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HomeMy WebLinkAbout03-04-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of ~-e I-e." k ~a. \ \ No. a J - 0 ~ - ().d. 03 also known as To: Register of Wills for the . Deceased. County of in the Social Security No. Z 0 ~ - ell - I \ l '- Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut in the last will of the above decedent, dated c <- +o~.- "Z. q and codicil(s) dated named ,J..9 2.00'2.... (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in c..u~~l'CU\..6 County, Pennsylvania, with h last family or principal residence at ?i'6 '-I ~~~ V,,\ \ 0.<\" ~c \:\rN: 2.C'S ^"-tcJL~,(.;\c.\I)~ ~c.... /'7D5" - "LCI'5 , (list street, number and muncipality) Decendent, then %<.:, years of age, died "}db, '7 ,~ ZC\::l -S- , at C. o..""f . \..-h") \ ~4 "'" "'J)~ \~ . Except as foHows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: 400 $ $ $ 1/"5,000 $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters (testamentary; administration c.t.a.; administration d.b.n.c.La.) theron. ~ ~ ... u c: ... "O~ 'r;;~ ...... CX:'" c: ~.g CU'':: 3~ ........ ;:;0 <;i c: 00 i:i5 Cl~~9~ 1/ I\.{ c:;ook~ W~'~J'rfrii) /VI.~ d ' ""- ....~. .: c OATH OF-PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA "I ss COUNTY OF J The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. SWO. Tn to. 0; amnnedff,nd SUbScrib.ed { ~ ~ 9- kk ~ . ~ before me thiS. . .. < 1 ~ day of '!!: 'lJ~.~ ~ kL ~,; : '-l.- ~, ' ~ ""- # ,egist" L " { ". 1> Estate of No. t! e /eo ~ I - OJ -t) d-63 K.Hq (/ , Deceased DECREE OF PROBATE AND GR.ANT OF LETTERS JOOS AND NOW Il 7a r( II L/ ....w-_, in consideration of the petition on ~~e i~v~;~~~~e:::~, t~:i:::~::e~;~~::::~ng bee; Jri~1d i~O~ me, described therein. qe a mitted to p.z:gbate an filed of reco:d as th~ last will of /-Ie e ". fa. and Letters (l a" are hereby granted to ./1 . Register of Wino (J ^- C . r . ~ FEES Probate, Letters, Etc. ......... $ Short Certificates( ).......... $ Renunciation ................ $ $ TOTAL _ $ ATTORNEY (Sup. Ct. l.D. No.) ADDRESS Filed PHONE WILL f','] OF HELEN R. HALL \.'1 - I, HELEN R. HALL, declare this to be my last Will aritI revo(k~ all prior Wills and Codicils. c: ARTICLE I. EXPENSES OF LAST ILLNESS AND FUNERAL I direct the payment of the expenses of my last illness and funeral. ARTICLE II. GIFT OF HOUSEHOLD AND PERSONAL EFFECTS Clause 1. Gift to Children. I give my automobiles, household and personal effects, and other tangible personal property of like nature, together with all property and casualty insurance thereon and claims with regard thereto, in substantially equal shares to my children, EDWIN F. HALL, II and LINDA H. BLACKSMITH, who survive me; provided, however, that if my son, EDWIN F. HALL, II does not survive me, his share shall be distributed to his issue who survive me, per stirpes; and, further provided that if my daughter, LINDA H. BLACKSMITH, does not survive me, her share shall be distributed to her husband, WILLIAM A. BLACKSMITH, III, if he survives me, or, if he does not survive me, to her issue who survive me, per stirpes. Any distribution shall be made in such manner as the beneficiaries shall agree, or, if the beneficiaries shall be unable to agree on such distribution, as my Personal Representatives in their discretion shall determine. Clause 2. Includable Property. Household and personal effects, and other tangible personal property of like nature, shall not include cash or securities, and if there is any doubt or dispute as to which items of personal property are disposed of by this Article, I give my Personal Representatives discretion to determine the property included herein. Clause 3. Gift to Minor. If a beneficiary is a minor, my Personal Representatives shall represent the minor for purposes of determining the distribution to which the minor is entitled pursuant to this Article. Any property to which a minor becomes entitled may, in the discretion of my Personal Representatives, be delivered, or be sold and the proceeds delivered, without bond, to the minor or to an individual acting on behalf of the minor, as my Personal Representatives in their discretion select and a receipt by the minor or such individual, as the case may be, shall be a complete release of such Personal Representatives. ARTICLE III. PROVISION FOR TAXES Clause 1. All estate, legacy, inheritance, succession, transfer and other death taxes, including any interest or penalties, payable because of my death with respect to property included in my gross estate for tax purposes and passing under this