HomeMy WebLinkAbout02-14-06
Estate of 'DelL \~ A. ~t \~........
also known as
PETITION FOR PROBATE and GRANT OF LETTERS
"J.." -'=J ~ - ~ "\ L.\ S
No.
To:
Register of Wills fOT the. (\.
'<-~ , Deceased. County of <::. \J lAA..\o-A.-.r\~ In the
Social Security No. \elf - ((c:l- 3~ If I.{ Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the execut r\~
in the last will of the above decedent, dated lM.~'f 2.1"
and codicil(s) dated t"tO\l't..-.\:.Ju- 2'i I 2OCWS' ,\<c5'&
named
, 19~
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in c..u\'oo.~"'-.~ County, Pennsylvania, with
h \-S last family or principal residence at I ace W<a6t So-.\~ s-n-~c.+
CArh~\~ 'Vt\
(list street, number and muncipality)
Decendent, then ~ ~
at
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:
years of age, died -FabNo.'1 ~. '2..00<0
, 19
.,
$ '$ SO. Ol>a
$
$
$ '$ , 2.LI. Ol>O
WHEREFORE, petitioner(s) respectfully reque~t(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters ,e~~~ClL~1
(testamentary; admmistration c.La.; administration d.b.n.c.t.a.)
theron.
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA }
o 58
COUNTY OF Cuw..bAi..r\~"""clI..
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 wel d truly administer." ~estate according to law.
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Sworn to or affirmed and subscribed {
before me this ",-\ ~" day of
~ """"'" .~
" ~~~'S~~, ~
~ .'<(~ \ ).. ,,"" ~ egister
Estate of
No. '".1 \. ~~ - ~\'-\ S
j::q \~ A . tS i ct\"~ v-...
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW \', \",~ ,.). "'\ 't s.. Y I ~~\~ I.::, 19 , 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 Mo..'i 2'i I \ 9"bb ~
described therein be admitted to probate and filed of record as the last will of
\~~~ . '~~. ~l'J\) 5
~ \~ ?to a~\~v..
and Letters 1L~"",,".e_~'i
are hereby granted to ":j\.J~i $. ~ntr~",-
FEES
Probate, Letters, Etc. ...... 0 . 0 $ J..\:~ .
Sh'fi \~
ort Certl lcates(3) . . . . . . . . . 0 $
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Register of Wills<:~ \<"t.~.J \,~ .,;~.J-.'
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t<o\,~t L.. ()'6\'\~,^-\ Z~e.-st'2."F~t
ATTORNEY (Sup. Ct. I.D. No.) .
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TOTAL _ $ -~ \'1
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(FEE FOR THiS
CERTIFICATE $6001
WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR
TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF HEALTH VITAL RECORDS
~\-~~-~\'-\5
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
CERT. NO. T 6003526
February 7, 2006
Dale of Issue of This Certification
Name of Decedent__
DALE
A.
BRITTEN
F,rst
Sex
Male
Social Security No.
174 - 16 - 3944
Date of Death _ Feb. 5,2006
Date of Birth
Sept. 10, 1921
Birthplace
Van Ormer, Pennsylvania
Place of Death Sarah Todd Memorial Home
Cumberland
Carlisle
Race
White
Occupation
Widowed Decedent's
Mailing Address
Service Man
CIl'/, B\)rol.J~h cr ;-
Pennsylvania
~;'lulitv Name
CCJII!l~\I
Armed Forces? (Yes or No)
1000 W. South St., Sarah Todd Memorial Home Carlisle, PA 17013
YES
Marital Status
Judy Britten
r~"fTllJtJ'
Informant
Name and Address of
Funeral EstablishmenL_
Funeral Director ___
Gibbons Funeral Home, 1085 Main Street, Coalport, P A 16627
Daniel 1. Gibbons"
Statl:'
Interval Between
Onset and Death
weeks
Part I:
Immediate Cause
(a)
Renal Failure
(b)
Congestive Heart Failure
I
. --+--
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weeks
(c)~__
Part II:
(d)
Other Significant Conditions
CV A, CAD, OA
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Manner of Death
Describe how injury occurred:
Natural
rl1
Homicide
Pending Investigation
Could not be Determined
[J
Accident C
Suicide
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Name and Title of Certifier
William S. Kauffinan, M.D.
Address
1921 Spring Road, Carlisle, P A 17013
(M.D., D.O., Coroner, M.E.)
