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Home My WebLink About06-01-06 PETITION FOR PROBATE and GRANT OF LETTERS (j" 1 / D 1I -I D1.{1 3 Estate of' Robert D. Hutton also kno wn as No. To: Register of WjIls for the Deceased. County of cumberland in the Social Security No. 1 78 - 0 7 - 7 81 8 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 executrix ~ared in the last will of the above decedent, dated January L I , 19_ and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumber land CQ.unty., Pennsylvania, with h is last family or principal residence at 1 Longsdorr way, car.rl.sl.e, PA South Middleton Township (list street, number and muncipality) Decendent, then 89 years of age, died May 15, 2006 ,~~ at Cumberland Crossinq, Carlisle, Cumberland County, 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: 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: ~1 , I 000 . tt<<' $ $ $ $ WHEREFORE, petitioner(s) respectfully .Jequ~st(s) th~ probate of the last will and codicil(s) presented herewith and the grant of letters I...est:ant'ent:ary (testamentary; administration c. 1. a.; administration d. b. n. c. 1. a.) 1"'..,;) ~ g '-.- 0 0"'" '3;g 2 "I -r ('") :z: ...;~~ I "-8~ ~ ,'.'r- :Jt , ::0 N :o:J I .. 't> theron. ....... '" 'tr u c:: Il) :9~ '" -- Il) .... o:;:u c:: -g.g ~.= __u ~p.. u..... ;;0 ~ c:: bll Vi X J<V>.~ /Y1, ./liili;J---,. OATH OF' PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA I ss COUNTY OF CUMBERLAND J ' 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 well and truly administer the estate according to law. { . c-1.,.~<Z. 4{,~ Jane,M. Hutton Sworn to or affirmed 5 ~nd subscribed before~ .' -l9~ , . ~ ~l')1tt't~ ~ Rister Vl ~. ~ ~ - ;:: ~ ~ w ~CJ ~ !"n :,::':; c:> 1""(' -n C") r'" ill : ~'~.:. <'~ dZl-O&- 473 No. Q {.~ (0 - Ocr 7 ~ Estate of Robert D. Hutton , Deceased DECREE OF PROBATE AND GRANT OF LETTERS ~tr.V0 th:~~:eOs~e hereof, SatiSf~ry Lo~-;';~~~~~;;r:'~nled ~ei:O:eO::~eration ,',e "",irk\!' on IT IS DECREED that the instrurnent(s) dated January 21, 1 997 described therein be admitted to probate and filed of record as the last will of Robert D. Hutton and Letters Testamentary are hereby granted to Jane M. Hu t ton ~~ rft//lL1 ~??a3b~,<--, '. ~~ 74~ ~h . -pA R,g;st" of Will, ~ FEES ft( Probate, Letters, Etc. ......... $ 0 Short Certificates{J j' . .. .. . . ., $ (J. N R~ " .j tV MlJ $ IS-Vi) t ullLraUon .... ........... tV I ( s /5. ~ TOTAL _ $ l; 5) Filed ...... .lP.I.~l'G V . . . . . . . . . . . . . . . . . . . . J;; L i..... ~. NAlj I,v ("fa -}(~V A ITORNEY (Sup. Ct. J.D. No.) MS. ~IlDVt,Y ~. O~/,d, 1'4 ADDRESS I 1J1- j.~~-'laf37 11IJJ.3 PHONE "t/d 'UJ C.Ji';v'iLEld/'Jn8 lbnOJ S,NVHdClO :10 >18318 C I :2 Wd I - NOr 9DOl "~_I '"'. ,~Q LJ~Sljj(~ -I J ]. 11...-1/ I OJ.""'; )'1"--' . ..'- ~'vI.JJV I :Jd:JLiJ.jd HI0'i.X05 REV 1105 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. WARNING: It is illegal to duplicate this copy by photostat or photograph~ . No. Fee for this certificate, $6.00 .r p 12495758 LS-f' ~ -t?~ ~ c9ate ~ ~.:c,_ ::0 C- '2 -u c= ,'.j:r~O z ..J '1-0- r- - 2': rn I _ ,.:; :::0 u-'::::::" _00 : .2ul1 ',.Ie . :::D --i :g -0 :Jt ,;:; tt~ b~;g 1 -'Ii r--n ~c C:J (::J --;'1 -1, (~=s rn N .. w "105 \Q".OI.()l T'IPU'IlIlf II PERIWIEN1' IlACIINl( 1. _oI00c_tf.........1uQ Robert D. Hutton 5 Ago (\Ml ~ COIIIIONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS CERTIFICATE OF DEATH STAlEFllENUIlER 3. _ Securly..... ~. DIIo 01 ~ \IIDI*...,.,.oj 178 _ 07 May 15, 2006 s. Middleton Twp. 12. _o...lonI_.IlIUS 13. ~.EduoaIioo __~? a..._....