HomeMy WebLinkAbout05-17-06
PETITION FOR GRANT OF LETTERS
Estate of JOHN F. DRENNAN, JR.
also known as
No. ;ZOO/.;.- 0 :.;-- ~ if
, Deceased
Social Security No. 011-26-1095
MARY VITA DRENNAN
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE "A" OR "B" BELOW:)
~ A. Probate and Grant of Letters and aver that Petitioner(s) is/are the executTR1X named in the Last Will of the
W Decedent, dated 7/23/1997 and cOdicil(s) dated N/A
State relevant circumstances, e.g., renunciation, death of executor, etc
Except as follows, Decedent did not marry, was not divorced and did not have a child born or adopted after execution of the documents offered
for probate; was not the victim of a killing and was never adjudicated incapacitated:
o
B. Grant of Letters of Administration
(c.I.a., d.b.n.c.t.a.: pendente Irte, durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse
(if any) and heirs:
I
Name
Relationship
Residence
I
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his/her last family or principal
residence at 1009 TUNBRIDGE LANE, MECHANICSBURG
(list street, number and municipality)
Decedent, then 72 years of age, died MAY 8 2006 at HOLY SPIRIT HOSPITAL, CAMP Hill, PA
, - , (Location)
Decedent at death owned property with estimated values as follows:
(if domiciled in PAl All personal property ......................................... $
(if not domiciled in PAl Personal property in Pennsylvania .................... $
(If not domiciled in PAl Personal property in County.............................. $
Value of real estate in Pennsylvania ........................................................................................ $
Total .........................,........................... ..............................................................,. $
30,000.00
30.000.00
Real Estate situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the Last Will and Codicil(s) presented with this Petition and the grant of letters in
the appropriate form to the undersigned:
Typed or printed name and residence
~.
MARY VITA DRENNAN
1009 TUNBRIDGE LANE
MECHANICSBURG, PA 17055
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STATE FilE NUMBER
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Oath of Personal Representative
Commonwealth of Pennsylvania
County of CUMBERLAND
The Petitioner(s) above-named swear(s) and 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 representative(s) of the Decedent,
Petitioner(s) will well and truly administer the e~e according t~. . ~/
Sworn to and affirmed and subscribed J::~~ A DRENNAN.t&~U~~~
before me this I 7 l'h day of
-rYlA-4 ~ () () b
. Jd1eMtL '-I{ltIU~Mad^t:L{(LVI.,
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DECREE OF REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of JOHN F. DRENNAN. JR. Deceased No. .;(.00&-0'--/.;1. '-i
also known as
Social Security No: 011-26-1095 Date of Death: 5/8/2006
;.7'fh
AND NOW, ~ ' 2006 , in consideration of the Petition
on the reverse side hereon, satJsfac ry proof having been presented before me,
IT IS DECREED that Letters ~ Testamentary Q of Administration
are hereby granted to MARY VITA DRENNAN
(c.I.a., d.b.n.c.t.; pendente lite; durante absentia; duranteminoritate)
in the above estate and that the instrument(s), if any, datecrJUL Y 23, 1997
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Lette rs .................................... $
$
Renunciation .......................... $
$
$
$
$
$
$
Short Certificate(s) ...............
Affidavit (
) .......................
)..............
Extra Pages (
Codicil .................................
JCP Fee .................................
Inventory & Tax Forms.............
Other . ~.I.~h-:............................
AUTOMATION
TOTAL ............................$.
RW-7A
90.00
20.00
10.00
15.00
5.00
140.00
~~J./L ~i(ULf;'CL{/--CL
Registe~~dti; (~
)} ?J ,~! '
Nidt! ti/lJ ittt:tl1
,
Attorney
Attorney: DEAN A. WEIDNER, ESQUIRE
I.D. No: 06363
Address: WIX, WENGER & WEIDNER, 508 N. SECOND ST
PO BOX 845, HARRISBURG PA 17108-0845
Telephone: (717) 234-4182
DATE FILED:
LAST WILL AND TES'l'AMEN'l'
OF
JOHN F. DRENNAN. JR.
