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HomeMy WebLinkAbout11-07-14 rcesec 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 31 -144,\1 � Name: ANN F.MOYER File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: October 31,2014 Age at death: 88 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 1590 Boiling Springs Road,Boiling Shrines,PA 17007-9690 Cumberland Street address,Post Office and Zip Code City,Township or Borough -Oe County Decedent died at 361 Alexander Shrine Road,Carlisle,PA 17015 Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania.. ... . . ....... . . .... ...... . . All personal property $ 721,000.00 If not domiciled in Pennsylvania. .. . . ....... . . . ........ . Personal property in Pennsylvania $ If not domiciled in Pennsylvania. . . .. ... ... . ........... . Personal property in County $ Value of real estate in Pennsylvania.. .... ... . . .. ........ .. . . . .............. .......... . . ... .. $ TOTAL ESTIMATED VALUE. ... $ 72L-&00.00 L Real estate in Pennsylvania situated at: None _ �► (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or BSLutlj > my Cj 2— 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 April 16;-20,14=' � anil Qt'Y cil(s) thereto dated June 13 2014 ` ' r-, — r 7 G n r7 `ri State relevant circumstances(e.g.renunciation,death of executor,etc.) z �t �t r7't Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not:aivorced,was ttgba parR pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),and did n6iQave a chilq bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS 0 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,c.t.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. 0 NO EXCEPTIONS 0 EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets, if necessary): Name Relationship Address Form RW-02 rev.10/11/2011 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 ALEXANDER P.SPRAGUE 1590 Boiling Springs Road Boiling Springs,PA 17007-9690 The Petitioners)above-riarned swear(s)or affiirrni(s)the statements 1'9,,thne foregoin tition are true and correct to the best of the knowledge and belief of Petitioner(s)and'thaf,fi'P`eisonal;Representative(s)of the De de t, a Petit' will well and truly administer the estate according to law. /� .,. Swornt ora � sUb,scribed before Date t � OWA me this day of ltveYYl ` ,�0 Date Byrd Date For the Register Date BOND Required: ® YES 1% NO To the Register of Wills: FEES: Please enter my appearance by my signature below: ry Letters . . . . . . . . . . . . . . $ Attorney Signature: C o 'M 'm ( 10) Short Certificate(s). . . . . . C_> ( )Renunciation(s).. . . . . . . . (�D M C) C ;:0 1 Codicil(s) —+ d ( )Affidavit(s).. . . . . . . . . . . rrn rn r=r Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Allen M. Silk,Esq. z Commission. . . . . . . . . . . . . . . . . . Supreme Court _' o (D -73 Other 11 . . . . . . . L5 ID Number: 17496 Qe_Av' . . . . . . . lS ° N`` r m ly) Firm Name: Stark&Stark,P.C. o �l . . . . . . . . Address: P.O.Box 5315 co . . . . . . . . Princeton,NJ 09543-5315 . . . . . . Phone: 609-896-9060 Automation Fee. . . . . . . . . . . . . . . rj Fax: 609-895-7395 JCS Fee. . . . . . . . . . . . . . . . . . . . . 73�.Scb Email: asilk stark-stark_cnm TOTAL. . . . . . . . . . . . . . . . . . . . . $ -7P'. b 5-90 DECREE OF THE REGISTER Estate of ANN F.MOYER File No: a/k/a: ^' AND NOW, Nu-mdQa- -I� 20�- ,in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Alexander P. Sprague in the above estate and(if applicable)that the instrument(s)dated April 10,2014,and June 13,2014 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s))of Decedent. 6e ister of ills Form RW-01 rev.10/11/2011 Page 2 of 2 Hof X, (V wa 00 C') CZ) ANN F. MOYER LU PANN 20YER, of Cumberland County, Pennsylvania, publish and declare this to be my Eag Wuand TRta-.- ment. I revoke all of my prior Wills and Codicils. C-7) ARTICLE ONE TAXES AND EXPENSES All Estate and Inheritance Taxes on all Assets includable in my gross estate for the purposes of those taxes shall be paid as an expense of administering my estate. There shall be no contribution or reimbursement from, proration to, or apportionment against, any Beneficiary or any other Person owning or receiving any Asset which is subject to Estate or Inheritance Taxes but which does not pass under this Will. All of my funeral expenses, last illness expenses,unsatisfied charitable pledges,debts, and estate administration expenses shall similarly be paid. ARTICLE TWO BEQUESTS Section A. Personal Effects. The term "My Personal Effects" includes all clothing, jewelry, motor vehicles, household furniture and furnishings,household appliances,silverware,glassware,china,pets,books,pictures and other works of art, stamp and