Loading...
HomeMy WebLinkAbout03-13-07 r' , It' L PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of ELEANOR H. STONEBURNER also kno~nas File Number ~/ -07 - 0:1<15 . Deceased Social Security Number 230-24-0609 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 October 31, 1995 and codicil(s) dated August 28.2001 named in the (State relevant cirr:umstances, 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, wll:5 not the victim of a killing and was never adjudicated an incapacitated person: [j B. Grant of Letters of Administration (2 '" ,,-:::::;, = (lfapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante~' late) c:- ..c".) ~ Petitioner(s) after a proper sear<:h has I have ascertained that Decedent left no Will and was survived by the following spouse itt M) an~irs: Administration, c.t.a. or d.b.n.c:t.a., enter date of Will in Section A above and complete list of heirs.) ;:::~ ~~~ W . . -..,.... ./..... Name Relationship Residen; U ~~ ::_) --1 ~ (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland Bethany Vill1i2e. 355 Weslev Drive. Mechanicsburl!;, PA 17055 (List street address, town/city, township, county, state, zip code) County, Pennsylvania with his / her last principal residence at Decedent, then 86 years of age, died on February 21, 2007 Mechanicsburl!;. PA 17055 at Bethany Village, 355 Wesley Drive, Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in P A) Personal property in Pennsylvania (lfnot domiciled in PA) Personal property in County Value of real estate in Pennsylvania 335,000.00 $ $ $ $ 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 ofLettcrs in the appropriate form to the undcnigned: T name and residence I, James E. Stoneburner, II 14105 Clear Spring Road Williamsport, MD 21795 Form RW-02 rev. 10.13.06 Page 1 of2 J I 'r Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF Cumberland 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 ofPetitioner(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 before me the 12>+et.. day of ~~--~ Q~ e~_ I Signature o[Personal Representative Signature o[Personal Representative File Number: ~I- o7-0~4!> Estate of ELEANOR H. STONEBURNER , Deceased Social Security Number: 230-24-0609 Date of Death: Febroary 21,2007 AND NOW, --13 H1 ma.A..r)L , /JDO I. in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to James E. Stoneburner. II in the above estate and that the instrwnent(s) dated October 31, 1995 and Au~ust28, 2001 described in the Petition be admitted to probate and filed ofreco d as the last Will Letters $~ ~O.()O FEES Short Certificate(s) . . . . . . .. $ Renunciation(s) .......... $ . , ... $ $ $ $ $ ... $ .. .$ ... $ ... $ TOTAL. . . . . . . . : . . . .. $ Attorney Signature: Supreme Cotut I.D. No.: Jj 4-0 I. n A (!) f.: 8' f:, ) I Arl tJ t-- Ih.oD 15fX) 10.00 \ t::j .DD Attorney Name: Address: IDe; L ~ {"...s rf ~'I. 1~V'vd b IW, Ie, 17 /tJ ( ..... Telephone: 7' I 2. 3> &--9 3 0 / '-I~~ Form RW-02 rev. 10.13.06 Page 2 of2 H!05)~05 ~V ~105 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 be forwarded to the State Vital Records Office for permanent filing. WARNING: It Is Illegal to duplicate this copy by photostat or photograph. No. ~/Jp~ Fee for this certificate, $6.00 Local Registrar p 13107008 FEB 2 1 2007 \:) ~ o;;g -'_LO ,! -> r-- ';''' rT1 : .~~ !~ ;l:( )Qo _ll__.)'Tj . )~; ,=1~ ---I l'-..) ~ = ........ ~ ~ ;;;:0 w :::2 ~ N N CO ,') ('.... ;'/- 0 7-- Q ~ cf~ I REV 11/2006 I PAINT IN _NT ~lNK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VrTAl RECORDS CERTIFICATE OF DEATH (See Inlltructlone andexampIH on l'lIYef88) 8.011I01_ 7. lI1d_or STATE FILE NUMBER 4,ColedOollllI_do)'.yoooj February 21,2007 86 June 25,192 Nt.Jackson Va. lb. Cool.., 01 08ItIl lIIl.Fdy_ldnol-'g"e_II1d"""" Bethany Village 11,_UOuIII KRlol_ _01 ..Donol_ KRlol~1 hUlry 12-WII__lnlhe U.s.AmlIdF_? Ov. K:JNa -.r. __ 17._ 17b, CoolO1y 13, Doc:odonI'J_ orly~grodoOCllllplolod) e--r~lo-l21 CoIoge(l-4orS+) Pa Cumberland ~~ 17C.~V.._UvodIn 1bwnIhi>? 