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HomeMy WebLinkAbout09-23-15 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA Petitioner(s) named below, who is/are 18 years of age ar older, apply(ies) for Letters as specified below, and in support thereof aver(s)the following and respectfizlly request(s)the grant of Letters in the appropriate form: Decedent's Information �g� Name• Edith B. Kuhn File No• 21-15- a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: .� Date of Death: June 8, 2015 Age at death: 89 Decedent was domiciled at death in Cumberland County, Pennsylvania �srare) with his/her last principal residence at 240 Springview Road, Carlisle, PA 17015 West Pennsboro Township Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at ��0 South Hanover St., 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: Ifdomiciled in Pennsylvania.. . . ... . . . . . .. . . . . . . . .... . . . All personal property $ 10,000.00 If not domiciled in Pennsylvania. . .. . . . . . . . . .. .. . . .. . . . . Personal property in Pennsylvania $ Ifnot domiciled in Pennsylvania. ... . . . . . . .. .. .. . . . . . . . . Personal property in County $ Value of real estate in Pennsylvania... . . . ...... .... . . . . . . . . . ...... . . .. . . . .. . .... ... . . . . .. .. . $ TOTAL ESTIMATED VALUE. . . . $ • Real estate in Pennsylvania situated at: NOne (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County Q A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/aze the Executor(s)named in the last Will of the Decedent,dated January 31, 2009 �d Codicil(s) thereto dated Albert C. Kuhn, one of the subscribing witnesses is a resident in a nursing aci i y an una e o knowingfy execute an oa o su scri ing wi ness. State relevant circumstances(e.g.renunciarion,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. QNO 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.�a. or d.b.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. �NO EXCEPTIONS �EXCEPTIONS Petitioner(s),af�er a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets, ifnecessary): __, � Name Relationshi Addr�'9s `r' s��� rc� Q r � , r.,, � � r� .. �...r ,�r� a ^Y7 -..j r-� .""i� . N � G,J _. ..� �"t _,..; ...,. '_ . ' �.... _ ��..+ S"�-� ,_ � " ""('-j � _ .Y 1 —----- -- — -------- --r---------� - COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Peririoner(s)Printed Address Doris Marie Lerew 656 Latimore Road, York Springs, PA 17372 Robert G. Frey 5 South Hanover Street, Carlisle, PA 17013 �, � -•, =� � r-i � � rn? ,� �..� ,- �. �:=:, � , _ � . The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petirion are true and correct to the best of the know�ige a1}d be�ief of Petitioner(s)and that,as Persor.al Represer.t,ative(s)of the Decedent,the Petitioner(s)will well and mily administer the estate.acc�ing to.law':? .. _ `> Sworn to or affirmed nd su�,scribed before " Date �-�j-• �;Gs y��� me thi �day of ,�� Date 'y' r—�/ �=>!�' By: �')�') � - Date �� � For the Register Date BOND Required:❑YES �NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ .5"vd Attomey Sign re: ( � ) Short Certificate(s). . . . . . /j.OG � ( )Renunciation(s).. . . . . . . . � ( )Codicil(s). . . . . . . . . . . . . , ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: RObel't G. Ff2y Commission. . . . . . . . . . . . . . . . . . Supreme Court Oth . . . . . . . ID Number: 46397 l„� . . . . . . . L�j"o6 . . . . . . . . Firm Name: Frey &Tiley ' r7V . . . . . . . . � Address: ou anover ree ' ar is e, . . . . . . . Phone: 717-243-5838 Automation Fee. . . . . . . . . . . . . . . . •°C' Fax: � � JCS Fee. . . . . . . . . . . . . . . . . . . . . 5� 5d Email: rey re i ey.com TOTAL. . . . . . . . . . . . . . . . . . . . . $ ' � - O DECREE OF THE REGISTER Estate of Edith B. Kuhn File No• 21-15- �g� a/k/a: AND NOW,��' � c�`� , 2��5 , in consideration of the foregoing Petition, satisfactory proof having een presented before me,IT IS DECREED that Letters Testament�ry are hereby granted to Doris Marie Lerew and Robert . rey in the above estate and(if applicable)that the instrument(s) dated anuary 31, 2009 described in the Petition be admitted to probate and filed of re rd as the last Will(and Codicil(s)) of Decedent. �-- / �� �, Registe of Wills � � � - �_ �` � � REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA a, y �� C uMe� No. 2015- 00995 PA No. 21- 15- 0995 �� ���� �� .7 9 Es ta te Of: EDITH B KUHN O /First,Middle,Lastl � v �� La te Of: WEST PENNSBORO TOWNSHIP CUMBERLAND COUNTY N N Deceased Soci al Securi ty No: 1750 WHEREAS, on the 24th day of September 2015 an instrument dated January 31st 2009 was admitted to probate as the last will of EDITH B KUHN lFiisC Middle,Lastl late of WEST PENNSBORO TOWNSH/P, CUMBERLAND County, who died on the 8th day of June 2015 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRA YSON, ESQ. , Regi s ter of Wi 11 s in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: DORIS MARIE LEREW and ROBERT G FREY who have duly qualified as EXECUTOR(R/X) and have agreed to administer the estate according to law, all of which fully appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE, CARL/SLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 24th day of September 2015. , . i �_ �� r ;��� � c� r�ct'-� ; -� �� �/t..