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HomeMy WebLinkAbout03-08-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of GLADYS B. YOHN also known as File Number rtl' ()7 - 0:;220 , Deceased Social Security Number 204-28-9542 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor last Will of the Decedent dated 11/512001 and codicil(s) dated 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: o B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente 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: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Relationship Reside~.-_...~. ~.-'-..~.'] , ';1 ;-. '. :::-~~ ;~~......:'., . ';': II r~~",) 1!:"'::':1' ~ Name ..,1- co -~) -~ 1 -0 (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. "i i "".I <___ :0 Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal re~c"b at 129 Allendale Wav. Camo Hill. Lower Allen Townshio. Cumberland Countv. Pennsvlvania 17011 J-~ (List street address, town/city, township, county, state, zip code) N w Decedent, then 66 years of age, died on November 22, 2002 Cumberland County. Pennsvlvania at 129 Allendale Way, Camp Hill, Lower Allen Township, Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (Ifnot domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania 50,000.00 $ $ $ $ situated as follows: Wherefore, Petitioner(s) respectfully 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: T d or rinted name and residence Robert L. Y ohn, 633 Alhambra Road #808, Venice, FL 34285 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ss The Petitioner(s) above-named swear(s) or affinn(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. before me the x Signature of Personal Representative Signature of Personal Representative C) '--..0 ~~ ::-~ 1"-,) r::.:) c:::-:- --".. .'~ "\.,.~ ~.,. ~:.a :::::; I C) . J File Number: III -07 - ~IO Estate of GLADYS B. YOHN 1"_ ::; "j i -n --,h".. r.,,? 0) ---l , Dec~d Date of Death: 11/22/2002 Social Security Number: 204-28-9542 AND NOW, having been presented before me, IT IS DECREED that Letters are hereby granted to Robert L. Y ohn , in consideration of the foregoing Petition, satisfactory proof Testamentary and that the instrument(s) dated November 15, 2001 described in the Petition be admitted to probate and filed ofrec [ FEES Letters ............... $ Short Certificate(s) . . . . . . . . $ Renunciation(s) .......... $ ICP ... $ Automation Fee . . . $ Will . . . $ ... $ .. . $ ... $ . .. $ '" $ ... $ TOTAL.............. $ 90.00 I :If!J 10.00 5.00 15.00 " ~bt.CD ~ Form RW-02 rev. 10.13.06 in the above estate ~ Attorney Signature: Attorney Name: Supreme Court J.D. No.: 83776 Address: 60 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 249-2353 Page 2 of2 LAST WILL AND TESTAMENT OF GLADYS B. YOHN r---' c:-.:..~> c:..:~ I C' -T' - ":. ,'\.~ I, GLADYS B. YOHN, of the County of Cumberland and the Common~1th of.;' Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make~ publish and declare the following to be my last Will and Testament and hereby revoke and make void any and all former testamentary dispositions made by me. 1. I order and direct my Executor to payout of my estate all my just and legally enforceable debts and funeral expenses as soon as can be conveniently done after my death. 2. I authorize and empower my Executor to sell at either public or private sale any and all real estate in which I have an interest at the time of my death. I further authorize my Executor to execute, deliver and acknowledge any deeds or other documents in connection with the transfer of any interest of real estate. This provision does not necessarily require my Executor to sell or otherwise transfer my interests in real property. This provision merely provides my Executor with the authority to do so. 3. All estate and inheritance taxes which may become payable by reason of my death with respect to any property comprising my gross estate for tax purposes, whether or not such property passes under this my Will and whether Federal or State, with any interest or penalty assessed thereon, shall be paid out of the principal of my estate, just as if such taxes were my debts; and no person shall be required to refund or to reimburse any part thereof. Taxes on future interests and remainders may be prepaid. 4. I hereby give and bequeath my engagement ring to my daughter, Robin Sell. 5. I declare that my husband, ROBERT L. YOHN ("Robert ") and I own all of our remaining household goods and furnishings in our residence, as tenants by the entireties, and accordingly, the same will pass by law to my husband as the surviving tenant by the entireties. I give and bequeath all of my personal effects to my children, Robin Sell and Robert K. Y ohn, absolutely. '''',~ 6. In the exercise of the choices of my beneficiaries as set forth in this paragraph, my Executor shall supervise the selection process and shall be guided by equality of value of the items selected, and any disparity of value shall be equalized from the distribution of the beneficiary's residuary share of my estate. In the event that a beneficiary of mine named in this paragraph predeceases me or dies within thirty (30) days from the date of my death, I then direct that the share of said deceased beneficiary shall pass to the children of said deceased beneficiary in equal shares, per stirpes. 