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HomeMy WebLinkAbout04-11-85 (2) 'T . ..' IN RE: ESTATE OF PAUL W. SNYDER AND NOW, this tl J.,. . . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. ORPHAN'S COURT DIVISION NO. 21-78-333 ORDER day of 1985, upon , consideration of the annexed upon motion of MARTS ON , DEARDORFF, WILLIAMS & OTTO, attorneys for Petitioner, it is hereby Ordered and Decreed that Donna M. Howell is appointed Administratrix de bonis non cum testamento annexo of the Estate of Paul W. Snyder. BY THE COURT, J. 1~... . o:;o.() 30[m 1-~ fh~i JaU LAW OFFICES - MARTSON. DEARDORFF. WILLIAMS . ~TO .' " " IN RE: ESTATE OF PAUL W. SNYDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. ORPHAN'S COURT DIVISION NO. 21-78-333 PETITION FOR APPOINTMENT OF ADMINISTRATRIX DE BONIS NON CUM TESTAMENTO ANNEX AND NOW comes your Petitioner, Donna M. Howell, by her attorneys, MART SON , DEARDORFF, WILLIAMS & OTTO, and petition your Honorable Court as follows: 1. Your Petitioner is Donna M. Howell, an adult individual residing at 608 Sherwood Drive, Carlisle, Cumberland County, Pennsylvania. 2. Paul W. Snyder died on June 24, 1978 after having made his Last Will and Testament, which Will was duly probated in the Office of the Register of Wills of Cumberland County. A true and correct copy of said Will is attached hereto as Exhibit "A". 3. Item Nine of the Will aforesaid provided for the appointment of the surviving spouse of the said Paul W. Snyder, Mar ie M. Snyder as Executr ix and further provides for the appointment of Donna M. Howell, Petitioner herein, as alternative Executrix. 4. Letters Testamentary were granted unto the said Marie M. Snyder in the Estate of Paul W. Snyder on June 28, 1978 by the Register of Wills of Cumberland County, a copy of which Letters Testamentary are attached hereto as Exhibit "B". 5. The said Marie M. Snyder died on April 5, 1985. 6. The administration of the Estate of Paul W. Snyder is not yet complete. . \ ,", 588 ~,~Gt: l~~ ;'~~t . LAW OFFICES - MART80N. DEARDORFF. WILLIAMS &: OTTO , ' .' " WHEREFORE, your Petitioner prays your Honorable Court to appoint your petitioner Donna M. Howell, Administratrix de bonis non cum testamento annexo of the Estate of Paul W. Snyder. MAR~'LL': By: Ivo V. Otto III Attorneys for Petitioner & OTTO COMMONWEALTH OF PENNSYLVANIA) SSe COUNTY OF CUMBERLAND DONNA M. HOWELL, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. ~~.>a~/. Donna M. Howell Sworn to and subscribed before me this q+h day of April, 1985. \- ~ G L PR1 ~'..... ~ r "N.otQ,ry Public '\', L. E:~"". \"" 'AL: v ,.' n "', '.IWlIl:~IAM L. EARP. NOTARY PUBLIC :::::,' \)\.~ "',/, (.cA.RP$t~ BOllO. CUMBERWlD COUNTY :'.;;: : t f" , " ~ CcltflllSSlOl1 EXPiRES SEPT, 26. 1988 ~ : Co ('\ or "~l1l\l!r;"~~Itn$Ylvania AssociatioR of flota!j~s ::.: .;-'(,'= ~.. ...::- ... ;; -:. ,to \,-. ,': ';., "'.' 1,;" C ol\; <<,:' , ,..( 'I" \ \" ' '~.. ' , t", ..,' "1, f...,. r~ '.' . .....-..... ll"~'l';'~~~\\\\~ ", ,'J ,4 ':) ',.. 589 l}C:K ..L.LN j ""t ' LAW OFFICES - MAR'l'SON. DEARDORFF. WILLIAMS,. OTTO '. .. .' ur.w O,.,.ICE. IIo.UAM ,.. ....T.OH. ,..c. " LAST WILL AND TESTAMENT I, PAUL W. SNYDER, of the Borough of Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills or Codicils by me at any time made. ITEl-1 ONE PAYMENT OF TAXES I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by my Executrix out of the property passing into ITEM FIVE, the Residuary Trust, of this Will, as an expense and cost of administration of my estate, My Executrix shall have no duty or obligation to obtain reimbursement for any such tax paid by her, even though on proceeds of insurance or other property not passing under this Will, In the absolute discre- tion of my Executrix, she may pay such taxes immediately or she may postpone the payment of taxes on future or remainder interests until the time possession thereof accrues to the beneficiaries. ITEM TIm DISTRIBUTION OF PERSONAL EFFECTS If I predecease my wife, MARIE M. SnYDER, I give and bequeath to her, absolutely, all of my household furniture and furnishings, books, pictures. jewelry, silverware. auto- mobiles, wearing apparel and all other articles of household or personal use or adornment, If I do not predecease my wife, I make said bequest to my daughter, DO~NA M. HOWELL, if she is living at the time of my death, g~ ..1 :I=;~ aul W. Snyder -1- EXHIBIT IIA" '. LAW O....