HomeMy WebLinkAbout02-06-06
MILLER and MILLER
ATTORNEYS AT LAW
401 South 32nd Street
Camp Hill, P A 17011
G. Thomas Miller
Thomas R. Miller
Telephone: 717-920-5500
Fax: 717-920-5503
February 2, 2006
Glenda Farner Strausbaugh, Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013-3387
Re:
Estate of Robert E. McGaughey
York County File No. 67-05-764
~\ -~~ -~\\\o
Dear Ms. Strausbaugh:
We enclose for filing exemplification of the record in the above estate from York County,
together with our check for $35.00 which we understand to be the filing fee.
We assume this exemplification will be given a file number in your office which will be
reflected in your receipt for this payment and which is requested you send to us using the
enclosed pre-stamped envelope.
Your attention and assistance with this filing request is appreciated.
Very truly yours,
<--:::::\I~-
~~:.\ ~
G. TH mas Miller
GTM/wcw
Enclosure
({ommonttJeaItb of ~enn~plbania,
~~.
({ountp of ~ork,
I, Greqory M. SnYder
Judge of the Orphans' Court in and for the County of York, do certify
mat Bradley C. Jacobs
by whom the annexed record, certificate, and attestation were made and given,
and who in his own proper handwriting has thereunto subscribed his name and
affixed his official seal, was, at the time of so doing, and now is, Register of the
Probate Of Wills and Granting Letters of Administration, and Clerk of Orphans'
Court Division, Common Pleas Court, in and for the County of York, duly
commissioned and qualified, to all whose acts, as such, full faith and credit are
and ought to be given, as well in Courts of JUdicature as elseWhere, and that
the said record, certificate, attestation are in due form of law and made by the
proper officer.
day of
IN TESTiMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, this thirtieth
January
,
. -.J
~
,
({ommonttJealtb of Jlenn~plbanta,
g,~.
I
(:-'1
Q[ountp of ~ork,
. I
I. ':-l
cr,
i, Bradley C. Jacobs
Clerk of Orphans' Court Division, Common Pleas Court, in and for the
County of York, do certify that the Honorable Gregory M. Snyder,
by whom the foregOing attestation was made, was, at the time of making
thereof, and still is, judge of the Orphans' Court, in and for the
County of York, duly commissioned and qualified, to all whose acts, as such,
full faith and credit are and ought to be given, as well in Courts of JUdicature
as elsewhere.
day of
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, this thirtieth
January
LAST WILL AND TESTAMENT
OF
ROBERTE.McGAUGHEY
I, HOBERT E. McGAUGHEY, of Newberry Township, York County, Pennsylvania,
(Social Security l\ umber 1 G 1-3iI-114G), hereby declare this to be my last ,,~ll, revoking any and all
prior wills and codicils.
ITEM I: I hrive and bequeath my motorcycle, my boat with motor and trailer, ,Uld my jeep
to my son, JOHN B. McGAUGHEY, my daughter, EHIN S. BAGROSKY, and my fi'iend and
companion, SANDRA ENGLE, share and share alike, with the option in them to take distribution
in kind if they can mutually agree on such distribution, or if they cannot so agree, I direct my
C\ecutrix to sell said items under such terms and conditions as she shall deem appropriate in the
best exercise of her discretion, and to divide the proceeds of such sales among the af()I'e-
mentioned legatees, share and share alike, or their issue, per stirpes.
ITEM II: I give and bequeath certain items of my personal property to the persons
desigllated in a list dated August 2, 20(H, which I have provided to my Executrix and direct that
she distribute such personalty in accordance there"~th, if I have not disposed of said items in my
lifCtime.
rn::Vl III: I give, devise and bequeath my tract of real property, having a one-story li'ame
dwellillg crl'Cled thereon. and the contents contained therein, being situate in Todd Township,
Fulton Counl", PCIlnsykmia (see Fulton County Deed Book, Volume :)3, page ,SKO). known as
;:1](1 lluLlhcred (iH2 Peach Orchard Hoad, McConneIIslmrg, PeIlnsylvania, unto my Trustees
hereinalkr named, in trust nevertheless for the purposes, and subject to the terms and conditions.
hereinaher set forth.
ITEM IV:
g1Ve and devise a certain unimproved tract of real property, consisting of'
tweh'e (l:2) acres, more or less, situate in South Middleton Township, Cumberland County,
Pennsylv,lllia, to the said JOHN B. McGAUGHEY, ERIN S. BAGROSKY, and SANDRA
ENGLE, sh,uT and share alike, as tenants-in-common and not as joint tenants with right of
survivorship, or their issue, per stirpes.
