HomeMy WebLinkAbout11-14-14 COURT OF COMMON PLEAS
NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY
ORPHAN'S COURT DIVISION
IN RE: ESTATE OF EUGENE R. HANSON, DECEASED NO.
PETITION FOR RULE TO SHOW CAUSE
WHY CO-EXECUTRIX SHOULD NOT BE PERMITTED TO TRANSFER PERSONAL
PROPERTY IN FULFILLMENT OF TERMS OF LAST WILL AND TESTAMENT OF
EUGENE R. HANSON
NOW COMES the Petitioner, Kathryn L. Johnson, by her attorney Forest N. Myers,
Esquire and sets forth the following:
1. Petitioner is Kathryn L. Johnson, an adult individual who resides at 18620 29th
Avenue North, Plymouth, Minnesota.
2. Respondent is Kristine L. Kraft, an adult individual who resides at 10587 West
Dartmouth Avenue, Lakewood, Colorado 80227.
3. Petitioner is one of the Co-Executrices of the Estate of Eugene R. Hanson,
Deceased, who died September 6, 2013 and whose Last Will and Testament, dated
September 2, 2013, was probated in the Office of Register of Wills of Cumberland
County, Pennsylvania. See Last Will and Testament of Eugene R. Hanson attached
hereto as Exhibit "A".
4. Letters Testamentary were issued by the Register of Wills on September 11, 2013 to
Kathryn L. Johnson and Kristine L. Kraft as Co-Executrices.
5. The Last Will and Testament of Eugene R. Hanson provides at paragraph D as
follows: P�
"D. I give and bequeath my collection of historical artifacts Bch m
museum(s) and/or historical society or other governmental or 1�twc non-C Lfbfit
institution(s) as my executors shall select."
�,� (n d
6. The collection of Eugene R. Hanson consists of approximately 940 firearms, mostly
Civil War and World War I long rifles as well as military uniforms and other
equipment from the Civil and World War I.
7. Since the granting of letters in the estate the co-executrices have identified several
institutions willing to receive parts of the collections, including the Army Heritage
Center in Carlisle, Pennsylvania.
8. Due to the refusal of Co-Executrix Kristine L. Kraft to cooperate the Army Heritage
Center has now declined to accept any part of the collection.
9. Your Petitioner has sought during the past 13 months to work with Co-Executrix Kraft
to find a suitable institution which is willing to accept the collection.
10. Each time a museum or institution has been identified Co-Executrix Kraft has refused
to cooperate to have the collection distributed.
11. Your Petitioner has identified a museum, Sallows Military Museum of 1101 Niobrara
Avenue Alliance, Nebraska which is willing, at its sole cost and expense, to accept
the collections and transport it to Nebraska.
12. Sallows Military Museum has agreed to accept the collection intact. See Exhibit "B"
attached hereto.
13. Your Petitioner has requested that her Co-Executrix, Kristine L. Kraft, cooperate with
her to transfer the collection to Sallows Military Museum, but Kristine L. Kraft has
declined to do so through her attorney, James L. Hughes, Esquire. See email
correspondence to Forest N Myers, Esquire attached hereto as Exhibit "C".
14. Further, Kristine L. Kraft has refused to communicate with her Co-Executrix, the
Petitioner except through her attorney, James L. Hughes, Esquire.
15. The collection of firearms and military memorabilia is currently stored at the
residence of Eugene R. Hanson on Country Club Road, Carlisle, Pennsylvania, is
uninsured and in damp conditions which have caused the items to deteriorate.
16. Prior to his death Eugene R. Hanson had been in contact with Sallows regarding the
transfer of the collection.
17. Petitioner believes that the best course of action is to transfer the collection to
Sallows which has agreed to accept and display the collection giving credit to
Eugene R. Hanson.
WHEREFORE, Petitioner requests your Honorable Court to issue a Rule to Show
Cause, if any, on Kristine L. Kraft why the Petitioner should not be authorized and permitted to
transfer the collection of forearms and Military memorabilia of Eugene R. Hanson, Deceased to
Sallows Military Museum, Alliance, Nebraska.
Respectfully Submitted,
Forest N KTyers
Attorney ID 18064
137 Park Place West
Shippensburg, PA 17257
717 532-9046
I verify that the statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
Cons. Stat. § 4904, relating to unsworn falsification to authorities.
Date: , '
j Kathryn L. Johnson, Plaintiff
Last Will and Testament of �(a[Pl
Eugene R. Hanson
I, EUGENE R. HANSON, of Middlesex Township, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding, do
hereby make, publish and declare this as and for my Last Will and Testament,
hereby revoking all other Wills and Codicils heretofore made by me.
A. Pay all of my just debts, and funeral and burial expenses (including
the cost of a grave marker and family members' costs of travel to attend my
funeral) as soon after my death as conveniently may be done. Pay all estate
administration expenses and all taxes imposed as a result of my death, including
any estate or inheritance tax imposed on the transfer of my Nebraska farmland,
from the principal of my estate without apportionment..