This is to certify that the information here given is correctly copied from an original certificate
of death duly filed with me as Local Registrar. The original certificate will be forwarded to the
State Vital Records Office for permanent filing./ () I J, , \ 0 /..In' ._
~b/~ 17-1RO
L ~)-::al R":'Ulstrar oJf Vital R/corrLo District N'J
~,~~~:,~~: ~"~~I~~'
639 T J.njon Street
:)'r21;1 Adc.ln!s'~
Co~!PB9'~'h row,!~,627
Register of \Vills of Cumberland County
OATH OF NON-SUBSCRIBING 'VITNESS
Estate of "Dc; \c::: A-. ~ ,-%-V\...
No. ~, - ~,~" -<::J \.l1 -S
Also known as
, Deceased
~h~.:=-\- \-. ~ 0" ~ I:- \ ~ "'-.
j ~)C~'f ~.b\fu '"^'
(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that
-H/oL>i ql't' familiar with the signature of 0~\~ A,@.:,,,,-t\-ev-. ,testato't of (one of the
' -
subscribing witnesses to) the codicillwitI presented herewith and that-tk"-t believelbelieves the signature
on the codicil/will is in the handwriting of 'J:::h \z i'\' ~""\~v--. to the best of
~e\.;r knowledge and belief.
--'BvD
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yV..J-----!-
,
(Name)
Sworn to or affirmed and subscribed
Before me this \ ~ +'" day of
~,~.'("'~,,'\ , 20~
,
1 q w Sd,,^\ir-~'1- ~~\~U. PA '70 I~
(Address)
~~~~
Register "
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Deputy ... , )
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ame)
(Address)
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BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF DALE A. BRITTEN
DECEASED
NO 21-2006- ~\i..\S
DECREE OF THE REGISTER OF WILLS
AND NOW, this 14th day of February, 2006, upon consideration of the Petition for Grant of
Letters filed by Judy S. Britten for the above decedent and the instrument offered for probate as the Last
Will and Testament dated May 28, 1986, IT IS DECREED that the instrument be admitted to probate.
The Last Will and Testament is admitted as originally written. Any alleged modification or adjustments
to the instrument are not accepted into probate. IT IS FURTHER DECREED that Letters
Testamentary be granted to Judy S. Britten.
~J;:.<<
Robert L. O'Brien, Esquire
-7]
In Re: Estate of ~ ~\.~ \\ ~ \t \\\~,~
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYL VANIA
Estate No.: J... '\ - \J ~ - ~ \ L\ S
NO.
CERTIFICATE OF SERVICE OF ORDER
ORDER DATED:
J. - \'\ J'J \c
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")..- \ \.\ - ~ \.:
~~~ '\..~<<:. ~S ~s:.~. ~~ ~\l..\.S.
JUDG E' S INITIALS:
TIME STAMP DATE:
INRE:
SERVICE TO:
C~'<::)'\.)'<"~ \.... ~\ \))'\\~v~
METHOD OF MAILING: D USPS ENENVELOPE(S) BY: D Petitioner
D RRR D Judge
---0 Hand delivered ~ Clerk of Orphans' Court
D Other: _
DATEOFMAILING:~- '0..-~\..."
SERVICE TO:
METHOD OF MAILING:
D USPS
DRRR
D Hand delivered
D Other: _
ENVELOPE(S) BY:D Petitioner
D Judge
D Clerk of Orphans' Court
DA TE OF MAILING:
c.=~ _ ,< .&''\
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Deputy Clerk of Orphans' Court
Clerk of the Orphans' Court
STONE, SAJER
8< STEWART
Attorneys at Law
414 Bridge Street
New Cumberland, Pa.
17070
".. ,
LAST WILL AND TESTAMENT
OF
DALE A. BRITTEN
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I, DALE A. BRITTEN, of thl!"Iffi.F-ougnc"o'f'- C,,'_' 1. ~I.:;, County of Cumberland
and Commonwealth of Pennsylvania, declare this to be my last will and revoke
any will previously made by me.
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ITEM ~F I devise and bequeath ail of my estate of every nature and
wherever situate as follows:
A. One-half thereof to my son, RONALD H. BRITTEN, if he survives me
by thirty (30) days. If my son, RONALD H. BRITTEN, fails to survive me by
thirty (30) days, I devise and bequeath this share in equal shares to such of
his children, MICHAEL BRITTEN and ANDREW BRITTEN, as survive me by thirty (30)
days. Should my son, RONALD H. BRITTEN, and my grandsons, MICHAEL BRITTEN and
ANDREW BRITTEN, all fail to survive me by thi rty (30) days, thi s sharle shall
be added to and treated as a part of the share created in paragraph B below.
I have deliberately made no provision in this my last will for any children of
my son, RONALD H. BRITTEN, other than the two children, MICHAEL BRITTEN and
ANDREW BRITTEN, who are named herein.