~J:. 'o'11..LIAM F. M""l'nON, ".c. . , ". ", ITEM THREE DISTRIBUTION OF ESTATE I give, devise and bequeath unto my TRUSTEE, my entire estate-hereafter called the Trust Estate as follows: If I predecease my wife, MARIE M. SNYDER, the Trust Estate shall be divided into two (2) separate trusts to be designated as the "Marital Trust" and the "Residuary Trust". The Trustee shall transfer to the Marital Trust assets of the Trust Estate selected by it having a value which. when added to the value of all interests in property passing to my wife, MARIE M, SNYDER, either by my Will or apart from my Will, in a manner qualified for the marital deduction under the provisions of the United States Internal Revenue Code in effect at the time of my death. will equal the lesser of: (1) the maximum marital deduction allowable to my estate under the provisions of the said Code; or (2) the mintmum amount (if any, and if there is no such minimum amount. then (1) shall be deemed the lesser of (1) and (2)) which, after taking into account all credits and deductions (except the marital deduction) available to my estate under the provisions of the said Code, will result in no federal estate tax due from my estate. The Trustee shall satisfy the foregoing division by transferring to the Marital Trust only cash or other assets which are capable of qualifying for said marital deduction, The Trustee shall determine all values of assets for the purposes of this Section in accordance with the federal estate tax values finally determined in my estate except that assets transferred to the Marital Trust in satis- faction of the amount called for shall be valued at the date of transfer to the Marital Trust. In no event shall the assets transferred to the Marital Trust be liable for the payment of P a--L, w ~ cbA-.- Paul W. Snyder -2- '. . '. inheritance, e.tate or other limilar taxe. of the United State. of America, or of any .tate or territory thereof, or of any foreign country or territor!, imposed against my estate, or the recipients thereof, whether palsing by my Will or otherwise. The Residuary Trust shall be comprised of the remaining assets of the Trust Estate, or the entire Trust Estate, if my wife does not survive me, ITEM FOUR MARITAL TRUST The Trustee shall pay the net income from the Marital Trust to my wife, MARIE M. SNYDER, at least quarter-annually, or upon request, monthly, and shall pay to my wife, MARIE M. SNYDER, such sums from the principal of the Marital Trust as will permit her to maintain a standard of living comparable to that enjoyed by her during my lifetime, including medical care. Upon the death of my wife, MARIE M, S?ITDER, the Trustee shall pay the principal to such person or persons, including her estate, in such proportions, in such manner and for such estates as she shall appoint by her Last Will and Testament. In default of such appointment, either in whole or in part, the Trustee shall payout of the unappointed principal of the Marital Trust any increase in the federal estate tax on the estate of my wife, MARIE M. SI<YDER, resulting from her posses- sion of the power of appointment over the principal of the Marital Trust and shall add the balance of the Marital Trust to the Residuary Trust. ITEM FIVE RESIDUARY TRUST My Trustee shall set aside all other assets payable at my death, or at any other time, as the Residuary Trust, and ".0"'''''' my Trustee shall hold said assets for the following purposes: 'IIo.UAM". M....,..ON. p.c;:. PE.'\z~{;.y:fer d7~ -3- " '. .' ", " (a) To pay tb. net income, at l..at quarter-annually. to my wife. MARIE M. SlfYDER, for ber life, In addition, tbe Trustee, in its aole discretion, may at any time after tbe principal of tbe Marital Trust bas been exhausted, invade tbe principal of tbe Residuary Trust to provide for tbe proper and adequate aupport of my wife. (b) Upon tbe death of my wife, MARIE M. S!