HomeMy WebLinkAbout07-03-06
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of THOMAS R. HOBBS
also known as
No. 21-06- S<g~
. .... ,Deceased
Social Security No. 178-28-4365
Judy M. Hobbs
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
[!] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated 09/02/1992 and codicils dated
Executrix
!lamed in U",e last Will of
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 incompetent:
o B. Grant of Letters of Administration
(c.l.a; d.b.n.c.l.a; pedente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs:
Name
Relationship
Residence
, ,
c....:, '::1
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family
N
W
or principal residence at 1313 McCormick Road, Mechanicsburg, PA, Upper Allen Twp.
(list street, number, and municipality)
Decedent, then 71
years of age, died 06/20/2006
at
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl 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
$
$
$
$
2,300,000.00
2,225,000.00
situated as follows: Lower Allen Township, Cumberland County, PA, and Todd Township, Huntingdon County
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:
Judy M. Hobbs
Typed or printed name and residence
1313 McCormick Drive
Mechanicsburg, PA 17055
Prepared by the Pennsylvania Bar Association
Copynght (c) 2004 form software only The Lackner Group, Inc.
Form RW-1 (1991)
Oath of Personal Representative
Commonwealth of Pennsylvania
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 of the knowledge and belief of Pelitioner(s) and that, as personal r pre[nta.tiVe(S) of
the Decedent, Petitioner(s) will well and truly administer the estate accordi . law. '-,,' I .; _ /
Sworn to or affirmed and subscribed l /~ . ~
2rJ
before me this <-> day of
21-06- ,C) ~ ~
Estate of
THOMAS R. HOBBS
, Deceased
also known as
Social Security No: 178-28-4365
Date of Death:
06/20/2006
AND NOW, ~...l> 6' 3 , ~lo , in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters [RlTestamentary Dof Administration
(c.I.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Judy M. Hobbs, Executrix
in the above estate and that the instrument(s) dated
9/2/1992
Short Certificate(s)............ ....... $
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
)JJ:~~'-^'1 ~M~\~'~ 'It
~_.'. Register..of ills ~ -Q~--:tt'\
~ W :z ,- J
Atlot j" M. W~; ~ .
1.0. 0: 98
FEES
Letters................................ ........$ (~l..\lct.'). C'X::>
QL\ .0.')
Renunciation............................... $
Affidavits (
Extra Pages
)...........................$
)... U},A.-QJ,$
Wiley, Lenox, Colgan, & Marzzacco, P.C.
130 W. Church S1.
\ 5" . cX:;'
Address:
Codicil....
.......$
Dillsburg, PA 17019
JCP Fee.......................................$ _\D . (1"')
Telephone3 717-432-9666
Inventory...................................... $
E-Mail:
Other. G...;..r,..~n.".(.;::t\..\>-........ $
5 '()o
'1c:::.'Ll "
TOTAL............................ $ O'-~, I .Ol.-
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1 (1991)
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lliast lIill ann m-entam.ent
OF
THOMAS R. HOBBS
I, THOMAS R. HOBBS, of 1313 McCormick Road,
Mechanicsburg, Cumberland County, Pennsylvania, declare ~~
this to be my Last Will and Testament, and revoke all
prior wills and Codicils made by me.
ITEM 1: I direct my Personal Representative to pay
my funeral expenses and have a marker erected at my
grave; and I authorize it to expend for these purposes
such sums as it deems proper, without any limit
prescribed by law, and without order of Court.
ITEM 2:
I bequeath all of my tangible personal
property, together with all insurance policies thereon,
to my wife, JUDY M. HOBBS, if she is living thirty (30)
days after the date of my death, and if she is not then
living, in as nearly equal shares as possible to my then
living children.
