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HomeMy WebLinkAbout03-09-15 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: Decedent's Information Name: Arthur B. McCarter File No: 21-15- S a/k/a: Arthur B. McCarter, III (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: February 21, 2015 Age at death: 89 Decedent was domiciled at death in Cumberland County, Pennsylvania (state)with his/her last principal residence at 210 Big Spring Road, Newville, PA 17241 West Pennsboro Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 210 Big Spring Road, Newville, PA 17241 West Pennsboro Township 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 $ 25,000.00 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. ... $ 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 1(, Z003and Codicil(s) thereto dated Margaret McCarter died january . State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,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 did not have a child bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. QNO EXCEPTIONS EXCEPTIONS 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.yt ata., enter date of Will in Section A above and complete list of-irs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divot lgd been e�t��,blishedi aPefined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.t-a tea . [:]NO EXCEPTIONS M EXCEPTIONS m Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following"p e(if any and heirs'(attach additional sheets,if necessary): r —T) ^r Name Relationship Address` N G? COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Joanna Robinson 7206 Boyer Street, Philadelphia 19119 The Petitioner(s)above-named 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 Personal Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn trarmed a "scrni, dVbdrer %.n�Y_ ` 1, RA.�x�a z Date 3 I5 me this ' day f Date By: Date F t isre Date BOND Required:❑YES FV_jNO To the Register of Wills: FEES: n ,�` !� Please enter my appearance by my signature below: L7. . . . . . . . . . . . . . . . . . .. . . $ 113-' Attorney Signature: ( )Short Certificate(s). . . . . . — I ( )Renunciation(s).. . . . . . . . /J ( )Codicil(s). . . . . . . . . . . . . ^^^VVV ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Robert G. Frey Commissio . . Supreme Court r . . . . . . . ID Number: 46397 . . . . . . Firm Name: Frey&Tiley Address: b boUthHanover btreet arise, FIA 11013c— t �? c� Phone: 717-243-5838 Automation Fee. . . . . . . . . . . . . . . Fax: C+s W JCS Fee. . . . . . . . . . . . . . . . . . . . . .� Email: rey re i ey.com. TOTAL. . . . . . . . . . . . . . . . . . . . . $ js - DECREE OF THE REGISTER �— ` Estate of P4C File No: a/k/a: AND NOW, March 2015 , in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Joanna Robinson in the above estate and(if applicable)that the instrument(s) dated ro n,kV described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. 4egister f ills l.5 . ?. SZ) LAST WILL AND TESTAMENT R E C \=-' 1 7�'' OF OF ?0115 MIR 9 Girl 12 29 ARTHUR B. MCCARTER , I, ARTHUR B. MCCARTER, of, Cumberland County, Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament and I do hereby revoke all other former wills and codicils to wills heretofore made by me. My Social Security Number is 195-16-2588. All reference made herein to "spouse or my spouse"refers to the person to whom I am currently married, namely Margaret M. McCarter. By ensuing provisions of this Will, it is my intention to dispose of my interest in our property; I do not intend to dispose of anything belonging to my wife or to put her to any election. I. DEBTS,TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise and estate, inheritance, transfer, and succession taxes, other than any tax on a generation- skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under the provisions of THE ARTHUR B. MCCARTER AND MARGARET M. MCCARTER REVOCABLE TRUST AGREEMENT executed by me on the same date I have executed this Will (my "Living Trust"). If the Living Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of my Living Trust an amount necessary to pay all or part of these items,plus claims,pecuniary legacies, and family allowances by court order. II. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to my Living Trust as a result of the Comprehensive Transfer Document signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into my Living Trust in accordance with the provisions of the section below titled "Residue of Estate." Will Page 1 III. RESIDUE OF ESTATE I give, devise and bequeath all the rest,residue and remainder of my property of every kind and description(including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will,to the Trustee of my Living Trust, which, as stated above, was created by me on the same date as the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of my Living Trust and shall hold, administer and distribute said property in accordance with the provisions of my Living Trust, including any amendments thereto made before my death. If for any reason my Living Trust shall not be in existence at the time of my death,or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under my Living Trust to be invalid, then I give all of my estate, including the residue and remainder thereof, to the person who is the Trustee (or would have been the Trustee if the Living Trust were in existence at the time of my death) as Trustee,to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death in the Living Trust, as then constituted giving effect to amendments, if any, hereafter made, and for that purpose I do hereby incorporate such Living Trust by reference into this my Will. IV. POWERS OF EXECUTOR My Executor shall have the following powers in addition to those conferred by law until all property is distributed: (a) To retain any real or personal property in the form in which it is received. (b) To sell at public or private sales for cash and/or credit,to exchange, and to lease for any period of time, any real or personal property and to give options for such sales, exchanges, or leases. (c) To purchase all forms of property, including but not limited to stocks, bonds, notes and other securities, common trust funds, life insurance policies and real estate, or any variety of real or personal property, without being confined to so-called legal investments and without regard for the principle of diversification. (d) To purchase securities at a premium or discount