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HomeMy WebLinkAbout80-00554 0 """ OC) 0 I -' M' t.) , . ... . 10 ~ 0 ... z J:l (, ~~ No, 21-80 55'1 PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY in the Estate of RICHARD H. CARPE~TEB__ , deceased, N\ fiR'" C. L.Ew IS To Ricl.a, <i [, ,^.nScfSM. Register of Wills for the County of Cumberland, in the Commonwealth of Pennsylvania, IS Petitioner(.) me the execut.rix.__ named in the Last Will and Testament of -Richard H, Car-llelltM dated ,~.t.llber n, 1976 Decedent was a citizen of the United States and a resident of Tawnship -Bor:ugh, Cumberland County, Commonwealth Middlesex of Pennsylvania. Decedent died on day of August Fridav the 15th A. D, 19.1liL-, in the County of Cumberland State of Pennsylvania at the age of 56 years, ~ ~ "*' Decedent has not been married and has not had children born to him since the execution of the above described Will. Decedent was possessed of personal property to the value of Unestimated and of real estate to the value of U'i)~st;lMri\ted as near as can be ascertained; said real estate situated as follows f\ (W'It - hliM:: ',~J-ere<:J "V\ ?l r("-D'{ iWfiltpL~ qo f-\c.re..c, \", i'{\;Q(~~nt'f-\;U)N~~'r l!If'lfll',' Therefore, your petitioner(s) respectfully applies for the probate of the said Last Will and Testament and for Letters Testamentary thereon, Dated --Al1g"',t" ??, 1 QRO Cf/7~t(,t'/ /'J1 (!cv~h;tvv / Name and address of Petitioner(s) Evelyn M. Carpenter 1133 Harrisburg Pike Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA ~ ss COUNTY OF CUMBERLAND EVELYN M, CARPENTER named in above application, being duly say(s) that the statements set forth in sworn according to law this petition are true to the best of her SWORN knowledge and belief, and subscribed before Y./;t.OihJ '->;J,? (dr.} ;ie,;.{~ -r I ,L.. 7 me August 22 19.!l~ , ~11" e ~ d :~~l;s [: ~~~r~, Register \'f)f\\l-'I' C. LewIS, (}:qqJ Filed; .;}./-6"b -Sssl August 26, 1980 II-//~ -,3 Attorney: William F, Martson, Esquire WILLIN-I F. MARTSON, P.C. . LAST WILL AND TESTAMENT I, RICHARD H. CARPENTER, of Hiddlesex Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. 1. I direct that all my just debts, funeral expenses, testa- mentary expenses and all inheritance taxes shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of' my estate. 2. If any person to take under this Will shall die simultan- eously with me or under such circumstances as to render it difficult or impossible to determine who predeceased the other, or if any person to take under this Will shall die within thirty (30) days of my death, I hereby declare that I shall be deemed to have survived said person and that this Will and all its provisions shall be construed upon that assumption and basis. 3. I give, devise and bequeath all my estate, both real and personal property, including all vehicles, tools and farm machinery which are owned in my own name, unto my wife, EVELYN M. CARPENTER, absolutely. 4. In the event my said wife shall predecease or fail to surviv me, then I give, devise and bequeath all of my estate, both real and personal property, unto my Trustee, in trust, for the LAW Of'FICES WIWAM F. MAATSON, P.C. following purposes: (a) I direct that my Trustee shall hold, invest and . '. . reinvest the same, collect the income arising therefrom, and after paying all expenses incident to the management of the trust, to use and apply as much of the income and principal as may be necessary in the sole discretion of my Trustee, in equal shares, for the support, well-being and education of my children, STANLEY R. CARPENTER, DEBORAH L. CARPENTER and RANDALL A. CARPENTER, and any other children born of my said marriage. I direct that the income arising from said trust shall be payable in equal shares directly to said children as they attain the age of eighteen (18) years. (b) I direct that each of my said children shall have the right of withdrawal of the principal of his or her share in the following manner: twenty per centum (20%) thereof as each attains the age of twenty-one (21) years; thirty per centum (30%) thereof as each attains the age of twenty-five (25) years; and the remainder of said share as each attains the age of thirty (30) years. In the event any of my said children shall fail to attain the age for distribution of any part of their share and shall be survived by issue, then his or her share shall be held by my Trustee for said issue and distributed to them as each shall attain the age of twenty (20) years. The share or undistributed share of any of my said children who shall not be survived by issue shall be distributed by my said Trustee equally to my remaining children in accordance with the terms hereof. (c) Prior to the di.stribution of the principal of any such share, my said Trustee shall have the sole discretion to invade the principal of said share for the support, maintenance and education of such children or issue of such deceased child, LAW OFI"ICEG WIWAM F. MARTSON. P.C. regardless of age. (d) To the extent that the same is permitted by law, none ~it ~- , a~~ '-' ~c ar H. ar r , ~ . ,0.