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HomeMy WebLinkAbout04-18-06 PETITION FOR PROBATE and GRANT OF LETTERS Amy B. Brown No 21-06 - \"J"3"3 \c To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsyl vania Estate of also known as Social Security No. The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the executor in the last will of the above decedent, dated and codicil(s) dated N/A named (state relevenat circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 1834 Basin Hill Boulevard, North Middleton Township (list street, number and municipality) Decedent, then years of age, died April 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: No Exceptions 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: $ unestimated ~.., D {' ~ $ $ $ "( ~(~.", .... Total: ~r.s-; O<D(!)ro unestimated WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary (testamentary; admi ni strati on c. t. a.; admini strati on d. b. n.c. t.a. ) alne . rown 1834 Basin Hill Blvd Carlisle PA 17013 UA'l'H U~' P~KSUNAL K~PKS~Nl'A'llV~ COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and correct to the best of the knowledge and belief of petitioner( nd that as petS 1 represen-- tative(s) of the above decedent petitioner(s) will well and truly ad .n. H e" ate -'ccof ingto law. Sworn to or affirmed and subscribed before me this i 7th day of April, 2006 -#,b~~M~egister Estate of No. 21-06 ... ~ ~ 3~ Amy B. Brown Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~~ ~ \L ~ % 20 ~~ , 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_ Aug. 20,2001 described therein be admitted to probate and filed of record as the last will of Amy B. Brown and Letters Testamentary are hereby granted to Blaine M. Brown FEES Probate, Letters, Etc. $ ~ \ ~ . Short Certificates{3) $ \..~ . R.eRHRciatioH \N \\.\. $ \S . ~ ~~ " ~'^\.~ $ \S . TotaI_ $ '3 'S~ .~~ . '-\ \ ~ - ~\c F II ed. .. . . . .. . :: . .. . . .. . . . . . .. . . : . . .. . .. . . . .. (2,~ ~~ ~ ~) ~ . ~ ~ \ Register of Wills "). ~ '~ ~ -.he ~ ~rr Robert M. Frey #06274 ATTORNEY (Sup. Ct. I.D. No.) 5 South Hanover Street Carlisle, Pennsylvania 17013 ADDRESS (717) 243-5838 PHONE REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS Estate of Amy B. Brown NO. 21-06 - ~ ~ 3\c Also known as ~Deceased Robert M. Frey and Trisha A. Liess (each) a subscribing witness to the will presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that they were present and saw AMY B. BROWN, the TESTATRIX, sign the same and that they signed as a witness at the request of AMY B. BROWN, TEST A TRIX in their presence and (in the presence of each other) (in the presence of the other subscribing witness( es)). Sworn to or affirmed and subscribed before me thi s " ~ ~", day of ~~~\\- .) 2006 S~~ ~<:\.N~""', ~J':!"~~' '\ RegIster ~ -':hr. '/..~ Robert M. Frey 5 S. Hanover Street. Carlisle PA 17013 /~h~ W~ Trisha A. Liess 5 S.Hanover Street. Carlisle PA 17013 c~~ v.~~. ~.'~')\) ~~ ~"'" ~,,, "" ~~ cA.. "~ \ ..) Deputy ;}.. \ \ , , - \" -, ,. . " ,,',J;) \:' LAST WILL AND TEST AMENT OF AMY B. BROWN I, AMY B. BROWN, of North Middleton Township (mailing address: 1834 Basin Hill B.oule,:ard, C;arlisle, Pennsylvania 17013), Cumberland County, Pennsylvania, being of sound and disposmg !!lmd, memory and understandmg, do hereby make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter named personal representative to pay all of my just debts and funeral expemes as soon after my death as may be found convenient to do so. I further direct that all inheritanc,e, t~ansfer, successio~, estate and death taxe~ which may be payable on account of my death, mcludmg mterest and penalties thereon, shall be paid from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 2. All of the furniture and household furnishings and tangible personal property generally located in the home occupied by my husband, Blaine M. Brown, and me are owned jointly by us as tenants by the entirety. 3. If my husband, Blaine M. Brown, survives me, in such event I give, devise and bequeath to my hereinafter named Trustees, in Trust, for the uses and purposes hereinafter set forth. A sum equal to the amount which will exhaust the Unified Credit to which my Estate may be entitled for purposes of Federal estate tax, but not more than $1,000,000,00, which Unified Credit is presently equal to approximately $675,000.00 and presently scheduled to increase to $1,000,000.00 on January 1, 2002, which sum shall be less the total amount, if any which may be payable to the Trustee on account of insurance on my life, it being my intention that the provisions of this paragraph No.3 shall completely exhaust, but not exceed, the Unified Credit for federal estate tax, and therefore the amount to be held in trust shall be increased by any increase hereinafter enacted for the Unified Credit up to $1,000,000.00. In making the computations necessary to determine the amount of this trust, the final determinations for Federal estate tax purposes shall control. During the lifetime of my husband, Blaine M. Brown, the income arising from said Trust shall be paid to him or for his benefit at regular intervals at least annually so long as he shall live and at his death said Trust shall be disposed of as follo'Ns: The principal thereof shall be divided into three (3) equal shares, one share for my daughter, Debra B. Richcreek, which shall be distributed in accordance with subparagraph "a" of paragraph No.4 hereinafter set forth; one share for my daughter, Cinda B. Grove, which shall be distributed in accordance with paragraph "b" of paragraph No.4 hereinafter set forth; and the third share shall be distributed in accordance with subparagraph "c" of paragraph No.4 hereinafter set forth and distributed as therein provided. 4. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to my hisband, Blaine M. Brown, his heirs and assigns, provided he shall survive me by a period of ninety (90) days, but should he fail to so survive me then in such event I give, devise and bequeath the same as follows: a) one-third to my daughter, Debra B. Richcreek, her heirs and assigns, provided she shall survive me by a period of ninety (90) days, but should she fail to so survive me then to such of her legitimate issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, and if there be no such issue the same shall lapse. b) one-third to my daughter Cinda B. Grove her heirs and assigns, provided she shall survive me by a period of ninety (90) days, but should she fail to so survive me then to such of her legitimate issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, and if there be no such issue the same shall lapse. c) The remaining one-third thereof shall be paid in equal shares to such of my five grandchildren, their heirs and assigns, as shall survive me by a period of ninety (90) days, per stirpes, but should any grandchild of mine fail to s~ survive m~ .then ~he share such de~eased grandchild would have received shall ~ass to SuC? of hiS or her legitim~t~ issue. as shall surVive me by a period of ninety (90) days, per stupes, and if there be no such leg~timate issue.the same s~all lapse and be added proportionately to the shares of the other grandchildren, per stirpes. My five grandchildren are Christopher A. Richcreek, Jessica E. Ellis nee Richcreek, Rebecca L. Grove, Page 1 of 3 ,-' /,-. Robert Lee Grove, n, and Michael David Brown. 5. The meaning of "legitimate issue" as used in this Last Will and Testament shall be limited to a child or children born to a female descendent of Testatrix regardless of whether the mother is married to the father of such child or children, and shall be limited to a child or children born to a male descendent of Testatrix where the father of such child or children is married to the mother either before or after the birth of the child or children. In any case the meaning of "child" or "children" or "legitimate issue" as used above shall NOT include any adopted child or children. 6. No title, in any trust herein created, or in the income accruing therefrom, or in its accumulation, shall vest in any beneficiary and no beneficiary shall have the right or power to transfer, assign, anticipate or encumber his or her interest in said trust, or the income arising therefrom, prior to the actual distribution thereof by the Trustee to the beneficiary. Further, neither the income nor the principal of said trust shall be liable in any manner, in the possession of the Trustee, for the debts, contracts or engagements of any of the beneficiaries. 7. Should any person less than 21 year of age be entitled to distribution from my estate, or any trust herein created, in such event I nominate, constitute and appoint my husband, BLAINE M. BROWN and my daughter DEBRA B. RICHCREEK and my daughter CINDA B. GROVE and the survivors of them as Guardians of the Estate of each such person and authorize and direct them to receive and to invest the same, and to pay the income arising therefrom together with so much of the principal thereof as in their opinion is necessary or desirable to be expended for the proper maintenance, education or medical and hospital expenses of such person, to or for the benefit of such person, and upon such person attaining 21 years of age to pay to him or her the then remaining principal together with any undistributed income. 8 I hereby nominate, constitute and appoint my husband, Blaine M. Brown and my daughter Debra B. Richcreek and my daughter Cinda B. Grove and the survivors of them as Trustees of each trust created under this Will and I direct that none of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 9. The compensation to which the Trustees of any trust are entitled shall not exceed six- tenths of 1 % of value of the trust calculated annually and if the within named Trustees or their successors are unwilling to accept the trust h~reinbefore established, then an alternate trustee or successor trustee who is willing to accept such maximum compensation shall be appointed and be approved by the court having jurisdiction. 10. I nominate, constitute and appoint my husband, Blaine M. Brown as Executor of this my Last Will and Testament but should he predecease me or fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint my two daughters, Debra B. Richcreek and Cinda B. Grove, or either of them, as alternate or successor Executrices. I further direct that none of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania, or in any other jurisdiction. 11. In addition to the powers conferred by law, my hereinbefore named Executors and Trustees and Guardians, and their successors, are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolid~tion or reorgar..izatioll of such corporations; to pay ali assessments, subscriptions and other sums of money which may be. deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. Page 2 of 3 .':_:~C ~'_,/ "....... c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. J. To retain and invest in shares of stock of the Trustee. k. To retain any investments including mutual funds which I may own at the time of illY death and in addition to invest any pan of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on three (3) pages, this ..2..0 tLday of ~ "'2001. (~~c')L ./i ,/)' .; Amy B. ~rown l~_:;?\,j/~ -'(2: ~.:<:- " '/~'- (SEAL) Signed, sealed, published and declared by AMY B. BROWN, the Testatrix above-nam~d, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and In the presence of each other, have hereunto subscribed our names as attesting witnesses. ---~~ Je'1-u.l~.4. ')..~.V1---- ..... d ci \/,.......',. ;' , . \ M.<, It_ .... ~ 4 Page 3 of 3