~DER, my Trustee ahall distribute the principal of the Residuary Trust to my daughter, DONNA M, HOWELL, absolutely, (c) In the event that my daughter, DONl~ M. HOWELL, sball fail to survive my wife, then the principal of the Residuary Trust shall be held by my Trustee and the net income therefrom shall be used for the support. maintenance and education of my grandsons, JAMES p, HOWELL. MARK E. HOWELL and RICHARD K. HOWELL. My Trustee shall use as much of the principal as it shall deem desirable for said purposes. My Trustee shall distribute absolutely the principal of the Residuary Trust in equal shares to my grandsons, JAMES P. HOWELL, MARK E. HOWELL and RICHARD K, HffiVELL, My Trustee shall use as much of the principal as it shall deem desirable for said purposes. My Trustee shall distribute absolutely the principal of the Residuary Trust in equal shares to my grandsons, JAMES P. HOWELL, MARK E, HOWELL and RICHARD K. HOWELL upon the youngest grandson attaining the age of thirty-five (35) years. (d) In the event that any said grandson shall die before final distribution. then his share shall be held for the benefit of his issue and shall be distributed equally to his issue upon the youngest attaining the age of thirty-five (35) years, but in no event shall said share be distributed to said issue later than twenty (20) years after the death of LAW eFnCI:5 WIUMIII F. MARTSON, P.c. I()~[ .....' Paul W. Snyder ...6>',,~ ""'?<,..,_ / -4- , . ur.w Of'l'tCE:. 4111.l.JAM Y. M...T.ON. P.e. . '. -, ", 'IIrY vife, HARlE M. SNYDER. In the event that any said srandson ahall die before final distribution vithout issue, then his share shall be added equally to the shares of the other grand- sons as if originally a part thereof. ITEM SIX POWERS OF EXECUTRIX AND TRUSTEE In addition to the powers conferred by case law, by statute, and by other provisions hereof, my Executrix and my Trustee, and their successors, shall have the following discretionary powers applicable to all property held by them which powers shall be effective without Order of any court and shall exist until final distribution. (a) To retain any property of any nature received by them for whatever period they shall deem advisable; (b) To invest and reinvest all or any part of said property in such stocks, bonds, securities or other property, real or personal, as in their discretion they shall deem proper, without regard to statutes limiting the property which a fiduciary may purchase, provided, however, that no investment shall be made in the securities issued by regulated investment companies or mutual funds; (c) To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of any trust herein, without liability on the purchasers or lessees to see to the application of the proceeds, and to give options for these purchases without the obligation to repudiate them in favor of a higher offer; (d) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to carry out the provisions of any trust hereunder; p~;w Paul W. Snyder .x.7"L." -5- , . .' 01, UWD",.ICI:. 'IL,UAM ,.. MART.ON. P.C. '. (a) To borrow money, including the right to borrow money from any bank and to mortgage or pledge any a.set of the estate as security; (f) To assume continuance of the status of any beneficiary with regard to death, uarriage, divorce, illness, incapacity and the like in the absence of information deemed reliable without liability for disbursements made on such assumption; (g) To pay from the Residuary Trust, or the income there- from, all debts or claims against my estate, or any taxes or similar charges on my estate; (h) To uake any distribution hereunder either in kind or in money, or partially in kind and partially in money, Distribution in kind shall be uade at the market value of the property distributed, and my Trustee, in its absolute discretio~ uay cause the share distributed to any distributee to be composed of property similar to or different from that distri- buted to any other distributee; (i) To exercise any subscription right in connection with any security held hereunder, to consent to or participate in any recapitalization, reorganization, consolidation or merger of any corporation, company or association, the securities of which may be held