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Home My WebLink About01-15-14 _ _ _ �— __ _ _ R@8@t PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANLA Petitioner(s) named below, who islare 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: Ruth E.Failor File No: — �J �a� (Assigned y Reg�ster) a/k/a: �a� Social Security No: Date of Death: 7anuarv 12.2014 Age at death: 94 Decedent was dom�ciled at death in Cumberland County, penncvlvania (srate)with his/her last principal residence at 298 Ridge Hill Road.Mechanicsbure Silver Snrin Townshiu Cumberland Countv Pennsvlvania Street address,Post Oftice and Zip Code City,Township or Borough County Decedent died at 298 Rid�e Hill Road.Mechanicsburg Silver S�rin�?Township Cumberland Countv Pennsvlvania Street addreas,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domici[ed in Pennsylvania............................ All personal property $ 100,000.00 If not dom�ciled in Pennsylvania. ....................... Personal property in Pennsylvania $ � If not domic�led tn Pennsylvania. ....................... Personal properiy in County $ Value of real estate in Pennsylvania......................................................... $ ��Qp� TOTAL ESTIMATED VALUE. ... $ 400.040.00 Real estate in Pennsylvania situated at: 298 Rid�e Hill Road,MechanicsburQ,Silver SurinQ Township,Cumberland Countv (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County � A. PetiHon�for Probate and Graat of Letters Testamentarv Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated October 17,2013 and Codicil(s) thereto dated State relevant circumstances(�g.renunciation,deatk ojexecutor,etG) 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 �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.�a.or db.n.c.�a.,enter date of Will in Section A above and com_plete 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. �NO EXCEPTIONS �EXCEPTIONS � Petirioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse�"any)and�p jrs(attach additional sheets,if necessary): � � � � � � tT! �ry Name Relationshi A,,' � � � �f � y. r- F-► rn t��c r tn c� � c� � c� r � � � � � . . � �� '. ./...�� Q �4yr ^' '�w�w'� �►f {Y i � � � � � Form RW-02 rev.10/11/2011 Page 1 of 2 O�th of Personal Representative o��use on�.,,; � � � n�t COMMONWEALTH OF PENNSYLVANIA } � 'Q � � � } SS: � � � �, :� COUNTY OF } a ��,. � t--� r�n � Petitioner(s)Printed Name Peririoner(s)Printed Addres • -� Wend Lou McNiff 93 Burle Street Danvers MA 01923 �' � "'"� � "� � : � � � � p �" Gf� The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledgc and belief of Petitioner(s)and that,as P�rsonal Representarive(s)of the Decedent,the Petitioner(s)will well and truly administer the estate a ord' g to law. SwQrn to uine an .subscribed b �-u—�� Date � �� e s � � Date Date e ' r Date BOND Require�d; �'�CES Q NO To the Register of Wills: � FEES: Please enter my appearance by my signature below: Letters.. .... . .... .... . . .. . $ 360.00 Attorney Signature: ( 10)Short Certificate(s)...... 50.00 ( )Renunciation(s)..... ... . • ( )Codicil(s). . ... .... .... ( )Affidavit(s)..... ..... .. Bond.......... ............. . Printed Name: Timothy M.Finnerty,Esq. Commission. ... ........ ...... Supreme Court Other Will ........ 15.00 ID Number: 76048 Inheritance Tax Retum .. .. ... 15.00 Inventorv ...... .. 15.00 Firm Name: McNees Wallace&Nurick LLC � •• ••• •• Address: 100 Pine Street •• '•••• PnBox116fi •••••••• _Harrisbur�,PA 17108-1166 ••••• •• Phone: 717-237-5394 Automation Fee. ........ .. .... 5.00 Fax: 717-260-1691 JCS Fee. .......... .......... 23.50 Email: tfinnPrtT mw nnm TOTAL. . ....... .... .... .... $ 483.50 DECREE OF THE REGISTER � Estate of Ruth E.Failor File No: � �� V�� a/k/a: AND NQw� , ,in consideration of the foregoing Petition, satisfactory proof having been presen before me,IT IS DECRE that Letters Testamentarv are eby granted to Wendy Lou McNiff in the above estate and(if applicable)that the instrument(s)dated October 17,2013 described in the Petition be admitted to probate and filed of rec r �he last Will(and Codi ' ))of Decedent. � Re ster of Wills �r -' Fo�Rw o2 r�.10/11/2011 Page 2 of 2 — --_ _ _ -- : � / � LAST WILL AND TESTAMENT OF RUTH E. FAILOR j :� I, RUTH E. FAILOR, of Silver Spring Township, Cumberland County, Pennsyl�,��ia, � � � � � M make this Will, hereby revoking all my former Wills and Codicils. � � � � � � . � � � � . � � � � � � x� r` F--� � rn ARTICLE ONE � ��., ��,, � � ° TANGIBLE PERSONAL PROPERTY � � � �' � c� ,� ,� —t� -n -*� c� � -n � :� � � § 1.1 I bequeath my tangible personal property tha# is specificall�,�s�acf on ars�gn� ,�; � `� � �, c3 and dated memorandum that I may prepare in accordance with the terms �such me�brandur"�. If no such memorandum is received or located by my Executor within six��(60) days after b�ing �=� appointed as such, after a reasonable search for such memorandum, my Executor shall be held harmless for distributing such assets as hereafter provided. I bequeath any such property not disposed of by such memorandum, or all of such property if no such memorandum is so received or located, to