Will (collectively, "Taxes"), shall be paid from my estate as if such Taxes were administration expenses. Clause 2. Nothing herein shall be construed to limit the right of my Personal Representatives to recover Taxes payable as a result of my death with respect to property included in my gross estate for tax purposes and not passing under this Will. Clause 3. Property distributed pursuant to the exercise of any power of appointment shall not be considered as passing under this Will unless such property is distributed to my estate. ARTICLE IV. DISPOSITION OF RESIDUE OF OF ESTATE Clause 1. Subject to the foregoing, I give all the rest, residue and remainder of my estate, real and personal, in equal shares to my children, EDWIN F. HALL, II and LINDA H. BLACKSMITH, who survive me; provided, however, that if my son, EDWIN F. HALL, II does not survive me, his share shall be distributed to his issue who survive me, per stirpes; and, further provided that if my daughter, LINDA H. BLACKSMITH, does not survive me, her share shall be distributed to her husband, WILLIAM A. BLACKSMITH, III, if he survives me, or, if he does not survive me, to her issue who survive me, per stirpes. Clause 2. Upon my death if there be no issue of mine who survive me, distribution shall be to the persons who would be entitled to inherit the same from me in accordance with the laws of the State of Pennsylvania then in force, as if I had died intestate, owning said property and a domiciliary of such State. -2- ARTICLE V. PROTECTIVE PROVISION No interest under this Will, whether in income or principal, shall be subject to anticipation, assignment, pledge, sale or transfer in any manner. No beneficiary shall anticipate, encumber or charge such interest, nor shall any such interest, while in the possession of my Personal Representatives, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary. ARTICLE VI. DISABILITY OF BENEFICIARY Clause 1. My Personal Representatives in their discretion may determine that a beneficiary hereunder is physically or mentally incapable of properly using any property or income to which such individual is entitled. Clause 2. If any beneficiary hereunder is under the age of Twenty-one (21) years, or pursuant to Clause 1 hereof has been determined to be incapacitated, my Personal Representatives, during said incapacity, or until such beneficiary attains the age of Twenty-one (21) years, as the case may be, shall hold any property or income to which such individual is entitled, IN TRUST, for such individual and may apply without the intervention of a guardian all or part of the income and/or principal thereof as in their opinion is necessary for the support, education and maintenance of such individual. The receipts from persons selected by my Personal Representatives to receive and disburse such principal or income shall fully discharge my Personal Representatives with regard thereto. ARTICLE VII. SURVIVAL PROVISION If any beneficiary under this Will shall fail to survive me by a period of at least Sixty (60) days, such beneficiary shall be deemed to have predeceased me. ARTICLE VIII. POWERS OF PERSONAL REPRESENTATIVES Subject to any specific direction in this Will and in addition to the powers vested in them by law and other provisions of my Will, all Personal Representatives serving hereunder at any time in administering my estate shall have the following powers, exercisable in their discretion without court approval and effective until actual distribution of all property: -3- Clause 1. Property Retention, Investments and Loans. To retain any or all property; to invest in all types of investments permissible by law, including but not limited to stock in closely held corporations and/or Subchapter "S" corporations, limited and general partnership interests, joint ventures, limited liability companies and other business entities; and to make loans to any person, including any Personal Representative or beneficiary. Clause 2. Use of Nominee. To hold shares of stock or other securities in nominee registration form, including that of a clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery. Clause 3. Disposition of Property. With regard to any property and for such prices and upon such terms as they determine: to exchange or sell at public or private sale; to lease for any period of time, even though the term may extend beyond the conclusion of the administration of my estate; and to give options for any such sales, exchanges or leases. Clause 4. Borrow Money and Pledge Property. To borrow money from any