coin collections, family memorabilia, and all other similar Assets of personal or household use or ornament, which I own at my death. That term also includes all of my interest in casualty insurance policies insuring any of those Assets against loss or liability. I intend to leave a memorandum(which is not a part of this Will)listing some of the items herein described which I wish certain persons to have and direct that my wishes as set forth in the memorandum be observed. I leave the balance of My Personal Effects to my son, ALEXANDER P. SPRAGUE. Section B. General Provisions. The reasonable costs of protecting, appraising,packing, storing, shipping,cleaning, delivering, and insuring all.Assets disposed of in this Article Two, including costs incurred before the issuance of letters testamentary,shall be paid as an expense of administering my estate. The Executor is authorized to make a binding and conclusive resolution of any reasonable doubt or uncertainty as to whether the term "My Personal Effects" includes any particular Asset or Assets. ARTICLE THREE RESIDUARY ESTATE Section A. Definition. The term "My Residuary Estate" includes all the residue of my Assets of every kind, wherever located, which I own at my death. It includes all future interests and all Assets which I have not otherwise effectively disposed of in this Will, either because an intended Beneficiary failed to survive, or for any other reason. Section B. Disposition. I leave My Residuary Estate in equal shares to my daughter, PATRICIA SPRAGUE; and my grandchildren, DANIEL SPRAGUE, JACQUELINE SPRAGUE, CHRISTA SPRAGUE, DAVID SPRAGUE,BRENNA SPRAGUE,PETER SPRAGUE,ANNA CLAIRE SPRAGUE and GRETCHEN SPRAGUE. If any individual does not survive me, I leave his or her share to such individual's Issue, per stirpes. If any individual does not survive me, but has no Issue surviving him or her, such share shall lapse. ARTICLE FOUR VESTING OF INTERESTS Section A. Simultaneous Death. If any Beneficiary dies simultaneously with me or under circumstances where there is no sufficient evidence of the order of our deaths otherwise than simultaneously,I shall be presumed to have survived that Beneficiary for all purposes material to this Will. Section B. Disclaimers. At any time before receiving any Asset under this Will, each Beneficiary is authorized to disclaim all or any part of that Beneficiary's interest under this Will. From time to time after receiving any Asset under this Will, each Beneficiary is authorized to release all or any part of that Beneficiary's remaining interest under this Will. In addition to any other method of disclaimer or release recognized by law, a Beneficiary may disclaim or release any interest under this Will by delivering to the Executor an Acknowledged Instrument to that effect. The executors or administrators of a deceased Beneficiary are authorized to similarly disclaim or release any interest of that deceased Beneficiary, without authorization or approval by any court. After any disclaimer or release, the interest under this Will which has been disclaimed or released shall be administered and distributed as if that Beneficiary did not survive me. ARTICLE FIVE PERSONS UNDER TWENTY-ONE Section A. Discretions. The Executor is granted absolute discretion to distribute any Asset left to a Beneficiary who has not attained the age of twenty-one (21) to the Beneficiary; to the Beneficiary's natural, general, or testamentary guardian; or to a custodian for the Beneficiary under the Uniform Gifts to Minors Act of either the State in which the Beneficiary or custodian resides, or any other State of competent jurisdiction. The Executor is authorized to permit any Beneficiary who has not attained the age of twenty-one (2 1)to have the possession of any of My Personal Effects left to that Beneficiary, without bond or surety. Additionally, the Executor is granted absolute discretion to retain any Asset left to a Beneficiary who has not attained the age of twenty-one (21), until the Beneficiary attains that age or dies, whichever occurs first. While holding any retained Asset, the Executor is authorized to exercise all Rights and Discretions over it which are granted elsewhere in this Will. The Executor is granted further absolute discretion, at any time or times, to distribute any part or all of the net income and principal of any retained Asset to the Beneficiary, which is advisable in the Executor's absolute discretion for the Beneficiary's best interests and general welfare, ignoring all income and other resources available to the Beneficiary. The Rights and Discretions granted in this Section A shall be exercisable even though a Beneficiary who has not attained the age of twenty-one (2 1)may