HomeMy WebLinkAbout08-03-15 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: James R. Scott File No: 21-15- t 9�
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: July 20, 2015 Age at death: 86
Decedent was domiciled at death in Cumberland County, Pennsylvania (State)with his/her last
principal residence at 1343 Georgetown Circle, Carlisle, PA 17013 Carlisle Borough Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 1000 West South Street, Carlisle,PA 17013 Carlisle 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 $ 1,000,000.00
If not domiciled in Pennsylvania. ............. .......... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. .... .... ....... .. .. .... Personal property in County $
Value of real estate in Pennsylvania.......... ............ . .. ... .. .. .... ....... .. ... ......... $
140,000.00
TOTAL ESTIMATED VALUE. ... $
Real estate in Pennsylvania situated at: Baltimore Street, Carlisle, PA 17013 Carlisle Borough Cumberland
(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)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated February 24, 1999 and Codicil(s)
thereto dated
State relevant circumstances(eg.renunciation,death of executor,etc.)
Except asfollows: 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,ata. or db.n.c.ta.,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.
QNO EXCEPTIONS ❑EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Decedent left no Willand was survived by the following spouse(if any)and heirs(attach
additional sheets, if necessary):
cn
Name RelationshipAddr p G�
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D oo 77
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F--' r— M
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COMMONWEALTH OF PENNSYLVANIA }
} SS: RECORDED OFFICE OF
COUNTY OF Cumberland } REGISTER O F WILLS
Petitioner(s)Printed Name Petitioner(s)Printe
Helen I. Scott 1343 Georgetown Circle, Carlisle, PA 1701 -
Jeffrey L. Scott 34 Sandy Bottom Road, Carlisle, PA 17015 `'', v`
COURT
CUMBERLA14D CO., PA
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 Decede t,the Petitioner(s)wil well and truly administer the estate according to law.
Sworn to or affirmed a d s scribed before Date
me t ' �-74A y of 901 S Date
By: 0'y�� Date
For the Register Date
BOND Required: YES EqNb 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: Robert G. Frey
Commission. . . . . . . . . . . . . . . . . . Supreme Court
Other . . . . . . . . ID Number: 46397
. . . . . . .
Invowli . . . . . . Firm Name: Frey&Tiley
. . . . . . . . Address: b boUthHanover btreet
ar Is e,
. . . . . . Phone: 717-243-5838
Automation Fee. . . . . . . . . . . . . . . Fax: 111-243-6441
JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: rtreyGOtreytileycom
TOTAL. . . . . . . . . : . . . . . . . . . . .
DECREE OF THE REGISTER
Estate of James R. Scott File No: 21-15- �yy
a/k/a:
AND NOW, , 2015 , in consideration of the foregoing Petition,
satisfactory proof havin een presented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Helen I. Scott and Jeffrey,L. Cott
1 .
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w.
in the,above estate and(if applicable)that
the instnnnent(s) dated February 24, 1999 -�
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent.
516
Register of Wills :.-
RENUNCIATION.
REGISTER OF WILLS rn
CUMBERLAND COUNTY,PENNSYLVANI)g 70
a 05 70..
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James R. Scott a o
Estate of ed
rs CD
I, Sally S. Hamilton , in my capacity/relationship as
Co-Executor (PrintName)
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
Helen I. Scott and Jeffrey L. Scott
g
(Date) (Signature) J
(Street Address)
1 11 ,.-/-,-5
(City,State,Zip)
Executed in Register's Office Executed out of Register's Office
Sworn to or affirmed and subscribed Before the undersigned personally appeared the
before me this day party executing this renunciation and certified
Of that he or she executed the renunciation for the
purposes stated within on this_�day
of u /
Deputy for Register of Wills Notary Public
My Commission Expires:
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary s Commission.)
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
ROBERT G.FREY,Notary Public
Borough of Carlisle,Cumberland County,PA
Form RW-06 rev. 10.13.06 My Commission Expires June 27,2018
3
C7 cin
co rn � .
C> `? o 0
OATH OF SUBSCRIBING WITNESS(E
�n O
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIAo r M
_0 _l � o
-t M
Estate of James R. Scott Deceased
Kimberly A. Mayberry
(each) a subscribing witness to
(Print Names)
the M 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.
ignature) (Signature)
21 S'(—
(Street A ess) (Street Address)
I le_ ' V ' 1 �\
(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 29' day
of �. of �v
TF
Deputy for Register of Wills Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA (Signature and Seal of Notary or other o I qualified to
NOTARIAL SEAL administer oaths. Show date of expiration of Notary's Commission.)
