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HomeMy WebLinkAbout01-13-15 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: Rick E Price Decedent's Information GG Name: Ernestine V Price File No: 21-115 ��- a/k/a: Ernestine V.Brown Price (Assigned by Register) a/k/a: alk/a: Social Security No: Date of Death: 12/28/2014 Age at Death: 84 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 323 Touchstone Drive,Carlisle 17015 South Middleton Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 323 Touchstone Drive,Carlisle 17015 South Middleton Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: /f domiciled in Pennsylvania...................... All personal property $ 1,280,000.00 lfnot domiciled in Pennsylvania................ Personal property in Pennsylvania $ if not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 250,000.00 TOTAL ESTIMATED VALUE $ 1,530,000.00 Real estate in Pennsylvania situated at 323 Touchstone Drive,Carlisle 17015 South Middleton Cumberland (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)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 01/27/2014 and Codicil(s) thereto dated State relevant circumstances(e.g.,renunciation,death of executor,etc.) r-.A Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not mar was notAvorced,was�a p tATA pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g) ,eond did not ha6I chit CM or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. .Q n ®NO EXCEPTIONS ❑ EXCEPTIONS `i7 D ::7 E] B. Petition for Grant of Letters of Administration (If applicable) :zM W t�-1 ata.,d.b.n.,d.b.n.c.t.a.,pedente lite,dtfrante'absentia.dura�nte"oritate 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. r> o --� r Except as follows:Decedent was not a party to pending divorce proceedingwherein the grounds for divorce hadbeQ es�ablislWed as d-eefir�d in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adudicated an incapacitated person. - i ❑NO EXCEPTIONS ❑ EXCEPTIONS c Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(icy)and heirs(attach additional sheets,if necessary): Name Relationship Address 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 Rick E Price 1 Windcroft Court Carlisle,PA 17015 Name as listed in Will: Rick Eugene Price r The Petitioner(s)above-named`twear(s'or 2ffirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,at Personal Representative(s)of the D nt Petiti ner(s well'and truly administer the estate accordin lto law. Sworn to or affirmed-and subscribed before _ �-' _ _ Date me this qday of +.=,�� Date By: On .1i�9 �/Z Date For the Register i. Date BOND Required? YES NO To the Register of Wills: Please enter my appearance by my signature below: FEES: Letters.......................................... $ 960.00 Attorney Signature: ( 10 )Short Certificate(s)......... 50.00 ( )Renunciation(s).............. ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: Georgef-�Douglas,III Bond............................................. Q C� Supreme Court7 ? L? Commission...............................:.. ID Number: 61886 Other Will 15.00 ( r17 PA Inheritance Tax 15.00 I__ �" ) � Firm Name: Salzmann Mei P.e Inventory 15.00 Address: 354 Aleza-ldei Spring 4k9ad,§i ite Carlisle;PA1{7015 - F: rn C7) Phone: 717-249-6333 'Automation Fee............................ 5.00 Fax: JCS Fee....................................... 35.50 TOTAL......................................... $ 1,095.50 E-mail: gdouglas@salzmannhughes.com DECREE OF THE REGISTER Date of Death: 12/28/2014 Social Security No: Estate of Ernestine V Price File No: 21-1,E— � a/k/a: Ernestine V.Brown Price AND NOW, )(U),lal� �� 4� in consideration of the foregoing Petition, satisfactory proof having been presented befo a me,IT IS DECREED that Letters Testamentary are hereby granted to Rick E Price in the above estate and(if applicable)that the instrument(s)dated 01/27/2014 described in the Petition be admitted to probate and filed of record as the st Will(and Codicil ))of Decedent. Q ll.egiihr of Wills Copyright(c)2011 form software only The Lackner Group,Inc. Walp""Page2of2 RECORDED OFFICE OF REGISTER ^,F WILLS ° S 13 PM OBLAST WILL AND TESTAMENT ORFHA S' COURT CU M B E R LA N ]ERN, ]:ATINE V. BROWN PRICE, of 323 Touchstone Drive, Carlisle, Cumberland County, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. Further, to the extent that sufficient assets exist in my estate, any and all inheritance or other estate taxes, whether to non-charitable or charitable beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate prior to distribution and no part of the taxes paid shall be prorated or apportioned among the persons or beneficiaries receiving the taxable property regardless of tax rate applicable by law to each such persons or beneficiaries. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. I direct my Executor to provide for a funeral service in conformity with my station in life and that my body be cremated and the ashes interred in Arlington National Cemetery, Virginia. I further direct that the funeral services be conducted by ROSEMARY BROWN, a Methodist minister in Nashville, Tennessee. FOUR. I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures,jewelry, china, crystal, appliances, silverware, wearing apparel and all other like articles of household or personal use or adornment (after the Directive attached to my Will has been honored) to those of my children who are living at my death in as nearly equal shares as they shall select under the supervision of my Executor. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds therefrom shall pass as part of my residuary estate. FIVE. I give, devise and bequeath the following personal and real property that I own at the time of my death as follows: All of the real property located in the Commonwealth of Virginia and state of West Virginia and all of the stock including, but not limited to the BB&T stock (formerly known as Matewan National Bank) and the Mylan stock which I received from my parents, Marie A. Brown and Emmett E. Brown, is to be divided among my sons, EMMETT WILLIAM PRICE, JAMES FRANKLIN PRICE and RICK EUGENE PRICE, per stirpes. If under the provisions of my Will, any principal becomes invested in a grandchild under the age of twenty-five (25), then his or her share shall be held in Trust, the income and principal to be administered and disposed of as herein provided in Paragraph SIX. 2 sIX. Upon creation of this Trust, the Trustee shall divide the same into individual shares in accordance with the