HomeMy WebLinkAbout09-10-14 - __ _ _ _ _ _
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 requests the grant of Letters in the appropriate form:
Decedent's Information ����
Name: Frances Marie Gibb File No: 21-14
a/k/a: F.Marie Gibb � (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 08/18/2014 Age at Death: 83
Decedentwas domiciled at death in Cumberland County, pq (State)with his/her last
principal residence at 1000 Claremont Road,Carlisle 17013 Middlesex Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 1000 Claremont Road Carlisle Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
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Estimate of value of decedenYs property at death:
Ifdomiciled in Pennsylvania...................... All personal property $ 10 000.00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
lfnot domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania................................................................... $
� TOTAL ESTIMATED VALUE $ 10,000.00
Real estate in Pennsylvania situated at
(Attach additional sheets,if necessary.)
Street address,Post Office and Zip Code City,Township or Borough Counry
QX A. Petition for Probate and Grant of Letters Testamentarv
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated OS/04/2004 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.
�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 minoritate
If Administration,c.t.a ord.b.n.c.t.a.,enter date of Will in Section A above and com�lete list of heirs.
Except as follows:Decedent was not a party to.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.
N
Q NO EXCEPTIONS � EXCEPTIONS CJ w �
Petitioner(s),after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spo (�ny)and�rs(a�cQ
additional sheets,if necessary): rn .._
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Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. 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
Joseph W. Gibb 6790 Carlisle Road �.,�, --
Dover,PA 17315 � ° �
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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 Petitioner(s)and that,as Personal Representative(s)of the Dec ent,P titio (s) I ell and truly administer the estate according to law.
Sworn to f�ed and bscri ed b fore w ' Date ��'��-��r y
me thi da of � Date
By; Date
F th Register Date
BOND Required? � YES � NO To the RegisterofWills:
FEES: / Please enter my appearance by my signature below:
Le�s.......................................... $ V 4� Attorney Signature:
( )Short Certificate(s)......... �
( )Renunciation(s)..............
( )Codicil(s)........................
( )Affidavit(s)...................... P ame: radley L.Griffie
Bond............................................. Supreme Court
Commission.................................. ID Number: 34349
Ot er �.
� Firm Name: Griffie&Associates,P.C.
Address: 200 N.Hanover Street
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• . Carlisle,PA 17013
Phone: 717-243-5551
Automation Fee............................ . '
Fax:
JCSFee....................................... , ..
TOTAL......................................... $ E-mail: bgriffie@griffielaw.com
DECREE OF THE REGISTER
Date of Death: 08/18/2014
Social Security No:
Estate of Frances Marie Gibb File No: 21-14 �— �
a/k/a: F.Marie Gibb
AND NOW, , � ,in consideration of the foregoing Petition,
satisfactory proof having be presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Joseph W. Gibb
in the above estate and(if applicable)that the instrument(s)dated 08/04/2004
described in the Petition be admitted to probate and filed of recor I Will(a d icil(s))of D ent.
gis er Wills m
Form RW-02 rev.10/11/2011 Copyright(c)2011 form software only The Lackner Group,Inc. Pa 2 of 2
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
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pF cu�ye
�.�y (�.�� �,p` No. 2014- 00841 PA No. 21- 14- 0841
J 9 Es ta te Of: FRANCES MARIE GIBB
0 �� Z lFirst,Middle,Lastl
V � a/k/a: F MARIE GIBB
� � La te Of: M/DDLESEX TOWNSH/P
CUMBERLAND COUNTY
Deceased
1750 Soci al Securi ty No:
WHEREAS, on the IOth day of September 2014 an instrument dated
August 4th 2004 was admitted to probate as the last will of
FRANCES MAR/E G/BB
(First,Middle,Castl
a/k/a F MARIE GIBB
late of M/DDLESEX TOWNSH/P, CUMBERLAND County,
who died on the 18th day of August 2014 and,
WHEREAS, a true copy of the will as probated is annexed hereto.
THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
JOSEPH W G/BB
who has duly qualified as EXECUTOR(R/X)
and has agreed to administer the estate according to law, all of which
fully appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE,
CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 10th day of September 2014.
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**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
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LAST WILL AND TESTAMENT -, �., _,.; � ,� �
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MARIE GIBB
I, MARIE GIBB, a/k/a F.MARIE GIBB, now of 20 Beaver Street, Apartment 119,
Dillsburg,York County, Pennsylvania, 17019, do publish and declare this to be my Last Will and
Testament,hereby revoking all other prior wills and codicils made by me.
FIRST: Familv Background and Appointment of Executor.
(A) Familv and Background Information. I am not married. I have one child. The
name of my child is JOSEPH W. GIBB. Throughout this Will,JOSEPH W. GIBB will be
referred to as"my son"or "my child". The word "issue" will include my child as well as my
other descendants.
(B) A�pointment of Executor. I appoint as my Executor and successor Executor(all
hereinafter referred to as Executor under this Will, the following named persons or corporations
to serve without bond and without being required to account to any Court:
Executor: My son, JOSEPH W. GIBB.
Successor Executor: My grandson, ANDREW S. GIBB.
SECOND: Funeral and Last Illness Expenses; Taxes.
(A) Expenses of Funeral and Last Illness. I direct my Executor to pay my funeral
expenses (regardless of amount) and the expenses of my last illness from my estate.
(B) Taxes. I direct my Executor to pay any and all estate, inheritance, succession,
legacy, transfer and other death taxes or duties,by whatever name called, including any and all
interest and penalties thereon, imposed under the laws of any jurisdiction by reason of my death,
upon or with respect to any and all property included in my gross estate for the purpose of such
taxes, whether such property passes under or outside of this Will, out of my residuary estate,
without being prorated or apportioned among or charged against the respective devises, legatees,
beneficiaries, transferees, or other recipients of any such property or charged against any property
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LAST WILL AND TESTAMENT
OF
MARIE GIBB
PAGE 2
passing or which may have passed to any of them. The Executor shall not be entitled to
reimbursement for any portion of any such taxes from any such person.
THIRD: Tangible Personal Propertv. Except for those items excluded below and
those items enumerated in the Letter of Instruction, I give, devise and bequeath to my child,
JOSEPH W. GIBB, all tangible personal property, including but not limited to clothing,
jewelry,heirlooms, furniture,motor vehicles, and all other similar articles, which I own, and the
insurance thereon, if my child survives me by sixty(60) days. If my child, JOSEPH W. GIBB,
does not survive me, then I give, devise and bequeath all tangible personal property to my
grandchildren,JOSEPH E. GIBB,ANDREW S. GIBB, and JEFFREY L. GIBB, to be
divided among them in equal shares,per stirpes. Tangible personal property shall not include:
(1) any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3)
stock or securities, (4) any type of evidence of indebtedness, and(5) any life,health or accident
insurance policies. If there is any disagreement as to distribution, I direct my Executor to make
such distribution. The decision of my Executor shall be final and binding. Any items not
selected or any items which my Executor considers unsuitable for my issue may be distributed or
sold in the sole discretion of my Executor and, if sold,the net proceeds therefrom shall be added
to the residue of my estate. Any such article allocated to a minor may, as my Executor deems
advisable, either be delivered to the minor or to any person to safeguard on behalf of the minor.
Notwithstanding any other provisions in this Article THIRD, I may leave a separate,
dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions
as to the ultimate disposition of certain of the property bequeathed under this Article THIRD, and
such Letter of Instruction shall determine the distribution of such items.
FOURTH: Residuarv Gifts.
(A) I give, devise and bequeath all the rest,residue and remainder of my estate, of every
kind and character,real,personal and mixed, tangible and intangible, and wherever situated,
including any lapsed or renounced le$acies or devises (and including any property over which I
may have a Power of Appointment), to my child, JOSEPH W. GIBB, per stirpes.
