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HomeMy WebLinkAbout07-22-14 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 t ( / �/ Name: Margaret B.Masters File No: r2{1 1 1 4X 0 y a/k/a: (Assigned by Register) a/k/a: a/kla: Social Security No: Date of Death: July 18,2014 Age at death: 88 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at The Bridges at Bent Creek,2100 Bent Creek Drive,Silver Spring Township,Cumberland County Street address,Post Office and Zip Code City,Township or Borough County Decedent died at The Bridges at Bent Creek,2100 Bent Creek Drive,Silver Spring Township.Cumberland County,Pennsylvania Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: lfdomiciled in Pennsylvania...... ..... .. ..... ...— ... All personal property $ 5,100,000.00 If not domiciled in Pennsy lvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. .............. ......... Personal property in County $ Value of real estate in Pennsylvania... ..... .. ...... .... . . ........ ...... .. .... ....... ....... . $ TOTAL ESTIMATED VALUE. .. . $ 5.100.000.00 Real estate in Pennsylvania situated at: , (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)hetshe/they is/are the Executor(s)named in the last Will of the Decedent,dated April 3,200'7 and Codicil(s) thereto dated No Codicil. Health L.Allen,one of the named co-executors,died July 29,2008,a resident of Cumberland County, Estate No 918-2009 Crvetal i I Hackett and Garry P French are the remaining_no-exert tore State relevant circumstances(e.g.renunciation,death of""ator,eta) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not many,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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. +©NO EXCEPTIONS d EXCEPTIONS ® B. Petition for Grant of Letters of Administration (If applicable) e.t.a.,d.b.n.,db.n.eta,Pendente life,durame absentia,durame minoritate If Administration,c.t.a. or d b.nc,t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent 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 was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS ()EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(ifany)and heirs(altach additional sheets if necessary): :rs Name Relationship Address O "; -X) 7 i-± �c r FormRW-02 rev,10/1112011 Page I Of 2 Oath of Personal Representative f' 'f only ,..Q OF COMMONWEALTH OF PENNSYLVANIA } REl?�Y } SS: COUNTY OF CUMBERLAND 4 AL 22 AV, 10: 4•� Petitioner(s)Printed Name Petitioner(s)Printed Address Gary E.French Eckert Seamans Cherin&Mellott 213 Market St 8th FWP� i 17101 Crystal U.Hackett 110 Bergner Street,H rrisburg PA 17110 UUMBEHLAND CO., PA The Petitioner(s)above-named swear(s)or affirm(s)the statements in the lmegoin eti ion are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of th dent,the Pe'fo er(s)will well and truly administer the estate according to law. Sworn to r affirmed and ubscribed f r Date hif / met ' day of, Q� Dare By' Date or the Register Date BOND Required: Q YES (F) NO To the Register of Wills: FEES: Please enter my appearan my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 27 Attorney Signature: Short Certifucate(s). . . . . . ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Gary E.French,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 25810 . . . . . . . . ! Firm Name: Eckert Seamans Cherin&Mellott,LLC KRih .. . . . . . . lam_ Address: 213 Market Street lith Floor . . . . . . . . Harrisburg PA 17101 . . . . . . Phone: 717.237.6024 Automation Fee. . . . . . . . . . . . . . . Fax: 717.237.6019 JCS Fee. . . . . . . .. . . . . . . . . . . . . Email: gfrenrh rrkertcenmanc nnm TOTAL. . . . . . . . . . . . . . . . . . . . . $ 0.00 a DECREE OF THE REGISTER Estate of Margaret B.Masters File No: a/k/a: \\ AND NOW, t )( W y I� in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters are hereby granted to a u 2' F('R nd2l W� C (2(, - al the above estate and(if applicable) that the instrument(s) dated �/_ 3 - -z fn'7 described in the Petition be admitted to probate and filed of record as the last Will (and Codicii(s)) of Decedent. egister of Wlllsee( Form RW-02 rev. 10/11/2011 Page 2 of 2 Oath of Personal Representative r luE U. COMMONWEALTH OF PENNSYLVANIA } } SS: ?f 14 AL 22 Am 10: 4 COUNTY OF CUMBERLAND } Petitioner(s)Printed Name Petitioner(s)Printed Address ��is '✓L'J i. Gary E.French Eckert Seamans Cherin&Mellott 213 Market St 8th FTAMR6W,M i7 ft Crystal U.Hackett 110 Bergner Street,Harrisburg PA 17110 The Petitioner(s)above-named swear(s)or affirm(s)the statements in foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the D et ,the Petitione 11 well and truly administer the estate according to law. Sworn to or affirmed and subscribed before Date 7�- ,ne t is day 1Ado� '4 Date By: S � � .t.