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HomeMy WebLinkAbout02-15-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of George H. Gottshall also known as George Howard Gottshall CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-07 - (:) \ ~ S , Deceased Social Security Number 203-07 -4646 Linda Mulder Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) 00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executr!x last Will of the Decedent, dated 07/25/2005 and codicil(s) dated none named in the 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 instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: none D B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pedente lite; durante absentia; durante mmon/ate) 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: (If AdministratIon, c,ta. or d.b,n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence T....*" (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at , 72 Green Spring Drive, Mechanicsburg, Silver Spring Township, Cumberland County, PA. (List street address, townlcity, township, county, state, zip code) L::-J .. (.n tJoJ 72 Green Spring Drive, Mechanicsburg, Silver Spring Township, at Cumberland County, PA Decedent, then 86 years of age, died on 12/30/2006 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 situated as follows: 5,000.00 $ $ $ $ Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codieil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Linda Mulder Typed or printed name and residence 1_ Honeysuckle Drive Mechanicsburg, PA 17050 Form - 2 Rev. 10.13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 ot 2 Oath of Personal Representative } ss } 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 . -~\... before me this S day of ,-- t~~f")' 'm ' F"'he Reg;~ei~ r~ \ ' . . 'X'. '}? /' do-- ~efP _"Re~ Linda Mulde, Signature of Personal Representative Signature of Personal Representative File Number: 21-07- tJ/t-fS Estate of George H. Gottshall , Deceased Social Security Number: 203-07 -4646 Date of Death: 12/30/2006 AND NOW, /s f'ch~, having been presented before me, IT IS DECRE that Letters ,d067 , in consideration of the foregoing Petition, satisfactory proof Testamentary are hereby granted to Linda Mulder in the above estate and that the instrument(s) dated 07/25/2005 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. FEES ~:::~~~i;i~~t~('S)....'.'...C~5.'.'.'. : .3)-0'0 ~,d) ~ Renunciation(s)... ........................ $ Attorney Signature: TOTAL..... $ $ $ $ $ $ $ $ $ $ \s.oD lO ,00 5-00 Attorney Name: Robert Clofine L0\ \ \ ::LP ~b Supreme Court I.D. No. 37190 Address: 120 Pine Grove Commons York, PA 17403-5151 Telephone: E-Mail: 717/747-5995 rob@estateattorney.com to ~ ,CO Form RW-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group. Inc. Page 2 of 2 H105.112 REV. 1/05 (FEE FOR THIS CERTlFICA TE $6.0C) WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS LOCAL REGISTRAR'S CERTIFICATION OF DEATH CERT. NO. T 6112933 ~\ DID\l-f~ Name of Decedent t9J~ Sex - h. Date of Birt~"4.A1 Y( '2, Place of De . , cility ame Race ~ Occupation m~ Decedent's 72.. Marital Status . . It. Mailing Addresl~ ',,""" Informant ~ . ~ Funeral Director ~~:~a~~dst~~ -~*#~k, / ~~ Date of Deat~ost &r 3D,:J8 tJ/, , Middle Social Security No. Birthplace City, (c) I I I I I I I I I ~} r r". I ~ \._U , ~~"O ~ J~ (.~-) l') foi!] I:'" '1 '~ t'9.....J Part I: Immediate Cause (a)~~~~ (b) ~lL ~~~~U~ -...., c-:-) -..; r, ; C'f~) Part II: (d) Other ~~~~~i~nin~V'~~ (... . . 'r --. 0, C't, I I ::-.... __~'.'r Manner of Death Describe how injury occurredj =:.; C~--; Natural Accident r,r Homicide Pending Investigation o U1 C ,.,{ Suicide =:J Could not be Determined 0 Name and Title of Certifier~ 'fiJ? C, ~/ 4. if: Address ~ ~ /R 176)11 (MD., D.O., Coroner, M.E.) This 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 State Vital Records Office for permanent filing. Josele A. Finney Attorney at Law One Greentree Centre Suite 201 Maritan, New Jersey 08053-1536 Pennsylvania Offices in Philadelphia and King of Prussia OlIO,O/tiS- LAST WILL AND TESTAMENT OF GEORGE H. GOTTSHALL r--,) c:-:~., i..-:"-' ) I, GEORGE H. GOTTSHALL, residing at 72 Greenspring Drive'\=Mecharnqsburg;PJ,\ 17050 (CUMBERLAND County), make this, my LAST WILL AND TESTAMtr-.JT, a~~ revoke-all prior Wills and Codicils. ' '. Ci ARTICLE I - IDENTIFICATION - FAMILY MEMBERS ..--.." 