HomeMy WebLinkAbout06-18-15 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 J /
Name: Ellen L. Brodv Huqhes File No:
a/k/a: Ellen B. Huqhes (Assigned by Register)
a/k/a: Ellen Louise Brody Hughes
a/k/a: Social Security No:
Date of Death: June 9, 2015 Age at death: 68
Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last
principal residence at 2901 Lisburn Road, Mechanicsburq, PA 17055 Lower Allen Township Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 2901 Lisburn Rd., Mechanicsburq, PA 17055 Lower Allen 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 $ 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......................................................... $
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
rv] 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 February 23, 2000 and Codicil(s)
thereto dated n/a
State relevant circumstances(e.g.renunciation,death of executor,etc.)
Except as follows: after the execution of the instrurnent(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 born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
❑r NO EXCEPTIONS ❑EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (Ifapplicable)
c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante m noritate
If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete list2 heir'.
Except as follows: Decedent was not a parry to a pending divorce proceeding wherein the grounds for",orMhad beenitablisiied as-Defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated perso-nn. 7� J
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❑NO EXCEPTIONS ❑EXCEPTIONS C'n ':.'= � �-rt C7
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the folld""wing souse(if any)and heir,( tach,
additional sheets,ifnecessar)): ' t _ r�
Name Relationship AddrasC
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Form RW-02 rev.1011112011 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
Nicholas D. Hughes 2901 Lisburn Road, Mechanicsburg, PA 17055
The Petitioner(s)above-named sweat(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 DVecent
th_e Peettitioner(s will w and truly administer the estate actor ing to law.
Sworn to or affirmed and subscribed before �. �U l-�^ P Date 6 l
me this ' 1h day of JunC X16 Date
By: ;v IlJ l t_�Qa t� Date
or the ' U 'U U uelrk-.& Date
BOND Required: YES &/❑NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters. . . . . . .. . . . . . . . . . .. . . . $ 210.00 Attorney Signature:
(10 )Short Certificate(s). . . . .. 1;LL.00
( )Renunciation(s)... . . . . . .
( )Codicil(s). . . .. . . . . . . . .
( )Affidavit(s)... . . . . . . . . .
Bond.. . . . .. . .. . . . . .. . . . . . . . . Printed Name: Elizabeth P. Mullauq
Commission. . . . . . ... . . . . . .. . . Supreme Court
Other Will . . . . . ID Number: 76397
PA Inheritance Tax. Ret. 15.00
Inventory . . . . .. . . 15.00 Firm Name: McNees Wallace&Nurick LLC
. . . . .. . . Address: 100 Pine Street
. . . . .. .. PO Box 1166 C_>
Harrisburg, PA 1 8-1166
.. . .... Phone: 717-237-5243
Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: 717-260-1729 ,
JCS Fee. . . . . . . . . . . . . . . . . . . . . 35.50— Email: emullaugh@mwn.COrrf.;;
TOTAL. . . . . . . . . . . . . . . ... . . . $ 345.50
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DECREE OF THE REGISTER � C�, ~ lW" rn
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Estate of Ellen L. Brody Huqhes File No: �
a/k/a: Ellen B. Hughes f a a Ellen Louise ro y ug es
AND NOW, D , 2015 ,in consideration of the foregoing Petition,
satisfactory proof ha g been presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Nicholas D. Hughes
in the above estate and(if applicable)that
the instrument(s)dated February 23, 2000
described in the Petition be admitted to probate and filed of reco as the last Will (and icil(s))of Decedent.
e ' ter of Wills
Form RW-02 rev.1011112011 I' JG Page 2 of 2
LAST WILL AND TESTAMENT
OF
ELLEN L. BRODY HUGHES
I, ELLEN L. BRODY HUGHES, of 2901 Lisburn Road, Mechanicsburg, Cumberland,
County, Pennsylvania, make this Will, hereby revoking all my former Wills and Codicils.
