HomeMy WebLinkAbout11-03-06
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IMPORTANT NOTICE
NOTICE OF ESTATE ADMINISTRATION
THIS NOTICE DOES NOT MEAN THAT YOU WILL RECEIVE ANY
MONEY OR PROPERTY FROM THIS ESTATE OR OTHERWISE.
Whether you will receive any money or property will be determined wholly or partly by the
Decedent's Will. If the Decedent died without a Will, whether you will receive any money or
property will be determined by the intestacy laws of Pennsylvania.
BEFORE THE REGISTER OF WILLS, COUNTY OF CUMBERLAND, PENNSYLVANIA
In re: Estate of Kathryn W. Frederick, deceased, October 17, 2006
No. 2006-00957
TO: Thomas E. Frederick
713 Yorkshire Drive
Carlisle, PA 17013
Theodore C. Frederick
5327 N. 31 st Place
Phoenix, AZ 85016-3719
Please take notice of the death of Decedent, Kathryn W. Frederick, and the grant of Letters to
the personal representative named below.
The Decedent, Kathryn W. Frederick, died on the October 17, 2006 at Cumberland County,
Pennsylvania.
The Decedent died testate, and a copy of her Will is attached hereto.
The personal representative of the Decedent is:
Thomas E. Frederick
713 Yorkshire Drive, Carlisle, P A 17013
(717) 249-2968
The Will has been filed with the Office of the Register of Wills of Cumberland County,
Pennsylvania, whose address and telephone number is as follows:
Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6345
Date: November .3
, 2006
ubert X. roy, Esquire
Attorney t: r Personal Representative
Broujos & Gilroy, P.C.
4 N. Hanover Street
Carlisle, P A 17013
(717) 243-4574
. . .
WI L L
I, KATHRYN W. FREDERICK, of 26 Clifton Terrace, Carlisle, Cumberland County, Pennsylvania,
declare this to be my Will and revoke all prior Wills and Codicils.
FIRST:
T an9ible Personal Prooertv.
I give all tangible personal property owned by me at my death and all insurance
policies on such property as follows:
(a) In as nearly equal shares as is practicable to such of my children as
survive me by thirty (30) days. If my son, THEODORE C. FREDERICK, 11\, fails to survive me,
then I give, devise and bequeath his share to my daughter-in-law, BARBARA S. FREDERICK,
per stirpes. If my son, THOMAS E. FREDERICK, fails to survive me, I give, devise and
bequeath his share to my daughter-in-law, MONICA C. FREDERICK. If both THOMAS E.
FREDERICK and MONICA C. FREDERICK fail to survive me, then I give, devise and bequeath
my son THOMAS E. FREDERICK's share to my son, THEODORE C. FREDERICK, III.
(b) With respect to any item passing under subparagraph (a) to a minor, my
Executor (i) may hold and deliver it to the minor at majority or earlier, or deliver it to any
person to hold for the minor; or (ii) may sell it, hold and invest the proceeds and, at any time,
pay the proceeds to the minor, to the Custodian appointed in this Will or to the guardian of the
person or estate of the minor to hold for the minor, or apply the proceeds for the minor's
benefit for any reason without considering other funds available to the minor. The receipt of
any person who receives an item or payment hereunder shall be a complete discharge to my
Executor.
(c) My Executor shall pay, as an expense of settling my estate, all costs of
delivering such tangible personal property, including the costs of packaging, delivery and
insurance.
SECOND:
Residue.
I give the residue of my estate as follows:
(a) One-half (%) of the residue to my son, THOMAS E. FREDERICK, if he
survives me by thirty (30) days, or if he fails to survive me, to my daughter-in-law, MONICA
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PAGE ONE OF TEN PAGES
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C. FREDERICK, if she survives me by thirty (30) days. If neither my son, THOMAS E.
