HomeMy WebLinkAbout03-29-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Estate of Kathryn B. WILSON
also known as
CUMBERLAND
COUNTY, PENNSYLVANIA
File Number 21-07 -~ ~
, Deceased
Social Security Number
189-03-4601
Sally Ruth Maurer
Petitioner(s), who islare 18 years of age or older, apply(ies) for:
(COMPLETE~' or 'B' BELOW:)
00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) islare the Executrix
last Will of the Decedent, dated 06/08/2006 and codicil(s) dated
named in the
State ralevant circumslances, e.g., ranunciat/on, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom 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
(It appllC801e, enter: C.I.a.; a.D.n.c.t.a.; peaente lite; aurante aDsent/a; aurante mlnontate)
Petitioner(s) after a proper search haslhave 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.)
Name
Relationship
Residence
a
0-.
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his I her last principal resfdence at
1465 Hillcrest Court, Camp Hill, Lower Allen Township, Cumberland County, PA
(List street address, town/city, township, county, state, zip code)
Decedent, then 99 years of age, died on 03/05/2007
at Messiah Village, Mechanicsburg, Cumberland County, PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
285,000.00
$
$
$
$
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:
Signature
Typed or printed name and residence
Sally Ruth Maurer 4117 Mountain View Road
Mechanlcsburg, PA 17050
t
.' t..:
Form
Rev. 10-13-2006
Copyright (e) 2006 fO<Tn software only The Lackner Group. Inc.
Page 1 012
Oath of Personal Representative
} SS
}
COMMONWEALTH OF PENNSYLVANIA
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.
Signature of Personal Representative
c.:)
=
--.J
i~)
Sworn to or affirmed and subscribed
_i._
~~::~
,~ -'"
- ,.,)
:-:]
N
1.0
Signature of Personal Representative
(--) (-)
:, ,:::=: -~l
~
1'0
.. 71
o
01
File Number:
21-07- ~3
Estate of Kathryn B. WILSON
Social Security Number: 189-03-4601
, Deceased
Date of Death: 03/05/2007
AND NOW,
~CJ-m. MtUU'll /
, :;).{)07 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me,lT IS DECREED that Letters Testamentary
are hereby granted to Sally Ruth Maurer
in the above estate
and that the instrument(s) dated 06/08/2006
described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters........................................... .
Short Certificate(s).......lD............
tb1Cl ~ ~~
RegisleiOrWllIs ~1
Attorney Signature:
Attorney Name: EDMUND G. MYERS
Supreme Court I.D. No.: 20558
Johnson Duffie
Address: 301 MARKET STREET
LEMOYNE, PA 17043
Telephone:
(717) 761-4540
Fonn RW-02 Rev. lCJ..13-2006
Copyright (c) 2006 fonn software only The Lackner Group, Inc.
Pege2of2
HIOS.80S REV 1105
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.
Fee for this certificate, $6.00
.~frl~',
Local Registrar
Date
MAR 0 8 2007
No.
r-:>.
c--=:>
C?
--l
C)
'-0
:tJ
:J-~p
~;~
~1-Ol-2)!)3
REV 1112006
, PRM IN
-
CKINK
COMMONWEALTH OF PENNS'iLVAlflA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERnFICATE OF DEATH
(See Inlltructlone.nd examp/es on -) STATE flU; NUMBER
A. _ oIDeItIl (Month, do" _)
March 5.2007
l._oI_(RrIt,_,IMI,_)
Kathryn B. Wilson
5.Ago(l.ul1lir1lldoy) ~1
-
99
YlI.
.. Collnly 01 1lIa1l1
Clmberland
,
12.___~'"
U.8.__
OYtl ~
--.
_RooIdonc:o 17LSIIIo
171>. County
T.nWPT Al1pn
11.-'UouII
1(hI0I_
Homemaker
. 18.-...~_t-.c:llyI-'_,zIp_)
1465 Hillcrest Court
Camp Hill.Pa 17011
It F-._ (Fill, "**-Ilol.....)
Charles Berr
2OI.1nklImonI'._(T\'llI11'l1nIl
Sall Maurer
21L~oIlliopooIIon
~- 0-""",-
0Ih0f.
Pa
Cumberland
l:.~ 17c.]t] v..._lMd~
T""""""? 17d.ONo._lMd_
_ Umlsol
19,_'_IFiIII.-.IlIIidIn_)
Cora Smith
2lh_.~_(8noI.c:llyI-'_,zIp_)
4117 Mountain View Road Mechanicsbur .Pa 17050
O~ O~ 21c_0I~1II-0I..-y.cr-,..._plsce) 21d.l.ocIIIan(Qly/-,_,zIpaxll)
1:::::=:'~-OYtlONo .March 9, 2007 Rolling Green Cemetery Camp Hill. Pa
220_II1II_01-' 1903 Market Street
Myers-Harner Funeral Home Inc . Pa 17011
230. TO...beotol""--.,__II......,dlillllI1dploco_. (S9IQn1l1d") 231>. ~_ 230. OlIo SlpdI_,dIy. \'OlIIl
P11'18: EAlIr oltw...... MrdIrlnI MNrIdvJ kl dMIh
bulnollllUlllng~"'IIllIsrIyIng""''''''~PIllI.