ITErvI V: I give, devise and bequeath all the rest, residue (me! remainder of my Estate. of
whatever nature and wherever situate, to the said, JOHN B. McGAl 'GHEl', EHlN S.
BAGROSKY, and SANDRA ENGLE, in equal shares, or to their issue, per stirpes. Should any
of' said persons predecease me without issue, his/her share shall pass to the surviving residuary
heirs, or his/her issue, per stirpes.
ITEM VI: My Trustees shall administer the aforesaid Fulton County property III
accordance with the Idlowing terms:
a. The purpose of this Trust is to continue the availability of the property for
the use and enjoyment of those of my Ji"iends and relatives who have previously, Ji"om time to time,
used the property for recreational purposes as my guests or with my permission.
b, The Trustees shall have sole discretion lor the selection of those of my
friends and relatives who shall have the use of the premises, in such numbers, and for such periods
0[' time, as Trustees shall determine and assign. It is my wish that all of my Ji'iends and relatives
who used the premises in my liktime shall be accorded consideration on a fair and equal basis I()r
use and occupancT of the premises, but as my Trustees in the exercise of their sound discretion
shall decide.
2
c. Trustees shall be responsible 1'01' maintenance or the prUllIses, and 1'01'
]J<l\'ment or all expenses incurred 1'01' taxes, insurance, utilities, repairs and incidentals. They are
authorized to establish and collect usage ICes rrom persons using the premises, which shall be lixed
in reasonable amounts so as to provide runds suJ1icient 1'01' the aroresaid purposes, but not to
generate allY unnecessary profit. Trustees cUT also authorized to negotiate Ic)r, and accept, services
in kind in rhe form or labor and materials provided jc)!" the premises, in lieu of llsage fees in
monetary ICJrln.
d. Trustees shall have the right to deny access to those persons who refuse to
pay usage ICes, or become delinquent in payment.
e. In the event any Trustee appointed hereunder is unable to serve, or to
continue to so serve 1'01' ,my reason, the two (2) remaining Trustees shall select and appoint a third
Trustee, who shall be bound by the terms hereof. Should two (2) vacancies occur concurrently,
the remaining Trustee shall reconstitute the Board by selecting two (2) replacement Trustees to act
with the remaining Trustee under the terms hereol'. II' it thus my wish that this Trust Iimction in
perpetuity, or until the then Trustees, in their discretion, decide that the purpose of the Trust can
no longer he rullilled, in which event the Trust shall be terminated and the Trustees shall sell the
premises at public or private sale, under such terms and conditions as ,hall produce the best
a\'ailable return, and the net proceeds realized shall be distributed as ir they were part or my
rcsiduary Estate. Reasonable notice or intention to terminate the Trust shall be givcn by the
Tr\lStces to ;tll persons who have uscd the premises in the preceding twelve (12) months. and who
shall bc g1n'n a EliI' opportunity to negotiatc with the Trustecs 1'01' possible purchase of thc
pn'Illlsl'S.
3
L Should any bencliciary, l~C'J any person who has used the prenllses with
permission in the preceding twelve (12) months, become dissatisfied for bOI1a fide reasons with the
Trustees' managemenl of the premises, such beneficiary, or group of bencliciaries, shall have the
right to request replacement of one or more of the Trustees by appropriate actioI1 in the Court of
CommoI1 Pleas of Fulton County, and that Court, if it deems same appr('priate alter reasonable
notice and hearing, is authorized to remove any or ;lll of the incumbent Trustees and appoint their
replacement (s) and also to impose the costs of the proceeding and the applicant (s) counsel ICes on
the principal of the Trust.
g. Any action by at least two (2) of the Trustees shall be binding and
enf()ITeahlc, providing such action is taken at a meeting with all Trustees present.
h. The Trustees shall serve without compensation and ~hall provide an anI1ual
accounting of their Trust management, including itemization of receipts and disbursements, to all
persons who used or occupied the premises during the immediate preceding twelve (12) month
period.
1. The Trustees may appoint one of their number as chairperson to speak and
act on behalf of all of them, pursuant to their collective authorization, on all routine matters of
Trust administration and use and occupancy of the premises, and may desig11ate ;molher of their
I1umber to act as Secretary-Treasurer. Notwithstanding the provisions of subparagraph g., above,
the Secretary-Treasurer may be paid a reasonable ICe for his/her services as fixed by the other two
Trustees, which fee shall be treated as em npense of the Trust.
