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HomeMy WebLinkAbout10-28-2005 PETITION FOR PROBATE and GRANT OF LETTERS ;}I-05-QS'Lj I &w~~ Dorothy M. Hutton also known asDorothy Martsolf Hutton No. To: Register of ~ills bor t~e d County of urn er an in the Commonwealth of Pennsylvania Deceased. Social Security No. 1 1 1- 1 tl- ~ 1 tll The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut ~rl in the last will of the above decedent, dated January ~ and codicil(s) dated n~I1]ed ,19_ (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland Ceuntv,.Pennsylvania, with h er last fa{IljLv or princiPal resLde,nce at I Longsdorf way, arll.sJ.e,.I:'A South Ml.ooleton TOWnshl.p (list street, number and muncipality) Decendent, then 88 years of age, died September 1 7 ~ 2005 at Cumberland Crossinq, Carlisle, Cumberland County, PA : 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 never adjudicated incompetent: Decendent 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: $ 754,000.00 $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary (testamentary; administration c.La.; administration d.b.n.c.La.) theron. '" ~ " u '" " ~-;;- "'~ " .. 0::" '" -00 =.;:: C'l:S''::: ~" ~Il. "..... ~ 0 ;;; '" bO Vi 'J(dJ 1} I~ OATH OF' PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland }ss The petitioner(s) above-named swear(s) or affirm(s) that 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 represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law, '1\4~r ff. . f:16~ , ~ OQ' :::s I:l ..... ;:: ... ~ ~ Robert D. Hutton .} 1'..) No. ,J J - 0 5--() q )Lf Estate of Dorothy M. Hutton , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ()(~.J--tu ,51 g '=~___h_.._-:X{15 . in consideration (',e: :}('t:ticw on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated January 21, 1 997 described therein be admitted to probate and filed of record as the last will of Dorothy M. Hutton also known as Dorothy Martsolf Hutton and Letters Testamentary are hereby granted to Robert D. Hutton FEES P b L E q, 5b 0 ro ate, etters, tco ......... '" Short Certificates(J) . . . 0 0 , . . .. $ lJ- Renunciation ~{)ul..... 0 . . 0 .. $ /6 '..JCPf trV!V $ j!j TOTAL $ (tJ () 1- Filed Oc.f~ 1.51 fer; . (J t~Oo5": . 0 . 0 0 0 0 ADDRESS lt/-d-<i~--/YS) PHONE r..J 'I' . .. h h' t' . h .. I' j j' .. I '~j' /-Or5d--O, 951-Yj..! d . h 1 11\ IS to certIfy t at t e m ormatIon ere given IS correct y copier rom an ongma certl kae (I eat \ ell! i Ie Wit me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for pcrlllan\~tll filing. Fee for this certificate. Si6.nO WARNING: It is illegal to duplicate this copy by photostat or photograph..,~i. ~~ \....,I,(~(1irorpl~---_~_ \I~~'''-~ " _~ V..t,- /l~~-..~\ !::ii/ -~ \,~~ ~B\ ,fl~: ,~i:~ ~*\(: " -~,' ..-~,'*f ~ a\ - ~>~-- /~l ~~~ /~\II . ~-!?lMfN1\\{~\~'\\\\ ........"....,,""UIIlIlJ1JI1" q- ~- D? Date i' D "1 Q, c.: (' /i 6.:,' . . r- l~vy~j~" e::. No. H105 143 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH r'...) 'RlNT I .NENT (INK STATE FIlE NUMBER NAME OF DECEDENT (F.... -. La,,) .. Doroth Martsolf Hutton AGE (Last _.y) sex 2. Female SOCIAL SECURITY NUMBER J.177 18 Vr>. BIRTHPlACE (c.... .nd State at F~ Country) HOSPITAl: ,. St. Louis ~;:-O _0 FACILITY NAME (W not iNliM.... g;.. sir'" oM numbor) In ,,) / . (VI $. 88 COUNTY OF DEATH DOAO - 0 :::..v, 0 RACE.__. __. (SpoQIy) '0. \v'hi. te SI.IRVMNG SPOUSE (I.... pe"..........) MARITALSTATUS._. --.-. lliYorcod (SpoQIy) ... Married Old d_ hein. "b. CounlyCunberland ............, l1d.O ::'=-::::01 MOTHER'S NAME (F.... _. _ s..m.....) ... Grace A. Russell INF~ MAILING ADDRESS (snor... CllylTown. s..... Zip~) 2Gb. 41 Bullock Cr.. Carlisle PA 17013-7616 PLACE OF DISPOSlTION- Nome 01 Cemo....... C<emoIooy LOCATION - CIIyIT""", 510... Zip ~ or Oth. ~ 2'e. E. . Cern. Cremato \lop. d1y-". 't'~ V.. 0 MANNER OF DEATH [9'" -- 0 o - No~ Suicide - P....g In....adgadon Could not be de_ DATE OF INJURY (WarMh. 0.,. V..-) o o ~ONoO _ JOb. M. 3Oc. o PLACE OF INJURV . AI hot... form. sir.... f""""Y. __ ~. Me. (s,.cay) JOe. TIME OF INJURV INJURV AT WORK1 DESCRIBE HOW INJURY OCCURRED. Do. 21b. CERTIFIER (ChedI. only one) 'l:"~f.r~~~-=~3:"''':==~'':~~.?~m...~.~.~.~~'.................. J'b. 'PRONOUNCING ....0 CERTIFYlNG PHYSICIAN (""_ _ proI1ClIlfldng _ ond cortilying 10 cou.. 01 duth) L1CEN T.tho....'oImy.............._.............tll........_._......._due.........._(.)...d_...............................O J'e. ) ott> ) J'd. I 'f NAME AND ADDRESS OF PER59I' WHO COMPLETED CAUSE ."EDICA1.