HomeMy WebLinkAbout02-21-06
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of Michael J. Broderick No. ~ 1- 0(0 - t Lo~
also known as To:
Register of Wills for the
, Deceased. County of Cumberland in the
Social Security No. 322-16-0097 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the execut rices named
in the last will of the above decedent, dated Februarv 6. 2003
and codicil(s) dated N/A
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland County, Pennsylvania, with
h is last family or principal residence at 113 Parkview Road: New Cumberland: Borouah of
New Cumberland
(list street, number and municipality)
Decedent, then 84 years of age, died Februarv 15. 2006
at Messiah Villaae: 100 Mt. Allen Drive: Mechanicsbura: Cumberland Countv. 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:
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:
$
$
$
$
3.000.00
0.00
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15 Laurel Oak Drive
Boilina 80rinas
7 Morgan Avenue
'----P.almvra
PA 17007
NJ 08065
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA} ss
COUNTY OF Cumberland
The petitioner(s) above-nam.ed 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 a d ly administer th~tate according to law.
Sworn to or affirmed and subscribed " X. ~ /< . V:l
.. OQ'
before me this dav of ;::;
{7.- U~ ., ~
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2
No. (~/-O~?-/ hJ..
Estate of Michael J. Broderick , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW d - if{ (-- 0 G , 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 2/6/2003
described therein be admitted to probate and filed of record as the last will of
Michael J. Broderick
and Letters Testamentary
are hereby granted to
Ellen L. Myers and Joan M. Sisserian, f/k/a Joan M. Broderick
FEES dJ CO
Probate, Letters, Etc.. . . . . . . . $ ,
Short Certificates (1 } . . . . . . $ ;;J g .00
.~"",_\\JI3tp~AL: : ~'g8
TOTAL _ $ <6' . OU
Filed. . . . . . . . . . . . . . . . . . . . . . . .
.fuu
19211
ATTORNEY (Sup. Ct. !.D. No.)
3211 North Front Street PO Box 5300
Harrisburq PA 17110-0300
ADDRESS
(717) 238-8187
PHONE
LAST WILL AND TESTAMENT
OF
MICHAEL J. BRODERICK
I, MICHAEL J. BRODERICK, of New Cumberland, Cumberland County; Pennsylvania,
\ .._~
revoke any prior Wills and Codicils and declare this to be my Will.
ITEM 1.
(a)
I give my household and personal effects and other tangible
personalty of like nature in as nearly equal shares as practicable to my children, SUSAN 1.
BROOKS, ELLEN L. MYERS, and JOAN M. BRODERICK, subject to the survival provisions
of this Will. I direct that my Executrices take into account any wishes I may have expressed in
making distribution of my household and personal effects and other tangible personalty.
ITEM 2.
I give all the rest, residue, and remainder of my estate in equal shares to
my children, SUSAN J. BROOKS, ELLEN L. MYERS, and JOAN M. BRODERICK, if they
have all made equal monetary contributions to my maintenance and support. If, however, any
daughter or daughters have contributed less to my maintenance and support, then that daughter's
or those daughters' shares of the rest, residue, and remainder of my estate shall be
proportionately diminished, so that the daughter or daughters who contributed more shall
receive back the moneys they contributed to my maintenance and support before the rest,
residue, and remainder of my estate is distributed as set forth herein.
ITEM 3.
(a)
Ifmy daughter, SUSAN J. BROOKS, is not living on the thirty-
first day after my death, I give her share to her issue per stirpes who survive me by thirty days,
subject nonetheless to the trust provisions of this Will.
Document #.- 248/85./
(b) If my daughter, ELLEN L. MYERS, or my daughter, JOAN M.
BRODERICK, is not living on the thirty-first day after my death, I give her share to her estate, to
be distributed pursuant to her will. If either of these daughters has no will, I give her share to her
estate to be distributed to her intestate heirs.
ITEM 4.
I direct that all my just debts and the expenses of my illness and
disposition of my remains shall be paid from my residuary estate as soon as practicable after my
death as part of the expense of the administration of my estate.
ITEM 5. I direct that if any beneficiary is under eighteen (18) years of age at the
time of my death, except for tangible personalty which may be distributed in kind to the
beneficiary, the beneficiary's share shall be held in trust, with the Trustees to be empowered to
expend both income and principal for the beneficiary's health, maintenance, and support, and the
beneficiary's education beyond high school; such expenditures shall be in such amounts as my
Trustees, in their sole discretion, may determine. Any sums remaining in the trust shall be
distributed outright to the beneficiary upon the beneficiary's attainment of age eighteen (18). I
request that in exercising their sole discretion to make distributions, my Trustees take into
account all other resources owned or available to my grandchildren and all other resources to
which they are legally entitled from any other person or source.