hereunder, to delegate authority with respect thereto, to deposit investments under agreements, to pay assessments, and generally to exercise all rights of investors; (j) To invest in endowment, insurance or annuity policies on the lives of beneficiaries of any trust hereunder; (k) To continue in any partnership, joint venture, joint ownership or other business enterprise of which I am a part at the time of my death; (1) To compromise claims; P ~r:' /) --1"7 r-l-' 'Z- Paul W, Snyder -6- , . , ~ . '. (m) To continue for whatever period of time .. they .hall deem neceslary any owner.hip al a tenant in common or as . partner, in real estate or 'other property and to act as I could have done hsd I been living; (n) To do all other acts in their judgment necessary or desirable for the proper management, investment and distribution of my Estate. ITEM SEVEN PROTECTIVE PROVISION All income or principal held for the use and benefit of the beneficiaries of any trust hereunder shall not be in any way or manner subject to anticipation, assignment, pledge, sale or transfer, nor shall any such interest, while in the possession of my Trustee, be liable for or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to attachments, executions or sequestrations under process of law, If any beneficiary of either Trust shall, in the sole opinion of my Trustee, be or become mentally or physically incapacitated, by reason of illness, accident, minority or otherwise, my Trustee may apply either income or principal for the support and welfare of such beneficiary directly or to the person who has the care and control of such beneficiary, without the intervention of any guardian and without obligation to supervise application of said amounts in any way, ITEM EIGHT COMMON DISASTER PRESUMPTION If any beneficiary (except my wife, MARIE M. SNYDER) and I shall die under circumstances that it cannot be determined who survived the other, it shall be conclusively presumed that I survived. However, if my wife, MARIE M. SNYDER, and I shall LAW OPYaeE. '.......... ........, p.c. die under such circumstances that it cannot be determined who ~f.J ~~ Pau , Snyder -7- , , . . .. ;, " lurvived tbe otber, it Iball be conclulively prelumed tbat my wife, MARIE H. SNYDER, lurvived me, ITEM NINE APPOINtl~NT OF EXECUTRIX AND TRUSTEE I bereby appoint my wife, MARIE H, SNYDER, as Executrix of my estate. In tbe event tbat my said wife sball predecease me or fail to act as Executrix, then I appoint my daughter, DONNA M, HOWELL, as Executrix of my estate. I bereby appoint DONNA H. HOWELL as Trustee of any trust created bereunder. In tbe event that DONNA H. HOWELL sball fail to act as Trustee, then I appoint DAUPHIN DEPOSIT BANK AND TRUST COMPAliY as Trustee of any trust created bereunder. ITEM TEN WAIVER OF BOND 1 direct tbat neither my Executrix nor my Trustee shall be required to file any bond in any jurisdiction to secure the faithful performance of their duties, nor shall they be required to obtain any Order or approval of any court for the exercise of any power or discretion set forth in this Will. IN WITNESS WHEREOF I have hereunto set my hand and seal this 8th day of June , 1978, p o-....L 4/ 4 c t:.rz-(SEAL) Paul W. Snyder 7 SIGNED, SEALED,PUBLISHED and DECLARED by the above-named Testator, as and for his Last Will and Testament in the presence of us, who at his request have hereunto'subscribed our names as witnesses thereto, in the presence of said Testato: and of each other. Jnj~1f(/r~ ~.r~ uw orrlCl:. VIUJAW ,.. ........so... r.c. -8- , , \. . " . COHHDlmALTH OF PENNSYLVANIA ) 5S COUNTY OF CUMBERLAND . . . . ) I, PAUL W. SNYDER Tntator , whola - 18 ligned to the attached or fOrlfo1n& inltnaent, havill& been duly qualified according to aw, do hereby ackDovleag. that l'l1gned and executed the instrument .1 ., Lalt Will; that 1 ligned it willins1y; and that 1 dgned it al my free and voluntary act for the purpoles tberein axprelled. Sworn or affirmed to Paul W. Snyder of June , 1978. Pau./ ....; A ~ and acknowledged befoZ _ by , the Teltator , tbb 8th day COMMONWEALTH OF PENNSYLVA...'UA comITY OF CUliSERLAND ~s*~~-' llotary u c MAAY UA SHENK, ..