17d. 0 No. _ Uvod_ Ac1uIll.i*oI tower. Allen Twp, 11- -.r.-._l_cllyl__.zlpccdtl 355 Wesley Drive Mechanicsbur ,Pa 17055 1'_~_{FhI,_.Ioot._1 ClIy/Iloro 20L _ flWlt I PrInI) James Stoneburner 21..llfhodol~ r:::l - 0 _hom_ O 0Il!r. F_ 19.--._lFftl;__.__1 Della Lindemuth 2Ob.lnlormlInI'I!!to!InIl~(_C/lYI__'i.ccdtl 14105 Clear Spring Road Williamsport,Md 21795 21c. PloctolDill>cJollan l_oIcomolo1y. _or_pIoco) Rollin Green Cemete 22C;_II1d_oIFdly .. ~_23I-corly_ ~lInol_.lmool_to cIl1IIy_oI_. _24ol!emullbt~byplllClll lIl1o~_. Pwt It: .EnIer oIh8r IimibnI mdImImMhlllrin in lIMIh but nollllUlllng In Ihe lnloltIln9.....liWn In Pill L ~--_.'ony. =.=:tv::r~. =-~~~ . SE-\/ep.~ Oueto(or..._oI): b.1NANI"'ION Oueto{or..COl'IIIqUlJnCI01): ANtfT"l1 A IrncnH-. H'frE"RTE"NSloN L~T CER~Ro~SW~ A cc.t 0 eN'! 29,~FIlJlIIe: [B"NalJIlIQllIlII-JlIIII'IIf o PfOII'IIl1lllllmeol_ o NaI_butJlllQllllllwill1ln"dajI ol_ D NaI_bul_43dej$101yoo, -- o ~'__lh.posII'IIf 32c. ==::7~bol, F~, ~~=~ c. Oueto(or..._oI): aoo._..~ - d. 311>, _~ Finclo9 _Priorto~ 01 CIuoe 01 0IIlh? ov.. DNa 31._oIlloofl 0- D- O- Ol'wdnglmloollgllllon OSlicldo OCcUclNalllollllllrn*"<l 32d._al~ Ov. ~ II. 32'- n____1niWY (SpIdIy) 0iltlve<10p0lII0r OP_ 0- 0lhIr . Spocfy. 33>, ~ ondlBloolCdor ~ ~n..'W 329-~oIlnjwy(Slrool.cllyl_._1 33I._l_orlyOlllI . CertIfyIof~~<>ortlIyIng_oI_Mw1_~hOo.~_II1d~IIolIl23) To lIlo ""'01"" IolowIodp. __........ CIUIO(I) IOd _ _-. _ _ _ _ _ __ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ . .....................,... ~ (PIlyIIclon bolIl JlllIIICllI1CIn - ond <>ortlIyIng to..... 01_1 33d. 0It0 SIgnod ~,day, ,.." To..._oI..,IrnnIodgo,___IIIl1lo_-.lOdpIICI,lI1d...tolllo__t.}IOd--___________________ 0 0 -k I "'eo F,..L.... st ,'-' . __,Caolnor m ...""2- -, ~V1'Ul"''''::l ....1 20<:> I Onlllo_oI_lOd/or~ln..,oplnton,_--.lho....._IOd......lI1dduo..lho--t.)IOd---- 0 34.NlonoIl1d_oI_Who~CouoIoIlloofl(lIomZ7) llI>O/PrW 35_RogIslm'. onclOlslrlcl --" ,f) / '1- / I 38. .day,jIII) Narn'n\......... Ht:ud....p..y "31.45" ,on'neUe R.€>""J ~ ~ . 1.1'-1 I r7'1 I I p."'p'/ ',f<(lt? C"''''' It-"I PA no II __No 0/755'17 mO I ~I ~. . , . . ,. , I 'I 11Iast mill aub Qrtslamtut OF ELEANOR H. STONEBURNER I, ELEANOR H. STONEBURNER, of the Borough of Camp Hill, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby declare this as and for my Last Will and Testament, hereby revoking all Wills and Codicils previously made by me. ARTICLE I I direct that all my just debts and expenses of my illness and funeral be paid from my estate as soon as conveniently after my decease as a part of the expense of the administration of my estate. ARTICLE II I give devise and bequeath all tangible personal property that I may own at my death, including any automobile or automobiles together with all insurance policies thereon, to my husband, CONRAD P. STONEBURNER, ifhe surviveft me; othernise, I give and bequeath the same to my son, JMvIES E. STONEBURNER, n. I declare that the household furniture, furnishings and linens contained in our residence is the property of my husband, Conrad P. Stoneburner, and is not included in the foregoing bequest. ARTICLE ill I bequeath~ devise and appoint all the rest, residue and remainder of my property, of whatever nature and wheresoever situated, ind.u.dlng property over which I hold a power of appointment, to tIle Trustee hereinafter named, for the follo)\jng (:..-:! purposes: r.-..' c:;.-" C:=) -.J w -'0 r'0 N co .. .. ,- ~. .'