FREDERICK, nor my daughter-in-law, MONICA C. FREDERICK, survive me, then I direct that
the one-half (%) of the residue of my estate otherwise bequeathed herein, shall be further
divided into two equal parts and given, as follows:
( 1 ) One equal part of the residue to be divided equally between my
grandsons, THEODORE C. FREDERICK, IV, and MATTHEW FREDERICK, per stirpes.
(2) One equal part of the residue to my Trustee, in trust, for the
benefit of my granddaughters, EVE FREDERICK and KATHRYN FREDERICK, as provided for
in Paragraph THIRD.
(b) One-half (%) of the residue to my son, THEODORE C. FREDERICK, III, if
he survives me by thirty (30) days, or if he fails to survive me, then I direct that the one-half
( % ) of the residue of my estate otherwise bequeathed herein, shall be further divided into
two equal parts and given, as follows:
(1 ) One equal part of the residue to be divided equally between my
grandsons, THEODORE C. FREDERICK, IV, and MATTHEW FREDERICK, per stirpes.
(2) One equal part of the residue to my daughter-in-law, BARBARA
S. FREDERICK, if she survives me by thirty (30) days, or if she fails to survive me, to my
Trustee, in trust, for the benefit of my granddaughters, EVE FREDERICK and KATHRYN
FREDERICK, as provided for in Paragraph THIRD.
THIRD:
lI:Yi1.
That portion of the residue of my estate given to my Trustee, in trust, for the
benefit of my granddaughters, EVE FREDERICK and KATHRYN FREDERICK, shall be divided
by my Trustee into two equal shares, and:
(a) The share of a then-deceased granddaughter shall be retained in trust for
the then-living granddaughter.
(b) The share of a then-living granddaughter shall be retained in a separate trust
for the then-living granddaughter, and my Trustee shall:
(1 )
Pay the net income therefrom at least quarterly to such
granddaughter.
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PAGE TWO OF TEN PAGES
.
,
(2) Pay to or apply for the benefit of such granddaughter so much
of the principal of such granddaughter's separate trust as my Trustee deems advisable for his
or her maintenance, education, health and support. In the exercise of this power for any
person, funds available to my granddaughter from other sources shall be considered by my
Trustee.
(3) Pay the principal thereof to such granddaughter upon her written
request after attaining age twenty-five (25).
(c) On the death of any such granddaughter before the entire principal of her
trust has been distributed, the Trustee shall pay the remaining principal to my then-surviving
granddaughter.
(d) If at any time, either upon my death, or before the entire principal of a trust
has been distributed, there is no one living who is entitled to income or principal under the
foregoing trust provisions, the residue or the principal of the trust, as the case may be, shall
be paid to the then-living descendants of mine, per stirpes.
(e) Except as provided in Paragraph SIXTH(I), all income accrued or
undistributed at the death of an income beneficiary shall be paid to the succeeding income or
principal beneficiaries.
(f) If any trust hereunder has not already terminated by its terms, it shall
terminate one day before the expiration of twenty-one years after the death of the survivor of
such of my descendants as are living at my death, and the principal shall then be distributed
absolutely to the persons then receiving income from such trust in proportion to their
respective interests in the income.
FOURTH:
Soendthrift Provision.
Until distributed, no gift or beneficial interest shall be subject to anticipation or
to voluntary or involuntary alienation.
FIFTH:
Death Taxes.
(a) All death taxes (and interest and penalties thereon) imposed as a result
of my death upon property passing under my Will and upon proceeds of insurance on my life,
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PAGE THREE OF TEN PAGES
but not otherwise, shall be paid out of the principal of my residuary estate, each share thereof,
whether outright or in trust, to bear a pro rata portion of such taxes.
SIXTH:
Administrative Powers.
My Executor and Trustee shall have the following powers in addition to those
conferred by law until all property is distributed:
(a) To retain any real or personal property (including stock of the corporate
Trustee, if any, or of a company controlling it) in the form in which it is received.
