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:
Decedent's Information
Name: Irene E.Whittock File No:
a/k/a: (Assi ned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 04/19/2015 Age at death: 95
Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last
principal residence at 555 Brentwater Road, Camp Hill PA 17011 East Pennsboro Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at Holy Spirit Hospital, Camp Hill PA 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 $ 214,250
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ....................... Personal property in County $
Value of real estate in Pennsylvania......................................................... $ 300,000
TOTAL ESTIMATED VALUE. ... $ 514,250
Real estate in Pennsylvania situated at: Vacant mountain land (no street address) Fairview Township York Co.
(Attach additional sheets,ifnecessary.) 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 October 31, 1997 and Codicil(s)
thereto dated N/A.
The first named Executor, William B.Whittock, died on 9/20/1999.
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.
❑✓ NO EXCEPTIONS ❑EXCEPTIONS N/A.
❑ 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 a¢s tia,duraloe minoritate
d -�crn
If Administration,ca.a. or d b.n.c.t.a.,enter date of Will in Section A above and complete lis` w hf sQ
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds forjiv�je had be- stabIA- a gs defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated per qn. -o fv
r-
[-]NO EXCEPTIONS ❑EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the fol 1i)wi;i6-use(if may)an3-heirst(attach
additional sheets,if necessary): .r1 C7.
Name Relationship Addre's (n
Form RW-02 rev.10/1112011 Page I of 2
y Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Susan I.Whitlock 555 Brentwater Road, Camp Hill PA 17011
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 a tru.y administer the estate according to law.
Sworn to or of trmed and scribe before .p c Date
r this o ` Date
B Date
_or the Register Date
BOND Required:❑YES [Z]NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ Attorney Signature:
( )Short Certificate(s). . . . . .
( )Renunciation(s).. . . . . . . .
( )Codicil(s). . . . . . . . . . . . . —
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . .. . . . . . . . . . . . . . . . . Printed Name: Mark E. Halbruner
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . . . ID Number: 66737
. . . . . . Firm Name: Halbruner Hatch &Guise LLP
. . . . . . . . Address: 2109 Market Strom
. . . . . . . . Carm Hill PA 17DA1 :
.�yFTIc�.:
. . . . . . . . Phone: (71 r.��0 ,
(717r
Automation Fee. .. . . . . . . . . . . . . Fax: 7 -96Q7 � •r c�
JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: m.hal&Uiloa- hhgllp.coml; cD
TOTAL. . . . . . . . . . . . . . . . . . . . . $ ^.�7
C'> c-D� 0 -1.1
C3<
DECREE OF THE REGISTER ry r—
Estate of Irene E.Whittock File No: /- /S--o 7�0
a/k/a:
AND NOW, 2015 ,in consideration of the foregoing Petition,
satisfactory proof having been presented before me,'IT IS DECREED that Letters Testamentary
are hereby granted to Susan I. Whitlock
in the above estate and(if applicable)that
the instrument(s)dated October 31, 1997
described in the Petition be admitted to probate and filed of reco d as the last Will (and Codicil(s))of Decedent.
�.
Form RW-02 rev. 1011112011ester of Wills Page 2 of 2
OF n cN�
cn M._ •.
IRENE E. WHITTOCK � --mac — o.
/f'sry n Cn 7,3"
r1%)
ri rq. ,
I, IRENE E. WHITTOCK, of Goldsboro, York County-~ P�ririsylvari4K
`r
being of sound and disposing mind and memory, do ma= 'e-'f publZshzaA
M
declare this to be my Last Will and Testament, hereP,y-revokingo,�Ll3
Wills and Codicils by me at any time previously made . '
ITEM I : All inheritance, estate and similar taxes becoming
due by reason of my death, except any taxes relating to generation
skipping transfers imposed under Chapter 13 of Subtitle B of the
Internal Revenue Code, as amended ( "Death Taxes" ) , whether such
Death Taxes shall be payable by my estate or by any recipient of
any property, shall be paid by my Executor out of the property
passing under Item VII of this Will as an expense and cost of
administration of my estate . My Executor shall have no duty or
obligation to obtain reimbursement for any Death Taxes paid by my
Executor, even though paid with respect to proceeds of insurance or
other property not passing under this Will .