(/�R 11r) Date For the Register Date BOND Required: © YES Q NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature: ( )Short Certiticate(s). . . ( )Renunciation(s).. . .. . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Gary E. French,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . .. ID Number: 25810 i . . . .. . irm Name: Eckert Seamans Cherin&Mellott,LLC . . . . . .. . A ess: 213 Market Street .. . . . . . 8th Floor . . . . . . . Harrisburg PA 17101 . . . . . . Phone: 7.237.6024 Automation Fee. .. . . . .. . . . . . .. Fax: 71 . 7.6019 JCS Fee. .. . . . . . . . .. . . . . . . . . . Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ 0.00 DECREE OF THE REGISTER Estate of Margaret B. Masters File No: a/k/a: AND NOW, in consideration of the foregoin Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters are hereby granted to in the above estate and(if applicable)that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent. Register of Wills Form RW-02 rev. 10/1112011 Page 2 of 2 LAST WILL AND TESTAMENT OF 2� n-, ZK c sTt5 OD S MARGARET B. MASTERS �7 f; �7": I, MARGARET B. MASTERS,of East Pennsboro Township, CumberlJ36U ty, Pennsylvania, do hereby make this my Last Will and Testament, revoking any former Wills and k Codicils made by me. FIRST: I am currently unmarried, and have three(3)children: Deborah Elder Masters (born March 30, 195 1); William W. Masters (born July 8, 1960); and Christian M. Masters (born March 19, 1964). These persons and any children born to or adopted by them are described in this Will as "my issue." Provided,however,no adopted person shall benefit hereunder unless the order or decree of adoption is entered before such adopted person attains the age of twenty-one (21)years. SECOND: I give my tangible personal property and all insurances thereon to such of my children who survive me, to be divided among or between them as they may agree. In the absence of agreement, my Executor shall make such division as it deems appropriate,having due regard for the personal preferences of my surviving children. I have complete confidence that my surviving children and my Executor will honor any written instructions that I may leave relative to said tangible personal property. THIRD: I give my oil and gas royalty interests as follows: (a) To my daughter,Deborah Elder Masters, if living, one-third ('/a). If my daughter, Deborah Elder Masters, does not survive me,but leaves issue, said issue shall take the share of my daughter,Deborah Elder Masters, per stirpes. -1- (b) To my son, William W. Masters, if living, one-third('/s). If he is not living at the time of my death, but his wife, Tina Romaro Masters, is living, and they were married at the time of his death, she shall receive one-half(%2) of this bequest. The remaining one-half(%2) of the bequest, or the entirety of the bequest if neither William W. Masters nor Tina Romaro Masters survive me, shall pass to any issue of my son, William W. Masters, who survive me,per stirpes. (c) To my son, Christian M. Masters, if living, one-third ('/s). If my son, Christian M. Masters, does not survive me,but leaves issue, said issue shall take the share of said son, Christian M. Masters, per stirpes. In the event that none of the dispositive provisions of sections (a), (b) or(c) of this Item THIRD is fulfilled because none of the named beneficiaries survives me, then the dispositive provisions described in Item SEVENTH shall apply, unless otherwise modified herein. FOURTH: Should I own at my death the Barker Farm property, Middle Paxton Township, Dauphin County, Pennsylvania, or a mortgage thereon, I give said property or mortgage to my son, William W. Masters, and to his wife, Tina Romaro Masters, if they survive me and are married at my death, share and share alike. If they are not then married and my son, William W. Masters, survives me, he shall receive the entire Barker Farm property or mortgage. This gift shall be free of any and all death taxes, which death taxes shall be paid from the residuary of my estate as provided in Item THIRTEENTH hereof. FIFTH: I hereby give, devise and bequeath all limited partnership interests in the Porthcawl Family Limited Partnership that I own at the time of my death in equal shares to each �V Q A2_C 6 �i C -2- of my children who survive me,per capita and not per stirpes. I also give, devise and bequeath the sum of Six Hundred Thousand Dollars ($600,000) to the Porthcawl Family Limited Partnership to be used for the purposes set forth in the Porthcawl