ✓uL FRANK L. MORRIS, JR. OK&I . � x , a t, as the Trustee determines to be reasonable; (c) to exchange property for other property; (d) to borrow money for the trust and to secure any borrowing by pledge or mortgage; (e) to vote 'any stock in the trust for any purposes whatsoever in such manner as the Trustee deems for the best interests of my said beneficiary and to give proxies with or without full discretionary powers; (f) to deposit under voting trust agreements any shares of stock held by them; (g) to compromise any claim for or against the trust; and (h) to disclaim an interest in any property. The Trustee may from time to time amortize premiums paid on the purchase of bonds, notes and other securities by appropriate periodic charges against income, but shall not be required to do so. All purchasers from the Trustee shall be under no obligation to furnish bond, or, if bond be by law required, surety on such bond. Annual or periodic compensation of the Trustee for services hereunder may be equitably apportioned between principal and income. C. Any and all payment or payments of any sum or sums, whether in cash or in kind or whether for principal or income, payable to said beneficiary, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation, assignment, pledge, or obligation of any beneficiary, and shall not be subject to any execution or attachment. d. When such beneficiary reaches age twenty-one (21) , the then remaining principal and any accumulated or undistributed income of his or her share shall be distributed to such beneficiary, absolutely. e. In the event such beneficiary dies before reaching age twenty-one (21) the remaining principal and any accumulated income of his or her share shall be distributed at his or her death to his or her then-living issue, in equal shares, per stirpes, or in the event there are no such issue, his or her share shall be distributed in accordance with his or her will and, if none, his or her intestate heirs. f. Should the principal of the Trust herein provided for be or become too small in the Trustee' s discretion so as to make establishment or continuance of the trust inadvisable, my Trustee or Executor may make WITNESS: L FRANK L. MORRIS, JR. ������� 'c F y. xl 1 �, t � � � � . � C � immediate distribution of the then-remaining principal and any accumulated or undistributed income outright to the person or persons and in the proportions , they are entitled to income. If any such person is then a minor, distribution may be made to the guardian under Item 7 herein. Upon such termination, the rights of all persons who might otherwise have an interest as succeeding life tenant or in remainder shall cease. ITEM 6: I appoint MICHAEL F. MORRIS as Trustee of any Trust created by this my Last Will and Testament. Should MICHAEL F. MORRIS predecease me, renounces or ceases to act, I then appoint the next oldest of my children above-mentioned in Item 4 herein (who are listed in order of their respective ages) as alternate or successor Trustee, it being my intention that in the event of a lapse of Trustee, the next oldest of my aforesaid children shall be appointed as successor Trustee. ITEM 7 : I appoint MICHAEL F. MORRIS as Guardian over any property which passes either under this Will or otherwise to any beneficiary who is then a minor, provided that this appointment of a Guardian shall not supersede the right of any fiduciary in its discretion to distribute a share where possible to such beneficiary or to another for such beneficiary' s benefit. Such Guardian shall have the power to use principal as well as income from time to time, for the beneficiary' s support and education. Should MICHAEL F. MORRIS predecease me, renounces - or ceases to act," I then appoint the next oldest of my children above-mentioned in Item 4 herein (who are listed in order of their respective ages) as alternate or successor Guardian, it being my intention WITNESS: ��� FRANK L. MORRIS, JR. ,.. t. ,, . ,. , 4 $ � .. �. t; i ' i } i ,. _ l5 .. '�ti.y .. _ } � � r{ i .# � � � �. � : . .r .�..r 4` _`� f fi y,,� � 4.t, , , ,� r`,.a.� €. ' � . ;,�, ; that in the event of a lapse of Guardian, the next oldest of my aforesaid children shall be appointed as successor Guardian. ITEM 8 : I appoint my wife, HELEN O. MORRIS, as Executrix of this my Last Will and Testament. Should HELEN O. MORRIS predecease me, fail to qualify, cease to act or renounce probate, I then appoint MICHAEL F. MORRIS as Alternate Executor of this my Last Will and Testament. Should MICHAEL F. MORRIS not survive or renounces or ceases to act, I then appoint the next oldest of my children above-mentioned in Item 4 herein (who are listed in order of their respective ages) as alternate or successor Executor, it being my intention that in the event of a lapse of Executor, the next oldest of my aforesaid children shall be appointed as successor Executor. ITEM 9 : I direct my Executrix to pay all inheritance, estate, succession and legacy taxes of whatsoever nature and kind, to which my Estate or the transfer of any property passing hereunder or otherwise passing by reason of my demise, may be subject to charge such taxes against my residuary estate, it being my intention that none of the aforesaid taxes, either federal or state, or any property required to be included in my gross estate, under the provisions of any state or federal law now in force or hereafter enacted, shall be prorated among the persons interest in my Estate to whom such property is or may be transferred to whom any benefit accrues. WITNESS: r FRANK L. MORRIS, JR. .. . . . � . t. txx �.. , � , ITEM 10: In addition to the powers conferred by law, I authorize my Executrix in her absolute discretion: a. To retain in the , form received, and to sell either at public or private sale any real or personal property; b. To manage real estate; C. To invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principle of diversification; d. To exercise any option or rights arising from ownership of investments; e. To compromise claims without court approval and without the consent of any beneficiary; f. To disclaim any interest in property; g. To claim an elective share of the estate of any deceased spouse; h. To join with any spouse I may have upon my death in the filing of any federal income tax return for any year for which I have not filed such return prior to my death, and to consent to the treatment of any gifts made by my spouse as being made one-half by me for gift tax purposes notwithstanding the fact that such action may result in additional liabilities for my estate. Any income or gift taxes due on such returns and any deficiencies, interest, penalties, or refunds thereon, shall be allocated between my estate and my spouse and my spouse ' s estate, or all to any of them, in WITNESS: FRANK L. MORRIS, JR. g:f such manner as my Executrix and my said spouse may agree. i. To disburse my estate in kind or by way of liquidation thereof in whole or in part as my Executrix in her sole discretion may deem appropriate under the circumstances. ITEM 11 : I direct that my Executrix, Guardian and Trustee or their successors shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /5 46day of r�q Ck-A- , 19 . WITNESS: FRANK L. MORRIS, JR. Y ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, Frank L. Morris, Jr. , Diane G. Radcliff and Robin Z . Shahan, the Testator and the witnesses respectively, whose names are signed to the attached or 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 he had signed willingly (or willingly directed another to sign for him) , and that he 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 witnesses and that to the best of their knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. FRANK L. MORRI JR. t 1 � -- ES WIT SS Sworn to and subscribed to before me this 1, j day of , 19(1 L4 . t} NOT Y P B IC Notarial Seal Robin Z.Shahan,Notary Public MiddlesexTwp.,Cumberland County My Commission Expires July 3,12