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HomeMy WebLinkAbout09-15-14 PETITIOON FOR GRANT OF LETTERS REGISTER OF WILLS OF 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 Name: CAAg L VAl LO- -q AC kyP File No: S�2 ' a/k/a: 4 �,2 _ �5 a� (Assigned by Register) a/k/a: a/k/a: Social Security No: � Date of Death: d I> Age at death: Decedent was domiciled at death in C al"A vALA ND County, Ptv1vSvJV4AVT (state)wit her last principal residence at D A G NF I A"C' I<"P>BSAMW Street address,Post Office and Zip Code J �^+ City,Townsbip or rou �O.tA JPA T t' ounty Decedent died at a/y go! � a5 t A/ nfr 1flM' �'if '�-� , fmti13f Q Q1 A Street addr ss,Post dffice and Zip Code vTY0 County tate Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property $ If not-donsiciled in Pennsylvania. ....................... Personal property in Pennsylvania $—�—' If-not,donniciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania............................................ ............. $ 1/7 TOTAL ESTIMATED�V}a 6l// .ALUE $ 3 Real estate in Pennsylvania situated at: w D 1 r, 6/r At1f .. R ! 0, (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code 174vff ity,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 V 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 patty 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. VO EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,ca.a. or d.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 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. ❑NO EXCEPTIONS ❑EXCEPTIONS Ti:titioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by=e 18,owing spdme(if y)Ad heirs(attach additional sheets,ffnecessary): M :;0 rn) a-> Q Name Relationship *ddf�ss i-- M' M D .k-- � C� Q n Q r; r— frt Q ry Form RW-02 rev.10/1112011 Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } / } SS: COUNTY OF-&OL J"J,a JOC/ } Petitioner(s)Printed Name Petitioner(s)Printed Address Np fl . 'The Petitiorer(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 Petitioners)and that,as Personal Representative(s)of the Decedent,the P titioner(s)will well and truly administer the estate acco ding t law. Sworn to dr affirrried'and subscribed before Date -ne this rr day.of ( l]L.� Date may.( , P 'C . Date Far the Register Date .J. . BOND Required: YES D-NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . ... . $ 310 Attorney Signature: ( 0 Short Certificate(s)... . . . r� ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . —� rn Bond.. .. . . . . . . . . . . . . . . . . . . . . Printed Name: - CQ r, _ Commission. . . . . . . . . . .. . . .. . . Supreme Court Other ID Number: Cn T— � � Cn Firm Name: -C IV Y Yl . . .. . . 15 Address: c 7 c� t] -n `n `V t— y. C=) Cn Phone: r-n Automation Fee. . . . . . . . . . . . . . . Fax: JCS Fee. F—Ril: TOTAL. . . . . . . . . . . . . .. . . . . . . $ DECREE OF THE REGISTER + {—1 X-7 1 i Estate of�arV Yl w • ,���)� G Fil, i'3o: `'" a/k/a: AND NOW, 1, D Y Pol Liin consideration of the fo'egoin Petition, satisfactory proof havini presented before me,IT IS DEC ED that Letters are hereby granted to Cl C Y L in the above estate and(if applicable) that the instrument(s)dated "7 j - 2(36described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. A-)'T, AAtoAcm - egister of Wills do IPa e2of2 Form RW-01 rev. 1011112011 CUP, g Last Wifland Testament OF CAROLYN W. JACKSON 1, CAROLYN W. JACKSON, of Lower Allen Township, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me heretofore made. ITEM 1: Family Information. I am widowed. I have two children: SANDRA L. JACKSON and SHARON J. YUNGSHTEN. These children are described in this Will as "my children," or as "a child of mine." Any person born to or adopted by issue of mine is to be included as issue of mine. Provided, however, no adopted person shall benefit under this Will unless the order or decree of adoption is entered before the adopted person attains the age of twenty- one (21) years. ITEM 11: Death Taxes. I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the resid#e of my estate, as an expense and cost of administration of my estate, except that no taxes shall be charged against any gift qualifying for the marital or charitable deduction in my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. VA 00 13NVHdU0 Page 1 d N, 313 so L18 ST dl-q S111;A -JO U315I03? 30 331A30 03GH003U ITEM III: Debts and Ficial Expenses. I direct the Executor to pay the expenses of my last illness, my legally enforceable debts, and my funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM IV: Tangible Personal Property. I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my personal property as specified in the written list. If no written list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequently discovered list shall be ignored.I give any property of the type described in this Item and not set forth in a written list to my children, SANDRA L. JACKSON and SHARON J. YUNGSHTEN, to be divided between them as they shall agree. ITEM V: Residue. I give the residue of my estate, not disposed of in the preceding portions of this Will, to my children, in equal shares. If any of my children is not living at my death, the share of my deceased child shall be paid to his or her then living issue, per stirpes. (a) In the event that SANDRA L. JACKSON does not survive me, and is not survived by issue, the residue shall be paid to SHARON J. YUNGSHTEN, per stirpes. I Page 2 �'. . (b) In the event that SHARON J. YUNGSHTEN does not survive me, and is not survived by issue, the residue shall be paid to SANDRA L. JACKSON, per stirpes. (c) In the event that I am not survived by any issue, then the residue shall be divided equally between my daughter's husband, JOSHUA YUNGSHTEN, my niece, ELIZABETH BROCK, my niece, NANCY CANNELL, my niece ELLEN WILLIAMS, and my nephew, JOHN PYAM WILLIAMS. These distributions are to be per