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HomeMy WebLinkAbout08-18-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Gladis E. Puqh No. 21 - 0'-.0 - 13:) also known as , Deceased Social Security No. 162-50-2457 Pelltioner(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 executor named in the Last Will of the Decedent, dated 12/16/1997 and codicil(s) dated State relevant circumstances, e,g., renunciation, death of executor, elc Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after eXElcution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: None c;I B. Grant of Letters of Administration (c,t.a., d.bn.c,t.a.: pendente lite; durante absentia; durante minoritale) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if dh anYlan elrs: 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 824 Lisburn Road, Camp Hill, PA 17011 (Lower Allen Township) (lis 1 street, number and municipality) Decedent, then iii years of age, died Auqust 1,2006, at Community General Osteopathic Hospital, Dauphin County, 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 ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " $ Real Estate situated as follows: 501,000.00 501 ,000.00 Wherefore, Petitioner(s) respectfL'lIy 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: (Z'cir~ ( c- i . Wade W. Pu h 1200 Waodland Road, York, PA 17403 " "''' .J...- , I" vl..k Elizabeth Ru h Grout 409 Baker Lane, Coatsville, PA 19320 Form RW-1 Page 1 of 2 (Dauphin County Rev. 9/92) 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 estate according to law. Sworn to and affirmed and subscribed / ,} .... (' /A.{~Lc ~/ . ) ~)C . I' before me this I <3+L- .~.( ~li(tvUt d-l-- r1lql'- q1C1tl vi ~+ 2006 ~~~6"'t~ DECREE OF REGISTER Estate of Gladis E. Pugh also known as day of Deceased No..j.I-~-"l35 Social Security No: 162-50-2457 Date of Death: August 1, 2006 AND NOW, ;:.\- l i , 2006, in consideration of the Petition on the reverse side hereon, satisfactory roof having been presented before me, IT IS DECREED that Letters tXI Testamentary 0 of Administration are hereby granted to (CI.1I: dll.ll.l:,l,: lwndpntp lilt': durilntp ab~('llliil: duranlf' rninuril.llp) Wade W. Pugh and Elizabeth Pugh Grout in the above estate and that the instrument(s), if any, dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters.................... ....... Short Certificate(s) (2..)... Renunciation ( )............ Affidavit ( ).................. Extut ra~e::; ( )~4 CodiciL......................... . JCP Fee... ......... ............ Inventory & Tax Forms... OtherCuct-~. TOTAL............... . $ Y-loD ,()(J $ )] .00 $ $ $15~c:)(J $ $ \0. CO $ $ 5.00 ~~~.\ Register of Wills p-Q;\ ,./' (, ( Elyse E. Rogers ['iv ~ 41274 , 415 Fallowfield Rd. Suite 301 Camp Hill. PA 17011 ;; ( ~/<_.) j.- ~"Y . Attorney: I.D. No: Address: "'$ ,,- ~ - , ==t:t~ ' 00 Telephone: DATE FILED: WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. c ,.oJ r) C ,"') C' r;, tJ~"J l___ lJ ;;~ L~ L August 3, 2006 Gladis E. Pugh Female 162 - 50 - 2457 Aug. 1, 2006 April 25, 1908 MQntrose, PA Community General Osteopathic Hospital Dauphin Lower Paxton Twp. White Homemaker No Widowed 824 Lisburn Road Camp Hill PA 17011 Wade W. Pugh Sally A. Myers David Myers Funeral Home, Newport, PA 17074 Respiratory failure Congestive Heart filure, Atrial Fibrillation, Cere- brovascular disease xx R. C. Schwartz M.D. 4830 Londonderry Road, Harrisburg, PA 17109 August 3, 2006 ; h0-y;'!ti'~ c ~; Barnett St., New Bloomfield, PA 17068 t, ~ /L('/~ 50-455 Last Will and T estarrlent OF GLADIS E. PUGH I, GLADIS E. PUGH, of Lower Allen Township, Cumberland County, Pennsylvania, do make, publish and declare this to be 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 payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the residue of my estate as an expense and cost of administration of my estate. ITEM III: I specifically decline to exercise the Power of Appointment contained in the Last Will and Testament of my husband, CHARLES E. PUGH. ITEM IV: If I die before my husband, CHARLES E. PUGH, I give to him all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of Page 1 /7 . ('Pi Jjt.