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HomeMy WebLinkAbout02-12-15 Reset 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 Name: Constance F.Lewis File No: . a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: January 30,2015 Age at death: 86 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 312 North 26th.Street,Camp Hill, 17011-3619 Camp Hill Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 312 North 26th. Street,Camp Hill, 17011-3619 Camp Hill 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 $ 780,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ 000 Ifnot domiciled in Pennsylvania. ....................... Personal property in County $ 0.00 Value of real estate in Pennsylvania.............. ........................................... $ 0.00 TOTAL ESTIMATED VALUE. ... $ 780.000.00 Real estate in Pennsylvania situated at: None (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)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated Novem6�26,2014 'C-"and ?d�l(s) thereto dated None :s- o –*i67) LZ n '20 State relevant circumstances(e.g.renunciation,death ofexecutor,etc.) rq Except as follows: after the execution ofthe instrument(s)offered for probate Decedent did not marry,was not divbrced,,wa`s 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 d'id'not hays a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. r:) 7_1 ) NO EXCEPTIONS 0 EXCEPTIONS -: Co r— rn CD 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(ifany)and heirs(attach additional sheets,ifnecessary): 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 CI..r.•��,�r�a } Petitioner(s)Printed Name Petitioner(s)Printed Address f . S A' 11, >> The Petitioner(s)above-mmr d_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 Persoifdil Represen2ative(s)of the"U�ece�lent,the Petit jner(s) well and truly administer the estate according to law. Sworn to),oya�ffir}ned a4d subscribed before Date I e this ��S' ' day Of t' �� Date By: � � Date For the Register Date tv BOND Required: YES WNO To the Register of Wills: - + M rn FEES: Please enter my appearance by my sigi-ae beloW.T1 C.t at Letters . . . . . . . . $ 56 0 AttorneySignature:g nature: 1'1 771 ( 'a ) Short Certificate(s). . . . . . ( )Renunciation(s).. . . . . . . . c TM ( ) Codicil(s). . . . . . . . . . . . . -yi -TI ( ) Affidavit(s).. . . . . . . . . . . /' ' "- Bond.. . . . . . . . . . . . . . . . . . . .. . . Printed Name: �/(/l '1 ��sr� 1` ` `!V 7a ri�aa- Corn missipn. . . . . . . . . . . . . . . . . . Supreme Court �{ } � w��l �� i �� c,`� Other . . . . . . . ID Number: E--� = 115\0 V11, Qy- R b-r-y1. 15 Firm Name: \ 1 S S S L•C . . . . . . . . Address: �Y • / . . . . . . Phone: \, L C/5-- ago Automation Fee. . . . . . . . . . . . . . . Fax: L"'1 - 9 -7 ell JCS Fee. . . . . . . . . . . . . . . . . . . . . 39, Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ —765 1 ti 0 }- DECREE OF THE REGISTER Estate of Cb n l�LA t T- e F. L L'Wu File No: QA— 15— C15-7 a/k/a: AND NOW � I�uLlYL l �a in consideration of the foregoing Petition, satisfactory proof having been presentell before me,IT IS DECREED that Letters��otawl are hereby granted to in the above estate and(if applicable) that the instrument(s) dated (Vmoo, 101 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. e ter of Wil(s (X Foran RW-n2 )-ev. 10/11/2011 &pdb—Page 2 of 2 RECORDED OFFICE 0R -R E 2 3 S L-, r F "' 1 ; ,AST WILL AND TESTAMENT FE3 12 n;=i 9 23: OF CONSTANCE F. LEWIS 0RP1-IAf CUMDE- ,t I, CONSTANCE F. LEWIS, residing at 312 North 261h Street, Camp Hill, Cumberland County, Pennsylvania 17011-3619 (formerly of 86B Heritage Hills, Somers, Westchester County, New York 10589), which I declare to be my domicile, and being aware of the contingency of life, the nature and extent of my property, both real and personal, and being of sound and disposing mind, do hereby make, publish and declare this instrument as and for my LAST WILL AND TESTAMENT, hereby revoking all Wills and Codicils by me at any time heretofore made. FIRST: I am presently widowed from my second husband. I have one (1) child from my first marriage, to wit: SUSAN R. FERRON. Any mention of "child" or "children" in this Will shall refer to my above named child. SECOND: I direct that my legally enforceable debts and the expenses of my funeral and last illness shall be paid out of my estate as soon as practicable after my death. THIRD: I direct that all estate, inheritance, succession, transfer or other death taxes assessed by any taxing authority, whether domestic or foreign, in respect to all property taxable by reason of my death or by inclusion of such property in my gross estate for estate tax purposes, be paid, without apportionment, out of my residuary estate. 