HomeMy WebLinkAbout05-11-15 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 �l _
Name: R.WILLIAM McCOY File No: 11�v 05a�7
a/k/a: (Assigned by Register)
a/k/a:
a/k/a Social Security No:
Date of Death: FEEBRUARY 15,2015 Age at death: 101
Decedent was domiciled at death in CUMBERLAND County, PENNSYLVANIA (state) with his/her last
principal residence at 1 LONGSDORF WAY, CARLISLE 17015 S. MIDDLETON TWP CUMBERLAND
Street address,Post Office and Zip Code City,Township or Borough County
ti
Decedent died at 1 LONGSDORF WAY, CARLISLE 17015 S. MIDDLETON TWP 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 $
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. :**...**'******''**...*
ennsylvania. ....................... Personal property in County $
Value of real estate in Pennsylvania............. ............................................ $ 300.000
TOTAL ESTIMATED VALUE. ... $
Real estate in Pennsylvania situated at: 450 OAK LANE MANOR, MT. HOLLY SPRINGS 17065 S. MIDDLETON TWP
(Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough CUMBERLANDCounty
❑✓ 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 DCEMBER 199 , Codicil(s)
thereto dated rn n
FAY E. McCOY DIED ON 04/27/13 _ o.
State relevant circumstances(e-g.renunciation,death of executor,et% --0 - Cf)
C --i
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not many,wagn6t diyoFiced,wiaAot a partR 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 qld born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. , 1 c7 3 -n -n
NO EXCEPTIONS ❑EXCEPTIONS ' �—
❑ B. Petition for Grant of Letters of Administration of applicable)
c.La.,d.b.n.,d.b.n.c.t.a.,pendente lite;'durante abs tia,durante minoritate
If Administration,ca.a. or db.mca 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.
[]NO EXCEPTIONS ❑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. 10/1112011 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
JOAN McCOY POSEY 900 SANDBANK RD., MT. HOLLY SPRINGS, PA 17065
MARJORIE McCOY-GROUP 500 OAK LANE, MT. HOLLY SPRINGS, PA 17065
WILLIAM CHARLES McCOY PO BOX 18, MT. HOLLY SPRINGS, PA 17065
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 and truly administer the estate according to law.
Sworn to or affirmed and subscribed before 1e'\.0- Date 3 (1 116--
me
Sme this day of , 201S Date r
By: o Date S u- (K
For the Register t I Date
BOND Required:❑YES g]NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . . . . . .. . . . . . . . . .. . . . . . $ 310.00 Attorney Signature*
( 1 )Short Certificate(s). . . . . . 5.00 c� o
( )Renunciation(s).. . . . . . . . rn m M
( )Codicil(s). . . . . . . . . . . . '' C7
( )Affidavit(s).. . . . . . . . . . . Cf)_jp;
Bond... . . . . . . . . . . . . . . . . . . . . . Printed Name: MARCUS A. McK: rn
Commission. . . . .. .. . . . . . . . . . . Supreme Court
Other . . . . . . ID Number: 25476 ' O
WILL 15.00 ,-, ca
INVENTORY . . . . . . . . 15.00 Firm Name: IRWIN&McKNIGHT;p.C. r- ~-
INH TAX RETURN . . . . . . . . 15.00 Address: 60 WEST POMFRET STREET �—
. . . . .. . . CARLISLE, PA 1;7013g zn—
. . . . . Phone: (717)249-2353
Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)249-6354
JCS Fee. . . .. . . . . . . . . . . . . . . . . 35.50 Email: MMcKNIGHT .IRWINMcKNIGHT.COM
TOTAL. . . . . . . . . . . . . . .. . . . . . $ 400.50
DECREE OF THE REGISTER CC
Estate of R.WILLIAM McCOY File No: i "(`7 ��
a/k/a: C
AND NOW, Q c�'IJ�S , in consideration of the foregoing Petition,
satisfactory proof having been p e ented before me,IT IS DECREED that Letters TESTAMENTARY
are hereby granted to JOAN McCOY POSEY, MARJORIE McCOY GROUP AND
WILLIAM CHARLES McCOY in the above estate and(if applicable)that
the instrument(s)dated DECEMBER 22, 1995
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
H/0
APJD k A ,
gaster of Wills �X —
Form RW-02 rev. 10711/2011 t 1 age 2 of 2
• Real estate in Pennsylvania situated at: LOT#7 SANDBANK RD MT HOLLY 17065 S.MIDDLETON TOWNSHIP,PA
' (Attach additional sheets,if necessary.)Street address,Post Office and Zip Code City,Township or Borough County
Real estate in Pennsylvania situated at: LOT#8 SANDBANK RD MT HOLLY 17065 S.MIDDLETON TOWNSHIP,PA
(Attach additional sheets,if necessary.)Street address,Post Office and Zip Code City,Township or Borough County
Real estate in Pennsylvania situated at: 160 LEEDS ROAD NEWVILLE 17241,PENN TOWNSHIP PA
(Attach additional sheets,if necessary.)Street address,Post Office and Zip Code City,Township or Borough County
i
u