�-, �- . � Register of "s / / / t., 1 C:.� C;:i � � �/! ..: �,�ic� ' t f .., .' De C.._ �. �i ..-� ,.. ; .-,.. � :�..: .� � j ,:_ '..._ " ' - -_..� f � ��� ..,.��� , .. � ._ � �_.�-. <..: �-_�. `_...� .-�.. I:_ . �,� .. , �...: �_..� _ N ,� _ ,..� r: " _.. ':.;_.�, s,,... .:.. CL. '� -- t�:.,, .�.J �;,:, 4i1 Li�. G.�. c.� ;r c� ,,,.. �u �� o .� � c.... � � r_, � c�. ; **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) LAST WILL AND TESTAMENT OF EDITH B. KUHN c� � _w, J,, �, , � � �:``� c� � '� �r-J,-i `� �_:> C'7 � � . `o � Kp I, EDITH B. KUHN of West Pennsboro Township (mailing a�dr�ss: �a240 � `�:' Springview Road, Carlisle, Pennsylvania 17013), Cumberland County, �Pennsylvania, ' `=' being of sound and disposing mind and understanding, do hereby make; publis�and �m�, Y Y 9 9� ` - declare this as and for m Last Will and Testament, hereb revokin ancf makin void; ,.; any and all Wills by me at any time heretofore made. � �'- =�� i-�' ti �, �� .. O, -'f 1. I direct my hereinafter named Executors to pay all of my just debts and funeral exper�ses and all costs of administration including all inheritar�ce, transfer, succession, and estate taxes, both state and federal which may be payable on account of my death, including interest and penalties thereon, from the residue of my estate regardless of whether the assets upon which such taxes or costs are based are included in my probate estate. 2. I give and bequeath to my husband ALBERT C. KUHN, his heirs and assigns, all furniture and household furnishings in the house occupied by my husband and me, together with all of my automobiles held for personal use, but should he fail to survive me, then I give, devise and bequeath the same to my daughter, DORIS MARIE LEREW. 3. I give, devise and bequeath the amount which will exhaust the unified credit for federal estate tax purposes, presently three million five hundred thousand ($3,500,000.00) dollars, as follows: One hundred thousand dollars to each of my three grandchildren, they being JESSICA JOY LEREW and PAUL BENJAMIN LEREW and KENNETH LEE KUHN, JR., their heirs and assigns, provided each of them shall survive me by a period of ninety (90) days, but should any of them fail to so survive me then the share such deceased grandchild of mine would have received shall pass to such of his or her issue, his or her heirs and assigns, as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be included in the amount provided herein for my daughter, DORIS MARIE LEREW, and the balance of said unified credit to my daughter, DORIS MARIE LEREW, her heirs and assigns, provided she shall survive me by a period of ninety (90) days, but should she fail to so survive me then to such of her issue, their heirs and assigns, as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue, the same shall lapse and be disposed of as hereinafter provided in paragraph number four. 4. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to my husband, ALBERT C. KUHN, his heirs and assigns, but should he predecease me, the share that he would otherwise have received shall pass to my daughter, DORIS MARIE LEREW, her heirs and assigns. 5. Any share or portion o# 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-laws. 6. Should any person less than 21 year of age be entitled to distribution from my estate, in such event I nominate, constitute and appoint my hereinafter named Executors as Guardians of the estate of each such person, but should both of them Page 1 of 3 w fail to qualify or cease serving as such, then in such eveni I authorize my said Executors as Guardians of the estate of each such person, or the survivor of them, to select a successor guardian as alternate or successor guardian of the estate of each such person, but such selection shall be subject to approval by the Court having jurisdiction of said Trust with the recommendation that any alternate or successor be a corporate fiduciary willing to accept such appointment at a compensation not to exceed one half (1/2) of one (1) percent annually for all services rendered based on the value of the corpus calculated annually. 