Loading...
HomeMy WebLinkAbout07-23-15 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: MARIAN T. EDWARDS File No: a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: July 8, 2015 Age at death: 89 Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last principal residence at 117 Westover Dr., New Cumberland, PA 17070 New Cumberland Borough Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 117 Westover Dr., New Cumberland PA New Cumberland Borough 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 $ 35,000.00 If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania... ................................................ ...... $ 300,000.00 TOTAL ESTIMATED VALUE. ... $ 335,000.00 Real estate in Pennsylvania situated at: 117 Westover Drive New Cumberland Borough Cumberland (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 March 10, 2004 and Codicil(s) thereto dated NONE. The decedent's spouse George E. Edwards, predeceased her on January 7, 2012. 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 born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑✓ NO EXCEPTIONS ❑EXCEPTIONS 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.b.n.c.t.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. .v 0 ❑NO EXCEPTIONS ❑EXCEPTIONS n n Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the followin�p@e(if any)Mlud h4 (agch additional sheets,if necessary): M -0 f--- (,n �. M c3 t=1 Name RelationshipAddress"' r,,— ,,— W �, c) rn -� V�/� o Y Form RW-02 rev. 10111/2011 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 LeTort Management&Trust Company 3130 Morningside Drive, 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)w ll well and truly administer the estate according to law. J r7-23'z0l J Sworn to or affirmed a d subscribed before ��� 0 -�Z'�-�-r--- Date me this�� day of ,2fll`J Date By: />L A. p ��� Date For the Register Date BOND Required:AYES ©NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . .. . . . . . . . . . . . . . $ 360.00 Attorney Signature: ( 4 ) Short Certificate(s). . . . . . 20.00 ( )Renunciation(s).. . . . . . . . ykk ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . .. . . . . . . . . . . . . Printed Name: Howell C. Mette Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other Will . . . . . . . . 15.00 ID Number: 07217 Inventory . . . . . . . . 15.00 Inheritance Tax Returr. . . . . . . . 15.00 Firm Name: METTE, EVANS &WOODSIDE . . . . . . . . Address: 3401 North Front Street . . . . . . . . PO Box 5950 . . . . . . . . Harrisburg PA 17110-0950 . . . . . Phone: (717)232-5000 Automation Fee. . . . . . . . . . . . . . . 5.00 Fax: (717)236-1816 JCS Fee. . . . . . . . . . . . . . . . . . . . . 35.50 Email: jebrothers(a_)mette.com TOTAL. . . . . . . . . . . . . . . . . . . . . $ 465.50 DECREE OF THE REGISTER Estate of MARIAN T. EDWARDS File No: a l^ t,5^ a/k/a: AND NOW, �1�- 2015 ,in consideration of the foregoing Petition, satisfactory proof having been pre ented before me,IT IS DECREED that Letters Testamentary are hereby granted to LeTort Management&Trust Company in the above estate and(if applicable)that the instrument(s)dated March 10, 2004 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ster of Wills Form RW-02 rev.10/11/2011 u Page 2 of 2 REGIsT '� . O ��,LLs ]L]L AND TESTAMENT" � 2 �x"3.7W� ?015 RIL CLERK OF OF B P B MARIAN T. EDWARDS C-UMBERLAN11) CO., I, MARIAN T. EDWARDS, of New Cumberland, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the property passing under ITEM V of this Will, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. ITEM III: If I predecease my husband, GEORGE E. EDWARDS, I give and bequeath to him absolutely and in fee simple all of my household furniture and furnishings, books, pictures,jewelry, silverware, automobiles, wearing apparel and all other, articles of household or personal use or adornment and all policies of insurance thereon. If I do not predecease my said husband, I make said bequest to my children living at the time of my death, to be divided between them as they shall agree. Should there be no agreement, such property shall be divided between them by the Executor in as nearly equal portions Page 1 77 (0a as is deemed practical in the sole discretion of the Executor, having due regard to the personal preferences of such children. ITEM IV: I give, devise and bequeath all the rest, residue and remainder of my estate, not disposed of in the preceding portions of this Will, to my husband, GEORGE E. EDWARDS, and LETORT MANAGEMENT & TRUST COMPANY as Trustees (hereinafter referred to as "Trustee"), IN TRUST NEVERTHELESS, for the following uses and purposes: (a) The.Trustee shall pay the net income arising from the principal of this Trust in convenient installments, but not less than annually, to my husband, GEORGE E. EDWARDS, during his lifetime. (b) During the lifetime of my said husband, the Trustee shall pay to or for the benefit of my said husband so much of the principal of this Trust as may be necessary for the proper support, maintenance and medical care of my said husband. (c) Upon the death of my said husband, the Trustee shall convey and pay over all of the remaining assets, to one or all, or less than all of my issue (and for the purpose