I, John F. Drennan, Jr., of Hampden Township,
Cumberland County, Pennsylvania, being of sound and disposing
mind and memory, do make, publish and declare this my Last will
and Testament, hereby revoking all wills and Codicils by me at
any time made.
ITEM I: I direct that all inheritance and estate taxes
becoming due by reason of my death, whether such taxes may be
payable by my Estate or by any recipient of any property, shall
be paid by my Executor out of the property passing under this
Will, which is not specifically devised or bequeathed, as an
expense and cost of administration of my Estate. My Executor
shall have no duty or obligation to obtain reimbursement for any
such tax paid by my Executor even though on proceeds of
insurance or other property not passing under this will.
ITEM II: I give and bequeath all of my household
furniture and furnishings, automobiles, books, pictures,
jewelry, china, linen, silverware, wearing apparel and all other
like articles of household or personal use and adornment to my
wife, Mary vita Drennan, if she survives me, or if she does not
survive me, to my then living children and my wife's then living
children, to be divided among them equally by my Executor.
ITEM III: I give, devise and bequeath unto my wife,
Mary vita Drennan, all of the rest, residue and remainder of my
property, real, personal and mixed. In the event my wife does
not survive me, I direct that my Executor shall divide all the
rest, residue and remainder of my property, real, personal and
mixed into six equal shares. I give, devise and bequeath,
outright and in fee simple one such share each to my wife's son,
Francis X. Durkin, II of Washington, D.C., and to my children,
Joann Phillips of Eldersburg, Maryland; Mary Drabik of
Lutherville, Maryland, Patricia J. Drennan of Baltimore,
Maryland and John F. Drennan, III of New Cumberland,
Page 1 of 7
~'..,; -
_~_ ,_: I.e,. _
Pennsylvania. If any of the above named children fail to
survive me, then his or her share shall be divided among his or
her issue, per stirpes. I give, devise and bequeath the
remaining share of said rest, residue and remainder of my Estate
unto my wife's son, Francis X. Durkin, II, or his successor, as
TRUSTEE, IN TRUST NEVERTHELESS, for the following uses and
purposes:
(a) Upon my death, the Trustee shall have, hold,
manage, invest and reinvest the principal of the Trust
for the benefit of my stepson, Christian J. Durkin of
Hampden Township, Cumberland County, Pennsylvania. The
Trustee shall pay to or for the benefit of my stepson,
so much of the net income and principal of said Trust
as the Trustee, in his reasonable discretion, shall
deem necessary and appropriate to maintain said child
in the proper station in life, including proper
support, maintenance, medical, hospital, nursing and
nursing home care, and high school, vocational, and
other education. Provided, however, there shall be no
mandatory distribution of principal or income, and the
assets of such Trust shall be distributed for my
stepson's support and maintenance, as aforesaid, by my
Trustee, in his sole discretion. Upon the death of
Christian J. Durkin, if he is survived by then living
issue, the Trustee shall quarterly pay the net income
from said Trust to or for the benefit of said issue,
per stirpes, living at each time of quarterly
distribution; twenty (20) years following the death of
the last to die of the beneficiaries named in this Item
III, all then remaining assets of said Trust shall be
paid to the then recipients of the income, in the
proportion by which they are then entitled to the
income.
(b) If Christian J. Durkin is not survived by any
living issue upon his death, the Trust shall terminate,
Page 2 of 7
and its assets shall be divided into as many equal
shares as there are living beneficiaries (other than my
said wife) or deceased beneficiaries survived by then
living issue beneficiary, or to such beneficiary's
named under this Item III, and one such share shall be
given to each such issue, per stirpes.
ITEM IV: In the event of the death, resignation,
refusal or inability of my named Trustee to serve as such, I
hereby nominate, constitute and appoint my sister-in-law,
Christine C. White, of Dunmore, Pennsylvania, to act as a
successor trustee. In the event of the death, resignation,
refusal or inability of Christine C. White or her co-trustee to
serve as such, I nominate, constitute and appoint my sister-in-
law, Cathie A. O'Donnell of Springfield, Virginia, to serve as a
successor trustee. In the event of the death, resignation,
refusal or inability of all of my Trustees and successor
trustees to serve as such, I nominate, constitute and appoint
Dauphin Deposit Bank and Trust Company, or its successors, to
serve as Trustee.