7. I give, devise and bequeath to my children, Robin Sell and Robert K. Yohn, should they be living thirty (30) days after the date of my death, absolutely and in fee simple, all the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, with the right to accept the same in kind. 8. In the event that a child of mine predeceases me or dies within thirty (30) days immediately following the date of my death, I direct that the share of said child shall be divided among the children of said deceased child, in equal shares, per stirpes. 9. Should any sum payable under this Will or payable out of my estate as a result of intestacy be payable to a beneficiary who is under the age of twenty-one (21) years, the same shall pass not directly to such person, but instead to my Trustee hereinafter named, in trust, nevertheless, to invest and reinvest the same and to use the net income and such part of the principal as said Trustee shall, in said Trustee's sole and uncontrolled discretion, deem appropriate for the care, maintenance and education of such beneficiary until such beneficiary shall reach the age of twenty- one (21) years at which time any balance remaining shall be paid over to said beneficiary. 10. I nominate, constitute and appoint Robin Sell, Trustee of all trusts created by this my last Will and Testament. Should she be deceased, fail to qualify or cease to act, I then nominate, constitute and appoint Keith Sell, Executor, in her stead. 11. For the purposes of this Will, any adopted person shall be treated as though he or she were the natural child of his or her adopting parents, whether the adoption took place before or takes place after my death. However, for the purposes of this Will, the phrase "any adopted person" shall mean only a person adopted during the minority of such person. 12. I direct that educational needs be interpreted broadly to include not only the cost of actual tuition but shall also include support and expenses reasonably attendant to such education. The term "education" shall be interpreted liberally to include vocational, technical, college, or post- graduate courses of study. The Trustee shall have the sole and final authority with respect to the discretion herein conferred. 13. I further direct that my Trustee as hereinabove provided shall be guided by and consider the written recommendations ofthe guardian who may be acting for and on behalf of any beneficiaries of any trust established hereunder especially with respect to expenditure of principal funds for their maintenance and education. 14. In the administration of my estate, the trusts hereinbefore created and the guardianships created hereunder, my Trustee and guardian shall have the following powers in 2 addition to, but not in limitation of, the powers granted by law to Trustees of trusts, personal representatives, and guardians under the jurisdiction of the Orphans' Court Division ofthe Court of Common Pleas. A. To receive and retain in the trust any assets, real or personal, which I may own or to which I may be entitled at the time of my death, which the Trustee may deem for the best interests of the trust or my estate without being required to convert said assets into so-called "legal investments". B. To adjust and compromise any and all claims owing to or by my estate or the trusts and guardianships herein created or asserted against my estate or the said trusts or guardianships of any kind and character whatsoever. c. To deal with any individual fiduciaries as though they were individuals and not fiduciaries, including borrowing money from them, lending money to them, buying and selling assets, and any and all acts, whether enumerated hereunder or not. D. To pay the expenses oflast illness and funeral of any minor out ofthe share of such minor held by a Trustee. E. To hold in the estate or any trust any stock of corporate Trustee without any liability for conflict of interest. F. To make distribution of principal in cash or in kind or partly in cash and partly in kind. G. To take all actions authorized under this Will without the necessity of accountability to any remainderman and without the necessity ofthe appointment of any guardian ad litem for any heirs in being or potential. H. To take all steps authorized under this Will without the necessity of obtaining a Court order. I. To sell or buy real estate without Court order at public or private sale, to make deeds and give and receive good titles, and to reinvest the proceeds as if they had originated in personal or real property. J. Expenses and losses may be used as deductions for federal income tax or estate tax purposes or partly for each, as my personal 3 representative in said personal representative's sole and uncontrolled discretion shall deem advisable. No adjustments shall be made between income and principal in consequence of the exercise of such discretion. K. Whenever my personal representative is given a choice of dates in valuing property in my gross estate, said personal representative shall choose that date which in said personal representative's sole and uncontrolled discretion is deemed advisable. No adjustments shall be made between beneficiaries in consequence of the exercise of such discretion. 15. Notwithstanding the foregoing provisions, if the principal payable to a beneficiary as aforesaid, whether initially or during the continuance of the trust as aforesaid, shall be or become of such value that, in the judgment of Trustee, it shall be uneconomical or otherwise inappropriate to set up or continue the trust, Trustee may, in Trustee's absolute discretion, distribute the principal, together with any accumulated income, directly to the beneficiary or to a parent of the beneficiary (in which case the receipt by the beneficiary or such parents shall be a full acquittance to my Trustee), or deposit such principal and any accumulated income in a federally insured savings account for the beneficiary, with or without restrictions as Trustee may deem appropriate. 