HomeMy WebLinkAbout03-27-15 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: Benjamin Savidge File No:
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: February 20,2015 Age at death: 85
Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last
principal residence at 42 Oakwood Drive Wormleysburg Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 42 Oakwood Drive Wormleysburg 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 $ 1,730,000.00
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. ... $ 1.730.000.00
Real estate in Pennsylvania situated at:
(Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County
�v
Ca 4
A. Petition for Probate and Grant of Letters Testamentary c '
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated ' :7 andT�o
thereto dated April 2,2014
Carolyn Enid Savidge.and Thomas P (;acki renunciations
*� -� —
State relevant circumstances(e.g.renunciation,death of executor,etc.)
CI7 f»} f7
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divdr¢ed,yv5s notA"toy pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g);al4dii snot a cl�iddh rn or
—' ^�
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. , ; ► w
y,. M.
NO EXCEPTIONS C)EXCEPTIONS t} c-2`,
0 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 Q 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 Pennsylvania }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Grace Elizabeth Savidge 146 Sycamore Ridge Drive Bermuda Run NC 27006
A
The Petitioner(s)above'tamed sweaj(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 tas Persona;.Repiesentative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law.
Sworn r o affifned,and subscribed before � ��� Date - z7
me thi Na-y�o �'c ?' ,�OI Date
By: { l--tt,f)'- Date
For the Register Date
BOND Required: Q YES (D NO To the Register of Wills:
FEES: {{ Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ Attorney Si ature:
( 4)Short Certificate(s). . . . . . �O
( Z )Renunciation(s).. . . . . . . . 1 r�
( )Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Thomas P.Gacki
Commission. . . . . . . . . . . . . . . . . . Supreme Court
OtherwiI I . . . • • • • • ID Number: 44864
I nVOOro 124 . . . . . . 1
. . . . . . . �) Firm Name: Eckert Seamans
. . . . . . . . Address: 213 Market Street,8th Floor
Harrisburg,PA 17101
Phone: 717-237-6093
Automation Fee. . . . . . . . . . . . . . . Fax: 717-237-6019
JCS Fee. . . . . . . . . . . . . . . . . . . . . 3�j',Ij 0 Email: -tgacki(4eck rtceamanc cnm
TOTAL. . . . . . . . . . . . . . . . . . . . . $ I I"1g,spe-e6
DECREE OF THE REGISTER
Estate of Beniamin Savidge File No: 21" Co 33�
a/k/a:
AND NOW, 'rna 3 ,��V , inconsideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Grace Elizabeth Savidge
in the above estate and(if applicable)that
the instrument(s)dated April 2,2014
described in the Petition be admitted to probate and filed of record as the last Will (and myamm�
Cod
eicill(s))of Decedent.
ister of W 1s j M4?j�
Form RW-o1 rev.10111120111� 6ike 2 of 2
REC4R� 0 QFr". ICE dr
-REGiSTI"R cf wiu-s� WILL
?01'5 MR 27 M 1111 O F
GLEE`k 0F. BENJAMIN SAVIDGE
OR'PHAt4S"
`C 0 , r,- ` I01, BE=NJAMIN SAVIDGE, of Cumberland County, Pennsylvania, make this
.my Last Will, hereby revoking any and all former Wills or Codicils made by me.
ARTICLE ONE
Payment of Last Expenses
I direct my Personal Representative to pay the expenses of my last illness
and my funeral expenses as soon as may be convenient after my death.
ARTICLE TWO
Tangible Personal Property
Section 1. Spouse Surviving. I give my automobiles, household and
personal effects, and other tangible personal property of like nature (not including cash
or securities), together with any existing insurance thereon, to my spouse, CAROLYN
ENID SAVIDGE, if my said spouse survives me by sixty (60) days.
Section 2. Spouse Not Surviving. If my said spouse fails to survive me'
by sixty (60) days, I give said property as I may have provided in a memorandum kept
with the original of this Will, or to the extent not so provided, to such of my children as
are living on the sixty-first (61st) day after my death in such shares or by such items as
they may agree upon. Any such property not so distributed shall be sold and the
proceeds added to my residuary estate and pass under Article Three hereof.