ITE:\I YII: :\0 interest (whether in income or principal, whether or not a remainder
interest. anel \\"hcther \'esteel or conlingenl) of am' bencliciary hereunder shall be subject to
4
anticipation, pledg"(~, assigl1lIlent, sale or transICr in any manner, nor shall any heneficiary have
power in any manner to charge or encumber his/her said interest, nor shall the said interest oj" any
beneficiary be liable or subject in any manner while in the possession oj" the J"iduciary J"or any
liability oj" such beneficiary, whether such liability arises J"rom his/her debts, contracts, torts, or
other engagements oj" any type.
ITEM VIII: I direct that all estate, inheritance, and succession taxes that may be assessed
in consequence of my death, oj" whatever nature and by whatever jurisdiction imposed, other than
generation-skipping taxes, shall be paid out of the principal oj" my general estate to the same enect
as iJ" said t;Lxes were expenses of administration, and all other property includable in my taxable
estate for ICderaI or state tax purposes, whether or not passing under this will, shall be fi'ee and
clear thereof".
ITEM IX: In addition to such other powers and duties as may be gTanted elsewhere
herein (so long as not inconsistent therewith), or which may be gTanted by law, the Trustees and
my Executrix shall have the following powers ;md duties, without the necessity of notice to or
consent by ;my Court.
a, To retain all or any part of my property, real or personal, in the form in
which it may be held at the time of its receipt, so long as in the exercise of their discretion, it may
be ad\'isahle lo do so,
h. To invest and ITill\'est any funds held hereunder, in the exerCIse of their
sole and sound discretion, any property, real or personal, e\Tn though such property would nol be
considered appropriate or Ieg~tl for a fiduciary apart fi'OIll this provision,
5
c. To sell, convey, exchange, partition, give options to buy or lease upon, or
otherwise dispose of any property, real or personal, at any time held by them, with or wilhout
Order of Court at their option, at public or private sale or otherwise, for cash or other
consideration or for such credit terms as they may think proper, and upon such terms and for
prices as they may determine, and to convey such property free of any trust.
d. To borrow money li'om any per~;on or any purpose in connectio!l with the
administration hereof, to execute promissory notes or other obligations f()r amounts so borrowed,
(tnd to secure the payments of such amounts by mortgages or pledges of any property, real or
personal, which may held hereunder.
e. In dividing or distributing any property, real or personal, included herein, to
divide or distribute in cash, in kind, or partly in cash and partly in kind.
1'. To employ such brokers, b,lIlks, custodians, accountants, investment
counsel, attorneys and other agents, and to delegate to them such duties, righls and powers as they
may dclermine an(l Ie)!' such periods as they think fit.
g. To make all necessary proofs of death under any insurance policies of
which I, or m\' Estate, may be the beneficiary, to execute any receipts for the procceds and to
instit ute allY action to collect said proceeds and to make adjuslments of ,lilY claim thereunder.
ITE\I X: I appoint my fi'iend and companion, SANDRA ENGLE, my brother-in-law,
BARRY .fl':'\KI\'S, and my son, JOHN B. 1\:1cGAl lGHEY, as the initial Trustees of the Trust
herein established. Further, I appoint my sister, ROSE GIBB, as the Executrix of lhis \ ViII, but
should she be unable to serve, or to continue to so selTe, I appoint in her stead with the same
powers (tnd duties, I1l\' friend and companion, SANDRA E:'\GLE. :'\0 fiduci,m appointed
6
hereunder shall be required to post bond or security III any jurisdiction for the faithful
performance of his or her duties.
ITEM XI: l lnlcss the context indicates otherwise, any use of the masculine gender herein
shall also include the feminine gender, and the singular shall include the plural, or vise versa.
IN \VITNESS \VHEREOF, I, ROBERT E. McGAl )GHEY, herewith set my hand and
seal to this, my last vVill, typewritten on g sheets of Piiper including the self-proving attestatioil
clause and signatures of witnesses, this (l-\~ day of March, 2005
f (; I. .
, d "j <__:
i df[[L.!!/1 i:l0iif!!L__ (SEAL)
ROBERT E. McGAU9IiEY
~~ I /
vVitnessed:
/'-/~'\;1 ;J / "D' (/. .
---<: " J Y 1 rk {:'/{, . '-Ii
- (__~,J--,-__~,"__________ residing al -----'-cd"'+2ii___ __
7 . .
