HomeMy WebLinkAbout07-06-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF c(A m G e-91,+Al f) 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 7R?
Name: ,TDS EPN F. AWL File No: a/—/$ I(r-S
a/k/a: .5EP14 FROPR/GK BOLL (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: k_0 201$' Age at death: 77
Decedent was domiciled at death in Cis 4Mtt ttd County, 1191"r)5 Vp/ti4 (State)with hi A"last
principal residence at 100 o AVd. Or
Street address,Post Office and Zip Code City,Township r Borough County
Decedent died at o56IC(: W el'4 6�f p,S/Jr� OAA j RIW 01 n i W44" P1+
. Street address,Post O ctif e a id Zn p Code City,Township or Borough County State
Estimate of value of decedent's property at death:
Ifdomiciled in Pennsylvania............................ All personal property $ S,DDO• ��
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. ... $_!Z:~-
Real
!Z DOD-
Real estate in Pennsylvania situated at:
(Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County
g 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 oC.r o�s� lr 6e�e (sj
thereto dated
State relevant circumstances(kg.renunciation,death of executor,etc.)
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not many,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.
9 NO EXCEPTIONS ❑ EXCEPTIONS
D 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.h.n.c.t a.,enter date of Will in Section A above and complete list of heirs.
i
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been stablished;ffi defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated per@. C-f`3 M f71 4
Qt"n
❑ NO EXCEPTIONS ❑ EXCEPTIONS ss rte__ C>
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the fdl%vdng use(if any)aTh#lis(attach
additional sheets,ifnecessary):
r m Cr)
Name Relationship r •sem
—rl
-no
cn
Form RW--02 rev.1011112011 Page 1 of 2
Oath of Personal Representative
Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF C I.t..111 Q E7Z4+r4l) }
Petitioner(s)Printed Name Petitioner(s)Printed Aftess C; ) :7-
Louann S. A1011 loo c. 1 /7
rn U r= te
ca
nz rn M
(D C>
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correc'fo ejbest of the know1mg nd belief
of Petitioner(s)and that,as Personal Representative(s)of the Dec t,the Petitioner(s)will well and truly ad�m`inistdr the estate accolftg�o law.
Cn
Sworn to or affirmed and subscribed before X CSk ,� t� ;. Datr l —L- T
me this day ofDate
By: Date
For the Register Date
BOND Required: ❑ YES X 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)
... . .
( )Codicil(s). ... .. . . .. . ...
( )Affidavit(s).. . . . .. .... .
Bond.. ........ ..... .. . .. .. . . .. .:. Printed Name: (�
Commission Supreme Court
Other . .. ... 1p=� ID Number:
LF
�� 1S Firm Name:
... ... . . Address:
.... . Phone: o6--f"9
Automation Fee. .. . . . . ..... . . . Fax: 7z — --
JCS Fee. . ... .... .. .. . . . .... . Email:
TOTAL. .... .... . . ..... .. . . . $
DECREE OF THE REGISTER
Estate of J.—OW-4 . /IiOFile No: 2 —AT
a/k/a:
AND NOW, l ,d' -15 , in consideration of the foregoing Petition,
d
satisfactory proof b g been esented before me,IT IS DECREED that Letters /19PJ1�Qra
are hereby granted to Lout) oS. "
in the above estate and(if applicable)that
the instn iment(s)dated 066&r V& 2.0,037—
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
46Aister of ills PW
Form RW-02 rev.1011112011 Page 2 of 2
LAST WILL AND TESTAMENT
OF
JOSEPH F.NOLL
I,JOSEPH F.NOLL,now of 100 East Maplewood Avenue,Mechanicsburg,Cumberland
County,Pennsylvania, 17055,do publish and declare this to be my Last Will and Testament,hereby
revoking all other prior wills and codicils made by me.
FIRST: Family Background and Appointment of Executor.
