Loading...
HomeMy WebLinkAbout03-30-05 RHOADS & SINON LLP Stanley A. Smith Phone (717) 231-6628 Fax (717) 231-6676 ssmith@rhoads-sinon.com FILE NO, 2952/02 March 22, 2005 Re: Ms. Glenda Farner-Strasbaugh Register of Wills Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Estate of Charles G. Britton, Jr. VIA FEDERAL EXPRESS Dear Ms. Farner-Strasbaugh: We are submitting to you for probate the original Will of Charles G. Britton, who passed away on March 10,2005, a resident of Cumberland County. Enclosed are the following documents: 1. Original Will. 2. Oath of Subscribing Witness (2). 3. Death Certificate. 4. Petition for Grant of Letters. You will note that the oath of the Executor was taken by the Register of Wills of Dauphin County. 5. Estate Information Sheet. 6. Check in the sum of$423.00 representing payment of probate fee of $360.00; the cost of twelve (12) short certificates @$48.00; the JCP and fee of automation of$15.00. We have also enclosed a copy of the Petition for Probate, the Oath of Subscribing Witness and Estate Information Sheet, that we ask that you time stamp and return in the envelope provided. If you have any questions or comments regarding the enclosed filing, please contact the undersigned. Enclosures cc: Mrs. Linda C. Goddard (w/o encl) Mr. Charles G. Britton, III (w/o encl) 555895.1 Rhoads & Sinon LLP . Attorneys at Law. Twelfth Floor. One South Market Square. P.O. Box 1146 Harrisburg, PA 17108-1146. ph (717) 233-5731. fx (717) 232-1459. www.rhoads-sinon.com .J--. Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Charles G. Britton. Jr. No. dl-05-~-],~ also known as Charles G. Britton , Deceased Social Security No. 176-12-4758 Linda C. Goddard. successor Executrix due to death of Dorothv M. Britton on October 24.2002 Petttionet1s),...nolslare18yea~ofageorolder,apply(ies)for: (COMPLETE "A" OR "B" BELOW:) lD A. Probate and Grant of Letters and aver that PeUUoners are the executors named in the Last Will of the Decedent. dated Julv 8. 1992 and codicil(s) dated State relevant c1n;J..mslilO1Ce$. e.g"renunciation, death of executor, etc Except as follows. Decedent did not many, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: o B. Grant of Letters of AdminislraUon (d.b.n,c.t.a.:pendenteltte:duranteabsenlla:durantemlnorllale) PetiUoner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (IT any) and heirs' I Name Relationship Residence I ) t? .;n .. (COMPLETE IN ALL CASES.) Attach additional sheets II necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania. with 6325 Steohens Crossinc. Hamaden Townshia. Mechanicsbura. Pennsvlvania (liSlstreel,numberandmunicipaltty) ".) ,"1 ,= ::-) his/her last family or Priri~1 -". "'I( 'I residence at f\.) t..; -,,/ -::-:':;;..? -'~i:;\ I,)",'; :, Decedent. then 82 vears of ace. died March 10.2005. at 6325 Steahens Crossinc. Hamaden Townshia. Mechlliliplbura. Rlmnsvlval'iia,: (Location) ",) --'I C",) :' ,~, Decedent at death owned property with estimated values as follows: " i'-;,-'( (1ldomidled in PAl All personal property ...........................................................................................$ 100~.00 ,,' C) (If not domiciled in PAl Personal property in Pennsylvania......................................................................$ (II not domiciled in PAl Personal property in County................................................................................ $ Value of real estate in Pennsylvania ............................................................................................................................$ 225000.00 Total.................................................................................................................... $ 325 000.00 Real Estate situated as follows: Wherefore, Petitioners respectfully request the probate of the last Will presented with this Petition and the grant of tetters in the appropriate form to the undersigned: Typed or printed name and residence Linda c. Goddard 503 Russett Leaf Terrace Woods bore, MD 21798 Form RW-l Page 1 0'2 (Dauphin COunty) . Rev. W92 Oath of Personal Representative Commonwealth of Pennsylvania County of The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and hat, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. " Sworn to and affirmed and subscribed before me this /(.,-1-17 day of 71{ tVzd7 20(J5 ~ f/v1dA^C-JYIrA!f~ No. c21-05 .;).I~ Estate of (' Y-n."U s ("" ~ ~ c::r . Social Security No: \ It D - \). - L\IS'i5 Date of Death: AND NOW, ~c..':h ~~ ,2005, in consideration of the Petition on the reverse side hereon, satisfact~ proof having been presented before me, IT IS DECREED that Letters ~ Testamentary 0 of Administration are hereby granted to C) t".