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HomeMy WebLinkAbout06-30-06 . Register of Wills of Cumberland County Estate of SAUL ROSNER also known as PETITION FOR PROBATE and GRANT OF LETTERS No. fAl-CJ1; - 5 fL/ To: ,Dece ased Social Security No. 042-12-5883 Register of Wills for the County of Cumberland in the 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 ors named in the last will ofthe above decedent, dated SEPTEMBER 4 , 20 03 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Pennsylvania, with h~ last family or principal residence at 895 MANDY LANE - CAMP HILL, PA 17011 (list street, number and municipality) CUMBERLAND County , Decedent, then ~ years of age, died MAY 30 , 20~, at LAUDERDALE LAKES, FLORIDA 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 (Ifnot 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: $ 1,000,000 $ $ $ 200,000 895 MANDY LANE CAMP HILL, PA 17011 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant ofletters TESTAMENTARY thereon. Signature(s) ofPetitioner(s) (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) Residence( s) ofpetitioner( s ) J(&~~~ -~c--i~ ~-_/ e2- 3540 COUNTRYSIDE LANE - CAMP HILL, PA .-....) .~~:': :) :> :<~l 3540 COUNTRYSIDE LANE - CAMP HILL, PA .,' "'\ . ~':5 . .-., J . -"r') . ,::J ,;;,-~ ::'.J .~ CJ - 1-T1 ) ':'J C) CJ1 . 'roo, . Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best ofthe knowledge and belief ofpetitioner(s) and that as personal representative(s) ofthe above decedent petitioner(s) will well and truly administer the estate according to law. ~~~ D- ~~, { ~/~: [/) ~. I ~ l OtUA31- (, Register ~iX1 No.C:U -~ - 5'?4 Estate of ~G~ Ko.S-Nr , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW 30 2a:flp, in consideration of the petition on the reverse side hereof,.s~tisfac _ ]?roofhaving been pres~nted bef~re me, I~ IS DECREED that the instrument(s), date~ q - L\. ~OO ~ , descnbed therein be admitted to ~robate filed of record as the last 'rIll of &,. - ~ ~5n 0 ; and Letters are hereby granted toOO-,.., &Jdste i Yl (ttld I C'.., '0 ^(, , G:,,-'\(l~.:'-:' l./~~~I\.~ ~ FEES Probate, Letters, Etc. ............. Will............................ ..... Automation Fee................... Bond............................. .... Total Filed "~2>D $J loO ,no $ \ s-- d:::> Renunciation....................... $ Short Certificates ( ).. .. . .. .. . .. $ ~ . <:0 JCP.................................. $ \0. em $ S. (it) $ $ ~3D. co 20 6'0 Address c.. Attorney (Sup. Ct. J.D. No.) Phone .:....) <::) Ui --:) ;--, Yes LAST WILL AND TEST AMENT OF SAUL ROSNER I, SAUL ROSNER, of Cumberland County, Pennsylvania, do hereby make this my Last Will and Testament, revoking any former Wills and Codicils made by me. FIRST: I have three children: Haskell David Rosner (born November 18, 1947); Beth Goldstein (born March 29, 1950); and Susan Flynn (born December 29, 1951). These and any other children born to or adopted by me are described in this Will as "my children," or as "a child of mine." Any person born to or adopted by a child of mine is described in this Will as "my issue." Provided, however, that no adopted person shall benefit hereunder unless the order or decree of adoption is entered before such adopted person attains the age of twenty-one (21) years. SECOND: I give my tangible personal property and all casualty insurance that I am carrying on tangible personal property, to such of my children who are living at my death, to be divided equitably among or between them as they may determine, or, if they are unable to agree, as my Personal Representative shall determine, after considering the wishes of such children. I have complete confidence that my children or my Personal Representative will honor any wtitten instructions that I may leave with regard to tangible personal property. Any such property not so distributed shall be sold, and the proceeds added to my residuary estate to pass as hereafter' described. (:--~.J C'~"'. .di. -1- THIRD: I give the sum that is necessary, but not more than Twenty-Five Thousand Dollars ($25,000), to Temple Beth Shalom of Greater Harrisburg, 913 Allendale Road, Mechanicsburg, Pennsylvania, to enable the Temple to complete the financing of the Temple Beth Shalom Elevator Fund. I may make this contribution while living, and if! do, this legacy shall lapse and be of no force or effect. FOURTH: I give, devise and bequeath the rest, residue and remainder of my estate, real and personal, as follows: my Personal Representative shall divide my estate into two (2) equal separate shares, and distribute the shares as follows: (1) One (1) share shall be distributed per capita to my then-living children, subject to the provisions of Article FIFTH. (2) One (1) share shall be distributed per capita to my then-living issue, subject to the provisions of Article FIFTH. (3) Should none of my children be living at that time, then the share provided in subparagraph (1) shall be distributed per capita to my then-living issue. (4) Should none of my issue be living at that time, then the share provided in subparagraph (2) shall be distributed per capita to my then-living children. (5) If at the time of my death, or at any later time prior to final distribution hereunder, my children, and all my issue are deceased and no other disposition of the property is directed by this Will, then and in that event only, the then-remaining property of my estate, together with any undistributed income, shall be paid over and distributed to Temple Beth eI2 .-- . -2- Shalom of Greater Harrisburg, 913 Allendale Road, Mechanicsburg, Pennsylvania, to be added to the Endowment Fund. FIFTH: If any share hereunder becomes distributable to a beneficiary who has not attained the Outright Distribution Age, as herein defined, then such share shall immediately vest in such beneficiary, but notwithstanding the provisions herein, my Trustee shall retain possession of such share in trust for such beneficiary until such beneficiary attains the Outright Distribution Age, using so much of the net income and principal of such share as my Trustee deems necessary to provide for the proper medical care, education, support and maintenance in reasonable comfort of such beneficiary, taking into consideration to the extent my Trustee deems advisable any other income or resources of such beneficiary or his or her parents known to my Trustee. Any income not so paid or applied shall be accumulated and added to principal. Such beneficiary's share shall be paid over and distributed to such beneficiary upon attaining the Outright Distribution Age, or if he or she shall sooner die, to his or her executors or administrators. I recommend that my Trustee consider distributing all income from such share to such beneficiary when such beneficiary attains the age of twenty-one (21) years. My Trustee shall have with respect to each share so retained all the powers and discretions had with respect to the trusts created herein generally. The Outright Distribution Age shall be defined as followed: (1) In the case of my son, Haskell David Rosner, and my daughters, Beth Goldstein and Susan Flynn, the age of fifty (50) years; e/iCA -3- (2) In the case of my issue, as defined in Article ONE, the age of thirty (30) years. SIXTH: Anything in this Will to the contrary notwithstanding, no trust created herein shall continue beyond twenty-one (21) years after the deaths of the last to die of my issue living at the time of my death; upon the expiration of such period, all trusts shall terminate and all the assets thereof shall be distributed to those beneficiaries (and in the same proportions) as are then entitled to receive the income therefrom. SEVENTH: If any beneficiary and I should die under such circumstances as would render it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this my Will that the beneficiary predeceased me. EIGHTH: (l) I name my daughter, Beth Goldstein, and my son-in-law, Laurence Goldstein, as my Personal Representatives. If either of them is unable or unwilling to serve, then the other shall serve alone as my Personal Representative. I direct that my Personal Representative, and their successors, herein referred to as my Personal Representative regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. (2) I name my daughter, Beth Goldstein, and my son-in-law, Laurence Goldstein, as my Co-Trustees. If either ofthem is unable or unwilling to serve, I name my son, Haskell David Rosner, as the successor Co-Trustee. I direct that my Co-Trustees, and their successors, herein referred to as my Trustee regardless of number or gender, serve without bond in any jurisdiction in which called upon to act. Jc -4- (3) Except as otherwise provided herein, if all of the persons named in Paragraph (2) above, or any successor as herein defined should fail to qualify as Trustee hereunder, or for any reason should cease to act in such capacity, the successor or substitute Trustee shall be some individual or financial institution with trust powers, which successor or substitute Trustee shall be designated in a written instrument filed with the court having jurisdiction over the probate of my estate and signed by or on behalf of a majority of my children who have attained the age eighteen (18) years, or if they fail to act, by the court having jurisdiction over the Trust. The situs of the Trust may be transferred to the situs of such successor or substitute Trustee by designation in the written instrument. (4) For services as Personal Representative and Trustee, my Personal Representative and Trustee shall receive reasonable compensation. NINTH: (1) I give to any Personal Representative and to any Trustee named in this Will or any Codicil hereto or to any successor or substitute Personal Representative or Trustee all of the powers enumerated in this Will and all of the powers applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date of my death, during the administration and until the completion of the distribution of my estate, and until the termination of all trusts created in this Will or any Codicil hereto and until the completion of the distribution of the assets of such trusts. I direct that all such powers shall be construed in the broadest possible manner and shall be exercisable without court authorization. J. -5- (2) In determining the federal estate and income tax liabilities of my estate, my Personal Representative shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as federal estate tax deductions or as federal income tax deductions. (3) If at any time any trust created hereunder (or any share thereof if the trust shall have been divided into shares) shall be of such value that, in the opinion of my Trustee, the administration expense of holding the assets contained therein in trust is not justified, my Trustee, in its absolute discretion, may terminate such trust and distribute the trust property to the person or persons then entitled to receive or have the benefit of the income therefrom or the legal representative of such person. If there is more than one income beneficiary, my Trustee shall make such distribution to such income beneficiaries in the proportion in which they are beneficiaries or if no proportion is designated in equal shares to such beneficiaries. (4) My Personal Representative and Trustee are authorized and empowered to acquire and to retain, either permanently or for such period of time as my Personal Representative or Trustee may determine, any assets, including the capital stock of any closely held corporation, whether such assets are or are not of the character approved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one investment. (5) My Personal Representative and my Trustee are authorized and empowered to disclaim any interest, in whole or in part, of which I, my Personal Representative, or my ~. -6- Trustee, may be the beneficiary, devisee, or legatee, by executing an appropriate instrument (in accordance with section 2518 of the Internal Revenue Code of 1986, as amended, or such similar section as may then be in effect). (6) My Personal Representative and Trustee are authorized and empowered to sell at public or private sale, or exchange, and to encumber or lease, for any period of time, any real or personal property and to give options to buy or lease any such property. Additionally, my Personal Representative and Trustee are authorized and empowered to compromise claims, to borrow from anyone (including a fiduciary hereunder) and to pledge property as security therefor, to make loans to and to buy property from anyone (including a fiduciary or beneficiary hereunder); provided that any such loans shall be adequately secured and at a fair interest rate. (7) My Personal Representative and Trustee are authorized and empowered to allocate property, charges on property, receipts and income among and between principal or income, or partly to each, without regard to any law defining principal and income. TENTH: No person who at any time is acting as a co-trustee (if any) hereunder shall have any power or obligation to participate in or to exercise any discretionary authority that I have given to my Trustee to pay principal or income to such person, or for his or her benefit or in relief of his or her legal obligations. Such discretionary authority shall be exercised solely by the disinterested co- trustee( s). ELEVENTH: No interest of any beneficiary under this Will, any Codicil hereto, or any trust created herein, shall be subject to anticipation or to voluntary or involuntary alienation. -4 -7- TWELFTH: All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the residue of my estate, as if such taxes were expenses of administration, without apportionment or right of reimbursement. I authorize my Personal Representative and Trustee to pay all such taxes at such time or times as deemed advisable. IN WITNESS WHEREOF, I have set my hand and seal on this my Last Will and Testament this ;tjP- day of ;;; EJ> r ,2003. , ~ (SEAL) SIGNED, SEALED, PUBLISHED, and DECLARED by SAUL ROSNER, as and for his Last Will and Testament, on the day and year last above written, in the presence of us, who, at his request, in his presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses: .-" ;L"JI}f1 Jf~ ~'~OA -8- SELF-PROVING AFFIDAVIT COMMONWEAL TH OF PENNSYLVANIA COUNTY OF D:JcJfh/~ SS. WE, SAUL ROSNER, the Testator, and Bridget M. Whitley Kristi P. Foster ,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 (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 to the best of his or her knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. / L;1?~ S~R~tor ~J1l. J1tJ~ ~~^ Witness \ Witness Subscribed, sworn to, and acknowledged before me by SAUL ROSNER, the Testator, and subscribed and sworn to before me by Bridget M. Whitley Kristi P. Foster ,and LJ+h day of Se.fkm-t}Q,( , witnesses, this ,2003. fiJb tHow-d) Notary Pubh COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KELLY R HOWELL, Notary Public City of Harrisburg, Dauphin County M~ Commission Expires Septllmber 2, 2006 -9-