ROBERT G.FREY,Notary Public
gorou h of Carl' le,Cu bedand County,PA
NOTE: To be taken y O$Tce6r A4'QW'Q24a0*.g Please In ive present the original or copy of instruments)at time of notarization.
Form RW-03 rev. 10.13.06
OATH OF SUBSCRIBING WITNESSES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
-Ca �' mrn{
James R. Scott c' G'
Estate of M � ID�o sed
r— r n rr; M
Robert M. Frey C' �
(each,-asub-krib&wilhgs to
(Print Names) -�
the 8 Will ®Codicil(s) presented herewith, (each)being duly qualified according to law, dep6s (s)Eine
-r_ C. o
say(s)that she/he/they was/were present and saw the above Testator/Testatrix "?sign thVsame
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.
(Signature) (Signature)
1010 Drayer Court
(Street Address) (Street Address)
Carlisle, PA 17-13
(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 2 day
of of 2a e j<—
Deputy for Register of Wills Notary Public
My Commission Expires:
(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 or copy of instrument(s)at time of notarization.
Form RW-03 rev. 10.13.06 COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
ROBERT G.FREY,Notary Public
Borough of Carlisle,Cumberland County,PA
My Commission Expires June 27,2018
J .
LAST WILL AND TESTAMENT
OF
JAMES R SCOTT
I, JAMES R SCOTT, of 236 W. Baltimore Street in the Borough of Carlisle, Cumberland
County, Pennsylvania, being of sound and disposing mind, memory and understanding, do
hereby make,publish and declare this as and for my Last Will and Testament, hereby revoking and
making void any and all Wills by me at any time heretofore made.
1. I direct my hereinafter named Executors to pay all of my just debts and funeral expenses
and all costs of administration of my estate as soon after my death as may be found convenient to
do so.
2. 1 direct that all inheritance, transfer, estate, succession and death taxes which may be
payable on account of my death, including interest and penalties thereon, shall be paid from the
residue of my estate regardless of whether the assets upon which such taxes are based are included
in my probate estate.
3. I give, devise and bequeath the maximum of the amount which will exhaust the Unified
Credit for purposes of Federal Estate Tax which at the present time is approximately $650,000.00,
to my two children, Jeffrey L. Scott and Sally S. Hamilton, their heirs and assigns, provided each
of them shall survive me by a period of ninety (90) days, but should either of them fail to so
survive me then the share which such deceased child of mine would have received shall pass to
such of his or her issue as shall survive me by a period of ninety (90) days, their heirs and assigns,
per stirpes.
ry ,
4. All of the rest, residue and remainder of my estate, real, personal arxed, rn
`'rd c,>
wheresoever the same may be situate, I give, devise and bequeath to my hereiar nam
Trustees, in trust, for the uses and purposes hereinafter set forth, which Trust shale-mown as •-a Cl
the Residuary Trust. ro
,- M w
This Residuary Trust shall be held, administered and disposed of as follows:�; ra -`',,
y -ri :3
a) My Trustees shall distribute to or for the benefit of my wife, Helen I.-Scott, all '@ rn
the income of this Residuary Trust annually or at more frequent intervals, as may from%-tirfi'6 to timen
be deemed appropriate or convenient. In addition,my wife shall have the right during-her lifetin 1
to require distribution to or for the benefit of herself all or any part of the corpus of the Residuary ,
Trust, and in addition my Trustees shall distribute to or for the benefit of my wife from time to time
so much of the corpus of the Trust as my Trustees in their discretion shall consider reasonably
necessary to enable my wife to maintain the standard of living to which she is accustomed. The
right of my wife during her lifetime to require distribution of income or corpus of the Residuary
Trust shall include the right in her to direct that gifts may be made by her or by the Trust to any
individuals she may designate or to any churches or charities or eleemosynary institutions which
she may select.