ITEM 3: If my wife, JUDY M. HOBBS, survives me, I
devise and bequeath unto MERRILL LYNCH TRUST COMPANY OF
AMERICA, IN TRUST, to be known as the "MARITAL TRUST",
such an amount, if any, as when added to the value of all
property which passes or has passed to my said wife
either under other provisions of this will or outside of
this will and which qualifies for the marital deduction
allowable for Federal Estate Tax purposes, shall be the
minimum amount necessary to give my estate a resulting
marital deduction which, after taking into account other
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deductions and all allowable credits, will cause the
Federal Estate Tax affected by the amount of this devise
and bequest to be eliminated or reduced to the lowest
possible amount; provided, however, the state death tax
credit shall be taken into account only to the extent
that it does not result in any increase in the amount of
death taxes payable to any state.
The
assets
to
be
distributed
in
satisfaction of this devise and bequeath may be allocated
in cash and/or kind, shall be only those which qualify
for marital deduction and shall be selected in such
manner that the cash and other property distributed will
have an aggregate fair market value fairly representative
of the distributee's proportionate share of the
appreciation or depreciation in the value to the date, or
dates, of distribution of all property then available for
distribution. Any property assigned or conveyed in kind
to satisfy this devise and bequest shall be valued for
that purpose at the value thereof as finally determined
for Federal Estate Tax purposes.
A. The net income shall be paid to my
wife, for life, at least quarter-annually.
B. My wife shall have the absolute right,
at any time or times to withdraw any portion or all of
the principal of the "MARITAL TRUST" as she may demand in
writing to my Trustee.
c. If my wife shall be so ill or
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otherwise incapacitated as to be unable to exercise her
power of withdrawal, my Trustee is authorized, in its
absolute discretion, to make payments from the principal
of the "MARITAL TRUST" for the benefit of my wife as my
Trustee deems advisable to provide for her support,
maintenance, general welfare and care, so that she shall
be enabled to live in the comfort to which she has been
accustomed,
and my Trustee need not take
into
consideration any property which she may own, or any
income to which she may be entitled.
D. My wife shall have the unrestricted
power to appoint, by specific reference in her Will, the
entire income and principal of the "MARITAL TRUST"
absolutely, in further trust, or in any other manner, in
favor of any person or persons,
corporation or
corporations she may designate, including her estate, her
creditors or the creditors of her estate, such power
being exercisable by her alone and in all events.
E. If my wife fails to exercise the
foresaid power of appointment, or if any attempted
exercise thereof be invalid or fails to be effective,
then upon her death, my Trustee shall add the property
then held by it under this "MARITAL TRUST", or the
portion thereof not validly appointed, to the "RESIDUARY
TRUST" created by Item 4.
ITEM 4: All the rest and residue of my
estate, real and personal, and all property over which I
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may have power of testamentary disposition, I devise and
bequeath and appoint to MERRILL LYNCH COMPANY OF AMERICA,
IN TRUST, to be known as the "RESIDUARY TRUST".
A. The net income shall be paid to my
wife, JUDY M. HOBBS, for life, at least quarter-annually.
B. Upon the death of my wife, or upon my
death if she predeceases me, my Trustee shall divide the
principal of this trust into such number of equal shares
so that there shall be one share for each child of mine
then living and one share for the then living descendants
(as a group) of each deceased child of mine.
1. Each share for the living
descendants of a deceased child shall be distributed to
such descendants, per stirpes.
2. The share for each living child
shall be distributed as follows:
a. One-Third (1/3) of the
balance and accumulated income shall be distributed at my
death.
b. One-Half (1/2) of the
balance and accumulated income shall be distributed five
(5) years from the date of my death.
c. The remaining balance and
accumulated income shall be distributed ten (10) years
from the date of my death.
d. Such child shall have the
power to appoint, by specific reference in his or her
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Will, such trust share absolutely, in further trust or in
any other manner, in favor of any person or persons,
corporation or corporations, he or she may designate;
provided, however, as to such portion or all of said
property over which such child immediately prior to his
or her death had an absolute right of withdrawal, such
child shall have the further power to appoint such
property to his or her estate, his or her creditors or
the creditors of his or her estate.
