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.
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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: -
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FRANK L. MORRIS, JR.
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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.
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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:
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FRANK L. MORRIS, JR.
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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:
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FRANK L. MORRIS, JR.
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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.
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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.
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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.
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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