person, including any Personal Representative, and in connection therewith, to mortgage or pledge any property. Clause 5. Compromise Claims and Make Disclaimers. To compromise any claim or controversy and to make and file disclaimers for me or my estate without Court authorization. Clause 6. Abandonment of Property. To abandon any property for any reason they deem proper. Clause 7. Distribution. To distribute property, including income or principal, in cash and/or in kind and to allocate specific assets among the beneficiaries in such proportions as my Personal Representatives think best. Clause 8. Employment of Others. To engage attorneys, accountants, custodians, investment counsel and other persons as they deem advisable in the administration of my estate, and to make payment therefor as they determine. -4- Clause 9. Apportionments. Notwithstanding that the size of the gift or interest passing to any beneficiary or trust may be affected, to allocate receipts, income, administration and other expenses and disbursements, to principal or income, or partly to each, as my Personal Representatives, at any time and from time to time, in their discretion may determine, or otherwise in accord with applicable law, and this power to allocate shall include, but not be limited to, stock, extraordinary and liquidating dividends, premiums and discounts on investments, compensation for professional and other personal services, and gain or loss on disposition of assets. Clause 10. Elections Relating to Taxes. Notwithstanding that additional tax burdens may result, or that the size of the gift or interest passing to any beneficiary or trust may be affected by increased taxes payable as a result of the exercise or nonexercise of any of the following powers: (a) To consent to, or to affirmatively refuse to consent to, the election by any corporation of taxable status under Subchapter S of the Internal Revenue Code or any similar provision. (b) To elect alternate valuation of my estate under Section 2032 of the Internal Revenue Code or any similar provIsIon. ( c) To exercise any option provided by law to treat administration or other expenses, whether paid from principal or from income, as items of deduction for either Federal Income Tax or Federal Estate Tax purposes, without requiring reimbursement for any resulting increase in tax, provided, however, that if any Personal Representatives are not beneficiaries, they shall be solely responsible for the exercise of this power. (d) To allocate any federal exemption from the federal generation skipping transfer tax to any property with respect to which I am the transferor for purposes of said tax (whether or not such property is included in my probate estate) and to exclude any such property from such allocation. Clause 11. Execution of Documents. To execute and deliver any and all documents and instruments which they in their discretion may deem advisable. -5- Clause 12. General Authority. To perform all acts, institute such proceedings and exercise all rights and privileges, although not herein specifically mentioned, with relation to any property, as if the absolute owners thereof. Clause 13. Withdrawal Authority. Upon unanimous written agreement, my Personal Representatives may authorize anyone or more than one of the Personal Representatives to sign checks and other instruments to make withdrawals from any checking, savings, money market, brokerage or other account. ARTICLE IX. PROPERTY OF MINORS Clause 1. I appoint my Personal Representatives Guardians of any property which passes to a minor other than under the terms of this Will and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so. Clause 2. In addition to the powers given by law, I authorize the Guardians to use such amounts of both income and principal as they, in their discretion, deem proper for the support, education and maintenance of such minor, without leave of any court, and give the Guardians such powers as are given to Personal Representatives in this Will. Clause 3. The Guardians shall not be required to give bond or furnish sureties in any jurisdiction. ARTICLE X. SUCCESSOR CUSTODIAN If, at the time of my death, I have not designated a successor custodian of any property of which I am custodian under the Uniform Transfers to Minors Act or any similar law, I direct my Personal Representatives to designate my successor. ARTICLE XI. APPOINTMENT OF PERSONAL REPRESENTATIVES Clause 1. Appointment. I appoint my son, EDWIN F. HALL, II, Personal Representative of this Will. -6- Clause 2. Successors. (a) Should