ITEM V: No part of the income or principal of the
property held under any Trust created hereunder shall be subject
to attachment, levy or seizure by any creditor, spouse, assignee
or trustee or receiver in bankruptcy of any beneficiary prior to
his or her actual receipt thereof. The Trustees shall pay over
the net income and the principal to the parties herein
designated, as their interest may appear, without regard to any
attempted anticipation (except as specifically provided in this
instrument) pledging or assignment by an beneficiary under a
Trust, and without regard to any claim thereto or attempted
levy, attachment, seizure or other process against said
beneficiary.
ITEM VI: In the settlement of my Estate and during the
continued existence of the foregoing Trust, my Executor and
Trustee of the Trust shall possess, among others, the following
powers to be exercised for the best interests of the
Page 3 of 7
beneficiaries:
(a) To retain any investment I may have at my
death, so long as my Executor or Trustee may deem it
advisable to my Estate or Trust to do so.
(b) To vary investments, when deemed desirable by
my Executor or Trustee, and to invest in such bonds,
stocks, notes, money markets, real estate mortgages or
other securities or in such other real or personal
property as my Executor or Trustee shall deem wise,
without being restricted to so-called "legal
investments."
(c) In order to effect a division of the
principal of my Estate or the Trust or for any other
purpose, including any final distribution of my Estate
or Trust, my Executor or Trustee is authorized to make
said divisions or distributions of the personalty and
realty, partly or wholly in kind. If such division or
distribution is made in kind, said assets are required
to be divided or distributed at their respective values
on the date(s) of their division or distribution.
(d) To sell, either at public or private sale and
upon such terms and conditions as my Executor or
Trustee may deem advantageous to my Estate or the
Trust, any or all real or personal estate or interest
therein owned by my Estate or the Trust, severally or
in conjunction with other persons, or acquired after my
death by my Executor or Trustee, and to consummate said
sale(s) by sufficient deeds or other instruments to the
purchaser(s) conveying a fee simple title, free and
clear of all Trust, and without obligation or liability
of the purchaser(s) to see to the application of the
purchase money or to make inquiry into the validity of
said sale(s)i also, to make, execute, acknowledge and
deliver any and all deeds, assignments, options or
other writings which may be necessary or desirable in
Page 4 of 7
carrying out any of the powers conferred upon my
Executor or Trustee in this ITEM VIed) or elsewhere in
my will.
(e) To mortgage real estate and to make leases of
real estate.
(f) To borrow money from any party to pay
indebtedness of mine or of my Estate or the Trust,
expenses of administration, or inheritance, legacy,
estate and other taxes.
(g) To pay all costs, taxes, expenses and
charges, except as herein noted, in connection with the
administration of my Estate or the Trust. My Executor
shall pay expenses of my last illness and funeral
expenses.
(h) To vote any shares of stock which form a part
of my Estate or a Trust and otherwise to exercise all
the powers incident to the ownership of such stock.
(i) In the discretion of my Executor or Trustee,
to unite with other owners of similar property in
carrying out any plans for the reorganization of any
corporation or company whose securities form a part of
a Trust of my Estate.
(j) To assign to and hold in a Trust an undivided
portion of any asset.
(k) In the discretion of my Trustee, if the size
of the Trust established herein shall become so small
that it is impractical or uneconomical to continue said
Trust, and if the then income beneficiary thereof is
capable of prudently managing trust assets, my Trustees
may distribute all accumulated income and principal to
the then income beneficiaries in proportion to their
income interests.
(1) The right and discretion to elect the most
appropriate settlement options for any employee benefit
plan benefits payable to the Trust, provided such
Page 5 of 7
election shall be in accordance with procedures
established by the plan's administrative committee or
administrator, as the case may be.