1.1 Spouse. My spouse's name is MADELINE S. GOTTSHALL. All refererfces in this Trl.lst to "my spouse" are to said spouse. I intentionally make no provision hereunder for my sPa.bJse. 1.2 Child or Children. I have the following children: LINDA MULDER, DAVID GOTTSHALL and ELLEN ACKERSON. All references in this Will to my "children" are to said named children. ARTICLE II - DEBTS AND EXPENSES 2.1 Debts and Expenses. I direct my Executor to pay my funeral expenses, my medical expenses, the costs of administration, including ancillary, and such of my enforceable debts, other than those secured by property specifically devised under this Will or secured by property passing outside of this Will as my Executor, with sole discretion, determines shall be paid. ARTICLE III - RESIDUE 3.1 Residuary Pour-Over. I devise all the residue of my estate, but expressly excluding any property over which I have a power of appointment, of whatever kind and wherever situated, to the Trustee of my Revocable Living Trust which I previously executed today, to be administered in accordance with the terms of the Trust Agreement now constituted and from time to time hereafter amended. ARTICLE IV - FIDUCIARY APPOINTMENTS 4.1 Fiduciary Appointments. I appoint LINDA MULDER as Executor under this my Will. If for any reason LINDA MULDER fails to qualify or ceases to act as Executor, then I appoint ELLEN ACKERSON as Executor. If for any reason ELLEN ACKERSON fails to qualify or ceases to act as Executor, then I appoint as Executor. No Executor shall be required to furnish bond or other security in any jurisdiction. ARTICLE V - ADMINISTRATIVE PROVISIONS 5.1 Survival Presumptions. If any beneficiary fails to survive me by thirty (30) days, then such beneficiary shall be deemed to have predeceased me. 5.2 Taxes. I direct that all estate, inheritance or other death taxes (including interest and penalties, if any) payable under the laws of any jurisdiction by reason of my death, whether or not the Last Will and Testament 1 GEORGE H. GOTTSHALL property generating such taxes passes under this Will or any Codicil (other than any generation- skipping transfer tax, tax on property over which I have a power of appointment, or tax imposed on qualified terminable interest property, which taxes are to be paid according to applicable law or from said property), shall be paid out of my residuary estate, without contribution, reimbursement or apportionment. If my residuary estate shall be insufficient to pay all such taxes or charges, I request that payment be sought from assets of the Revocable Living Trust which I previously executed this date. 5.3 Facilitv of Payment. The Executor may make distributions and payments of income or principal to or for the benefit of any beneficiary who is a minor, or who in such fiduciary's judgment is incompetent or incapacitated, in anyone or more of the following ways: (1) directly to such beneficiary or to his or her attorney-in-fact; (2) directly in payment of the debts or expenses of such beneficiary; or (3) to the Guardian of the person or property of such beneficiary, the parent or parents of such beneficiary, a custodian for such beneficiary under a Uniform Transfers or Gifts to Minors Act, or any other person who shall have the care and custody of the person of such beneficiary. There shall be no duty to see to the application of funds so paid, and the receipt of such person shall be full and sufficient discharge. ARTICLE VI - FIDUCIARY POWERS 6.1 Fiduciarv Powers. Any power or discretion conferred upon my Executor (including any substitute or successor Executor) under this Article or otherwise may be exercised without court approval. In addition to all powers conferred upon them elsewhere in this Will or by law, I authorize my fiduciaries: (a) To retain any property for such periods of time as it shall deem advisable, without regard to any principle of diversification and notwithstanding the same may be of a wasting nature or may not be recognized by law as legal investments for fiduciaries; (b) To sell, transfer or otherwise dispose of the same at such time, to any persons in such manner either at public or private sale, and upon such terms and conditions as shall be deemed advisable; (c) To invest and reinvest my estate in stocks, bonds or other securities, notes, mortgages, shares or other interests in investment companies or investment trusts, legal and discretionary common trust funds or stock of a corporate fiduciary if one is named or in any other property, real or personal, without being limited by any statute or rule of law concerning investments; Jasele A. Finney Attorney at Law (d) To vote in person or by any proxy all stocks held in my estate; One Greentree Centre Suite 201 Maritan, New Jersey 08053-1536 Pennsylvania Offices In Philadelphia and King of Prussia (e) To exercise any election or option in connection with the computation of Federal estate tax and federal income tax liabilities, Pennsylvania Estate Tax and/or Pennsylvania Inheritance Tax, including disclaimers. (f) To execution and file any federal income or gift tax returns for the year in which my death Last Will and Testament GEORGE H. GOTTSHALL 2 Josele A. Finney Attorney at Law One G reentree Cemre Suite 201 Maritan, New Jersey 08053-1536 Pennsylvania Offices In Philadelphia and King of Prussia occurred and for any years prior thereto. Any deficiency, interest or penalties as to such tax returns shall be allocated in such manner as my Executors in their discretion