1 CFL: FOURTH: Upon my death, funeral and burial arrangements shall be made according to any specific instructions I have provided to my Executrix/Executor. I hereby direct that my niece, ROBIN E, BALABAN, shall be the person responsible for the disposition of my remains. If ROBIN E. BALABAN is not able to serve in this capacity for any reason whatsoever, I direct that WILLIAM R. BALABAN shall be the alternate person responsible for the disposition of my remains. FIFTH: I give all of my jewelry, paintings, clothing, furniture and household furnishings , silver, and all tangible personal property, except money and securities, which shall belong to me at the time of my death, to my Executrix to distribute as my Executrix sees fit. My Executrix shall be guided by any written list made by me or labeling made by me prior to my death. Should there be any disputes, all such distributions and determinations shall be in the discretion of my Executrix and.shall be conclusive and binding upon all parties interested in my estate. I direct that any expenses incurred in obtaining possession, appraising, safeguarding, delivering or selling such property be paid from my estate as an expense of administration. SIXTH: All of the rest, residue and remainder of my estate, real and personal, of whatsoever kind and nature and where so ever situated, whereof I may die seized or possessed, or over which I may have power of testamentary disposition, hereinafter referred to as my residuary estate, I give, devise as follows: A. I give the sum of FIVE THOUSAND ($5,000) DOLLARS to Yale University located in New Haven, Connecticut to be added to the JOHN ALAN LEWIS PRIZE for summer studies in mathematics which was 2 CFL: established some years back. In addition, the sum of ONE THOUSAND ($1,000.00) DOLLARS shall be given to the Leukemia Society of America to be used in the study of chronic myelocytic leukemia. The rest of my residuary estate shall be distributed as follows: B. FORTY (40%) PERCENT thereof to my Trustees, as named in an irrevocable trust instrument executed by me known as THE SUSAN R. FERRON SUPPLEMENTAL NEEDS TRUST, which trust instrument was signed on the 13th day of July, 2011, as amended from time to time, to be administered under the terms of said trust. If my daughter, SUSAN R. FERRON, shall not survive me, then I direct that her share be distributed SIXTY (60%) PERCENT to my niece, ROBIN E. BALABAN, or if she shall not survive me, then equally to her surviving issue and TWENTY (20%) PERCENT each to my nephew, REED ELLRICH, and to my daughter's second cousin, TANAQUIL TAUBES, or if either shall not survive me, then equally to his or her surviving issue. C. FORTY-TWO (42%) PERCENT thereof to RICHARD A. (KIP) LEWIS and if he shall not survive me then equally to his surviving issue. D. SIX (6%) PERCENT thereof to each of the following: KATHRYN McGOVERN and CONSTANCE DEVANTHERY, or if not surviving, then equally to their surviving issue, and SIX (6%) PERCENT thereof to my trustees, as named in the irrevocable trust instrument executed by me known as THE SUSAN R. FERRON SUPPLEMENTAL NEEDS TRUST, 3 CFL: t_ which trust instrument was signed on the 13th of July, 2011, to be administered under the terms of said trust. SEVENTH: I hereby grant to my Executrix and to any Trustee serving under this Will all powers granted to fiduciaries under the laws of the State of New York, and particularly under the statutory provisions contained in Estates, Powers and Trust Law, Section 11 -1.1, whether my estate is administered in the State of New York or elsewhere. In addition to the powers granted by law, I authorize my Executrix, legal representative or Trustee serving under this Will: A. To accept additions to my estate or to any Trust under my Will from any source. B. To acquire the remaining undivided interest in property of my estate or Trust in which my Executrix or Trustee, in fiduciary capacity, holds an undivided interest. C. To invest and reinvest the assets of my estate or any Trusts created under this Will in securities or in real or personal property, whether within or outside of the State of New York or the United States, without the need for diversification as to kind or amount and without being limited to investments authorized by law for fiduciaries. More specifically, but not by way of limitation, I authorize and empower such Executrix or Trustee to: 1. Invest in discretionary common trust funds, mutual funds, investment trusts, unsecured obligations, stocks, bonds, and real estate. 4 CFL:'C r-fi- 2. Retain as long as such Executrix or Trustee deem proper any real or personal property or any stocks, bonds, notes or other securities (including securities issued by my corporate fiduciary) which I own at my death or which are subsequently acquired. D. To effect and keep in force fire, rent, title, liability, casualty or other insurance to protect the property of the estate or Trust and to protect the fiduciary. E. With respect to any property, real or personal, or any estate therein owned by my estate or Trust, except where such property or any estate therein is specifically disposed of. 1. To take possession of, collect the rents from and manage the same. 2. To sell the same at public or private sale, and upon such terms and conditions, including credit, as my fiduciary shall deem advisable. 