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HomeMy WebLinkAbout11-28-06 ; PETITION FOR PROBATE and GRANT OF LETTERS Estate of AGNES L. BROUGH No.!l J - ()~ - I oLJ 0 also known as To: Register of Wills for the , Deceased County of Cumberland in the Social Security No. 193-24-2015 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years ofage or older and the execut or named in the last will of the above decedent, dated 08/03/2004 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h er last family or principal residence at 119-A West Ridge Street. Carlisle. PA. 17013 (list street, number and municipality) Decedent, then 75 years of age, died 11/14/06 at 119-A West Ridge Street. Carlisle. PA. 17013 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 (lfnot 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.s;ooo,oO $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters testamentary ~ <>-:1/1J M _!l-'""";7::::~:.~:""...ondb"'.".) ~ . / n . '-:J Newville PA 17241 g Susan M. Doyle ~ "'~ ~~ <> ..,c li.g -:;- 'ij '""'g. ~~ '" ~ Vi C) ~~ [D-o '.Tl~C) ,u r:: .;> - ::::0 :..:':':007' " ,-, (')0 (") O-n :::;- , ::0 :u-l :> OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } ss COUNTY OF Cumberlanp The petitioner(s) above-named swear(s) or affmn(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 trul dminister the estate c ordin 0 law. d subscribed { )( m . day of .:jl Y.l riQ' ~ ~ ~ ......, c=::. <<::) 0"" :z:; o -< ,...:> CO -p 'n rFl rrl ("") (,')0 --;; :0 :-~ r'~J ;~n_ f~f, :T.J CJ C"JO 'T) ....,., ., ("'5 ,.... m ',i") C) ~ ::c '-e \D ... No. ~l -DiP -- IOlfD . Estate of AGNES L. BROUGH , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ' in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 08/03/04 described therein be admitted to probate and filed of record as the last will of Agnes L. BrouC}h and Letters Testamentary are hereby granted to Susan M. Doyle FEES Probate, Letters, Etc.. . . . . . . . $ ~?js' (j) Short Certificates (5 ). . . . . . $ aopo R:eduudcltionjCft1tu.:\~YiPf\ $ \ 5.00 \~'il\ $ ~ TOTAL _ $ J<l E> Filed. . . . . . . . . . . . . . . . . . . . . . . . 17 South Second treet, Sixth Floor Harrisbura PA 17101 ADDRESS ~. 717-233-1000 PHONE HIOS.80S REV 1105 TIlis 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. Fee for this certificate, $6.00 No. Li.:- ~. ~.... &.~ Local Registrar . p 12994880 NOV 1 5 2006 Date 75 Ib. CounIr'" 000Il VII. eo ~:o rTl~(") :n r- '>/ 0'- Jl'ltlrl ~;:. g:] 0( - LP'"/V7V :.;;?:U>^ COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS ~8 ~ CERTIFICATE OF DEATH n C STATE FILE NUM~ ~ c::>> ~ ~ :z:: o -< N CD ~ ~d C)O . (.is::O --0-.1 0 r-C-j rn :'00 C) C') ~'n-n ._' -n ~=0 H1115.143~.02l2OD6 lYPE I PROIT." PERlU.tENT IlLAC!(INK :r:a :x .... Agnes L. 5. ...,lOst ) 6. "'IliIIl(1ilaoll.dor.1M<l Nov 29,1930 FocIlI_lrllCll et:. I . Cumberland . It. ~ XindafWorll Homemaker ... 119 W. Ridge St., Apt. A Carlisle, PA 17013 __,7L_ 17b. CounIr Cumbe r 1 and 1MIln.a T.........? 17< 0 v-._LJood.. 174.1l9~~J""'- T.". Carlisle Qylllon> Lester Henry . - Vera E. (Wallace) ~ ~ ~ Susan APRX. 6 us F .H f . examp"') ...n. PARTt =~=::"~::-~'::-,;.':"~::-:a:::n:c,.~--"""Mft"IIICh.CII1IIcIfl'llf. III_TECAU__.. -_"_I ---+ L L.J S..J.~,~ ouo..(....._aI): I"H) J"" ete'Vt.L ( CVPJ)) 118 Souths ide Dr., Newville, FA 17241 21< -"'_INamo"'~,..-,..__) 21d. LocaIanIQyI_._..._1 Leola, PA Home, Inc. PA 17013 3c. OaIoSlgnad(1ilaoll.dor."" Np"" /1)' 7<Jtlt 21. w.. c... ReIIIM D....... EAMinIr' Coroner fora R.-on 0Iler1lan Qf 00nIiIaa.? 0'" 119"" ~_ ....ne.Ior____.._ 21.lJldT_IJoa_..Oeorl? 0IlaeI..000Il ""1ICll............~__~....l ,gIv.. 0"'- 0"" 0- /st;v.Y/A-..._ ("l/1j"",_~.)~;. 21..F_ +-< 119...--....- o Plagnnal...",_ o :::;:-but__Udoya o :::;:-""_43dora..1'/W 0-.--......_ 32<==~-.F_. _....230<..._........ pllyIi:IonlollCll_al....",_.. cilirI\' CIUII ~ deIIL ....2..21_.......-"',..... ...--. _"'_1..." tildla ID CIUII ....,.ClnI.. L EoIIrI1e __CAUSE =-..:=~~:.- b. DueID(or..~DI): DutID(Gr..-COftIIlIUIIICtOf);' Ov.. 119 No .. llIL~_ 3lIb. W.._,... 31. _",llooIl -_..~ ).,r ",c..",Doorl? 1(1- 0- Dv.. 119.. 0- D_ O _ DCou~"''' ~ g ~ I 35- ~ -~b,)..~ Id. I ria...l ( I D I LAST WILL AND TESTAMENT OF AGNES L. BROUGH I, AGNES L. BROUGH, of Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and revoke any Wills and codicils previously made by me. ARTICLE ONE SDecific Beauest of'Ian2ible Personal Prooerty I give and bequeath all of my tangible personal property, including, but not limited to, all my automobiles, furniture, furnishings, books, pictures, jewelry, china, linen, silver, clothing, household effects and personal effects, and other tangible personal property of like nature (not including cash, securities and other property uSed for the production of income), together with any existing insurance thereon, to my daughter, SUSAN M. DOYLE, if my daughter survives me; or, if my said daughter does not survive me, to my said daughter's husband THOMAS E. DOYLE, ifhe survives me; or, if Thomas E. Doyle does not survive me, to the issue, per stirpes, of my said daughter. ARTICLE TWO Residuary Estate I give, devise and bequeath all of the rest, residue and remainder of my estate, of whatever nature and wherever situated, to my daughter, SUSAN M. DOYLE, if my daughter survives me; or, ifmy said daughter does not survive me, to my said daughter's husband THOMAS E. DOYLE, ifhe survives me; or, if Thomas E. Doyle does not survive me, to the issue, per sti~, of my ~ ~, daughter. ~~ ~ ':J;j;g ;;g;Eo ~ E:; 8 ARTICLE THREE ,~~fE ~ f~=ne Payment of Taxes and Administrative Exoenses ,.:=:J~~ co ::.:0 E9 'JO C-, :-'0" :Do -'-71 ~ I direct that all estate, inheritance and other death taxes (other than gengin-ski~ng 25 transfer taxes), and all interest and penalties thereon imposed by reason of my deih with remect c; rn to property subject to such taxes by reason of my death, which such property passes througtAny probate estate, and payable to any federal, state or foreign taxing authority, whether payable by my estate or by any recipient of such property, and all my funeral expenses and estate administration expenses, shall be paid to the extent possible out of my residuary estate passing under ARTICLE TWO hereinabove; and, any and all estate, inheritance and other death taxes (other than generation-skipping transfer taxes), and all interest and penalties thereon imposed by reason of my death with respect to property subject to such taxes by reason of my death, which such property passes outside of my probate estate (such property being referred to as "Other Non- Probate Property"), and payable to any federal, state or foreign taxing authority, whether payable '\ ~1tE&lONAR!lH Ill' ATTORNEYS AT LAW LAST WILL & TESTAMENT OFAGNES L. BROUGH 1 by my estate or by any recipient of such Other Non-Probate Property, shall be paid by the recipient of such Other Non-Probate Property. ARTICLE FOUR Protective Provisions The principal of my estate and the income therefrom, so long as the same are held by my Executor, shall not be subject to anticipation, assignment, pledge, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber hislher interest in my estate, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my Executor for any liability of said beneficiary, whether such liability arises from said beneficiary's debts, contracts, torts, or other engagements of any type. ARTICLE FIVE Powers of Executor In addition to and without limiting the powers conferred by case law, by statute, and by other provisions hereof, my Executor shall have the following rights and powers exercisable without the need for court approval: (A) Accept and Retain Investments. To accept and retain any form of real or personal property received by transfer, devise, bequest or otherwise without being required to diversify and without being limited to the types of investments in which fiduciaries are authorized by law to invest. This authority shall specifically include the authority to accept and retain any stock of a corporate fiduciary hereunder, or in any corporation which controls or is controlled by it, or any other corporation in which it holds any ownership interest, together with any stock dividends received thereon, or any stock acquired in the exercise of subscription rights, or received by reason of any consolidation, merger or reorganization, without liability for such retention. (B) Invest. To invest and reinvest in any form of real or personal property without limitation by any law applicable to investments by fiduciaries. (C) Voting Rilili-ts. To vote a security in person or by proxy, to participate in or consent to any merger, reorganization, dissolution, liquidation, voting trust plan, or other action affecting any securities held hereunder, and; to exercise conversion, subscription, and other rights of whatever nature. (D) Title To Property. To register or hold securities and/or other property in the name of a nominee or nominees, including that of a clearing corporation, a depository, in book entry form, or to retain securities and/or other property unregistered or in a form permitting transfer by delivery. (E) Sale. Lease and Other Dealin~s with Property. To sell, from time to time, at public or private sale, exchange, lease, encumber, option or otherwise dispose of all or any portion of assets held hereunder; to make, execute and deliver deeds, mortgages, leases, assignments and other documents necessary to carry out any of the powers granted hereunder, which shall specifically include the authority to grant leases which extend beyond the period SKARA'fCS&ZONARKH lIP ATTORNEYS AT LAW LAST WILL & TESTAMENT OFAGNES L. BROUGH 2 authorized by law, and; to partition, subdivide, improve and impose any restrictions on real estate held hereunder and enter into agreements concerning the partition, subdivision, improvement, zoning or management of any such real estate. (F) Borrow. To borrow money from any person or institution and pledge property as security for repayment of funds. (G) Distributions in Kind. To make distributions in cash or in kind, or partly in each, and; to allot different kinds of property to different shares without regard to differences in the income tax. basis of such property. Any such designation, division, allocation, apportionment or valuation of property shall be binding and conclusive on all parties. (H) Power to Distribute Outright. In any instance where property would be immediately distributable to a beneficiary of a trust, distribution may be made directly to such beneficiary without funding such trust. The receipt of any such distribution by any such beneficiary shall be a full acquittance of the fiduciary making such distribution as to any amounts so distributed. (I) Settle Claims. To institute, prosecute and defend any and all legal proceedings; and compromise, release, adjust and/or settle any debt or claim. (J) Employment of Agents. To employ agents including attorneys, accountants, and others to perform administrative duties. (K) Disclaimer. To disclaim any interest in property which would devolve to me or to my estate by whatever means, including but not limited to the following means: as a 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/beneficiary of an inter vivos transfer, as a beneficiary under any insurance policy, as a beneficiary under an individual retirement account or annuity, and as a beneficiary under any qualified or non-qualified retirement plan. (L) Property Distributable to Minors and Persons Under a Disability. Any property (whether income or principal) distributable to a beneficiary of my estate who is under a disability may be paid directly to such beneficiary, to the parent or guardian of such beneficiary, to a custodian selected by my Executor (other than my Executor) under the Pennsylvania Uniform Transfers to Minors Act or under a similar act of any other state, or to persons caring for or having custody of such beneficiary (other than my Executor), or may be applied for such beneficiary's benefit by payment to such other persons, organizations or institutions (other than my Executor) as my Executor may select, and the receipt of any such payee shall be a full release therefor. The receipt of any such payments by any such person shall be a full acquittance of my Executor as to any amounts so paid. Any beneficiary hereunder shall be considered to be under a disability while under the age of twenty-one (21) years or at any time when, in the opinion of my Executor, such beneficiary is incapacitated in any way so as to be unable to properly manage his/her affairs. ARTICLE SIX Fiduciaries (A) Appointment of Executor. I appoint my daughter, SUSAN M. DOYLE, as Executor of this Will (my said Executor and any successor Executor or co-Executors shall be ~'f(E&~up ATTORNEYS AT LAW LAST WILL & TESTAMENT OFAGNES L. BROUGH 3 referred to herein as my "Executors" or "Executor"). Upon the death, renunciation or resignation of my said daughter, I appoint my said daughter's husband, THOMAS E. DOYLE, as successor Executor. (B) Miscellaneous. Any successor Executor shall succeed to the capacity of its predecessor without re-conveyance or transfer of property and have all of the rights, powers, authorities and discretion conferred upon the original Executor. No successor Executor shall be obligated to examine the accounts, records, or acts of a previous Executor, as the case may be, nor shall any such successor Executor in any way or manner be responsible for any act or omission to act on the part of any such previous Executor, as the case may be. No Executor serving hereunder at any time shall be required to file any bond or enter security in any Court or jurisdiction in which such fiduciary may be called upon to act. ARTICLE SEVEN Interoretation (A) Child. Children. Grandchild Grandchildren and Issue. Whenever the terms "child," "children," "grandchild," "grandchildren" and "issue" are used herein, such terms shall be interpreted to include adopted persons as well as natural persons, provided in each instance that the adoptee is under the age of eighteen (18) years at the time of adoption. Such terms are also intended to include persons in gestation at any pertinent time under this Will, provided such persons survive birth by thirty (30) days. In applying any provision of my Will which refers to a person's "issue, per stirpes", the children of such person are heads of their respective stocks of issue, whether or not any child of such person is then living. (B) Survival Clauses. If any beneficiary hereunder should die within ninety (90) days after my death or within ninety (90) days after any other person the survival of whom determines such beneficiary's rights hereunder, then such beneficiary shall be deemed to have predeceased me or such other person, as the case may be, for all purposes hereunder. (C) Governing Law. This Will shall be construed and governed in all respects by and in accordance with the laws of the Commonwealth of Pennsylvania. (D) Gender and Number. Where appropriate except where the context otherwise requires, whenever used herein, the singular includes and plural, the plural the singular and words of any gender shall be applicable to all genders. (E) Headings/Captions. The headings/captions of Articles, Sections and Paragraphs used herein are for convenience of reference only and shall have no significance in the construction or interpretation of this Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last Will and Testament, consisting of '5e\Jer'\ OJ typewritten pages, including this attestation clause ~ the follow~g Acknowledgment and Affidavit, to be executed, declared and published this .3 day of 1-\ \J~ US.\- , 2004, at c...ru- \ i s l e- , Pennsylvania. ~oe &--'r AG S L. BROUGH ~1.tE&7DNAHKH UP ATTORNEYS AT LAW LAST WILL & TESTAMENTOFAGNESL. BROUGH 4 On this .'2, r-d day of _p.~.\- , 2004, AGNES L. BROUGH declared to us, the \ll1dersigned, that the foregoing. ent was her Last WIll, and she requested us to act as witnesses to the same and to her signature thereon. She thereupon signed said Will in our presence, we being present at the same time. We now, at her request, in her presence, and in the presence of each of us, hereby subscribe our names as witnesses thereto.. By so doing, each of us declares that he or she believes this Testatrix to be of sO\ll1d mind and memory. Witness Address: lot,. ,I Z S" 7 fA. ~,. c.IA1'1P t,.I, tl fM. ,..., 6 ~ P.a4 No~ ~ ~c~~,~A \llCJ\ ~RL/:SO/J ~, -If 3 I vi!,,) 'ff;tAFn {/4 ( 703' ~'ilE&~llP ATTORNEYS AT LAW LAST WILL & TESTAMENT OF AGNES L. BROUGH 5 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) ) SS: COUNTY OF DAUPHIN 1, AGNES L. BROUGH, the Testatrix, whose name is signed to the attached or foregoing instrument, having been dilly 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. ~~~ AG S L. BROUGH Sw~ or affirmed to and acknowledged before me by AGNES L. BROUGH, the Testatrix this 3 dayof A.UJl)~ ,2 04. . COMMO~TH OF P~SYLVANlA M'ndy Notarial Seal Cityl of ~Sr:-' Nofluy Public My CoIumiQi S IUJ, .Dauphin County 011 &pires Apr. 18,2006 SKARAn:B&1DNAOOI UP ATTORNEYS AT LAW LAST WIU & TESTAMENT OFAGNES L. BROUGH 6 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) we,it"~q,f:,. ('t.lC-lAf , ~ \.A.~~~ , and Y A t Q A--:--tffta I JJthe witnesses, whose names are signed to the attached or foregoing instrument, being dilly qualified according to law, do depose and say that we were present and saw AGNES L. BROUGH, sign and execute the instrument as the Testatrix's 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 twenty-one (21) or more years of age, of sound mind and under no constraint or undue influence. Witness Sworn or affirmed to and acknowledged before me by t5A~, 4. CwI.t..AI CO~~ ~tJQ* ,and 1/~((t IA A . (\;YM.Ji ""' ' the witnesses, this~ day of A~l)S~ ,2004. COMMONWEALTH OF PENNSYLv. Notarial Seal !'tindy s. ~nyder. Notary Public CIty of ~sbw& Dauphin County My Commission Expires Apr. 18, 2006 $ARlA1lE&1DNARIH UP ATTORNEYS AT LAW LAST WILL & TESTAMENT OFAGNES L. BROUGH 7