/ '("'7. .' Ii A..,jl. . . // ' . ii ;".,
" I_ r ..., {". I Ir C.' resldlllo' at c... / ../ (.. II 1-/ I) / r . (r
-----~-~~------------------------ h ______~__-,__ ~-~__~_________
/ I . /
t
-------------------______________ residing at ______________________________
7
('( )\1.V1< ):\\\'L\LTH ()F PE:\lI\SYLVANIA
C( )( ':\TY (>F (~""V\ \;o"Y/ tZ\J\.c\
SS:
(-~I II
h" " -j",
ROBERT E. McGAUGHEY (the testator) G, \ vu.. :t J (\, \ \
____~~~~~~2_~~~_'1~l~Lt_~____, ~ld ________~_=================__ (11~:~~~~~~~0:
whose names arc signed to the foregoing instrument, being Jirst duly swom, each hereby dechuTs to
the undersigned authority that the testator signed <md executed the instrument as his last "viII in the
presence of the witnesses and that hc had signed willingly, and that he cxecuted it as his liTe and
voluntary act J()r the purposes therein expressed, <md that each of the witnesses, in the presence <md
hearing or the testator, sig11ed the will as witnesses and that to the best of their knowledge the testator
was at that timc eighteen ye<u's of age or older, of sound mind and undcr no constraint or undue
influence.
\.VITN..T.l.':SS.'.:" 0')
~._. ) (I , I ! 'I
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'-----~~~-~~---~-----------------
TES'rAT() R:
\VITl\ESS:
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-------7-------------L-----______
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K~ L, J' 1 Y ,0 1.f?'--~" ~,..(' ~'.' ,
~_+...f-:U.-..iLJ<+-L"..;.- -<+--'7, '1.J::.Jf&------
ROBERT E. MeGA .. E-Y
--------------------------------
Subscribed, swom to <md acknowledged beJol"C me by ROBERT E. McGAUGHEY, the
testator, ;md subscribed and swom to bcJore me by _c=~ ~}~~'-{i~_________,
__-J7 \ -, ,,) C \ ,.j ./: , .~. .
(I t ,--} ,. ~. C. /" v L' <md the witnesses
------------______J__________________, ___________________________, ,
[his ~t~_ day o! ~hrch, ~()05.
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-ilD (/,. t.1-__Cl.:....-JA!JJll~f~.L/-- __
~<u'Y Public '.I
(SEAL)
:."':':::ii"i:il Si...'<.l
8
(Rev. 6/(2)
Before the Register of Wills of Yark County, Pennsylvania
Estate of ~\.:.h~~,t f;:, f't'\ c (~~~u~ ~y
also known as
No.
~ 10s. 7~.j
, deceased
Social Security No.~ L! I -- '~4- - \ \ Lt- ~
Petition for Probate and Grant of Letters
The petition of the undersigned respectfully represents that:
1. Your petitioner(~ is (are) 18 years of age or older and the [~r,
executrix, (J);.{6CU.'f'i."E, or pyprutrirt;!>] named in the last will of the
above decedent, dated \"Y\'?'('l h ", "2L~0 ~ (and codicil(sj dated
). [State relevant circumstances, such as renunciation or
death of executor.)
"'t~
2. The decedent was domiciled at death in York County, Pennsylvania, with
his Chef) last family or principal residence at [street address and municipality}
'SL.e' l.(o'(i.~.: '~':>p;,.,t \-a~'\J \ \ ~/ I It--J e \.r--''o<<''ny "'lc"~~h, \J
( Qu')-\- t.>-H-,y -" 'D c>~",y- Q'~ \~ 3\ ~)
f.t: I years of age, died t"tY2,
~~- 'c. ~ .-\ L vt- ,~\ \ \ ~
3.
h,)
4. Except as follows, the 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 an incapacitated person: ." I ~
,
5. The decedent at death owned property with estimated values as follows:
[Ildomiciled in Po.) All personal propeliy
[llno! domiciled ill Pa.} Personal property in Pennsylvania
[/fno! domiciled ill Pa.} Personal property in York County
Value of real estate in Pennsylvania .
situated as follows: \ 3 . ~c... ,-<J \'<,
, - ,,\ ( \-' ., Y" '~vl "-) c... ~" '",
S &:or C'\{l (1
(
$
$
$ '?:> S / 0 ( 'I...'