~ERlCDAOHER ('lom21)1ypeorP'" J //,,~ __ do On the bale 01 eumlnetlCN'i MCIkw 6nveeUptlon. In my op&nlon. dMItl Gee",," .& the time. claW. and pIKt!, and ... to UM cau..-{a>> .nd 1/)0. S../I I C;; // J".-" ............................................................. ......................... .................................................................0 J2. .v t:. W II It.. t..-tL.. #11 REGlSTIIAIn SIGNATURE AND NUMBER DATE FILED (Month. Coy. V_J 21. /)1.. I c: Iwp51 Iwillslhutton.rbt 1Ea5t lIill aub Wtstattttut, . '. ') OF DOROTHY M. HUTTON f'-.;J I, DOROTHY M. HUTTON, of 41 Bullock Circle, Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all former Wills, Codicils, or writings in the nature thereof, by me at any time heretofore made. FIRST: I hereby order and direct my Executor, hereinafter named, to pay all my just debts, funeral expenses, testamentary expenses and all Inheritance, Estate, Transfer and Succession Taxes, as soon as may be conveniently done after my death, out of my residuary estate. SECOND: I hereby give to my husband, ROBERT D. HUTTON, all of my personal effects, clothing, furniture, furnishings, jewelry, automobiles, and any other tangible personal property of every kind and any insurance thereon, provided he survives me for a period of thirty (30) days. If he shall not so survive me, then I give the same in equal shares to such of my children as survive me, to be divided among them as they may agree, or if they are unable to agree, as my Executor may decide. Any items of value not so disposed of shall be sold by my Executor and the proceeds added to my Residuary Trust. 1 lo. c:\wp51 \wills\hutton.rbt THIRD: In the event that my husband, ROBERT D. HUTTON, survives me, I give to the DAUPHIN DEPOSIT BANK AND TRUST COMPANY, of Carlisle, Pennsylvania, or its successors, IN TRUST, for the benefit of my husband, to hold in trust (hereinafter referred to as Marital Deduction Trust), assets equal in value to an amount which, when added to the final estate tax value of all of the property included in any gross estate which passes to my husband, and which qualifies for the federal estate tax marital deduction, will entitle my estate to the minimum federal estate tax marital deduction, allowable in determining the federal estate tax payable by reason of my death, necessary to reduce my taxable estate to an amount on which no federal estate tax is due and the federal unified credit available to my estate is fully utilized; provided that the allocation to the marital trust shall be satisfied only from assets qualifying for the marital deduction. My trustee shall invest and manage the marital deduction trust in a manner which will not disqualify the marital deduction, and will make distributions as follows: A. During my husband's lifetime: (i) The entire net income shall be paid to him at least monthly: (ii) As much of the principal as my trustee may from time to time think desirable for his welfare, comfort or support shall be paid to him; and (iii) He shall have the unrestricted right to withdraw any part or all of the principal at any time. S. On my husband's death, any then remaining principal shall be paid to such one or more persons or organizations, including his estate, on such terms as he may appoint by a will specifically referring to this power of appointment. 2 c:lwp51Iwillslhutton.rbt c. If my husband does not exhaust his power of appointment under the preceding paragraph, on his death: (i) Any increase in death taxes or administration expenses in his estate caused by inclusion of this trust in it for tax purposes shall be paid out of the unappointed principal, and a written statement by his executor or administrator of the amounts payable may be accepted as correct; and (ii) The balance of the unappointed principal shall be added to and thereafter treated as a part of the principal of the Residuary Trust, as identified below. FOURTH: After my death, my Trustee, DAUPHIN DEPOSIT BANK AND TRUST COMPANY, shall invest and manage all the property not allocated to the Marital Deduction Trust as a separate trust, referred to as the Residuary Trust, and make distributions as follows: A. If my husband, ROBERT D. HUTTON, survives me, during his lifetime: (i) The net income shall be paid to him in monthly or other convenient installments; (ii) as much of the principal as my trustee may from time to time think desirable, taking into account funds available from other sources, for