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HomeMy WebLinkAbout03-11-14- 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 suppbrt ihereof aver(s)th� following and respectfully requests the grant of Letters in the appropriate form: $etty J.O'Neill 4�.� . ��_ Dec=t'$�Inf,ormatiQn�- Name: Richard J:��'Neill File No: 21-14 '�' a1k/a: � . . �a: -�. (Assigned by Register) �a� , .. Social Security No: Date of Dea��, 12/20/�013 Age at Death: 95 Y 1 �Decedent i'� wa�rdomiciled at death in Cumberland County, pA (State)with his/her last principal residence at 712 Oak Oval,Mechanicsburg 17055 Upper Allen Township Cumberland Street a�ress,Post Otfice and Zip Code CitY,Township or.Borough CouMy Decedent died at Messiah Village,700 Mt.Allen Drive,Mechanicsburg,17055 Upper Allen Twp Cumberland PA Street address,Post Office and Z�p Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled In Pennsy/vania........................ AII personal property $ 26,000.00 Knot domiciled in Pertnsylvania................. Personal property in Pennsylvania $ If not domiciled in Pennsy/vania................. Personal property in County $ � Va/ue of rea/estate in Pennsy/vania........... $ TOTAL ESTIMATED VALUfE 26,0 0:� Real estate in Pennsylvania situated at NONE (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough ��ty �X A. Petition for Probat�and Grant of Letters Testamentarv Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 03/19/2002 and Codicil(s) thereto dated (State relevant a�umstances,e.g.,renunaation,death of executor,etc.) Except as follows:after the execution of the instrument(s)oifered for probate,Decedent did not ma ,was ndt divorced,was not a party to a pending divorceproc¢e��ng wherein the grounds for divorce had 6een established as defined in 23 Pa.C.S.�3323(g),and did not have a child bom or adop ;ted and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �X NO EXCEPTIONS�EXCEPTIONS ❑B. Petition for Grant of Letters of Administra#ion c�f aPP���b�e� c..a.; . .n.; . .n.c..a.; n e� ; uran e a sen a; uran e mmo a e If Administration,c,t.a or d.b.n.c.t a.,enter date of Will in Section A above and comolete list of heirs. Except as follows:Decedent was not a party to:pending diyqrce 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. �NQ EXCEPTIONS�EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Deoederrt left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): ;:r r►«� ' Name Relationship Address :.,.,, -. ._ _, � .. �: �D �_��: C1���:: '�..- _`"�' ,�:_: �p �i C� �: . ,�. .�.,���`, . �� � �. Form RW-�2 rev.10-f 1-2011 Copyright(c)2011 form software onry The Lackner Group,Inc. pe9e�of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address � Betty J.O'Neill 712 Oak Oval � Mechanicsburg,PA 17055 ��, .�-- � l�i S , ��} � �...t.s�,�_� �_.� � �._ :O �_ x:'+ f --" �^ . �� � t.. ��.- _._ �"�. ..i�• _' �` "� _ -���i . =i�,s � �"µ-� � '� - --r� �' 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 knowledge and betief of Petitioner(s)and that,as Pe�sonal Representative(s)�he�cedent,Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed an bscrib before '��L�.��'�/����"Z`��� Date �'���.��� me this C�' y pf l� ���� ` �ate By: Date F r t Register Date / BOND Required? � Yes � No To the Register of Wills: FEES Please enter my appearance by my signature below: Letter ............................................ $ �' �� Attorney Signature: ( Short Certificate(s).......... . Q _ _ ( )Renunciation(s)............... ' ( )Codicil(s)......................... ( >Affidavit(s)....................... Printed Name: Gerald J Brinser Bond.............................................. Supreme Court Commission................................... ID Number: 09655 Ot er , •(j(J � Firm Name: Brinser,Wagner&Zimmerman - Address: 6 E.Main Street � ` � P.O.Box 323 Palmyra,PA 17078 Phone: 717/838-6348 Automation Fee............................. r _ Fax: 717/838-6912 JCSFee......................................... TOTAL.................. � E-mail: gjbrin@aol.com ......................... $ �, DECREE OF THE REGISTER Date of Death: 12/20/2013 Social Security No: Estate of Richard J.O'Neill File No: 21 -14 --- a/k/a: AND NOW, , ,in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Betty J.0'Neill in the above estate and(if applicable)that the instrument(s)dated 03/19/2002 described in the Petition be admitted to probate and filed of record as the la ill(and Codicil(s))of Dec e . �� � � �. Register f Wills � � �`�" ��n,�Z Copyright(c)2011 form software only The Lackner Group,Inc. � age of 2 - � ," L �f �./ : �..-.�.�.�,�_--T- �� �.