3. To lease, partition, mortgage, or subdivide the same, even where the terms of such lease or mortgage shall extend beyond the administration of my estate or the term of any Trust. 4. To abandon property which does not have sufficient economic value, in my Executrix's or Trustee's judgment, to make it worth protecting. 5. To repair or improve the same. 6. To grant options for the sale of same for a period not exceeding six (6) months. 5 CFL: F. To employ any bank or trust company incorporated in the state of my domicile, any national bank located in the state of my domicile or any private banker duly authorized to engage in business in the state of my domicile as custodian of any stock or other securities held as fiduciary, and the cost thereof (except In the case of a corporate fiduciary), shall be a charge upon the estate or Trust. G. To cause any stock or other securities to be registered and held in the name of a nominee. H. As substitute or successor fiduciary, to succeed to all of the powers, duties and discretion of the original fiduciary, with respect to the estate or Trust, as were given to the original fiduciary. I. To contest, compromise or otherwise settle any claim in favor of the estate, Trust or fiduciary or in favor of third person(s) and against the estate, trust or fiduciary, or to submit the same to arbitration, without judicial approval. J. With respect to any shares of stock or other securities owned by my Executrix or by any Trustee: 1. To vote or refrain from voting, in person or by proxy, discretionary or otherwise, regarding such shares of stock or other securities. 2. To pay calls, assessments and any other sums chargeable or accruing against or on account of shares of stock, bonds, debentures or other corporate securities, whenever such payments may be legally enforceable against the fiduciary or any property of the estate or Trust 6 CFL:��� or the fiduciary deems payment expedient and for the best interest of the estate or Trust. 3. To sell or exercise stock subscription or conversion rights, participate in foreclosures, reorganizations, consolidations, mergers or liquidations and to consent to corporate sales, leases and encumbrances. K. To execute and deliver agreements, assignments, bills of sale, contracts, deeds, notes, receipts, and any other instruments necessary or appropriate for the administration of the estate or the Trust. L. In the case of a Trustee, to hold the property of two or more Trusts or parts of such Trusts created by the same instrument as an undivided whole without separation as between such Trusts or parts, provided that such separate Trusts or parts shall have undivided interests and provided further that no such holding shall defer the vesting of any estate in possession or otherwise. M. To make distribution in cash, in kind valued at fair market value of the property at the date of distribution, or partly in each, without being required to make pro rata distributions of such property. N. To pay all reasonable and proper expenses of administration from the property of the estate or Trust including the reasonable expense of obtaining and continuing the fiduciary's bond and any reasonable counsel fees which the fiduciary may incur. 7 CFL: z- O. To employ and remunerate agents to perform necessary services for the estate or for any Trust created thereunder such as, but not limited to: accountants, attorneys, investment advisors, actuaries, appraisers and custodians. P. To borrow in the name of my estate or Trust from themselves or others and secure such loans by mortgage, note, or pledge, at prevailing rates of interest. Q. To execute, file and deliver proofs of claim or receipts required to collect all policies of life insurance on my life which name my estate or any trust created hereunder as beneficiary; elect any optional modes of settlement available under such policies; receive, administer and distribute the proceeds of such policies in accordance with the dispositive provisions of this Will. The receipt of my Executrix or trustee shall constitute full acquaintance to any insurance company for policy proceeds paid. R. To allocate, in their sole and absolute discretion, any amount of the exemption from generation skipping taxes allowed under Internal Revenue Code, Section 2631(a), to property of which I am the transferor, including property transferred during my lifetime to which no allocation has previously been made, without the necessity of making adjustment or reimbursement to any person or Trust as a result of such allocation. EIGHTH: I appoint my niece, ROBIN E. BALABAN, as Executrix of this my Last will and Testament. If ROBIN E. BALABAN is not able to serve as Executrix, for any reason whatsoever, I appoint JEFFREY A. LEWIS, as alternate Executor of this my Last Will and Testament. No Executor/Executrix or 8 CFL: Trustee hereunder shall be required to furnish any bond or other security for the faithful performance of his or her duties as such in any jurisdiction, or be liable or accountable for any act or omission of any other Executor/Executrix or Trustee, as the case may be, at any time in office hereunder or otherwise than