HomeMy WebLinkAbout04-04-14 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 support thereof aver(s)the
following and respectfully request(s)the grant of Letters in the appropriate form:
Monica C Dils
Decedent's Information `` '' f
Name: Claire Adelaide Rue File No: 21 — I `'► — `9!A
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 0312312014 Age at Death: 85
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 1107 Maple Street,Carlisle 17013 Carlisle Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at
Street address,Post Office and Zip Code City,Township or Borough County stale
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania...................... All personal property $ 55,000.00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $ 80,000.00
TOTAL ESTIMATED VALUE $ 135,000.00
Real estate in Pennsylvania situated at 1107 Maple Street Carlisle Borough Cumberland
(Attach additional sheets,If necessary)
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)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 0210512013 and Codicil(s)
thereto dated
State relevant circumstances(e.g.,renunciation,death ofexecutaa etc)
Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,was not divorced,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 did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
®NO EXCEPTIONS ❑ EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante mincrftate
If Administration,c.t.a ord.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs.
Except as follows:Decedent was not a party to pending divorce proceedingg 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 has/haveascertained that Decedent left no Will and was survived by the following spouse(if�and heirs(attach
additional sheets,if necessary): C z rt1
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Form RW-02 rev.ltbf 1-2011 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2
Oath of Personal Representative RECORDMIa"ME OF
COMMONWEALTH OF PENNSYLVANIA } REGISTER OF WILLS
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Monica C Dils 555 N Hanover Street CLERK OF
Carlisle,PA 17013 ORPHANS' COURT
GUMBERI:01) CO., FA
The Petitioners)above-named swears)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and
belief of Petitioner(s)and that,as Personal Representative(s)of th ee e�nt, Petitioner(s�wi�wglpyy�nd truly administer the estate according to law.
Sworn t a Dried an ubscrib d before!'Lilt(A�� —fe4X) Date Tr/
me t i ay I Date
By Date
Date
BOND Required? E] YES NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters.......................................... $ Atto.ney Signature:
((/y )Short Certificate(s)....
....
( `11 )Renunciation(s)..............
( )Codicil(s)........................
( )Affidavit(s)...................... Printed Name: Mark A.Mateya
Bond.........................................._
Supreme Court
Commission....... .......................... ID Number: 78931
Other 4
Firm Name: Mateya Law Firm
Address: 55 W.Church Avenue
Carlisle, PA 17013
Phone: 717-241-5500
Automation Fee............................
�,,� Fax: 717-241-3099
JCS Fee.......................................
TOTAL ....................................... $ E-mail: mam@mateyalaw.com
DECREE OF THE REGISTER
Date of Death: 0 312 312 01 4
Social Security No:
Estate of Claire Adelaide Rue File No: 21 ^ Q
alk/a:
AND NOW, / in consideration of the foregoing Petition,
satisfactory proof having been resented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Monica C Dils
in the above estate and(if applicable)that the instrument(s)dated 0210512013
described in the Petition be admitted to probate and fled of record;eg,t last Will(and CodicARPP Decedent.
terof Wills
Copyright(c)III form sa tware only The c. Page 2 or 2
Q
LAST WILL AND TESTAMENT rn .h
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CLAIRE A. RUE 0
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I, CLAIRE A. RUE, of the 1107 Maple Street, Carlisle, Cuffibe4and rn
Pennsylvania,make this my will. I revoke any other wills or codicils to wills made by me.p Cn C
g
ARTICLE I. DISTRIBUTION OF MY ESTATE
A. I give my tangible personal property to my husband, William F. Rue, ("my
husband"), if he survives me by sixty (60) days. If my husband does not survive me by sixty (60)
days, I give my tangible personal property to my children, Jill Maye, Monica Dils and Jeffry
Rue, share and share alike. Tangible personal property includes stamp or coin collections but
does not include other money or stock certificates or other evidences of intangible rights or
interests. Tangible personal property does not include any property that is held primarily for
investment purposes or used in connection with any business in which I may be engaged or in
which I may have any interest at the time of my death.
B. I give the amount of fifteen thousand dollars to Jill Maye.
C. I give my diamond ring to Monica Dils.
C. I give the residue of my estate to husband, William F. Rue, ("my husband"), if he
survives me by sixty (60) days. If my husband does not survive me by sixty (60) days, I give the
residue of my estate to my children, per stirpes, in shares as nearly equal as possible, at the
absolute discretion of my executrix.
D. Whenever property is to be distributed to the descendants of a person(the
"ancestor"), such property shall be divided into equal shares, one share for each then living
descendant in the first generation below the ancestor in which at least one descendant is living,
and one share for each deceased descendant in such generation who has a descendant then living.
Each share created for a living descendant shall be distributed to such descendant. Each share
created for a deceased descendant shall be divided and distributed according to the directions in
the two preceding sentences until no property remains undistributed.
E. A person who has a relationship by or through legal adoption shall take under this
will as if the person had the relationship by or through birth, except that a person adopted after
Page 1 of 6
reaching age twenty-one and descendants of such a person shall not so take.
F. Any beneficiary or the legal representative of any deceased beneficiary shall have
the right, within the time prescribed by law, to disclaim any benefit or power under my will and
the interest so disclaimed shall be distributed as if such beneficiary had predeceased me.
ARTICLE II. PROVISIONS FOR INTERESTS VESTING IN BENEFICIARIES
UNDER AGE TWENTY-FIVE
Notwithstanding the foregoing provisions, whenever any interest in my estate vests
absolutely in a beneficiary under age twenty-five, my Trustee shall retain the interest upon a
separate trust or together in one trust with other beneficiaries, as my Trustee decides at his or her
discretion, and pay to each beneficiary as much of the net income or principal according to the
following:
A. My trustee may distribute to and among my issue, or any of them from time to
time, all or any portion of the net income and such portions of the principal as my Trustee, in his
absolute discretion, may deem advisable. Such distributions of income and principal may be
made in such proportions among my issue as my Trustee, in his absolute discretion, may deem
advisable,without regard to equality, and the pattern of any distribution of income or principal
need not be followed at the time of any other such distribution. Any of the net income not
distributed by my Trustee in accordance with the foregoing provisions in any calendar year shall
be accumulated and added to the principal of this trust.
B. My trustee shall distribute to each beneficiary upon his or her twenty-fifth
birthday his or her share of the trust.
C. If a beneficiary dies before reaching the age of twenty-five years, his or her
interest shall constitute a part of the beneficiary's estate.
D. This trust shall terminate upon the earlier to occur of the following events:
(1) At such time as all of my living beneficiaries shall have attained the age
of twenty-five years; or
(2) At such time as there is no beneficiary of mine then living.
E. Upon termination of this trust in accordance with the provisions of subparagraph
D hereof, or if either of the events specified in subparagraph D has theretofore occurred,
the balance of the principal then remaining shall be distributed to my issue,per stirpes.
Page 2 of 6 G R C.A.R.
ARTICLE III. PAYMENT OF EXPENSES AND OTHER CHARGES
I desire a modest Christian funeral. I wish for my remains to be cremated. I direct my
Executor to pay my funeral and burial expenses (including the cost of a monument or marker
over my grave). I direct that my ashes be interred at Fort Indiantown Gap, Pennsylvania (or the
family plot in New Jersey), with my husband. The estate, inheritance and similar taxes assessable
on my death (including from those assets not passing under this Will) shall also be paid as a cost
of administering my estate. My Executor shall not request any beneficiary to pay any part of
such tax.
ARTICLE IV. MISCELLANEOUS PROVISIONS
A. Spendthrift Trust. To the extent permitted by law, neither the principal nor
income of any trust shall be liable for the debts of any beneficiary or, except to the extent
otherwise specifically provided, to alienation or anticipation by a beneficiary.
B. Matters of Interpretation. For simplicity, I have expressed pronouns and other
terms in one number and gender, but where appropriate to the context these terms shall be
deemed to include the other number and genders. The bold headings are for convenience and
shall not affect interpretation.
ARTICLE V. APPOINTMENT OF FIDUCIARIES AND POWERS
A. I name Monica Dils to be my Executrix. Should she fail or cease to act, I name
Jill Maye to be my Executrix (hereinafter "Executrix"). I name Lauren VanDerveer, presently
residing in Lebanon,New Jersey, to be my Trustee. If administration of my estate or trust should
be necessary in any jurisdiction where my Executor or my Trustee is unable to qualify, or if my
Executor or my Trustee deems it necessary for any other reason, I give to my Executor and my
Trustee the power to designate any individual or corporation with trust powers to serve with my
Executor or my Trustee or in my Executor's or my Trustee's stead. I request that no security be
required of any Executor or Trustee, including an Executor or Trustee named pursuant to the
preceding sentence. References in my will to my "Executor" and my "Trustee" are to the one or
ones acting at the time, except where otherwise specifically provided.
B. Any corporate Executor or Trustee shall receive for its services the compensation
Page 3 of 6 e 4 C.A.R.
for which it is willing to undertake similar services for others at the time such services are
rendered, as evidenced by its published fee schedule in effect from time to time, unless it is
willing to agree upon a fee that is less than its customary fee. Any individual who serves as
Executor or Trustee shall be entitled to receive reasonable compensation for his or her services
and, whether or not such individual receives compensation, shall be entitled to be reimbursed for
expenses incurred for such services.
C. I grant my Executor and my Trustee the powers set forth in 20 Pa.C.S. §§ 3311-
3360 and 20 Pa.C.S. §§ 7771-7780 respectively. In addition, my Trustee may merge any trust
under this will with any trust having the same trustee and substantially the same dispositive
provisions. If at any time after my death the size of any trust under this will is so small that, in
the opinion of my Trustee, the trust is uneconomical to administer, my Trustee may terminate the
trust and distribute the assets to the person or persons authorized to receive the trust income in
such shares as my Trustee may deem appropriate. No Trustee who is also an income beneficiary
of the trust at issue shall exercise any discretion granted in the preceding sentence. My Executor
and my Trustee may distribute tangible personal property passing to a minor to any adult person
with whom the minor resides, and that person's receipt shall be a sufficient voucher in the
accounts of my Executrix and my Trustee.
D. It is my desire that my Executrix or alternate Executor consult with Mateya Law
Firm in the handling of my estate, they being familiar with my affairs.
THIS SPACE LEFT BLANK INTENTIONALLY
Page 4 of 6 . C.A.R.
ARTICLE VI. DEFINITIONS
The following definitions shall be applicable to all of the provisions of my Will except
where otherwise specifically stated:
1. The use of the masculine shall include the feminine or neuter and the use of the
singular shall include the plural, and vice versa.
2. The term"estate,"where appropriate, shall include any trust hereunder.
3. The term "minor" shall mean an individual who has not attained the age of
twenty-one years.
Executed this 5-L'-day o 2013.
Claire A. Rue
Signed, sealed, published, and declared for and as her last will and testament by the testatrix in
our presence, we all being present at the same time; and we, in her presence and at her request
and in the presence of each other, have subscribed our names as witnesses whereof, all on the
date last above written.
UlM to ill OF �S(/J.0 fi� AA•, C F�
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OF /,J.
Page 5 of 6h C.A.R.
COMMONWEALTH OF PENNSYLVANIA
CUMBERLAND COUNTY, to wit:
Before me, the undersigned authority, on this date personally appeared Claire A. Rue, and
Ak-i A • RT�yB1 , and&Wn j SE-I&MIL known to me to be the
testatrix and witnesses, respectively, whose names are signed to the foregoing instrument and, all
of these persons being by me first duly sworn, Claire A. Rue, the testatrix, declared to me and to
the witnesses in my presence that said instrument is her last will and testament and that she had
willingly signed and executed it in the presence of said witnesses as her free and voluntary act
for the purposes therein expressed, that said witnesses stated before me that the foregoing will
was executed and acknowledged by the testatrix as her last will and testament in the presence of
said witnesses who in her presence and at her request and in the presence of each other did
subscribe their names thereto as attesting witnesses on the day of the date of said will and that
the testatrix, at the time of the execution of said,will, was over the age of eighteen years and of
sound and disposing mind and memory.
Sworn and acknowledged before me by Claire A. Rue, the testatrix,MAmei A A ,
witness, andZDn/mr Br19A1T1- ,witness, this., ayoq 6AA., J
12013.
Claire A. Rue
Witness 3
dWitness
c��y.ruN,P_2dJ a LGc� �
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seat
_/10_ a O lµ h M Middleton A. Twp.,r,Notary Public
M COTmlllsSlOn eX 1reS: South omrnirtan Twp.,Cumberland County
Y II _ M Commirwin Expires March 16,2014
Member,Pennsi1van!a Assodation�of Notaries
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Page 6 of 6 L�Fk C•A•R•