(b) To sell at public or private sale for cash and/or credit, to exchange, and
to lease for any period of time, any real or personal property and to give options for such sales,
exchanges, or leases.
(c) To purchase all forms of property, including but not limited to stocks,
bonds, notes and other securities (including stock of the corporate Trustee , if any, or of a
company controlling it), common trust funds and real estate, or any variety of real or personal
property, without being confined to so-called legal investments and without regard for the
principle of diversification.
(d) To purchase securities at a premium or discount and to charge such
premium or credit such discount to principal or income.
(e) To exercise any option arising from the ownership of any investment; to
join in any recapitalization, merger, reorganization, liquidation, dissolution, consolidation or
voting trust plan affecting any investment; to delegate powers with respect thereto; to deposit
securities under agreements and pay assessments; to subscribe for stock and bond privileges;
and generally to exercise all rights of security holders.
(f) To hold property unregistered or in the name of a nominee.
(g) To mortgage, divide, alter, repair and improve real property and generally
to exercise all rights of real estate ownership.
(h) To distribute in cash, in kind, or partly in each, and to cause any share
to be composed of cash, property, or undivided fractional shares in property different in kind
from any other share.
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PAGE FOUR OF TEN PAGES
(i) To compromise claims by or against my estate or any trust hereunder,
including but not limited to tax issues and disputes, without order of court or consent of any
party in interest and without regard for the effect of such compromise on any interest
hereunder.
(j) To borrow money and to pledge any real or personal property as security
for the repayment thereof.
(k) To buy real and personal property from my Executor, and to lend money
to my estate upon such terms and conditions as my Trustee deems advisable, even if an
Executor is also a Trustee.
(I) To apply income for the benefit of any incapacitated individual to whom
income mayor must be distributed for any reason during the period of incapacity. Income not
so applied shall be accumulated, invested, and if not sooner applied, paid to such individual
upon gaining capacity or to his or her personal representative if he or she dies before gaining
capacity.
(m) With respect to a principal share vesting in a beneficiary who, in the
opinion of my Executor or Trustee, is incapacitated by reason of age (other than minority) or
illness (mental or physical) when such share vests in him or her: to hold the share during his
or her incapacity and to invest the share and all accumulations thereon; to apply so much of
the income and principal as my Executor or Trustee deems advisable for such beneficiary's
benefit for any reason without considering other funds available to him or her; and to deliver
the balance of principal and income to the beneficiary at such time as he or she gains capacity.
In addition, at any time to pay the entire share to the guardian of the estate of the
incapacitated beneficiary to hold for his or her benefit. The receipt of a guardian or such other
person as may be selected by my Executor or Trustee to receive a distribution under this
subparagraph shall be a full and complete discharge to my Executor or Trustee.
(0) To apply expenses of my estate permitted as income tax or estate tax
deductions and to value my estate for estate tax purposes by any method permitted, without
adjusting between income and principal for any effect thereon.
(p) Whenever Trustee determines that the size of any trust does not warrant
the cost of continuing it, or that its administration would be impractical for any other reason,
to pay the principal without further responsibility to the income beneficiary, subject to t~
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PAGE FIVE OF TEN PAGES
provisions of subparagraph (m) or Paragraph TENTH; provided, however, that no Trustee shall
participate in any decision to terminate any trust of which he or she is a current income
beneficiary hereunder.
(q) To pool the assets of all separate trusts under Paragraph THIRD for
investment purposes, allocating to each such trust an undivided proportionate interest in the
pooled assets.
(r) To merge any trust hereunder with any other trust held by Trustee
whether created by me or by any other person by Will or Deed, if the trusts are for the primary
benefit of the same persons and contain substantially similar terms.
