HomeMy WebLinkAbout09-22-05
II
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of GEORGE W. AUX
also known as
Deceased.
Social Security No. 577-52-3897
No. {,~ ,- ()~ . ()~'4i
To: Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner is 18 years of age or older and the Executor named in the last will of the above
decedent, dated July 13, 2004 and codicil(s) dated [none].
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or
principal residence at Thornwald Home, 442 Walnut Bottom Road, Carlisle Borough, Carlisle, PA.
Decedent, then 90 years of age, died September 16, 2005, at Thornwald Home, 442 Walnut
Bottom Road, Carlisle, P A.
Except as follows, decedent did not marry, was not divorced and did not have a child born or
adopted after execution of the will offered for probate; was not the victim of a killing and was mever
adjudicated incompetent:
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
WHEREFO RE, petitioner respectfully requests the probate of the last will and codicil( s) presented
herewith and the gmn! ofletters Testamentary thereon. ~ fb
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.e1eorge . Aux, Jf. .
3 514 Wood Pile Court
Alexandria, VA 22310
(703) 960-3024
$ unestimated
$
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OATH OF PERSONAL REPRESENTATIVE
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF CUMBERLAND )
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The petltIOner above-named swears or affirms that the statements in the foregoing petitiOlunie true
and correct to the best of the knowledge and belief of petitioner and that as personal representative of the
above decedent, petitioner will well and truly administer the state according to law.
Sworn to or affirmed ant subscribed
fore me this f).:J nr day of
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Estate of George W. Aux, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW, \ \.~(' pl (~9.. .::~D05 , in consideration of the petition on the reverse side
hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated July 13,2004, described therein be admitted to probate and
filed of record as the last will of George W. Aux, and Letters Testamentary are hereby granted to George
W. Aux, Jr.
Will Book #
Page
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FEES
Probate, Letters, Etc.
Short Certificate~( )
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TOTAL
Filed q . J;). - t).5'
$~-t I C' I"\.":
$ a.4L~5
$ '5 C.l)
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Ivo V. Otto III, Esquire (27763)
ATTORNEY (Sup, Ct LD, No,)
MARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
(717) 243-3341
F:\FILESIDA T AFILEIEST A TES\6250.1.pelilion.ltr
Thi' is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Lo(',t1 Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
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Fee for this certificate. $6.00
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H105.143 Rev. 2/87
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
TYPElPRINT
IN
PERMANENT
BLACK INK
AS DECEDENT EVER IN
U.S. ARMED FORCES?
v.,Ul NoD
12,
STATE FILE NUMBER
NAME OF DECEDENT (First, Middle, Last)
SEX
SOCIAL SECURITY NUMBER
H (Month, Day, Year)
, /& ~a:/.r
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8b. Cumberland 8cCarlisle
DECEDENT'S USUAL OCCUPATION
(Give kind ofwo", done dUrin~ moat
U_S:w~dOo~~ic~r
118. 11b.
DECEDENT'S MAILING ADDRESS (Street. Cityrrown, State, Zip Code)
2.Male 3577 - 52
BIRTHPLACE (City and F ATH h nl n. s in
State or Foreign Country) HOSPIT-'l.:
Greeley I CO """00' 0
7. 8a.
FACILITY NAME (If not institution. give street and number)
7~t'~tA...)a.{d:: dr~L
~~~Iy) 0
Iiean Indian, Black, White. at .
MARITAL STATUS. Manied.
Never Manied, Widowed,
Divorced (Specify)
14. Widowed
PA
Did
decedent
live in a
township?
17c. 0 Yes, decedent lived in
twp,
11b, County Cumberland
17d. ~ ~~h~~~~7~i~~ of
Carlisle
cltylboro
MOTHER'S NAME (First, Middle, Maiden Sumame)
1.. L. Berniece Sheridan
~~:o~m:'4s W'~ A~n~ (~ohi!'tiTown. ~fe~ab~ha, VA 2 310-3168
PLACE OF DISPOSITION. Name of Cemetery, Crematory
or Other Place
J> -(I
{'o ,,-..-0 ~ J Q h "<V
DUE TO (OR A CONSeQUENCE OF):
, .uch a. cardiac or ,..plntory a".aat, .hock or h..rt fallur.. : Approximate
. interval between
: onset and death
Other significant condition contributing 10 death, bul
nol resulting in the und8f1 ng cause given in PART I.
