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HomeMy WebLinkAbout03-22-05 PETITION FOR PROBATE & GRANT OF LETTERS Estate of ROBERT M. DAUGHERTY also known as . deceased. No. 21-05- 9. 5~ To: Register of Wills n r the County of Cumberland Commonwealth of Pennsylvania Social Security No. 577 -20-9259 The Petition of the undersigned respectfully represents that: Your Petitioner, who is 18 years of age or older and the Executor named in the Last Will of the above decedent dated October 23. 2003 , and codicils dated none . The Executor named none died . Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 32 Bullock Circle. South Middleton Township. Carlisle Decedent, then ~ years of age, died Medical Center February 20 , 2005, at Carlisle Regional Except as follows, 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: Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in PA (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania, situated as follows: $550.000.00 $ $ $ FORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented Cl b grant of letters testamentary thereon. esidence(s) of Petitioner(s): 95 Alexander Soring Road. Suite 3 Carlisle. PA 17013: 717-249-6333 COMMONWEALTH OF PENNSYLVANIA J"'....") OATH OF PERSONAL REPRESENTATIVa;;j~~ ,__i~j:::~O . ,.' :;'>~~- !~}J ,-" / "..,..-... ~~::~ ~:j ~ ss C'.) COUNTY OF CUMBERLAND The Petitioner(s) above named swear(s) or affirm(s) that the statements in the for~going petitmn a~~ true and correct to the best of the knowledge and belief of Petitioner(s) hat as personal represen~ive of the above decedent, petitioner(s) will well and truly administ acc rding to law. Sworn to or affirmif-m subscribed before me this day of ~i1'~ No. 21-05- od-.54_ Estate of ROBERT M. DAUGHERTY, deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, March , 2005, in consideration of the Petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument{s) dated October 23. 2003 described therein be admitted to probate and filed of record as the Last Will of Robert M. Daugherty ; and Letters Testamentary are hereby granted to James D. Hughes SALZMANN HUGHES PC C- \'^ ~ FEES Probate, Letters, Etc. . . . . . . . $ 460.00 Short Certificates{ -3- ) . . . . $ 12.00 Renunciation{s) ... . . . . . . . . $ JCP '" . . . . . . . . . . . . . . . . . $ 10.00 Automati.on Fee. . . . . . . . . . . $ 5.00 Other Will . . . . $ 15.00 TOTAL: .... $ 502.00 Filed........................... . James D. Hughes. Esq. (58884) ATTORNEY (Sup. Ct. 1.0. No.) 95 Alexander Spring Road, Suite 3 Carlisle. PA 17013 ADDRESS 717-249-6333 PHONE H IO.).XO_"i RE\/ 1/0_'::; This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ,/ .YPElPAINl 'N ERMANENT :lLACK INK fil !!J ! ".. j "... ~ .....:> .....l ',::> "- ..L '>... 1S o WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 ~~:c~~~~ p 11330028 No. rES 2 2 2005 Date c:) .:- 0:) Hl05.l43 Rev. 2JB7 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICAl E OF DEATH tlAME OF DECEDENT (FlrSI, Middle. LaSI ,. Robert M. Daugherty AGE (LaS! Bir1hdavl UNDER 1 YEAR UNDER 1 DAY 84 Yrs Months Days Hoor.J! Mirlute:s .. COUNTY OF DERH SEX ..Male STATE FILE NUMBER SOCIAL SECURITY NUMBER 577 - 20 ~ ~ til o u. o w ~ 2 ~::lty}O ~\ Cumberland tl>. RACE - American Indian. Black. White, elc. (SpoaIy) ,..White SUAVIVING SPOUSE tIl iIlIie. g...,. matderl name} DECEDEJo.lT'S USUAL OCCUPRION (~f;:i~~;;:~~ru':ir:~~r~ Colonel .... 17b.County Cumberland 17d.O :t.:'~~a:.~i:=Of MOTHER'S NAME (First, Middle, Matdin Surname) 19. Nan Murray INFORMANT'S MAILING AOORESS IStrl!lttl. City/1i:Jwn, Slale. Zip Code) .~. 1308 Gear etawn Circle; Carlisle, PA 17013 PLACE OF DISPOSITION - Nama of Cernelllry, Crematory LOCATION - Citylfown. State, lip coo. lor Other PIKe ",Arlington National Cailete "d. Arlington, VA NAME AND ADDRESS OF FACILITY J\1I'1ing Brothers Funeral Heme, Inc., Carlisle, PA citylboro, 2005 ... 27. PART I: Ent.r Ihe disuses, injuries or cDmplicalKlns which caused the dealh. Do liS! onty ona cause Dn each line, PART II: Other significant condttions conlributlng 10 dealh, bUI flOC ruWllng in Ihe undel1ying caUM given in PART I. /l N~Y" (... E (l/C,C /,/~/YZ.o/Ar ffr (d'~~~~r,)l't'~c';.,o')i... ",,/1'7 ,/V/l./t.(!-)-r OUE TO lOA AS A CONSEOUENCE Of): t : WERE AUTOPSY FINDINGS AVAILABLE PAIOR m COMPLETION OF CAUSE OF DElJH? DUE TO lOA AS A CONSEQUENCE Of); J.AANNER OF DEATH DATE OF INJURY IMonlh. Day, Year) TIME OF INJURY INJURY AT 'oNOAK? DESCRIBE HOW INJURY OCCURRED. rY D D D D o ~~'CE OF INJURY. AI home,lar';~;e.I, factory, olflce bvildlng,elc.ISpl!lC,lvl 300. Nalural Homicide Vn D NoD PQndlng lrW.3Ugatlon M. joe. ~uld nol be dellrmlned Vn D No 0 Suicide .2". 28b. CERTIFIER (Check only onel 'CERTIFYING PHYSICIAN (Phl'SlCliln cerUlyinlJ cause of dealh when olnOlher phVSlclCln has pronounced death anocornpleted Ilem 231 To thl bael 01 my know1edo-. death oc:currrd dIM to the c;ll..ae(.' and mlnner I. lItatH. . Ild- "b. L1CENSE';UMJ.':- V.:::> 7 / t? ~ C-. .PRO~IOUNCING AND CERl'IFVING PHYSICIA.N (PhYSOCllln bolh ;)ronounCI("lQ deollh olndcer1"l'lflg 10 cause 0/ dealnl To the bHl Dt my knowladg... dealh occurred at thallma, dale, and plIca. and dUI 10 lhl c.u3e(s) and mllnner IS slaled "MEDICAL EXAMINER/CORONER On the basis 01 e:umlnallon andlor invesUgalion.ln my opinion, death occurred .1 the lime, dale, and place, and dUI to the eause(s) and manner as stated.. , , . . . . , . . . . . . . . . , . _ , . . . 