HomeMy WebLinkAbout04-30-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Mary E. Barrick File Number 21-07 - rY-I15
also known as
, Deceased
Social Security 186-28-3875
Petitioner(s) who is/are 18 years of age or older, apply(ies) for:
[X] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executors named in the
last Will of the Decedent dated Dec. 15, 2004 and codicil(s) dated
N/A
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:
/ I B. Grant of letters of Administration
(Ifapplicable enter: c.t.a.; . .n.c.t.a.; en ente ite; urante a sentia; urante mmoritate
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
88 years of age died on
3/30/07 Chapel Point of Carlisle PA 17013
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:
1;/ <90, ~ ":"
/
ADDRESS 1
NAME2
ADDRESS2
NAME3
ADDRESS3
RECORDED OFFICE OF~
REGISTER OF WIllS
2007 APRIL 30 PM 3:31 .
CLERK OF
ORPHANS' COURT
CUi\ffiERL-\ND CO., PA '"
Page 1 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
before me th~S SJi-h ~ () pUP
~f'llAwhm C) ~MN
For the Register
~~.d~
Mary It. n Weidner
RECORDED OFFICE OF ,
REGISTER OF WILLS
2007 APRIL 30 PM 3:31
CLERK OF
ORPHANS' COURT
cur..rnERL;\ND CO., PA
21-07-0915
Estate of Mary E. Barrick
, Deceased
Social Security Number:
186-28-3875
Date of Death
31-Mar-07
AND NOW
having been presented befor
are hereby granted to
, 20ffl-in consideration of the Petition, satisfactory proof
DECREED that Letters Testamentary
Mary Ann Weidner
in the above estate
and that the instrument(s) dated Dec. 15,2004
described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent)
FEES
~ cJaJmiJo ~~
Register of Wills fJb'-1t 'l.f\
Signature ~'---Jn.- ~7
Attorney Name Robert M. Frey
Letters ~O~
Short Certificates :)0. DO
Renunciation
W\ 1\
~~~,J,
(\tl11)11ll-4 ,e{I
Sup. Ct. I.D. No 6274
15.00
IO.DD
5.00
Address: 5 South Hanover Street
Carlisle, Pennsylvania 17013
Telephone: (717) 243-5838
;{I (). DD
TOTAL.. .
Page 2 of 2
--
U'O)~O) "_SY '/0' p,! - C 1- O({ ! 5
This is to certify that the information here given is correctly copied from an original certificate of death duly fibd 'Nith me as
Local Registrar. The original certiijcate 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.
lL ~'~"L'~~
Local Registrar
Fee for this certificate, $6.00
p
13445331
~PR 2 2007
Date
RECORDED OFFICE OF:it'
REGISTER OF WILLS
2007 APRIL 30 PM 3:31
CLERK OF
ORPHANS' COURT
CUMBERLAND CO., PA
H105-143 REV 1112006
TYl'E 1 PRINT IN
PERMANENT
BLACK INK
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions snd examples on reversa)
STATE FILE NUMBER
Ctmber1and
Sep 20, 1918
8d. FadlllyNome(lfnol""''''''''' ,po_ond""",*,
Chapel Pointe at Carlisle
4, 0'" 01 DoaIh _. dIy. jN~
March 31, 2007
1. NalM 01 Decedent (first, midcIt, last, 1UIIx)
~
~
e, llIle 01 Blrlh IMonOl, day. )'OIlj
Olher:
88
... Cou1Iy oIlloolh
OOlho"Speclfy'
10. R&ce: Amefican 1nlI8n, 8I8ck, WhIle, et:.
(~ite
11.OeclldIttsUIU8l
KiodolWork
Cook
12. Was Decedenlever in the
U.S. Armed Forces?
o VOS [JNo
_.
ActueiAesijeoce 17a.SIIIll
13.llecocIont's E_ISpecify ordy hlghosl ~....- 14. =..~s;:;; M.ntrrd. 15, SuvIW1g Spouse Ift....1iYI maJdon nome)
E_lory 1 SecondBJy 10-12) CoIloge 1'-< or 5->)
8 Widowed
Did_
1.No~.
T"""""'1
PA
17c,iJYos._LNod~ Dickinson
17d.ONo,_LNod_
AclIlttlUrnlool
Two.
17b. County l"'I1fI1kArl =ann
19. MoIher'I Name {ArII. nidIIt. rneIdIA...,.1
B
2Ob,,_.MalingAddtasI_clIy/-,_,Z\>_)
4050 Carlisle Ad, Gardners, PA 17324
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28. Wu CUe ReIerNd to MedlcltEximlner I Coroner for a Reason 0Ihtr IhIn CremalIon Of DonaIIon?
OVos ONo
"'" II: Enelrdhllf.......llllrdIkn:lD'irItUnalo liMIl 28. OklToblcco UN CoriribtHIo 0eaIl?
b1inollOSUllng In ....'d..ylng cause glvon" Part t 0 Yos 0 PnlboIjy
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to ClUllIIeIed on hi I.