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d.
DUE TO (OR AS A CONSeQUENCE OF):
')) .
DUE TO (OR AS A CONSeQUENCE OF)'
WERE AUTOPSY FINDINGS MANNER OF DEATH
AVAILABLE PRIOR TO
COMPLETION OF CAUSE Natural
OF DEATH?
\,1
Ve, 0 No i:ii:I Ve, 0
28a. 28b.
CERTIFIER (Check only one)
.l~~FJ.:~IGor~~~~~JFg7:'~C:r., ~~~a:adUuS: t~ ~~:a~:~(:)~~3r~X~~~~.h:.~re~~~~~.~.~~~~..~~~.,:?~~~~.i.I~.~~.~........
NeD
Suicide
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DATE OF INJURY
{Monlh.Oay. Yellr)
TIME OF INJURY
INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED.
Homicide
o
o Ve, 0 No 0
308, 30b. M. 30e.
o PLACE OF INJURY - AI home, farm, street, factory, office
bUIlding. etc. (specify)
308.
30d.
LOCATION (Slreet. Cityrrown, State)
Accident
Pending Investigation
Could not be detennined
2..
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SIGNATURE AND
FIER
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34.
F:IFILESIDA T AFILEIEstate Planningl6250- I h.will.2004
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LAST WILL AND TESTAMENT
I, GEORGE W. AUX, ofthe Borough of Carlisle, Cumberland County, Pennsylvania,
being of sound and disposing mind and memory, do hereby make, publish and declare this
to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils
made by me.
ITEM ONE
I direct that all my legally enforceable debts, funeral expenses, testamentary expenses
and all inheritance taxes shall be paid to the extent possible from those assets held or passing
under ITEM FOUR hereof as soon as practicable after my decease and as part of the
administration of my estate. I further direct that, as I have served in the Armed Forces of the
United States, my Executor shall consult the legal assistance officer at the nearest miBtary
installation to ascertain if there are any benefits to which my dependents are entitled by virtue
of my military affiliation at the time of my death. Regardless of my military status at the time
of my death, I direct my Executor to consult with the nearest Veterans' Administration and
Social Security Administration Office to ascertain if there are any benefits to which: my
dependents may be entitled. Finally, I direct that my Executor contact the Army and:,Air
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Force Mutual Aid Association for further assistance to determine benefits t6ivhich~'rity -
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dependents and/or heirs may be entitled.
ITEM TWO
I give all of my personal and household effects, automobiles, boats and collections, .
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if any, and any insurance policies thereon, to my children who so survive me to be divided
equally among them as they agree. My Executor shall sell any property as to which there is
no such agreement within sixty (60) days after the admission of this Last Will and Testament
to probate and shall add the proceeds to the residue of my estate.
ITEM THREE
I give such items of personalty as are itemized in a certain list attached hereto to the
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Page 1 of 8 Pages
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persons named thereon, which list is signed and dated by me at the end thereof.
ITEM FOUR
I make the following specific bequests:
A. I give, devise and bequeath the sum of $180,000.00 to my son,
GEORGE W. AUX, JR.; and
B. I give, devise and bequeath the sum of $180,000.00 to my daughter,
JUDITH A. CLARKSON, provided however, that such bequest shall be held by my
Trustee in accordance with the terms of ITEM FIVE, A, 1 and 2 hereunder.
ITEM FIVE
A. I give, devise and bequeath all the rest, residue and remainder of my estate,
both real and personal property, in three (3) shares. One such share shall be distributed
absolutely to my son, GEORGE W. AUX, JR. One such share shall be distributed absolutely
to my son, JAMES R. AUX. The third such share shall be held by my Trustees in trust for
my daughter, JUDITH A. CLARKSON, under the following terms and conditions:
1. My Trustees shall pay the net income, at least quarter-annually, to my
said daughter, JUDITH A. CLARKSON, for her life.