e. Upon the death of such child
any principal of such child's share not validly appointed
shall be distributed to such child's then living
descendants, per stirpes, and if such child leaves no
descendant then living, the same shall be distributed to
my then living descendants, per stirpes; provided,
however the share of any person for whom a trust is then
continuing under the terms of this will shall not be
distributed to such person, but shall be added to the
trust so held for such person.
c. My Trustee is authorized, in its
absolute discretion, to make payments from the principal
of the "RESIDUARY TRUST" to or for the benefit of my wife
and/or my children, of her, his or their support,
maintenance, education, general welfare and care, as my
Trustee deems advisable; provided however, that no such
payments shall be made to or for the benefit of my wife
until after the "MARITAL TRUST" has been exhausted. Any
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payment made from principal prior to the death of my wife
shall be a general charge, but after her death the
payment shall be charged against the principal of the
share of the child to whom or for whose benefit such
payment is made.
ITEM 5:
Any portion of my estate or any trust
undisposed of by the foregoing provisions shall be
distributed in accordance with the then laws of the state
of Pennsylvania, as if I had then died intestate.
ITEM 6:
Any portion of my estate or any trust
distributable to a person who has not attained twenty-one
(21) years of age may be distributed for the benefit of
such person under the provisions of the Pennsylvania
Uniform Gifts to Minors Act to be held under such
custodial management until such person attains twenty-one
(21) years of age, and I authorize my Personal
Representative and/or Trustee to appoint an individual or
insti tution, including itself, as custodian under the Act
for such person.
ITEM 7: A. During the minority, illness or other
incapacity of any beneficiary hereunder, my Trustee is
authorized, in its absolute discretion, to make payments
of income or principal due to or authorized in respect to
such beneficiary to his or her duly constituted Guardian
or Custodian under the Pennsylvania Uniform Gifts to
Minors Act, or to such other person or persons as in the
opinion of my Trustee may be in proper charge of such
beneficiary, to be applied by such person or persons to
the support, maintenance, education, general welfare and
care of such beneficiary, or if my Trustee deems best, to
itself apply such payments to which such beneficiary may
be entitled for such purposes without being required to
account therefor to any Court.
B. Except as herein otherwise provided,
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all payments of income or principal are to be made
directly to the respective beneficiaries and not to any
other, whether claiming by their authority or otherwise,
without power of anticipation and without being subject
to execution or attachment; this provision, however, not
to prevent the deposit of funds payable to the
beneficiaries to their credit in any bank or other
financial institution, nor to prevent the exercise by my
Trustee of any discretionary powers conferred upon it.
ITEM 8: My Personal Representative and Trustee, in
their respective capacities and discretion, without
obtaining the prior or subsequent order or ratification
of any Court, shall have the following powers in addition
to the powers granted to them by statute, common law or
rule of court.
A. To invest in, reinvest in and
change any investment in real or personal property,
expressly including participation in common trust funds;
to compromise and settle any claims; to sell, assign,
lease (including the power to lease for a period
extending beyond the probable duration of the trusts),
develop, build, alter, improve, raze, borrow, mortgage,
exchange or otherwise dispose of or deal with the assets;
to allocate in cash or kind all distributions of income
and principal; and to divide in kind and/or sell for the
purpose of division, and to do any and all things
hereunder which I would be able to do were I still
living.
B. To vote in person or by general
or limited proxy the stocks or other securities held by
it; to join in consent to or oppose any deposit
agreement, reorganization proceedings, plan of
reorganization, merger, dissolution or other adjustment
of capital funds or indebtedness affecting the assets
held by it; to pay an assessment upon the assets held by
it; to exercise any option and to take advantage of any
rights given in connection with the assets.
C. To cause assets to be registered
in the name of any nominee selected by it, or it may take
and keep them unregistered so that title will pass by
delivery.
D. To retain any asset acquired
without liability for any loss occasioned by reason of
such retention or for any lack of diversification;
provided, however, my Trustee shall not retain or invest
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in any non-income producing asset in the "MARITAL TRUST"
without the express written consent of my wife.