ARTICLE THREE
Residue
All of the residue of my estate, excluding any property over which I have a
power of appointment, I give to the Trustees under the BENJAMIN SAVIDGE
AMENDED AND RESTATED REVOCABLE TRUST dated today, as amended at any
time prior to my death, (hereinafter, the "Revocable Trust") to be added to and to form a
part of the Trust Estate held under said Revocable Trust, or, if said Revocable Trust is
not in effect at the time of my death, to be held in trust on the same terms and
conditions specified in the instrument(s) governing said Revocable Trust as it existed at
fL0540030.1}
the time of the execution of this Will or of the last codicil hereto, with like effect as if said
terms and conditions were set forth herein verbatim.
ARTICLE FOUR
Personal Representative
I appoint my spouse, CAROLYN ENID SAVIDGE and THOMAS P.
GACKI, as my Co-Personal Representatives under this Will. My said spouse, or any
successor Personal Representative, shall have' the authority, in his or her sole
discretion, to appoint another individual or bank as an additional or successor Personal
Representative, or to renounce his or her appointment in favor,of another individual or a
bank. If my said spouse is,unable or unwilling to act or to continue to act as my
Personal Representative under this Will, and a successor has, not been appointed,
appoint my daughter, GRACE ELIZABETH SAVIDGE and THOMAS P. GACKI, as
successor Co-Personal Representatives. If my said daughter is,unable or unwilling to
act or to continue to act as my Co-Personal Representative under this Will, I appoint
DEBORAH E. CONRAD, as successor Co-Personal Representative. In the event
THOMAS P. GACKI is ,unable or unwilling to actor to continue to act as my Co-
Personal Representative, no successor Co-Personal :Representative to. THOMAS P.
GACKI is mandatory. In addition to the powers conferred by law, my Personal
Representative shall have the following discretionary powers, exercisable without the
need to obtain court approval:
Section 1. Power to Retain Assets. To retain as part of my estate any
property received hereunder, without any duty of diversification.
Section 2. . Power to Invest. To invest.and reinvest the principal-of my
estate in such stocks, bonds, mortgages, securities or other property, real or personal,
without being limited to the classes�of securities or investments in which fiduciaries are
by law authorized to invest funds.
Section 3. Power to , Deal With Assets. To sell, exchange,, lease,
encumber, option or otherwise dispose of all or any portion of my estate, real or
personal in such manner and upon• such terms and conditions as are deemed
advisable, and to make, execute and deliver any documents necessary to effectuate
any powers herein granted. 1
Section 4. Tax Powers. In connection with the making and filing of all
income tax, estate, inheritance and other death tax, gift tax and other tax returns and
the paying of such taxes, to make such elections, . decisions, concessions and
settlements, including extensions of time for the payment of any Federal estate taxes or
other taxes due, as may be deemed .proper, without liability to :any person thereby
affected, and without the,necessity of,making compensating adjustments.
- 2 -
and other taxes of a similar nature payable by reason of my death, I authorize my
Personal Representative to borrow money and for that purpose to mortgage any such
real estate and to execute and deliver all notes, 'bonds, mortgages, and other
instruments and to perform all acts necessary, proper or convenient in connection
therewith, any and all such loans and mortgages to be made in the sole discretion of my
Personal Representative and for such amounts and upon such terms as my Personal
Representative deems proper. I authorize my Personal Representative, without the
necessity of petitioning any court for approval or confirmation, to sell at any time all or
part of the real estate which I own at my death to, any one or more of my children or
their issue for such price and upon such terms and conditions as all of my surviving
children may agree.
ARTICLE FIVE
Waiver of Bond
I direct that no Personal Representative or any other fiduciary named
hereunder shall be required to give bond for the faithful performance of duty in any
jurisdiction.
ARTICLE SIX
Source of Payment of Debts, Expenses and Taxes
All estate taxes, inheritance taxes, transfer taxes and other taxes of similar
nature, together with any interest and penalties thereon, payable by reason of my death
upon the property constituting my gross estate for death tax purposes, whether or not
such property passes under this Will, and all debts, costs of administration and other
proper expenses, paid by my Personal Representative shall, except to the extent paid
by my Trustees, be paid from the principal of my residuary estate passing under Article
Three, without reimbursement from or apportionment among the legatees or devisees
or persons having a beneficial interest in any such property. Assets sold by my
Personal Representative to make payments hereunder shall be selected, to the extent
advisable, so as to minimize the recognition by my estate of gain for income tax
purposes. My Personal Representative may enter into such agreement to pay all or any
part of the death taxes on any future interest as may be deemed appropriate, and such
agreement shall be binding upon all parties in interest.