be legally regarded as an adult. Section B. Distribution. When the Beneficiary attains the age of twenty-one(21),the Executor shall distribute all retained Assets, as then constituted, to the Beneficiary. If the Beneficiary dies before attaining the age of -2- twenty-one(21),the Executor shall distribute all retained Assets,as then constituted,to the Beneficiary's executors or administrators. The receipt of the Beneficiary,of any such guardian or custodian,or of the Beneficiary's executors or administrators, or evidence of any such distribution, shall completely discharge the Executor from all further accountability and liability for that distribution. ARTICLE SIX FIDUCIARIES Section A. Appointment of Executor. 1. Initial Appointment. ALEXANDER P. SPRAGUE shall be the Executor of this Will. 2. Successor Executors. If ALEXANDER P. SPRAGUE fails to qualify or ceases to act as an Executor for any reason,the following shall serve, in the order named, as successor Executor to fill the vacancy occurring in the office of Executor: First, PATRICIA A. SPRAGUE; then Second, CLARK M. SPRAGUE. I request that my Executor consult with ALVIN BLITZ as an advisor to the Executor in administering my Estate. Section B. Resignations. Each Executor and successor Executor is authorized to resign from that office at any time, without any reason, by an Acknowledged Instrument to that effect filed in a court of competent jurisdiction. Section C. Powers of Successor Executors. Each successor Executor shall have all Rights and Discretions which are granted to the Executor who preceded that successor, except those which are specifically denied in this Will. Section D. Waiver of Bond. No Executor or successor Executor shall be required to give any bond or security in any court or jurisdiction for acting as such. ARTICLE SEVEN EXECUTOR'S POWERS AND PROVISIONS I grant unto my Executors (including any substitute or successor personal representative) the following powers, in addition to (except as hereinbelow modified) those powers from time to time granted by the laws of Pennsylvania to Executors of Pennsylvania residents during the course of administration of my estate, the same to be exercised in such manner as the exercise of reasonable discretion may deem advisable, and to be applicable to all property, real and personal, at any time forming part of my estate: 1. To retain,temporarily or permanently,any or all property owned by me at the time of my death in the form in which it then exists; acquire by purchase, exchange or otherwise, and retain, temporarily or permanently, any kind of realty and personalty, including stocks and unsecured obligations,undivided interests,interests in investment trusts,mutual funds,common trust funds,leases, and property which is outside of my domicile,all without being under any duty to diversify the property and without being limited to investments authorized by law for such funds(including the discretion to retain as an investment any obligation or obligations owing to me by any corporation in which I have a stock interest at the time of my death); and hold funds uninvested, or deposit any monies of my estate -3- (or of any trust hereby created) in one or more savings or other banks (including the fiduciary) in any form of account whether or not interest-bearing; 2. To vote through its officers, employees or agents, in person or by general, limited or discretionary proxy, or give its consent for any purpose, in respect of any stocks or other securities constituting assets of my estate; exercise or sell any rights of subscription or other rights in respect thereof; 3. Unless inconsistent with other provisions of this instrument, to hold two or more funds in one or more consolidated funds, in which the separate fund or funds shall have undivided interests; 4. To sell, exchange or otherwise dispose of realty and personalty publicly or privately, wholly or partly on credit or for any consideration, including stocks, bonds or other corporate obligations, grant options for the purchase, exchange or other disposition of any such property; 5. To pay general legacies, establish trusts, and divide or distribute principal, in kind or in money, or partly in each, or by way of undivided interests; 6. To delegate discretionary powers to agents, remunerate them, and pay their expenses; employ and pay the compensation of accountants, custodians, legal and investment counsel without diminution of any Executor's commissions; 7. To renew, assign, alter, extend, compromise, release, with or without consideration, or submit to arbitration,obligations or claims,including taxes,held by or asserted against it or which affect estate assets; 8. To hold property in its own name