- LAW O'PICE6 WILLIAM F. MARTlON. P.C. of the beneficiaries hereunder shall have any power to dispose of or to charge by way of anticipation any interest given to such beneficiary; and all sums payable to such beneficiaries hereunder shall be free and clear of the debts, contracts, alienations and anticipations of the beneficiaries, and all liabilities for levies and attachments and proceedings of whatsoever kind, at law or in equity, and, in the case of a married woman, free from the control of her husband. 5. I hereby nominate, constitute and appoint EVELYN M. CARPENTER as Executrix of my estate. In the event she shall be unable or unwilling to serve in such capacity, then I appoint FARMERS TRUST COMPANY, Carlisle, Pennsylvania, to act in such capacity. 6. I hereby appoint FA&~RS TRUST COMPANY, Carlisle, Pennsyl- vania, to act as Trustee under the terms of this Last IJill and Testament. 7. I direct that neither my Executrix nor my Trustee shall be required to file a bond to secure the faithful performance of their duties in any jurisdiction. 8. I authorize my Executrix and Trustee, in their sole and absolute discretion, to purchase or otherwise acquire and retain any investments of which I die seized or any real or personal property of any nature; to sell, lease, pledge, mortgage, trans- fer, exchange, dispose of or grant options in regard to any or all property of any kinJ forming a part of my estate for such terms and such prices as they may deem advisable; to borrow ~.; . . .." , I I i , i , , I , , LAW OFFICES WJLUAM F. MARTSON. P.C. ; money for any purposes connected with the protection and preser- vation of my estate; to mortgage or pledge any real or personal property forming a part of my estate or to join in or secure the partition of same; to compromise any claims or demands of my estate against others or of others against my estate; to make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share; and to execute and deliver such instruments as may be necessary to carry out any of these powers. I direct that my Executrix and Trustee shall have specific powers to comingle other assets which they may receive for the beneficiaries of the Trust, including, but not limited to, life insurance proceeds and savings accounts. IN WITNESS WHEREOF I have hereunto set my hand and seal this.,2.2~ day of October, 1976. Jki~/e~~?v6: (SEAL) SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, RICHARD H. CARPENTER, as and for his Last Will and Testament, in the presence of us, who, at his request, have hereunto subscribed our names as witnesses thereto, in the presence of said Testator and OWL1;I(J;: Qani)A; j) 4).AJ11Jb,,!;'/ I I Page Four 853 , "-"..; .', "~"\ . ; . I I ., ~.. COMMONWEALTH OF PENNSYLVANIA ) : ss. COUNTY OF CUMBERLAND ) I, RICHARD H. CARPENTER, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed Richard H. Carpenter of October , 1976. 1. ;"tt,d6. _f?J-~~- Richard H. Carpe er to and acknowledged before me by , the Testator , this .2..:L.,..l.day ~~~~i~ ':-~,5:' ".;.n..c.u~:U' '...e,F~:.!. C'II\,' . ~ ,~. COMMONWEALTH OF PENNSYLVANIA ) ~:, Com....,," Co"'" F.b.27, 1979 : 55. COUNTY OF CUMBERLAND ) We, TJ..<~tZ;....5.~th.<. ~.;./~ the witnesses whose names are signed to the attached or fore- going instrument, being duly qualified according to law, do depose and say that we w~r~ present and saw Richard H. Carpenter , Testator, sign and execute the instrument as his Last Will; that Richard H. Carpenter signed willingly and that Richard H. Carpenter executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of Richard H. Carpenter , Testator , signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. (JJJL tlllk Address, J/I/ (fJ1JllIf fJtA11J. IdJ~..?It+-(1a. , ~1()r!JA' JJ. /ffJM/I1Jid.l) / /' . A~:&:~~ ~ d'~jlll jJ~ . Sworn or affirmed to and subscribed before me, by 'tJ<.R.iL.';"",.:f. ~<'><..P""'{ -.k...-t:.~ .0 f'-d",.........t-_ this ~~day of October , 1976. 7/1.~ 0I-4v ~ Nota~ Public 854 MAny L,;/\ S~'''' t', Ce,li!:ro, c.,' '. Nof.llry Pu~. My cOl11rni' :'. ::",. Pit. Iwcu l:..pjro5 f.b. 2'1, 1911 ;. ." . .