~....., P.121 ~v.ONo lot: =-'"....... 17a. SloIoPennsvl vania 111l.CGuolJ Cumberlnad It. -.-tfiIII......-....... Laura Ruth Doan 2IIIll. _.......-(ShoI.......-..~ 10. _-......1IIdl. -,-' I""'" White 1~. _s..:___-. 15. SoInIioinI__lI.........-.t Wm='''''''' 17c.~ v"_lMIl.Sio1.Jo.tj~1'tt:oi'l r. _01 ......._ 1liIIl0l~ & Klst:a:s lH. 0 ...._UooI... "'~0I CIIIIi8DlII 1" F.......Nomotfilll.1IidiIo.1IIIl Sidne B. Hutton 2llL _._(T~ Jane M. Hutton c 21.. _ 01 DiIpooIiDo ~ 0... Xl ~ 0 ....._SIoIo :;:) 0 0Iw. ~ . 22a. SignoIuNoI__~(or_""'.'" ::J. 213 East Madison st., Lancaster, PA 1~ 21e. ...... 01 DiIpooIiII"" 01..-,....-, co......... East Harrisburg cemetery 3127 Walnut st., ONo C-HF ... ;. 21. DIU_llIIc:.IIolt.. ~g= 21. I~ 0................,.. o ..........01.. o ........................ a.... .... o ..................C1......,,.. -.. o ~1.........IlI...,.. .. ........"""'....~..r-..~: -...... ....., ......-- """.:--. _.._ ... ..........11I ........_..... """ L c. """IDr.._,* . """IDr'.._,* .:P d. _ _II""" .. _~F''''' -~ --..e.......,. 0IC-0I~? ov. Mo OV.OMo Sl. ""0I~ ..-.. 0........ 0....... 0.................. o _ 0 CUIl...ea_ 4 SIlL DIIo 0I1nP1'......,. JIll) D. o..Ilo....., 00aInd: :ad. T_oIlnP1' SIlL .._ o V. 0 No 321. 1T~..,c""'" o~o,,- o ....... 0 c-.-~ a SigoAn Old TIll oIC1ol11or Qt'Zi _ L.IIcoIiIIo $aIl................ 100 :. H 'Q~ Sf N FWV1~"E f'~ J7,-'I1 mO oilo~7 6. ~DIIo;.bSfrt 34. Ilonoo .......... 01..... _ c:.oo..- C- 01 ~ <<-21J T"",,",, !z: w c w u w C ... o ~ z II. 330. c.-. (clID"" o0oi CIIlIIytne__~"""_oI_____"'___IIllI""" "'Z11 T.... _.. "" -...... --..........cI/.... _....... "--'doI.......,......,....(PIlraIoiao _........... _lIIlII...... _ 01..... T. III _.. "" -...... __....-...........~........ ...cauaIl".... _....... IIoIlIUl 0...._.. n 21-Q'o-OLf73 c: \wp51 \wills\hutton. rbt 1JJn!it 3lIIIill nub illt!ibtttttm OF ROBERT D. HUTTON I, ROBERT D. HUTTON, of41 Bullock Circle, Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this as and for my Last Will and Testament, hereby revoking and making void any and all former Wills, Codicils, or writings in the nature thereof, by me at any time heretofore made. FIRST: I hereby order and direct my Executor, hereinafter named, to pay all my just debts, funeral expenses, testamentary expenses and all Inheritance, Estate, Transfer and Succession Taxes, as soon as may be conveniently done after my , ~ death, out of my residuary estate. SECOND: I hereby give to my wife, DOROTHY M. HUTTON, all of my personal effects, clothing, furniture, furnishings, jewelry, automobiles, and any other tangible personal property of every kind and any insurance thereon, provided she survives me for a period of thirty (30) days. If she shall not so survive me, then I give the same in equal shares to such of my children as survive me, to be divided among them as they may agree, or if they are unable to agree, as my Executor may decide. Any items of value not so disposed of shall be sold by my Executor \a;,c[tme;praceettfSJadded to my I \ If'i(~f" f\ , !, ; I IUQ .J..O 11.),) \),J\'jt--tad Residuary Trust. :10 >!tB18 8 I :2 '~d I - Nnr 9GlJl 1 __ t ,._,; 'n'." . jC JJdjG. OjUdCCjd :2 1-- o Cu.