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ARTICLE ONE
TANGIBLE PERSONAL PROPERTY :w ! coo
§ 1.1 I bequeath all my tangible personal property, including by way_--of,iQ3traho
not by way of limitation, my household furniture and furnishings, paintings,books, autcgobqq-s
jewelry and personal effects, exclusive of any such property used in a trade or business, to my
husband, NICHOLAS D. HUGHES ("My Husband"), if he survives me. If My Husband does
not survive me, I bequeath such assets to my sons, DANIEL HUGHES and PATRICK
HUGHES ("My Sons"), or the survivor of them, to be divided between them in as nearly equal
shares as they agree. In the event of irreconcilable disagreement between My Sons, they shall
take alternate turns selecting individual items with the elder of My Sons making the first
selection. Any items not so selected shall be sold and the proceeds shall pass as a part of my
residuary estate.
§ 1.2 To the extent practicable in the Executor's sole discretion, I bequeath any policies
of insurance on such property to the beneficiary entitled to such property.
Doc#: 214508
§ 1.3 I direct that the expenses of storing, packing, shipping, insuring and delivering
any such property to the beneficiary entitled thereto shall be paid by the Executor as an
administrative expense of my estate.
ARTICLE TWO
RESIDUE
§ 2.1 I devise and bequeath all the residue of my estate to the then serving trustee of
"The Ellen L. Brody Hughes Revocable Trust" created under Agreement dated as of even date
herewith,by and between myself, as Settlor, and myself, as Trustee, as the same may have been
or may be further amended or restated prior to my death("My Revocable Trust"), to be
distributed in accordance with the terms of said trust agreement, or if said trust agreement is not
in effect at the time of my death, in accordance with the terms specified therein on the date of this
Will or of its last publication by Codicil or otherwise.
ARTICLE THREE
APPOINTMENT OF FIDUCIARIES
§ 3.1 I appoint My Husband as Executor of this Will. If he is unable or unwilling to act
or continue to act, for any reason whatsoever, I appoint My Sons as Co-Executors. If either of
My Sons shall be unable or unwilling to act or continue to act, for any reason whatsoever, the
other then serving Co-Executor shall serve as sole Executor. All references herein to the
"Executor" shall mean my originally appointed Executor, my successor Co-Executors or the sole
serving successor Executor, as the case may be.
§ 3.2 I appoint the then serving Executor as Guardian of the estates of any minor
beneficiaries under this Will, including the proceeds of any life insurance on my life payable to
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such minors and any other property, rights or claims with respect to which I am entitled to
appoint a guardian and have not otherwise specifically done so. The Guardian shall have 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 and graduate education, and
professional, vocational or technical training, without securing a court order.
ARTICLE FOUR
POWERS OF FIDUCIARIES.
§ 4.1 No fiduciary under this Will shall be required to give bond or other security for
the faithful performance of the fiduciary's duties.
§ 4.2 Any such fiduciary shall have the following powers, in addition to those given by
law:
§ 4.2.1 To invest in, accept and retain any real or personal property,
including stock of a corporate fiduciary or its holding company,without restriction
to legal investments;
§ 4.2.2 To-sell, exchange, partition or lease for any period of time any
real or personal property and to give options therefor for cash or credit, with or
without security;
§ 4.2.3 To borrow money from any person including any fiduciary
acting hereunder, and to mortgage or pledge any real or personal property;
§ 4.2.4 To hold shares of stock or other securities in nominee
registration form, including that of a clearing corporation or depository, or in book
entry form or unregistered or in such other form as will pass by delivery;
§ 4.2.5 To engage in litigation and compromise, arbitrate or abandon
claims;
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§ 4.2.6 To make distributions in cash, or in kind at current values, or
partly in each, allocating specific assets to particular distributees on a non-pro rata
basis, and for such purposes to make reasonable determinations of current values;
§ 4.2.7 To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns and the
payment of such taxes, without obligation to adjust the distributive share of income
or principal of any person affected thereby;
§ 4.2.8 To join with My Husband or his personal representative in the
filing of a joint income tax return for any period for which such a return may be
permitted, without requiring him or his estate to indemnify my estate against
liability for the tax attributable to his income, and to consent, for federal gift tax
purposes, to having gifts made by My Husband during my lifetime treated as
having been made half by me;
§ 4.2.9 To allocate, in the Executor's sole and absolute discretion, any
portion of my exemption under Section 2631(a) of the Internal Revenue Code
(which statutory exemption is presently$1,010,000), to any property as to which I
am the transferor, including any property transferred by me during my lifetime as
to which I did not make an allocation prior to my death;
§ 4.2.10 To disclaim any interest I may have in any estate if the
Executor deems such disclaimer to be in the best interests of my estate and the
beneficiaries thereof, and
§ 4.2.11 To file the appropriate election in accordance with Section.
