HomeMy WebLinkAbout03-07-14 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Petitioner(s)named below,who islare 18 years of age or older,apply(ics)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 r
Name: MARGARET T. GENTRY File No: -
a/k/a: _ _, (Assigned by Register)
a/k/a:
a/k/a: i Social Security No:
Date of Death: 2/17/2014 Age at death: 94 _
Decedent was domiciled at death in CUMBERLAND -_, County, PENNSYLVANIA (State) with his/her last
principal residence at 129 ALLENDALE WAY CAMP HILL LOWER ALLEN TOWNSHIP CUMBERLAND
Street address,Post Once and Zip Code Cry,Township or Borough County
Decedent died at 129 ALLENDALE WAY 17011 LOWER ALLEN TOWNSHIP _--- CUMBERLAND PA
Street address,Past 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 $ _ 20 000.00
ljnotdomiciled In Pennsylvania.............................Personal property in Pennsylvania $
If not domiciled in Pennsylvania.............................Personal property in County $
Value of real estate In Pennsylvania.........................I.................................... $ 262 094.00
TOTAL ESTIMATED VALUE.... $ -------2-82 094-00
__ 262,094.00
Real estate in Pennsylvania situated at: 129 ALLENDALE WAY 17011 –LOWER&LENTWP CUMBERLAND
(Attach additional sheets,fnecessary.) Street address,Post Office and Zip Code City,Township or Borough County
* A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated 1111212007 _—and Codicil(s)
thereto dated - - -- -- -----
State relevant circumstances(Cg.renanciaaon,death ofexecatar,etc.)
Except as follows:after the execution of the instruments)offered for probate Decedent did not marry,was not divorced,was not a party to a pending
divorce proceeding wherein die 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.
M NO EXCEPTIONS ❑EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration(If applicable) —
c.t.a.,d b.n.,e1b.n.c.ta.,pendente lire,durance absentia,durane minoritate
If Administration,e.t.a. or d.b,n,at,a., enter date of Will in Section A above and complete 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
Petitioner(s),after a proper search hasthave ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs[attach
additional sheets, ifnecessary):
Name _ Relationship _ Addres:sy
F _
�FamrRW-02 rev.l0/17{IOti Page 1 of
Oath of Personal Representative offi-re U.only
COMMONWEALTH OF PENNSYLVANIA )
} 55:
COUNTY OF CUMBERLAND _� }
Petitioners)Printed Name Petitioner(s)Printed Address
13 JAMES SPRING COURT
R. THOMAS GENTRY ROCKVILLE MD 20850
--- — - ---- -
��r:
r =s
The Petitioner(s)above-named swears)or at&an(s)the statements in the foregoing Petition are true and correct to the best of the� ledge and belief <->t7
s
' - of 7sefitioners)and drat,as Personal ftepresentative(s)of the Decedent,the Petitioners}will well and im}y administer the estate a� �.;g`tb law_�
Sworn to or affirmed and subscribed before 'I 1 . �'i�7 t
trie th' d y o ��,�� 20}1,4 ),bate
By: ` - v A�e7� __ — Date
' For the Register Date .
BOND Required: U YES G NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters....................... $ Zio _._ Attorney Signature:
(J� )Short Certificates(s) ... . ..
( )Renunciation(s). . ... . ....
{ }
Codicil(s) .............
( )Affidavit(s)... ... .... ... _.
Bond Printed Name: SUSAN H. CONFAIR _
Commission .................... Supreme Court
Other IDNumber. 70241
Firm Name: REALER &ADLER PC
n )Jr Address: 2331 MARKET STREET
... ... ... . -- CAMP HILL PA 17011
— —... ..... —_ Phone: 717-763-1383
Fax: 717-730-7366 _
Automation Fee . ... ... ... . ... . .. �< Emaih SGONFAIR a(7REAGERALDERPC.COM___
JCS Fee ....................... 2[}�}�r5� �C��
TOTAL_....................S �SL�C.'sL_.�
DECREE OF THE REGISTER
Estate of MARGARET T. GENTRY _ File No: - 15
a/k/a: _
AND NOW, �I�CC 1 � __ ,inconsideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS ECREED that Letters
__ are hereby granted to �' (}l QOO Al A C DA-L\
in the above estate and(if applicable)that
the instrument(s)dated l
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent.