S.J..Ah 'T>"<..\t\'d.\{,,',i..>.,., (('~'."b.\\:"<"-' (ov~\'J;
,.......,z.c\d -\c-""':'~'l" f;_ '~1'0" C'^-b ~'l
\ I
Wherefore, the petitioner(,0' respectfully request(s)
(alJrl ('Qdicil(3)) presented herewith and the grant of [letters
,J..~ :.- '. cf 1 ]
GUHH+IlstnltlOlI cIa. 01 .o.ll.c.f:-a.
the probate of the last will
testamental)! ,[,lJ' !ettcF.'r oj'
thereon.
Name of Corporate Petitioner:
By
Signature of Authorized Officer
Typed Name:
Title:
Office Address:
Signature of Individual Petitioner
Typed Name:
Residence Address:
R~d~~
Signature of Individual Petitioner
Typed Name: (<--o.s.e_ ~..,\:>b
Residence Address: ~S'. B-.. fu'(\VvL,-d 0'(\\,..,
-Y~\\\\'0'5~' \'10\<-\
Oath of Personal Representativel;.g)
Signature of Individual Petitioner
Typed Name:
Residence Address:
Commonwealth of Pennsylvania
County of York
The petitioner~ 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 the petitioner($1
and that as personal representativeV0 of the above decedent the petitioner(i) will well and truly
administer the estate according to law.
,~I ~-
Authorized Officer of Corporate Petitioner
R 6M- L~)' L,lvl-r
Signature ofIndividual Petitioner
Sworn to or affinned and subscribed
before me this ~~ __day of
.JL! fH- . 20~
Signature ofIndividual Petitioner
Signature of Individual Petitioner
')
(V, ( 6 ?''-'.s 'r,~:: ']
, deceased
RECEIVED
REGISTER OF WILLS
lDD5 JUN - 2 I A 8: 51
.IUDICIAL CENTER
YO. D '{ r,.
- :\1',
No, ~707 .7fct?
Estate of fZL> V...:. 'C~l IS
also known as
Decree of Probate and Grant of Letters
And now, .....,; '-! (l-l<': 2- ;). 0 l> S in consideration of
the foregoing petition, satisfactory proof having been p(esented before me, it is decreed that the
instnll11ent(j1, dated ,"'r^,e 't<. ~ "\ I L-('C'S-' , described therein be admitted
to probate and filed of record as the last will of <2 c \~t'., \ b, \'f\c C.. ~ '-'5 kf'j
and letters '\'-C'')h I(n-(O'I'~~~7 are,hereby grant~~ to, ..' .'
,,2-(.,.>.-, G"" bb f:~''A.t)<' <,,)' '< l.li-
I
Total
$ ID()fOO
$ 30,00
$
$
$
$
$
S
$
(D.p~i~~
Fees:
Probate, letters, etc.
Short certificates ( (, )
Renunciation
JCP
Automation
/0. 00
5. (Jb
C~~:~~',-( 1~"\A 0\)1 (iOe",
Signature of Attom~YJor Petitioner(s)
Typed Name: C:;. \ ~'o't'i\"~,J. f\> \" \ 1+,.....
Supreme Court LD. No.: l'L,C(
Address: \.to \ So. .-?> -2 ~'. s..t
C~ t~O I -h \' p~ \ c-l 0' (
Telephone Number: 'I \ -t I q "'2 (l ~ 5 Sc (,
~-z ~ 9 L {I' S' SO .~
,( C\'~ "". <j' \r\l..'\"'~'" "".: \1.,:- ~\:'N',('<':d. V\-f'.t
I~.OD
Filed: .....A....; n-€:' Z.
L.(,(j '5
3
. ,
REGISTER OF WILLS
YORK COUNTY
PENNSYLVANIA
I, BRADLEY C JA COBS
Register for the Probate of Wills
and granting Letters of Administ-
ration, &c., in and for said County
and State, do hereby certify that
the following is a true and correct
copy for the record.
PETITION FOR GRANT OF LETTERS TESTAMENTARY, ORDER ADMITTING
THE WILL TO PROBA TE, LAST WILL AND TESTAMENT OF
ROBERT E. MCGAUGHEY, LA TE OF NEWBERRY TOWNSHIP, COUNTY OF
YORK, PENNSYL VANIA, DIED MA Y 29, 2005, RECORDED JUNE 2,2005,
FILE 6705-764.
so full, true and entire as the same remains on file and of the
record in the Register's Office of YORK COUNTY,
in YORK, PENNSYL VANIA. Book No. Page
IN TESTIMONY WHEREOF, I have hereunto
official seal at YORK, PENNSYL VANIA,
27th day of January, Two Thous d
set my hand and
on this the
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