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HomeMy WebLinkAbout03-28-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of MARY C. ZEIGLER also known as File Number ~ \ () \ c>aq<1 , Deceased Social Security Number 177-24-5620 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE~' OT 'B' BELOW:) lZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the EXECUTRIX last Will of the Decedent dated 03/10/2003 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) :~ Q <'-;-.::0 Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following s~(ifany) ~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.) ~,~ (;) ;~; - Name Relationship ~~~.~ ; '.~~ N N o -r &. ~) --- '-'1 (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 770 POPLAR CHURCH ROAD, CAMP HILL. EAST PENNSBORO TOWNSHIP, PA 17011 (List street address, town/city, township, county, state, zip code) Decedent, then 76 years of age, died on FEBRUARY 10,2007 at WEST SHORE HEALTH & REHAB CENTER Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in PA) Personal property in Pennsylvania (lfnot domiciled in PA) Personal property in County Value of real estate in Pennsylvania 15,000.00 $ $ $ $ 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 EMILY L. REYNOLDS, 1060 W. LIMEKILN ROAD, NEW CUMBERLAND, P A 17070 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS 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. before me the 6><6 day of Sworn to or affirmed and subscribed mO--r cJr, ;),COI ~~ r the Register Signature of Personal Representative Signature of Personal Representative C") '::::;0 . 2~ - ~l~ ~.~ ;-...J r-~ C~ --J File Number: d \ 01 ad,~~ C':") >< N u..r -c1 ::::2 Estate of MARY C. ZEIGLER , Deceased:~~ , r:-? Social Security Number: 177-24-5620 Date of Death: 02/10/2007 AND NOW, (\\ CL.S e-h ~ 2> , d c:b I , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT !S DECREED that Letters ."\p~~ ~ f\ ~CL0-j are hereby granted to C'f)' \ \'- \ l. Re> L\ h0.l..~ , and that the instrument(s) dated N-'CLX"Ch \ t) do. D()3 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES (d).dJ ~ ~~'8D-4 Letters ............... $ -Ii /1.4 Short Certificate(s) . . . . . . . . $ '6 ' CX) Attorney Signature: "/'11? f/' <-- Renunciation(s) .......... $ THOMAS J. NS \\ \ r . c)1) Attorney Name: L ")\ . .. $ _ ~ ~C? ... $ l ~. c{) \=\V':::~ ... $ 5"".00 ...$ ...$ .. . $ .. . $ ... $ ...$ TOTAL. .. .. .. .. .. . .. $ Li~OO ~ N o in the above estate Supreme Court I.D. No.: 80143 Address: 52 Gettysburg Pike Mechanicsburg, PA 17055 Telephone: 717-697-1800 Form RW-02 rev. /0.13.06 Page 2 of2 H105.805 REV lI05 This is to ~ertify that t~e .informa~ion here. given is correctly copied from an original certificate of death duly filed with me as Local RegIstrar. The ongmal 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. ~~ - ~ c.d Regi,'nu- '0 '-- , Fee for this certificate, $6.00 (.' . p 13304354 0l/13-/07 Date H1OI5.1.43Rev. 'lIt7 COIIIIONWEALTH OF PENNSYLVANIA' DEPARTIIEHTOF HEALTH' VITAL RECORDS =5 r-..) ii CERTIFICATE OF DEATH ITAllIPU_ ~\~ () -1 ~a9~ ,......, c":) = -.J (2 1".) CD -0 ~ .. ~ IlACK INK t. , AGE (1Ml MldorI . L 76 v... , COl.MY 01' DEATH White SlJRVMHG SPOuSe c-.....,............. 'tL ., . .v. 770 Poplar Church Road t" Camp Hm, PA 17011 FATHER'S NAME (F1nI. _ LIIIIl tL I DeCEDEHT'S ACT\W. IlESIOENCE (100- ..-- t7L .... ~ C9~niborQ TU/p .... t~ Ccuw d1y-". David Shellehamer - ~ ~ ~o . 21L 'SlQHA -........., -:-'...... ........... L F DEATH? v-O No !z l!l '" (J ~ ~ I -7lvrl/..... lItHER 01' DEA !>>. TE 01' INJUIlY _....'