31a. 33. REGJSTAAA'SSIGNATUAEANDNUMBER .~ ... ...... c-..... . l\J L1n..I.Nl \-\ ,'---ell\: ~ I \ i Ol,( \ ,0 I D 34. LAST WILL AND TESTAMENT I, ROBERT M. DAUGHERTY, of South Middleton Township, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be ~y Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. o ~i~: , ;>) tia~nall ~: my ::,/' ~~):.: 0..) debts, funeral and administrative expenses as soon as convenient after my deceas~: r.Funhermpre, ONE. I direct my Executor or Executrix, as the case may be, I direct that all state, inheritance, succession and other death taxes imposed or p~a.Me by r~ason u' of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromIse , claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. fts THREE. I hereby give, devise and bequeath all of my estate of whatever nature and wherever situate to my daughter, JOYCE D. POWERS, absolute, provided however, her share shall be held in trust subject however to the terms and conditions of Paragraph Four below. In the event that she predeceases me or disclaims this interest for whatever reason, then in that event, this share shall be given, devised and bequeathed to the U.S. ARMY WAR COLLEGE FOUNDATION. FOUR. For the lifetime of my daughter, JOYCE D. POWERS, her inherited share pursuant to Paragraph Three above shall be held in trust by the hereinafter mentioned Trustee according to the following terms and conditions: The Trustee, as well as my representative, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of my daughter so as to supplement the other readily available assets and sources of income (including any governmental aid or benefits) then available to my daughter or to accumulate it in the sole discretion of the Trustee. The sums so deemed necessary to supplement the other readily available assets or sources of income (including any governmental aid or benefits), whether all or a part of principal or interest income, may be accumulated or expended by the Trustee for the use and benefit of my daughter as in the Trustee's sole discretion seems proper for her support, maintenance, education, medical care or general welfare, keeping in mind that the main purpose of this trust is to provide a supplement for my daughter, including support for her guardian to be used on her behalf, without disqualifying her from being eligible for any governmental aid or benefits. In the event that the existence of this trust would disqualify my daughter from eligibility for significant governmental aid or benefits or should any interest hereunder, whether income or principal, while undistributed and in the possession of the Trustee, be subject to attachment, execution or sequestration by any creditor, assignee, subrogee or provider of benefits, aid or care of, to or for my daughter, then this trust may, at the sole discretion of the herein named Trustee, be immediately terminated and the then remaining principal and accumulated or undistributed income shall be divided and distributed to the residual beneficiary of this my Last Will and Testament as set forth in Paragraph Three above. To the extent that the Trustee does not elect to terminate this Trust as stated above, this trust shall continue for the lifetime of my daughter as set forth herein whereby 2 A upon my daughter's death, the then remammg principal and income hereof shall be distributed to the residual beneficiary set forth in Paragraph Three above. FIVE. I make the following provisions pertaining to generation-skipping transfers: A. My Executor or Executrix, as the case may be, may allocate any part of my generation-skipping tax exemption which I have not irrevocably utilized during my lifetime in such manner as my Executor or Executrix shall determine. B. My Executor or Executrix may elect not to have the deemed allocation provisions of Section 2632(b) of the Internal Revenue Code of 1986, as amended ("the Internal Revenue Code") apply to transfers made by me during my lifetime. C. To the extent that the allocation of any generation-skipping tax exemption would not result in a particular trust being completely exempt from the generation-skipping tax, the Trustee shall separate such trust into two trusts, one of which is exempt from and one of which is fully subject tot the generation-skipping tax. In the case of a trust which has not received assets at the time the exemption is allocated, the separation shall occur prior to any funding of the trust. A trust which is completely exempt from the generation-skipping tax shall be referred to as an "exempt trust" and a trust which is subject in any part to the generation-skipping tax shall be referred to as a "non-exempt trust". D. If the Trustee separates a trust into an exempt trust and a non-exempt trust under the immediately preceding paragraph: (1) Any person who has a power of appointment with respect to that trust may exercise such power differently as between the exempt trust and the non-exempt trust. 