- 4 -
ARTICLE SEVEN
Interpretation of Will
Section 1. Singular and Plural; Use of Gender. Whenever used herein,
the singular shall .include the plural, the plural the singular and .the .use -of any gender
shall be applicable to all genders.
Section 2. Definition_ of Child, Children or Issue. Whenever the terms
"child," "children" and "issue" are used herein, such terms shall be-interpreted to.include
adopted children, regardless of the date of adoption, .with full effect as if they were the
natural children of the adopting parents. Such terms are also intended to include
persons in,gestation at any pertinent time under this Will, ,provided such persons survive
birth by thirty (30) days.
Section 3. Captions. The captions.of articles and sections of this Will
are for convenience of reference only and shall not,affect the interpretation of this Will.
Section 4. Governing Law. I hereby declare that I am. a domiciliary of
the Commonwealth of Pennsylvania and that the succession laws and other applicable
laws of the 'Commonwealth of Pennsylvania shall control the interpretation of this Will
and the ownership of any other -property passing at the time of my death other than
under this Will, and that no succession laws of any other nation or state shall have any
applicability to this Will or the ownership of any other property passing at the time of my
death other than under this Will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to the
original of this Will only this 2nd day of April, 2014.
(SEAL)
BENJAMIN SAVIDGE
Signed, sealed, published and declared by the above-named, Maker, as
and for said person's Will in the presence of us and each of us, who, *at said person's
request, in said person's presence and in the presence of each other, have hereunto
subscribed our names as witnesses thereto the day and year last above written.
Residingat Gl/I�
Residing at o '`
- 5 -
ftFCQRrt? C'FI✓ICE 0 '
REC` S-TEil 0,F..WTLLS-
?DIS ,MRR 27 Hn 1132 RENUNCIATION
0 RR H A Pt C.-Om—? T REGISTER OF WILLS
:C 3ER4r,� �, Cumberland COUNTY,PENNSYLVANIA
Estate of Benjamin Savidge .Deceased
I, Carolyn Enid Savidge ,in my capacity/relationship as
(Print Name)
Spouse and named Co-Executor of the above Decedent,hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Grace Elizabeth Savidge
2-M-
(Date) (Signature)
42 Oakwood Drive
(Street Address)
Wormleysburg, PA 17043
(City.State,Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
of that he or she executed the renunciation for the
purposes stated within on this o�" f-' day
ofQ`G Gam_. O_L5
Deputy for Register of Wills 6 ublic
Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
OMMONWEALTH OFENN LVA IA
NOTARIAL SEAL
Jayne K,Brinkley,Notary/Public
Form RW-06 rev.10.13.06 RW-06 r x City of Harrisburg,Dauphin County
,My Commis#Ion Expires July 20,2018
N E ,PENNSYLVANIA A550WATION OF N A IE
1
CC
RECORDED OF ICEr_
REG1SMR C'F MLL.-S
HIS MRH 27 Pn 1132'
C-LE R 4 F RENUNCIATION
,ORPRARS' Cry i
'C U R E'r, C" F` REGISTER OF WILLS
Cumberland -COUNTY,PENNSYLVANIA
Estate of Benjamin Savidge _ , Deceased
I, Thomas P. Gacki ,in my capacity/relationship as
(Print Name)
named Co-Executor of the above Decedent,hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Grace Elizabeth Savidge
I 7/ L
(Date) (Signature)
213 Market Street 8th Floor
(Street Address)
Harrisburg, PA 17112
(City,State,Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
of that he or she executed the renunciation for the
purposes stated within on this day
of ✓S
Deputy for Register of Wills tary Pu ie "
My Commission Expires: r
(Signature and Seat of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.) .
'OMMONWEALTH OF PENNIXLYANIA
NOTARIAL SEAL
' Jennifer L.Sko}F,Notary Public
Form RW-06 rev.10.13.06 RW-O6 ° City of Harrisburg,Dauphin County
*Commission Expires Dec.9,Mill
M ER,. 4 MNS LVAMIA A890CIATION