~,,,, r""','::, ,"":':"f 1;.::.J'1 !"," ,....~ --------- , ;;c') ':1', ""r"") .,.,~:::.~ I, , ,-IT'! ..' ~:] :'; ....0. r~) v) ",""', ("),"'.-, -Z'J ::.:,} ~i"1 _'e.. :.::1:) -.1 Decea~ j~,;) . \'-T"i o U;::I ,"/) .b.n.c.t.; peodentef~e;dlJranleabsentia:duranteminoritate in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters.......................... . Short Certificate(s).......... Renunciation.... .... .... ...... Affidavit ( )................. Extra Pages ( )............ eodieiI.~,..\ \............. JCP Fee........................ Inventory...................... . ~.~~ TOTAL................ FOnTI RW-1 Page 2 012 (Dlluphln COunty}- Rev. 9192 $ ~ .<0 $...!:!9' . cO $ $ $ $ \500 $ I 0 ' o() $ $5.00 ~~- 4 Attorney: Stanlev A. Smith I.D. No: 33782 Address: Rhoads & Sinon LLP, PO Box 1146 1 South Market Square. Harrisburq, PA 17108-1146 Telephone: 717-233-5731 CO-xYu. ~ ~il, $ L\-2g .GO Register of Wills of Cumberland County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of Charles G. Britton. Jr. Chuck Britton No. c9.1-05- ~t3 also known as . Deceased Lucv E. Knlselev (each) a subscribing witness 10 the [J cociciIll!l will presented herewllh. (each) being duly. qualified ac<:mding to law deposes and says that he/she/they waslwere present end saw the above TestaIor/rix sign the same and that helsheJthey signed as a witness at the l8Quest ofTestalor/rlx In hislher presence and [J In the presence of each other [J in the presence of the other subscribing witnesses. ~UL'1 cr. ~~ OQ=j Lucy E. Knlseley (Signetu ) f''"-.:': 0) , '. ,-,... Cl '-'P Swam 10 or affirmed and sUbscribed before me this ;2. l day of P\.?JC k .2005. No~~C l~. \) My Commission Expires: \ z- \ "- \ '" (- (Signature and seal of Notary or other oIIicial quaIilled 10 administer oaths. Show dale of expiration of NotalY's commlsslon.) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cindy 1... L.eitrel, Notary Public City of Harrisburg, Daupliin County My Commission Expires Dee 2, 2006 Member, Pef'fiSyIVf!r';if;l Assodetion of Notaries NOTE: To be taken by officer aulhoriZed 10 admlnlsler oaths. Please have present the original or copy oflnslrUmenl(s) at lime of notarization. 1'omIRw.12(OaJp111nCOully.A.... MI2) Register of Wills of Cumberland County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of Charles G. Britton. Jr. No. dl- 0'5- ~-r~ also known as Chuck Britton , Deceased Stanley A. Smith (each) a subscribing witness to the 0 codicil 181 will presented herewith, (each) being duly, qualified according to law deposes and says that helshelthey waslwere present and saw the above Testator/rix sign the same and that helshelthey signed as a witness at the [!>Quest of T estator/rix in his/her presence and 0 in the presence of each other 0 in the presence of the oth<lf1lubscribing wi esses. ~".",I r....) G.:' S~ <::> <.D Sworn to or affirmed and subscribed before me this ;;:1 day of \'I?,-c-k ,2005. (~l.C-tb:: Notary Public . My Commission Expires: i 2. \ 2. 10(,. (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission.) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cindy L. Leitzel, NotaIy Public City ofHarrisburg, Dauphin Couoty My Commission Expires Dee 2, 2006 Member, Pennsylwmla .As~od~tlon of Notaries NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of Instrument(s) at time of notarization. Form RW-12{DauphlnCOunt~ - Rev. 9192) 555288.1 " ".'\'" '.":\ This is to certify that the information here given is correctly copied from an original certificate of death dyly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent 'filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 Noo rl",,'''""#h~~~~~, \1\ll'lr~~\.\" OF PEi",-___ "'~~~~J"'" ~ ~. .~- !~_. . ~\ ~::tEi'" ~i ~~f __":':: i:~ ~ . ~ ,*~.. "'/,*1 ~* . ....~,\' \. ~ A~\\\ ,.--:?I''''fNl'~~ ~";"",,, """'Nh~II",,,JIII" ,YU'tLJ..d..-11 (1//-/')/ ./~,oatJ Local Registrar P 11336842 ~.1J /~ cQ ou5 Date Q ~) 0) -r;:-,I ("J HW5'4Jf1., .'.'87 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH o I.D TVPE;PRINT " PERMANENT IIUCK/HK , . a . ~ a ~ ~ , :'~~O'L'.'"C:' "~.=- S 6'.'~R~~TON AG€rl...B'~""'vl UNOERl YEAR _nl Dlyl STATE "lE"UMBEA SOC'Al ~ECUAlfYNUMlI.ER - DATEOfUEATI""'''''';;[)'''-';;':I--~ ,I"tlo - 1.Y -l\-"SB. 10 2005' 'OJ...." COUNfYOI'OENH OTHt:R' ::=e 0 _"""~ =",,10 ,- {,.",5q IOIAAITAlSTAlUS.M.,," ""...u."..<l,WI_e<l ~(Spec;y) ".v,h OOWt D AACE-Am."eatl''''''''',6Iec_,WM..ele ,",,,",, "W lTE SURVlVIOOSPOI;St; L1!.....~'...."-.......1 17c,~"",_nl_ln ~ 17..o::':"'=~", - ~ , . ~ OATEPAONOtJNCEOOEADiM""."D~v,Ye.') .~YIA.~I OUETOIOflJlS"CONS<:OUHICEOIt D____ I DUE'lOIOOASA,CONSEOUENCEOFj : -.- OUfTOiUfAsACONSEOUENCE 0Fl H. ,Appo-_. :inIe<val_ :...--- : ~9'l 24. M 25 27_1'llRT l; Enle< ,he di".'.I, orIjUI'" 01 """'pli<:."on...~ich """""'hedealh Do MIlan'e<lh.mo<leol<lvlng, '''''~a5c.,<li:oeol 'Upif.'oty '''.11, .fIoc. orh..n!.~",. ~,.. 00lv 0"" e~u.. on.ocno"" I'llRTN: OlnerliQll___""conl<iDutinglO<le."',boA ....._in\I..,...~QllMg;..ninPAATt , : -..---------'-.~-~"'T. : WEREAU1OPSYffNO'NGS -.LA8lli PRlOA TO COUP~ETIONOFCAl.lSli' OFOEAlH1 ::,:N~ROf4 Ace"""" [J ~.~ [] D.o.TEQF'N.,IUIlV IM",,~,. O'V. ,,"all T'UEOF'N.,IVRV IN.,IURYATWOAK? DESCfUlI.E HOW INJUAY OCCURRED Horn",... u [J o ~{&"IN:iuRY,AIi>on,-i;;'m.~'-,j"",""',OllQ u. bYoIding...."Spe.c.'''1 ,~ _ 0 NoD ~( '" [j ,~ P.,od'''<I'...........''''~ OI>RQHOiJotClNli AND CERTIFYINa PtlYlilCIAN if1"""".n ..,,,, ~'''''''''''c'ng o..~, ."0 ce..."og '" ,.u,~ oj "~.rn) Totl>ekelolmyk.....wlHII..<M4...oc:C"......tu,.II.....d."'..ndplec:.,.nd<lu.low..e.u..(.l.".,m.m..'....,.l.<l CI " ~D CO"'<l..'''l>e<leI..m",,",, .. l%RTlftEflIC~ec. """ "'''I 'ClRTlFYlNG PHYIJCIAN "'h"",,,,,, <<",,'v"''] Cd.."" u( ~e.~' ....,Of" .'M'''''' pI"~'-"" n., "'0''''''''''''' ,J..'I> d"" C"'''pl~''''' <I..n 2JI TO_IM..ol...,_no.....,"'.<M..~oec""'04<lu.Io'h.uu.....I.r><lm.nn.'.I.t.ol... OMEDICAL EllAMINliRlCORONER On In. b..I. ol...minallon .~d1'" In.....IiIl.I'on, in m~ opinion. <lUlh oe,u""d.' Ihe Iim.. d.t., ~nd place, .nd duo to Ihe ~.u..(.llnd ....nn.....II.led '" [J AEG1STAAA'SS'ONAlUAEANDN"",aEA' h"-.-.-' --------------.--~-.-i-~. 11' (I . W. /, '1/~ n v/UJr..u~ll Cl.uu . _~1fj=-_..-..---...... .,......,. lek\21678 ) LAST WILL AND TESTAMENT OF (.....:; CHARLES G. BRITTON -" - -, (,) c:~ I, CHARLES G. BRITTON, of Hampden Township, CumberlarRf county, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last will and Testament, hereby revoking all wills and codicils by me at any time previously made. ITEM I: All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM VII of this Will as an expense and cost of administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this will. ITEM II: I hereby exercise all powers of appointment which I may have at the time of my death in favor of my Executor, and all property subject to all such powers of appointment shall be included in my estate and be governed by the provisions of this Will; provided, however, that I specifically Page I of 6 pages decline to exercise any power of appointment given to me in any Will, Codicil, Agreement of Trust or other instrument executed by my wife, DOROTHY M. BRITTON (liMy Wife"). ITEM III: I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel and all other like articles of household or personal use or adornment to My Wife, if she survives me. If My Wife does not survive me, I give such articles to my then living children in as nearly equal shares as they shall select under the supervision of my Executor; however it is my wish, but not my direction, that my then living children distribute those articles identified in a list to be maintained by me in accordance with the instructions set forth in said list. The interest of any child of mine who has predeceased me shall lapse. If any of the articles hereunder cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. ITEM