hereof, an adopted child shall be considered to be the child of the adopting parent), in such amounts or proportions, and in such lawful interest or estates, whether absolutely or in trust, as my said husband may have directed, either by instrument filed with the Trustee during his lifetime exercising this Power of Appointment or by his Last Will and Testament. In no event may this Power of Appointment be exercised in favor of my said husband, his estate or creditors of either. If this Power of Appointment is for any reason not validly exercised by my said husband, in whole or in part during his lifetime, or Page 2 7-, , ` in his Last Will and Testament, then upon the death of my said husband, the Trustee shall divide the principal and any accretions thereto and any accumulations of income into as many equal parts as there are then living children of mine and then deceased children of mine represented by then living issue. The Trustee shall distribute one share to each living child and shall hold one such share as a separate Trust for the benefit of the issue of each such then deceased child, per stirpes. (d) In each Trust established for the benefit of the issue of a deceased child of mine, the Trustee shall quarterly pay the net income to or for the benefit of the issue of such deceased child, per stirpes, living at each time of quarterly distribution; as soon as any one of said issue attains the age of twenty-one (21) years, and in no event later than twenty (20) years following the death of the survivor of my husband and me, the Trustee shall pay over all of the then assets in the Trust to the then living issue of my deceased child, per stirpes. (e) If at any time before final distribution of the assets of any of the Trusts established for issue of deceased children, there are no living beneficiaries of said Trust, the Trust shall terminate, and the assets shall be distributed to my then living children and issue of deceased children, per stirpes. The share payable to the issue of deceased children hereunder shall continue to be held in trust for the benefit of said issue in accordance with the provisions of subparagraph (d), provided, that if any of the Trusts herein created for the benefit of issue of deceased children have been terminated by the payment of its principal to its beneficiaries, the beneficiaries who received payment of the principal of that Trust shall collectively be considered an "existent Trust" for the purposes of this paragraph, and one equal share shall be Page 3 ki,`T� C paid directly to such beneficiaries in the same proportion by which they received the principal of the Trust, or, if any such beneficiary is deceased, to the issue of such beneficiary, per stirpes. ITEM V: In the settlement of my estate and during the continuance of the foregoing Trusts, the Executor and the Trustee shall possess, among others, the following powers: (a) To retain any investments I may have at my death, including specifically those consisting of stock of any bank even if I have named such bank as the Executor or Trustee herein, so long as the Executor or Trustee may deem it advisable to my estate so to do. (b) To vary investments, when deemed desirable by the Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other property, real or personal, as they shall deem wise, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to effect a division of the principal of a Trust or for any other purpose, including any final distribution of a Trust, the Executor or Trustee is authorized to make said divisions or distributions of the personalty and realty, partly or wholly in kind, and to allocate specific assets among beneficiaries and Trusts created hereunder so long as the so long as the total market value of any share is not affected by such division, distribution or allocation in kind. Should it appear desirable to partition any real estate, the Executor or Trustee is authorized to make,join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or Page 4 other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale and upon such terms and conditions as the Executor or Trustee may deem advantageous to the estate or Trust, any or all real or personal estate or interest therein owned by the estate or Trust severally or in conjunction with other persons or acquired after my death by the 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 the Executor or Trustee in this paragraph or elsewhere in my Will. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any party, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate or a Trust. (h) To vote any shares of stock which form a part of the estate or Trust, and otherwise to exercise all the powers incident to the ownership of such stock. Page 5 � W In the discretion of the 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 the estate. 0) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (k) To do all other acts in their judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate or Trust. ITEM VI: Any person who shall have died at the same time as I shall have, or in a common disaster with me, or under such circumstances that the order of our deaths cannot be established by proof, or within thirty (30) days of my death, shall be deemed to have predeceased me. ITEM VII: The individual Co-Trustee shall have the right to remove the then acting corporate Trustee and substitute a Co-Trustee, which shall be a banking corporation with fiduciary powers not related to or subordinate to the individual Co-Trustee, by instrument in writing signed by the individual Co- Trustee and delivered to the corporate Trustee. Any Trustee hereunder shall have the right to resign at any time, for any reason whatsoever, without court approval. ITEM VIII: The corporate fiduciary hereunder shall be entitled to receive compensation for its services hereunder in accordance with its schedule in effect when the services are performed. Page 6 ®�� � Y 1 ITEM IX: I hereby nominate, constitute and appoint my husband, GEORGE E. EDWARDS, and LETORT MANAGEMENT & TRUST COMPANY, to be the Executors (herein referred to as "Executor". The Executor and Trustee are specifically relieved from the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding six (6) pages, at the end of each page of which I ha a also set my initials for greater security and better identification this l0, day of � - , 2004. jr, �"dA,,(SEAL) MARIAN T. EDWARDS 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 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 �L� (SEAL) Residing at Ir? (SEAL) Residing at e� 106939v1 RECORDED OFFICE OF REGISTER OF WILLS LOIS JUL 23 9M 1, 37.,OATH OF SUBSCRIBING WITNESS(ES) C L E R K 0 F REGISTER OF WILLS ORPHANS' COURT CUMBERLAND COUNTY,PENNSYLVANIA CUMBERLAND CO., f Estate of MARIAN T. EDWARDS ,Deceased HOWELL C. METTE (each) a subscribing witness to (Print Name/s) the ®Will ❑Codicil(s)presented herewith, (each)being duly qualified according to law, depose(s)and say(s)that she/he/they was/were present and saw the above Testator/Testatrix sign the same and that she/he/they signed the same and that she/he/they signed as a witness at the request of the Testator/Testatrix in her / his presence and in the presence of each other. (Signat e) (Signature) 205 North 26th Street (Street Address) (Street Address) Camp Hill PA 17011 (City,State,Zip) (City,State,Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this day of of , oto/,r c+ctiA� ih e�a�cloLiln Coll, IVB /esLhr(flV¢tgQ Deputy for Register of Wills N`, y Public My Commission Expires: r,2 -( d-!P (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original copy of instrument(s)at time of notarization. COMMONWEALTH OF PENNSYLY"'A 848091vt N,;aFia; 59a1 Publlc Form RW-03 rev.10.13.06 I Joan E. g'otf_r5, Notary Dauphin cou 018 SusGuehanna Tµ✓ res Feat. 12, My Commission Expires ai.:: 0,F NOTua6S 5E.: RECO''kDED OFFICE OF- R'EGIS T FR O1= FILLS ?015A 23 OAT113QF NON-SUBSCRIBING WITNESS(ES) CLERK O F REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA C11MRERUiU Estate of MARIAN T. EDWARDS , Deceased Phyllis J. Harmon and , (each) being duly qualified according to law,.depose(s) and say(s)that she /he/they was/were well- acquainted with Marian T. Edwards and am/are familiar with the handwriting and signature of the decedent, and that the signature of Marian T. Edwards to the foregoing instrument purporting to be the Last Will and Testament/Codicil of Marian T. Edwards is in his/her own proper handwriting. (Siknature) (Signature) (Street Address) (Street Address) (City,State, ip) (City,State,Zip) Executed in Register's Office Sworn to or affirmed and subscribed before`me this 33_4c�:l day of QUAL L4 Deputy for Registd of Wills Fora:RW-04 rev. 10.13.06 Ju i. 23. 2015 1 : 19PM No. 2318 P. 2 s ' LEJOR `I' TRUST LIETORT TRUST CORPORATE RESOLUTION I,the undersigned,Secretary of Letort Trust a Corporation organized under the laws of the United States, do hereby certify that at a meeting of the Board of Directors of said Corporation duly convened and held on the Septembor 19,2007 at which a quorum was present,and acting throughout,the following resolution was adopted,the same is in full force and effect,and you may rely upon its remaining in such effect until you are advised otherwise by certificate executed by the Secretary of said Corporation. RESOLVED:That the President,Katie E. Clarke,Secretary,Phyllis J.Harmon or either of them,hereby are authorized and empowered to execute agreements,to execute and delivor any and all documents and perform such acts as many be required to open accounts in the Corporation's name and said officers,or any of them,are each likewise hereby authorized to sign and deliver in the Corporation's name and in its behalf all written inArumeuts necessary or proper to effectuate the authority hereby confirmed. I do further certify that,as of this date, the following are Officers of said Corporation,having been duly elected to such offices respectively and now hold the same: Title Name S' �no e ,11I PRESIDENT Katie E.Clarke Vl/ SECRETARY Phyllis J.Hannon 11.1 4z;/ I do further certify that the powers granted in this resolution are not cbntrary to the c] rter or certificate of incorporation or to the by-laws of said Corporation. IN WITNESS WHE ,I have hereunto set my hand as Secretary of said Corporation and affixed its corporate seal,this i (affix original raised corporate seal) PhylH Ha a} n,Secretary