3 fr: '~ (2) The percentage or fraction of principal that a beneficiary may withdraw shall be calculated with respect to the total principal held in both the exempt and non-exempt trusts. However, so long as there is any principal held in the non-exempt trust, to the maximum extent possible any withdrawal shall be paid from the non-exempt trust. (3) If the Trustee has the discretionary power to distribute income of a trust among "skip persons" and "non-skip persons" as defined in Section 2613(b) of the Internal Revenue Code, the Trustee may exercise such power differently as between the exempt trust and the non-exempt trust. E. In making any distributions hereunder for the vanous beneficiaries my fiduciaries may allocate among such distributions assets which are exempt from generation- skipping tax equally or pro rata or on such other basis as they shall in their sole and absolute discretion determine, taking into account possible needs of beneficiaries for distributions of principal, possible appreciation in the value of trust assets during the lifetimes of the beneficiaries or such other factors as the fiduciaries consider significant. F. The Trustee may combine into a single trust two exempt trusts for the benefit of the same beneficiary; similarly, the Trustee may combine non-exempt trusts for the same beneficiary. G. No power to expend principal of an exempt trust for a beneficiary who is a "non-skip person" as defined in Section 2613 (b) of the Internal Revenue Code may be exercised by the Trustee so long as there is any principal held in a non-exempt trust and in which the trustee has a similar power to expend principal for such beneficiary. 4 ~ H. In addition to all other powers set forth in this my Last Will and Testament, if at the death of a beneficiary, including a person who becomes a beneficiary pursuant to the exercise of a power of appointment under this Will, there is principal held in a non-exempt trust for that beneficiary and if in the absence of this power of appointment there would be a taxable termination with respect to such trust as defined in Section 2612 of the Internal Revenue Code, such beneficiary shall have the power by will containing a specific reference to this power of appointment to appoint any part or all of such principal outright to anyone or more of his or her creditors and the creditors of his or her estate. Upon the beneficiary's death, to the extent he or she fails to exercise effectively such power of appointment, the Trustee shall pay to the beneficiary's estate or to the tax authorities an amount equal to any increase in estate, inheritance and other death taxes, and interest and penalties thereon, payable because of the inclusion of the unappointed principal in the beneficiary's estate for tax purposes. The remaining unappointed principal shall be distributed in accordance with the terms of the trust. SIX. I hereby nominate and appoint JAMES D. HUGHES to be the Executor of this my Last Will and Testament. If he has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint REBECCA R. HUGHES to serve as Executrix of my estate, whereby the substitute Executrix shall have the same powers as the original Executor hereunder. SEVEN. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. EIGHT. No Executrix, Executor, or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. y 5 NINE. No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. TEN. The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in.accordance with the laws of the Commonwealth of Pennsylvania. ELEVEN. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue pursuant to Paragraph Three hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. TWELVE. The Trustee, as well as my Executor or Executrix, shall have the following powers, in addition to those vested in it by law, for my property held for the benefit of my beneficiaries, whether income or principal, exercisable without court approval and effective until the distribution of all property under the terms of the trusts set forth in Paragraphs Four and Five above: The Trustee, at its discretion, may compromise claims, borrow money or retain property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property /P 6 for such prices and on such terms in public or private transactions as it may deem proper; and invest trust property and income without restrictions to legal investments. The determination of the Trustee with respect to the advisability of making payments out of the income or principal to any heir or beneficiary inheriting hereunder shall be conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. THIRTEEN. I hereby nominate and appoint JAMES D. HUGHES, or if he is not able or does not serve for whatever reason, REBECCA R. HUGHES , to serve as Trustee of the trust created in Paragraph Four hereof FOURTEEN. After much consideration, I hereby specifically exclude from this my Last Will and Testament my grandson, MICHAEL C. CHARLES and his spouse, DIANE CHARLES. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 7-] day of October, 2003. ~:~:Jk) 7 Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. 8 ACKNOWLEDGMENT AND AFFIDA VIT WE, ROBERT M. DAUGHERTY, JAMES D. HUGHES and ANGELA F. UNGER, the testator and witnesses respectively, whose names are signed to the 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 Testament, and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness 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 und I'~ ELA F. UNGER COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by ROBERT M. DAUGHERTY, the testator herein, and subscribed and sworn to before me by JAMES D. HUGHES and ANGl:LA F. UNGER, witnesses, this~,3rd day of October, 2003. Notarial Seal Tricia L. Bailey, Notary Public South Middleton Twp., CumbertaDd County My Commission axpires Sept. 24, 2006 ~~.~I~, Notary Public 9