share that each said heir or beneficiary inherited hereunder. The Trustee shall pay to each such grandchild all of the income from his or her share in such periodic installments as such grandchild and Trustee shall find convenient, but not less frequently than quarter-annually. The Trustee, as well as my Executor or Executrix, as the case may be, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of my heir or beneficiary, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, for the use and benefit of my heir or beneficiary, such portion of or all of the principal of his trust estate as in the Trustee's sole discretion seems proper for their continued support, maintenance, education, medical care or general welfare. My primary objective is to ensure the continued support, maintenance, education and medical care of my heir or beneficiary until they reach the age of twenty-five (25) years. Notwithstanding the above purpose of this trust, the Trustee, in the Trustee's sole discretion, may distribute any portion of the income or principal of the trust estate over to any heir or beneficiary who has not attained the age of twenty-five (25) years prior to the ultimate distribution hereof as the Trustee deems proper for the health, maintenance, education, general welfare or setting up of an heir or beneficiary in business or in a profession, or the purchase of real property or for similar purposes or for any other purpose which would in the Trustee's sole discretion advance the best interest of said heir or beneficiary. When each heir or beneficiary reaches the age of twenty-five (25) years, then whatever remains of income or principal of his or her trust estate shall be distributed to my heir or beneficiary, per stirpes. In the event that any heir or beneficiary of this Paragraph predeceases me or becomes deceased prior to the distribution of their Trust without leaving surviving issue, 3 the deceased heir or beneficiary's share shall be distributed to my residual beneficiaries as stated in Paragraph FIVE above. SEVEN. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. EIGHT. I hereby nominate and appoint my son, RICK EUGENE PRICE, to be the Executor of this my Last Will and Testament. In the event he has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint my sons, EMMETT WILLIAM PRICE and JAMES FRANKLIN PRICE to be the substitute Co-Executors of this my Last Will and Testament, whereby the said substitute personal representatives shall have the same powers as are given to the original Executor hereunder. NINE. I hereby nominate and appoint my son, RICK EUGENE PRICE, to serve as Trustee of any trusts created in this my Last Will and Testament. TEN. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty(60) days. ELEVEN. No Executrix, Executor, Guardian or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. TWELVE. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. 4 THIRTEEN. The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. FOURTEEN. The Trustee, as well as my Executor or Executrix, shall have the following powers, in addition to those vested in it by law, for my property held for the benefit of my beneficiaries, whether income or principal, exercisable without court approval and effective until the distribution of all property under the terms of the trust set forth above: The Trustee, at its discretion, may compromise claims, borrow money or retain property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactions as it may deem proper; and invest trust property and income without restrictions to legal investments. The determination of the Trustee with respect to the advisability of making payments out of the income or principal to any heir or beneficiary inheriting hereunder shall be conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. FIFTEEN. Any Trustee shall be entitled to reasonable fees commensurate with its duties and responsibilities, taking into account the value and nature of the Trust estate and the time and work involved. If any licensed attorney or certified public accountant shall serve as Trustee, such person shall be compensated for services rendered on the basis of such person's customary charges for legal or accounting services. The Trustee shall be reimbursed for the reasonable costs and expenses incurred in connection with its fiduciary duties hereunder. No Trustee, 5 whether original or successor, shall be required to furnish bond or other security in any jurisdiction. SIXTEEN. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,,)I+kday of _)�kh , 2014. ERNESTINE V. BROWN PRICE Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. 6 ACKNOWLEDGMENT AND AFFIDAVIT WE, ERNESTINE V. BROWN PRICE, PATRICIA R. BROWN, and 49 :u, a. , the testatrix and witnesses respectively, whose names are signed to the 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, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a witness 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. y r ERNESTINE V. BROWN P CE V PATRICIA R. BROWN WITNESS COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by ERNESTINE V. BROWN PRICE, the testatrix herein, and subscribed and sworn to before me by PATRICIA R.BROWN and 14!e 4 9r �,�a ,witnesses, this )1 day of , 2014. COMZ WEALTH QF"ANSYLVANIA Notarial Seal Tamera S.Siegrlst,Notary Public South Middleton Twp.,Cumberland County My Commloon p9ires Dec.32014 7 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTAR?" REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA Of UM s No. 2015- 00041 PA No. 21- 15- 0041 Estate Of: ERNESTINE VPRICE /First,Middle,Last) alkla: ERNESTINE V-BROWN PRICE Late Of: SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY Deceased 1750 Social Security No: WHEREAS, on the 13th day of January 2015 an instrument dated January 27th 2014 was admitted to probate as the last will of ,, ERNESTINE V PRICErri (First,Middle,Last) C'> C> alkla ERNESTINE V BROWN PRICE M r M-1 M late of SOUTH MIDDLETON TOWNSHIP, CUMBERLAND County, who died on the 28th day of December 2014 and c 5� .<D -TI :Z3 WHEREAS, a true copy of the will as probated is ark Ede-ed hSet(g" C--> r- THEREFORE, 1, LISA M. GRAYSON, ESQ. Regi sder of W�115; jm and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: RICK E PRICE 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, CA RL ISL Er PENNS YL VA N/A. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 13th day of January 2015. Reg' ter of Wills V IDeptty **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)