my son, EDWIN F. HALL, II, fail to qualify or cease to act as such Personal Representative, I appoint my daughter, LINDA H. BLACKSMITH, to serve in his place. (b) Thereafter, should any individual Personal Representative fail to qualify or cease to act, he or she shall be replaced in such office by such individual as he or she shall in writing designate. Clause 3. Waiver of Security. No Personal Representative shall be required to give bond or furnish sureties in any jurisdiction. Clause 4. Transactions with Related Persons or Entities. My Personal Representatives may enter into any contract or other transaction with any entity in which anyone or more of them has any interest as a proprietor, fiduciary, beneficiary, partner, stockholder, director or officer. Clause 5. Responsibility of Individual Personal Representatives. No individual Personal Representative shall have any liability except for his or her own dishonesty, gross negligence, or the wilful commission of an act known by him or her to be a breach of trust. Clause 6. Addition of Corporate Personal Representative. Individual Personal Representatives, by unanimous agreement in writing, shall have the right to appoint a corporate Personal Representative qualified to serve with them as a Personal Representative of this Will, and may enter into an Agreement with such corporate Personal Representative regarding the terms, conditions and amount of its compensation. Clause 7. Removal of Corporate Personal Representative. Individual Personal Representatives, by unanimous agreement in writing, shall have the right to remove any corporate Personal Representative and upon such removal, may designate a successor corporate Personal Representative to serve with them. Clause 8. Resignation of Personal Representatives. Any Personal Representative serving hereunder shall have the right to resign from such office at any time with or without cause. -7- ARTICLE XII. CONSTRUCTION Clause I. As used herein, wherever the context requires or permits, the gender and number of words shall be interchangeable; persons adopted while minors shall be treated as though they were natural born children of their adoptive parents; beneficiaries shall include legatees and devisees; Personal Representatives shall include all Personal Representatives, Executors and Administrators serving hereunder at any time; the word "discretion," unless otherwise expressly limited herein, shall mean the sole and absolute right, power and authority to make a determination which shall not be subject to question by any person and shall be conclusive and binding on all persons; no anti-lapse or other statute regarding devolution of property shall apply to any gift hereunder which is conditioned upon survival of the beneficiary of such gift; and any reference to the Internal Revenue Code shall refer to the Internal Revenue Code of 1986, as amended, or any successor provisions thereto. Clause 2. All headings preceding the text of the several Articles, Clauses and Sub-paragraphs hereof, are inserted solely for reference and shall not constitute a part of this Will, nor affect its meaning, construction or effect. IN WITNESS WHEREOF, I, HELEN R. HALL, have set my hand and seal to this, my last Will consisting of Eight (8) pages, this "2 q'fl. day of {j-Lt;J..lJJJ , Two Thousand Two (2002). '#A ~ .~~~ - HELEN R. HALL (SEAL) SIGNED, SEALED, PUBLISHED and DECLARED by HELEN R. HALL, Testatrix, as and for her Last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses. :j/rvrJ f ~ Name fo't;()IV~ . ~ 6p f&. /7007 Address ~ Ii Glli Name ;<//()~/1-7 at Address /;:7.-t-<:!)1' P /f / '/ 11.5-:::>- -8- STATE OF PA SS COUN~YOF J . fj J: {!~ We, the undersigned, do hereby declare to the undersigned authority that the Testatrix signed and executed the foregoing instrument as her last Will in the presence and hearing of the witnesses and that she had signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, and each other, signed the Will as witness and that to the best of their knowledge, the Testatrix was at that time Eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. lJ~~. ~.~ HELEN R. HALt ~ k:r 1~~ WITNESS G~~ a. Qrz:ku WITNESS Subscribed, sworn to and acknowledged before me by HELEN R. HALL, the Testatrix, and subscribed and sworn to before me by '--P~ /i". p~ and ~ R. ~~ witnesses, this Z q M day of (k ~ , 2002. jQ~-'.~ ~' ~v No ry Public () NosIriat Seel Oololes J. MetlIer, Notary ~ Upp,r Allen lWp.. Q,mbe~IC~ty My Commission Expires May l'O~ 2~ MllmI)Qr. Poon~V~Janla Ass&l!lfil5ti 6i '~l "fu~