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HomeMy WebLinkAbout04-24-15 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: Eleanor L.Whitcomb Decedent's Information Name: J.Benson Whitcomb File No: 21-15 - LKAO a/k/a: James Benson Whitcomb (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 02/15/2015 Age at Death: 81 Decedent was domiciled at death in Cumberland County, PA (state)with his/her last principal residence at 1066 West Trindle Road,Mechanicsburg 17055 Silver Spring Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 503 North 21st Street,Camp Hill 17011 East Pennsboro 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 $ 100,000.00 If not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 0.00 TOTAL ESTIMATED VALUE $ 100,000.00 Real estate in Pennsylvania situated at (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County © A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 11/0212012 and Codicil(s) thereto dated 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 didnot have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated perso� ®NO EXCEPTIONS ❑ EXCEPTIONS C `ri ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a,ripeUq—lt ite,dtfQ e absebti urante minoritate I._' `— fit f?i I-TI If Administration,c.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of,heir�, s Except as follows:Decedent was not a party to pending divorce proceeding wherein the grounds for divorcehad been establishe-&as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated pdrson. []NO EXCEPTIONS ❑ EXCEPTIONS ' Petitioner(s), after a proper search has/have ascertained that Decedent left no Will and was survived by th followingl`t*useRiIM)and heirs(attach additional sheets, if necessary): C� T`V `*7 Name Relationship Address Form RW-02 rev.10-11-2011 Copyright(c)2011 form software only The Lackner Group,Inc. 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 Eleanor L.Whitcomb 50 Longwood Drive Mechanicsburg,PA 17050 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 t e Decedent, Petitioner(s)will Well and truly administer the estate according to law. Sworn to r a it d an su scribed before �. f �� �, � P` Date / 5 me this day of ,2'i(�v/1/ Dale By. Date Fortha Date BOND Required? 0 YES 5(NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters................................I......... $ Att ney ignat ( )Short Certificate(s)......... ( )Renunciation(s).............. c ? ( )Codicil(s)........................ cf r �; ( )Affidavit(s)...................... Printed Name: Ivo V.Otto III ::0 - fl' Bond............................................. x (1> . Supreme Court z' N - 27763 Commission.................................. ID Number: r- F , M rsr Other ' Firm Name: Martson Law Offices_ G *� Address: 10 East High Street c_ t rn --_711 `' rte- Carlisle, PA 17016 {� Phone: 717-243-3341 Automation Fee............................ Fax: 717-243-1850 JCSFee....................................... TOTAL......................................... $ E-mail: iotto@martsonlaw.com DECREE OF THE REGISTER Date of Death: 02/15/2015 Social Security No: Estate of J.Benson Whitcomb File No: 21-15 - a/k/a: James Benson Whitcomb AND NOW, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Eleanor L.Whitcomb in the above estate and(if applicable)that the instrument(s)dated 11/02/2012 described in the Petition be admitted to probate and filed of record as the la Vii l(and Codicil s)of De etnt. to Wl s Copyright 2o11 f m software only The Lane Gro , nc. l Page 2 of 2 rri FABLES\Clients\8504 Whitcomb,Ben\8504.1\8504.1.h.will.2012Nov.Rev.wpd i r, = M, -� 3 �a 71 rn LAST WILL AND TESTAMENT 1,J.BENSON WHITCOMB,of Silver Spring Township,Cumberland County,Pennsylvania, being of sound and disposing mind and memory,do hereby make,publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. ITEM ONE I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all inheritance taxes shall be paid to the extent possible from the assets held or passing under ITEM FIVE hereof as soon as practicable after my decease and as part of the administration of my estate. ITEM TWO I bequeath any automobiles or motor vehicles I may own at my death,my personal effects, such household goods if any as may be my individual property and not the property of my wife or owned jointly by me with my wife,and other tangible personal property of like nature(not including cash or securities), together with any existing insurance thereon, to my wife, ELEANOR L. WHITCOMB,providing she survives me by thirty(30)days. Should my wife predecease me or die on or before the thirtieth day following my death, I bequeath such tangible personal property and insurance thereon to such of my children as are living on the thirty-first day after