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Due 10 (or as I consequence 01):
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On 1M buIt of .umiMtlon Md' or lnvestigltion, In my opINon, deIth occumtd at the lime, dda, .00", tnd ulo the C8U1e(.) and II'III'lI'IIf as mted.. 0
DisposiIion Permit No.
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LAST WILL AND TESTAMENT
(pour-Over Will)
OF
MARY E. BARRICK
RECORDED OFFICE OF
REGISTER OF WILLS
2007 APRIL 30 PM 3:31 ~
CLERK OF
ORPfL\NS' COURT
CUMBERL\ND Co., Pi\. .
IDENTITY
I, MARY E. BARRICK, residing in the County of Cumberland, Commonwealth of Pennsylvania,
being of sound mind and memory, and not acting under duress or undue influence of any person
whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other
former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 186-28-3875.
I have the following child: Mary Ann Weidner, born February 9, 1940.
DEBTS, TAXES AND ADMINISTRATION EXPENSES
I have provided for the payment of all my debts, expenses of administration of property wherever
situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other
than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and
penalties, if any) that become due by reason of my death, under THE MARY E. BARRICK
REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"). If the
Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items
from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In
the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount
necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court
order.
PERSONAL AND HOUSEHOLD EFFECTS
It is my intent that all my personal and household effects were transferred to the Revocable Trust
as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership
or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me
this date in accordance with the provisions of the section titled "Residue of Estate."
RESIDUE OF ESTATE
I give, devise and bequeath all the rest, residue and remainder of my property of every kind and
description (including lapsed legacies and devices), wherever situated and whether acquired before or
after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of
the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the
corpus of the above described Trust and shall hold, administer and distribute said property in accordance
with the provisions of the said Trust, including any amendments thereto made before my death.
POUR-OVER WILL
Page 1
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estatnx
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If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a
court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under
said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the
residue and remainder thereof to that person who would have been the Trustee under the Trust, as
Trustee, and to their substitutes and successors under the Trust, described herein above, to be held,
managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to
the period beginning with the date of my death as are constituted in the Trust as at present constituted
giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such
Trust by reference into this my Will.
EXECUTOR
I hereby nominate and appoint Mary Ann Weidner to serve without bond as my Independent
Executor of this my Last Will and Testament.
In the event the first named Executor shall predecease me or is unable or unwilling to act as my
Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Laresa A.
Snyder to serve without bond as my Independent Executor.
Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this
my Will, such words and respective pronouns shall be held and taken to include both the singular and the
plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named
herein and to any successor to substitute Executor acting hereunder, and such successor or substitute
Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the
Executor originally named herein.
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EXECUTOR POWERS
By way of Illustration and not of limitation and in addition to any inherent, implied or statutory
powers granted to executors generally, my Executor is specifically authorized and empowered with
respect to any property, real or personal, at any time held under any provision of this my Will: to allot,
allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract
with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold,
improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options
with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash
or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all
of the powers in the management of my Estate which any individual could exercise in the management of
similar property owned in its own right upon such terms and conditions as to my Executor may seem best,
and execute and deliver any and all instruments and do all acts which my Executor may deem proper or
necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants
or power made, and without the necessity of a court order.
My Executor shall have absolute discretion, but shall not be required, to make adjustments in the
rights of any Beneficiaries, or among the principal and income accounts to compensate for the
consequences of any tax decision or election, or of any investment or administrative decision, that my
executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of
Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my
Executor shall have discretion to select the valuation date and to determine whether any or all of the
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POUR-OVER WILL
Page 2
/neB
Testatrix
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allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as
Federal Income Tax deductions.
