HomeMy WebLinkAbout12-14-05
CERTIFICATION OF NOTICE UNDER RULE 5.6(a)
Name of Decedent: Dorothy M. Hutton a/k/ a Dorothy Martsolf Hutton
Date of Death; September 17, 2005
Will No. 2005-00954
Admin. No.
21-05-0954
To the Register:
I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules was
served on or mailed to the following beneficiaries of the above-captioned estate on December 9, 2005
Name
Address
Robert D. Hutton
41 Bullock Circle, Carlisle, PA 17013
Robert D. Hutton, Jr.
P.O. Box 185, Hoonah, AK 99827
William R. Hutton
P.O. Box 130565, Tampa, FL 33681-0565
Jane M. Hutton
213 E. Madison st., Lancaster, PA 17602
Notice has now been given to all persons entitled thereto under Rule 5.6(a) except
Date:
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Signa ure
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Name
Tricia D. Naylor
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Address
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104 S. Hanover st.
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Carlisle, PA 17013
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Telephone (71 J1 24 3 - 7 4 3 7
Capacity: _ Personal Re:presentative
~Counsel for personal representative
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
INRE:
ESTATE OF DOROTHY M.
HUTTON, Deceased
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ORPHANS' COURT DIVISION
No. 2005-00954
DISCLAIMER
Filed on behalf of
Robert D. Hutton
Counsel of Record for
the Estate:
TRICIA D. NAYLOR, ESQ.
P A LD. No. 83760
l04 South Hanover Street
Carlisle, P A 17013
(717) 243-7437
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF DOROTHY M. HUTTON
NO. 2005~00954
TO THE HONORABLE COURT;
DISCLAIMER
Dorothy M. Hutton (hereinafter the "Decedent") died testate on September 17, 2005. The
Decedent's Last Will and Testament dated January 21, 1997 was admitted to probate and Letters
Testamentary were issued to Robert D. Hutton on October 28, 2005.
Item Fourth of the Decedent's Will provides that after the Decedent's death, the
Decedent's Trustee 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
fu~M: .
A. If the Decedent's husband, ROBERT D. HUTTON, survives the Decedent, 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 the Decedent's trustee may from time to time think desirable, taking
into account funds available from other sources, for the health, support, maintenance or
education of the Decedent's husband or any of the Decedent's 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 the Decedent's husband unless the principal ofthe
marital deduction trust has been exhausted; and (iii) After the Marital Deduction Trust has been
exhausted (or after the Decedent's death ifno Marital Deduction Trust will be established), the
Decedent's husband shall have the right in each calendar year to withdraw from the principal up
to $5,000 at any time and, in addition, ifhe 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 ifnot exercised during that
year).
No Marital Deduction Trust has been or will be established by the Decedent's estate. The
Residuary Trust under Item Fourth of the Decedent's Will will be established. The Decedent's
husband, Robert D. Hutton, reserves his right to receive income and principal distributions under
Item Fourth, Paragraph A., Sub-paragraphs (i) and (ii) of the Decedent's Will. The Decedent's
husband, Robert D. Hutton, hereby disclaims the right to any principal distributions allowed
under Item Fourth, Paragraph A., Sub-paragraph (iii) of the Decedent's Will.
The Decedent's children are JANE M. HUTTON, ROBERT D. HUTTON, JR. and
WILLIAM R. HUTTON. The Decedent's children, hereby disclaim the right to any principal
distributions allowed under Item Fourth, Paragraph A., Sub*paragraph (ii) of the Decedent's
Will. Said children do not disclaim any rights to distributions that they may have under Item
Fourth, Paragraph B.
Robert D. Hutton, Jane M. Hutton, Robert D. Hutton, Jr. and William R. Hutton reserve
the right to make other disclaimers by one or more separate disclaimer instruments.
IN WITNESS WHEREOF, and intending to be legally bound hereby, and intending that
an original of this Disclaimer shall be filed of record in the Office of the Clerk of the Orphan's
Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, Robert D.
Hutton, Jane M. Hutton, Robert D. Hutton, Jr. and William R. Hutton hajJjereunto set their
hands and seals on two originals of this Disclaimer as of the 1J.,ft.- day of IJ U tYI b.l r
2005.
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Robert D. Hutton
<--\~i-n/ /Y[ /j.S[Q-~
Jane M. Hutton
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
DEPT. 280601
HARRISBURG, PA 17128.0601
RECEIVED FROM:
PENNSYLVANIA
INHERITANCE AND ESTATE TAX
OFFICIAL RECEIPT
NAYLOR TRICIA 0
104 S HANOVER STREET
CARLISLE, PA 17013
n__~___ fold
ESTATE INFORMATION: SSN: 177-18-5781
FILE NUMBER: 2105-0954
DECEDENT NAME: HUTTON DOROTHY M
DATE OF PAYMENT: 12/14/2005
POSTMARK DATE: 12/14/2005
COUNTY: CUMBERLAND
DATE OF DEATH: 09/17/2005
REMARKS: J C OSZUSTOWICZ ESQ
CHECK# 7693
SEAL
ACN
ASSESSMENT
CONTROL
NUMBER
101
TOTAL AMOUNT PAID:
INITIALS: VZ
RECEIVED BY:
REGISTER OF WILLS
REV-1162 EX111-96J
NO. CD 006105
AMOUNT
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I $27,000.00
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$27,000.00
GLENDA FARNER STRASBAUGH
REGISTER OF WILLS