my death, to be divided between or among them with due regard for their personal preferences in as nearly equal shares as practical and as they shall mutually agree. I direct that any of the foregoing articles not selected by such children or about which there is no agreement shall be sold at public or private sale by my personal representative(s), and I further direct that the net proceeds thereof shall be administered and distributed as a part of the residue of my estate. ITEM THREE If my said wife,ELEANOR L. WHITCOMB, is living thirty(30)days after my death,then I give, devise and bequeath all the rest,residue and remainder of my estate, both real and personal property,unto my said wife,ELEANOR L.WHITCOMB,absolutely. If my said wife,ELEANOR L. WHITCOMB, does not so survive me,then all the rest residue and remainder of my estate shall be held or distributed under ITEM FIVE, C, hereof. Winitialsi Page 1 of 9 Pages ITEM FOUR In the event my said wife,ELEANOR L. WHITCOMB, shall disclaim all or any portion of any devise or bequest made to her under the foregoing ITEM THREE, then the amount otherwise payable shall be held by my Trustee under ITEM FIVE hereof. For purposes of the Trust established under ITEM FIVE hereof,my said wife,ELEANOR L. WHITCOMB, shall not be deemed to have predeceased me by virtue of her exercise of the right to disclaim set forth herein. ITEM FIVE RESIDUARY AND DISCLAIMER TRUST My Trustee shall hold the assets received under ITEMS THREE and FOUR hereof, if any, for the following purposes: A. My Trustee shall pay the net income, at least quarter-annually, to my wife, ELEANOR L. WHITCOMB,for life. In addition,my Trustee in my Trustee's sole discretion,may invade the principal of the Trust for the proper and adequate support of my wife, ELEANOR L. WHITCOMB. B. My Trustee shall further pay to my wife,ELEANOR L.WHITCOMB,annually,such sum from the principal of the Trust as she may request in writing,provided,however,that said sum may not exceed the greater of Five Thousand Dollars ($5,000.00) or five percent (5%) of the aggregate value,at the time of said request,of the principal of the Trust hereunder. This power shall be noncumulative and may be exercised only by an instrument in writing signed by her and delivered to my Trustee within the first thirty(30) days of fiscal year of this Trust. C. Upon the death of my wife,ELEANOR L.WHITCOMB,my Trustee shall distribute the principal of the Trust as follows: 1. Any and all sums owed by CMW HOLDINGS to me pursuant to the terms and conditions of the Term Note dated January 1, 2001, in the principal amount of Two Hundred Sixty-eight Thousand Five Hundred Twenty-four and 00/100 Dollars($268,524.00) shall be deemed forgiven and marked as paid in full as of the date of distribution hereof. 2. Any and all sums owed by CARLISLE MECHANICAL&WELDING,INC., to me pursuant to the terms and conditions of the Term Note dated January 1, 1999, in the [initials] Page 2 of 9 Pages principal amount of One Hundred Ninety-seven Thousand Two Hundred Eight and 00/100 Dollars ($197,208.00) shall be deemed forgiven and marked paid as of the date of distribution hereof. 3. All of the rest, residue and remainder of the Trust shall be distributed as follows: a. Thirty-five percent (35%) thereof unto my son, BRET JAMES WHITCOMB,with substitution of issue, subject to the terms and conditions of this ITEM FIVE, subparagraphs D and E. b. Twenty percent(20%)thereof unto my son,MARK B.WHITCOMB, in trust, for his lifetime. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property to, or for the use of,my son, MARK B. WHITCOMB, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and benefit of, my son, MARK B. WHITCOMB, such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seem proper for his health,support,maintenance,education,medical care or general welfare. Upon the death of my son,MARK B. WHITCOMB,or if he disclaims this interest for any reason, then any and all property remaining in this Trust shall be distributed as follows:one half thereof in equal shares to ANDREA HARTUNG and MEGAN A.WHITCOMB,and one-half thereof in equal shares to JINA M.ZEGER and her children, with substitution of issue; all of the foregoing distributions being subject to the terms and conditions of subparagraphs D and E of this ITEM FIVE. C. Fifteen percent (15%) thereof unto my granddaughter, JINA M. ZEGER,with substitution of issue,subject to the terms and conditions of this ITEM FIVE, subparagraphs D and E. d. Twenty percent(20%)thereof in equal shares to the children of JINA M. ZEGER, currently CODY ZEGER AND CALEB ZEGER, with substitution of issue, subject to the terms and conditions of subparagraphs D and E of this ITEM *' ritiaisj Page 3 of 9 Pages FIVE. e. Five percent (5%) thereof unto ANDREA HARTUNG, with substitution of issue, subject to the terms and conditions of subparagraphs D and E of this ITEM FIVE. f. Five percent (5%) thereof to MEGAN A. WHITCOMB, with substitution of issue, subject to the terms and conditions of subparagraphs D and E of this ITEM FIVE. D. In the event any beneficiary hereunder shall not have reached the age of thirty-five (35) years at the time of my death, then the Trustee shall hold his or her share(s) in trust for the support, maintenance and education of such beneficiary. The Trustee shall use as much of the principal as he or she shall deem desirable, for said purposes. I direct that such beneficiary shall have the right of withdrawal of the principal and any accumulated income of said trust in the following manner: One-half(1/2)thereof as he or she attains the age of twenty-five(25)years and the remainder of said share as he or she attains the age of thirty-five (3 5)years. E. To the extent that the same is permitted by law, none of the beneficiaries hereunder shall have any power to dispose of or to charge by way of anticipation any interest given to such beneficiary;and all sums payable to such beneficiaries hereunder shall be free and clear of the debts, contracts, alienations and anticipations of the beneficiaries, and all liabilities for levies and attachments and proceedings of whatsoever kind, at law or in equity. ITEM SIX POWERS OF EXECUTRIX AND TRUSTEE In addition to the powers conferred by case law,by statute, and by other provisions hereof, my Executrix and Trustee and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without order of any court and shall exist until final distribution: A. To retain any property of any nature received by them for whatever period they shall deem advisable; B. To invest and reinvest all or any part of said property in such stocks,bonds,securities or other property, real or personal, as in their discretion they shall deem proper, without regard to [initials] Page 4 of 9 Pages statutes limiting the property which a fiduciary may purchase; C. To sell,transfer,exchange or otherwise dispose of,any part of said property,for cash or on terms,publicly or privately,or to lease,even for a term exceeding five(5)years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; D. To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; E. To borrow money, including the right to borrow money from any bank and to mortgage or pledge any asset of the estate as security; F. To assume continuance of the status of any beneficiary with regard to death,marriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; G. To pay from the trust,or the income therefrom,all debts or claims against my estate, or any taxes or similar charges on my estate; H. To make any distribution hereunder either in kind or in money, or partially in kind and partially in money. Distribution in kind shall be made at the market value of the property distributed, and my Trustees, in their absolute discretion, may cause the share distributed to any distributee to be composed of property similar to or different from that distributed to any other distributee; I. To exercise any subscription right in connection with any security held hereunder,to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; K. To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; [initials] Page 5 of 9 Pages L. To compromise claims; M. To continue for whatever period of time as they shall deem necessary any ownership as a tenant in common or as a partner,in real estate or other property and to act as I could have done had I been living; N. To lend money to my estate or to any trust created hereunder or to purchase from the estate or from any trust created hereunder, at the market value thereof at the time of purchase, any securities or other property tendered to them by my estate or any trust created hereunder at any time and from time to time within a period of nine (9) months after my death; O. In the event that any amounts are payable hereunder or under any trust created hereunder to a minor,or to a person otherwise under legal disability, or to a person not adjudicated to be an incapacitated person,but who,by reason of illness or mental or physicaldisability is,in the opinion of fiduciary(ies)hereunder,unable to properly administer such amounts,such amounts may be paid by the fiduciary(ies)hereunder in his,her or their sole discretion in any of the following ways as he, she or they may deem best: 1. Directly to such beneficiary; 2. To a legally appointed guardian of such beneficiary for the benefit of such beneficiary; 3. To a person having custody of such beneficiary for the benefit of such beneficiary; 4. By the fiduciary(ies)hereunder using such amounts directly to the benefit of such beneficiary. Evidence of the application or payment of an amount in such a manner shall be a full and complete discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This paragraph shall be applicable to payments of income as well as principal. P. To employ agents, attorneys and proxies and to delegate to them such power as my personal representatives and Trustees consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; Q. To conduct an inventory of any safe deposit box necessary to the administration of my estate. [initials] Page 6 of 9 Pages R. To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. S. Whenever my Trustee,in my Trustee's absolute discretion, determines that the size of any share held in any trust does not warrant continuing the same in trust, or its administration would be impractical for any reason, my Trustee, without further responsibility: a. May pay such share to the person(s) entitled at the time to the income and principal from it; or b. If such person is a minor,or in the opinion of my Trustee is disabled by illness or other condition,my Trustee may pay such share to the person in charge of such minor or incapacitated person,or to his or her guardian,or to a custodian under the Uniform Transfers to Minors Act. ITEM SEVEN PROTECTIVE PROVISIONS All income or principal held for the use and benefit of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process of law. ITEM EIGHT APPOINTMENT OF EXECUTRIX AND TRUSTEE I nominate,constitute and appoint my wife,ELEANOR L.WHITCOMB,as Executrix of my estate. In the event that my said wife shall predecease me or fail to act or continue to act as Executrix,then I appoint my son,BRET JAMES WHITCOMB,to act in such capacity. In the event he shall predecease me or fail to act or continue to act in such capacity,then I appoint my son's wife, PEGGY SUE WHITCOMB, to act in such capacity. I hereby appoint my wife,ELEANOR L. WHITCOMB,as Trustee of the trust governed by the provisions of ITEM FIVE,A and B,if funded. In the event that my said wife shall fail to act or be unwilling to continue to act as Trustee,then I appoint my son, BRET JAMES WHITCOMB, as Trustee of such trust, if funded. In the event that my said son shall fail to act or be unwilling to 04[initials] Page 7 of 9 Pages continue to act as Trustee,then I appoint my son's wife,PEGGY SUE WHITCOMB,as Trustee of such trust, if funded. Either of BRET JAMES WHITCOMB or PEGGY SUE WHITCOMB, as Trustee,shall have the power to appoint his or her successor in office by written instrument,which shall be signed by the person having the power to make the appointment and filed with the court in the jurisdiction which is the situs of the Trust. I hereby appoint my son,BRET JAMES WHITCOMB, as Trustee of any trust(s)governed by the provisions created under ITEM FIVE, C, 3, b through f, hereof. In the event he shall be unwilling or unable to serve, or continue to serve in such capacity, then I appoint my son's wife, PEGGY SUE WHITCOMB, to serve as Trustee thereof. My Trustees shall have the power to appoint his or her successor in office by written instrument, which shall be signed by the person having the power to make the appointment and filed with the court in the jurisdiction which is the situs of the Trust. ITEM NINE WAIVER OF BOND I direct that neither my Executrix nor my Trustees, or their successors shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties,nor shall they be required to obtain any order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this day of _Y16 2012. 41metf/4J/ (SEAL) J. Benson Whitcomb SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testator,as and for his Last Will and Testament,in the presence of us,who at his request,have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. U Page 8 of 9 Pages COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) We, J. Benson Whitcomb, Ivo V. Otto III, and ua, 6 , the Testator and the 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 the Testator has signed willingly, and that the Testator executed it as his free and voluntary act for the purposes therein 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 his/her knowledge the Testator was at that time eighteen years of age or older,of sound mind and under no constraint or undue influence. J. Aenson Whitcomb, Testator Witness m Witne s Subscribed,sworn to and acknowledged before me by J.Benson Whitcomb,the Testator,and subscribed and sworn to before me by Ivo V.Otto III and A-as cc ' C��P±61- - ,the witnesses, this.T-ejday of v;/cwL , 2012. ) Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L.Otto,Notary Public 1CMy arlisle Boro,Cumberland County commission expires December 20,2014 Page 9 of 9 Pages