- 047 J c: \wp51 \wills\hutton. rbt THIRD: In the event that my wife, DOROTHY M. HUTTON, survives me, I give to the DAUPHIN DEPOSIT BANK AND TRUST COMPANY, of Carlisle, Pennsylvania, or its successors, IN TRUST, for the benefit of my wife, to hold in trust (hereinafter referred to as Marital Deduction Trust), assets equal in value to an amount which, when added to the final estate tax value of all of the property included in any gross estate which passes to my wife, and which qualifies for the federal estate tax marital deduction, will entitle my estate to the minimum federal estate tax marital deduction, allowable in determining the federal estate tax payable by reason of my death, necessary to reduce my taxable estate to an amount on which no federal estate tax. is due and the federal unified credit available to my estate is fully utilized; provided that the allocation to the marital trust shall be satisfied only from assets qualifying for the marital deduction. My trustee shall invest and manage the marital deduction trust in a manner which will not disqualify the marital deduction, and will make distributions as follows: A. During my wife's lifetime: (i) The entire net income shall be paid to her at least monthly: (ii) As much of the principal as my trustee may from time to time think desirable for her welfare, comfort or support shall be paid to her; and (iii) She shall have the unrestricted right to withdraw any part or all of the principal at any time. B. On my wife's death, any then remaining principal shall be paid to such one or more persons or organizations, including her estate, on such terms as she may appoint by a will specifically referring to this power of appointment. 2 c: \ wp51 \ wills \button. rbt C. If my wife does not exhaust her power of appointment under the preceding paragraph, on her death: (i) Any increase in death taxes or administration expenses in her estate caused by inclusion of this trust in it for tax purposes shall be paid out of the unappointed principal, and a written statement by her executor or administrator of the amounts payable may be accepted as correct; and (ii) The balance of the unappointed principal shall be added to and thereafter treated as a part of the principal of the Residuary Trust, as identified below. FOURTH: After my death, my Trustee, DAUPHIN DEPOSIT BANK AND TRUST COMPANY, shall invest and manage all the property not allocated to the Marital Deduction Trust as a separate trust, referred to as the Residuary Trust, and make distributions as follows: A. If my wife, DOROTHY M. HUTTON, survives me, during her lifetime: (i) The net income shall be paid to her in monthly or other convenient installments; (ii) as much of the principal as my trustee may from time to time think desirable, taking into account funds available from other sources, for the health, support, maintenance or education of my wife or any of my children either shall be paid to that person or shall be applied directly for those purposes. However, none of the principal of this trust shall be paid or applied for the benefit of my wife unless the principal of the marital deduction trust has been exhausted; and (iii) After the Marital Deduction Trust has been exhausted (or after my death if no Marital Deduction Trust will be established), my 3 ~: \wp51 \wills\huttOll.rbt wife shall have the right in each calendar year to withdraw from the principal up to $5,000 at any time and, in addition, if she is living on December 31 of any year, to withdraw up to 5% of the fair market value of the principal determined on December 31 of that year (the amount subject to withdrawal as of December 31 to be reduced by any prior withdrawals during that year, any rights of withdrawals for a particular year to lapse if not exercised during that year). B. Upon my wife's death, if she survives me, or mine if I survive her, my Trustee shall distribute the entire remaining principal of this Trust in equal shares to my children, JANE M. HUTTON, of 310 North Lime Street, Apartment #4, Lancaster, Pennsylvania; ROBERT D. HUTTON, JR., of Box 185, Hoonah, Alaska 99829; and WilliAM R. HUTTON, of 1109 Furuhelm Street, Sitka, Alaska 99835, per stirpes, and not per capita. Any income earned by the Trust as of the date of my wife's death, and not yet distributed to her, shall be an asset of her estate and shall be distributed in accordance with the terms of her Will. FIFTH: In funding the Marital Deduction Trust, only property eligible for the marital deduction shall be used. Property distributed in kind in satisfaction of the marital deduction shall be distributed at the lower of (i) its value at the time of its distribution and (ii) its adjusted federal income tax basis. Subject to the foregoing and without regard to the effect upon the size of the Residuary Trust, my trustee shall have absolute discretion in selecting the property to be allocated to the Marital Deduction Trust. 4 c: \ wp51 \ wills \huttoo. rot SIXTH: All federal, state and other death taxes payable because of my death shall be paid out of the principal of the Residuary Trust. None of those taxes shall be charged against the Marital Deduction Trust or any beneficiary, and no property which would be otherwise exempt from federal or state death taxes shall be used to pay any death taxes under this article, or attributable to my estate generally. LASTLY: I nominate, constitute and appoint my wife, DOROTHY M. HUTTON, to be the Executrix of this my Last Will and Testament. In the event of her death or her inability or refusal to serve, I nominate, constitute and appoint my daughter, JANE M. HUTTON to be the Executor. In the event of the death or disability, or the inability or refusal of both of them to serve, I nominate, constitute and appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY, of Carlisle, Pennsylvania, to serve as Executor hereof. The Executor and Trustee are specifically relieved from the duty or obligation of filing any bond or other security. ~ 1 sJ- IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of ...JCAM "d - ~d,ed-~. ~~ Robert D. Hutton , 1997. SIGNED, SEALED, PUBLISHED and DECLARED in the presence of: ..~ 5 c:\wp51 \wills\hutton.rbt COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, ROBERT D. HUTTON, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to apd acknowled HUTTON, the Testator, this ;:) ) .<1..-+ day of by ROBERT D. ,1997. ~~~.~ Robert D. Hutton, Testator ~~'4rii-an(I/~~ No Publi NOTARIAl. SEAl TERESA J. BURKHOlDeR, NOtary PuI;IIc Cartl8le, Cumberland County, PA My CommI&slon Expires Feb. 21, 2000 6 c:\wp51 \wills\hutton.rbt COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND We, James D. Flower, Jr. and Merlene Marhevka , 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 Testator sign and execute the instrument as his Last Will; that ROBERT D. HUTTON 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; 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 or affirmed to and subscribed to before me by James D. Flower, Jr. c-;2 , ~ and Merlene Marhevka this day of 1tH~J ,1997. C::~A ~~ic~W/J NOTARIAL SEAl.. TER&8A J. I!IURKHOLDER, Notary. PubIc CMlIIe, Cumbet1Md County,PA My OOI'Mlllllan EJpIres Fm. 21, aooo 7