Family Limited Partnership Agreement, as that Agreement may be amended from time to time. SIXTH: I give to each grandchild of mine who survives me the sum of One Hundred Thousand Dollars ($100,000), provided, however, that the aggregate of these gifts shall not exceed ten percent(10%) of my probate estate. Each gift shall be added to any Cruminey-type Trust that may have been created for said grandchild, and shall be subject to its provisions. I have made what I consider to be appropriate provision for the step-grandchildren of my son, William W. Masters, and do not include them as my grandchildren. SEVENTH: I give the rest and remainder of my estate, real, personal and mixed, as follows: (a) Twenty-five percent (25%)to the following organizations with these bequests to be treated as permanent endowments but with the income to be used from time to time as each organization may determine: (i) Theatre Harrisburg, Harrisburg, Pennsylvania, four percent (4%); (ii) The Cathedral Church of Saint Stephen, Episcopal, five percent (5%), and St. Stephen's Episcopal School, Harrisburg, Pennsylvania, five percent (5%), for a total of ten percent(10%); / 1 { tt Q t x� e . Cf s -3- (iii) Bryn Mawr College, Bryn Mawr, Pennsylvania, six percent (6%); (iv) Tri-County Planned Parenthood, Harrisburg, Pennsylvania, five percent (5%). If a charity named above no longer exists at the time of my death, the shares of the named charities that do exist shall increase proportionately. (b) Twenty-five percent (25%) to my daughter, Deborah Elder Masters, if living, or her issue per stirpes. (c) Twenty-five percent (25%) to my son, William W. Masters, if he survives me. If he is not living at the time of my death,but Tina Romaro Masters is living, and they were married at the time of his death, she shall receive one-half ('/2) of this bequest. The remaining one-half(%z) of the bequest, or the entirety of the bequest if neither William W. Masters nor Tina Romaro Masters survive me, shall pass to any issue of my son, William W. Masters, who survive me, per stirpes. (d) Twenty-five percent (25%) to my son, Christian M. Masters, if living, or his issue, per stirpes. Should a child of mine predecease me leaving no issue, or in the case of my son, William W. Masters, he is not survived by Tina Romaro Masters, then the other percentages of this Item SEVENTH, including my gifts to charity, shall increase proportionately, unless otherwise modified herein. -4- EIGHTH: If any individual beneficiary who would receive an interest in my probate estate is under forty(40) years of age, his (the masculine to include the feminine) interest shall be held in trust by Mellon Bank, Harrisburg, Dauphin County, Pennsylvania, hereinafter called Trustee, until such beneficiary reaches forty(40)years of age, at which time his share shall be distributed free of trust protection. My Trustee shall apply such amounts of income and principal as it, in its sole discretion, deems proper for the support, education and welfare of said beneficiary, and may accumulate any unexpended balance of income to the extent permitted by law. Without the intervention of a guardian, such amounts may be applied directly or may be paid to the beneficiary or to the person with whom such beneficiary resides or to the person who has the care and control of such beneficiary. My Trustee shall not be obliged to supervise or inquire into the application of such amounts by such person, and the receipt of such person,shall be a complete release of my Trustee. Should the share of such beneficiary, in the sole opinion of my Trustee, be or become too small to warrant continuing such fund in trust, or should its administration be or become impractical for any other reason, my Trustee, in its sole discretion, may pay such share, absolutely, without the intervention of a guardian, to the beneficiary, to the person with whom such beneficiary resides, to the person who has the care and control of such beneficiary, or may deposit such share in the beneficiary's name in a savings account in a savings institution of its choosing, payable to the beneficiary at majority, which I define as twenty-one (21) years. Should a beneficiary die prior to reaching the age of forty(40) years leaving issue,his interest shall be allocated among said issue by my Trustee and held in trust for said issue, subject -5- to the same trust provisions of this Will, but subject to the additional qualification that final distribution be made to each said issue upon his or her reaching the age of twenty-one (21)years, or to his or her estate in the event of his or her death. Should a beneficiary