HomeMy WebLinkAbout04-08-15 IN R�:GSTATE OF VINCEN'f M. BRA7.IER, : CUMBERLAND CO., PENNSYI,VANIA
DECF.ASED : REGISTEROF WILLS
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PET[TION TO ADMIT TO PROBATE PHOTOCOPY d� YFI�L "� �
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TO THE REGISTER OF WILLS OF CUMIIERLAND COUNTY: � - �-:i 3 --
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AND NOW comes MARILYN A. BRAZIER, by and through her counsel, Cah�Nell &�
Kearns, Y.C., and avers as follows:
L Pctitioner, Marilyn A. Brazier, is the daughter of Vincent M. Brazier
("DecedwP'), who dicd a �esident of Cumbedand Counry, PennsyLvania, on Maroh 15,2015.
2. Decedent was a widower whose sole heirs are his five(5) adult chiLdcen, who are
as follows:
a. Petitioner, Marilyn A. Brazier, of 908 North Alfred Street, Alexandria,
VA 22314;
b. Brian M. Brazier, of 10048 Sheldon Drive, St Louis, MO 63137-3�20;
a Mary J. Brazier, of 12629 N. 39'� Drive, Phoenix, AZ 85029;
d. Stephen F. Brazier, of 21 I Linden Court, Yorktown, VA 23693; and
e. Paul K. Rrazier, of 14110 Rock Canyon D�ive, Cenireville, VA 20121.
3. O� April 4, 2002, Decedent executed a Will, a copy of which is attached as
8xhibit"A", wherein it named Peti[ioner as Exewtrix and named Petitioner and Brian M.
Brazie�, Mary J. Brazier, S[ephen F. Rraziec and PaW K. Brazie�as cqual beneficiaries of
Decedent's estate.
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4. The W ill was prepazed by Decedent's atromcy, James D. Campbell, Jc., and was
wimessed by.Iames D. Campbell, Jr., and his sec�etary.
5. Following execution of the Will by Uccedent, the Will was photocopied and the
photocopy, along with the original, was delivered to Decedent.
6. Tbe photocopy of DecedenPs Will was found in an envelope ma�ked "The Last
Will and Testament of Vincent Medin Braziet' among his personal effects at his death.
7. The original Will was not found amo�g DecedenYs personal effects despite a
thorough search for it.
WHEREFORE, Petitioner respectfully requests that a Citatio� be issued directed to Brian
M. Brazier, Mary J. Brazier, Stcphcn F. Brazier and Paul K. Brazier to show cause why a
photocopy of the Will dated April 4, 2002, of Vi�cent M. Rrazier, Deceased, should not be
admittcd to probate as if it were the o�iginal.
Respectfully submitted,
CALDWELL &KEARNS. P.C.
Date: � /S By: ��fzl�. �� �' z�
F.liza�b tl�i H. Feather, P.squire
Attorney I.D. #92618
3631 North Fron[ Street
Harrisbu�g PA 17ll 0
(717) 232-7661
(717) 232-2766 facsimile
efeatherncklegaLnet
Attorncys for Marilyn A. Brazier
VERIFICATION
I, MARILYIV A. BRA7IER, ve�ify that the avermen[s made in this Petition are t�ue and
correct. I undecstand that false statements herein are madc subject to the penalties of 18 Pa. C.S.
§4904, relaring to unsworn falsification to authorities.
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Date: I✓�,. GL.h. 0 L -JU .�DlJ '✓i u'� �' � .�� �,�ZL
MAR— IL�I� A. BRAZIER
E��II�3IT A
LAST WILL AND TESTAMENT
OF
VINCENT M. BRAZIER
I, VINCENT M. BRAZIER, presently of Carlisle, Cumberland County,
Pennsylvania, being of sound mind, memory and understanding, do make
� and� publish this my Last Will and Testament, hereby revoking and
making void al1 former Wil1s by me at any time heretofore made.
ITEM I . I direct that all my just debts,
funeral expe�ses and inheritance taxes which may become dne as a
result of my death be fully paid and satisfied as soon as
conveniently may be after my decease. I direct that my remains shall
be buried at Arlington National Cemetery.
ITEM II . I bequeath all of my tangible
personal property to my wife, AGNES K. BRAZIER, if she survives me by
thirty (30) days.
. ITEM III . In the event that my wife shall
not survive me by thirty (30) days, I then give, devise and bequeath
all of my tangible personal property to my childre�, MARILYN A.
BRAZIER, of Arlington, Virginia; BRIAN M. BRAZIER, of St . Louis,
Missouri; MARY J. BRAZIER, of Yhoe�ix, Arizona; STEPHEN F. BRAZIER,
of Yorktown, Virginia; and PAUL K. BRAZIER, of Centreville, Virginia,
i❑ shares considered by my Executor to be approximately equal in
value, per stirpes; provided, however, that if any be�eficiary is
less than eighteen (18) years of agc at the time of my death, my
Executor shall deliver, without requiiing bond, to such beneficiary
or to the person with whom such beneficiary is iesiding at the time
of distribution, so much of the beneficiary' s share of such tangible
perso�al property as may be deemed appropriate, in my Executor' s
discretion (and the receipt of the beneficiary or of such person
sha11 be a full and final discharge of my Executor for the property
so delivered) ; and my Executor shall sell the remainder of the
beneficiary' s share of tangible personal property and add the
proceeds therefrom to the share of the beneficiary in my residuary
estate. The term "tangible personal property" for the purpose of
this item and the preceding item hereof shall be construed as not
incl�ding any such property that, in the determination of my
Executor, is (i) held primarily for investment purposes or (ii) used
in connection with any business in which I may be engaged or in which
I may have any i�terest at the time of my death. I may leave a
letter of .intent with my Executor, or another, for the purpose of
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giving guidance to my Executor in the di.stribution of my tangible
personal property among the foregoing beneficiaries, and I request,
but do not require, that my Executor honor my wishes theiein
expressed.