(A) Family and Background Information. I am married to LOUANN S. NOLL. The
children of our marriage are CHRISTINE L.EAGAN and ELIZABETH A.TILLY. Throughout
this Will, LOUANN S.NOLL will be referred to as "my wife" or "my spouse" and CHRISTINE
L.EAGAN and ELIZABETH A.TILLY will be referred to as "my daughters"or"my children".
The word "issue" will include my children as well as my other descendants.
(B) Appointment of Executor. I appoint as my Executrix and successor Executors(all
hereinafter referred to as Executor)under this Will, the following named persons to serve without
bond and without being required to account to any Court: -
,.,
Executrix: My wife, LOUANN S.NOLL.
Successor Executors: My daughters, CHRISTINE L. EAGAN orM r--
ELIZABETH A. TILLY,to"act jointly or individually.-_ „ '-� rn ;10 C, 1.
SECOND: Funeral and Last Illness Expenses: Taxes.
M
(A) Expenses of Funeral and Last Illness. Notwithstanding that my wife, LOUANN U)
S.NOLL,survives me,I direct my Executor to pay my funeral expenses and the expenses of my last
illness from my estate.
(B) Taxes. I direct my Executor to pay any and all estate,inheritance,succession,legacy,
transfer and other death taxes or duties,by whatever name called,including any and all interest and
penalties thereon, imposed under the laws of any jurisdiction by reason of my death,upon or with
respect to any and all property included in my gross estate for the purpose of such taxes, whether
such property passes under or outside of this Will,out of my residuary estate,without being prorated
or apportioned among or charged against the respective devises,legatees,beneficiaries,transferees,
or other recipients of any such property or charged against any property passing or which may have
passed to of them. The Executor shall not be entitled to reimbursement for any portion of any
A'
LAST WILL AND TESTAMENT
OF
JOSEPH F.NOLL
PAGE 2
such taxes from any such person.
THIRD: Tangible Personal Property. Except for those items excluded below and those
items enumerated in the Letter of Instruction, I bequeath to my wife, LOUANN S. NOLL, all
tangible personal property, including but not limited to clothing, jewelry, heirlooms, furniture,
personal effects, motor vehicles, and all other similar articles, which I own, and the insurance
thereon,if my spouse survives me by sixty(60)days. Tangible personal property shall not include:
(1) any and all property used by me in any business, (2) cash on hand or on deposit in banks, (3)
stock or securities, (4) any type of evidence of indebtedness, and (5) any life, health or accident
insurance policies.
If my wife, LOUANN S. NOLL, does not survive me, I bequeath such tangible personal
property to my daughters, CHRISTINE L. EAGAN and ELIZABETH A. TILLY, living at the
time of my death, to be divided among them as they may select in as nearly equal shares as is
practical. If my wife and my children do not survive me, I leave such tangible personal property to
the issue of my children, per stirpes. If there is any disagreement as to distribution, I direct my
Executor to make such distribution. The decision of my Executor shall be final and binding. Any
items not selected or any items which my Executor considers unsuitable for my children may be
distributed or sold in the sole discretion of my Executor and,if sold,the net proceeds therefrom shall
be added to the residue of my estate. Any such article allocated to a minor may, as my Executor
deems advisable, either be delivered to the minor or to any person to safeguard on behalf of the
minor.
Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated
and unsigned Letter of Instruction,which I shall place with my Will,containing directions as to the
ultimate disposition of certain of the property bequeathed under this Article THIRD,and such Letter
of Instruction shall determine the distribution of such items.
FOURTH: Family Home.
[THIS ARTICLE IS INTENTIONALLY LEFT BLANK.]
FIFTH: Residuary Gifts.
LAST WILL AND TESTAMENT
OF
JOSEPH F. NOLL
PAGE 3
(A) If my wife,LOUANN S.NOLL, survives me, I give, devise and bequeath all the rest,
residue and remainder of my estate, of every kind and character,real,personal and mixed,tangible
and intangible, and wherever situated, including any lapsed or renounced legacies, devises or
residuary bequests(and including any property over which I may have a Power of Appointment),to
my wife, LOUANN S. NOLL.