(s) To employ accountants, agents, investment counsel, brokers, bank or
trust company to perform services for and at the expense of my estate or any trust or trusts
hereunder for which such services are performed and to carry or register investments in the
name of the nominee of such agent, broker, bank or trust company. The expenses and
charges for such services shall be charged against principal or income or partly against each
as my Executor and Trustee may determine. My Executor and Trustee are expressly relieved
of any liability or responsibility whatsoever for any act or failure to act by, or for following the
advice of, such accountants, agents, investment counsel, brokers, bank or trust company, so
long as my Executor and Trustee exercise due care in their selection. The fact that an
Executor or Trustee may be a member, shareholder or employee of any accounting, investment
or brokerage firm, agent, or bank or trust company so employed shall not be deemed a conflict
of interest. Any compensation paid pursuant to this subparagraph shall not affect in any
manner the amount of or the right of my Executor or Trustee to receive commissions as a
fiduciary.
SEVENTH:
Administrative Provisions.
(a) A beneficiary's incapacity shall be determined solely by my Trustee. The
incapacity of a beneficiary who is also a Trustee shall be determined solely by my other
Trustee. No Trustee who is also a beneficiary hereunder, if incapacitated in the opinion of my
other Trustee, shall participate in any decision to apply income for his or her benefit.
(b) No Trustee hereunder shall participate in any decision to pay income or
principal to or for the benefit of himself or herself or any individual whom he or she is legally
obligated to support.
PAGE SIX OF TEN PAGES
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(c) The receipt of any recipient of an item to hold for, or any payee
of a payment for the benefit of, an incapacitated beneficiary shall be a complete discharge to
my Executor and Trustee.
EIGHTH:
Power of Aooointment.
I decline to exercise any power of appointment given to me under any Will,
Codicil or Deed of Trust.
NINTH:
Definitions.
(a) The words "Executor," "Trustee," "Guardian" and "Custodian" when
used in this Will shall include all genders and the singular and plural as the context may
require.
(b) The word "descendants" when used in this Will shall include adopted
persons adopted before age twenty-one and their descendants.
(c) The words "incapacitated" and "incapacity" when used in this Will shall
refer to an inability to use funds by reason of age or illness (mental or physical).
(d) When a "per stirpes" distribution of income or principal to a designated
individual's descendants is provided for under this Will, such income or principal shall be
divided into as many equal shares as there are then living children of such individual and then
deceased children represented by descendants then living, and each then living child shall
receive one share, and the share of each deceased child shall be divided among his or her
descendants in the same manner, repeating this pattern with respect to succeeding
generations until all shares are determined.
(e) Paragraph headings in this Will are for reference only and shall not affect
the meaning, construction or effect of this Will.
TENTH:
Custodian.
(a) I appoint such individual or corporation (including a fiduciary serving
hereunder) as is designated in writing by my Executor as Custodian for (i) any beneficiary who
has not attained age twenty-one (21 ) at the time an interest is distributable outright to him or
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PAGE SEVEN OF TEN PAGES
her under this Will, and (ij) except to the extent a valid appointment of a Custodian has
otherwise been made, any person who has not attained age twenty-one (21) at the time an
interest is distributable outright to him or her as the result of my death from any other source.
Such appointment shall be deemed to be made under the Uniform Gifts to Minors Act or
Uniform Transfers to Minors Act then in effect in:
1 . The jurisdiction in which I am domiciled at death, or
2. The jurisdiction in which the beneficiary is domiciled, or
3. The jurisdiction of an existing Uniform Act custodianship for the
minor.
The selection among the foregoing shall be made by my Executor, in my Executor's absolute
discretion.
(b) If the applicable Uniform Act in the governing jurisdiction permits the
postponement of distribution to an age beyond age twenty-one (21) if so directed in the
governing instrument, I hereby direct that distribution shall be postponed until the maximum
age permissible under the Uniform Act.
(c) If I am Custodian under the Uniform Transfers (or Gifts) to Minors Act for
any Custodianship property, and no successor has been otherwise appointed, I hereby appoint
my Executor (or if my Executor declines to serve, such individual or corporation as may be
designated in writing by my Executor) to serve as Custodian under the Uniform Transfers (or
Gifts) to Minors Act for any Custodianship property of which I am the Custodian. Upon
written acceptance of the successor Custodianship, my Executor (or such designee) shall be
authorized to take custody of any such property.