or in the name of nominees; 9. To borrow money from itself or others and pledge or mortgage any property, for the payment of taxes, debts, legacies or expenses or any other purpose which in its opinion will facilitate the administration of my estate; 10. To exercise any election or option that may be available to it under the Internal Revenue Code; but if Federal Estate Taxes are increased because my Executor in the exercise of such an option claim administration or other expenses or losses as deductions on income tax returns,the corpus of My Residuary Estate shall not be reimbursed out of the income thereof because of such increase; and in no case shall any adjustment be made in the interests of the beneficiaries under this Will because of my Executor's exercise of any election or option available under the Code; 11. To manage, retain, insure, improve, alter, subdivide, dedicate to public use or lease real property or grant easements with respect thereto for periods to begin presently or in the future without regard to statutory restrictions on leasing and even though any such period may extend beyond the term of any Trust; 12. To consent to and participate in any plan for the liquidation,reorganization,consolidation or merger of any corporation any security of which is held in my estate; 13. To abandon, in any way, property which it determines not to be worth protecting; 14. To deposit funds in the savings department of any bank without limit as to duration or amount; 15. To sell or exercise any "rights" issued on any securities held in my estate; and 16. Unless inconsistent with other provisions of this instrument, all dividends payable in stock,all dividends in liquidation and all"rights"issued on securities shall be allocated to principal,and all other dividends received (except those declared and payable as to a "record date" preceding my death, which shall be treated as principal) shall be allocated to income. ARTICLE EIGHT CONSTRUCTION PROVISIONS Section A. Executor. The term "Executor" includes any personal representative, successor Executor, preliminary Executor, and any administrator with the Will annexed. It also includes the terms "Executors" and "Executrix" whenever the facts and context require. -4- Section B. Children. The terms"Child" and"Children"mean descendants in the first degree of the designated parent, who are living at the date of execution of this Will, and those who are born thereafter. Those terms include Persons who are legally adopted by the designated parent only before that adopted Person attains the age of majority. Those terms do not include a stepchild, a foster child, or a grandchild or more remote legitimate descendant. At the time of the execution of this Will,I have four(4)living Children: CLARK M. SPRAGUE, OREN D. SPRAGUE, ALEXANDER P. SPRAGUE and PATRICIA A. SPRAGUE. Section C. Issue. The term"Issue"includes Children and more remote descendants of the designated ancestor,who are living at the date of execution of this Will, and those who are born thereafter. That term includes Persons who are legally adopted by the designated ancestor or by any descendant of the designated ancestor only before that adopted Person attains the age of majority. That term also includes all Children and Issue,whether natural or legally adopted before attaining that age,of any adopted Person, to the same extent as if each Person legally adopted before attaining that age had been the adoptive parent's natural Child. IN WITNESS WHEREOF, I have signed my name to this Will on this I C) day of �� r► ` , 2014. ANN F. MOYER This instrument, consisting of six (6) pages, was on the above date, signed, published, and declared by the Testator to be her Will, in the presence of each of us, and at the same time we, at her request, in her presence, and in the presence of each other signed our names as attesting witnesses. residing at (. piq-�-r� �• �ti.C��. /_1�/1,�� residing at a �'� %n1 s Ir -5- COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF 1,ANN F. MOYER, the Testator, sign my name to this instrument this f© day of -k r, ( , 2014, and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and that I sign it willingly(or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed,and that I am eighteen years of age or older,of sound mind,and under no constraint or undue influence. ANN F. MOYER We, .J ca., L . SM'I A and eQ\6 n rh. .