JANICE R. BLIZZARD, WENDY LOU McNIFF, SHARON ANN RICH and DONALD S. FAILOR, (together, "My Children"), living at my death, to be divided among them in as nearly equal shares as they agree. In the event of irreconcilable disagreement among My Children, they shall take alternate turns selecting individual items with the oldest of My Children making th�first selection. Any items not so selected shall b�e sold and the proceeds shall pass as a part of my residuary estate. It is my intention that the value of any item of tangible personal property disposed of by memorandum not be taken into consideration for equalization purposes with respect to equalizing such distribution of tangible personal property to my children. . § 1.2 To the extent practicable in my Executor's soie discretion, I bequeath any policies of insurance on such property to the beneficiary er�titled to such property. 3562653-2 _ _ _ - _ . § 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering any such property to the beneficiary entitled thereto shall be paid by my Executor as an administrative expense of my estate. ARTICLE TWO SPECIFIC BEQUESTS AND REAL PROPERTY § 2.1 Subject to § 4.2 below, I devise and bequeath any monies remaining in my savings account at Members First Federal Credit Union Account Number 270908-FA at the time of my death up to Ten Thousand Dollars ($10,000) ta each of Donald N. Failor, Benjamin Failor and Peyton Stratford Failor, if they survive me. If my savings account does not have enough to satisfy this bequest, each of Donald N. Failor, Benjamin Failor and Peyton Stratford Failor shall split the balance in the account equally among them. If the account has more than sufficient funds to provide $10,000 to each of Donald N. Failor, Benjamin Failor and Peyton Stratford Failor, then the remaining funds shall pass pursuant to the terms of Article Three below. If any such beneficiary is under age twenty-one (21) at the time of my death, such beneficiary's portion of such funds shall be paid to the Guardian as provided in §4.2 below. § 2.2 I make the following specific bequests, subject to § 4.2 below: § 2.2.1 The sum of Three Thousand Dollars ($3,000) to each of Joanne Failor and my grandsons, Russell Failor and Jeffrey T. Fry, if they survive me. If any of them should predecease me, their gift shall lapse. § 2.2.2 The sum of One Thousand Dollars ($1,000) to my grandson, Bradley T. Fry, if he survives me. If he should predecease me, this gift shall lapse. § 2.2.3 The sum of Five Thousand Dollars ($5,000) to my granddaughter, Angela Weber, for the purpose of purchasing a tombstone for her mother's grave. If there are any funds remaining after purchasing the tombstone, my granddaughter may retain such excess funds. If my granddaughter, Angela Weber, does not survive me, such funds shall be divided equally by her children that are then living. _2_ § 2.2.4 The sum of Twenty Thousand Doliars ($20,000) to my daughter, Janice R. Blivard, for the purpose of purchasing a new car. If my daughter, Janice R. Blizzard, does not survive me, this gift shall lapse. § 2.3 I direct rny Executor to sell, in a commercially reasonable manner, that certain real property located at 5532 Spring Road owned by me at my death, the proceeds of which shall be distributed as a part of my residuary estate. I direct my Executor to sell this property to non-family members so that none of My Children or their children shall purchase this property from my estate. ARTICLE THREE RESIDUE § 3.1 I devise and bequeath all the rest, residue and remainder of my estate to My Children, per stirpes. ARTICLE FOUR APPOINTMENT OF FIDUCIARIES §4.1 I appoint my daughter, WENDY LOU McNIFF, as Executor of this Will. If Wendy Lou McNiff is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint my daughter, SHARON ANN RICH, as successor Executor. All references herein to the "Executor"shall mean my originally appointed Executor or my successor Executor, as the case may be. §4.2 I appoint the then serving Executor as Guardian of the estates of any beneficiaries under this Will who are under the age of twenty-one (21) at the time of my death, and receive property hereunder, including the proceeds of any life insurance on my life payable to such minors and any other property, rights or claims with respect to which I am entitled to appoint a guardian and have not otherwise specifically done so. The Guardian shall have full authority to use such assets, both principal and income, in any manner the Guardian shall deem -3- advisable for the best interests of the minor, including college and graduate education, and professional, vocational or technical training, without securing a court order. When such beneficiary shall attain the age of twenty-five (25), my Executor who is serving as Guardian shalt pay and distribute such remaining funds to such beneficiary. ARTICLE FIVE POWERS OF FIDUCIARIES � 5.1 No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. § 5.2 Any such fiduciary shall have, without restriction or qualification, all powers given by law, including without limitation those under the Pennsylvania Probate, Estates and Fiduciaries Code, in addition to the following powers: § 5.