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HomeMy WebLinkAbout02-0453 PETITION FOR PROBATE and GRANT OF LETTERS Estate of \.If)hn ~~ 011:PH[:JI1:v,uNo. a..,-o~- '153 also known as ... r ", .J/JfP:, . To: ...s ~. Register of Wills for the . Deceased. County of Q..u m b (r Ie,. n d.. in the Social Security No. .:;. :~~"' ...~ ~. I ~ ,2 2. j Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut.~ in the last will of the above decedent, dated If) A-Rc H J .;;). and codicil(s) dated named ,19iLL (state relevant circnmstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cu (Yl b ;u-/~ II cl.. County, Pennsylvania, with h 15 _ last family or principal residence at 02,9 ~9 v~ j~ ~ 1''8' .pD. t3,'-r- q 'A,)- Crt.Y'rj p HI //; ~A . CO-YY} _ _ _ _.Qr. (list street, number and muncipality) UDol , Decendent, then '7 S years of age, died at C-tn..-r I 0 tt-~ I ('J . L . 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: :;:U) ~DO:L , 1"9 Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (If not domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: 79. O()o. r $ $ $ $ WHEREFORE, petitioner(s) respectfully presented herewith and the grant of letters (testamentary; adml istration c.I.a.; administration d.b.n.c.t.a.) theron. ~ '" <r ~ -;;;- ~.e ~ 1;" II.J 70 '~i!414-r,^-" ~ 'E' --I- C~<:'_~f\._l d ,,-) (' ~ fL /~ r6PtI-{'7I/.)~O''l> -g .g P b 8 (' y: q ..J 5 ;:"iJ 0 -.c\. Vn () 1./-1 ", ..p ~ ) '10() I ~o.. Q) '- :; 0 0; " OJ) Ci'i OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA I ss COUNTY OF G..-u Y)'vl>e.r/ct nd J The petitioner(s) above-named swear(s) or 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 that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. r~ic)g;'c ~ rJ .~~-r.J ;:s 1::l ..... l::: ~ ~ 11-'~-5 No. 21-2002-453 Estate of JOHN S. STEPHENSON , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW MAY 9TH, ~ 200~ 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 MARCH 12TH, 1999 described therein be admitted to probate and filed of record as the last will of JOHN S. STEPHENSON TESTAMENTARY GERALDINE: A. STEPHENSON and Letters are hereby granted to FEES Probate, Letters, Etc. ......... $ 200.00 Short Certificates( ~ . . .. . . . . .. $ 9 .00 Renunciation ................ $ X-PAGES (8) $ 24.00 JCP TOTAL _ $ 5.00 Filed . .~'!. .~~!. .2.qQ?.......s. .?~~...Qq. . ~C-~jiJ<U~ . Register of Wills ~ ~ MARY C. LEWIS ,. f A TIORNEY (Sup. Ct. 1.0. No.) ADDRESS PHONE -., ,~'" ~\, d l'..J I CG ...... '.c. LE'ITERS AND ORDER TO BE PICKED UP BY EXEClITRIX LAST WILL AND TESTAMENT ;))-OJ-46 a OF JOHN S. STEPHENSON I, JOHN S. STEPHENSON, of Camp Hill, Cumberland County, Pennsylvania, and also of Kingston, Ontario, Canada, being of sound mind and disposing memory, though I realize the uncertainty of this life, I have full confidence and trust in my Lord and Savior, Jesus Christ, in His death on the cross for my sins and in His shed blood as an atonement for my soul; and I know by faith that because of His sacrifice on the cross for me I have eternal life, do hereby make this Will, hereby revoking all my former Wills and Codicils: Preliminary Statement: This is my second marriage. Both Geraldine and I have children from prior marriages. My first priority, if I die first, is to see that Geraldine is provided for to the best of my ability, with a second priority to provide some inheritance for our respective children regardless of which of us dies first. We do not have either a prenuptial or post nuptial agreement, but are relying on the faith we have in each other to be fair in seeing that our respective children receive an inheritance upon the death of the second to die, if there is any estate left to be inherited. We each brought into our marriage roughly equal assets, though Geraldine has some insurance which names her son, David, as beneficiary, and she also has some gas or oil well investments that may have potential; and they also are to be left to David, if they do develop into anything. Other than that, it is our desire to have the remainder of the estate of the second to die divided into two shares, with one share for my children and the other share for David. In our separate wills, we will each provide how our separate shares are to be allocated and distributed. This preliminary statement is not to be construed as creating a joint will with Geraldine, but is an attempt to explain to the family what Geraldine and I have discussed doing with respect to our estates. We are trying as best we can to do the right thing. Article One: Tangible Personal Property: ~ 1.1 I bequeath all my tangible personal property to My Wife, Geraldine A. Stephenson, ("My Wife"), if she survives me. If My Wife does not survive me, I bequeath all my tangible personal property in accordance with the terms of a Personal Property Memorandum I may prepare. If no such memorandum is located or received by the Executor within 60 days after being appointed as such, after conducting a reasonable search for such memorandum, the Executor shall be held harmless for distributing such property as hereinafter provided. ~ 1.2 I direct that all personal property assets not disposed of by my Personal Property Memorandum, or all of such property if no such memorandum is located or received, shall be sold and the proceeds shall pass as a part of my residuary estate. ~ 1.3 To the extent practicable in the Executor's sole discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to such property. Article Two: Residue: ~2.1 I devise and bequeath all the residue of my estate of whatever nature and wherever situated to My Wife, if she survives me. If My Wife does not survive me, I devise and bequeath all the residue of my estate to be divided into two equal shares and distributed as follows: ~2.2 One share shall be distributed to my children, per stirpes; subject to the provisions of ~2.4 hereinafter. As of the date of this Will, my children are: Randolph B. Stephenson of Charlotte, NC; Roderick S. Stephenson of Charlotte, NC; John M. Stephenson of Palm Beach, FL; and Pamela S. Owens of Gray, TN. ~2.3 One share shall be distributed to My Wife's son, David B. Drover, of Orlando, FL, per stirpes, whom I consider to be my stepson, subject to the provisions of ~2.4 hereinafter. If David B. Drover does not survive me and is not survived by issue, then this share shall go to My Wife's niece, Beth I. Brown, of Richmond, Ontario, per stirpes, subject to the provisions of ~2.4 hereinafter. ~2.4 I give to the Trustee hereinafter named any share passing hereunder for any beneficiary who shall not have attained the age of twenty-two (22) years, to be held, administered and disposed of in accordance with Article Three hereof (the "Beneficiary's Trust") for the benefitof such beneficiary. Article Three: The Beneficiary's Trust: ~3.1 The Trustee shall hold, manage, invest and reinvest the assets of the Beneficiary's Trust, collect the income thereof and: 2 ~3.1.1 While the beneficiary of the Beneficiary's Trust (the "Beneficiary") is under eighteen (18) years of age, the Trustee shall apply to or for the benefit of the Beneficiary so much of the net income and, if the net income is insufficient, so much of the principal of the Beneficiary's Trust as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including preparatory, college and graduate education, and professional, vocational or technical training, taking into account other available funds, including the Beneficiary's assets. The Trustee shall annually accumulate any net income not so distributed and add the same to the principal of the trust property. ~3.1.2 After the Beneficiary attains eighteen (18) years of age, the Trustee shall distribute to or for the benefit of the Beneficiary the net income of the Beneficiary's Trust in quarter-annual installments, or more frequently if the Trustee deems it advisable, and so much of the principal as the Trustee shall from time to time deem necessary or proper for the Beneficiary's health, maintenance, support and complete education, including college and graduate education, and professional, vocational or technical training, and to assist the Beneficiary with reasonable wedding expenses, in the purchase of a principal residence or in the establishment of a profession or business considered a good risk by the Trustee, taking into account other available funds, including the Beneficiary's assets. ~3.1.3 At any time after the Beneficiary attains twenty-two (22) years of age, the Beneficiary may withdraw any or all of the principal of the Beneficiary's Trust. ~3.1.4 If the Beneficiary dies before the complete termination of the Beneficiary's Trust, the Trustee shall distribute the property then held in trust to such persons or corporations, (including the Beneficiary's estate), in such amounts and upon such trusts, terms and condition, as the Beneficiary by last Will may appoint by specific reference to this general power of appointment; provided, however, any portion of the trust property not subject to the Beneficiary's power of withdrawal immediately prior to the Beneficiary's death may only be appointed to one or more of the Beneficiary's issue, in such amounts and upon such trusts, terms and conditions as the Beneficiary by last Will may appoint by specific reference to this special power of appointment. Any property not so appointed shall be distributed to the Beneficiary's then living issue, per stirpes, or if none, to my then living issue, per stirpes. Article Four: Appointment of Fiduciaries: ~4.1 I appoint My Wife as Executrix of this Will. If My Wife is unable or unwilling to act or continue to act, for any reason whatsoever, I appoint my sons, Roderick S. Stephenson and John M. Stephenson, to be first, contingent Co-Executors of my Will. If neither of them is willing or able to serve, then I appoint my son, Randolph B Stephenson, to act as second, contingent 3 Executor. Because my stepson, David B. Drover, has a potential, major beneficial interest in my estate, I ask all of my sons in their capacities as Executor to consult with him and seek his input in settling the estate. All references herein to the "Executor" shall mean my originally appointed Executrix or my successor Co-Executors or Executor, as the case may be. ~4.2 I appoint my Executor to also serve as Trustee of any trust created by this Will, and as Guardian of the property of any minors who would be a beneficiary under this Will. Article Five: Powers of Fiduciaries ~5.l No fiduciary under this Will shall be required to give bond or other security for the faithful performance of the fiduciary's duties. ~5.2 Any such fiduciary shall have the following powers, in addition to those given by law: ~5.2.1 To invest in, accept and retain any real or personal property, including stock of a corporate fiduciary or its holding company, without restriction to legal investments; ~5.2.2 To sell, exchange, partition or lease for any period of time any real or personal property and to give options therefor for cash or credit, with or without security; ~5.2.3 To borrow money from any person including any fiduciary acting hereunder, and to mortgage or pledge any real or personal property; ~5.2.4 To hold shares of stock or other securities in nominee registration form, including that ofa clearing corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; ~5.2.5 To engage in litigation and compromise, arbitrate or abandon claims; ~5.2.6 To make distributions in cash, or in kind at current values, or partly in each, allocating specific assets to particular distributes on a non-pro rata basis, and for such purposes to make reasonable determinations of current values; ~5.2.7 To make elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift or other tax returns and the payment of such taxes, without obligation to adjust the distributive share of income or principal of any person affected thereby; ~5.2.8 To allocate, in the Executor's sole and absolute discretion, any portion 4 of my exemption under Section 2631 (a) of the Internal Revenue Code to any property as to which I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation prior to my death; ~5.2.9 To create, except when the fiduciary is a beneficiary of the subject trust, with respect to all or any part of the principal of any trust hereunder, including a pecuniary amount, by a written instrument a general testamentary power of appointment within the meaning of Section 2041 of the Internal Revenue Code in any beneficiary thereof and to eliminate such power for all or any part of such principal as to which such power was previously created and to divide trust principal into two fractional shares based upon the then portion of the trust that would be includable in the gross estate of the beneficiary holding such power if he died immediately before such division (in which case the power shall be over the entire principal of one share and not the other), with each share being administered as a separate trust, unless such fiduciary shall thereafter elect to combine such separate trusts into a single trust; to exercise the foregoing discretion to create or eliminate a general testamentary power of appointment when such fiduciary determines that the inclusion of the property affected thereby in the beneficiary's gross estate may achieve a significant savings in transfer taxes by having a federal estate tax in lieu of a Chapter 13 tax imposed by the Internal Revenue Code on the property subject to such power of appointment or may achieve significant income tax benefits; ~5.2.10 To disclaim any interest I may have in any estate if the Executor deems such disclaimer to be in the best interests of my estate and the beneficiaries thereof; ~5.2.11 To terminate any trust created herein, the principal of which is or becomes too small in the Trustee's discretion to make the establishment or continuance of the trust advisable, and to make immediate distribution of the then remaining trust property to the beneficiary then entitled to the income of the trust property or, if there is more than one beneficiary, to the beneficiaries then entitled to the income of the trust property in proportion to their respective interests therein or, if such interests are not defined, in equal shares to such beneficiaries; provided, however, no Trustee shall participate in any decision to terminate such trust if by reason of such termination such trustee could receive a distribution of trust property from such trust as aforesaid. The receipts and releases of the distributee(s) will terminate absolutely the right of all persons who might otherwise have a future interest in the trust, whether vested or contingent, without notice to them and without the necessity of filing an account in any court; and ~ 5.2 .12 To merge any trust created hereunder with any other trust or trusts created by me or my spouse under will or deed, if the terms of any such trust are then substantially similar and held for the primary benefit of the same person or persons. 5 , , Article Six: Provision for Taxes: ~6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar nature payable by reason of my death to any government or subdivision thereof upon or with respect to any property subject to any such tax ("Death Taxes"), and any penalties thereon, shall be paid by the Executor out of the principal of that portion of my estate disposed of by Article Two of this Will, and all interest with respect to any such taxes shall be paid by the Executor out of the income or principal or partly out of the income and partly out of the principal of such portion of my estate, in the absolute discretion of the Executor, without reimbursement from or apportionment among the beneficiaries, recipients or owners of such property for any such taxes, penalties or interest; provided, however, the Executor shall not pay any such taxes, penalties or interest attributable to any property included in my estate solely because of a power of appointment thereover which I possess but have not exercised or any qualified terminable interest property; provided further, however, the Executor shall not pay any supplemental federal estate tax, or any penalties or interest related thereto, imposed by Section 4980A( d) of the Internal Revenue Code, which supplemental federal estate tax, together with any penalties or interest related thereto, shall be borne by the recipients of the qualified plan benefit (including my estate if it is a recipient of any such benefit) giving rise to such supplemental federal estate tax in proportion to their respective interests therein. Article Seven: Provision for Debts and Expenses: ~7.1 I direct that any of my legally enforceable debts, any expenses of my last illness, funeral and burial, and any of the administrative expenses of my estate shall be paid from the principal of that portion of my estate disposed of by Article Two of this Will. Article Eight: Miscellaneous Provisions: ~8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal Revenue Code of 1986, as amended from time to time, or the corresponding provision of subsequent law. ~8.2 Whenever a discretionary distribution of net income or principal is permitted pursuant to any trust created by this Will, if such distribution may be made in whole or in part to a person who is then a trustee of such trust, such person say not participate in any way in the decision whether to make such distribution. No trustee who is under a legal obligation to support a 6 . . beneficiary of a trust created hereunder shall participate in the exercise of any discretion granted to the trustees of that trust to distribute net income or principal in discharge of that legal obligation. Furthermore, no trustee shall enter into any reciprocal arrangement with any other trustee for the purpose of indirectly exercising a power prohibited hereunder. ~8.3 Whenever the Trustee is directed to distribute property to or for the benefit of any beneficiary who is under (a) eighteen years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in the Trustee's sole discretion exercised in good faith), the Trustee may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by the Trustee (including the Trustee), under any applicable Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, may distribute such property directly to such beneficiary's estate, or may distribute such property directly to such beneficiary (except if any of the conditions hereinbefore described in (b) apply), without liability on the part of the Trustee to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. ~8.4 Except as otherwise may be provided in this Will, during the continuance of any of the trusts created under the provisions ofthis Will, and thereafter until the property is distributed to and received by any beneficiary hereunder, the principal sums thus held in trust for any beneficiary, respectively, and the income thereof shall not be subject to or liable for any contracts, debts, engagements liabilities or torts of such beneficiary now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and such beneficiary shall have no power to sell, assign or encumber all or any part of the principal sums or such beneficiary's interest therein, respectively, or the income thereof, or to anticipate the income. ~8.5 If any beneficiary hereunder should die within thirty (30) days after me or within thirty (30) days after any other person the survival of whom determines his rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person for all purposes hereunder. 7 IN WITNESS WHEREOF, I JOHN S. STEPHENSON, have hereunto set my hand and seal to this, my last Will, typewritten on nine (9) sheets of paper, including the self-proving attestation clause and signatures of witnesses, this /2 'D. day of f7-J4A Gu 1999. ~ .J ~f~ JO S. STEPHENSON . Signed, sealed, published and declared by the above named JOHN S. STEPHENSON as (SEAL) and for his last Will, in the presence of us and each of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. .:KnJlro lY) -m0.,JVJ2j_ Residing.! C COVlIV'1^,? LLf..,(#$ Pt.. c L P jh I" III L ( ~ /,4. n d 1/ S L l. R'ao.JYJ 2. ~ Residing at s C / /!. ~CtE /)~, VC ~ f?~~~ C/}hr //ILt.., f/fil, /'1QI, Residing at 107 fiI/ L. t/~ j?- ~ (J4/7p h0L<.- /,//, I (701/ COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND We, JOHN S. STEPHENSON, ) (,'/4;("; /1, n~A'< L f.l'7 f v.J#/,.r l!. , J. 13 <f"Ap.r~ .IT? I 'T (4 the 13 t=A 1\ testator, and and , the witnesses, whose names are signed to the attached or 8 . " 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; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the Will as a witness and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. ~,g~ JOHN S. STEPHENSON ~OJWYlrn. f()cvJWQ(J Witness p IJ~ ~V~~.) Witness (" n _.V 1A 0'l JV\) ~ l~o...~ Witness Subscribed, STEPHENSON, the testator, /< /4(( ~IV f1, nJ4~ 1<1.-1; '7' , sworn to and acknowledged before me by JOHN S. and subscribed and sworn to before me by JIA [rl,v I! p rFJ4fl. j) and f-. !) Ef<. fVtl ):-z I '7 If the witnesses, this I ~+fL day of If/orcA , 1999. ?~a~((~- Not Public My Commission expires: SEAL NOTARIAL SEAL GEORGANN E. KEGS, NotaIy PublIc Camp HI. Cumb8l1and Counly Commission expires Feb. ~, 2000 9 3 CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: John S. Stephenson Date of Death: April 20, 2002 File No. 2002-0453 PA File No.21-02-0453 To the Register: I certify that notice of beneficial interest required by Rule 5.6 (a) ofthe Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on May 29, 2002: Name Address Geraldine A. Stephenson 58 Point St. Mark Drive Kingston, Ont. K7K 6L8 Randolph B. Stephenson Landerwood Drive Charlotte, NC 28210 Roderick S. Stephenson Ducksbill Drive Charlotte, NC 28277 John M. Stephenson 630 S. Sapodilla Ave., Apt 410 West Palm Beach, FL 33401 Pamela S. Owens 218 HigWand Hills Drive Gray, TN 37615 Notice has now been given to all persons entitled under Rule 5.6 (a) except: None. Date: May 29, 2002. '~i I ,',I P ~ .., r ... .,.<1' '\0.-_ . \\ Signature~ IJ~~ \- Name:" S. Berne Smith Address: 107 N. 24th Street Camp Hill, PA 17011-3602 Telephone: 717-737-6789 Capacity: r-' iY') Personal Representative X Counsel for Personal Representative e;1 oK STATUS REPORT UNDER RULE 6.12 Name of Decedent: John S. Stephenson Date of Death: April 20, 2002 File No. 2002-0453 PA File No.21-02-0453 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes _X_ No 2. lfthe answer is No, state when the personal representative reasonably believes that the administration will be complete: Not applicable. 3. lfthe answer to No.1 is Yes, state the following: A. Did the personal representative file a final account with the Court? Yes No X B. The separate Orphans' Court No. (if any) for the personal representative's account is: Not applicable. C. interest? Yes X Did the personal representative state an account informally to the parties in No D. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attacked to this report. Date: June 13, 2003 LtJ~ .~ Signature S. Berne Smith. Esq. Name (Please type or print) <ro::j ...- Address: 107 N. 24th Street Camp Hill, PA 17011-3602 a: '-0 Telephone No. 717-737-6789 .-- Z ::J ---., CV"\ P Capacity: ,0 ~_ s:: <:~! :;. :";0 Personal Representative _X_Counsel for personal representative