2056(b)(7)(B)(v) of the Internal Revenue Code to designate whatever portion of
the assets composing my federal gross estate that the Executor, in the Executor's
sole discretion, determines should qualify for the marital deduction. In making this
determination, the Executor is directed to consider the present and projected
financial requirements of My Husband, the expected period of survivorship of My
Husband and the assets that have passed to My Husband other than under the
provisions of this Will.
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ARTICLE FIVE
PROVISIONS FOR TAXES
§ 5.1 All estate taxes, inheritance taxes, transfer taxes and other taxes of a similar
nature payable by reason of my death to any government or subdivision thereof upon or with
respect to any property subject to any such tax, and any penalties thereon, shall be paid by the
Executor out of the principal of that portion of my estate disposed of by Article Two of this Will
and allocated among beneficiaries in accordance with the provisions of My Revocable Trust. All
interest with respect to any such taxes shall be paid by the Executor out of the income or
principal or partly out of the income and partly out of the principal of such portion of my estate,
in the absolute discretion of the Executor. My Executor shall not make apportionment among or
seek reimbursement from the beneficiaries, recipients or owners of such property for any such
taxes,penalties or interest, except as provided in My Revocable Trust. Notwithstanding any
provision of this Article to the contrary, the Executor shall not pay any such taxes,penalties or
interest attributable to any property included in my estate solely because of a power of
appointment thereover which I possess but have not exercised or any qualified terminable interest
property.
ARTICLE SIX
PROVISIONS FOR DEBTS AND EXPENSES
§ 6.1 I direct that any of my legally enforceable debts, any expenses of my last illness,
funeral and burial, and any of the administrative expenses of my estate, shall be paid from the
principal of that portion of my estate disposed of by Article Two of this Will.
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ARTICLE SEVEN
BUSINESS INTERESTS
§ 7.1 In the event any business interest should be an asset of my estate, whether the
same involves a proprietary interest, a partnership interest or stock in a closely held corporation,
whether wholly owned, controlled by me or owned in substantial part by me, I authorize the
Executor, subject to the terms of any agreement I may have made for the sale of my interests, to
continue said business until such time as the Executor shall deem it advisable to sell, to liquidate
or to distribute the same in kind. With respect to any sale or exchange of the stock of any such
business interest and in the absence of any such agreement entered into by me prior to my death, I
direct the Executor to consider and to determine the appropriateness of a sale or redemption of
such stock in accordance with Section 303 of the Internal Revenue Code to the business entity
and a possible deferral of federal estate tax payments under Section 6166 of the Internal Revenue
Code. It is my desire that to the extent possible any business interest which I may own at the
time of my death be continued or disposed of only in an orderly manner so as to maximize the
proceeds of any disposition. If an election under the foregoing provisions will effect such desire,
the Executor is encouraged to pursue such election if the Executor deems such election also to be
in the best interests of my estate and the beneficiaries thereof. The Executor shall have all rights
and powers in connection with such business as I had when living, including specifically the
power at any time and from time to time to operate or to join in the operation of the same as a
going concern, to form or to reform a general or limited partnership, to incorporate or to
reincorporate and to liquidate or to sell the same or any part thereof as the Executor deems it
advisable for the best interests of my estate and of the beneficiaries thereof without the necessity
of any order of court and without any liability for loss resulting from the operation of said
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business except when such loss is the result of gross negligence or fraud on the part of the
Executor.