ELEVENTH:
Executor and Trustee.
I appoint my son, THOMAS E. FREDERICK, Executor. If my said son, THOMAS
E. FREDERICK, fails to qualify or ceases to act for any reason, I appoint my son, THEODORE
C. FREDERICK, III, Executor. I appoint FINANCIAL TRUST SERVICES COMPANY, or the
successor to its trust business, Trustee under Paragraph SECOND. My Executor and Trustee
shall not post security in any jurisdiction. My corporate Executor and Trustee, if any, shall
receive compensation for its services hereunder in accordance with its Schedule of Fees in
effect from time to time during the period over which its services are performed. W!:f-
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PAGE EIGHT OF TEN PAGES
Executed this li day of ~ ~t:..J,.,..- ,1999.
I<~AA W.'fA' ..P~(SEAL)
'KATHRYN wf FREDERICK
The preceding instrument, consisting of this and nine (9) other typewritten pages, each
identified by the signature of the Testatrix was on the day and date thereof signed, published
and declared by the Testatrix therein named as and for her last will, in the presence of us, who
at her request, in her presence and in the presence each other have subscribed our names.
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COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF CUMBERLAND
We,t \1'( \A and Con..., I e S Tr; 1:t.. , witnesses
whose names ar signed to the attached or foregoing instrument being duly qualified according
to law, do depose and say that we were present and saw the Testatrix sign and execute the
instrument as her last will; that she signed willingly and executed it 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 the
time 18 or more years of age, of sound mind ~. r no constraint or undue influence.
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PAGE NINE OF TEN PAGES
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Sworn and subscribed to
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before me this 3) day
of ~u.h , 1999.
NOTMW.IUL
KAREN P. 8't!R8. NOTARY PUIUC
CARUaa BORO. ~AlAND CO.. PA
MY eow."'1ON EXPIReIMARCH 1"_
'~~~
Notary Public
COMMONWEALTH OF PENNSYLVANIA :
: 55
COUNTY OF CUMBERLAND
I, KATHRYN W. FREDERICK, whose name is signed to the attached 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 as my free and voluntary act for the purposes
therein expressed.
^<~" W - '1~d~
tA THRYN W REDERICK
1ft
Sworn and subscribed to and acknowledged before me this .81 day of
1999.
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Notary Public
~~
NOTARIAL IUL
KAREN P. rtIR8. NOTARY P&8JC
CARUIU BORO. Q ...IRlMD CO.. PA
MY ~~_ION IXPIRU MARCH 1"_
PAGE TEN OF TEN PAGES
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JOHN H. BItouJos
HUBBKr X. GDJlOY
BROmOS &it GILROY, P.C.
ATrORNBYS AT LAW
4 NORrH HANOVER STRBBT
CARLISLE, PENNSYLVANIA 17013
1'm.BPHONB: (717) 243-4574
FACSIMILE: (717) 243-8227
jbroujosObroUj08gilroy.Com
hgilroyObrouj08gilroy.com
November 3,2006
NON-ToLL POll HA1uusBuR.c AllBA
717-766-1690
Register of Wills
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Re:
Estate of Kathryn W. Frederick
No. 2006-00957
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I hereby certify that Notice of Estate Administration required by Rule 5.6(a) of the Orphans'
was served on or mailed to the following beneficiaries of the above Estate on November 3,2006:
Dear Glenda:
Thomas E. Frederick
713 Yorkshire Drive
Carlisle, P A 17013
Theodore C. Frederick
5327 N. 31st Place
Phoenix, AZ 85016-3719
Notice has now been given to all persons entitled thereto under Rule 5.6(a).
Sincerely yours,
ubert X. Gilroy
Attorney for Personal Representative
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