�� _ . _f _ ___ , -_.�.�,,,,�^.°—. - -- � � � `>�.� REGISTER OF WILLS _ _._ _ CERTIFICATE OF _ CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2014- 00224 PA No. 21- 14- 0224 Es ta te Of: RICHARD J O'NEILL /Fiist,Middle,Last1 La te Of: UPPER ALLEN TOWNSH/P CUMBERLAND COUNTY Deceased Social Securi ty No: WHEREAS, on the 11 th day of March 2 014 an ins trumen t da ted March 19th 2002 was admitted to probate as the last will of RICHA'RD J O'NEILL lFirst,Midd/e,Lastl late of UPPER ALLEN TOWNSH/P, CUMBERLAND County, who di ed on the 2 0 th day of December 2 D 13 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRA YSON, ESQ. , Regi s ter of Wi 11 s in and for CUMBERLAND Coun ty, in the Commonwea7 th of Pennsyl vani a, h�reby certi fy tha t I have thi s day gran ted Let ters TESTAMENTARY to: BETTY J O'NEILL who has duly qualified as EXECUTOR(R/XJ and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, ' CARLISLE, PENNSYL VANIA. ��,� ��V TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal ,� �,�:;,f off�e� on the 11 th day of March 20�4. �� �,. ��� � ; .� :� �.-� t � ���..�.,s , . "" =�;� � ��� � '��' egister o i s � � �:.3 r �� / � � •�r-. �G� ��l i� /�Z � eput y c�r **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, . LAST) _ _..._.�_.�__...__.�_____._..K.�... �..__ _ �_� �. _�.� .�: .� .. _�. -- -�;��� . ._ _� . ._ s.,.�. �. . � � � l f • r fi'q} - . . ._+.,�. �.rr . � . ��..i � �,. WILL ` �� �� � �� � -- -� OF � ''� � �:.��- „�,: r� ���'" � �'�'"3��'. � � '� �. RICHARD J. O NEILL �� ':� ,��;; � � , � '?!�, . � I, RIC�IACRD J. O'NEILL, currently of Upper Allen Township, Cumberland Co�nty,Pennsyl�ania,declare tli�s to be my Last Will and Testament,hereby revoking any '��nd all prior Wills and Codicils made by me. L I direct that all my just debts and funeral expenses be paid from the assets of my esta.te as soon as practicable after my demise. II. I direct that all estate and inheritance taa�es that maX be assessed in consequence of my death, sha11 be paid out of the principal of my general estate to the same effect as if said taxes were expenses of administration and all property includable in my taxable estate whether or not passing under this Will sha11 be free and clear thereof. III. I bequeath unto my wife, Betty J. O'Neill, all tangible personal property which I own at my death. If she predeceases me, this bequest shall pass as part of my residuary esta.te under Paragraph V below. IV. In the event that I predecease my wife, Betty, I devise and bequeath all the rest, residue and remainder of my estate unto my hereinafter-named Trustee to be held IN TRUST for the benefit of my wife, Beriy, as set forth in Paragraph VI below. V. In the event that my wife, Beriy, does not survive me, I devise and bequeath my residuary estate that would have otherwise passed under Paragraph IV above equally unto my four(4) children, namely, John A. O'Neill, Jane O'Neill Campbell, Margaret O'Neill Water and William O'Neill. If any child predeceases me,his or her share shall pass unto his or her issue per stirpes. If said c�ild leaves no issue,that share shall pass equally unto my other children or their issue per stirpes. VI. In the event that any share of my estate passes into a trust fund for the benefit of my wife, Betty; as set forth above, said funds shall be held pursuant to the following specific terms and conditions: , , r _1_ . . , � . . A. To pay to or for her benefit all the net income therefrom on a semi-annual basis. B. In addition, my Trustee may pay to or for Betty's benefit any portion of the principal of the fund that my Trustee deems necessary and proper for her maintenance, support, and medical care, including nursing home. C. Upon her death,any funds then remaining shall be divided equally among my children, or their issue per stirpes. VII. In addition to such other powers and duties as may have been granted elsewhere herein, my fiduciaries hereunder shall have the following powers and d�ties: A. To invest any funds at any time held in trust, in any stocks, bonds, notes, mutual fund shares, or other securities or properties, real or personal, or in one or more common trust funds, or collective trust funds esta.blished by the Trustees, or in securities issued by the Trustees, notwithstanding that such investments may not be of the character allowed to fiduciaries by statute or general rules of law,it being my intention to give their the broadest investment powers possible, including the power to retain any property which is placed in trust hereunder. B. To retain or to lease,sell,exchange