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LAST WILL AND TESTAMENT
OF
MARIE GIBB
PAGE 3
(B) If my child,JOSEPH W. GIBB, does not survive me by sixty(60) days,then and in
such event, I give, devise and bequeath all the rest,residue and remainder of my estate of every
kind and character, real,personal and mixed, tangible and intangible, and wherever situated,
including any lapsed or renounced legacies or devises(and including any property over which I
may have a Power of Appointment), to my grandchildren,JOSEPH E. GIBB,ANDREW S.
GIBB, and JEFFREY L. GIBB, to be divided among them in separate and equal shares, per
stirpes.
(C) Distributions During Administration. Prior to final distribution of my estate, the
Executor, in his or her discretion,may make partial distributions to one or more beneficiaries or
Trusts. As a consequence,the Executorship and any Trusts created under this Will may exist
contemporaneously. A distribution may be made subject to any indebtedness or liability of my
estate.
FIFTH: Spendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his or her interest in the estate in any manner other than by the valid
exercise of a power of appointment. No part of the estate shall be liable for or charged with any
debts, contracts, liabilities or torts of a beneficiary or subject to seizure or other process by any
creditor of a beneficiary.
SIXTH: Powers of Executor. In addition to the powers and duties as may have been
granted elsewhere in this Will,but subject to any limitations stated elsewhere in this Will, the
Executor shall have and exercise exclusive management and control of the Estate and shall be
vested with the following specific powers and discretion, in addition to the powers as may be
generally conferred from time to time upon him by law:
(A) In the management, care and disposition of the Estate, the Executor shall have the
power to do all things and to execute such deeds, documents, and instruments as may be deemed
necessary or proper, including the following powers, all of which may be exercised without order
of or report to any Court:
(1) To sell, exchange or otherwise dispose of any property, real,personal
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LAST WILL AND TESTAMENT
OF
MARIE GIBB
PAGE 4
or mixed, at any time held or acquired hereunder, at public or private sale, for
cash or on terms, without advertisement, including the right to lease for any term
notwithstanding the period of the Estate, and to grant options, including any
option for a period beyond the duration of the Estate.
(2) To invest all monies in such stocks,bonds, securities,mortgages,
notes,real estate or improvements thereon, and any other property as the Executor
may deem best, without regard to any law now or hereafter enforced limiting
investments of fiduciaries, except that the Executor may not invest in any
securities issued by the corporate Executor, or issued by a parent or affiliate
company of such Executor.
(3) To retain for investment any property deposited with the Executor
hereunder; except that the corporate Executor may not retain for investment any
stock in the corporate Executor, or in a parent or affiliate company of such
Executor.
(4) To vote in person or by proxy any corporate stock or other security
and to agree to or take any other action in regard to any reorganization,merger,
consolidation, liquidation,bankruptcy or other procedure or proceedings affecting
any stock,bond,note or other security.
(5) To use attorneys, real estate brokers, accountants and other agents, if
such employment is deemed necessary or desirable, and to pay reasonable
compensation for their services.
(6) To compromise, settle or adjust any claim or demand by or against the
Estate and to agree to any rescission or modification of any contract or agreement
affecting the Estate.
(7) To renew any indebtedness, as well as to borrow money, and to secure
the same by mortgaging, pledging or conveying any property of the Estate,
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LAST WILL AND TESTAMENT
OF
MARIE GIBB
PAGE 5
including the power to borrow at a reasonable rate of interest.
(8) To retain and carry on any business in which the Estate may acquire an
interest, to acquire additional interest in any such business, to agree to the
liquidation in kind of any corporation in which the Estate may have an interest
and to carry on the business thereof, to join with other owners in adopting any
form of management for any business or property in which the Estate may have an
interest, to become or remain a partner, general or limited, in regard to any such
business or property and to hold the stock or other securities as an investment, and
to employ agents and confer on them authority to manage and operate the
business, property or corporation, without liability for the acts of such agent or for
any loss, liability or indebtedness of such business if the management is selected
or retained with reasonable care.