7. I hereby nominate, constitute and appoint my daughter, DORIS MARIE LEREW of 656 Latimore Road, York Springs, Pennsylvania, and my attorney, ROBERT G. FREY, and the survivor of them, as Executors of this my Last Will and Testament, and as Trustees of the Residuary Trust hereinabove set forth, but shouid both of them fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint the person nominated by them or by their successor, subject to the approval of the Court having jurisdiction of my estate and trusts created herein, with the suggestion but not the requirement that any successor executor be a natural person and that any successor trustee be a corporate fiduciary, provided that the compensation paid to any successor trustee shall not exceed one half (1/2) of one (1) percent for all services rendered, paid annually for all services rendered based on the value of the corpus calculated annually. This limitation of compensation is intended as a condition of appoin�ment �nd not merely a suggestion. 8. In addition to the powers conferred by law, my hereinbefore named Executors and Trustees and Gu�rdians are empowered: (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 corp�rations; to consent to the leasing, mortgaging or sale of th�; property of any such corporations; to make any surrender, exchange or substituti�n 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, o�� 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 tru�: 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 the 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 apptication of the purchase moneys arising therefrom. (e) To keep on han� and uninvested such money as may be deemed proper and for such period as may be found expedient. Page 2 of 3 , . ". (f) To compromise, settle or arbitrate any claim or demand in favor of or against 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 chargsd 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 rPgister any shares of stock or other assets of any trust in their own names or in the name of a nomir�ee. (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 gcverning Surisdictic�n. (I) To determine from time to time whether all or some portion of realized capital gains shail 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 anc��!ier. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on three (3) pages, this :�� Sr day of January, 2009. �;� r � �� �, �(SEAL) EDITH B. KUHN Signed, sealed, published, and declared by EDITH B. KUHN, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the prEsenca of each other, have hereunto subscribed our names as attesting witnesses. � �Ce, p � �r ��C �1f " �l 3/ � ` � L� il.e Page 3 of 3 OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA �%- /�` 9 9,� Estate of EDITH B. KUHN , Deceased Stephen D. Tiley and , (each)being duly qualified according to law, depose(s) and say(s)that she/he/they was/were well- ac uainted with �ith B. Kuhn q and am/are familiar with the handwriting and signature of the decedent, and that the signature of Edith B. Kuhn to the foregoing instrument purporting to be the Last Will and Testament/Codicil of Edith B. Kuhn is in his/her own proper handwriting. � ,� ' `��'�;�� (Srgnature) (SignatureJ S South Hanover Street (Street Address) (Street Address) Carlisle, PA 17013 (City,State,ZipJ (City,State,Zip) Fxecuted in Register's Office ��-�� :� ,:---A -';� �n Sworn to or affirmed and subscribed c� � J �'�, `;:> ;� , ,.�-�-, - � before e this ��r� da " �`' <� � ` 5�� Y r,� ,� .:, - �� , of c Cj , �/5" . ,---�-.. .. _...� -�! , `3 . :�> �;1 / L �-� ;,' '�.��i � '�.� � .. ...._, .� � � epu for Register of Wills , rn � �`.��� Form RW-04 rev. 10.13.06 OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA �' _ �� . �9� � �� :.., � � �_-� �;� o '�y ca -_- �7 =l� �.:�7 ,-� �I7 �� r''1 _ =,F;7 Estate of Edith B. Kuhn '" T� '' N .��' `�. , D��e;ased __� Cheryl W.,Agar > ' � :'::� , (each)a s�bscribir�g wit��ss to (Print Name/s) ' ��'� _ ,..._ the❑� Will ❑Codicil(s)presented herewith, (each) being duly qualified according t:a=law, dep�(s)`a.�c�; 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. �� (Signature) (Signature) 770 South Hanover Street (Street AddressJ (Street Addressf Carlisle,PA 17013 (Crty,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 J ,��I S'. � '° Cti, r'�.�4 Deputy for Register of Wills Notary Public My Commission Expires: (Signature and Seal ofNotary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) CpMMpNWEALTH OF PENNSYLVANIA NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of inst aziza ion NOTARIAL SEAL TRISHAA.LIESS,Notary Public Form RW-03 rev. 10.13.06 Borough of Carlisle,Cumberland County PA My Commissson Expires May 20,2018