CONTESTS AND SPECIFIC OMISSIONS
If any beneficiary under this will, singly or in conjunction with any other person or persons, directly or
indirectly:
1. contests in any court the validity of this will or, in any manner, attacks or seeks to impair or
invalidate any of its provisions;
2. contests in any court the validity of the Testator's/Testatrix's Will or, in any manner, attacks or
seeks to impair or invalidate any of its provisions;
3. seeks to obtain an adjudication in any proceeding in any court that this trust or any of its
provisions or that Testator' s/Testatrix' s Will or any of its provisions is void;
4. claims entitlement by way of any written or oral contract to any portion of the
Testator's/Testatrix's estate, whether in probate or under this instrument;
5. unsuccessfully challenges the appointment of any person named as Executor or successor
Executor of the Testator's/Testatrix's Will;
6. objects in any manner to any action taken or proposed to be taken in good faith by the Executor
of the Testator's/Testatrix's Will;
7. obj ects to any construction or interpretation of this Will, or any provision of it, that is adopted or
is proposed in good faith by the Executor;
8. unsuccessfully seeks the removal of any person acting as the Executor of the
Testator's/Testatrix's Will;
9. files any creditor's claim in Testator's/Testatrix's estate (without regard to its validity), whether
the claim arose before or after the date of this instrument, but excepting claims for cash advanced
or paid for expenses of the Testator's/Testatrix's last illness or funeral paid by said claimant;
10. attacks or seeks to invalidate any designation of beneficiaries for any life insurance policy on
Testator's/Testatrix's life;
11. attacks or seeks to invalidate any designation of beneficiaries for any pension or IRA or other
form of qualified or non-qualified asset or deferred compensation account, agreement or
arrangement;
12. attacks or seeks to invalidate any will which Testator/Testatrix has created or may create during
Testator' s/Testatrix' s lifetime, or any provision thereof, as well as any gift which
Testator/Testatrix has made or will made during Testator' sITestatrix' s lifetime, whether before or
after the date of this instrument;
13. attacks or seeks to invalidate any transaction by which TestatorlTestatrix sold any assets (whether
to a relative of Testator' sITestatrix' s or otherwise); or
14. refuses a request of Testator'slTestatrix's, Executor or other fiduciary to assist in the defense
against any of the foregoing acts or proceedings,
then that person's right to take any interest given to him or her by this trust shall be determined as it would
have been determined if the person had predeceased the execution of this will instrument without issue
survlvmg.
The provisions of the foregoing paragraph shall not apply to any disclaimer by any person of any benefit
under this will. In the event that any of this provision is held to be invalid, void or illegal, the same shall
POUR-OVER WILL
Page 3
>>z g /3
Testatrix
be deemed severable from the remainder of this provision and shall in no way affect, impair or invalidate
any other provision in this will; and if such provision shall be deemed invalid due to its scope or breadth,
e such provision shall be deemed to exist to the extent of the scope or breadth permitted by law.
SIMULTANEOUS DEATH
If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively
presumed for the purpose of this my Will that said Beneficiary predeceased me.
~~lB~~
Testatrix
This instrument consists of 6 typewritten pages, including the Attestation Clause, Self-Proving Clause,
signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each of
the preceding pages. This instrument is being signed by me on this I r day of
1)EL~W\0~__ ,~'f-.
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POUR-OVER WILL
Page 4
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ATTESTATION CLAUSE
The Testatrix whose name appears above declared to us, the undersigned, that the foregoing
instrument was his/her Last Will and Testament, and he or she requested us to act as witnesses to such
instrument and to his/her signature thereon. The Testatrix thereupon signed such instrument in our
presence. At the Testatrix's request, the undersigned then subscribed our names to the instrument in our
own handwriting in the presence of the Testatrix. The undersigned hereby declare, in the presence of
each of us, that we believe the Testatrix to be of sound and disposing mind and memory.
Signed by us on the same day and year as this Last Will and Testament was signed by the
Testatrix.
WITNESSES:
ADDRESSES:
-, '+.Jl- P'N ~
~-ti,~
L~
LAILLU Lt:
City, State, Zip
~
~
ICe) r3
Skn<-E ~ .AIb oJC
Q.\~(2:fj ~ ID~C2-
(Printed Name of Witness)
City, State, Zip
POUR-OVER WILL
Page 5
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Testatrix
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
SELF-PROVING CLAUSE
BEFORE ME, the undersigned authority, on this day personally appeared MARY E. BARRICK,
C~~'^ A mE L.Lb.,.,... and ~Jl... \C-'-',,"1lO J-.,.-n t..O ~"- , known to me
to be the Testatrix and the witnesses, respectively, whose names are subscribed to the foregoing
instrument in their respective capacities, and all of them being by me duly sworn, MARY E. BARRICK,
Testatrix, declared to me and to the witnesses, in my presence, that the instrument is his/her Will and that
he or she had willingly made and executed it as his/her free act and deed for the purposes therein
expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the
Testatrix, that the Testatrix had declared to them that the instrument is his Will and that he or she
executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each
witness stated further that he or she did the same as a witness in the presence of the Testatrix, and at his
request and that he or she was at that time eighteen (18) years of age or over and was of sound mind, and
that each of the witnesses was then at least fourteen (14) years of age.
~~t 8~
MAR E. BARRICK
SUBSCRIBED AND ACKNOWLEDGED before me by MARY E. BARRICK, Testatrix, and
sub~cribed and sworn to before me by C-'r~-rl+11t Ar 111 t L.L 0\"\ and
It.- \ C-.\A.A1'l.Q -:r: \"0 w 6('- witnesses, this the I r- day of
Q~<€...I/> "'--- ,7.0Il-t-. ~ - \..0 \ ~
COMMONWEALTH OF PENNSYLVANIA \ ~
Notarial Seal Notary Public, Commonwealth of Pennsylvania
Ronald W. Patten, Notary Public
Warwick 1\vp., Lancaster County
My Commission Expires Apr. 22. 2006
Member. Pennsylvania Association of NcDriK
POUR-OVER WILL
Page 6