E. with respect to the "RESIDUARY
TRUST" , to purchase any asset from my Personal
Representati ve and to make loans, secured or unsecured to
it.
F. To receive other property, real
or personal, including policies of insurance, devised,
bequeathed, assigned, granted, conveyed, or made payable
to it, which are acceptable to my Trustee and which shall
be subject to the provisions and limitations of the
trusts hereby created, including additions by my wife to
the "MARITAL TRUST".
G. For investment or administrative
reasons, to treat the "RESIDUARY TRUST" as common fund,
notwithstanding any provision herein for division into
shares, until such time as it deems it advisable to make
such division.
H. To make any tax election with
respect to my estate or any trust created hereunder. My
Personal Representative and Trustee need not consider
only the tax effects such election may have on my estate,
or any beneficiary hereunder, as well as the needs of any
such beneficiary. I recognize that the making of such
tax elections may operate to the benefit of one or more
of the beneficiaries hereunder and to the detriment of
others, and I direct that no adjustment shall be made in
the interests of such beneficiaries to compensate for the
effects of any such election, and neither my Personal
Representative nor my Trustee shall be liable for any
increased taxes of any kind, or for any interest or
penalties with respect thereto, which may be or become
due by reason of the making of, or the failure to make,
any such tax election.
I. To the extent that my Trustee
shall have the right to exercise any option or election
respecting the manner of payment of any funds or other
assets which may be payable directly to the Trustee as
beneficiary, I direct that my Trustee shall have the
absolute discretion to exercise any such option or
election in such manner as it shall deem advisable,
regardless of the effect thereof on my estate, the trust
estates created hereunder, or any beneficiary or other
person interested herein, and the determination of my
Trustee in the exercise of any such option or election
shall be final and binding on all persons interested
therein.
J. All of the powers granted to them
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shall continue until all assets have been distributed.
K. No charge, reserve or other
deduction from income shall be made at any time for
depreciation of any asset.
ITEM 9: I recognize that the Trustee is a
subsidiary of Merrill Lynch Group, Inc. and specifically
authorize it:
a. to engage the services of Merrill
Lynch Group, Inc., any of its direct or indirect
subsidiaries or affiliates (collectively "Affiliated
Corporations" and, individually, an Affiliated
corporation"), and, without limiting the generality of
this authorization, the services of Merrill Lynch
Investment Management, Inc., an Affiliated Corporation,
and Merrill Lynch, Pierce, Fenner & smith Incorporated,
an Affiliated Corporation:
(i) to manage or advise
investments of the Trust;
on
the
(ii) to invest the Trust's assets in
mutual funds offered or managed by
any Affiliated Corporation; and
(iii) to act as a broker or dealer to
execute transactions and to provide
other services with respect to the
Trust, including the purchase of any
securities currently distributed,
currently underwritten, or issued by
any Affiliated corporation;
b. to employ, and to delegate any of
its powers, to any agents, attorneys or accountants as it
deems necessary and proper;
c. to pay for services rendered by
such persons or by any Affiliated Corporation from the
Trust property as an expense of trust administration,
without diminution for any payment that the Trustee may
receive as substituted trustee, and recognizing that the
Trustee may also receive credit or other compensation
from Affiliated Corporations for services it may perform
and may exchange services with any Affiliated
Corporation; and
d. to cause or permit all or any
part of the trust to be held, maintained, or managed in
accounts or deposits administered in any jurisdiction
inside or outside the United states of America, and to
hold any trust property in the name of its nominee or a
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nominee of any Affiliated Corporation.
ITEM 10: I authorize the Trustee to retain payment
for its services as substituted trustee under the
aforementioned trust agreement:
a. in accordance with its schedule
of rates as published from time to time and as in effect
at the time such compensation becomes payable; and
b. without diminution for any fees
that any Affiliated Corporation may receive from mutual
funds in which the Trust has invested, including payment
for investment advisory or management fees,
administrative and sub-accounting services, brokerage
fees and commissions and payments for other expenses of
the mutual funds, and further, wi thout diminution to
payments to any Affiliated Corporations for services
rendered to the Trust.
ITEM 11: The Trustee may resign at any time by
written notice delivered to me. After my death, such
notice shall be delivered to my legal representative. In
the event of my failure, refusal or inability to appoint
a successor trustee, or after my death the failure,
refusal or inability of my legal representative to
appoint a successor trustee, Trustee of any beneficiary
of the trust provided for in this Agreement may, at the
expense of the trust, secure the appointment of a
successor trustee by a court of competent jurisdiction.
No bond or other security will be required in any
jurisdiction of the Trustee, or any successor appointed
in accordance with these provisions.
ITEM 12: A. No apportionment of the income of
the "RESIDUARY TRUST", or of any subdivision thereof,
shall be made upon the death of any beneficiary, and the
beneficiary's estate shall not be entitled to any
accrued, or uncollected, or undistributed income, and all
such income shall be distributed with the other income of
the trust to the person or persons next entitled to the
income of the trust.
B. If proceeds of insurance on my
life are payable to my Trustee, I direct it to collect
the proceeds and allocate the same to the "MARITAL TRUST"
or to the "RESIDUARY TRUST", or partly to each, as it may
be directed by my Personal Representative, and my Trustee
shall notify my Personal Representative promptly of all
insurance proceeds which are paid or payable to it.
C. To the extent that my Personal
Representative does not have sufficient funds to provide
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for the payment of all estate, inheritance, succession
and transfer taxes, debts, funeral expenses,
administration expenses and cash bequests, my Trustee
shall distribute to or pay to the credit of my Personal
Representative such sum or sums from the principal of the
"RESIDUARY TRUST" as may be necessary to satisfy all such
cash requirements. My Trustee is authorized to rely
conclusively upon the certification of my Personal
Representative regarding the amount of cash needed, if
any, and distribution by my Trustee in accordance with
such certification shall exonerate it from all liability.
ITEM 13: All estate, inheritance, succession and
transfer taxes, including interest and penalties thereon,
if any, payable with respect to all property includible
in my gross estate for Federal Estate Tax purposes,
(other then generation-skipping transfer taxes), or
taxable by reason of my death, including inheritance
taxes which may be prepaid by or on behalf of any person
having a contingent or remainder interest therein, if my
Personal Representative in its absolute discretion deems
it advisable to prepay such taxes, shall be paid out of
the principal of my residuary estate.
ITEM 14: If my wife and I die under such
circumstances where there is insufficient proof to
determine who predeceased the other, I direct my wife
shall be deemed to have survived me.
ITEM 15: I appoint my wife, JUDY M. HOBBS as
Executrix of this my Last will and Testamaent. Should my
wife, predecease me, fail to qualify, cease to act or
renounce probate, I then appoint my daughter, REBECCA S.
paNAS, as alternate Executrix of this my Last Will and
Testament. My Executrix or her successor shall serve
without bond.
IN WITNESS WHEREOF, I have hereunto set my hand and
"'J~
seal this ~ day of
Silp~ ~
, 1992.
W~'I'NESS:
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COMMONWEALTH OF PENNSYLVANIA :
SS
COUNTY OF YORK
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We, THOMAS R. HOBBS, JAN M. WILEY, ESQUIRE and
PATRICIA A. OGG, 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
Testament 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 this Last
Will and Testament as witness and that to the best of
their knowledge the Testator was at the time eighteen
(18) years of age or older, of sound mind and under no
constraint or undue
influence. L~4/~
THOMAS R. HOBBS
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WITNESS ~
Sworn to and subscribed
before me this ;; fW,i day of
:;S'f)I1:tunJ}JJ. , 1992.
~~ADtLUnJ - ~~
NOTARY PUBLIC
MY COMMISSION EXPIRES:
C.. Notarial Seal
S, Dawn Gladfe~er, Notary PubrlC
Can'oll T\\.'P., Yo:1\ County
My Commission Expires May 17, 1993
Mernt'ilr, Pennsylvania Association of Notaries