SIS �iflY 11 �f''i `i O1
a
G L E : �
LAST WILL.AND TESTAMENT
r 6RPHIAN'' 0",w -,I
lfi E
I, R WILLIAM McCOY, of the Borough of Carlisle, Cumberland County,
Pennsylvania,being of sound mind, disposing memory and full legal age, do hereby make, publish
and declare this instrument to be my Last Will and Testament, hereby expressly 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 may be done conveniently after my decease.
Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or
payable by reason of my death and all 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.
TWO: My Executor or Executrix, as the case may be, 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
q
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 hereby give, devise and bequeath all of my estate of every nature and
wherever situate to be distributed IN TRUST; for my spouse, FAY E. McCOY, subject to the
following provisions:
A. The estate shall be divided by the Trustee into two separate trusts, hereinafter
referred to as Trust A(the Marital Trust), and Trust B (the Family Trust).
B. Trust A, the Marital Trust, shall consist of all of my assets other than those
allocated to Trust B, the Family Trust.
C. Trust B, the Family Trust, shall consist of assets equal in value to the maximum
amount, if any, that are necessary to permit my estate to use in full any federal estate tax unified
credit which has not been claimed for distribution during my lifetime after considering any
adjusted taxable gifts and bequests by Will which do not qualify for the marital deduction and all
charges to principal of the estate which are not deducted in computation of the federal estate tax
of my estate; provided , however, that the allocation of the Family Trust shall be satisfied with
assets as of the date of allocation or distribution; and provided further that any assets which do
not qualify for the federal estate marital deduction shall be used first to satisfy the allocation to
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this Family Trust.
D. From the Marital Trust, the Trustee shall pay all of the net income to my
spouse, FAY E. McCOY, in monthly payments. My spouse also has the right to receive from the
Trustee all or a portion of the principal from the Marital Trust and to change the beneficiaries of
this Marital Trust in my spouse's discretion. At the death of my spouse, the Trustee shall
distribute the remaining principal and accumulated income of the Marital Trust to my children,
JOAN McCOY POSEY, MARJORIE McCOY GROUP and WILLIAM CHARLES
McCOY, in equal shares, per stirpes, which provides that the child or children of any deceased
child taking the share their parent would have taken if living. If one of my children dies without
living issue, the share of said deceased child shall be distributed to the other children living at that
time.
E. From the Family Trust, the Trustee shall pay all of the net income to my
spouse, FAY E. McCOY, in monthly payments. The Trustee may distribute to my spouse such
amounts from the principal of the Family Trust as provided hereunder, up to the whole thereof, as
the Trustee, in his or her discretion, shall deem necessary or advisable to provide for the care,
maintenance and support of my spouse, so as to support my spouse in my spouse's accustomed
manner of living, provided, however, the Trustee shall consider any other sources of income
available to my spouse when making payment hereunder. The Trustee shall, when requested by
my spouse, pay five (5%) percent of the principal or $5,000.00, whichever amount is greater,
3
annually to my spouse during my spouse's lifetime, but in no way shall the Trustee distribute more
of the principal of this Family Trust to my spouse than in the above amounts. This limited right to
make withdrawals from the principal of the trust estate is noncumulative, .so that an amount which
might have been withdrawn during a particular year may not be withdrawn in any subsequent
year. Upon the death of my spouse, the remaining accumulated income and principal of the
Family Trust shall be distributed to my children, JOAN McCOY POSEY, MARJORIE
McCOY GROUP and WILLIAM CHARLES McCOY, in equal shares, per stirpes, which
provides that the child or children of any deceased child taking the share their parent would have
taken if living. If one of my children dies without living issue, the share of said deceased child
shall be distributed to the other children living at that time.