the health, support, maintenance or education of my husband or any of my children either shall be paid to that person or shall be applied directly for those purposes. However, none of the principal of this trust shall be paid or applied for the benefit of my husband unless the principal of the marital deduction trust has been exhausted; and (iii) After the Marital Deduction Trust has been exhausted (or after my death if no Marital Deduction Trust will 3 c:lwp51Iwillslhutton.rbt be established), my husband shall have the right in each calendar year to withdraw from the principal up to $5,000 at any time and, in addition, if he is living on December 31 of any year, to withdraw up to 5% of the fair market value of the principal determined on December 31 of that year (the amount subject to withdrawal as of December 31 to be reduced by any prior withdrawals during that year, any rights of withdrawals for a particular year to lapse if not exercised during that year). B. Upon my husband's death, if he survives me, or mine if I survive him, my Trustee shall distribute the entire remaining principal of this Trust in equal shares to my children, JANE M. HUTTON, of 310 North Lime Street, Apartment #4, Lancaster, Pennsylvania; ROBERT D. HUTTON, JR., of Box 185, Hoonah, Alaska 99829; and WilLIAM R. HUTTON, of 1109 Furuhelm Street, Sitka, Alaska 99835, per stirpes, and not per capita. Any income earned by the Trust as of the date of my husband's death, and not yet distributed to him, shall be an asset of his estate and shall be distributed in accordance with the terms of his Will. FIFTH: In funding the Marital Deduction Trust, only property eligible for the marital deduction shall be used. Property distributed in kind in satisfaction of the marital deduction shall be distributed at the lower of (i) its value at the time of its distribution and (ii) its adjusted federal income tax basis. Subject to the foregoing and without regard to the effect upon the size of the Residuary Trust, my trustee shall have absolute discretion in selecting the property to be allocated to the Marital Deduction Trust. 4 c: Iwp51 Iwillslhutton. rbl SIXTH: All federal, state and other death taxes payable because of my death shall be paid out of the principal of the Residuary Trust. None of those taxes shall be charged against the Marital Deduction Trust or any beneficiary, and no property which would be otherwise exempt from federal or state death taxes shall be used to pay any death taxes under this article, or attributable to my estate generally. LASTLY: I nominate, constitute and appoint my husband, ROBERT D. HUTTON, to be the Executor of this my Last Will and Testament. In the event of his death or his inability or refusal to serve, I nominate, constitute and appoint my daughter, JANE M. HUTTON to be the Executor. In the event of the death or disability, or the inability or refusal of both of them to serve, I nominate, constitute and appoint DAUPHIN DEPOIST BANK AND TRUST COMPANY, of Carlisle, Pennsylvania, to serve as Executor hereof. The Executor and Trustee are specifically relieved from the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have hereunto set my hand and seal this J-l!t- day of ,-..1 ().L<_~ ,1997. ( , ) ~7 \. / /'-;'7"y":::' /:L.'::' .../ "'~' I~'~." SIGNED, SEALED, PUBLISHED and DECLARED in the presence of: 5 c: \wp51 \wills\hutton.rbt . COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, DOROTHY M. HUTTON, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that 1 signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed tol1t acknowledg HUTTON, the Testatrix, this ,;) day of /! i ~/ .-- .' ." "/-::C' " " .' / . ;: '~J<Z((r-';; Dorothy M. Hutton, Testatrix ...-7 C~t'4tt 12lU-iJAP/c;U/J N ry Pu IC T ARIAl TERESA J. SURt<HOI..DER, Notaly PublIc Call1ale, CumbefIIlnd County, PA My Comml8&lon EllPires Feb. 21, 2000 6 c:lwp51Iwillslhutton.rbt . COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND We, James D. Flower I Jr. and Merlene Marhevka ,Jhe witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix sign and execute the instrument as her Last Will; that DOROTHY M. HUTTON signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by James D. Flower, Jr. (~/d- Merlene Marhevka this day of ,1997. ~.h i:" L r:!Y:\f:u " A)^ \....xJ.LllJ!.... }...) ~/\...... Witness . v ,/' ---~ . C'IfiJ}C7d Gtota~~lib/;{HdeV ~ NOTARIAl TEReSA J. BURKHOlDeR, NotaIy PublIc Carll8le, CUIl'lberIIlnd County, PA ~18Ilon EllpIres Feb. 21. 2000 7