-t TIllE 01' INJUIlY INJUIlY AT 'MJRK'l CESCRIllE ION INJURY OCCURRED. NanI - 0 - 0 HcmcIdI ....... IrMIIIgIlIon CcUdra"'_ "- t5101~l5lkJ O(Sl/,;J,7 :M. LAST WILL AND TESTAMENT OF MARY C. ZEIGLER KNOW ALL MEN BY THESE PRESENTS, That I, MARY C. ZEIGLER, of the Township of Rye, County of Perry, and Commonwealth of Pennsylvania, do make, publish, and declare this instrument to be my Last Will and Testament, hereby revoking and making void any and all former Wills by me at any time heretofore made. FIRST: I direct the Executrix hereof to pay all my just debts, funeral expenses and costs of administration as soon as conveniently may be done after my death. I further direct the Executrix hereof to pay all inheritance, estate, transfer and succession taxes which may be levied or assessed upon any property which is included as part of my gross estate for the purpose of any such tax. SECOND: I give, devise and bequeath all the rest, residue and remainder of my estate to my daughter, EMILY L. REYNOLDS, per stirpes. THIRD: In the event that any of my Grandchildren have not attained their twenty-second (22nd) birthday, then in that event I give, devise, and bequeath unto WILLIAM H. REYNOLDS, JR., (hereinafter "Trustee") in trust for the benefit of my Grandchildren any gift, devise or bequest to which they are entitled under this my Last Will and Testament until they attain their twenty-second (22nd) birthday. The principal and income of this trust is ta.qeutili~ed f?r.t:~!; health, education, and welfare of my said m~J 07 ./ '! , 1 '...,., *.../ .10 [; 7 'P,,, ".J U J ;;; - 1 - Grandchildren. I hereby give the Trustee the power and authority to utilize the funds in this trust in accordance with their best judgment as to the needs of my Grandchildren. (a) The trust created under this Third Paragraph of my Last Will and Testament shall terminate when my youngest Grandchild reaches the age of 22, and the trustee is directed to distribute the principal and income then remaining in the trust as set forth in the Fourth Paragraph of this my Last Will and Testament. FOURTH: The trustee shall have the following powers: (a) To exercise all powers granted to trustees by the common law or any applicable statues (as they exist at this date or are subsequently amended), to the extent that they increase the powers granted to trustees. If, however, those powers are in conflict with the provisions of this Will, the terms of this Will shall prevail; (b) To retain any property becoming a part of the trust estate, including non-productive property, without having to account for the loss of income; (c) To convey, sell, transfer, exchange, partition, mortgage, pledge, lease, assign, or otherwise dispose of, hypothecate, or deal with any and all properties in the trust estate; (d) To borrow or lend money for such purposes and on such terms and conditions as the Trustee deems appropriate; (e) To invest and reinvest any assets, funds, properties, or income of the trust estate in such properties or investments (whether income- producing or not) as the Trustee deems appropriate; and (f) To accept from any source any property acceptable to the Trustee to be held as part of any trust hereunder. The trustee also is authorized (but not directed) to accept from the Executrix, at the termination of the administration of any estate of which any trust established herein may be the beneficiary, the assets delivered by the Executrix to the Trustee on the basis of the accounting therefore as submitted by the Executrix, without requiring an audit or other independent accounting of the acts of such Executrix. No Trustee med - 2- hereunder shall have any duty, responsibility, obligation, or liability whatsoever for, or any duty, responsibility, obligation, or liability whatsoever for failure to rectify the acts or omissions of said Executrix. FIFTH: No Trustee shall be responsible or liable for any loss to the Trust estate that may occur by reason of depreciation in value of the properties at any time belonging to the trust estate nor for any other loss to the trust estate that may occur, except that each Trustee shall be liable for his or her own negligence or willful misconduct. SIXTH: Any Trustee may resign by filing a written instrument duly acknowledged of record in the Office of the Recorder of Deeds of Perry County, which filing shall deprive immediately any such resigning Trustee of all powers as Trustee hereunder except those powers appropriate to the administration of the trust during the time required for the transfer of the Trust assets; provided, nevertheless, that at least thirty (30) days prior to such filing, the resigning Trustee shall give written notice thereof to those persons who could in the discretion of the Trustee receive income from the Trust estate and are at such time sui juris. No purchaser from, or other person dealing with, any Trustee is obligated to examine such Deed Records, any such person acting in good faith shall be protected in all transactions with any Trustee, whether or not any such resignation has taken place. If the original Trustee and all successor Trustees named herein, or if any other successor Trustee shall resign, or otherwise cease or fail to serve, the president judge of Perry County, acting in his individual capacity and not his judicial capacity, shall appoint a successor Trustee: 11l8J - 3- Any national or state bank, trust company or other financial institution in the United States having trust powers and a capital and surplus of One Million Dollars ($1,000,000.00) or more shall qualify as a successor trustee. SEVENTH: Upon the appointment and qualification of any successor Trustee, the same duties shall devolve upon, and the same rights, powers, authorities, privileges, and discretions shall inure to him, her or it as to the Trustee originally designated hereunder; and all rights, powers, authorities, privileges, and discretions shall be exercised without the supervision of any court. EIGHTH: I appoint my son-in-law, WILLIAM H. REYNOLDS, JR., as guardian of the person and the estate of any of my Grandchildren who have not attained the age of 22 years. NINTH: I appoint my daughter, EMILY L. REYNOLDS, to be Executrix of this my Last Will and Testament. I do hereby give to the Executrix hereof full power, discretion and authority at any time or times to sell, at private or public sale, mortgage, lease, pledge, exchange or otherwise deal with or dispose of the property comprising my estate as deemed best, to settle and compound any and all claims in favor of or against my estate as deemed best and, for any of the foregoing purposes, to make, execute and deliver any and all deeds, mortgages, contracts, leases, bills of sale or other instruments necessary or desirable therefore. /r; G t3 -4- LASTLY: I direct that no fiduciary appointed by this, my Last Will and Testament, shall be required to give bond and that if, notwithstanding this direction, any bond is required by any law, statute or rule of court, no surety shall be required thereon. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of seven (7) typewritten pages on the margin of which (except this page) I have affixed my initials this 10th day of March, A.D. 2003. m~ C-~L .5-/0-03 MARY . ZEI ER Signed, sealed, published and declared by, the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, and each of us, who at her request, and in her presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~ - 5- County of Cumberland ss. Commonwealth of Pennsylvania ACKNOWLEDGMENT AND AFFIDAVIT We, MARY C. ZEIGLER, the testatrix, and the undersigned witnesses to the Will, the attached or foregoing instrument, having been qualified according to law do depose and say: (a)that I, the testatrix, do hereby acknowledge that I signed the instrument as my Will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b )that we, the witnesses, were present and saw the testator sign the instrument as her last Will, that she signed it willingly and as her free and voluntary act for purposes therein expressed; that each of us in the hearing and sight of the testatrix signed the Will as a witness and that to the best of our knowledge the testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn to or affirmed before me by MARY C. ZEIGLER, testatrix, and Beth Myers and Amy Knauer, witnesses, this 10th day of March, 2003. 111~e ~~L 3-/b-()3 MAR . ZEI R ~~ -J - 6 - ACKNOWLEDGMENT On this, the 10th day of March, 2003, before me the undersigned officer, personally appeared MARY C. ZEIGLER, known to me, (or satisfactorily proven) to be the person whose name subscribed to the within instrument and acknowledged that she executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires: NOTAR1Al sm Amy Knauet, Noltlty ~i@ Mechanicsburg Boroogtl. Cfl\l"~ @1 allffiRffil My Commission Eltpi~ Jar... ~,_.~ - 7 -