(9) To register any stock,bond or other security in the name of a nominee,
without the addition of words indicating that such security is held in a fiduciary
capacity,but accurate records shall be maintained showing that such security is an
Estate asset and the Executor shall be responsible for the acts of such nominee.
(B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a
person who is then under twenty-one(21)years of age,the Executor shall be authorized to hold
such property in Trust for such person until he/she becomes twenty-one(21)years of age, and in
the meantime shall use such part of the income and the principal of the trust as the Executor may
deem necessary to provide for the proper support and education of such person. If such person
should die before becoming twenty-one(21)years of age,the property then remaining in trust
shall be distributed to the personal representative of such person's estate.
(C) In making distributions from the Estate to or for the benefit of any minor or other
person under a legal disability, the Executor need not require the appointment of a guardian,but
sha11 be authorized to pay or deliver the same to the custodian of such person, to pay or deliver
the same to such person without the intervention of a guardian, to pay or deliver the same to the
legal guardian of such person if one has already been appointed, or to use the same for the benefit
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LAST WILL AND TESTAMENT
OF
MARIE GIBB
PAGE 6
of such person.
(D) In the disbursement of the Estate and any division into separate trusts or shares,
the Executor shall be authorized to make the distribution and division in money or in kind, or
both,regardless of the basis for income tax purposes of any property distributed or divided in
kind, and the distribution and division made and the values established by the Executor sha11 be
binding and conclusive on all persons taking hereunder. The Executor may in making such
distribution or division allot undivided interests in the same property to several trusts or shares.
(E) The Executor shall have discretion to determine whether items should be charged
or credited to income or principal or allocated between income and principal as the Executor may
deem equitable and fair under all circumstances, including the power to amortize or fail to
amortize any part or all of any premium or discount, to treat any part or all of the profit resulting
from the maturity or sale of any asset, whether purchased at a premium or at a discount, as
income or principal or apportion the same between income and principal, to apportion the sales
price of any asset between income and principal, to treat any dividend or other distribution of any
investment as income or principal, or apportion the same between income and principal,to
charge any expense against income or principal or apportion fhe same, and to provide or fail to
provide a reasonable reserve against depreciation or obsolescence on any assets subject to
depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under
all the circumstances.
(� If at any time the total fair market value of the assets of any txust established or to
be established hereunder is so small that the corporate Trustee's annual fee for administering the
trust would be equal to or less than the minimum annual fee set forth in the Trustee's regularly
published fee schedule then,the Trustee in its discretion sha11 be authorized to terminate such
trust or to decide not to establish such trust, and in such event the property then held in or to be
distributed to such trust shall be distributed to the persons who are then or would be entitled to
the income of such trust. If the amount of income to be received by such persons is to be
determined in the discretion of the Trustee,then the Trustee shall distribute the property among
such of the persons to whom the Trustee is authorized to distribute income, and in such
proportions, as the Trustee in its discretion shall determine.
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LAST WILL AND TESTAMENT
OF
MARIE GIBB
PAGE 7
(G) When the authority and power under this Will is vested in two (2)or more
Executors, the authority and powers are to be held jointly by the Executors. Only a majority of
the Executors may exercise any authority or power granted under this Will or granted by law, and
may act under this Will. Any attempt by one such Executor to act under this Will on other than
ministerial acts shall be void. The actions of a minority of the Executors under this Will may be
validated by a subsequent ratification of the act by a majority of the Executors.
SEVENTH: Ri�hts and Liabilities of Executor.
(A) No bond or other security shall be required of any Executor.
(B) This instrument always shall be construed in favor of the validity of any act or
omission by any Executor, and any Executor shall not be liable for any act or omission except in
the case of gross negligence,bad faith or fraud. Specifically, in assessing the propriety of any
investment of the estate, the overall performance of the entire estate shall be taken into account.