(B) If my wife, LOUANN S.NOLL, does not survive me, I give, devise and bequeath all
the rest,residue and remainder of my estate, of every kind and character,real,personal and mixed,
tangible and intangible,and wherever situated,including any lapsed or renounced legacies or devises
(and including any property over which I may have a power of appointment), in the following
amounts to the respective named and designated beneficiary:
(1)EIGHTY PERCENT(80%)of the residue of my estate shall be distributed to my
daughters,CHRISTINE L.EAGAN and ELIZABETH A.TILLY,in equal shares,
per stirpes.
(2)TWENTY PERCENT(20%)of the residue ofmy estate shall be distributed to my
grandchildren, in equal shares, per capita.
(C) Distributions During Administration. Prior to final distribution of my estate, the
Executor, in his discretion, may make partial distributions to one or more beneficiaries or Trusts.
As a consequence, the Executorship and any Trusts created under this Will may exist
contemporaneously. A distribution may be made subject to any indebtedness or liability of my
estate.
SIXTH: Spendthrift Provision. No beneficiary shall have the power to anticipate,
encumber or transfer his or her interest in the estate in any manner other than by the valid exercise
of a power of appointment. No part of the estate shall be liable for or charged with any debts,
contracts,liabilities or torts of a beneficiary or subject to seizure or other process by any creditor of
a beneficiary.
SEVENTH: Powers of Executor. In addition to the powers and duties as may have been
granted elsewhere in this Will, but subject to any limitations stated elsewhere in this Will, the
Executor shall have and exercise exclusive management and control of the Estate and shall be vested
with the following specific powers and discretion, in addition to the powers as may be generally
LAST WILL AND TESTAMENT
OF
JOSEPH F. NOLL
PAGE 4
conferred from time to time upon him by law:
(A) In the management, care and disposition of the Estate, the Executor shall have the
power to do all things and to execute such deeds and instruments as may be deemed necessary or
proper,including the following powers, all of which may be exercised without order of or report to
any Court:
(1) To sell,exchange or otherwise dispose of any property,real,personal or mixed,
at any time held or acquired hereunder,at public or private sale,for cash or on terms,without
advertisement, including the right to lease for any term notwithstanding the period of the
Estate, and to grant options, including any option for a period beyond the duration of the
Estate.
(2) To invest all monies in such stocks,bonds, securities,mortgages,notes, choses
in action, real estate or improvements thereon, and any other property as the Executor may
deem best, without regard to any law now or hereafter enforced limiting investments of
fiduciaries.
(3) To retain for investment any property deposited with the Executor hereunder.
(4) To vote in person or by proxy any corporate stock or other security and to agree
to or take any other action in regard to any reorganization,merger,consolidation,liquidation,
bankruptcy or other procedure or proceedings affecting any stock, bond, note or other
security.
(5) To use attorneys, real estate brokers, accountants and other agents, if such
employment is deemed necessary or desirable,and to pay reasonable compensation for their
services.
(6) To compromise,settle or adjust any claim or demand by or against the Estate and
to agree to any rescission or modification of any contract or agreement affecting the Estate.
(7) To renew any indebtedness,as well as to borrow money,and to secure the same
by mortgaging, pledging or conveying any property of the Estate, including the power to
borrow at a reasonable rate of interest.
LAST WILL AND TESTAMENT
OF
JOSEPH F.NOLL
PAGE 5
(8) To retain and carry on any business in which the Estate may acquire an interest,
to acquire additional interest in any such business, to agree to the liquidation in kind of any
corporation in which the Estate may have an interest and to carry on the business thereof,to
join with other owners in adopting any form of management for any business or property in
which the Estate may have an interest,to become or remain a partner, general or limited,in
regard to any such business or property and to hold the stock or other securities as an
investment, and to employ agents and confer on them authority to manage and operate the
business,property or corporation,without liability for the acts of such agent or for any loss,
liability or indebtedness of such business if the management is selected or retained with
reasonable care.