or otherwise dispose of any property, real or personal, at any time held by them, for cash or upon credit, in such manner and on such terms and conditions as they may deem best,and no person dealing with them shall be bound to see to the application of any moneys paid. C. To borrow or loan money for any purpose in connection with the administration of the property held by them upon such terms and with such security as they may determine. D. To make any distribution hereunder in cash, in kind or partly in cash and partly in k�nd. . r _2_ . s s , • i E. In general,to exercise all powers in the management ofproperty hereunder which an individual could exercise in the management of similar property owned in his own right upon such terms and conditions as they may deem best,and to execute and deliver all instruments and to do all acts which they may deem necessary or proper to carty out the purposes of the trust. VIII. No interest of any beneficiary of my estate, either in income or principal, shall be subject to anticipation or to pledge,assignment,sale or transfer in any manner,nor sha11 any beneficiary have power in any manner to charge or encumber his interest, eitller in income or principal,nor shall the interest of any beneficiary be liable or subj ect in any manner while in the possession of my fiduciaries hereunder for the liability of such beneficiary,whether such liability arises from his debts, contracts, torts or other engagements of any type. IX. Any amounts which are payable to a beneficiary under this Will may, at the discretion of my fiduciaries hereunder,be paid to the guardian of the person andlor property of such beneficiary,to the person who has custody of such beneficiary, or directly to such beneficiary,or may be applied for the use or benefit of such beneficiary. The receipt of such guardian, custodian,or beneficiary or evidence of the application of such amounts,shall be a full and complete discharge of my fiduciaries hereunder to the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. X. I appoint my wife, Beriy J. O'Neill,Executrix of this my Will. In the event that she fails to qualify or ceases to act�as Executrix,I appoint my daughter,Jane O'Neill Campbell, Executrix of this my Will. In the event that she fails to qualify or ceases to act as Executrix, I appoint my daughter,Margaret C.O'Neill Water,Executrix in her place. In the event that she fails to qualify or ceases to act as Executrix,I appoint my son,John A.O'Neill,Executor of this my Will. In the event that he fails to qualify or ceases to act as Executor, I appoint my son, William O'Neill, Executor of this my Will. XI. In the event that any portion of my esta.te passes into a trust fund for the benefit of my wife,Beriy,I appoint my daughter,Jane O'Neill Campbell,as Trustee. In the event that she fails to qualify or ceases to act as Trustee, I appoint my daughter, Margaret C. O'Neill Water, as Trustee in her place. In the event that she fails to qualify or ceases to act as Trustee, I appoint my son, John A. 4'Neill, as Trustee. In the event that he fails to qualify or ceases to act as Trustee, I appoint my son, William O'Neill, Trustee of this my Will. XII. I direct that no bond be required of my fiduciaries for the faithful performance of the' uties in any jurisdiction. r � -3- . � r • a t IN WITNESS WHEREOF,I,RICHARD J.O'NEILL,herewith set my hand to this my Last Will, typewritten on five (4) sheets of paper including the attestation clause and signatures of witnesses, this l�f� day of ,�,1���y , 2002. � ; (SEAL) RI J. O' ILL Signed by RICHARD J. O'NEILL, by him declared to be his Will in our presence, who have hereunto subscribed our names as witnesses in his presence and at his request,this l�r� day of �,Q 2<<v , 2002. � residing at ` � V ^ . residin at � g p -4- . . . . � COMMONWEALTH OF PENNSYLVANIA : COtINTY OF �c��.b-�� l a^ a- ; WE, RICHARD J. O'NEILL, GERALD J. BRINSER and IIa..�evi�c�� ��`�� , the testator and the witnesses, respectively, whose names are signed to the attaGhed or foregoing instrument, being first duly affirmed, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will and that he 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 our knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ' i RIC RD J. O' ILL � WI SS _ P, cJ WITNESS Subscribed,sworn or affirmed and acknowledged before me by RICHARD J.O'NEILL, the testator, GERALD J. BRINSER and �a-le.-i c c�. � h ,witnesses, this t 4�'da of a�c��• L� y M , 2002. (SEAL) Notary Public � Nct�MrB.e� U�erAlen�r��� Nh►�orrn�i0r�E�s t�mber31�.2006 �►����� -5-