-. - ) .fo"'-Io Cumboo'Iancl Co. ,... S'M, eo:..- .... ..... _, 1912 ) We, William F. Martson and Corrine L, Myers the witnesses Whose names are ligned to the attached or foregoing instrument, being duly qualified according to law, do depole and lay that we were present and law Paul W. Snyder , Testator . lign and execute tbe instrument as his Last Will: that Paul W. Snyder signed willingly and that Paul W, Snyder executed it as his free and voluntary act for the purposes therein exprelsed; that each of us in the hearing and sight of Paul W, Snyder . Testator . signed the Will as witnesses; and that to the best of OUT knowledge the Testator was at that time 18 or more yeara ,~~ of sound mind and under no constraint o:.m;,:e~o:1;;- Address 10 East HiRh Street Carlisle. PA 17013 (I/JJr ,,.,,..;.., J ;;e '77'4fn..JJ Address R, D. 9 Carl1s1e, PA 17013 Sworn or affirmed to and subscribed before me, by William F. Martson and Corrine L, Myers 8th day of June . 1978. this LAW OI'P1GIt. flLLlAN ,.. M""TaON, P.e. ~;)~~ ~~ MARY UA S>iENI(. Nolo". ....... CurJislt. CumberJond Co... 'A My c:.om..a..lon bpi.. ..... _, 1912 .' .' . . . .. LETTERS TESTAMENTARY COMMONWEALTH OF PENNSYLVANIA) u: COUNTY OF CUMBERLAND ~ . ,,\ II II ,o"", , ,\ ,,'" ~ ./"(' ,..,~i<'~ (, /":0' : "',( >' " . .," ,,-) \\'1 1\ \.:.. ,II I ,.' "\ \ , '~,II"t<J\(, '~\ "", '" ,'I ('- I) , ' \ " II ,,' ( I\, (' I, \.-1'\" ~\ <, ,'1 '~I ',(I', '" //51,'< '/" , "'" ,,1:"\'\'" . I r~i\ii"t')" BY THE TENOR OF THESE PRESENTS J. _,..,.......,..,_.....~,~~~,!:.~~,~!:!!!!.~..,....................... Baq" Rer....r for the Probat. 01 WUII and Onntinr Letters 01 Administration In and for the Cou"t, 01 Cumbcrlaml. I" the Common_lth 01 PenDI,IYanIa, <10 make Imowo unto all men that on the .,..,....................g.~~!.L....,........ da, 01 .................,....~......_........................ Ig..l~. at CarlWe. bolor. m. wa. proved, appeared and Inainuatell. THE LAST WILL AND TESTAMENT OF ,,~~l.'l', ~',<. .~~~.... .r,.~r~. Pf...,....,.. ,."......""....,..,."..,.....,...,. . ,~~O~l~!I. ,~J:'. y~~,I.~~~,.. ~,~~F;~~~)lP. .c:q~1'X'.... .~~l~tl~Y.~~~~f!I..,. DECEASED, (a true copy whereof is to these presents annexed), having whilst, , ~. , , lived at the time of .Ip.:!l death divers goods and chattels. rights and credits within the Commonwealth, by reason whereof the approbation and insinuation of the said Last Will and Testament, and the committing the Administration of all and singular, the goods and chattels, rights and credits. which were of the said deceased, also the Auditing the Accounts, and Calcu- lation and Reckoning of the said Administration to me are manifestly known to belong. And that Administration of all and singular, the goods and chattels, rights and credits of the said deceased, and way concerning. !If.S, . Last Will and Testament, was committed to , ..~A~I~. ~l,', ,:!;l~~:ll, .. . ' .. .. .. .. .. .. .. . ' . , , ' , , , .. . .. in the said T~stament named , , .~9Wfl.I.>; , , , , . . . . . , . . . . . . , . . . . , , , . . , , . , ' , , , ' . . . having first been duly qualified well and tl'lllr to administer the goods and chattels. right and credits of the deceased, and make a true and perfect InventolJ' thereof. and exhibit the same into the Register's office. ill th~ borough of Carlisle, within thirt~. days from this date, and also file a jul.'t and true account, calculation and reckoning of , , ,!lI';Jj . , , , , , , " administration when la\\'full~' required. and diligently and faithfull~' to regard. IInd well and truh' comply with the pro- visions of the law relating to Collateral and Direct Inhl'ritances. Decedent died on the . , . ,?4T!I, . ' , da~' of . . . , , , .~. . . ' . . . , ., 19 7!l. , ., according to affidavit properl~' filed. In Testimony Whereof, I have hereunto set m~' hand and caused the seal of said office to be hereunto affixed, dated at Carlisle aforesaid, the .,."".",. ?~,,":~ . , . . . . . . , . . . . . . . da~' of ".....,..' , ~ .. .. .. , .. . .. .. .. , . .., in he H~f oUrIt~d ~e Thousand Nine Hundred and . ~~Y.F?~~:-~~,~~~ ..' , ' '..........,.l~C,~'..'mm.... Richard E, Anderson. Register pel' ,....,.".".......,.... . Deput). Register EXHIBIT "B"