and to charge such premium or credit such discount to principal or income. (e) To exercise any option arising from the ownership of any investment; to join in. any recapitalization, merger, reorganization, liquidation, dissolution, consolidation or voting trust plan affecting any investment; to delegate powers with respect thereto;to deposit Will Page 2 securities under agreements and pay assessments; to subscribe for stock and bond privileges; and generally to exercise all rights of security holders. (f) To hold property unregistered or in the name of a nominee. (g) To mortgage, divide, alter, repair and improve real property and generally to exercise all rights of real estate ownership. (h) To distribute in cash, in kind, or partly in each, and to cause any share to be composed of cash,property, or undivided fractional shares in property different in kind from any other share. (I) To compromise claims by or against my estate including but not limited to tax issues and disputes, without order of court or consent of any party in interest and without regard for the effect of such compromise on any interest hereunder. (j) To borrow money and to pledge any real or personal property as security for the repayment thereof. (k) To apply income for the benefit of any incapacitated individual to whom income may or must be distributed for any reason during the period of incapacity. Income not so applied may be distributed to a custodian or accumulated, invested and if not sooner applied,paid to such individual upon gaining capacity. (1) To join with my spouse or my said spouse's personal representative in filing any joint income tax return, and to join in any gifts made by my said spouse for gift tax purposes even if this may result in additional liabilities for my estate. Any income or gift taxes due on such returns and any deficiencies, interest,penalties or refunds thereon shall be allocated between my estate and my said spouse or my said spouse's estate, or all to any of them, in such manner as my Executor and my said spouse or my said spouse's personal representative may agree. (m) To apply expenses of my estate permitted as income tax or real estate tax deductions and to value my estate for estate tax purposes by any method permitted. (n) To employ accountants, agents, attorneys, investment counsel, brokers, bank or trust company to perform services for and at the expense of my estate and to carry or register investments in the name of the nominee of such agent, broker, bank or trust company. The expenses and charges for such services shall be charged against principal or income. My Executor is expressly relieved of any liability or responsibility whatsoever for any act or failure to act by, or for following the advice of, such accountants, agents, attorneys, investment counsel, brokers,bank or trust company, so long as my Executor exercises due care in their selection. The fact that an Executor may be a member, shareholder or employee of any accounting, investment, legal or brokerage firm, agent or bank or trust company so Will Page 3 employed shall not be deemed a conflict of interest. Any compensation paid pursuant to this subparagraph shall not affect in any manner the amount of or the right of my Executor to receive commissions as a fiduciary. (o) To invest any part of my residuary estate in, or lend money to, any closely-held business in which I may have an interest at my death for any purposes incident thereto, including but not limited to expansion and entry into new fields of business provided that only assets actually invested in such business shall be liable for the debts incurred in its operation. (p) To disclaim any interest in property without court approval. V. EXECUTOR (a) I appoint my wife, Margaret M. McCarter as Executrix. If my said wife fails to qualify or ceases to act for any reason, I appoint Joanna Robinson as Executor in her place. (b) My Executor shall not be required to post security in any jurisdiction. IN WITNESS WHEREOF, I have set my hand and seal to this,my Last Will and Testament, this 1 1 day of VL�� , �2_z0— S E AL) Arthur B. McCarter ' Signed, sealed,published and declared by the above-named 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. WITNESS: NOTARIAL SEAL GREGORY MARK BLASCHAK, NOTARY PUBLIC PATTON TWP.,CENTRE COUNTY MY COMMISSION EXPIRES APR 289 2007 Will Page 4 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF Cumberland: L,Arthur B. McCarter,the testator 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 and as my free and voluntary act for the purposes therein expressed. Arthur B. McCarter COMMONWEALTH OF PENNSYLVANIA,COUNTY OF Cumberland: On this [t day of 1.1Q C �cel . before me,the undersigned officer,personally appeared Arthur B. McCarter,known to me(or satisfactorily proven)to be the person whose name is subscribed to the foregoing Last Will and Testament, who acknowledged that he executed the same as his Last Will and Testament. Notary Pu is We Z (jj'JJJA-* and 4 �- (. the witnesses whose names are signed to the attached or foregoing instrum t,being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his Last Will and Testament; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. (SEAL) Residing at: (SEAL) Residing at: . COMMONWEALTH OF PENNSYLVANIA,COUNTY OF Cumberland: 'n n Subscribed and sworn to before me by both witnesses,this ( day of Notary Public NOTARIAL SEAL Will Page 5 GREGORY MARK BLASCHAK, NOTARY PUBLIC PATTON TWP.,CENTRE COUNTY MY COMMISSION EXPIRES APR 28,2007 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA y of Clu f •L F No. 2015- 00250 PA No. 21- 15- 0250 J� 9 Estate of: ARTHUR B MCCARTER C Z (First,Middle,Lastl � v a/k/a: ARTHUR B MCCARTER 111 Late Of: WEST PENNSBORO TOWNSHIP CUMBERLAND COUNTY Deceased 1750 Social Securi ty No: WHEREAS, on the 9th day of March 2015 an instrument dated December 11th 2003 was admitted to probate as the last will of ARTHUR B MCCARTER (First,Middle,Last) a/k/a ARTHUR B MCCARTER 111 late of WEST PENNSBORO TOWNSHIP, CUMBERLAND County, who died on the 21st day of February 2015 and WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRA YSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: JOANNA ROBINSON 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, CARLISLE, PENNSYL VA NIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 9th day of March 2015. Register of or,//s C0� ly h v > (3) G �* NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)