2lI. _ ClIo R_to _~ I Coroner for. Rsuoo Olhor lhon Cllmallon... DonoIIon?
OYtl ONo
29.llId Tcm:co Use C<lnIIIMllto Dulh?
o YtI Ol'nibollly
E:(Noo_
29.W_:
ffNoo__pat,..,
o "'-11....01_
o Noo_bul__42doqo
ol_
D Noo_buI_ol3d1" 10 1,..,
--
o _W__"__
32c.==~_F-',
....-_btOOlllllllldIll'_ 24.1lmo0lDoolh
....--. 0\00 ~ M.
CAUSE OF IlUfH (s. .....- .... )
illm27.PII1I: =:~~..~.:~~'*::..~.:.::enIIr___.._......
=:II:~C\~. LMs"ihOrJ
Due 10 (......_ol):
=:::t~1i:c....:.~.. b //lYlI/ tAMt-U M6Hj~h'c, 10 livV'
EoIOr"__CAuIl! Due"'I......~ol):
=-..:>>:t,~ c.
DueIo(OfU8lXlnlt1ql.1enCeor):
~_:
OnIIlto _
nI'J~
~u.1'
&n1~Ji~ hurl- ~illl/e...
A-m:~1 Iib";/ldMI-I
d.
3IlL Wu .. Al*'PIY
-
32g.l.ocIIIanol~l-'dIy/-'_)
3lI> _~ RndIngs
_Prior"'~
01 c... 01 00Ith?
OYtl ~
31....,.01_
Li_ D-
O -. 0 PII1dlng InvIIIIgdon
0- OCauldNoolll_
OYls ~
311d.l1mool "*"'t
II.
:l3L CII1k 1-.,., lIllI)
. CllIlIIy/IIt,....,IPhyIloiInCll1lfyilg-af__-""'*""'-..........._IOdOOlllllllld....23j
Tollllbtll...., .......--.... to... llIlIII(Il II1II -..________ _ _ __ ________ __ __ _ __ _______ 0
. --.........,..~I~boIIlplOllOlllCilg_IIIIICII1IfyilgIo_oI_)
Tollllbtll....,....... _ _ 11l1li_ _II1II pIIoo, II1II ......l1li CIUII(.)... _.. ___ _ _ _ _ _ _ _ _ _ _ _ _ _ __
. ===--=.../or~llImy....___IIIIII__....plIoo.IIId......IIIICIUII(.)IIIII_..__ 0
:~),:)
330. ~ ~ ,/ 33d. _ Slpd (IloolI1. diy, 'fIOI)
mVT~SY~ ~3-0S-~7
34._II1d_oI.......Who~c...oI_I....27) l\III/PIill
~Ihf-" II IV iJf) ~ t!> A~ m [)
IZ''Q'~-r ~(,..'c~,.J ~x.- i9 1;V~
35. RegIoIJIt.
~
OIIpoeIIIonPennitNo.
I ..21- /1 ~ I / I / I
:z
~t::;~
7"
1')
\.D
-0
-=;~
--ih
N
o
(j'\
Top.
Cilyllloro
,>
"
:. .
'.
" .
" ..
,"
Last Will and Testament
o
--r-J
"
. 1
"'':J
" ,
,-'
i')
\. ')
OF
KATHRYN B. WILSON
r<}
.'
.."\
I, KATHRYN B. WILSON, of Lower Allen Township, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding, do
hereby make, publish and declare this as and for my Last Will and Testament,
hereby revoking and making void any and all Wills or Codicils at any time
heretofore made by me.
ARTICLE I
DEBTS
I direct the payment of all my legal debts and the expenses of my last illness
and funeral from my Estate as soon after my death as conveniently may be done.
ARTICLE II
TANGIBLE PERSONAL PROPERTY
I give and bequeath my motor vehicles(s), household and personal effects and
other tangible personalty of like nature (not including cash or securities), together
with any existing insurance thereon, unto those of my daughters who survive me, to
be divided between them in as nearly as equal shares as practical, provided that my
Personal Representative shall deliver any such items for the benefit of my daughter,
.'
"
"
:, .
.
" '
VIRGINIA LOU WILSON, unto my Trustee to be held as specified in Article IV
hereafter.