. , .. , If my husband, CONRAD P. STONEBURNER, shall survive me, then my Trustees shall pay over to my husband an amount designated Trust" A", if any, equal to (i) the minimum amount after taking into account all deductions other than the marital deduction and applying all credits available, which is necessary as a marital deduction to reduce to the lowest possible amount the Federal Estate tax payable by reason of my death and any Federal Generation-Skipping Tax on any transfer with respect to which I am deemed transferror, less (ii) the value of all other assets in my gross estate which qualify for the marital deduction. and which pass or have passed to my said husband under other provisions of this Will or otherwise. In determining such amount, all assets involved in the calculation shall be valued at final Federal Estate Tax values, but in paying my husband, date of distribution value shall be used and only assets that qualify for the marital deduction shall be used. I intend that the interest of my husband in this amount shall qualify for the marital deduction, and any provisions herein which may appear to conflict with or in any way defeat my intention to obtain the marital deduction for the full amount of the monies paid to my husband under this paragraph shall be construed and applied to accomplish that intention. Moreover, said portion shall not be red ced by any taxes payable by reason of my death. If my husband, CONRAD P. STONEBURNER, makes a qualified disclaimer as de ed in Section 2518 of the Internal Revenue Code as amended of his entire interest, 01' in any portion of the marital dedu~tioll gift set fmth above, the portion so disclaimed shall be held in a separate trust the "Di~cla1Dlcr Trust" for the same purposes and in accordance with the same provisions applicable to the Residuary or Credit Trust "B" set 2 .. ,I, , forth below. The remainder of the property passing hereunder (or if my husband does not survive me, all the property passing hereunder) shall be held in the Residuary or Credit Trust "B" as set forth below in Article IV. ARTICLE IV All the rest, residue and remainder of my estate, real, personal and mixed, of whatsoever character and wheresoever situate, I give, devise and bequeath to my Trustee hereinafter named IN TRUST, nevertheless, to hold, manage, invest and reinvest the same as Trust "B" hereunder, and to pay, expend, use and apply the net income and hold and ultimately pay over and distribute the corpus and principal of the trust as hereinafter provided. to with: (1) The Trustee shall pay the entire net income of Trust "B" to or for my said husband, Conrad P. Stoneburner, during his lifetime, at least as often as semi- annually, and shall pay to or for his benefit such amount or amounts of the principal thereof as my Trustee may, from time to time, in his sole discretion, deem necessary or advisable for his comfort, maintenance, care and support. (2) Upon the death of my husband, Conrad P. Stoneburner, the Trustee shall pay the net income and distribute the principal of the trust to my son, JAMES E. STONEBURNER, IT. lfmy son, James E. Stoneburner, II, shan predecease my husband or shall die before receiving all of the principal of the trust, the principal of the trust or the remaining portion thereof shall be paid to the issue of my said son James E. Stoneburner, IT, per 3 , , \ , . stirpes. ARTICLE V The Trustee may apply the whole or such part as he shall think proper of the income or principal of which, or the benefit of which, any beneficiary under the aforementioned trust shall be entitled to receive, either directly for or towards the support, maintenance, education or benefit of the beneficiary or at the option of the Trustee, he may pay the same to any beneficiary or to his guardian or to such persons that the Trustee shall think proper without the Trustee being liable to see to the application thereof. ARTICLE VI No beneficiary under the aforementioned trust shall have the right to anticipate any payment or payments herein provided for or to give, grant, sell, assign or transfer or in any way or manner dispose of any right herein given, save only, of course, that after any beneficiary receives his or her share of the income or payments as herein provided, he may freely use and dispose of the same as his or her pleasure may dictate, and provided further, tbat both the principal and income of the trust fund while in the hands of the Trustee shall be and remain free from any and all debts, contracts and engagements