Register corm Rw-02 rev.tmri%wtt -- Page 2 of 2
�
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November 9,2007
LAST WILL AND TESTAMENT
OF I J
MARGARET T. GENTRY t —
� r_zrT'
cn° c7
I, MARGARET T. GENTRY, of Camp Hill, Cumberland County, Pennsyldcc��'a a, beipg of_. , �,
sound and disposing mind, memory and understanding, do hereby make, publish and$ecfare thismy�-q
Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime
heretofore made.
1. IDENTIFICATION OF FAMILY. I declare that I have two (2) living children whose names
are R. THOMAS GENTRY and DONNA L. KIPP, and I have one (1) deceased child whose
name is SHARON K. GARBER. As used in this Will, the term "my children" refers to all my
natural children and adopted children. As used in this Will, the term "issue" refers to all lineal
descendants of the indicated person of all generations, with the relationship of parent and child at
each generation determined by the definition of"child/children" set forth in this paragraph.
2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my executor to pay all the
expenses of (1) a funeral or memorial service; (2) the interment of my remains, including the
costs of a gravesite, if necessary; and (3) the installation and inscription of a suitable marker at,
and perpetual care of, the gravesite. I further direct my executor to pay all of my debts that my
executor in his or her sole discretion may allow as claims against my estate.
3. SPECIFIC BEQUESTS.
3.1. I give, devise and bequeath the real property that I own, located at 129 Allendale Way,
Camp Hill, Cumberland County, Pennsylvania, to my daughter, DONNA L. KIPP.
3.2. I give, devise and bequeath the sum of Two Hundred Fifty Thousand Dollars and 00/100
($250,000.00), or the equivalent in property thereof, to my son, R. THOMAS GENTRY.
3.3. I give, devise and bequeath the cedar chest, made by my late husband, to my son, R.
THOMAS GENTRY.
3.4. I give, devise and bequeath one oil painting, of his choosing, to my son, R. THOMAS
GENTRY.
4. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. I give all of my tangible
personal property of every kind and description, including, but not limited to, books, pictures,
clothing, articles of household or personal use or adornment, household furnishings and effects,
and automotive vehicles and their accessories, but excluding any money, evidences of
indebtedness, documents of title, and securities and property used in connection with the
operation of any trade or business, in substantially equal shares, to my children, as follows: I
-I-
,)gUVaq d� ��—
Mar a t T. Gent
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direct my executor to divide my tangible personal property into two parts. The first part shall
contain all items that my executor determines to be of no present or future value or use to my
children. The second part shall contain the balance of the property. My executor shall dispose of
the first part by sale, abandonment, destruction, or gift to any charity or person. The proceeds of
any sale shall be added to my residuary estate. All property in the second part I give to my
daughter, DONNA L. KIPP. The decision of my executor shall be conclusive and binding on all
persons interested in my estate.
5. DISPOSITION OF RESIDUARY ESTATE. All of the rest, residue and remainder of the
property that I own at the time of my death, both real and personal, and of every kind and
description, wherever situated, to which I may be legally or equitably entitled at the time of my
death (my "residuary estate"), I give outright and absolutely to my children, R. THOMAS
GENTRY and DONNA L. KIPP. In the event my son, R. THOMAS GENTRY, predeceases
me, I give and bequeath his portion of my residuary estate to his wife, DONNA MARIE
GENTRY. In the event my daughter, DONNA L. KIPP, predeceases me, I give and bequeath
her portion of my residuary estate to her husband, KENNETH KIPP.