ARTICLE EIGHT
MISCELLANEOUS PROVISIONS
§ 8.1 As used in this Will, the term "Internal Revenue Code" shall mean the Internal
Revenue Code of 1986, as amended from time to time, or the corresponding provision of
subsequent law.
§ 8.2 If any person and I die under such circumstances that it is impossible to determine
which of us survived, it shall be conclusively presumed and.this Will shall be construed as if
such person had predeceased me.
§ 8.3 An individual fiduciary shall be entitled to receive reasonable compensation for
such fiduciary's services hereunder.
§ 8.4 Whenever a fiduciary is directed to distribute property to or for the benefit of any
beneficiary who is under(a)twenty-one (2 1) years.of age, or(b) a legal disability or otherwise
suffers from an illness or mental or physical disability that would make distribution directly to
such beneficiary inappropriate (as determined in such fiduciary's sole discretion exercised in
good faith), the fiduciary may distribute such property to the person who has custody of such
beneficiary, may apply such property for the benefit of such beneficiary, may distribute such
property to a custodian for such beneficiary, whether then serving or selected and appointed by
the fiduciary(including the fiduciary), under any applicable Uniform Transfers to Minors Act or
Uniform Gifts to Minors Act, may distribute such property to the guardian of such beneficiary's
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estate, may distribute such property directly to such beneficiary's estate, or may distribute such
property directly to such beneficiary(except if any of the conditions hereinbefore described in (b)
apply),without liability on the part of the fiduciary to see to the application of such property.
This provision shall not in any way operate to suspend such beneficiary's absolute ownership of
such property or to prevent the absolute vesting thereof in such beneficiary.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this �3 day of
F4Y-L . ) 2000.
a4-- (SEAL)
Ellen L. Brody Hughes
Signed, sealed, published and declared by the above named ELLEN L. BRODY
HUGHES as and for her last Will, in the presence of us and each of us, who, at her request and
in her presence and in the presence of each other, have hereunto subscribed our names as
witnesses thereto the day and year last above written.
Residing at /dad 6&,A-t� ry
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COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF� ,,,
We, ELLEN L. BRODY HUGHES, the testatrix, and
C, the witnesses, whose names
are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to
the undersigned authority that the testatrix signed and executed 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 his or her knowledge the testatrix was at that time 18
years of age or older, of sound mind and under no constraint or undue influence.
LV'CL,L
Ellen L. Brody Hughes Witness
Witness
Subscribed, sworn to and acknowledged before me b LLEN L. BROJDY HUGHES,
the testatrix and sub cri d and worn to before MQ by ,n ,
and S• , witnesses, this
day of ' 2000.
ary ubli
My Commi ton Expires:
(SEAL)
Notarial Seal _
Janine M.O'Leary, Notary Public
Harrisburg,Dauphin County
My Commission Expires July 29,2002
Member,Pennsylvania Association of Notaries '
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214508-1; HBGI General
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
y
of
cuM
No. 2015- '0687 PA No. 21- 15- 0687
Estate Of: ELLENL BRODYHUGHES
(First,Middle,Last)
V alk/a: ELLEN B HUGHES ELLEN LOUISE_BRODY HUGHES
Late Of: LOWER ALLEN TOWNSHIP
CUMBERLAND COUNTY
Deceased
1750 Social Security No:
WHEREAS, on the 18th day of June 2015 an instrument dated
February 23rd 2000 was admitted to probate as the last wi.A11 of
ELLENL BRODY HUGHES Q o
(First,Middle,Last)
a/k/a ELLEN B HUGHES ELLEN LOUISE BRODY HUGHES ? o
late of LOWER ALLEN TOWNSHIP, CUMBERLAND County, c; : -C/) o
who died on the 9th day of June 2015 and, o
d
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WHEREAS, a true copy of the will as probated is annexed hi�et"2�.-n
THEREFORE, I, LISA M. GRAYSON, y
ESQ. Regt ter of`Wil- n and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, 9VeraR
certify that I have this day granted Letters TESTAMENTARY to:
NICHOLAS D HUGHES
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 18th day of June 2015.
'IRegl- ter o ills
A
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)