of any of the persons beneficiary under th.e trust. ARTICLE VII Without limitation of the powers conferred upon tem by this Will, by statute or rule of law, any fiduciary under this Will is specifically authorized and empowered to retain, purchase or otherwise acquire without restriction any stocks, bonds, mortgages, 4 T l , . . . notes or other securities, or other variety of real or personal property, even though such property may not be of the character allowed by law; to sell, lease, pledge, mortgage, exchange, convert or otherwise dispose of any property at i:Uly time fonning part of my estate, in such manner including public or private sale, at such times, for such purposes and for such prices and upon such terms and conditions as said fiduciary shall deem advisable; to borrow money whenever in his judgment it may be advisable, and as security to mortgage or pledge any property fonning part of my estate on such terms and conditions as said fiduciary may deem advisable; to compromise or otherwise adjust any claims or demands in favor of or against my estate; to continue, manage and operate any existing business or enterprise in which I may have an interest as proprietor, partner or principal stockholder at the time of m death, and any interest therein, for as long a period as to him shall seem advisable or desirable in the best interests of my estate, and in so doing to renew, reissue or to make originally all forms or evidences of indebtedness binding my estate for the payment of such sums as he may think necessary, with like power to exercise this right to bind my estate by endorsement of negotiable paper or other forms of instruments and! or to settle, discontinue, liquidate or sell said business or interest therein, at any time, at public or private sale, upon such terms, for cash or on credit., with or without security, and with or without interest, in such manner and at such I prices as in his judgment and discretion may be proper, advisable or advantageous; to make disttibution, divi~i()n or apportiOJ]ment m kind and to cause any share to be composed of ca'i14property, or undivided fractional shares in property different in kind from any other share; to execute and deliver such instruments as may be necessary to 5 , I ~ .j .. .1 . . , . carty out any of these powers; and to do all other acts which any fiduciary under this Will may deem necessary or desirable for the proper execution or discharge of any powers or duties held or imposed upon him, whether by the terms of this Will or by law, any fiduciary under this Will to have all of the discretion and power to do or refrain from doing any or all of the foregoing things to the same extent and as fully, in all respects, as I could do myself if living. ARTICLE VIII I nominate, constitute and appoint Frank M. Balsbaugh, Jr., Executrix of this my Last Will and Testament. I nominate, constitute and appoint Frank .M. Balsbaugh, Jr., Trustee of the Trusts created herein. ARTICLE IX If my husband, Conrad P. Stoneburner, shall die simultaneously with me or under circumstances as to render it impossible to determine who predeceased the other, I direct that I shall be deemed to have survived my husband and that the provisions of my Will shall be construed upon that assumption, notwithstanding the provisions of any law establishing a different presumption of order of death. ARTICLE X All estate, inheritance, transfer, legacy, succession, and other death taxes of any nature, payable by reason of my death, which may be assessed or imposed upon or with respect to property passing under this Will or property not passing under this Will, shall be paid out of my estate as an expense of administration. and no part of said taxes shall 6 , I. 