B. To my.trustees hereinafter named, I.hereby:give and devise all that
certain tract or parcel of land, consisting of 80 acres; more.or less, of farmland
owned by me in Gosper County, Nebraska,'IN TRUST; NEV,ER.THELESS,-upon;the. ... . :: :,
Jollowing terms and conditions:
1. 'Trustees shall maintain the farm for use inAgricultural production;
contractiiig with a.tenant farmer'by such arrangement'as Trustees; in their
discretion, may deem to be most reasonable.,and appropriate.for the dual '
purposes of the production of income and the preservation:of the fertility of the
land.'
2. Trustees shall distribute all net income, no less frequently than annually, as
follows: one quarter (1/4) to the Hope Lutheran Church of Smithfield, NE, and
three eighths (3/8) to each of my daughters, for life.
3. After the death of one daughter, income shall be distributed, as follows: 1/4
to the Hope Lutheran Church; 3/8 to my surviving daughter; and 3/8 to be divided
as follows: one share for each of my then living grandchildren and one share for
the issue of each deceased grandchild.
4. After the death of my remaining daughter, income shall be distributed, as
follows: 1/4 to Hope Lutheran Church and 3/4 to be divided as follows: one share
for each of*my then living grandchildren and one share for the issue of each
deceased grandchild.
Exhibit"A"
5. Upon the death of my last surviving grandchild who was alive at time of my
death, the farm shall be sold and the proceeds paid as follows: 1/4 to the Hope
Lutheran Church of Bertrand, NE; and 3/4 to be distributed as follows: one share
for each of my living great-grandchildren, and one share for the living issue of
each deceased great-grandchild.
D. , I give and bequeath my collection of historical artifacts to such
museum(s) and/or historical society or other governmental or public non-profit
institution(s) as my executors shall select.
E. All the rest, residue and remainder of my estate I give, devise and
bequeath to my daughters, Kathryn L. Johnson and Kristine L. Kraft, in equal
shares, per stirpes.
F. I appoint my daughters, Kathryn L.Johnson and Kristine L. Kraft, to
serve as my executors.
G. I appoint my daughters, Kathryn L. Johnson and Kristine L. Kraft, and
the survivor of them,to serve as Trustee(s) of my Farmiand.Trust;*,'Upon the
death, incapacity orres.ignation of both6fmiy s*.a i d.da ughto rs;the,dId est.su rvivi hg
child of each of My said daughters shall serve.as successor Co-.Trustees,- Upon the -
death,'incapacityb r resignation of both of said'success&Ttufte oe,my
grandchildren then livi*n'g shail each have one vote and Hope Lutherah'Ch'U' rich
shall have one vote in!the election or appointment of a successor-trustee: ,A
retention vote shall be conducted d nualIV during the month of January. If the
0,ndude a'n
majority vote to retain the 'successor trustee so elected, s/he shall serve for an
additional year. Otherwise, a replacement trustee shall be elected by the
procedure set forth above.
H. No executor, trustee or other fiduciary acting under this instrument
shall be required to give bond for the faithful performance of his, her or its duties
in this or any other jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my
Last Will and Testament, this �day of September, 2013:
uVne R. Hanson, Testator
Signed,sealed, published and declared by the above-named Eugene R. Hanson,Testator, as and for his
Last Will and Testament in the presence of us,who have hereunto subscribed our names at his request
as witnesses thereto, in the presence of said Testator and of each other.
ADDRESS 1011T9-7-W. htr4 '" Aw .
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ADDRESS AA
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We, Eugene R. Hanson, and he Testator and
witnesses, respectively whose names-dre signed to the foregoing or attached instrument,-being firstduly
':c.:. .:•? ': sworn, do.hereby declare,to the undersigned authority that the Testator'signed,and:executed thee;
instrument as his Last Will and Testafrent and that.he signed willingly,a.nd that he executed as.his free .
and voluntaryact for the purposes therein expressed;and that each of the witnesses, in-the%presence
and hearing of theTestator signed the Will as witnesses and that to the best of their knowledge the
Testator was at.the time eighteen`.(1$)�or'more years.of age,of sound mind and under'no constrain t.oi .
;.undue influence. ,
ugene R. son
Wi e
Witness
Subscribed,sworn to and acknowledged before me by Eugene R. Hanson,the Testator, and
subscribed to and sworn or affirmed to before me by K is vi L. kr-a and
kAVAV-) 4 I- -Jd hXen , witnesses,this .2"-%ay of 2013.