2. Upon the death of my said daughter, JUDITH A. CLARKSON,. my
Trustees shall continue to hold the principal of such trust for the benefit of her
children, DAVID C. MANOOGIAN and LAWRENCE CLARKSON, in equal shares.
I direct that each of said grandchildren, DAVID C. MANOOGIAN and LA WRENCE
CLARKSON, shall have the right of withdrawal of his equal share of the principal
and any accumulated income of said trust as each attains the age of thirty (30) years.
B. In the event that any of my said children shall fail to survive me, but
shall leave issue surviving, then such deceased child's share shall be held by my
Trustees and the net income therefrom shall be used for the support, maintenance and
education of the issue of such deceased child. My Trustees shall use as much of the
principal as they shall deem desirable for said purposes. My Trustees shall distribute
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absolutely the principal of such share of such deceased child to the issue of such
deceased child per stirpes as each shall attain the age of thirty (30) years.
C. In the event that any of my children shall fail to survive me and not leave issue
surviving, then such deceased child's share shall be added to the shares of my other children
as if originally a part thereof.
D. Notwithstanding any other provisions to the contrary, in no event shall any
share be distributed to any beneficiary later than twenty (20) years after my death.
ITEM SIX
POWERS OF EXECUTOR AND TRUSTEES
In addition to the powers conferred by case law, by statute, and by other provisions
hereof, my Executor and Trustees 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;
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;
E. To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
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F. To assume continuance of the status of any beneficiary with regard to death,
marriage, 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 trust, or the income therefrom, all debts or claims against my
estate, or any taxes or similar charges on my estate;
H. To make any distribution hereunder either in kind or in money, or partially in
kind and partially in money. Distribution in kind shall be made at the market value of the
property distributed, and my Trustees, in their absolute discretion, may cause the share
distributed to any distributee to be composed of property similar to or different from that
distributed 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;
1. To invest in endowment, insurance or annuity policies on the lives of
beneficiaries of any trust hereunder;
K. To continue in anypartnership,joint venture,joint ownership or other business
enterprise of which I am a part at the time of my death;
L. To compromise claims;
M. To continue for whatever period of time as they shall deem necessary any
ownership as a tenant in common or as a partner, in real estate or other property and to act
as I could have done had I been living;
N. To lend money to my estate or to any trust created hereunder or to purchase
from the estate or from any trust created hereunder, at the market value thereof at the time
of purchase, any securities or other property tendered to them by my estate or any trust
created hereunder at any time and from time to time within a period of nine (9) months after
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Page 4 of 8 Pages
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my death;
O. In the event that any amounts are payable hereunder or under any trust created
hereunder to a minor, or to a person otherwise under legal disability, or to a person not
adjudicated incompetent, but who, by reason of illness or mental or physical disability is, in
the opinion of fiduciary(ies) hereunder, unable to properly administer such amounts, such
amounts may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any
of the following ways as he, she or they may deem best:
(1) Directly to such beneficiary;
(2) To a legally appointed guardian of such beneficiary for the benefit of
such beneficiary;
(3) To a person having custody of such beneficiary for the benefit of such
beneficiary;
(4) By the fiduciary(ies) hereunder using such amounts directly to the
benefit of such beneficiary.
P. To employ agents, attorneys and proxies and to delegate to them such power
as my personal representatives and Trustees consider desirable and to pay reasonable
compensation for such services as may be rendered by such agents, attorneys and proxies;
Q. To conduct an inventory of any safe deposit box necessary to the administration
of my estate.
R. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
ITEM SEVEN
PROTECTIVE PROVISIONS
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 Trustees, be liable for
or subject to the debts, contracts, obligations, liabilities or torts of any beneficiary, or to
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Page 5 of 8 Pages
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attachments, executions or sequestrations under process of law.