(9) To register any stock,bond or other security in the name of a nominee, without
the addition of words indicating that such security is held in a fiduciary capacity,but accurate
records shall be maintained showing that such security is a Estate asset and the Executor
shall be responsible for the acts of such nominee.
(B) Whenever the Executor is directed to distribute any Estate assets in fee simple to a
person who is then under twenty-one(2 1)years of age,the Executor shall be authorized to hold such
property in Trust for such person until he/she becomes twenty-one (21) years of age, and in the
meantime shall use such part of the income and the principal of the Estate as the Executor may deem
necessary to provide for the proper support and education of such person. If such person should die
before becoming twenty-one (21) years of age, the property then remaining in trust shall be
distributed to the personal representative of such person's estate.
(C) In making distributions from the Estate to or for the benefit of any minor or other
person under a legal disability,the Executor need not require the appointment of a guardian,but shall
be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same
to such person without the intervention of a guardian,to pay or deliver the same to a legal guardian
of such person if one has already been appointed,or to use the same for the benefit of such person.
(D) In the disbursement of the Estate and any division into separate trusts or shares,the
Executor shall be authorized to make the distribution and division in money or in kind, or both,
regardless of the basis for income tax purposes of any property distributed or divided in kind, and
the distribution and division made and the values established by the Executor shall be binding and
conclusive on all persons taking hereunder. The Executor may in making such distribution or
LAST WILL AND TESTAMENT
OF
JOSEPH F.NOLL
PAGE 6
division allot undivided interests in the same property to several trusts or shares.
(E) The Executor shall have discretion to determine whether items should be charged or
credited to income or principal or allocated between income and principal as the Executor may deem
equitable and fair under all circumstances, including the power to amortize or fail to amortize any
part or all of any premium or discount,to treat any part or all of the profit resulting from the maturity
or sale of any asset, whether purchased at a premium or at a discount, as income or principal or
apportion the same between income and principal,to apportion the sales price of any asset between
income and principal, to treat any dividend or other distribution of any investment as income or
principal, or apportion the same between income and principal, to charge any expense against
income or principal or apportion the same, and to provide or fail to provide a reasonable reserve
against depreciation or obsolescence on any assets subject to depreciation or obsolescence,all as the
Executor may reasonably deem equitable and just under all the circumstances.
(F) If at any time the total fair market value of the assets of any trust established or to be
established hereunder is so small that the corporate Trustee's annual fee for administering the trust
would be equal to or less than the minimum annual fee set forth in the Trustee's regularly published
fee schedule then, in effect, the Trustee in its discretion shall be authorized to terminate such trust
or to decide not to establish such trust,and in such event the property then held in or to be distributed
to such trust shall be distributed to the persons who are then or would be entitled to the income of
such trust. If the amount of income to be received by such persons is to be determined in the
discretion of the Trustee, then the Trustee shall distribute the property among such of the persons
to whom the Trustee is authorized to distribute income, and in such proportions, as the Trustee in
its discretion shall determine.
(G) Unless the context clearly states otherwise,when the authority and power under this Will
is vested in two (2) or more Executors, the authority and powers are to be held jointly by the
Executors. A majority of the Executors may exercise any authority or power granted under this Will
or granted by law,and may act under this Will. Any attempt by one such Executor to act under this
Will on other than ministerial acts shall be void. The action of one such Executor under this Will
may be validated by a subsequent ratification of the act by a majority of the Executors.
EIGHTH: Rights and Liabilities of Executor. No bond or other security shall be required
of any Executor. This instrument always shall be construed in favor of the validity of any act or
omission by any Executor,and any Executor shall not be liable for any act or omission except in the
LAST WILL AND TESTAMENT
OF
JOSEPH F. NOLL
PAGE 7
case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any
investment of the estate, the overall performance of the entire estate shall be taken into account.