b) My wife shall also have the power, exercisable alone, and in all events, to appoint
by specific reference to this power in her valid Last Will and Testament, all or any part of the
corpus and undistributed income of this Trust remaining at the time of her death, free from this
Trust, to either of our two children who are, Jeffrey L. Scott or Sally S. Hamilton or the legitimate
issue of either of them, in such proportions and subject to such terms, trusts, and conditions as she
may direct by her valid Last Will and Testament. Such power may be exercised by my wife
irrespective of the time of her death and even though she dies before by Trustees receive the
Residuary Trust assets;
c) To the extent that the foregoing testamentary power of appointment is not
effectually exercised by my wife, then upon her death the entire remaining corpus and
undistributed income of the Residuary Trust, as then constituted, or the part thereof not effectually
appointed, shall be divided, held, administered, and disposed of as follows:
(1) My Trustees shall divide the trust property into equal and separate shares so
as to provide one share for each child of mine living at the time of my wife's death. Should any
child of mine have predeceased my wife and left surviving him any legitimate issue which shall be
living at the time of the death of my wife, such issue shall have allocated to them per stirpes the
amount of the share such deceased child would have been entitled to had such deceased child
survived my wife, Helen I. Scott . The share or portion of a share allocated to each beneficiary
shall constitute and be administered as a separate trust.
Page 1 of 4 Pages
4 J �
Separate books and records shall be kept for each such trust but it shall not be necessary that
physical division of the assets be made as to each trust. The income and corpus of each trust shall
be held, administered, and disposed of as follows:
(a) My Trustees shall distribute to or for the benefit of the beneficiary of
each trust all of the income plus so much of the corpus of the share of such beneficiary as my
Trustees, in their sole discretion, shall consider necessary or advisable for the health, support,
education and general welfare and prudent management of the assets of each such beneficiary until
such beneficiary attains the age of 25 years.
(b) Whenever any beneficiary attains the age of 25 years, or if such age
has been attained, my Trustees shall pay and transfer to him or her absolutely all of the income and
corpus of the share of such beneficiary or so much thereof as shall not have been applied or
distributed prior thereto; but if any beneficiary shall die before attaining the age of 25 years, then
such undistributed property shall be paid and transferred to the legitimate issue of such beneficiary,
if any, in equal shares per stirpes, and in the absence of issue, such undistributed trust property
shall be paid and transferred, in equal shares per stirpes, to any of my children surviving such
beneficiary, and if any of my children have predeceased such beneficiary but shall have then
legitimate living issue, the share such deceased child would have received shall be paid to his or
her legitimate issue,per stirpes.
(c) Whenever pursuant to the provisions of this Will all or any part of a
distributive share of a Residuary Trust shall be payable to a minor, title to the share of a minor
shall pass to him or her,but the payment to him or her of such share or trust fund shall be deferred
until he or she shall attain the age of 21 years and in the meantime such share or trust fund shall be
held by the Trustees or a court appointed Guardian, if the Trustees are unwilling to assume such
responsibility, until such minor attains the age of 21 years. The fiduciary holding such fund shall
apply all or such part of the income and principal as the fiduciary in his uncontrolled discretion may
determine to the support, education, and maintenance of such minor. The authority conferred upon
such fiduciary by this paragraph shall be construed as a power only and shall not operate to
suspend the absolute ownership of such property by such minor or to prevent the absolute vesting
thereof in such minor. With respect to the administration of any such property which shall vest in
absolute ownership in a minor, and which shall be held by such fiduciary authorized in this
paragraph, such fiduciary shall have all the powers set forth under the provisions of paragraph 8 of
this Will to be exercised in the manner set forth in such paragraph.
(d) The meaning of "legitimate issue" as used in this Last Will and
Testament shall be limited to a child or children born to a female descendent of Testator regardless
of whether the mother is married to the father of such child or children, and shall be limited to a
child or children born to a male descendent of Testator where the father of such child or children is
married to the mother either before or after the birth of the child or children. In any case the
meaning of "child" or "children" or "legitimate issue" as used above shall NOT include any
adopted child or children.
(e) No title, in any trust hereby created, or in the income accruing
therefrom, or in its accumulation, shall vest in any beneficiary and no beneficiary shall have the
right or power to transfer, assign, anticipate or encumber his or her interest in said trust, or the
income therefrom, prior to the actual distribution thereof by the Trustee to said beneficiary.
Further, neither the income nor the principal of said trust shall be liable in any manner, in the
possession of the Trustee, for the debts, contracts or engagements of any of the beneficiaries.