ITEM 6. In addition to the powers granted by law or by other parts of this Will, my
Executrices and Trustees shall have the following powers:
(a) To retain any and all assets of my estate, real, personal, or mixed,
without regard to any principle of diversification, risk, or productivity, except as may be
otherwise expressly provided herein;
Document #: 248185.1
(b) To sell at public or private sale, to exchange, to lease, to pledge, to
mortgage, to transfer, to convert, or otherwise dispose of, and to grant options with
respect to, any and all property, real, personal, or mixed, at any time forming part of my
estate or trust estate in such manner, at such time or times, for such purposes, for such
price or prices and upon such terms, credits, and conditions as may be deemed advisable;
( c ) To invest and reinvest the trust property in stocks, bonds,
mortgages, notes, insurance policies, annuities, common trust fund participation, or other
property of any kind, real, personal, or mixed, irrespective of any statute, case, rule, or
custom limiting the investment of trust funds, except as expressly provided otherwise
herein;
(d) To settle, compromise, contest, prosecute, or abandon claims in
favor of or against my estate or any trust as may be deemed advisable;
(e) To allocate receipts and disbursements to principal or income or
partly to both and to ascertain principal or income in accordance with the laws of the
Commonwealth of Pennsylvania;
(f) To make distribution or division of the trust or estate in cash, in
kind, or partly in both, to postpone distribution by agreement with a beneficiary and to
distribute articles of tangible property to a minor or to any person to hold for a minor
within the limits authorized by statute or rule of law;
(g) To exercise any law-given option to treat administration expenses
either as income tax or estate tax deductions, without regard to whether the expenses
were paid from principal or income, and without requiring reimbursement;
Document #: 248185.1
(h) To carry on and/or to windup, sell, or discontinue any business
interest in which I may be engaged at the time of my death;
(i) To distribute articles to a minor or to her or his guardian or to any
person taking care of the minor to hold for the minor within the limits authorized by
statute or rule of law;
(j) To disclaim inheritances and interests in property;
(k) To carry out the terms of any agreement I may have entered into to
sell all or any part of any property or interest I may own in any property or business at the
time of my death;
(1) To join with my spouse in filing any federal income tax returns for
any year in which such joinder is permitted by law and to pay all or such ratable share of
any taxes due thereon as my fiduciaries shall deem proper, and to join or consent to any
gifts made by my spouse during my lifetime as having been made one-half by me for the
purpose of any federal gift tax law;
(m) To invest and reinvest the principal of the trusts, together with any
accumulated income thereon whenever such accumulation has been permitted by the
terms hereof, in all forms of property, real, personal, or mixed, including but not limited
to stocks, bonds, common trust funds, mortgage, investment funds, insurance policies,
and annuities, without being limited by any statute or rule of law concerning investments
by fiduciaries;
(n) To employ attorneys, auditors, depositories and proxies with or
without discretionary power; and
Document #: 248185.1
(0) To keep property in the name of a nominee with or without
disclosure of any fiduciary relationship.
ITEM 7.
No gifts under this Will or under any trust established hereunder shall be
subjected to anticipation, assignment, pledge, attachment, or execution.
ITEM 8.
No bond shall be required of my Executrices or Trustees, but if bond is
nevertheless required, it shall be without surety.
ITEM 9.
I appoint my daughters, ELLEN L. MYERS and JOAN M. BRODERICK,
Co-Executrices. If either fails to qualify or ceases to act, I appoint the other as sole Executrix.
ITEM 10.
I appoint my daughters, ELLEN L. MYERS and JOAN BRODERICK,
Trustees of any trust established pursuant to my Will. If either fails to qualify or ceases to act, I
appoint the other as sole Trustee.
ITEM 11.
For the convenience of my Executrices, I note that this Will has been
prepared by Jered L. Hock, Esquire, and the firm of Metzger, Wickersham, Knauss & Erb, P.C.,
Harrisburg, Pennsylvania.
I (fh..
Executed this ~ day of
~')
\. ,/
. ~
, 2003.
'J;Ul'lh'~A Y~,~L-~/;;
Michael J. Broderick
Signed, sealed, and published and declared by the above-named Testator, MICHAEL J.
BRODERICK, as and for his Last Will and Testament, in the presence of us, who, at his request,
in his sight and presence, and in the sight and presence of each other, have hereunto subscribed
() ames as witnesses.
Address
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Address
~P1 Y} IC..s. 6 (,{ v tf / rl
Document #: 248/85./
Commonwealth of Pennsylvania
ss
County of D<.\,IlP~;n
\/ We, MICHAEL J. BRODERICK, and J-evc:ol L - +fc:, c.lc- , and
1 OUtJG1/7(..,(M fLoo , the Testator and the witnesses, respectively, whose
names are signed to the attached or 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 he had signed willingly (or willingly directed another to sign for him), and that he 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 witness and that to the best of our
knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no
constraint or undue influence.
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,,' :/e::t7~ue' Jhtf~r~e'~h.---
Testator
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Witness
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1 ness
SWORN to or affirmed and acknowledged before me by the above named Testator and
witnesses this fore... day of F{" h V"C{ ex ry , 2003.
UilA. IYJ -m;.tL~
Notary Pu ic
My Commission Expires:
(SEAL)
Notarial Seal
.Angela M.. Miller, Notary Public
CIty of Hamsburg, Dauphin County
My Commission Expires Oct. 15, 2006
Document #: 248/85./