01
l°QMMONVVt�q 7HdNNSYLVANIA
Nota Public NOTARIAL SEAL
ry THOMAS E.FLOWER,Notarryy Public
Carlisle Boro.,Cumberland Coun
My Commission Expires October 26, 014
US
. I_--
ALIES
TVREMEMBER,xoqunAND EDUCATE
November 11.2014
To: Honorable Judges ofthe Court ofCommon Pleas ofthe Ninth Judicial District
I am the of the Sallows Military Museum Foundation located inAlliance,
Nebraska and aesuch amauthorized toexecute this document.
Sallows Military Museum Foundation is a non-profit museum exempt under section 501 c(3)of
the Internal Revenue Code.The mission ofthe museum is:
The Sallows Military Museum's stated purpose is to"Remember, Honor,and Educate",and is
dedicated buthe men and women who served our country intime ofconflict. Weapons, uniforms,
accessories, memorabilia, pictures,and written documents are available for viewing. and
information come primarilyho individuals with some connection to the Western Nebraska Area, Th|m
unique quality provides the visitor a microscopic view of our nation's conflicts and sacrifice through the
eyes ofthose men and women.
We have been in contact with Kathryn Johnson, one of the Co-Executrices of the Estate of
Eugene R. Hanson regarding the acceptance of alarge collection ofIndian War,Civil War,World War i
and World War||firearms and military items. Previously, Dr. Hanson had spoken tnuaconcerning the
donation of these items to Sallows.We are aware of the nature and scope of the collection.
Sallows believes that this collection would add much to its current collection and provide a
window into the role the military played|ntheweo. Sa8c*voispreparmdtooccaptthe entire collection and
hmdisplay it, orparts thereof, appropriately.
Sallows has the curatorial ability as well as the financial wherewithal to accept and care for such
ocd|eobpn.
Witness: SmUmmsMilitary Museum Foundation:
� By
ChairperVon|
�
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)
� 1101 P 0 Box D NE 69301 308-762-2385
/
www.sallowsmilitarymuseum.org
r----------�-------------------' -- —Exhibit"B"
Forest Myers
From: James Hughes <JHughes@salzmannhughes.com>
Sent: Friday, October 24, 2014 2:41 PM
To: Forest Myers; George Douglas
Subject: RE: Hanson Estate
Forest,
I just received this email and your attached letter. Your client may not assume any type of agreement has been
reached. To the contrary,your client intentionally ignored the museums that Mrs. Kraft has suggested be utilized. Mrs.
Kraft has made several attempts to contact the Swallows Museum and they have refused to speak with her or call her
back. I do not know if this is at the direction of your client, but it obviously further shows Mrs.Johnson's ability to be
cooperative. As such, we have been instructed to file the petition and let the Court decide whether Mrs.Johnson or
Mrs. Kraft is better suited to move the estate forward given their disagreements and quite frankly actions undertaken by
Mrs.Johnson. We will be in touch shortly when we are ready to file the petition. Please advise if you will accept service
for Mrs.Johnson. It is unfortunate it has come to this point, but I see no other alternative. Thanks. Jim
James D. Hughes, Esq.
SALZMANN HUGHES, P.C.
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Phone: 717-249-6333
Fax: 717-249-7334
Notice: This communication, including attachments, may contain information that is confidential and protected by the
attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated
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communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including
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intended recipient(s) is not a waiver of any attorney/client or other privilege.
From: Forest Myers [mailto:fnmyers(ablawofficeforestmyers.com]
Sent: Friday, October 24, 2014 2:34 PM
To: James Hughes; George Douglas
Subject: Hanson Estate
Jim and George
Attached is a letter regarding disposition of the Hanson estate guns. Please let me know if you have any questions.
Forest
Exhibit"C"
1
LAW. OF7XCE F' ®REST N. MYERS
137 Park Place West, Shippensburg, Pennsylvania 17257
717.532.9046
Fax 717.532.8879
October 24, 2014
James Hughes, Esquire
George Douglas, Esquire
Salzmann Hughes
354 Alexander Spring Road
Carlisle PA 17015
RE: Eugene Hanson Estate
Gentlemen:
I wrote to you last week regarding a solution to the ongoing saga that is the Eugene
Hanson Estate. I felt that the offer represented a true compromise of the competing co-
executrices' interests.
Having heard nothing since then, Mrs.Johnson assumes that you agree with the
settlement outlined in the letter.That is that the gun collection and military artifacts be
transferred to the Sallows Military Museum and Foundation of Alliance, Nebraska and will
begin that process as soon as possible. Mrs. Kraft will then be able to undertake the removal of
the personal property that will remain in the house and dispose of it either through an auction
or disposal, as she sees fit. Once this has been accomplished she can select a realtor and Mrs.
Johnson will sign a listing agreement and Agreement of Sale for the home.
I believe this represents what Dr. Hanson wanted when he wrote his last will in that his
collection will be kept intact in a museum with the ability to display and represent the
collection and its importance to the history of the westward movement of the United States.
Very truly yours,
Forest N Myers
XC: Kathryn Johnson