deem equitable and proper; (g) To hold property in its own name or in the name of a nominee or bearer; (h) To exercise the power to allocate to any property, whether or not such property is part of my probate estate, any exemption from the federal tax on generation-skipping transfers provided by IRe 2631, et seQ. with respect to which I am treated as the transferor; (i) To borrow money for purposes of the administration of the estate from anyone, including my Executor or the Trustee under the Revocable Living Trust established by me with or without pledge or mortgage of any assets of my estate; U) To continue my interest in any business or enterprise, to incorporate any such business and to hold the stock as an investment or to become a partner, general or special, in any business which my Executor deems advisable for the benefit of my estate or to take any other action with respect to any such business, interest, partnership or corporation; (k) To renew, assign, extend, compromise or release, with or without consideration, or submit to arbitration, any obligations or claims held by or asserted against my estate; (I) To allocate all stock dividends and liquidating dividends to principal and all other dividends to income; and (m) To make distributions either in property, or by selling property and distributing the proceeds. In this regard, the Executor will have the sole discretion; no beneficiary under this Will shall have any right to require a distribution of property in kind, despite any applicable law to the contrary; 6.2 AccountinQ. It is my desire to avoid the expense and delay of a public or judicial accounting of the administration of my estate. An accounting of my Executor approved in writing by all the then current competent beneficiaries of income and principal and the competent beneficiaries who would be entitled to my estate shall be conclusive and binding upon all persons having an interest in my estate, directly or indirectly. This shall not preclude any fiduciary from electing to submit an account for judicial settlement. ARTICLE VII - DEFINITIONS 7.1 Definitions. References in this Will to "descendant" or "descendants" shall mean child, children, and issue, whether born or adopted before or after execution of this Will, provided that any adoptee is under the age'of eighteen (18) years at the time of adoption. The singular shall be deemed to include the plural, the masculine the feminine, and vice versa. Headings and captions are for reference only. Last Will and Testament GEORGE H. GOTTSHALL 3 Josele A. Finney Attorney at Law One Greentree Centre Suire 201 Madron, New Jersey 08053-1536 Pennsylvania Offices III Philadelphia and King of Prussia IN WITNESS WHEREOF, I subscribe my name this 7h' day of--J v~, 2009'. x~q~ b), 9-#l~&!t GORGE H. GOTTS HAl.! SIGNED, SEALED, PUBLISHED and DECLARED by the Testator to be his/her Last Will and Testament, in our presence and in the presence of each of us, we all being present at the same time; and we, at his/her request, in his/her presence and in the presence of each other, have hereunto signed our names as attesting witnesses. ~I/u~ WI/I,.., ,j /hi e/f..I(!rV , WITNESS , WITNESS COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) I, GEORGE H. GOTT[SHALL, the Testator, sign my name to this instrument this 1J:" day of Jv 11 . ' 20 o~ , and being first duly sworn, do hereby declare to the undersigned aut\lority that I sign and execute this instrument as my Last Will and Testament and that I sign it willingly, and that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 ears of age or older, of sound mind and under no constraint or undue influence. Last Will and Testament GEORGE H. GOTTSHALL 4 Josele A. Finney Attorney at Law One Greemree Cemre Suire 201 Marlron, New Jersey 08053-1536 Pennsylvania Offices In Philadelphia and King of Prussia ~ei...P ~",~if and (JJ} t l\~. flic.Jv s-tV) ,the witnesses, being first duly sworn, do each hereby declare to the undersigned authority that the Testator signs and executes this instrument as his/her Last Will and Testament and that he/she signs it willingly, and that each of us states that in the presence and hearing of the Testator, we hereby sign this Will as witness to the Testator's signing, and that to the best of our knowledge the Testator is eighteen (18) years or older, of sound mind, and under no constraint or l,mdue influence, ~ffL ~I th~ :7 /It/It e IU d~~ ,WITNESS ~7:- ~(/::> W~L d~ ,WITNESS Subscribed, sworn to and acknowledged ~ me. by GEORGE H, GOTTSHALL, the Testator, and subscribed and sworn to before me by ./c~ V0eu:J~ and l,.::h\l,......., AcY.us~ witnesses, this 1.S day of ::r;)~ ,20D'), '" jU~ A NOTARY PUBLIC OF PENNSYLVANIA MY COMMISSION EXPIRES: tJ1Az.c/l 7 ;foC')' COMMON'NEALTH OF PE~}NSY~~V/':".~IA NOTARIAL SEf\L W. DONAlD BREDER NOTftJW PUBLIC UPPER DUBLIN TWP., MONTGOMERY COUNTY MY COMMISSION EXPiRES P.'1ARCH 7, 2009 Last Will and Testament GEORGE H. GOTTSHALL 5