6. POWERS OF ADMINISTRATION.
6.1. Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries")
shall have the powers and authorities set forth in this Article 6. These powers and authorities
may be exercised by my executor and trustee in their sole and absolute discretion, without the
permission or order of any court. These powers shall be supplementary to those conferred by
law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania
Consolidated Statutes.
6.2. Retention of Assets. My fiduciaries shall have the power to retain any or all property of
my estate, however received and acquired, for so long as they deem appropriate. This power may
be exercised even though the property may not be of the type authorized by law for investment,
and even though the retention may leave a disproportionately large amount of the value of my
estate invested in one type of property.
6.3. Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any
property, of whatever nature, including real property, and wherever situated, that I may own at
the time of my death, or that may come into my estate or after my death. The sale, transfer, or
conveyance may be by public or private sale, at such time, on such terms and conditions,
including selling price and credit, in such manner, and for any reason that my fiduciaries deem
appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed
to my residuary beneficiaries.
6.4. Investment. My fiduciaries shall have the power to invest and reinvest any property in
my estate in preferred and common stocks, bonds, notes, common trust funds (including any
managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases,
mortgages on property wherever located, and, generally, in any property and in proportions of
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arl entry'
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property as my fiduciaries deem advisable, even though the investments are not of the character
or proportions authorized by applicable law for the investment of the funds.
6.5. Power to Borrow. My fiduciaries shall have the power to borrow money for any
purpose, for any periods of time, and on any terms and conditions as they deem advisable
(including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or
otherwise encumber any property in my estate to secure repayment of any loan, as well as the
power to renew existing loans either as maker or endorser.
6.6. Power to Hold Property in Nominee Form. My fiduciaries shall have the power to
hold any property in the name of a nominee or in bearer form.
6.7. Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended,
or other applicable law, and to determine which assets shall be sold and which shall be
distributed in kind, without notice to or consent by any beneficiary.
6.8. Distribution to Minors and Persons Under Disability. My fiduciaries shall have the
power to make distributions or payments to or for the benefit of any beneficiary who is a minor,
an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or
payments shall be made in any one or more of the following ways: (1) directly to the beneficiary;
(2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the
guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor
beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors,
including to my fiduciaries in that capacity; or (6) to any other person who shall have the care
and custody of the person of the beneficiary. There shall be no duty to see to the application of
funds so paid, provided due care was exercised in the selection of the person to whom the funds
were paid, and the receipt of the person shall be full acquittance of the fiduciaries.
6.9. Continuation or Liquidation of Business. My fiduciaries shall have the power to
continue or to permit the continuation of any business, incorporated or unincorporated, in which I
may have any interest at the time of my death for any period of time, or to liquidate the business
on any terms as they deem appropriate. This power includes, but is not limited to (1) the power
to invest additional sums in any business, even to the extent that my estate may be invested
largely or entirely in the business, without liability for any loss resulting from lack of
diversification; (2) the power to act as or to select other persons to act as directors, officers, or
employees of any business, to be compensated without regard to being a fiduciary under this
Will; and (3) the power to make any other arrangements in regard to any business as my
fiduciaries shall deem proper.
6.10. Employment of Agents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment
counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries
deem advisable in the administration of my estate.
3 ` �l
Margar T. Gentry
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6.11. Commissions. My fiduciaries shall have the power to take reasonable commissions on
account at any time during the administration of my estate without the approval of any
beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final
accounts of my fiduciaries.
6.12. Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor, or to inquire
into either the authority of my executor to enter into any transaction or the expediency or
propriety of any transaction entered into by my executor.
6.13. Charitable Donations. In the event that any of my tangible personal property is donated
to a charitable organization(s) then my fiduciary is instructed to use the value of said donation(s)
as an inheritance tax deduction for any inheritance tax return which may be required to be filed as
a consequence of my death.
7. PAYMENT OF DEATH TAXES.
7.1. Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable
as a result of taxes assessed on property passing under this Will shall be paid from my residuary
estate as a part of the expenses of the administration of the estate.
