Loading...
HomeMy WebLinkAbout05-02-14 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA I REGISTER OF WILLS OFFICE IN RE: ESTATE OF f FRED A. GETTYS, DECEASED I f I NO. 21-2014-0193 ° W J Q 4- L•_ f3 G C U Q _ `j ix IN RE: PETITION FOR GRANT OF LETTERS o v o Cn OPINION AND DECREE OF THE REGISTER w �. AND NOW, this 1gt day of May, 2014, upon consideration of the Petition for Probate and request for Grant of Letters Testamentary filed by David H. Stone, Esquire on behalf of the Personal Representative, Decedent's wife, Yvonne W. Gettys, and certain irregularities appearing on the testamentary documents, a hearing was necessary. At the initial filing, Attorney Stone submitted a Last Will and Testament of Decedent, dated and executed May 1, 2006 (2006 Will) and a Codicil of Decedent, dated and executed January 6, 2012 (Codicil). The 2006 Will, as is typical with most wills, "revoke[s] any prior wills and codicils made by" the Decedent. The Codicil declares itself to be the sale codicil to Decedent's Last Will and Testament dated August 30, 2002 (2002 Will). The Codicil deals with only one asset, the Decedent's interest as a General Partner in the Gettys Ventures Family Limited Partnership. The Codicil states to "ratify, confirm and republish" the 2002 Will, together with the Codicil. During his lifetime, the Decedent also had drafted and executed a Revocable Living Trusted (Trust) dated April 28, 1994, with Restatements dated August 30, 2002 and May 1, 2006, coinciding with the draft of the 2 Wills in question. The crux of the issue becomes, did the Decedent truly mean to ratify, confirm and republish the 2002 Will, or was it a scrivener's error in typing in the wrong date or Page 1 �o, referencing the wrong Will. Attorney Stone testified at the hearing as to matters within his personal knowledge. Attorney Stone has worked with the Decedent and his family for many years. In fact, the Decedent was formerly a client of Attorney Stone's father when he actively practiced law. According to Attorney Stone's testimony, the Decedent used to be a resident of Florida but moved back to Pennsylvania a few years prior to his death. While a resident of Florida, the Decedent kept regular contact with Pennsylvania. The 2002 Will states the Decedent was a resident of Florida, but it was executed in Pennsylvania. The 2006 Will states the Decedent as a resident of Florida, it was drafted by a Florida attorney and executed in Florida. The 2012 Codicil states Decedent a resident of Pennsylvania and was drafted by Attorney Stone and executed in his office. Attorney Stone stated ! that periodically he would receive copies of testamentary and trust documents from the Decedent when he was in Pennsylvania or from the Decedent's Florida counsel. When the Decedent met with Attorney Stone in 2012 to draft the Codicil, Attorney Stone pulled from Decedent's file what he thought was the most current Will and drafted the Codicil against the paragraphing scheme of the Will he had before him. That will turned out to be the 2002 Will, not the most current 2006 Will. Attorney Stone's testimony is that Decedent's intent was to have the Codicil apply to the latest will, the 2006 Will. It was not Decedent' intent to ratify, confirm and republish the 2002 Will over the later executed 2006 Will. Attorney Stone further testified that Decedent's basic testamentary scheme in both the 2002 Will and the 2006 Will is that, except for personal belongings, the bulk of Decedent's assets were to pour-over into his Trust. The Codicil was to exempt out Decedent's General Partnership interest and devise and bequeath that interest to his grandson, Stephen R. Johansen instead of to the Trust. Decedent's wife was at the hearing and concurred with Attorney Stone's testimony as to the Decedent's intent. One of Decedent's daughters, Lisa Sheaffer, was also there. She stated that she personally (and on behalf of her siblings) were in agreement with Attorney Stone's testimony as to the Decedent's intent. No family members appeared to oppose the acceptance of the 2006 Will or Codicil. Page 2 WHEREFORE, based on the testimony and the evidence presented, Decedent's 2006 Will and Codicil will be admitted into Probate. Wherein the Codicil refers to the 2002 Will, it is accepted that Decedent's intent was to have the Codicil refer to and modify the 2006 Will (not the 2002 Will). Wherever the paragraphing scheme refers to the 2002 Will, it will read to modify the substantially similar corresponding paragraph in the 2006 paragraphing scheme. Therefore ITEM 1: of the Codicil should be added after Section 2.01 and before Section 2.02 of the 2006 Will and ITEM II: of the Codicil shall be accepted as to ratify, confirm and republish Decedent's 2006 Will. Upon issuance of Letters Testamentary to Yvonne W. Gettys, the Letters of Administration Pendente Lite that were issued April 8, 2014 to Attorney Stone, shall be lapse. Lisa M. Grayson, Esq., Register of Wills & Clerk of O hans' ourt Distribution: David H. Stone, Esquire Yvonne W. Gettys Lisa Sheaffer Krista Y. Johansen Jana Siegel Stephen R. Johansen Page 3 ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: FRED A. GETTYS CUMBERLAND COUNTY PENNSYLVANIA NO.21-2014-0193 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 5/1/2014 JUDGE'S INITIALS: LMG TIME STAMP DATE: 5/2/2014 IN RE: OPINION AND DECREE OF THE REGISTER .............................................................................. SERVICE TO: DAVID H. STONE,414 BRIDGE STREET,NEW CUMBERLAND PA 17070 YVONNE W. GETTYS, 1950 CHESTNUT ST CAMP HILL PA 17011 KRISTA Y. JOHANSEN 203 CARMELLA DRIVE MECHANICSBURG PA 17050 LISA SHEAFFER 309 STONE ROW LANE NEW CUMBERLAND PA 17070 JANA SIEGEL 43063 NORTHLAKE BLVD LEESBURG VA 20176 STEPHEN R. JOHANSEN 3016 YALE AVENUE CAMP HILL PA 17011 METHOD OF MAILING: ENVELOPES PROVIDED BY: TH LJ ASPS ❑ PETITIONER ❑RRR ❑ &LDGE ❑ HAND DELIVERED CLERK OF ORPHANS COURT ❑ OTHER_ MAILED: 5/5/2014 .............................................................................. SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑USPS ❑ PETITIONER ❑ RRR ❑ JUDGE ❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: Deputy Clerk of Orphans' Court