capita and not per stirpes. ITEM VI: Administrative Powers. In addition to the powers granted at law, the Executor shall possess the following powers, each of which shall be construed broadly and may be exercised without court approval, but in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor. (b) To vary investments and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. Page 3 C (c) In order to divide the principal of my estate or make distributions, the Executor is authorized to distribute personal property and real property partly or wholly in kind, and to allocate specific assets among beneficiaries so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale any or all real or personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale. The Executor is authorized to make, execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to carry out the powers conferred upon the Executor. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any person, including the Executor, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy,,estate and other taxes, and to assign and pledge assets of my estate. Page 4 (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. (i) To exercise voting rights with respect to securities which form a part of my estate, and to exercise all the powers incident to the ownership of securities. (j) To unite with other owners of property similar to property in my estate to carry out any plans for the reorganization of any company whose securities forma part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. Page 5 f (m) To allocate administrative expenses to income or to principal, as the Executor deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (n) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor deems appropriate, and to compensate these persons from assets of my estate, without affecting the compensation to which the Executor is entitled. (o) To make any adjustment to basis authorized by law, including, but not limited to increasing the basis of any property included in my estate, whether or not passing under this Will, by allocating any amount by which the bases of assets may be increased. 4 The Executor shall be under no duty and shall not be required to allocate basis increase exclusively, primarily, or at all to assets which pass as part of my probate estate as opposed to other property for which a basis adjustment is allowable. The Executor shall allocate basis increase equitably among those beneficiaries receiving property as a result of my death, but shall not be liable to any person, nor subject to removal or surcharge, for any reasonable allocation of basis increase. (p) To compromise claims. Page 6 G_ w. (q) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate. ITEM VII: Beneficiaries Under Age 25. If a beneficiary under the age of twenty-five (25) years is entitled to receive assets under this Will, the person who served as Executor of my estate shall retain those assets as Custodian for the beneficiary under the Pennsylvania Uniform Transfers to Minors Act. The Custodian may receive and administer all assets authorized by law, and shall have full authority as provided in the Pennsylvania Uniform Transfers to Minors Act to use assets.in the manner the Custodian deems advisable for the best interests of the beneficiary. I also designate the person who served as Executor of my estate as successor Custodian of any property for which I am custodian under any Uniform Gifts to Minors Act or Uniform Transfers to Minors Act. ITEM VIII: Survival. Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. ITEM IX: Executors. I make the following provisions with respect to Executors: (a) I appoint my daughter, SANDRA L. JACKSON, to be the Executor. r Page 7 C.1r1 " i (b) In the event that SANDRA L. JACKSON is unable or refuses to serve as Executor, my daughter, SHARON J. YUNGSHTEN, shall serve as Executor. (c) In the event that SHARON J.°YUNGSHTEN is unable or refuses to serve as Executor, my nephew, JOHN P. WILLIAMS, shall serve as Executor. (d) The Executor`shall have the right to rece'i've reasonable compensation for services rendered and reimbursement for reasonable expenses. (e) No Executor shall be liable or accountable for any loss that may result from the good faith exercise of the authority granted in this Will. (f) The Executor is specifically relieved from the duty of filing bond or entering security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding seven (7) pages, at the end of each page of which I have also set my initials for greater security and better identification this )j day of V 2004. ca� C� (SEAL) CAROKSON We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals.the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. (SEAL) Residing at / 19 /—/C,//V IPP& Ca✓lts le , ed,Ai7 � V_,VU (SEAL) Residing at i i ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF I, CAROLYN W. JACKSON, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. (SEAL) CAR014TN W.. JACKSON Sworn to and subscribed before me this V5 • day of -. .)r+. ewe✓ ' Notary Public My Commission Expires: (SEAL) NOTARIAL S PATRICIA D.OLYARNIK,Notary Public Hampden Twp.,Cumberland County My Commission Expires Au ust 27,2005 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) } SS: COUNTY OF We, 6;/di k r► and �,1 /s 4 the Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix, CAROLYN W. JACKSON sign and execute the instrument as her Last Will and Testament; that Testatrix signed willingly and that she executed said Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as Witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. Witness Witness Sworn to and subscribed before # me this t5.•;61- day of 2004. i 4 C, C- N otary Public My Commission Expires: (SEAL) NOTARIAL SEAL PATRICIA U OLYARNIK;Notary Public Hatripden Twp.,Cumberl�d County my commission Expires August 27,2405