for his/her own failure in his/her capacity as such Executor/Executrix or Trustee to exercise reasonable care, diligence and prudence. NINTH: If it becomes necessary to have ancillary administration of my estate in any jurisdiction where my Executrixes are not able nor desire to qualify as ancillary legal representatives, I appoint as such ancillary legal representative such individual or corporation as my Executrix shall designate in writing. I direct that any balance of my property remaining after such ancillary administration be delivered, to the extent permitted by law, to my Executrix for disposition in accordance with the terms of my will. I further direct that all of the powers and discretions granted to my Executrix hereunder shall also apply to any such ancillary legal representative. TENTH: If any person who may be interested in my estate dies at the same time as I do or under such circumstances that there is insufficient evidence to determine which of us died first, then it shall be presumed that such person predeceased me. ELEVENTH: Anything hereinabove to the contrary notwithstanding, I give, bequeath and devise to my Executrix, to act as Trustee, IN TRUST, any property which would, pursuant to any provision of this Will, be payable or distributable to a minor, during the minority of such minor, to invest and reinvest the same, collect the income therefrom and pay to or applied for the benefit of such 9 CFL: L--- minor all or so much of the net income therefrom and, in addition, all or so much of the principal property thereof as my Trustee, in the Trustee's absolute discretion, shall, from time to time, deem advisable for the support, maintenance or education of such minor (without any duty to take into account any other resources of such minor or of any other person, whether or not legally obligated to support said minor), and to accumulate and add to such property all income therefrom not so paid. Any balance of such property and income remaining in the hands of my Trustee and all income then accrued but not then collected shall be paid or distributed to such minor upon the attainment of such minor of majority, or if such minor does not survive to majority, to the estate of said minor. Payments or distributions under this Will for the benefit of a minor may, but do not have to, be made to the parent of such minor or to the guardian of the person or property of such minor appointed in any jurisdiction or to the person with whom such minor at the time resides, if that person has attained majority status as defined herein, or to a custodian for such minor under any Uniform Transfer To Minors Act or similar statute, or to the legally appointed committee of such minor or to the said minor him or herself. A receipt or voucher for any payment or distribution so made shall be a full discharge therefore to my Trustee, who shall not be required to see to, or be liable for, the application of any such payment or distribution. The term "MINOR" as used herein in this will shall mean any person who has not attained the age of TWENTY-ONE (2 1) years. The term "MAJORITY" as used herein in this Will shall mean the attainment by a person of the age of TWENTY-ONE (21). TWELFTH: Wherever used herein, words importing the singular shall include the plural and vice versa and words importing the masculine shall include the feminine and neuter, and vice versa, unless the context otherwise requires. 10 CFL: 0-r6-G THIRTEENTH: I direct that no Executor/Executrix, Trustee or legal representative of my estate shall be required to furnish any bond or other security in any jurisdiction. FOURTEENTH: Throughout this will the term "give" shall be deemed to include the term "bequeath" or "devise" when appropriate. IN WITNESS WHEREOF, I have to this, my LAST WILL AND TESTAMENT, consisting of 11 pages, subscribed my name and affixed my seal this 26th day of November, 2014. Constance F. Lewis, Testa rix 11 CFL: CiG- The preceding instrument, he Last Will and testament of Constance F. Lewis consisting of eleven (11) typewritten pages, each identified by the initials of the Testatrix, Constance F. Lewis, was on this 26th day of November, 2014 signed, published and declared by her, the Testatrix therein named, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names as witnesses. bA6M�kb.I �d� �3�ealk)aj �c 11 Pj9 WITNESS ADDRESS c 70 EJ "W'150-SS ADDRESS 12 CFL: C4� COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF DAUPHIN I, Constance F. Lewis, the 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; and that I signed it willingly as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by Constance F. Lewis, the Testatrix, this 26th day of November 2014. Constance F. Lewis, Testatrix Sworn or affirmed to and acknowledged before me, by Constance F. Lewis the Testatrix, this 26th day of November, 2014. Notary Pu li My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dorothv M.Scott,Notary Public City of Harrisburg,Dauphin County My Commission Expires Sept.11,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES 13 CFL: