HomeMy WebLinkAbout12-13-06
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Ivah C. Phillips
also known as
No. 21-- () lo
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, Deceased
Social Security No. 184-12-4544
Bruce Linn Phillips
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
[R] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor
the Decedent, dated 09/27/1997 and codicils dated
Harry J. Phillips, first named personal representative in the Will, died on April 28, 2000.
named in the 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.t.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
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family
or principal residence at 702 Fifteenth Street, New Cumberland
(list street, number, and municipality)
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Decedent, then
84
years of age, died
08/21/2006
at Hillcrest Hospital, Mayfield Heights, Ohio
(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
$
$
$
$
29,000.00
situated as follows:
Wherefore, Petilioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant
of letters in the appropnate form to the undersigned:
Signature Typed or printed name and residence
Bruce Linn Phillips 1029 Schoolhouse Road
Annville, PA 17003
Prepared by the Pennsytvania 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 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 or affirmed and subscribed {i) ~ ~
11 '~ruce Linn Phillips
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~="- _ day of
before me this
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Estate of Ivah C. Phillips
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Social Security No:
184-12-4544 Date of Death:
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08/21/2006
AND NOW,
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, in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters [RJ Testamentary 0 of Administration
(c.I.a.; d,b.n.c.l.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Bruce Linn Phillips, Executor
in the above estate and that the instrument(s) dated 9/27/1997
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
FEES
Letters.......................................... $
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Register of Wills
Short Certificate(s)...................... $
Gary L. James, Esq.
Renunciation............................... $
Attorney:
Affidavits (
)...........................$
I.D. No:
27752
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Is.oO
James, Smith, Dietterick & Connelly, LLP
Address: 134 Sipe Avenue
Extra Pages ( )......................$
~.......v.).I.!..[.....................$
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JCP Fee....................................... $
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Hummelstown, PA 17036
Telephone: 717/533-3280
Inventory................................,..... $
E-Mail:
Other............................................ $
TOTAL.......................... $
(3d ~O{)
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1(1991}
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Last Will
of
IV AH C. PHILLIPS
I, IV AH C. PHILLIPS, a resident of Cumberland County, Pennsylvania, declare that this is my will.
I hereby revoke all my previous wills and codicils.
Article One
Introductory Provisions
Section 1. Marital Status
I am currently married to HARRY 1. PHILLIPS, and all references to my spouse in this will are to
him.
Section 2. Children
a. The name(s) and birth date(s) of my children:
Name Birth date
BRUCE LINN PHILLIPS
KA THY EILEEN PHILLIPS FINLEY
January 29, 1956
February 15, 1957
All references to my children in this instrument are to these children and any
children subsequently born to or adopted by me.
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Article Two
Appointment of My Personal Representatives
Section 1.
Nomination of My Personal Representatives
I appoint the following to be my Personal Representative:
HARRY 1. PHILLIPS
If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve,
the following successor Personal Representative(s) shall serve until the successor Personal
Representative(s) on the list have been exhausted. Unless otherwise specified, if Co-Personal
Representatives are serving, the next following named successor Personal Representative shall
serve only after all of the Co-Personal Representatives cease to act as Personal Representatives.
(1) BRUCE LINN PHILLIPS; THEN
(2) KATHY EILEEN PHILLIPS FINLEY; THEN
(3) KIM S. PHILLIPS AND JAMES FINLEY, JOINTLY, OR THE SURVIVOR OF THEM
Section 2.
Waiver of Bond
No bond or undertaking shall be required of any Personal Representative nominated in my will.
Section 3.
General Powers
My Personal Representative shall have full authority to administer my estate under the laws of
the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal
Representative shall have the power to administer my estate under the Pennsylvania Probate,
Estates and Fiduciaries Code.
2
Article Three
Disposition of My Property
Section 1.
Distribution to My Revocable Living Trust
I give all of my property of whatever nature and kind and wherever located to my revocable
living trust of which I am a Trustor known as:
HARRY 1. PHILLIPS and IV AH C. PHILLIPS, Trustees, or their successors in trust,
under the HARRY 1. PHILLIPS AND IV AH C. PHILLIPS LIVING TRUST dated
SEP 2 7 1997 and any amendments thereto
Section 2. . Alternate Disposition
If my revocable living trust is not in effect for any reason, I give all of my property to my
Personal Representative under this will as Trustee who shall hold, administer and distribute my
property as a testamentary trust the provisions of which are identical to those of my revocable
living trust on the date of execution of my will.
Article Four
Death Taxes
Section 1.
Definition of Death Taxes
The term "death taxes," as used in my will, shall mean all inheritance, estate, succession and
other similar taxes that are payable by any person on account of that person's interest in the estate
of the decedent or by reason of the decedent's death including penalties and interest, but
excluding the following:
a. Any addition to the federal estate tax for any "excess retirement
accumulation" under Internal Revenue Code Section 4980A.
b. Any additional tax that may be assessed under Internal Revenue Code
Section 2032A.
3
c.
Any federal or state tax imposed on a generation-skipping transfer, as
that term is defined in the federal tax laws, unless the applicable tax
statutes provide that the generation-skipping transfer tax is payable
directly out of the assets of my gross estate.
Section 2.
Payment of Death Taxes
Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to
property inventoried in my probate estate shall be paid by the Trustee from that trust. However,
if that trust does not exist at the time of my death or if the assets of that trust are insufficient to
pay the death taxes in full, I direct my personal representative to pay any death taxes that cannot
be paid by the trustee from the assets of my probate estate by prorating and apportioning those
taxes among the beneficiaries of this will.
Notwithstanding any other provision in my trust, all death taxes incurred by reason of assets
transferred outside of my trust or probate estate shall be assessed against those persons receiving
such property.
Article Five
General Provisions
Section 1.
No Contest Clause
If any person or entity other than me singularly or in conjunction with any other person or entity
directly or indirectly contests in any court the validity of this will including any codicils thereto,
then the right of that person or entity to take any interest in my estate shall cease and that person
or entity shall be deemed to have predeceased me.
Section 2.
Captions
The captions of Articles, Sections and Paragraphs used in this will are for convenience of
reference only and shall have no significance in the construction or interpretation of this will.
4
Section 3.
Severability
Should any of the provisions of my will be for any reason declared invalid, such invalidity shall
not affect any of the other provisions of this will and all invalid provisions shall be wholly
disregarded in interpreting this will.
Section 4.
Governing Law
This will shall be construed, regulated and governed by and in accordance with the laws of the
Commonwealth of Pennsylvania.
I signed this, my last will, on S.EP 2 7 1997
J~ c. ~~
IV AH C. PHILLIPS
5
The foregoing Will was, on the day and year written above, published and declared by IV AH C.
PHILLIPS in our presence to be her Will. We, in her presence and at her request, and in the
presence of each other, have attested the same and have signed our names as attesting witnesses.
We declare that at the time of our attestation of this Will, IV AH C. PHILLIPS was, according
to our best knowledge and belief, of sound mind and memory and under no undue duress or
constraint.
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WITNESS
Address:
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Address: t
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COMMONWEAL TH OF PENNSYLVANIA
: SS:
COUNTY OF DAUPHIN
We, IV AH C. PHILLIPS, .s~ ~. \..E.tO~~nd ~'{ l, j AM."t S , the Testatrix
and the witnesses, respectively, whose names are signed to the foregoing Will, having been
sworn, declared to the undersigned officer that the Testatrix, in the presence of witnesses, signed
the instrument as her last Will, that she signed, and that each of the witnesses, in the presence
of the Testatrix and in the presence of each other, signed the Will as a witness.
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IV AH C. PHILLIPS
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WITNESS
Subscribed and sworn before me
~~ e. ~EA... and
.5€ft:. 27 , 1997.
~~~L
~ IV AH C. PHILLIPS, the Testatrix, and by
~ l-. -:s-~~ the witnesses on
Notary Public
My commission expires:
7