16. The interest of any beneficiary under any trust hereinbefore created shall not be subject to sale, assignment, pledge or transfer and shall not be liable for the debts of such beneficiary, either as to principal or income, as far as the law allows. If for any reason, either the income from the trust or the principal of the trust itself cannot be paid directly to any beneficiary so that such beneficiary can have the use and benefit thereof, then the right of the beneficiary to receive such principal or income shall cease while such condition continues, and Trustee, in Trustee's sole discretion, shall apply such income or principal for the benefit of such beneficiary as provided in the trust or pay the whole or any part of such to the personal guardian of such beneficiary or to accumulate it in whole or in part during the lifetime of such beneficiary and the existence of such conditions. 17. Trustee shall receive annual compensation for Trustee's services hereunder in accordance with the schedule of Trustee compensation for Trustee currently in effect when the services are performed. 18. I nominate, constitute and appoint Robert L. Yohn, Executor, of this my last Will and Testament. Should he be deceased, fail to qualify or cease to act, I then nominate, constitute and appoint Robin Sell, Executor, in his stead. 19. Neither my Executor nor any of their successors nor any Trustee named herein shall be required to furnish bond in any jurisdiction for serving in any capacity designated herein. 4 Jtl IN WITNESS WHEREOF, I have hereunto set my hand and seal thisf day of ~ , 2001. G1~~~ (SEAL) Signed, sealed, published and declared by the above, GLADYS B. YOHN, as and for her Last Will and Testament, in the presence of us, who, at hislher re uest, in hislher presence, and in the presence of each other, have hereunto subscribed our name a witnesses thereto. 5 -, COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF LANCASTER I, GLADYS B. YOHN, testator, 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 that I signed it willingly and as my free and voluntary act for the purposes therein expressed. ~~~ GLADY B. YOH Sworn to or affirmed and acknowledged before me, the undersigned officer, by the testator, GLADYS B. YOHN, this ~ day of /IJ{}{e;KJxr, 2001. ~G~ Nota Public . Notarial Seal Jennifer L. Adams, Notary Public East Hem~fle!d Twp., Lancaster County My Commission Expires May 26, 2003 Member, Pennsylvania Association of Notaries 6 , . . COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF LANCASTER We, Alaine V. Grbach. Esquire and Connie A. Binkley the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say we were present and saw the Testator sign and execute the instrument as the Testator's Last Will; that the Testator signed willing and executed it as the Testator's free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the Will as a witness; and that to the best of our knowledge, the Testator was at the time eighteen (18) or more years of e, of sound mind and under no constraint or undue influence. Sworn to of affirmed and subscribed to before me, the undersigned officer, by 1/al/1€.- j( Of I; rL~ and ftrltt1ie -4 d/lfJ;;:::esses, this ~ day of NtKWu, 2001 / ~f ! o_1f}uxr Notary PublIc . Notarial Seal Jennifer L. Adams, Notary Public East Hem~field Ty.rp., Lancaster Coun My CommIssion Expires May 26, 200~ Member, Pennsylvania Association of Notaries 7 H lO')){()"i [(TV ')/'0() This is to certifY that the information here given is correctly copied from an original certificate of deathdul~ filed with Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filmg. me as WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ~~.~~~~ Local Registrar Fee for this certificate, $2.00 p 8704043 NOV 2 5 2002 Date t-..) C"'::-::J = --.I I CO _.f:o>- -u / :11-07- r1~O ry w H10S.143 Rev. 2/87 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH v... SEX STATE FU NUMBEA SOCIAL SECURITY NUMBER 'T .T K NAME OF DECEDENT IF.... Middle. ... ,. Gla s B. Yohn AGE (l." Bif#'IOIy) UNOI!A 1 YEAR - Doys ~o 66 UNOER 1 DM HourI! .......... 8lATHPLACE (Cty at'd $we or Fcr-otl CClUl'lIfYl . COUHTYOFCE.CfH ~\ . Cumerland DECEDENT'S d...=.:',:::.-::==r . .. SChool Teacher ...Public DECEDENT.S..AlUItO_SSISlr....~._.Z'..~ 129 Allendale Way ,.. Camp Hill, PA 17011 FIG'HER'S NAME (F". MicSdle.I.MI) , Harold A. Batdorf -....rSNAME (T"""","" Robert'L. Yohn METHOO OF OOSPOSITION _aD _0 __81...0 ou._ FUNEAAI. MAIlITAl. SWlJS._ N...M........~ -- School DECEDENT'S ACTUAl. AESlOENCE ----- on co.~ 171. Slate Old - "'-ifU -' T.nw..r All..n ..... ,.... . 17. Mft'T I: entel thI........ in;un. Of compticIIliOnI which CIIUNd lhe CShth. Do U. 0iI1It ON CIWM on HCh line. II. .- . inllNII bIC-..n : 0ftMt and.... I I PIJIIT ft: DUE lO(OA AS. I: 1. WERE AU1'Of'SY FJNOtNQS --.&PIItOIllO COMPlETION OF CAUSE OF DERH' DUE lO(OA 'S.CONSEOUENCE Oft. DUE lO lOA AS. CONSEOUENCE Oft. --- "-- CoukI not be deMt'miMd DATE OF INJURY _.o..,.~ o o o TIME OF INJURY INJURY 1J WORK? DESCRIBE HOW INJUAYOCCURRED. ...0 NoD =AOF~ _ 0 _ 0 -, ,.. 0 NoD _AI. 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