\. "r~"r- ~ ........".r~ ~ .., 'J"''''~ ~ - <:> ~ .... --ll~ ,--I~ E-t - , +'lIf--lt ,,;o;j~ z ~ ...:S fa ~ ;.:l ~ ~!3 z ~ "' 1: 15 ~< :~. --t '" ~... > ... " \,!~"",... -= ~;. L&. ' Z >- ',. . ~,. 1+0+ ... ~ 51 e CI) ... o :c Z ~t'l"fjo P- o ., t< ~ ~ '" I;; Z ,1:1 ~~I'ft ::c: :s ~ ~~ ~ ~j~ ~ ~ ~~ . .".f :cw~ ,.... ~ 1\'0 ~ ...~ . .:i> ~\... ~ 2 ~t~ - t.) ~1} H ~ < ~~. I>:: ~ u .... . " , '. . OATH OF SUBSCRIBING WITNESS MONWEAL'I'H OF PENNSYLVANIA I ss: COUN'I' F CUMBERLAND \ This......................... ............................................. day of .................................................../'/. A.D., 19......... before me Richard E. A erson. Register for the Probate of Wills and grnntin~)e(;ers of Administration in and for said County of Cu / rland. in the Commonwealth of Pennsylvania. personally came .............. /",,,;/ ............................................................. ..................................................::............................................................. / ::::::i:;:~~:::::.:.~..~::.r'~~:~::::.?:~"~::~::: ~..::.:h:l:t:ill::~ late of ................................... ............................. ..... ......... ..,.~............... ...... ..... Cumberland County Pa.. deceased ... who being duly ........................................... ac~grdi~g to la>d~ and say, that ........................................ present. and saw and heard the testa.......::.<..................... ............................................................................. / " sign, seal, publish, pronounce andjeClare the said instrument ofwriti~ and for h................ Testament and Last Will, and at the tim~ so doing .................................................was 0 ound and disposing mind memory and understan . {to the best of ..............................................knowledge, 0 .ervation and belief. ..................... ........................ and subscribed before .................................................................... ............ ...... .................................................................................. .................................................................................... Richard E. Anderson, Register AFFIDA vir OF DEATH COMMONWEALTH OF PENNSYLVANIA 1 ss: COUNTY OF CUMBERLAND \ .............~......................... ...................EVELYN...M... ..CAREENTER.........................................................being duly ..................sMtarn.................. says that as nearly as can be ascertained the said decedent .......................... . ............................RI.CliARD.Jl,....CABJ'.!':N..'hfiR... ................... .............. ..... ...............................................died on .................Eriday.................. the ..........l.5.tb.............day of .............!\\\g~.::;.!;.......................... A.D., 19..~.Q., at or about .......................................... o'clock, ....M. ................~.~~.7.~........................and subscribed this .............................~.~!?-~.......... day of .....~.?<?~.~~..... 19.E!9....., before ....0~.'C;;,:/.....7?.z..[~l/~e~..... - --.-J ..:~f:~Ut;...r!......rZit.~........................... RIeRarEl E. . Eler8eR; RegIster I'f)P.RY C. LEwiS 855 j REV. 1547EX (1-B3) BUREAU OF EXAMINATION I NOTICE OF INHERITANCE TAX PENNSYLVANIA DEPARTMENT OF REVENUE APPRAISEMENT ALLOWANCE OR DISALLOWANCE P.O. BOX B327 ' HARRISBURG. PA 17105 OF DEDUCTIONS. AND ASSESSMENT OF TAX ACN 101 DATE -~ ESTATE OF CARPENTER RICHARD H FILE NO. 21 80-0554 DATE OF DEATH 08-10;-80 COUNTY CjJ1IIl.ERLAIiD NOTE: TO INSURE PROPER CREDIT TO YOUR ACCOUNT SUBMIT THE UPPER PORTION OF THIS NOTICE WITH YOUR TAX PAYMENT TO THE REGISTER OF WILLS OF THE ABOVE COUNTY. MAKE CHECKS PAYABLE TO "REGISTER OF WILLS. AGENT". WM F HARTSON ESQ 10 E HIGH ST CARLISLE PA 17013 PLEASE RETURN THIS PORTION TO REGISTER OF WILLS IF PAYMENT DUE CUT ALONG THIS LINE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - NOTICE OF INHERITANCE TAX APPRAISEMENT. REV. 1547EX (10-52) ESTATE OF CARPENTER RICHARD ALLOWANCE OR OISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX H FILE NO. 21 80-0554 ACN 101 OATE 02-14-83 TAX RETURN WAS: I X ) ACCEPTED AS FILED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN ,. Real Eslale (Schedule Al 2. StOCk5 and Bonds (Schedule 81 3. Closelv Held Stock/PartnersnlP Inle~est (Schedule Cl 4. Mortgages and Notes (Schedule D) 5. Cash & Miscellaneous Personal Property (Schedule E) 6. Jointly Owned Property (Schedule FJ 7. Transfers (Schedule Gl S. Total Assets ) CHANGED 111 I 21 131 ( 4) ( 5) ( 6) ( 7) .00 .00 . De: .00 .00 .00 .00 ( 81 .00 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Administralive Costs/Miscellaneous Expenses (Schedule HI ( 9) .00 10. Debts/Mortgages/liens (Schedule II (101. 00 11. Total Deductions (11) 12. Net Value of Tax Return (121 13. Charitable/Governmental Bequests (Schedule J) (131 14. Net Value of Estate Subject to Tax (141 NOTE: If an assessment was previously Issued, lines 14, 15 and/or 16 and 17 will reflect f fgures that tnclude the total of.All. returns assessed to date. ASSESSMENT OF TAX: 15. Amount of line 14 taxable at 6% rate 16. Amou"lt of line 14 taxable at 15% rale 17. Principal Tax Due TAX CREDITS: .00 .00 .00 .00 1151 1161 .00 .00 X.06= X.1S= 1171 .00 .00 .00 PAYMENT DATE RECEIPT # DISCOUNT 1+1 INTEREST 1-1 AMOUNT PAID . IF PAID AFTER THIS DATE SEE REVERSE FOR CALCULATION OF AODITlONAL INTEREST RETAIN THIS PORTION FOR YOUR TOTAL TAX CREDIT BALANCE OF TAX DUE I INTEREST r-- TOTAL OUE , -.&Q i .001 .00 ! .00 J IIf Balance Due is less tha'" S 1,00 no payment is required) RECORDS '~~ ..... ~ i;":' S~"') u.J~ ",,- t::: "" ~ RESERVATION: In the e.ent that any future interesl in IhlS eslate Is Iransferred in possession or enjoyment to collateral (Class B) heirs of the decedent after the expiration of any estate for lite or for years. the Commonwealth hereby expressly reserves the nght te appraise and assess Iransfer InheritanCe taxes at the lawful collateral (Class Bl rate on any such future interest. purpose of Nolice: to fulfill Ihe reQuirements of Section 709 of the Inhentance and Eslate Tax Act of 1961 (72 P.S. section 2485-709). Interest: Am' partv In Inter!!st not satisfleo wit" the aDpralsemenl. allowance or dIsallowance of deDuctions, or assessment cf tax hncludlng discount or Interesll as shown on this Nollce must oeject wIthin Slxtv (60) days at receiPt of this Notice. Objections ma\' be made as fotlow~: _ by wnllen protest to the Department of Revenue. Board ot Appeals _ by electing to have the matter determined at audit _ by appeal to the Orphans' Court If any tax due is paid within three (3) months aller the decedent's dealh, a discount of five percent (5%) of the tax paid is allowed. . the discount period is calculated in calendar months, E,..amole: dale 01 dealh 1-15-82. d,:;count pe~lod exOI~es 4-15-32. Except for tax on a future Inlerest. inheritance tax becomes delinquent nine (9) monthS from the date 0 f death. . Inhentance tax on a future Interest becomes delinquent at the expiration of three months from: . _ the date of election to prepay or _ the date of death of the Iif e tenant or annuitant Interest is calculated on a daily baSIs from _ delinquent date to date of payment on any tax unpaid on delinquent date _ date of last delinquent payment to date of payment on any unpaid balance. Interest is charged at the following rates: Objections: Discount: Delinquent Date Annual Interest Rate Daily Interest Factor 5/27/43 to and including 12/31/81 1/1/82 to and IncludIng. 12/31/82 1/1/83 to and Including 12/31/83 6'ro 20% 16% .000164 .000548 .000438 . If a tax balance remains outstanding lor more than one calendar year, a separate interest determination must be made for each year at the applicable rate. (Only one calculation IS necessary it the estate mamtains the constant Interest rate,) Any Not.ce Issued after the tax becomes delinquent will reflect an Interest calculation to fifteen (15) days beyond the date of the assessment If payment is made ailer the interest computation date shown on the Nouce. addltlonal mterest must be calculaled. To Remit Payment: Detach the lOP porllon of thIS Nollce and submit with your payment to the Register of WIlls of the counlV shown on the Notice. . Address Inf'ormation is listed on page 13 of the book.le\. "lnSlruct.ons for InhNl1ance Tax Return tor a Resident Decedent." . Make chec~ or money order pavable to: RegIster of Wills, Agent. Estates that become delinquent on or before December 31. 1981 will m~lntaln a constant interest rate. The rate In effect when the tax f.rst becomes delinquent will remain constant until the dehnquent balance IS paid in full. Estates lhat become delinquent on or after January 1. 1982 will contain a variable mterest rate. Thus. taxes that remain outstand.ng from calendar year to calendar vear will be subject to difterent rates in eflect on each January 1. INTEREST = BALANCE OF UNPAID TAX X NUMBER OF DAYS X DAILY INTEREST FACTOR.