7.2. Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of
my death, limited to taxes assessed on property passing under this Will, shall be paid out of my
residuary estate and shall not be deducted or collected from any beneficiary under this Will or
other transferee.
8. EXECUTOR.
8.1. Appointment. I name, constitute, and appoint my son, R. THOMAS GENTRY, as
executor of my estate. If my son, R. THOMAS GENTRY, shall not survive me, shall not serve
as executor for any reason, or shall cease to serve as executor for any reason after appointment, I
appoint my daughter, DONNA L. KIPP, as successor executor.
8.2. Bond Not Required. None of the individuals named in Section 8.1 shall be required to
furnish a bond for the faithful performance of his duties as executor.
9. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in
determining whether a person has survived me or another person, a person shall not be deemed to
have survived me or another person if he or she dies within sixty (60) days of my death or of the
death of the other person.
4
Margaret . Gentry
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10. LIABILITY OF EXECUTOR. 'My executor shall not at any time be liable for mistake of law
or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary
under this Will, or to any other persons, except through actual fraud or willful misconduct on the
part of the executor or trustee. My executor may, from time to time, consult with counsel with
respect to the meaning, construction, and operation of this Will, particularly with respect to the
appointments, allocations, and disbursements, and may act on the advice of counsel in all matters
without incurring liability on account of his or her actions.
11. INTERPRETATION.
11.1. Successors of Fiduciaries. All pronouns referring to an executor and the term
"executor" shall be construed to mean any person acting as my executor, co-executor, personal
representative, or administrator, as the case may be.
11.2. Number and Gender. If required by the context of this Will, singular language shall be
construed as plural, plural language shall be construed as singular, and the gender of personal
pronouns shall be construed as either masculine, feminine, or neuter.
11.3. Headings. All headings used in this Will to describe the contents of each article,
paragraph, or other division are provided for convenience only and shall not be construed to be a
part of this Will.
11.4. Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of five (5) typewritten pages, the first four (4) of which bear my signature in the
margin for the purpose of identification, this 12 day of e I/ /[ 2007.-
/�1C�n!✓�/k�T � �V,tiyLl/uG/i
MARGAOkET T. GENTRY, Te ix
Signed, sealed, published and declared by the above-named Testatrix, MARGARET T.
GENTRY, as and for her Last Will and Testament, in the sight and presence of us, who, at her request,
in her sight and esence and in the sight and presence of each other, have hereunto subscribed our
names as n SYS.
soo Ar (,�7/V,7 0od4
e s s Address
Af /70 1 r
tness A ss
4A L
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November 7,2007
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
I, MARGARET T. GENTRY, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE
FOREGOING INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY
ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS MY LAST WILL AND
TESTAMENT; THAT I SIGNED IT WILLINGLY; AND THAT I SIGNED IT AS MY FREE AND
VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY MARGARET T.
GENTRY, THE TESTATRIX, THIS 12 DAY OF 7 On44 ili 2007.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Deborah L Brenneman.Notary Public
Camp Hill Baro,Cumberland County
MyCommissionExpimiune18,2010 OTARY PUBLIC
Member,Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
WE, l A . 1 )1 AND
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING DULY
QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE
AFORESAID TESTATRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL AND
TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED IT AS HER FREE AND
VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE
HEARING AND SIGHT OF THE TESTATRIX SIGNED THE WILL AS WITNESSES; AND THAT TO THE
BEST OF OUR KNOWLEDGE THE TESTATRIX WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS
OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
WORN OR AFFIRMED TO AND SUBSCRIBED TO ME,ME, THIS Z DAY OF
we-P"b� 2007.
S
COMMONWEALTH OF PENNSYLVANIA �' '�
Notaral Seal ZSS
Deborah L Brerneman,Notary Public �� c—
Camp Hill Boro,Cumberlard County
My Crnnmission Eq�kres June 18,2010
Member,Ponnayivanie Assocletlon of Nntariee
/NOTARY PUBLIC
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