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments. § 5.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security. § 5.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property. § 5.2.4 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. § 5.2.5 To engage in litigation and compramise, arbitrate or abandon claims. § 5.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributees on a non-pro rata basis, and for such purposes to make reasonable determinations of current values. § 5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the -4- . p payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby. § 5.2.8 To determine the apportionment ofi receipts and expenses, including extraordinary cash dividends, stock dividends, capital-gain dividends of regulated investment companies and proceeds and expenses of the sale of unproductive real estate, between income and principal, such apportionment to be made so as to balance fairly the interests of any income beneficiary and the remaindermen. § 5.2.9 To allocate, in the Executor's sole and absolute discretion, any portion or all of my exemption under Section 2631(a) of the Internal Revenue Code ("My GST Exemption"), to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death. Any such election or allocation shall be binding upon the Trustee and any beneficiary of any trust created her�eunder. The Trustee is directed to divide any trust created under this Will into two (2) or more separate trusts, if necessary, to segregate the pQrtion or portions of the trust or trusts created hereunder over which My GST Exemption (the "GST Exempt Trusts")from the portion or portions of the trust or trusts created hereunder over which My GST Exemption has not been allocated (the "Non-GST Exempt Trusts"). § 5.2.10 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof. ARTICLE SIX PROVISION FOR TAXES § 6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government ar subdivision thereof upon or with respect to any property subject to any such tax, and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Three of this Will, and all interest with respect to any such taxes shall be paid by the Executor out of the income or principat or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor. My Executor shall not make apportionment among or seek reimbursement from the beneficiaries, recipients or owners of such property for any such -5- taxes, penalties or interest. Nofinrithstanding any provision of this Article Six to the contrary, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover that I possess but have not exercised or any qualified terminable interest property. ARTICLE SEVEN PROVISION FOR DEBTS AND EXPENSES § 7.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article Three of this Will. ARTICLE EIGHT MISCELLANEOUS PROVISIONS § 8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. § 8.2 If any person and I die under such circumstances that it is impossible to determine which of us survived, it shall be conclusively presumed and this Will shall be construed as if such person had predeceased me. § 8.3 Whenever a fiduciary is directed to distribute property to or for the benefit of any beneficiary who is under(a) twenty-one (21) years of age, or(b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in good faithl, the fiduciary may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected -6- and appointed by the fiduciary (including the fiduciary), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act to be held until such beneficiary reaches finrenty-one (21) years of age, may� distribute such property to the guardian of such beneficiary's estate, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the fiduciary to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 17th day of October, 2013. � . (SEAL) ,� UT E. FAILOR Signed, sealed, published and declared by the above named RUTH E. FAILOR, as and for her Last Will, in the presence of us and each of us, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. , Residing at ��-.G�.�u � � � siding at S � -7- COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : We, RUTH E. FAILOR, the Testatrix, Timothy M. Finnerty an the witnesses, whose names are signed to the attached or foregoing in rument, being first duty sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will; that the Testatrix signed willingly and executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness and that to the best of his or her knowledge the Testatrix was at that time eighteen (18) years of age or ol�er, of sound mind and under no constraint or undue influence. WITNESS: TESTATRIX: . � RUTH E. FAILOR IT ESS: - Subscribed, sworn to and acknowledged before me by RUTH E. FAILOR, the Testatrix, and subscribed and sworn to before me by Timothy M. Finnerty an the witnesses, this 17th day of October, 2013. Nota Public (SEAL) (')OMMONWEALTH OF PENNSYLVANIA Notarial Seat Kimberly A.Crostley,Notary Public Qty of Marrisburg,Dauphln County Commfssion Expfres lan.4,2017 -$-