(C) Each Executor shall be entitled to receive reasonable compensation for services
actually rendered to my estate, in an amount the Executor normally and customarily charges for
performing similar services during the time which he/she performs the services.
EIGHTH: Tax Elections. In determining the estate, inheritance and income tax liability
relating to my Estate, the Executor's decision as to all available tax elections shall be conclusive
on all concerned. If the Executor joins with my spouse in filing income tax returns, or
consenting for gift tax purposes to having gifts made by either of us during my life considered as
having been made one-half by each of us, any resulting liability shall be borne by my Estate and
my spouse in such proportions as they may agree. In accordance with IRC Section 2632(a) and
without regard to whether a Federal estate tax return is actually filed,my Executor shall allocate
so much of the Federal Generation Skipping Transfer Tax exemption as will fully exempt any
generation skipping transfer which may occur under this Will.
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LAST WILL AND TESTAMENT
OF
MARIE GIBB
PAGE 8
NINTH: Defmitions and General Provisions.
(A) Survival. Any beneficiary, who dies within sixty(60) days after my death shall
be considered not to have survived me.
(B) Trust Estate. "Trust Estate" means all assets, however and wherever acquired,
including income,which may belong to a Trust at any given time.
(C) Children. Except for discretionary distributions which may be made unequally
among a group of persons and distributions pursuant to a valid exercise of a Power of
Appointment, in making a distribution to the children of any person, the property to be
distributed shall be divided into as many shares as there are living children of the person and
deceased children of the person who left children who are then-living. Each living child shall
take one share and the share of each deceased child shall be divided among his then-living
descendants in the same manner. A posthumous child shall be considered as living at the death
of his parent.
(D) Code. Unless otherwise stated, all references in my Will to section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding
provisions of any subsequent federal tax laws applicable to my estate.
(E) Other terms. The use of any gender includes the other genders, and the use of
either the singular or the plural includes the other.
(F� Captions. The captions set forth in this Will at the beginning of the various
divisions hereof are for convenience of reference only and shall not be deemed to define or limit
the provisions hereof or to affect in any way their construction and application.
(G) Powers of Aaaointment Exercised. By this Will I hereby exercise any Power of
Appointrnent which I may possess at my death.
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LAST WILL AND TESTAMENT
OF
MARIE GIBB
PAGE 9
IN WITNESS WHEREOF,I, MARIE GIBB, a/k/a F.MARIE GIBB,the Testatrix,
have to this my Last Will and Testament, typewritten on ten(10)pages, including the
Acknowledgment and Affidavit, set my hand and seal this �i'"' day of August, 2004.
��/���/ii'v�
MARIE GIBB, a/k/a F. MARIE GIBB
Signed, sealed,published and declared by the above-named Testatrix, as and for her Last Will
and Testament, in the presence of us, who have hereunto subscribed our names at her request, as
witnesses hereto, in the presence of the said Testatrix, and in the presence of each other. Each of
us further declares that he or she believes the Testatrix to be of sound mind and memory. The
preceding instrument consists of this and ten(10)other consecutively numbered typewritten
pag 'ncluding the Acknowledgment and Affidavit.
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ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA :
. SS:
COUNTY OF CUMBERLAND :
The Testatrix and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument,being first duly sworn and qualified according to law, do hereby
acknowledge, depose and say to the undersigned authority,that the Testatrix signed and executed
the instrument as her Last Will in the presence of the wimesses; that she signed it willingly or
willingly directed another to sign it for her; that she executed it as her free and voluntary act for
the purposes therein expressed; that each of the witnesses were present and saw the Testatrix sign
and execute the instrument as her Last Will; that each subscribing witness in the hearing and
sight of the Testatrix signed the will as witnesses; and that to the best of their knowledge the
Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint
or undue influence.
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witness
Sworn to or affirmed, subscribed to, and acknowledged,before me by the above-named
Testatrix and witnesses,this �!�" day of August, 2004.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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