ITEM II : I hereby exercise all powers of appointment which I
may have at the time of my death in favor of my Executor, and all
property subject to all such powers of appointment shall be
included in my estate and be governed by the provisions of this
Will; provided, that I specifically decline to exercise any power
of appointment given to me in any Will, Codicil, Agreement of Trust
LAST WILL AND TESTAMENT
OF
IRENE E. WHITTOCK
or other instrument executed by my husband, WILLIAM B. WHITTOCK
("My Husband") .
ITEM III : I give and bequeath all of my household furniture
and furnishings, automobiles, books, pictures, jewelry, china,
crystal, appliances, silverware, wearing apparel and all other like
articles of household or personal use or adornment to My Husband,
if he survives me . If My Husband does not survive me, I give such
articles to my daughter, SUSAN I. WHITTOCK, if she survives me;
provided that should she not desire any item of my personalty, such
undesired items shall pass to my husband' s daughter, KATHERINE K.
RIEDEL, if she survives me . If my daughter, SUSAN I. WHITTOCK,
predeceases me, I give and bequeath all my said personalty to my
husband' s daughter, KATHERINE K. RIEDEL, if she survives me.
ITEM IV: If My Husband predeceases me, I give all my right,
title and interest in my real property located on Market Street in
Camp Hill, Cumberland County, Pennsylvania, to my daughter, SUSAN
I. WHITTOCK, if she survives me.
ITEM V: If My Husband predeceases me, I give all my right,
title and interest in all my timberland property located in
Fairview Township, York County, Pennsylvania, consisting of one
hundred thirty-two acres, more or less (not including a separate
two acre parcel now described in York County Recorder of Deeds Book
2
LAST WILL AND TESTAMENT
OF
IRENE E. WHITTOCK
59B, Page 063) , to my daughter, SUSAN I. WHITTOCK, if she survives
me .
ITEM VI : If My Husband predeceases me, I give all of my
right, title and tenant in common interest in the Hummelstown,
Derry Township, Dauphin County property to my husband' s daughter,
KATHERINE K. RIEDEL, if she survives me.
ITEM VII : I give, devise and bequeath to my Trustee
hereinafter named, IN TRUST NEVERTHELESS, to be held, administered
and disposed of in accordance with this ITEM for the benefit of My
Husband and my beneficiaries hereafter named (herein referred to as
the "Unified Credit Trust") an amount equal to the balance of the
dollar amount not taxed in my estate due to the application to my
estate of the unified credit against federal estate tax (the
"Unified Credit" ) , after deducting therefrom the value, for federal
estate tax purposes, of (a) assets included in my federal gross
estate which pass or have passed other than under the terms of this
Will and which will utilize a portion of the Unified Credit, (b)
any bequests under the preceding ITEMS III, IV, V and VI which will
utilize a portion of the Unified Credit and (c) adjusted taxable
gifts not included in my federal gross estate but included in the
computation of the tentative federal estate tax in my estate. My
Trustee shall have, hold, manage, invest and reinvest the assets of
the Unified Credit Trust, collect the income and
3
LAST WILL AND TESTAMENT
OF
IRENE E. WHITTOCK
(a) If My Husband survives me, beginning at my death, my
Trustee shall pay over the net income of the Unified Credit
Trust to My Husband during his lifetime, in installments not
less frequently than quarterly. In addition, my Trustee shall
pay such amounts of the principal of such trust as, in the
sole discretion of my Trustee, shall be necessary for the
maintenance, support and medical and nursing care of My
Husband, taking into consideration any other means readily
available for such purposes.
(b) During the life of My Husband, my Trustee shall pay
to My Husband from the principal of the Unified Credit Trust
at any time and from time to time such sums or specific assets
as My Husband may designate by written notice to my Trustee;
provided, however, that no withdrawal, when added to the
aggregate amount or value previously withdrawn by My Husband
pursuant to this subparagraph (b) , during the calendar year in
which the withdrawal is to be made, shall exceed the greater
of (1) $5, 000 or . (2) five (5%) percent of the aggregate value
of the Unified Credit Trust at the time of such withdrawal .
(c) Upon the death of the survivor of My Husband and me,
my Trustee shall distribute the principal and any
undistributed income of the Unified Credit Trust to my
daughter, SUSAN I. WHITTOCK, if she is then living. If my
4
LAST WILL AND TESTAMENT
OF
IRENE E. WHITTOCK
daughter, SUSAN I. WHITTOCK, is not then living, then said
share shall be distributed as follows :
(1) One-half thereof as follows :
(A) One-third (1/3) thereof to JOAN
McCORMICK, if she is then living;
(B) One-third (1/3) thereof to LOREN
PETERSON, if he is then living;
(C) One-third (1/3) thereof to BRECK
PETERSON, if he is then living.
Should any beneficiary or beneficiaries set forth at
subparagraphs (A) through (C) above not be living at the
time of the death of the survivor of My Husband and me,
the share of such deceased beneficiary shall be
distributed among the other beneficiary or beneficiaries
set forth at subparagraphs (A) through (C) above then
living in the same proportion they now bear to each
other.
(2) One-half thereof to My Husband' s daughter,
KATHERINE K. RIEDEL, if she is then living. If she is
not then living, then to her issue then living, per
stirpes . Should My Husband' s daughter, KATHERINE K.
RIEDEL, predecease the survivor of My Husband and me and
5
LAST WILL AND TESTAMENT
OF
IRENE E. WHITTOCK
not leave issue then surviving, then in accordance with
the provisions of ITEM VII (c) (1) hereof .
ITEM VIII : I give, devise and bequeath all of the rest,
residue and remainder of my property, real, personal and mixed, not
disposed of in the preceding portions of this Will, to the then
Trustee of "The William B. Whittock and Irene E. Whittock Joint
Revocable Trust" created by a Trust Agreement dated December 3 ,
1991, between My Husband and me, as Settlors, and DAUPHIN DEPOSIT
BANK AND TRUST COMPANY, as Trustee, and my daughter, SUSAN I.
WHITTOCK, as Successor Trustee .
ITEM IX: No interest in income or principal of my estate or
any trust created hereunder shall be subject to attachment, levy or
seizure by any creditor, spouse, assignee or trustee or receiver in
bankruptcy of any beneficiary of my estate or of any trust created
hereunder prior to the beneficiary' s actual receipt thereof . My
Executor or Trustee shall pay over the net income and the principal
to the beneficiaries herein designated, as their interests may
appear, without regard to any attempted anticipation (except as may
be specifically provided herein) , pledging or assignment by any
beneficiary of my estate or of any trust created hereunder and
without regard to any claim thereto or attempted levy, attachment,
seizure or other process against said beneficiary.
6
LAST WILL AND TESTAMENT
OF
IRENE E. WHITTOCK
ITEM X: Any person other than My Husband, who shall have died
at the same time as I or under such circumstances that it is
difficult or impossible to determine who shall have died first,
shall be deemed to have predeceased me. If My Husband and I shall
have died at the same time or under such circumstances that it is
difficult or impossible to determine who shall have died first, My
Husband shall be deemed to have survived me . Any person other than
me who shall have died at the same time as any beneficiary of
income of my estate or a trust created hereunder or under such
circumstances that it is difficult or impossible to determine who
shall have died first, shall be deemed to have predeceased such
beneficiary.
ITEM XI : In the settlement of my estate and during the
continuance of any trust created hereunder, my Executor and my
Trustee shall possess, among others, the following powers to be
exercised for the best interests of the beneficiaries, to the
restrictions set forth below:
(a) To retain any investments I may have at my death so
long as my Executor or Trustee may deem it advisable to my
estate or trust so to do.
(b) To vary investments, when deemed desirable by my
Executor or Trustee, and to invest in such bonds, stocks,
notes, real estate mortgages or other securities or in such
other real or personal property as my Executor or Trustee
shall deem wise, without being restricted to so called "legal
investments . "
7
LAST WILL AND TESTAMENT
OF
IRENE E. WHITTOCK
(c) In order to effect a division of the principal of my
estate or trust or for any other purpose, including any final
distribution of my estate or trust, my Executor or Trustee is
authorized to make said divisions or distributions of the
personalty and realty partly or wholly in kind. If such
division or distribution is made in kind, said assets shall be
divided or distributed at their respective values on the date
or dates of their division or distribution. In making any
division or distribution in kind, my Executor or Trustee shall
divide or distribute said assets in a manner which will fairly
allocate any unrealized appreciation among the beneficiaries .
(d) To sell either at public or private sale and upon
such terms and conditions as my Executor or Trustee may deem
advantageous to my estate or trust, any or all real or
personal estate or interest therein owned by my estate or
trust severally or in conjunction with other persons or
acquired after my death by my Executor or Trustee, and to
consummate said sale or sales by sufficient deeds or other
instruments to the purchaser or purchasers, conveying a fee
simple title, free and clear of all trust and without
obligation or liability of the purchaser or purchasers to see
to the application of the purchase money or to make inquiry
into the validity of said sale or sales; also, to make,
execute, acknowledge and deliver any and all deeds,
assignments, options or other writings which may be necessary
or desirable in carrying out any of the powers conferred upon
my Executor or Trustee in this paragraph or elsewhere in this
Will .
(e) To mortgage real estate and to make leases of real
estate for any term.
(f) To borrow money from any party, including my
Executor or Trustee, to pay indebtedness of mine or of my
estate or trust, expenses of administration, Death Taxes or
other taxes .
(g) From the same source as from which Death Taxes are
to be paid in accordance with ITEM I, to pay all costs, Death
Taxes or other taxes, expenses and charges in connection with
the administration of my estate or trust, and my Executor
shall pay the expenses of my last illness and funeral
expenses .
8
LAST WILL AND TESTAMENT
OF
IRENE E. WHITTOCK
(h) To vote any shares of stock which form a part of my
estate or trust and to otherwise exercise all the powers
incident to the ownership of such stock and to actively manage
and operate any incorporated or unincorporated business,
including any joint ventures and partnerships, and to
incorporate any such unincorporated business, with all the
rights and powers of any owner thereof .
(i) In the discretion of my Executor or Trustee, to
unite with other owners of similar property in carrying out
any plans for the reorganization of any corporation or company
whose securities form a part of my estate or trust .
(j ) To assign to and hold in my estate or trust an
undivided portion of any asset .
(k) To hold investments in the name of a nominee.
(1) To compromise controversies .
ITEM XII : In the settlement of my estate:
(a) My Executor shall not be personally liable for any
loss to my estate or to any beneficiary of my estate resulting
from an election made in good faith to claim a deduction as an
income tax deduction or as an estate tax deduction.
(b) In valuing property in my gross estate for the
purposes of any Death Tax, my Executor shall not be personally
liable for any loss to my estate or to any beneficiary of my
estate resulting from my Executor' s decision made in good
faith to use a particular valuation date.
ITEM XIII : If at any time any minor shall be entitled to
receive any assets free of trust by reason of my death, whether
payable hereunder, by operation of law or otherwise, I appoint
DAUPHIN DEPOSIT BANK AND TRUST COMPANY, or its successor
corporation, as guardian of such assets authorized by law payable
to such minor. The Guardian may receive, administer and shall have
9
LAST WILL AND TESTAMENT
OF
IRENE E. WHITTOCK
full authority to use such assets, both principal and income, in
any manner the Guardian shall deem advisable for the best interests
of the minor, including college, university, graduate or other
education, without securing a court order. The Guardian shall have
all the rights and privileges in its capacity as Guardian as are
herein granted to my Executor and Trustee as to my estate and any
trusts created hereunder.