ITEM VII: If at any time, any minor child or
incompetent shall be entitled to receive any assets hereunder,
my Trustee, or their successor(s) appointed herein, shall act as
Guardian(s) of the assets payable to such child or incompetent
and shall have full authority to use such assets in any manner
as such Guardian shall deem advisable for the best interests of
such child, including college, university, post-graduate or
other education, without securing court order.
ITEM VIII: Any person who shall have died at the same
time as Testator, or in a common disaster with him, or under
such circumstances that it is difficult or impossible to
determine who died first, or fails to survive the Testator by
sixty (60) days, shall be deemed to have predeceased him.
ITEM IX: I hereby nominate, constitute and appoint my
wife, Mary vita Drennan, to be my Executrix (herein "Executor").
In the event of the death, resignation, refusal or inability of
my wife to serve as my Executor for any reason, I nominate,
constitute and appoint my daughter, Joann Phillips, to be my
Successor Executor. In the event of the death, resignation,
refusal or inability of Joann Phillips to serve as my Executor,
I nominate, constitute and appoint my daughter, Mary Drabik, to
be my Successor Executor. My Executor, Trustees and Guardians
are specifically relieved from the duty or obligation of filing
any bond or other security.
ITEM X: If I am survived by minor or incapacitated
children, I nominate, constitute and appoint my daughter, Joann
Phillips, or my daughter, Mary Drabik, as they shall agree, (or
the survivor if one is deceased), to be the Guardian(s) of the
person of each such minor or incapacitated child.
Paqe 6 of 7
IN WITNESS WHEREOF, I have hereunto set my hand and
seal to this, my Last will and Testament, consisting of this and
the preceding six (6) pages, this ~3 day of July, 1997.
\~ ~"AA~_ f
JOhp F. Dren an, Jr. j
.J
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-
named Testator, John F. Drennan, Jr., as and for his Will, in
the presence of us, who, at his request, in his presence and in
the presence of each other, have hereunto subscribed our names
as witnesses in attestation thereof.
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Paqe 7 of 7
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SS. :
COUNTY OF DAUPHIN
I, John F. Drennan, Jr., 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 executed the instrument as my Last Will; and that I signed
it willingly and as my free and voluntary act for the purposes
therein expressed.
Sworn to or affirmed and acknowledged before me by John
F. Drennan, Jr., the Testator, this ].. <:iay of July, 1997.
Jo
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No..t ry' Public
My Commission Expires:
(SEAL)
AFFIDAVIT
Notarial Seal
L'sa M Long, Notary Public
Harrisburg. Dauphin County
My Commission Expires April 28. 2001 ,
COMMONWEALTH OF PENNSYLVANIA
SS. :
COUNTY OF DAUPHIN
We, 1:3/( E !v/}4 .5." I-tiff: 5.TIvf7Z7;~ , ]f G f\e=U- t. L-t-e~6e." '1 Q:;,
and I)ecn f-\ - ~.L.)elrl-.(")~~, the witnesses whose names are
signed to the attached or foregoing instrument, being duly
qualified according to law, do depose and say that we were
present and saw the Testator, sign and execute the instrument as
his Last will; that the Testator signed willingly and executed
it as his free and voluntary act for the purposes therein
expressed; that each subscribing witness, in the hearing and
sight of the Testator, signed the will as a witness; and that to
the best of our knowledge, the Testator was at that time 18 or
more years of age, of sound mind and under no constraint or
undue influence.
Sworn to or affirmed and subscribed to before me by
/3/,1 Ffl.J+ S r( /'J:5~jNI-r((C--, j...e-{1 ('~Id .f- e.. !-l?t\1){f'i~ and -
-tJ.pcn (-\. - \~'O-YI~ , witnesses, this 03tC day of July,
1997.
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My Commission Expires:
(SEAL)
C:\DAW\DOCUMENTS\JFDRENNAN.WIL July 18, 1997
Notarial Seal "'ubl\c
. U Long, Notary r
LIsa 1'11. D '. County
Harri~bUrg. E ap~r:tApri' 28. 2001
My Commission x