�-1 c��r , the Witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the Testator signs and executes this instrument as his or her Last Will and that he or she signs it willingly(or willingly directs another to sign for him or her, as the case may be), and that each of us, in the presence and hearing of the Testator,hereby signs this Will as witness to the Testator's signing, and that to the best of our knowledge,the Testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence. Witness Wit ess The Commonwealth of Pennsylvania County of C",\bpi-(ay,)d, Subscribed, sworn to and acknowledged before me by ANN F. MOVER, the Testator and subscribed and swornto before me by J Q a.n k• M h and k ev"i' n i'h • ,��cY►p r , Witnesses, this 10`'' day of �r1 I , 2014. COMMONWEALTH OF PENNSYLVANIA �yl Notarial Seal GZ� - i /i (�I✓IL(�C� Barbara M.Minnier,Notary Public South Middleton Twp.,Cumberland county NO ARY PUBLIC My Commission Expires March 22,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES -6- FIRST CODICIL TO LA famed, L^, o LU �.J t U_ C>Cl._ �. �- l� � = Run if. f d a: U cv I,ANN F.MOYER,a resident of Cumberland County,Pennsylvania,declare this to be a First Codicil to the Last Will and Testament executed by me on April 10,2014 in the presence of Jean L. Smith and Kevin M. Stoner, as Witnesses. 1. I revise Section A of Article Six of my Last Will and Testament in its entirety to read as follows: "ARTICLE SIX FIDUCIARIES Section A. Appointment of Executor. I. Initial Appointment. ALEXANDER P.SPRAGUE shall be the Executor of this Will. 2. Successor Executors. If ALEXANDER P.SPRAGUE fails to qualify or ceases to act as an Executor for any reason,the following shall serve,in the order named,as successor Executor to fill the vacancy occurring in the office of Executor: First, CLARK M. SPRAGUE; then Second, F&M TRUST COMPANY of Chambersburg, Pennsylvania." 2. In all other respects, I ratify and confirm all of the provisions of my said Last Will and Testament dated April I0; 2014. IN WITNESS WHEREOF,I subscribe my name to this First Codicil to my Last Will and Testament,this 13-'A day of_ (ahs _ , 2014. ANN F. MOYER This instrument,consisting oftwo(2)typewritten pages was signed,and published and declared by ANN F. MOYER, the Testator, to be the First Codicil to her Last Will and Testament, in our presence, and we at her request and in her presence and in he presence of each other have hereunto subscribed our names as attesting witnesses. PA residing at o (� S 1 fT _ AA4Akfit residing at �p i n 5p r i n P4 COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF &-m bkr j cvn I,ANN F.MOYER,the Testator,sign my name to this instrument this {3�' day of J"C. , 2014, and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as the First Codicil to my Last Will and Testament and that I had signed willingly and that I executed it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence. mac/�v ANN F. MOYER We, Key1 h M 54-onerr and Kr(Skk, �ul(is6-►► the Witnesses, respectively, whose names are signed to the attached instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as the Testator's First Codicil to the Testator's Last Will and Testament and that the Testator had signed willingly and that the Testator executed it as the Testator's free and voluntary act for the purposes therein expressed; and that each Witness states that he or she signed the Codicil as Witnesses in the presence and hearing of the Testator, and that to the best of his or her knowledge the Testator was at the time eighteen(18)years of age or older, of sound mind, and under no constraint or undue influence. Wit ess 1, -k- Witness Commonwealth of Pennsylvania County of b vm b.er-j aA-� - Subscribed,sworn to and acknowledged before me by ANN F.MOYER,the Testator and subscribed and swornto before me by Kevl h f'ti'1 S-j-00w- and Kris 12n Cu,//iSo P, Witnesses, this I b 46, day of \,J Lu)t- , 2014. COMMONWEALTH OF PENNSYLVANIA A Notarial seal N TARY PUBLIC Barbara M.Minnier,Notary Public South Middleton Twp.,Cumberland county My commission Expires March 22,2015 MEMBER,PENNSYLVANIA ASSOUATION OF NOTARIES 2 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA of CV/ye� No. 2014- 01062 PA No. 21- 14- 1062 D 9Z Estate Of: ANNFMOYER (First,Middle,Last) v ^) Late Of: MONROE TOWNSHIP ' CUMBERLAND COUNTY o _� rn Deceased 1750 Social Security No: c : - . WHEREAS, on the 7th day of November 2014 instrumen't's atecp April 10th 2094 June 13th 2014 �., -t were adzFd€rted co C to probate as the last will and codicil of ANNFMOYER W Ems' (First,Middle,Last) late of MONROE TOWNSHIP, CUMBERLAND County, who died on the 31st day of October 2014 and, WHEREAS, a true copy of the will &codicil as probated is annexed hereto THEREFORE, I, LISA 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: ALEXANDER P SPRAGUE who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYL VA NIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 7th day of November 2014. Reifister of lit I eput **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)