die prior to reaching the age of forty(40)years, leaving no issue, his interest shall be divided among his brothers and sisters and the issue of deceased brothers and sisters, per stirpes, or, if none exists, among my issue, per stirpes, provided that, any portion of such interest payable to a person who is the beneficiary of a subsisting trust under this Will shall be added to said trust, and be paid over to said beneficiary in accordance with the provisions of said trust. NINTH: I appoint Heath L. Allen, Crystal U. Hackett and Gary E. French as my Co-Executors. If one of them is unable or unwilling to serve, the other two shall serve as my Co-Executors. If two of the three individuals identified are unable or unwilling to serve, or if all of them are unable or unwilling to serve, I appoint Mellon Bank as Co-Executor or sole Executor. I direct that my Co-Executors or Executor serve without bond in any jurisdiction in which called upon to act. TENTH: I give to any Executor or Executors and to any Trustee or Trustees named in this Will or any Codicil hereto all of the powers now applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular, through the Probate, Estates and Fiduciaries Code, as effective and as in effect on the date hereof, during the administration and until the completion of the distribution of my estate, and until the termination of all trusts created hereunder and until the completion of the distribution of the assets of such trusts. f -6- ELEVENTH: I direct that this Will, or any Codicil hereto, control the distribution of my property irrespective of whether there are children born to me or adopted by me subsequent to the execution of this Will. The words "issue" and 'children" whenever used in this Will or any Codicil hereto shall include adopted children, provided that, any adopted child shall be under the age of eighteen (18) years when the adoption has become final. TWELFTH: No interest of any beneficiary under this Will or any Codicil hereto shall be subject to anticipation or to voluntary or involuntary alienation. THIRTEENTH: All estate, inheritance, succession and other death taxes applicable to property passing under this Will or any Codicil hereto, including interest and penalties thereon, shall be paid out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimbursement. However, no death taxes shall be chargeable to any charitable organization or charitable beneficiary described in this Will, and I direct my Executor to apportion all such taxes in order to accomplish this directive. Any estate, inheritance, succession or other death taxes imposed or payable by reason of my death with respect to life insurance or other property passing other than by this Will, including interest and penalties applicable thereto, shall be apportioned as provided by applicable law, with the same to be paid from such non-probate assets. Nevertheless, I authorize my Executor, in its sole discretion, to pay from the residue of my estate, as an expense of administration, all or part of any such death taxes otherwise payable on account of such non-probate property, provided that in no event shall any such death taxes be apportioned to any charitable organization or beneficiary. r41 FOURTEENTH: I direct that the law of the Commonwealth of Pennsylvania be applicable to all provisions of this my Last Will and Testament. IN WITNESS WHEREOF,I have set my hand and seal on this my Last Will and Testament this day of l el �� 2007. MQ(4 a 1>-A 5z�1' Syw MARG T B. MASTERS SIGNED, SEALED, PUBLISHED, and DECLARED by MARGARET B. n MASTERS, as and for her Last Will and Testament, on the day and year last above written, in the presence of us,who, at her request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: -8- SELF-PROVING AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF Cumberland WE, MARGARET B. MASTERS, and Steir33anie Kieinfelter Eric R. Augustine , and Gary E. French , the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly(or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and to the best of his or her knowledge the Testatrix was at that time eighteen(18) years of age or older, of sound mind, and under no constraint(oor.�undue influence. MARG T B. MASTERS, Testatrix Wi ss Witness Witnes Subscribed, sworn to, and acknowledged before me by MARGARET B. MASTERS,the Testatrix, and subscribed and sworn to before me by Stephanie Kleinfelter Eric R. Augustine , and Gary E. French , witnesses, this 3rd;rdaYOf April 2007. COMM0WEALTH0E-PENN9YLVANIA Not yPublic NOTARIAL SEA CYNTHIA J.RULE,Notary Pubk Lemoyne Boro.,Cumberland County Commission Expires February 3,2008