ITEM IV. 117.7. the rest, residue and
remainder of my property and estate, both real and personal, of
whatsoever kind and wheresoever situated, which I may own at the time
of my death, I qive, devise and bequeath uato my wife, AGNES K.
BRAZIER, if she survives me by thirty (30) days .
ITEM V. In the event that my wife shall
not survive me by thirty (30) days, I then give, devise and bequeath
all of the rest, residue and remainder of my property and estate unto
my children previously named, i❑ equal portions, share and share
alike, per stirpes .
ITEM VI . I hereby �ominate, constitute and
appoint my wife, AGNES K. BRAZIER, to be the Executrix of my estate.
In the event that my wife is unable to serve as Executrix for any
reason, I then appoint my daughter, MARILYN A. BRAZIER, as alternate
Executrix, to serve in her place and stead. If neither my wife nor
my daughter aforesaid shall be able to serve as Executrix for any
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reason, I then appoint my son, PAOL K. BRAZIER, to serve as alternate
Executor in her place and stead. I direct that neither my Executrix
nor either of my alternate Executors shall be required to give a bond
for the performance of duties in this or any other jurisdiction.
ITEM VII . All Federal, State and other
death taxes payable because of my death, with respecY to the property
forming my gross estate for tax purposes, whether or not passing
under this Will, including any interest or penalty imposed in
connection with such tax, shall be considered a part of the expense
of the administration of my estate and shall be paid out of the
residue of my estate without apportionment or right of reimbursement.
ITEM VIII. My Executor is requested to
settle my estate as soon after my death as may be practicable, and to
pay or deliver every legacy or bequest to my beneficiaries at the
earliest possible time, consistent with performance of the Executor' s
legal duties .
IN WITNESS WHEREOF, I, VINCENT M. BRAZIER, the Testator, have to
this my Last Will and Testament, written on one side only of five (5)
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sheets of paper, set my hand and seal this �� day of
��, I , 2002 .
✓ ' � �
VINCENT P . BRAZIER
The preceding instrument, consisting of this and four other
typewritten pages, was on the date thereof signed, published and
declared by VINCENT M. BRAZIER, the Testator therein named, as and
for his Last Will, in the presence of us, who at his request, in his
presence and in the presence of each other, have subscribed our names
as witnesses hereto.
�-�-- �� �-y�'"� � Residing at
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COMMONWEALTH OF PENNSYLVANIA .
17qUPNln1 : ss:
COUNTY OF .
I, VINCENT M. BRAZIER, Testator, whose name is signed to the
attached or foregoing instrument, having been duly qualified
according to 1aw, do hereby acknowledge that I signed and executed
the instrument as my Last Will; that I signed it willingly and that
I signed it as my free and voluntary act for the purposes therein
expressed.
IN WITNESS WHEREOF, I, VINCENT M. BRAZIER, have hereunto set my
hand and seal this �_ day of � P/Zil- , 2002 .
r/�-,���h� � ��
VINCENT M. BRAZIEA
SWORN ^!O and subscribed
before me this � day
of1 A PRr� , zooz .
/'(d � f�-�es-��
Nota Public
NOTAfitAL SEPL
P1MlGY L BRESIO. Pblary Pu61ic
Harr�lw�0. ��County .
My Commiesbn F�phes Ma�di�6,2004
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COMMONWEALTH OF PENNSYLVANIA .
T� : S5:
COUNTY OF L/, UPFFIAJ .
We, J...•r 7, 4`—�6�1I Jr and �R �/ZI( �pt �Lf/6f��z , the
witnesses whose names are signed to the attached or foregoing
instrument, being duly qualified according to law, do depose and say
that we were present and saw Testator sign a�d execute the instrument
as his Last Will; that he signed willingly a�d that he executed it as
his free and voluntary act for the purposes therein expressed; that
each of us in the hearing a�d sight of the Testator signed the Wi11
as witnesses; and that to the best of our knowledge, the Testator was
at the time eighteen (18) or more years of age, of sound mind and
under no constraint or undue influence.
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SWORN TO and subscribed
before e this � day
of �ORIL , 2002 .
No r�bli�
02-215/3"1800-1
NOTAFiIAL SEPL �
NANCY L BRESKI, rypyry public
HarAsbur9, Dauplmi Counry .
asr commi�aian� �n��n 7 s 2ooa
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CERT[FICATE OF SF.RVICE
I hereby certify that I have served a copy of the within documen[this 6_-f� day of
�pQ l l, , 2015, on the following by depositing a true and cor�ect copy of the
Petition ro Admit to Probate Photocopy of Will in the U.S. Mail at I larrisburg, Pennsylvania,
postage p�epaid, addcessed to:
Brian M. Brazier
10045 Sheldon Drive
SL Louis, MO 63137-3720
Mazy J. Brazicr
12629 N. 39'h Drive
Phoenix, AZ 85029
Stephen F. Bruier
2ll Linden Court
Yorktown, VA 23693
Yaul K. Brazier
141 10 Rock Canyon Dcive
Ce�treville.V A 20121
CALDWELL& KEARNS, P.C.
By: l,��66$G,j `�Yt-P.��l
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15138-001/PL'28920