--,,-L. c , household or personal use or adornment and all policies of insurance thereon. If I do not die before my husband, I may leave a written list in my safe deposit box or elsewhere disposing of certain items of my tangible personal property. The Executor shall dispose of items of my personal property as specified in the written list. If no written list is found in my safe deposit box or elsewhere and properly identified by the Executor within thirty (30) days after the probate of my Will, it shall be presumed that there is no other statement or list. Any subsequent discovered list shall be ignored. I give to my children living at the time of my death any tangible personal property not set forth in a written list, to be divided between them as they shall agree. ITEM V: I give the residue of my estate, not disposed of in the preceding portions of this Will, as follows: (a) To my husband, CHARLES E. PUGH, and my son, WADE W. PUGH, as Trustees (collectively "Trustee"), IN TRUST, to be administered and distributed as provided in ITEM VI, a fraction of my residuary estate. The numerator shall be a sum equal to the largest amount that can pass free of Federal estate tax under my Will by reason of the unified credit and the state death tax credit (provided that the use of this credit does not require an increase in state death taxes) allowable to my estate but no other credit and after taking account of dispositions under other items of this Will and property passing outside of this Will which do not qualify for the marital or charitable deduction and after taking account of charges to principal that are not allowed as deductions in computing my Federal estate tax. The denominator shall be the value of my residuary estate. For purposes of establishing this fraction, the values finally fixed in the Federal estate tax proceeding relating to my estate shall Page 2 ~ be used. I recognize that the numerator of such fraction may be zero (0), in which case no property shall pass to this Trust. I also recognize that the numerator may be affected by the action of the Executor in exercising certain tax elections. (b) The balance of my residuary estate shall be paid to my husband, CHARLES E. PUGH, if he survives me. If he does not survive me, this portion of my estate shall be added to the Trust funded pursuant to subsection (a) and shall be administered and distributed as provided in ITEM VI. ITEM VI: the Trust established by Item V (a): The following provisions shall apply to (a) Trust. This Trust shall be known as The Pugh Family Credit (b) The Trustee shall pay to or for the benefit of my husband, CHARLES E. PUGH, all of the net income of this Trust in convenient installments, but not less frequently than annually. The Trustee shall also pay to my husband, so much of the principal of this Trust as may be necessary in the discretion of the Trustee for the proper support, maintenance and medical care of my husband. (c) Upon the death of my husband, the Trustee shall pay over all of the remaining assets, to one or all, or less than all of my issue, in the amounts, and in the estates, in trust or otherwise, as my husband may direct, making specific reference to this Power of Page 3 (/- fJ j) ~ Appointment, either by written instrument filed with the Trustee during his lifetime or by his Will. In no event may this Power of Appointment be exercised in favor of my husband, his estate or creditors of either. (d) If this Power of Appointment is not exercised by my husband, in whole or in part during his lifetime, or in his Will, then upon the death of my husband, the Trustee shall divide the unappointed principal into as many equal parts as there are then living children of mine and then deceased children of mine represented by then living issue. The Trustee shall distribute one share to each living child, and shall pay one share to the then living issue, per stirpes, of each my deceased child. ITEM VII: The Executor and the Trustee shall each possess the following powers, each of which may be exercised without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor or Trustee. (b) To vary investments, and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. Page 4 fU- (c) In order to divide the principal of a Trust or for any other purpose, including final distributions, the Executor and Trustee are authorized to divide and distribute personal property and real property, partly or wholly in kind, and to allocate specifie assets among beneficiaries and Trusts so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor and Trustee are each authorized to make, Join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale real and personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale(s). The Executor and Trustee are authorized to execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to any of the power conferred upon the Executor and Trustee. (e) To mortgage real estate, and to make leases of real estate. (f) To borrow money from any person, including the Executor or Trustee, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estatE~ and other taxes, and to assign and pledge assets of my estate or any Trust established by this Will. Page 5 ~ (g) To pay all costs, taxes, expenses and chargE~s in connection with the administration of my estate or any Trust established under this Will. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as the Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate or any Trust established under this Will, and to exercise all the powers incident to the ownership of stock. (j) To unite with other owners of property similar to property in my estate to carry out plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. 0) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized bylaw. Page 6 fli1 (m) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor or Trustee deems appropriate, and to compensate these persons from assets of my estate or trust, without affecting the compensation to which the Executor and Trustee are entitled. (n) To divide any Trust created in this Will into two or more separate Trusts so that inclusion ratio for purposes of the generation- skipping transfer tax shall be either zero or one, in order that an election under Section 2652(a)(3) of the Internal Revenue Code may be made with respect to one of the separate Trusts, or for any other reason. (0) To allocate administrative expenses to income or to principal, as the Executor or Trustee deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (p) To do all other acts in their judgment necessary or desirable for the proper and advantageous management, investment and distribution of the estate and Trusts established under this Will. ITEM VIII: The Trustee is authorized to distribute principal and/or income in anyone or more of the following ways if the Trustee, in the sole discretion of the Trustee, considers the beneficiary unable to apply distributions to the beneficiary's own best interests, or if the beneficiary is under a legal disability: Page 7 F (a) Directly to the beneficiary; (b) To the legal guardian or conservator of such beneficiary; (c) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21) years; (d) To a relative of the beneficiary, to be expended by that relative for the benefit of the beneficiary; or (e) By directly applying distributions for the benefit of the beneficiary. ITEM IX: Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. ITEM X: I hereby nominate, constitute and appoint my children, WADE W. PUGH and ELIZABETH PUGH GROUT, to be the Executors, collectively referred to as "Executor". The Executor and Trustee are specifically relieved from the obligation of filing bond or entering security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding seven (7) pages, at Page 8 fDi the end of each page of which I have als~et my initials for greater security and better identification this I 0' day of UP ~ ' 199 > !jM-<'- tJ [. /. j (SEAL) G DIS E. PUGH ~ We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. .~~(SEAL) ~ Y~-t )J1.~~EAL) Residing at W}. ~k Jl(CVIr.l1b ;t/ 76 5-~ Residing at 1- Lf!;Jd:.i~lb k~ ~ lid!, t1J /l~ II (SEAL) Residing at ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~L-- ) ) SS: ) I, GLADIS E. PUGH, Testatrix, 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 Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~r d<~. f; ~~;rL (SEAL) G ~IS E. PUGH / Sworn to and subscribed before -{le this / 0 dayc~ {.lP{Q~, , 19 I . ;;i, Jf 2~1 My Commission Expires: (SEAL) Notarial Seal Elyse E Rogers, Notary Public Susquehanna Twp" Dauphin Count~ My Commission Expires April 5. 200 ' M8mh8r PAnn~\,k1nl'~,soclation Of Notaripc AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF D Gh-l L ) ) SS: ) we,L;JL/t(;-A~4' , -----FAtV' e--/ /1)1. I/tJtUt(L and , 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 Testatrix, GLADIS E. PUGH, sign and execute the instrument as her Last Will and Testament; that Testatrix signed willingly and that she executed said Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as Witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. (~/I!.~/ Witness ~~~ Witness Sworn to and subscribed before me this / ~ day of ~(()~ ,19'). {2~~ ~ My Commission Expires: (SEAL) r Notarial Seal . Nota~ Public Elyse E. Rogers. . C t, T Daup In oun y Susquehanna wp... April 5. 2001 My Commission Explres__ . I 'n.l' Assori'lif!'." ~il1t8r!p" Member PMMV""" . . 120491i I