ARTICLE III
REST, RESIDUE AND REMAINDER
I give, devise and bequeath all the rest, residue and remainder of my Estate, of
whatsoever nature and wherever situate, as follows:
A. ONE-HALF (112) thereof unto my daughter, SALLY RUTH
MAURER, or her then-living issue, per stirpes, should she predecease me;
B. ONE-HALF (112) thereof unto my TRUSTEE, hereafter
named, IN TRUST, to be held, administered and distributed as the
VIRGINIA LOU WILSON SPECIAL NEEDS TRUST, as set forth in
Article IV hereafter, provided my daughter, VIRGINIA LOU WILSON,
survives me, otherwise her share shall be distributed in accordance with
Paragraph A hereof.
ARTICLE IV
VIRGINIA LOU WILSON SPECIAL NEEDS TRUST
The VIRGINIA LOU WILSON SPECIAL NEEDS TRUST shall be held,
administered and distributed as follows:
2
.'
,'.
A. My Trustees shall pay to or apply for the benefit of my
daughter, VIRGINIA LOU WILSON, for and during her natural life, as
Trustee in her sole discretion may from time to time deem necessary or
advisable for the satisfaction of the beneficiary's special needs, and any
income not distributed shall be added to the principal.
B. Upon the death of my daughter, VIRGINIA LOU WILSON,
the principal of this Trust, and any accumulated and undistributed income of
this Trust, shall be distributed in equal shares unto my then living issue, per
stirpes.
C. As used in this instrument, "special needs" refers to the
requisites for maintaining the beneficiary's good health, safety, and welfare
when, in the discretion of my Trustee, such requisites are not being provided
by any public agency, office, or department of any city, county, or state
government, or by the federal government, or any other public or private
agency. "Special needs" shall include, but not be limited to medical and
dental expenses, medical and dental insurance, clothing and equipment,
travel, entertainment, programs of training and education, including
vocational training, and essential dietary needs.
D. It is my intent in creating this Trust that because VIRGINIA
LOU WILSON is disabled and unable to maintain and support herself
independently, my Trustee shall, in the exercise of her best judgment and
3
..'
'.
,. .
fiduciary duty, seek support and maintenance for the beneficiary from all
available public resources, including Supplemental Security Income (SSI),
Old Age Survivor and Disability Insurance program (OASIS), Medicare,
Medicaid, Federal Social Security Disability Insurance, and any other
appropriate state or local or private agency serving the disabled. In making
distributions to the beneficiary for her special needs, as herein defined, my
Trustee shall take into consideration the applicable resource and income
limitations of the public assistance programs for which the beneficiary. is
eligible.
E. It is my further intent that no part of the corpus of this Trust
shall be used to supplant or replace public assistance benefits of any
city, county, state, federal or other governmental agency. For these
purposes, in determining the beneficiary's eligibility for such benefits, no
part of the principal or income of this Trust shall be considered available to
the beneficiary. In the event my Trustee is requested by any department or
agency to release principal or income of the Trust to or on behalf of the
beneficiary, to pay for equipment, medication, or services that other
organizations or agencies are authorized to provide, or in the event my
Trustee are requested by any department or agency administering such
benefits to release Trust principal or income for this purpose, or in the event
any department or agency administering such benefits petitions any court of
competent jurisdiction for these same purposes, my Trustee shall deny such
request and are directed to defend, at the expense of the Trust established
4
hereunder, any contest of this provision of attack of an~ nature. My Trustee
shall have complete discretion with regard to any such claims, including
management of all litigation which may result. My Trustee shall also be
authorized in her sole and absolute discretion, to settle, in whole or in part,
or otherwise compromise any such claim or litigation.
ARTICLE V
TRUSTEE
I name, constitute and appointment my daughter, SALLY RUTH
MAURER, Trustee of the VIRGINIA LOU WILSON SPECIAL NEEDS
TRUST. Ifmy daughter, SALLY RUTH MAURER, fails to qualify or ceases to
so act, I name, constitute and appoint my granddaughters, ELIZABETH M.
HARDING and KATHRYN R. MAURER, Successor Co-Trustees. If either
Successor Trustee fails to qualify or ceases to so act, the other Successor Co-
Trustee shall be authorized to so act without the appointment of another individual
Successor Co-Trustee. I direct that no Trustee named herein shall be required to
post bond. I also authorize my individual Trustee(s), when acting in the office of
Trustee, to select a trust company having a place of business in Pennsylvania to
act as Corporate Co-Trustee. I also authorize my individual Trustee( s) to replace
the Corporate Co-Trustee no more often than once in a five-year period.
5
'"
~ . . '.
ARTICLE VI
UNIFORM TRANSFERS TO MINORS ACT
In the event any beneficiary of my Will has not reached the age of twenty-
five (25) years at the time for distribution of his or her share, distribution of said
share may be made in the discretion of my Personal Representative after
considering the age and needs of the beneficiary, either directly to the beneficiary
or to a Custodian for such beneficiary until age twenty-five (25) under the
Pennsylvania Uniform Transfers to Minors Act, 20 Pa. C.S.A ~ 5301 et seq., or the
applicable Uniform Gifts to Minors Act or Uniform Transfers to Minors Act in the
state of residence of such beneficiary as the case may be. My Personal
Representative may designate as such Custodian any institution or person,
including my Personal Representative, qualified to act as a Custodian for such
beneficiary under such Act in effect at the time such distribution is made. A
receipt for any payment or distribution so made shall be a full discharge therefor to
my Personal Representative, who shall not be responsible to see to, or be liable
for, the application of such proceeds thereafter.
ARTICLE VII
POWERS OF PERSONAL REPRESENT A TIVE(S) AND TRUSTEE(S)
My Personal Representative(s) (Executor or Successor) and Trustee(s) shall
have the following powers in addition to those vested in them by law and by other
provisions of my Will applicable to all property, whether principal or income,
6
, ..
"
Ii'. '.
, .
including property held for minors, exercisable without court approval and
effective until actual distribution of all property:
A. To make distribution in cash or in kind, or partly in cash and partly in
kind, and in such manner as they may determine.
B. To retain any or all of the assets of my estate, real or personal, without
restriction to investments authorized for Pennsylvania fiduciaries, as
they deem proper, without regard to any principle of diversification or
risk.
C. To invest in all forms of property without restriction to investments
authorized for Pennsylvania fiduciaries, as they deem proper, without
regard to any principle of diversification or risk.
D. To sell at public or private sale, to exchange, or to lease for any period
of time any real or personal property and to give options for sales,
exchanges or leases, for such prices and upon such terms or conditions
as they deem proper.
E. To allocate receipts and expenses to principal or income or partly to
each as they from time to time think proper.
F. To compromise any claim or controversy.
7
" , ."
G. To make such elections, decisions, conceSSIOns and settlements in
connection with all income, estate, inheritance, gift, generation
skipping or other tax refunds and the payment of such taxes as my
Personal Representative shall deem appropriate, without obligation to
adjust the distributive share of any person thereby affected.
H. To combine, without prior court approval, any Trust contained in my
Will with any other Trust with substantially similar provisions,
although such Trust may have been created by separate instrument.
ARTICLE VIII
PERSONAL REPRESENTATIVE
I name, constitute and appoint my daughter, SALLY RUTH MAURER,
Executrix of this my Last Will and Testament. Should my daughter, SALLY
RUTH MAURER, fail to qualify or cease to so act, I name, constitute and appoint
my granddaughters, ELIZABETH M. HARDING and KATHRYN R.
MAURER, Co-Executrices, to complete the administration of my Estate. If either
fails to qualify or ceases to so act, I direct that the other shall complete
administration. I direct that no fiduciary appointed herein shall be required to post
bond for the faithful administration of the duties required in any jurisdiction.
8
"
t' .. '.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my
Last Will and Testament, this 3f!- day of if~ 2006.
~Y.~ ) (SEAL)
KATHRY B. WILSON
Signed, sealed, published and declared by the above-named Testatrix, as and
for her Last Will and Testament, in the presence of us, who at her request, in her
presence and in the presence of each other, have hereunto subscribed our names as
witnesses.
~YJ~
~Md14t
:276503v2
9
.'
.. .
. .
AFFIDAVIT AND ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
: SSe
COUNTY OF CUMBERLAND
We, KATHRYN B. WILSON, 6j)muPJ (!. 1H/t,(J
and lU"I('II~cr 15 . R ,,/r , 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 authority that the Testatrix
signed and executed the instrument as her Last Will and that she had signed
willingly and that she executed it as her free and voluntary act for the purposes
therein expressed, and that each of the witnesses, in the presence and hearing of the
Testatrix, signed the Will as witness and that to the best of hislher knowledge the
Testatrix was at that time eighteen years of age or older, of sound mind and under no
constraint or undue influence.
.
~~i. ::i~'" ?
~iJ~
Witness
6Md /4
10
.' .
\ .
.. .'
Subscribed, sworn to and acknowledged before me by KATHRYN B.
WILSON, Testatrix, and subscribed and sworn to before me by
6 l)/H.u AJj) a. /flYa-~J and IP!II,(JaA~ 1fT If. R",,~
.
witnesses, this ~ T ,+ day of -:] t..l. f\ ~
2006.
~.'fl{~
No Publ
COMMONWEAlTH OF PENNSYlVANIA
NOTARIAL SEAL
GAil J. MAHONEY, Notary Public
lemoyne Boro., Cumberland County
My Commission Expires Feb. 19. 2010
11