[,'":, ./ !-:!/'"~
B. One-half thereof to my daughter, JUDY S. ~ING, if shE~ sur-
f:' j- / .-'
vives me by thi rty (30) days. If my daughter, JUDY S. GUOtlttNG, fails to sur-
'live me by thirty (30) days, I devise and bequeath this share inequal shares
to such of her children, ROBERT lID YOUNG and MORGAN "GOOpLtNG as survive me by
Page 1 of 5 pages
STONE, SAJER
& STEWART
Attorneys at Law
414 Bridge Street
New Cumberland. Pa.
17070
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thirty (30) days. Should my daughter, JUDY S.~.tNG, and her children,
f'\
ROBERT $. YOUNG and MORGAN GOODLING, all fail to survive me by thirty (30)
days, this share shall be added to and treated as a part of the shares created
in paragraph A above.
JV
ITEM ffT:"
I apPoint'~~lft:~~j~~.J~':~~~':;t;~;.N'~w c~~~';'~~nd, Pennsylvania,
guardian of any property which passes either under this will or othenvise, to
a minor and with. respect to which I am authorized,to appoint a guardian and
have not otherwise specifically done so, provided that this appointment of a
guardian shall not supersede the right of any fiduciary in its discretion to
distribute a share where possible to the minor or to another for the Dlinor's
benefit. Such guardian shall have the power to use principal as well as
income from time to time for the minor's support and education (including
college education, both graduate and undergraduate) without regard to his or
her parent's ability to provide for such support and education, or to make
payment for these purposes, without further responsibility, to the minor or to
the minor's parent or to any person taking care of the minor.
\/'
ITEM r...I.: I direct that all taxes that may be assessed in con-
sequence of my death, of whatever nature and by whatever jurisdiction imposed,
shall be paid from my residuary estate as a part of the expense of the
administration of my estate.
fA
ITEM, 'tV:
,,- ",,-'
~'.".:~.. "..rt....
.iIf."',:\,hA,;:'(~; ,\~.,
S. " .'
/:~:~.,~i'" - ,
}:';L:.,;';~ .
J appoint my daughter, JUDY
Executrix of this
my last wilL
Should my daughter, JUDY S.~fNG, fail to qualify or cease
to act as Executrix, I appoint my son, RONALD H. BRITTEN, Executor of this my
last will.
Page 2 of 5 pages
STONE, SAJER
Be STEWART
Attorneys at Law
414 Bridge Street
New Cumberland, Pa.
17070
~ r
r
ITEM V: I direct that my Executors, 0;';' guardi nus shall not be
required to give bond for the fai thful performance of th.eir duties in any
jurisdiction.
IN WITNESS WHEREOF, I, DALE A. BRtTTEN, the Testator, have hereunto
set my hand and seal thi s )'of~ day of t"l" ,Y
, 1986.
'c.-) ( SEAL)
SIGNED, SEALED, PUBLISHED and DECLARED by DALE A. BRITTEN, the
Testator above named, as and for his Last Will and Testament, and in the pre-
sence of us, who at his request, in his presence and in the presence of each
other, have subscribed our names as witnesses.
/ ~7 t 1/ /}I, /L--r,C
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Witness
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Address
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Witness
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J:.,,).!.A. (. ,j.UHu.t-0 </<" '-';;(
Address
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Page 3 of 5 pages
STONE, SAJER
8< STEWART
Attorneys at Law
414 Bridge Street
New Cumberland, Pa.
17070
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COMMONWEALTH OF PENNSYLVANIA:
:SS:
COUNTY OF CUMBERLAND
I, DALE A. BRITTEN, the Testator whose name is signed to the
attached or foregoing instrument, having been duly qualified according to law
do hereby acknowledge that I signed and exected this 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 contained.
Sworn to or affirmed to and acknowledged before me by DALE A.
-cA-
BRITTEN, the Testator, this:;{fi> day of'-mCU1 , 1986.
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Notary Publi c
BETH ANN HECKMAN, Notllry PllblIt.
New Cumberland, Cumbel'land CQIfPt .
Nrj Commission bpirn Fea. , 1'.
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COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
We,
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and ( 1}..'/..(./).l:r_,7/-C{'
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the witnesses whose names are signed to the attached or foregoing instrument,
being duly qualified according to law, depose and say that we were pre,sent and
Page 4 of 5 pages
STONE, SAJER
8< STEWART
Attorneys at Law
414 Bridge Street
New Cumberland, Pa.
17070
saw Testator sign and execute the instrument as his last will; that Testator
signed willingly and that he executed it as his free and voluntary act for the
purposes therein expressed; that each of us in the hearing and sight of the
Testator signed the will as witnesses; that to the best of our knowledge, the
Testator was at that time eighteen or more years of age, of sound mind and
under no constraint or undue influence.
