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HomeMy WebLinkAbout03-29-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Dean D. Willhide File Number 21-07-0w;L also known as I Romayne M. Willhide deceased on March 26, 2006 , Deceased Social Security 174-05-1473 Petitioner(s) who is/are 18 years of age or older, apply(ies) for: [Xl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Excutrix was named in last Will of the Decedent dated April 26, 2006 and codicil(s) dated N/A (state relevenat 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: [ l B. Grant of letters of Administration (If applicable enter: c.t.a.; d.b.n.c.t.a.; endente Me; 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.) Decedent then 86 years of age died on 3/9/07 730 W. North Street, Carlisle Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: ~,:)..>~ ~-~ . ADDRESS 1 NAME2 ADDRESS2 NAME3 ADDRESS3 C) C ;~;~ ~~~o ; ..-'"-! ~..:;... rT'~ .~:D I...Jj :;;::: CO) ;C) '-', .-.-- ......, ........~ C5 -.J :A ):> ;;c; N t.D p ---=:p" .. '.~1 -..'0...,) ---l w w Page , of 2 OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corn: 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 -:7~~../~/L...uA ~.4 before me this ,J,q.u. mG/rJIl1/2JfJ7 ~L.~~yv----~_ ~OrtheRegister " ~ 5;9,),' _,. ~."';t'.,. :T' 0 :;;u '=~ r.;, N D) '~~ w 21-07.-rf!:/J7- i i Estate of Dean D. Willhide ~ , Deceased w 9:'M:ar-07 Social Security Number: 174-05-1473 Date of Death AND NOW , 20'ff1-Jn consideration of the Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Virginia L. Guernsey in the above estate and that the instrument(s) dated April 26, 2006 described in thte Petition to be admitted to probate and filed of record as the las Will (and CodiciI(s) of Decedent) ~ ,f/aJUWt ~~~ Register of Wills fl^ ~ FEES Letters Short Certificates Renunciation L TOTAL.. . /)~~ Page 2 of 2 H'05.805 RBV 1/05 This is to certify that the information here given is correctly copied fro~ 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. Fee for this certificate, $6.00 &1-..'~'~ Local Registrar p 13311364 MAR 1 2 2007 No. Date "'-J G.::> -= ..... (") ~g l-l~) lIe:> c>f- ..~ ~:~ ;a '-' ,/ ....." ~, r \J ~ ..... .c - - C" ! _T'. :'>> :::u N \.0 <..--:: ;::::.. ':::::J .. -j j/- 07- ()3aot w w Hl~I~:oe - IllACK ... COMMONWEALTH OF PENNSYLVANIA. DEPARTMIENT OF HEALTH . VITAL RECORDS CERTIFICATE OF DEATH (Seeln8lrucllona and eumpIH on re_1 u...."'1IiI1 ~I Cly/llanl 7, ...-.. April 14, 1920 Perry Co., P," Ild.Fdy_(1I..._'III_............, 730 w. North St. 12. WIll o..dInI_ln.. u.s.__, XJYII ONo -...... AdAlllRIIidIncI 17..SIIde Ilb. CounIy PA 1\0!>. '7~0 \'oo,_lMd~ 17d.k1 ~""=",,,lMd_ Carlisle CuRil85' laRCl ,9.-"_(RnI,___ Florence Dunkelbe r 2Ob._-.g_~cllyf__2lpcodol ~ ~ 221....... of . ~_23K..,_-.v """'~"'_""'of_" clOIIIy...."'-. ::::'=':"'_br_ 0 ,.-..I n.M. CAUIII OF Dl!ATH Is. _ _..........) ....27.l'IIIf: -...~-_~ar_-...dIIcIIy_...-.DONOI___""".CIIdoc...... ""*"""_ar___"""*"........Ull..,........"'_.... aool .w-- Onool.. 000Ih 28. W. c.. ~ II MIdcIl E--.I Coroner Ilr. Ae8eon Other '*' ClWflltlDnfJl DonIIIon? OYoo ~ . PM It. EnIlW odw ~ lI'InlIIkw. 'llrihAIn m did( 21. 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RlllIQ.._~_..... __....................... ...'__....................................... . =:~"="=:::.:::..."'::'=:.~'"'::c.-=_.___________________ 0 . ==--="""_~"__-"""",-",_",,,,,,,oauaatol..._..__ 0 ~<:l()"1 ~ 36- . la II l.:ll \ I'D I 38. ~_No. 6 rd.c.{..()d,~ ';;:.:J ~.~~ N . -'; \.D -.':j~) /'< -)C);-) :;::::.. ~, ,---~l ::;:::-j --rr~ I, DEAN D. WILLHIDE, widower, of 730 West North Street in the Borough;! Carlim, Cumberland County, Pennsylvania, being of sound and disposing mind, jijemory aDd understanding, do hereby make, publish and declare this as and for my Last Will and Testame'trl, hereby revoking and making void any and all Wills by me at any time heretofore made. LAST WILL AND TESTAMENT OF DEAN D. WILLHIDE () Co :..-- :::0 ) 7,J -'::T::() f'';> = = --J ".:"'"L'" ,-- 1. I direct my hereinafter named Executrix to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I direct that my body be interred on my burial lot located in the Traditional Section of Westminster Cemetery located in North Middleton Township near the Borough of Carlisle, Pennsylvania. I further direct that all inheritance, transfer, succession and estate taxes which may be payable on account of my death shall be paid from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 2. I give and bequeath all of my household goods and furnishings located in the dwelling house which I occupy, including furniture, appliances, cooking utensils, dishes, tableware, bedding, linens, yard equipment, and all other tangible personal property to my daughter, VIRGINIA L. GUERNSEY, her heirs and assigns. 3. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath as follows: A) One-third (113) thereof to my daughter, VIRGINIA L. GUERNSEY, her heirs and assigns, in appreciation for the care and attention which she has shown to my wife Romayne M. Willhide and to me. B) The remaining two-thirds (2/3) to my hereinafter named Executrix, in trust, to receive and to invest the same and to pay the income arising thereon at least annually, one-half to my daughter, VIRGINIA L. GUERNSEY, so long as she shall live, and the other one-half to my son, ERIC D. WILLHIDE, so long as he shall live. Upon the first of them to become deceased, I direct that one-half of the then principal of said trust fund shall be paid to the then living children of my daughter Virginia L. Guernsey, their heirs and assigns, per stirpes, and upon the second of them to become deceased, I direct the remaining principal of said trust fund to be paid to the then living children of my daughter, Virginia L. Guernsey, their heirs and assigns, per stirpes. No title, in any trust hereby created, or in the income accruing therefrom, or in its accumulation, shall vest in any beneficiary and no beneficiary shall have the right or power to transfer, assign, anticipate or encumber his or her interest in said trust, or the income therefrom, prior to the actual distribution thereof by the Trustee to said beneficiary. Further, neither the income nor the principal of said trust shall be liable in any manner, in the possession of the Trustee, for the debts, contracts or engagements of any of the beneficiaries. 4. I hereby nominate, constitute and appoint my daughter, VIRGINIA L. GUERNSEY, as Executrix of this my Last Will and Testament but should she predece~se me or fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint my son, ERIC C. WILLHIDE, as alternate or successor Executor. I further direct that neither of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. , 5. I hereby nominate, constitute and appoint my daughter, VIRGINIA L. GUERNSEY as Trustee of the trust hereinbefore provided, but should she predecease me or fail to serve, or cease serving as Trustee, then in such event I nominate constitute and appoint as alternate or successor Trustee my grandson, HARLAND GUERNSEY, but should he decline to serve or cease serving as such, then in such event I nominate constitute and appoint ~Jl~~ ....... MANUFACTURERS and TRADERS TRUST COMPANY, and its successors, One West High Street, Carlisle, P A 17013, as alternate or successor Trustee. 6. In addition to the powers conferred by law, my hereinbefore named Executrix and Trustee and their successors, are empowered: a. To invest any part of the trust corpus in such securities,- investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific ~ecurity or property or any undivided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. -. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. I. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunte set my hand and seal to this my Last Will and Testament, written on three (3) pages, this ~~+ day of ~f':" J ,2006 114 fr.~ DEAN 1f.1WILLHIDE (SEAL) Signed, sealed, published and declared by DEAN D. WILLHIDE, the Testator above- named, as and for his Last Will and Testament, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~-),..- -?-~ J~t v1.d~ cJ 1-07 - o 3 OJ..; OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA --------------------------------- Estate of Dean D. WiIlhide , Deceased Robert M. Frey and Trisha A. Liess , (each) a subscribing witness to the WWill [ ]Codicil presented herewith, (each) being duly qualified according to law, depose(s) ant say(s) that she / he / they was / were present and saw the Tp.d:ltot: / Testatrix sign the same and that she / he / ~ signed as a witness at the request of DEAN D. WILLHIDE the Testator / Testatrix in her / ~presence and in the presence of ch other. f~'--~_~ (Signature), I 5 South Hanover Street (Street Address) 5 South Hanover Street (Street Address) Carlisle PA 17013 (City, State, Zip) Carlisle PA 17013 (City, State, Zip) Executed in Register's Office Executed out of Register's Offlee Sworn to or affirme9.~d subscribed be~ d<."1fh day of . h 2007 - Sworn to or affirmed and subscribed before me this day of 2007 i:fu~ ~~1tU Deputy or Reglste 0 W s Notary Public My Commission Expirees: (Signature and Seal of Notary or other offical qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. '" o 25 :-; ~ ::: j~fO ~ ~'~_"" r- ,->rn N . i:-,S ~ \.D 23 ~~~ =0 --j :l> ........~ ~ o