IV: If My Wife predeceases me, I give and bequeath the sum of Two Thousand Dollars ($2,000) to my grandson, JOHN D. COLLINS, in memory of his mother, if he survives me, or, if John D. Collins does not survive me, then I give and bequeath said Two Thousand Dollars ($2,000) to his then Page 2 of 6 pages living siblings who are children of my deceased daughter, Catherine B. Collins. ITEM V: If My Wife predeceases me, I give and bequeath the sum of Two Thousand Dollars ($2,000) to my grandson, MICHAEL G. COLLINS, in memory of his mother, if he survives me, or, if Michael G. Collins does not survive me, then I give and bequeath said Two Thousand Dollars ($2,000) to his then living siblings who are children of my deceased daughter, Catherine B. Collins. ITEM VI: If My Wife predeceases me, I give and bequeath the sum of Two Thousand Dollars ($2,000) to my granddaughter, AMY M. COLLINS, in memory of her mother, if she survives me, or, if Amy M. Collins does not survive me, then I give and bequeath said Two Thousand Dollars ($2,000) to her then living siblings who are children of my deceased daughter, Catherine B. Collins. ITEM VII: I give, devise and bequeath all the rest and residue of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, to My Wife, if she survives me. If My Wife does not survive me, I give, devise and bequeath said rest and residue in equal shares to my then living children. The interest of any child of mine who has predeceased me shall lapse. ITEM VIII: No interest in income or principal of my estate shall be subject to attachment, levy or Page 3 of 6 pages seizure by any creditor, spouse, assignee or receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM IX: Any person, who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. ITEM X: In the settlement of my estate, my Executor shall possess, among others, the following powers to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do. (b) To vary investments, when deemed desirable by my Executor, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other real or personal property as my Executor shall deem wise, without being restricted to so-called "legal investments." (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or Page 4 of 6 pages wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at pUblic or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (f) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, Death Taxes or other taxes, expenses and charges in connection with the administra- tion of my estate, and my Executor shall pay the expenses of my last illness and funeral expenses. (h) To vote any shares of stock which form a part of my estate or trust and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor to unite with any other owners of similar property in carrying Page 5 of 6 pages out any plans for the reorganization of any corporation or company whose securities form a part of my estate. (j) To assign to and hold in my estate an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. ITEM XI: I hereby appoint My Wife, DOROTHY M. BRITTON, as Executrix of this will. If for any reason My Wife should fail or cease to act, I appoint my daughter, LINDA C. GODDARD, as Executrix. If for any reason my daughter, Linda C. Goddard, should fail or cease to act, I appoint my son, CHARLES G. BRITTON, III, as Executor of this Will. All references in this Will to my "Executor" shall refer to my originally named Executor or to my successor Executrix or Executor, as the case may be. ITEM XII: My Executor shall qualify and serve without the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last will and Testament, consisting ~ t~ preceding five (5) pages, this ~- day of 1992. of this and the If,. '} " '(' " i I I ," "-"I l' ' ''o-{L/:i (' / ,~I - I ~., ../ ..I ,.-' ,~ \, Charles G. Bit ton (SEAL) Page 6 of 6 pages We, the undersigned, hereby certify that the foregoing Will was signed, sealed, pUbliShed and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. ~1 ~ .KI/\I....CJ!.tlf (SEAL) ~~ 1N1ADw~ Q./lcx1 (SEAL) (SEAL) ~~r A (( Vg{ Residing at: C(:Sfo LJooJ!creo1 dn, yHn.c~ <;j ~l ) f r Residing at: ((eN ~~ J6~\ PA 11o~ Residing at: