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HomeMy WebLinkAbout07-23-14 Reset 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: Decedent's Information ,.�� ��l h/^�� Name: MAYNARD B.WILLIAMSON File No: V(.S� a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: JLJNE 13,2014 Age at death: 92 Decedent was domiciled at death in CUMBERLAND County,pENNSYLVANtA (srare)with his/her last principal residence at 203 STONEHEDGE DRIVE,CARLISLE 17015 SOUTH MIDDLETON TOWNSHIP CUMBERLAND Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 203 STONEHEDGE DRIVE,CARLISLE, 17015 SOUTH MIDDLETON TOWNSHIP CUMBERLAND PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of ciecedeni's property at death: If domici[ed in Pennsylvania....... .. ................... All personal property $ 750,000.00 If not domiciled in Pennsylvania. .. .. . .. .. .. . .. .. . ..... . Perscnal property in Pennsylvania $ If not domiciled in Pennsy[vania. ..... .. ... . . .. ...... ... Personal property in County $ Value of real estate in Pennsylvania.. .. .. ... .. . . .... .. ... ... .... . ....... ..... .. ...... .. .... . $ TOTAL ESTIMATED VALUE. ... $ 750.000.00 Real estate in Pennsylvania situated at: (Attach additional sheets,if necessary.) Street address,Post Of6ce and Zip Code City,Township or Borough County � A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated OCTOBER 24,2013 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,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. Q NO EXCEPTIONS �EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (Ifapplicable) � s"' �� .. � c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante a ' ,durant inori�at�,, , Z-i �--- - - .-, If Administration,c.t.a. or d.b.n.c.�a.,enter date of Will in Section A above and com lete 1� ��eirs.n� ` . E-:� ; � , Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had �.�sfablished as defined �. in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. �"� �' t�` -��'+ C7���: � ..._ Q NO EXCEPTIONS Q EXCEPTIONS ��� _ '-� � Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spo�(if any)and laeirs(attkc�� additional sheets, if necessarv): �` Name Relationshi Address Form RW-02 rev. 10/11/3011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address TAEKO Y.WILLIAMSON 203 STONEHEDGE DRIVE CARLISLE PA 17015 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Peritioner(s)and that,as Personal Representative(s)of the Dgcedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to or af irmed a subscribed b�fore �,�i�� ]uLl��.w.(L�w Date —`�.g�1 me t �s 3� ay o� ��y Date g� � Date For the Register Date BOND Required: Q YES Q NO To the Register of Wills: FEES' Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 560.00 Attorney Sig re: ( 2 ) Short Certificate�s). . . . . . lO.OQ ( ) Renunciation(s).. . . . . . . . � � �� ( )Codicil(s). . . . . . . . . . . . . � ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Prin d Name: MARCUS A.McK1vIGHT,III Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 25476 WILL . . . . . . . . 15.00 INH TAX RETURN . . . . . . . . 15.00 Firm Name: IRWIN&McK1�iIGHT,P.C. INVENTORY . . . . . . . . 15.00 Address: 60 WF.ST POMFRRT F.ET . . . . . . . . ['ARI.TST.F,PA 17013 . . . . . . . Phone: (717)249-2353 Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: 5717)249-6354 JCS Fee. . . . . . . . . . . . . . . . . . . . . 33.50 Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ 653.50 DECREE OF THE REGISTER Estate of MAYNARD B.WILLIAMSON File No: �� �f'7 D(X/� 7 a/k/a: AND NOW, �r° � � , � , in consideration of the foregoing Petition, satisfactory proof having been sente efore me,IT IS DEC ED that Letters TESTAMENTARY are he eby granted to TAEKO Y.WILLIAMSON in the above estate and(if applicable)that the instrument(s)dated OCTOBER 24 2013 described in the Petition be admitted to probate and filed of re rd as the last Will a d Codicil(s)j of Decedent. i� � J �C�(. egister of Wil s �� ��� /I , �j,�� 'l./ �U�- Form RW-02 rev. !0/l1/301/ Pag Of 2 LAST WILL AND TESTAMENT I, MAYNARD B. WILLIAMSON, of the South Middleton Township, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this instrument to be my Last Will and Testament, hereby expressly revoking all Wills and Codicils heretofore made by me. ONE: I direct my Executrix or Substitute Executor, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as may be done conveniently after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and all 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 Executrix or Substitute Executor from my estate, and that none of the aforesaid taxes shall be prorated among those persons named herein or otherwise beneficiaries hereunder. TWO: My Executrix or Substitute Executor may, at her or his discretion, compromise claims, borrow money, retain property for such length of time as she or he may deem proper; lease and sell property for such prices, on such terms, at public or private sale or sales, as she or he may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. ;_...1 � ��' �� � �� � CTJ-�., �..1�' ,--`, iTF_7-r._ 4;,: -,�'-'-.. � -_ f 7` ��... 1 . N Cfi �.�.1 -. � r�= ��-•,t .�. ,- ,� ��.._�.�,:. � '. .. E��: � .: --;-,r �� G.�-r�-:i D -� :: ': c�� , �, -,-, THREE: I authorize and empower my Executrix or Substitute Executor 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 Executrix or Substitute Executor 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 Executrix or Substitute Executor. FOUR I hereby give, devise and bequeath all of my estate of every nature and wherever situate to my wife, TAEKO Y. WILLIAMSON. FIVE: If my wife, TAEKO Y. WILLIAMSON, does not survive me by a period of at least sixty (60) days after my death, then my estate I give, devise and bequeath to my sons, in equal shares per stirpes, as follows: a. Fifty Percent (50%) to my son, CHRISTOPHER B. WILLIAMSON; and b. Fifty Percent (50%) to my son, JAMES M. WILLIAMSON. SIX: I hereby nominate and appoint my wife, TAEKO Y. WILLIAMSON, to be the Executrix of this my Last Will and Testament. In the event my wife, TAEKO Y. WILLIAMSON, has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint MARCUS A. McKNIGHT, III to serve as Substitute Executor of this my Last Will and Testament, whereby the Substitute Executor shall have the same powers as the original Executrix herein. In the event MARCUS A. McKNIGHT, III, has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then 2 appoint CHRISTOPHER B. WILLIAMSON to serve as Substitute Executor of this my Last Will and Testament, whereby the Substitute Executor shall have the same powers as the original Executrix herein. SEVEN: I reserve the right to keep a list of personal property with my Will, which is intended to designate which items of personal property I wish to go to which relatives. Should I elect to do so, I direct by Executrix or Substitute Executor to treat that list as though it were part of my estate, and to distribute those items of personal property which I choose to specifically designate to the individuals whom I have designated. EIGHT: I have most of my stocks and bonds in a custodial account, presently held by ORRSTOWN BANK and, as of the time of drafting of this Will, it presently contains assets totaling approximately $600,000.00. I direct my Executrix to convey all of the assets which are in this account, or in any successor account containing these or similar assets as of the time of my death, to the ORRSTOWN BANK, or it successor, and to my son, CHRISTOPHER B. WILLIAMSON, in Trust, nevertheless, for the benefit of my wife, TAEKO Y. WILLIAMSON. I direct that ORRSTOWN BANK and my son, CHRISTOPHER B. WILLIAMSON, shall serve jointly as Trustees of my Trust. I direct my Trustees to pay the the sum of$825.00 per quarter to my son, JAMES M. WILLIAMSON, following the timing of the payment pattern which I have established during my lifetime, during his life. These payments shall terminate upon his death or upon termination of the Trust. I direct my Trustees to pay the income from this Trust in regular installments to my wife, no less frequently than quarterly during her lifetime. Being mindful of the low interest environment, as of the drafting of this Will, I direct my Trustees to meet with my wife, TAEKO Y. WILLIAMSON, at least once a year to reach an understanding as to an appropriate regular distribution from principal of the 3 Trust for my wife's proper support, maintenance and medical care, taking into account all of the assets available to her. My Trustees are to give priority to my wife's support, maintenance and comfort, as opposed to the preservation of principal. In addition, in each calendar year following the year of my death, the Trustees shall pay to my wife such portions of the principal as she may request in writing, not to exceed in any one calendar year, on a non-cumulative basis, the greater of $5,000.00 or up to 2% of the aggregate value of the principal as of the first request far withdrawal in such year. This annual draw may be for any reason at my wife's discretion, and not just based upon her needs. Upon my wife's death, Trustees shall convey and pay over the remaining assets of the Trust to my sons, CHRISTOPHER B. WILLIAMSON and JAMES J. WILLIAMSON, , in equal shares, per stirpes. Should my wife, TAEKO Y. WILLIAMSON, at any time, be dissatisfied with the services of the Trustees, she shall have the option to notify the Trustees of their dismissal, and, the Trustees upon direction of my wife, shall complete an informal accounting and transfer all the assets of the Trust to another Corporate Trustee, or an individual professional Trustee designated by my wife, TAEKO Y. WILLIAMSON. NINE: No Executrix or Substitute Executor acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. TEN: No person or persons shall benefit hereunder unless such beneficiary shall survive me for a period of at least sixty (60) days. ELEVEN: No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may levy, attach or otherwise reach any such interest. 4 TWELVE: If any person 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 shall forfeit his or her entire interest inherited hereunder and all provisions in favor of such person shall be declared void and of no effect. The share of such person so forfeited shall be distributed as part of the residue pursuant to Paragraph Five hereof except that if such person is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary beneficiaries. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 24th day of October 2013. ��.ys�tls�"' (SEAL) MAYNARD B. WILLIAMSON Signed, sealed, published and declared by the above-named Testator, as and for his Last Will and Testament, in our presence, who, at his request, in his presence and in the presence of each other have hereunto set our names as subscribing witnesses. � "� �G[, v'l C (,�~��-�,uJrx-�r�- 5 ACKNOWLEDGMENT AND AFFIDAVIT WE, MAYNARD B. WILLIAMSON, TRACI D. SMITH, and SHARON L. SCHWALM, 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 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 undue influence. G�Z �.�� ��G°,�.��,.�-� M AYNA D B. WILLIAMSON �� C�� ��`< <��`-�`'�- TRACI D. SMITH �--f����n2 � ��u��-�,�z..� SHARON L. SCHWALM COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND . Subscribed, sworn to and acknowledged before me by MAYNARD B. WILLIAMSON, the testator herein, and subscribed and sworn to before me by CI D. SMITH, and SHARON L. SCHWALM,witnesses, this 24`� day of Octo er�,01 . � , ���i ��'�- ��-C��- �OMMONWF,A TIi OF PENNSYLVANIA ry P bIIC Notarial5eal � - Martha L.Ncel,Notary public Carlisle Boro,Cumberland Counry My Cpmmission Expires Sept,18,2015 MEMQER,PENNSYLVANIA ASSOCIA'►Ipp�OF NOTq{tIF$