'I . ," . , be apportioned or prorated to any legatee or devisee under this Will or any person owning or receiving any property not passing under this Will, ARTICLE XI No fiduciary acting hereunder as Executor or Trustee shall be required to post bond or enter security in this or any other jurisdiction. IN WITNESS WHEREOF, I, ELEANOR H. STONEBURNER, have hereunto set my hand and seal this :? / day of &;1j-, , , 1995. -i~d~~ Eleanor H. Stoneburner Signed, sealed, published and declared as and for the Last Will and Testament of ELEANOR H. STONEBURJ."'ffiR, the Testatrl~ in our presence, who in her presence, and in the presence of each other, and at her request, have hereunto set our hands as subscribing witnesses hereto. Ult~S lJou;r,{j ame iL~~ol Pit ~ddress -_kh/, J{Lf(. Address 7 " .. . . COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN We, ELEANOR H. STONEBURNER, --LLleod~ 5, l/ 00 nq and Onn ~~ , the Testatrix and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned officer that the Testatrix signed the instrument as her Last Will and that she signed voluntarily and that each of the witnesses in the presence of the Testatrix at her request, and in the presence of each other, signed the Will as a witness and that to the best of the knowledge of each witness, the Testatrix was at the time 18 or more years of age, of sound mind and under constraint or undue influence. Sworn to and subscribed before me by ELEANOR H. STONEBURNER, the Testatrix, and subscribed and sworn to before me by Juend\.} S, \Iot)nq and Gnn .:r, LOf7q . the witnesses. onthis~dayof Off-nt~ .1995 .-~/ Nota.J.y Public My Commission Expires: NOTARIAL SUI. ~y L. DWULET, Not.rJ Public Harrlsburg, Dauptlin Count1, 'A . Illy Comissiori ~p1res Ma~h 19, 1998 8 . . . CODICIL TO 1Eagt Dill &ub m~6t&nt~ut OF ELEANOR H. STONEBURNER I, ELEANOR H. STONEBURNER, of the Borough of Camp Hill, Cumberland County, Pennsylvania, having made my Last Will and Testament dated October 31, 1995, do hereby make, publish and declare this to be a Codicil to my Last Will and Testament. FIRST: I revoke Article VIIT and substitute therefore the following: ARTICLE VIIT I nominate, constitute and appoint my son, JAMES E. STONEBURNER, IT, Executor of this my Last Will and Testament. I nominate, constitute and appoint WILLIAM NELSON, Trustee of the Trusts created herein. SECOND: In all other respects, I ratify and confinn my Last Will amt Testament dated October 31, 1995, except insofar as modified by this Codicil. IN WITNESS WHEREOF, I, ELEANOR H. STONEBURNER, hl[e to this Co~ to my Last Will and Testament set my hand and seal this :2 g day of d l ~-j- ,2001. . &!~-;tJgj-~ Eleanor H. Stoneburner Signed, sealed, published and declared by the above-named ELEANOR H. STONEBURNER, as and for a Codicil to her Last Will and Testament, in our presence, who in her presence, and in the presence of each other, and at her request, have hereunto set our ~ as~ubt: witnesses hereto. fJ-k,,1 < ~~ LJ 2- !..e. l' sY 7~~ Name Address I~P~ Name L~) ef1 d ess ~~~o ::-0 _ ~l~ \~;~ (~~ '. ,-.;. c.-;':'::) r.::;:.:':) .....J w -0 --.""" '" .. .., , "-) co "'. COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPlllN We, ELEANOR H. STONEBURNER, and ~ - d- -4 _ '-', · ~ , the Testatrix and the witnesses respectively, whose names are signed to the attached or foregoing instrument, being first {Ne~ O~- f4-v I duly sworn, do hereby declare to the undersigned officer that the Testatrix signed the instrument as a Codicil to her Last Will and that she signed voluntarily and that each of the witnesses in the presence of the Testatrix at her request, and in the presence of each other, signed the Codicil to her will as a witness and that to the best of the knowledge of each witness, the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. dl~ '{(,~ Testatrix - Eleanor H. Stoneburner /J~(j. L. Witness (~S'P~ Witness Sworn to and subscribed before me by ELEANOR H. STONEBURNER, the Testator, and subscribed and sworn,..t9 be ore me by W 0.--. ~ ....(. ~ ( and ..J. b4-. W ~ the witnesses, on this >,-f ~ of ",-r-- , 2001. My Commission Expires: NOTARIAL SEAL ANN J . lONG. Notary ,Public City of H~g. pau(lhlfl CounQ03ty CommisSIOn EX 8S Oct. 30. 2 2