5. Any share or portion of a share of any trust created hereunder, or any other property of
mine that is not disposed of under any other provision of this Will, shall go and be distributed to
my heirs-at-law.
6. I hereby nominate, constitute and appoint my wife,,Helen I. Scott, and my two
children, Jeffrey L. Scott and Sally S. Hamilton, as Executors of this my Last Will and Testament,
and I further direct that none of them shall be required to post any bond to secure the faithful
performance of her or his duties in the Commonwealth of Pennsylvania or in any other
jurisdiction.
7. I hereby nominate, constitute and appoint my said wife, Helen I. Scott and my said two
children, Jeffrey L. Scott and Sally S. Hamilton, as Co-Trustees , but should all of them fail to
qualify or cease serving as such, I authorize them or the survivor of them to appoint a successor
Trustee or Trustees and all successor Trustees shall have the authority to appoint their successors
as may from time to time be necessary.
8. In addition to the powers conferred by law, my hereinbefore named Executors and
Trustees and the Guardian or Guardians hereinbefore named, and their respective successors, are
empowered:
Page 2 of 4 Pages
a. To invest any part of the trust corpus in such securities, investments, or other
property as may be deemed advisable and proper, irrespective of whether the same are authorized
for the investment of trust funds under the laws of any governing jurisdiction.
b. With respect to any corporation, the stocks, bonds, or other securities*of which
may be held, to vote in person or by proxy on any shares of stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale
of the property of any such corporations; to make any surrender, exchange or substitution of such
stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of
such corporations; to pay all assessments, subscriptions and other sums of money which may be
deemed wise and expedient for the protection and maintenance of the proportionate interest of the
investment in such corporations; to exercise any option or privilege which may be conferred upon
the holders of such stocks, bonds, or other securities of such corporations either for the conversion
of the same into other securities or for the purchase of additional securities, and to make any and all
necessary payments which may be required in connection therewith; and generally to have and
exercise as to all such stocks, bonds and other securities, the powers of an individual owner who
is not under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate
shares shall have undivided interests.
d. To sell at public or private sale for cash or upon credit, or partly for cash and partly
on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of my
estate or the trust estate, and no purchaser at any such sale shall be bound to inquire into the
expediency or propriety of any such sale or to see to the application of the purchase moneys arising
therefrom.
e. To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
f. To compromise, settle or arbitrate any claim or demand in favor of or against my
estate or the trust estate.
g. And authorized in the discharge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be charged against the
principal or income of the trust fund, and shall further be entitled to charge against the principal or
income such other reasonable expenses and charges as may be necessary and proper to incur for
the proper discharge of fiduciary duties and for the proper management and administration of the
trust estate.
h. In making any division of property into shares for the purpose of any distribution
thereof directed by the provisions of the trust, to make such division or distribution, either in cash
or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making
any division or distribution in kind may allot any specific security or property or any undivided
interest therein to any one or more of such shares, and to that end may appraise any or all of the
property so to be allotted and the judgment as to the propriety of such allotment and as to the
relative value for purposes of distribution of the securities or property so allotted shall be final and
conclusive upon all persons interested in the trust or in the division or distribution thereof.
i. And authorized to register any shares of stock or other assets of any trust in their
own names or in the name of a nominee.
j. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may own at the time of
my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds
as may be deemed advisable or proper, irrespective of whether the same are authorized for the
investment of trust funds under the laws of any governing jurisdiction.
1. To determine from time to time whether all or some portion of realized capital gains
shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be
retained as part of the corpus, and such designation need not be consistent from one year to
another.
9. If any provision of the Will shall be unenforceable, the remaining provisions shall
nevertheless be carried into effect.
/4"-
Page 3 of 4 Pages
IN WITNESS WHEREOF, I, James R. Scott, have hereeto set my hand and seal to
this my Last Will and Testament, written on four pages this lay of February , 1999.
(SEAL)
James R. Scott
Signed, sealed, published and declared by JAMES R. SCOTT, the Testator above named, as
and for his Last Will and Testament, in our presence, who, at his request, in his presence, and in
the presence of each other, all being present at the same time, have subscribed our names as
attesting witnesses.
���i�(�zU ,mac..• '�-�-
Page 4 of 4 Pages