ITEM XIV: If there should be established by My Husband,
either in his Last Will and Testament or by inter vivos Deed or
Agreement, trusts similar to the trusts herein established for the
benefit of my issue, my Trustee herein shall have the right and
power to merge trusts herein established with similar trusts for
the same beneficiaries established by My Husband and to operate
each of the merged trusts as a single trust .
ITEM XV: I hereby appoint My Husband, WILLIAM B. WHITTOCK, as
Executor of this Will . If for any reason My Husband should fail or
cease to act, I appoint my daughter, SUSAN I. WHITTOCK, as
Executrix. If for any reason she should fail or cease to act, I
appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY, or its successor
corporation, as Executor. All references in this Will to my
"Executor" shall refer to my originally appointed Executor or to my
successor Executrix or Executor, as the case may be .
10
LAST WILL AND TESTAMENT
OF
IRENE E. WHITTOCK
ITEM XVI : I hereby appoint my daughter, SUSAN I. WHITTOCK, as
Trustee of any trust created hereunder. If for any reason my
daughter, SUSAN I. WHITTOCK, should fail or cease to act as
Trustee, I hereby appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY,
or its successor corporation, as my successor Trustee . My
successor Trustee shall have all of the powers, privileges, duties
and immunities granted to my Trustee as provided herein. All
references in this Will to my "Trustee" shall refer to my
originally appointed Trustee or to my successor Trustee, as the
case may be .
ITEM XVII : Any Guardian, Executor or Trustee shall qualify
and serve without duty or obligation of filing any bond or other
security. Any corporate fiduciary shall be entitled to
compensation for services in accordance with the standard schedule
of fees in effect when the services are rendered.
IN WITNESS WHEREOF, I have set my hand and seal to this my
Last Will and Testament, consisting ofthi and the preceding ten
(10) pages, Y this lS� da of v `�-'� 1997 .
SEAL
IRENE t. WHITT CK
We, the undersigned, hereby certify that the foregoing Will
was signed, sealed, published and declared by the above-named
Testatrix as and for her Last Will and Testament, in the presence
11
LAST WILL AND TESTAMENT
OF
IRENE E. WHITTOCK
of us, who, at her request and in her presence and in the presence
of each other, have hereunto set our hands and seals the day and
year first above written, and we certify that at the time of the
execution thereof, the said Testatrix was of sound and disposing
mind and memory.
SEAL) . Residing at : 4s-
(SEAL) Residing at : ��?�� CIL.
44wr;5�wr1
12
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF V�p b11-:1 ) SS . :
I, IRENE E. WHITTOCK, the Testatrix 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 that I signed it willingly and
as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged befo e me by IRENE E.
WHITTOCK, the Testatrix, this 1�-�- day of 1997 .
Testat ix
(SEAL)
Notary Public v
or
Attorney-at-Law
NOTARIAL SEAL
ANN MARIE BONAWITZ.Notary Public
City of Harrisburg,Dauown County
My commission Expires Dec.9.1998
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
SS . :
COUNTY OF ��' )
the witnesses whos 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 the Testatrix sign and execute the
instrument as her Last Will; that the Testatrix signed willingly
and executed it as her free and voluntary act for the purposes
therein expressed; that each subscribing witness in the hearing and
sight of the Testatrix signed the Will as a witness; and that to
the best of our knowledge the Testatrix was at that time 18 or more
years of age, of sound mind and under no constraint or undue
influence.
�Swo to or affirmed and subscribed to before me by
�►Q „'n and Shat,v% e• o'k oo Ie.
witnesse this-3/-0— day of obe,,,_ 1997 .
Witness
Witness
(SEAL)
Notary Public
or
Attorney-at-Law
NOTARIAL SEAL `
ANN MARIE SONAWl-2 tel Public
City of Narnsburg,Dauphin Count'
My Commission Expires Dec.9,
1999