Each Executor shall be entitled to receive reasonable compensation for services actually rendered
to my estate, in an amount the Executor normally and customarily charges for performing similar
services during the time which he/she performs the services.
NINTH: Tax Elections. In determining the estate, inheritance and income tax liability
relating to my Estate,the Executor's decision as to all available tax elections shall be conclusive on
all concerned. If the Executor joins with my spouse in filing income tax returns, or consenting for
gift tax purposes to having gifts made by either of us during my life considered as having been made
one-half by each of us, any resulting liability shall be borne by my Estate and my spouse in such
proportions as they may agree. In accordance with IRC Section 2632(a) and without regard to
whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the
Federal Generation Skipping Transfer(GST)exemption amount as will fully exempt any generation
skipping transfer which may occur under this Will.
TENTH: Definitions and General Provisions.
(A) Survival. Any beneficiary, including my spouse, who dies within sixty(60) days
after my death shall be considered not to have survived me.
(B) Trust Estate. "Trust Estate" means all assets, however and wherever acquired,
including income, which may belong to a Trust at any given time.
(C) Children. Except for discretionary distributions which may be made unequally
among a group of persons and distributions pursuant to a valid exercise of a Power of Appointment,
in making a distribution to the children of any person,the property to be distributed shall be divided
into as many shares as there are living children of the person and deceased children of the person
who left children who are then-living. Each living child shall take one share and the share of each
deceased child shall be divided among his then-living descendants in the same manner. A
posthumous child shall be considered as living at the death of his parent.
(D) Code. Unless otherwise stated, all references in my Will to section and chapter
numbers are to those of the Internal Revenue Code of 1986, as amended, or the corresponding
provisions of any subsequent federal tax laws applicable to my estate.
LAST WILL AND TESTAMENT
OF
JOSEPH F.NOLL
PAGE 8
(E) Other terms. The use of any gender includes the other genders,and the use of either
the singular or the plural includes the other.
(F) Captions. The captions set forth in this Will at the beginning of the various divisions
hereof are for convenience of reference only and shall not be deemed to define or limit the provisions
hereof or to affect in any way their construction and application.
(G) Powers of Appointment are Exercised. By this Will I exercise any Power of
Appointment which I may possess at my death.
IN WITNESS WHEREOF,I,JOSEPH F.NOLL,the Testator,have to this my Last Will
and Testament,typewrit En on nine(9)pages,including the Acknowledgment and Affidavit,set my
hand and seal this6 day of October, 2007.
SEP F. NO L
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 hereto,in the presence of the said Testator, and in the presence of each other. Each of us
further declares that he or she believes the Testator to be of sound mind and memory. The preceding
instrument consists of this and eight(8)other consecutively numbered typewritten pages including
the Acknowledgment and Affidavit.
residing at L� �r�' ��6
(print name)
T residing at
(print name)
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF )(
The Testator and the witnesses whose names are signed and subscribed to the attached or
foregoing instrument,being first duly sworn and qualified according to law,do hereby acknowledge,
depose and say to the undersigned authority, that the Testator signed and executed the instrument
as his Last Will in the presence of the witnesses; that he signed it willingly or willingly directed
another to sign it for him; that he executed it as his free and voluntary act for the purposes therein
expressed; that each of the witnesses were present and saw the Testator sign and execute the
instrument as his Last Will; that each subscribing witness in the hearing and sight of the Testator
signed the will as witnesses; 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.
Testator
Witness
Witness
Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named
Testator and witnesses, this,4/o4 day of October, 2007.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal Notary P
Teri L.Walker,Notary Public My C ission Expires:
Lemoyne Boro,Cumberland County
My Commission Expires Jan.20,2011
Member,Pennsylvania Association of Notaries '/ Y
f r .i