F. In the event that my spouse predeceases me, dies simultaneously or I choose
for whatever reason during my lifetime to withdraw all of the assets from the Marital Trust set
forth in my spouse's Last Will and Testament or if I have accumulated any other assets which are
not being held in trust hereunder or under any written trust document executed by me during my
lifetime, then in that event, I hereby give, devise and bequeath all the rest, remainder and residue
of my estate under this Paragraph Three to be distributed to my children, JOAN McCOY
POSEY, MARJORIE McCOY GROUP and WILLIAM CHARLES McCOY, in equal
shares, per stirpes, which provides that the child or children of any deceased child taking the share
their parent would have taken if living. If one of my children dies without living issue, the share
4
of said deceased child shall be distributed to the other children living at that time.
FOUR. 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 trusts set forth in Paragraph Three or
Paragraph Four 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.
FIVE. I hereby nominate and appoint my spouse, FAY E. McCOY, to be the Executrix
5
of this my Last Will and Testament. If my spouse has predeceased me, failed to qualify,
renounced or ceased to serve as Executrix for whatever reason, I then appoint my children,
JOAN McCOY POSEY, MARJORIE McCOY GROUP and WILLIAM CHARLES
McCOY,, to serve as the Co-Executors in her place, said substitute personal representatives
having the same powers as are given to the original Executrix hereof.
SIX. I hereby nominate and appoint ORRSTOWN BANK, to serve as Trustee of any
trust(s) created herein.
SEVEN. No Executrix, Executor, or Trustee acting hereunder shall be required to post
bond or enter security in this or any other jurisdiction.
EIGHT. No person or persons shall benefit hereunder unless such beneficiary shall
survive me for a period of at least thirty(30) days.
NINE. In the event of a common disaster causing the death of myself,my spouse and all
of my children and grandchildren, without surviving issue, all within a period of thirty (30) days,
and no other disposition of the,residue of my estate is directed by this Will, then in that event
only, I give, devise and bequeath the rest, residue and remainder of my estate, real and personal,
to be divided equally, per stirpes, between the remaining heirs of my family, the respective
identities of those heirs to be determined in accordance with the intestate law in effect in the
6
Commonwealth of Pennsylvania at the time of my death and the remaining heirs of my spouse's
family, the respective identities of those heirs to be determined in accordance with the intestate
law in effect in the Commonwealth of Pennsylvania at the time of my death.
TEN. No beneficiary may assign or anticipate his or her interest in any income or
principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise
reach any such interest.
ELEVEN. 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 pursuant to Paragraph Three G. 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.
TWELVE. 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
7
governed and construed in accordance with the laws of the Commonwealth of Pennsylvania.
-,,IN WITNESS WHEREOF I have hereunto set m hand and seal this nda of
Y � Y
1995.
EAL
R,WILLIAM MCC
_ 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.
8
ACKNOWLEDGMENT AND AFFIDA VIT
WE, R. WILLIAM McCOY, CHERYL L. CLELAND and TERESA M. HENRY,
the testator and witnesses respectively, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the testator signed and
executed the instrument as his Last Will and that he had signed willingly, and that he executed it
as his free and voluntary act for the purpose herein expressed, and,that each of the witnesses, in
the,presence and hearing of the testator, signed the Will as a witness and that to the best of their
knowledge the testator was, at that time, eighteen years of age or older, of sound mind and under
no constraint or undue influence.
R. H LIAM McCO _
ERYL L. CLE ND
TERESA M. HENR
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by, R. WILLIAM McCOY, the
testator herein, and subscribedand sworn befor. me by CHERYL L. CLELAND and
TERESA M. HENRY, witnesses, this�qday of , 1995.
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My Cssion Expires Aug.14,1999
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