ITEM EIGHT
APPOINTMENT OF EXECUTOR AND TRUSTEES
I nominate, constitute and appoint my son, GEORGE W. AUX, JR., as Executor of
my estate. In the event that my said son shall predecease me or fail to act or continue to act
as Executor, then I appoint my son, JAMES R. AUX, as Executor of my estate.
I hereby appoint my son, GEORGE W. AUX, JR., and MANUFACTURERS AND
TRADERS TRUST COMPANY, a New York banking corporation, of Carlisle,
Pennsylvania, as co- Trustees of any trust created hereunder. In the event that my son,
GEORGE W. AUX, JR., shall fail or be unwilling to act or continue to act as co-Trustee,
then I appoint my son, JAMES R. AUX, to act as co-Trustee of any trust created hereunder.
A maj ority of all income beneficiaries of the trust or trusts created under this Will may
from time to time remove any corporate trustee then acting for reasonable cause and
substitute another corporate trustee; provided, however, that such successor corporate trustee
shall not be a related or subordinate to anyone or more of the beneficiaries hereunder within
the meaning ofIntemal Revenue Code S672( c) or successor provisions. When the removed
corporate trustee has received written notice of its removal and has been notified in writing
by its successor corporate trustee of the latter's acceptance, the removed corporate trustee
shall surrender all books, records, and assets in its possession comprising any portion of the
trust or relating to the trust. In no event shall the removed corporate trustee charge a
"termination fee" based on a percentage of trust assets as a result of such removal but shall
be entitled only to charge such fee as fairly represents the cost of any accounting required by
the beneficiaries or successor corporate trustee as part of such removal and substitution. The
removed corporate trustee shall not be relieved of liability until its successor has qualified
and the removed trustee's accounting, if applicable, has been settled or the beneficiaries and
successor corporate trustee have otherwise accepted an account stated in lieu of a formal
accounting. As used in this paragraph, the term "reasonable cause" includes, but is not
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limited to: (1) poor investment performance, (2) the removal of all current income
beneficiaries from the state in which the corporate trustee is licensed to conduct business as
a corporate trustee, (3) inattention to the reasonable needs of the beneficiaries, (4) lack of
communication between trustee and beneficiaries, (5) inaccurate or unclear transaction
statements or statements of account, (6) conflicts between the corporate trustee and the
beneficiaries, (7) merger, acquisition or deteriorating financial condition of the corporate
trustee, or (8) high turnover of account officers assigned to any trust under this Will.
ITEM NINE
WAIVER OF BOND
I direct that neither my Executor nor my Trustees 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 IJ~ day of
~ ,2004.
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George W. Aux
(SEAL)
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 ofthe said Testator and
of each other.
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Page 7 of 8 Pages
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COMMONWEAL TH OF PENNSYL VANIA )
: SS.
COUNTY OF CUMBERLAND )
We,GeorgeW.Aux,JiU~/j,.," A .o~d-- ,and V,ifnf"/e.. 1... Dtfo
the Testator and the witnesses, respectively, whose names are signed to the foregoing
instrument, being first duly sworn, do hereby declare to the undersigned authority that the
Testator signed and executed the instrument as his last Will and that the Testator has signed
willingly, and that the Testator executed it as his free and voluntary act for the purposes
therein expressed, and that each of the witnesses, in the presence and hearing of the Testator,
signed the Will as a witness and that to the best ofhis/her knowledge the Testator was aHhat
time eighteen years of age or older, of sound mind and under no constraint or undue
influence.
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George W. Aux, Testator
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Witness
Subscribed, sworn to and acknowledged before me by George W. Aux, the Testator,
and subscribed and sworn to before me by I~l' 0-1 J;''t!.. A. b t:.e..Lz..r and
V . 3~
I e.-fvrl~" ~. () -He) , the witnesses, this I day of ~(f
2.DD~ .
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NOTARIAL SEAL
CORRINE L. MYERS, NOTARY PUBLIC
CARLISLE BORa, COUNTY OF CUMBERLAND
MY COMMISSION EXPIRES MAY 27, 2007
Page 8 of 8 Pages