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this /) 8~day of
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\-.1i tness
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Witness
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Sworn to or
affirmed to and acknowledged before
and~l~~;Lf.e r1. :h:~,'1)~ __,
me by
it~- T
./ . jj"{)(/AL--
'0
rtrJ o..'--{
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witnesses,
, 1986.
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Notary Public
BETH ANN HECKMAN, NotaryPultl1c
New Cumberland, Cumberlaoit'to., PI
Nrj Comm!~!lIl fxpirea Feb; 8, 1'"
Page 5 of 5 pages
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Directive
I direct that my following existing accounts be given, irrevocably, to my daughter,
Judy S. Britten. The balances are all calculated on or about October 15, ?005.,
1. Members 1st checking, balance of $90,989.00
2. Members 1st savings, balance of $217,015.00
3. Members 1st money mgt., balance of $38,546.00
4. Members 1st IRA, balance of $7,687.00, Judy has already been
designated as my beneficiary on this account.
5. USAA, USAAX Growth Fund, balance $272,298.00
6. USAA, USTEX Tax Exempt Long-Term Fund, balance $469,780.00
All of the aforesaid accounts, other than the IRA, had already been placed in
joint ownership with Judy, evidencing my intent that she receive these funds upon my
death. It is my intent to transfer these funds during my lifetime, rather than at my death.
However, I direct that the sum of $62,280.00, from the assigned proceeds, be
placed in a trust for my cost of nursing home care. I have calculated that amount based
upon the current average annual cost at the Todd Home for nursing care in the amount
of $79,500.00 per year, less my current annual income of $58,740.00. This will
guarantee my ability to pay the first thirty six months of nursing home care, should I
need to continue in nursing home care. My daughter Judy to make the choice on my
behalf as to place me in assisted living, if I qualify after undergoing rehabilitation, or in
nursing home care.
I give my residence, and all the furnishings therein, at 7 Greystone Road,
Carlisle, Pennsylvania to my daughter Judy S. Britten. I give my Winnebago motor
home, the coin sets at my home and my lot with three car garage in Cambria County, to
my son Ronald H. Britten.
I acknowledge that I fully understand and am aware that I am currently giving to
my heirs virtually all my assets and this is done not through any undue influence but
because of my love for all of them. I also acknowledge that I am giving substantially
more of my assets to my daughter, Judy S. Britten, and that I am doing this not
because I do not love my children equally, but because I believe that Judy needs more
of my assets to meet her future needs.
I have accumulated US Savings bonds in joint names for my son, Ronald H.
Britten and his sons, Michael Britten and Andrew Britten. I irrevocably give those bonds
to those individuals and direct Judy, who is my agent, to see that the bonds are
delivered.
I have accumulated US Savings Bonds in joint names for my daughter, Judy S.
Britten and her children, Robert S. Young and Morgan Goodling. I irrevocably give Judy
her bonds. I do not wish that those for Robert S. Young and Morgan Goodling be
delivered directly to them, but that the bonds be transferred to Judy S. Britten as
Trustee. The value of the bonds for Morgan Goodling as of October, 2005, amount to
$79,240.00 and for Robert Young $76,355.00. The provisions of the trust follow.
1. My Trustee shall set up a separate Trust for each grandchild. My Trustee
shall pay principal and income to or for the benefit of my grandchild during his or her
life as my Trustee, in her sole discretion, shall deem advisable for the health,
maintenance, support and complete education of such grandchild. In addition, my
Trustee in her sole discretion may advance funds to said beneficiary for the costs of
marriage, or the purchasing of a home or costs of entering a business or profession, if
my said Trustee shall deem such expense reasonably prudent.
2. Any and all payment or payments of any sum or sums, whether in cash or
in kind and whether for principal or income, payable to a grandchild, or any of them,
shall be made upon the sole receipt of the respective individual to whom the payment is
made, and free from anticipation, alienation, assignment, attachment, and pledge, and
free from control by the creditors of any such beneficiary.
3. Should the principal of any trust herein provided for be or become too
small in my Trustee's discretion to make establishments or continuance of the trust
advisable, my Trustee may distribute the remaining principal and any accumulated or
undistributed income outright to the beneficiaries in the proportions to which they are
then entitled to. The receipts and releases of the distributee will terminate absolutely
the rights of all persons who might otherwise have future interest in the trust, whether
vested or contingent, without notice to them and without the necessity of filing an
account with the court.
4. Any funds not distributed to a grandchild, at the time of my daughter's
death, shall be distributed to the grandchild, subject to the terms and conditions of any
trust that she may hereafter create.
All the gifts in this Directive, shall be split between the years of 2005 and 2006 so
as to maximize the federal unified gift and estate tax credit.
Executed this the
2'/ ~ day O~'I.r, 2005.
- c2~~,
Dale A. Britten