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HomeMy WebLinkAbout05-10-07 r Will PETITION FOR PROBATE and GRANT OF LETTERS TES0AMENTARY Estate of Edith R Carbauch No. 4/' ,;;bar; - , (;.3 also known as To: , Deceased. Register of Wills for the County of Cumberland Commonwealth of Pennsylvania Social Security Number 183-07-8415 - , = The petition of the undersigned respectfully represents that: ~ 0 ~ Your petitioner(s), is lare 18 years of age or older and the Personal Representative(s) named in th~ of abo~ decedent, dated Januarv 06. 2004 , and codicil(s) dated N/A!::::: p -< :-?rTl - :~.&~~ 0 1('")0 ~ ;011 -: ,-- ~ .~ ~ (state relevant circumstances, e.g. renunciation, death of executor, etc.) a Decedent was domiciled at death in Cumberland County, Pennsylvania, withbts'/her last family or princ"$al residence at Shiooonsburc Health Care Center. 121 Walnut Bottom Road (ShiooensburQ Townshio) Shiooensbul"Q PA 17257- ":~!.." r-' i ,,"~') (list street, number and zip code) Decedent, then 93 years of age, died Aoril 24 ,2007 at Except as follows, decedent did not marry; was not divorced; did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated an incompetent; Decedent at death owned property with estimated values as follows: (If domiciled in P A) Personal property (If not domiciled in P A) Personal prope~f Pennsylvania Personal property in County $ $ $ $ 450.000.00 o o o Value of real estate in Pennsylvania situate as follows: WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters T estamentarv thereon. (testamentary, administration, c.t:a., administration d.b.n.c.t.a.) 77 E King Street; POBox 250 Shiooensburc PA 17257 ...... 'i g -8 "ij -; ~I "5l .g ! .ti j~ ~ rn 10-21 (Rev. 1/00) OATH OF PERSONAL MPRESENTATIVES COMMONWEALlH OF PENNSYLVANIA } COUNTY OF Cumberland SS 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 ersonal Representative(s) of the above decedent petitioner(s) will well and truly administer the estate accord' g to Sworn to or affirmed aQi subscribed before me this 10 day of L~tiJ;~'/L<, ~ 1J Deputy Register \--Jl o Co .......~ ::0 '~ [ ~~ . ! ."r". 1 _.~ ~ .~~.-::~ \.J) ............. (.-) "'Cd } c___ - ;"1 :.."":4 = --' -i'".. ~ -' ,", f1", "-~-,) .............!!l....-...' ,"~. 1;.": ~- ~ ...:=-' ~..m.:;:~:'\ ..,"-..~-,) o 2; .-:,.1:0. No. Estate of Edith R Carbaugh also known as a/ - t:20(J1, V&:3 '2 o -..l , Deceased DECREE OF PROBATE AND GRANT OF LETTERS TESTAMENTARY AND NOW, May 2007, in consideration of the petition on the reverse side satisfactory proof having been presented before me. IT IS DECREED that the instrument(s) dated Januarv 06. 2004 described therein be admitted to probate and filed of record as the last will and codicil(s) of the above named decedent and Letters T estamentarv are hereby granted to Orrstown Bank c/o Daniel K Baer. Trust Officer Probate ..:... ..................... .~.~.......... $ re.-: Short Certtficate(s)............................................ $ . Renunciation( s)................................................. $ Inventory................ ........................................... $ Judicial Computer Project................................. $ Inheritance Tax ................................................. $ Pleadings and Papers ........................................ $ ATffidaVit(S) ..........iiS;:j.l................................... $$ /5, oD ax ...................~;~.;~.~....~..~~~..~..~~~~~..~~$ ~ 45&.W Filed A.D. _ JJluJrltJ. d1l1lu)tJ__ _"""'WlIb per 01;" ~a- Forest N Myers, Esq. 18064 A'ITORNEY (Sup. Ct. LD. No.) 137 Park ptace West Shiooensbura PA 17257- ADDRESS (717) 532-9046 TELEPHONE NUMBER 10-21 (Reverse) (Rev. 1/00) H105.805 REV )/05 This is to certify that the information here given is correctly copied from an original certificate of death duly med 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. J!ee fur lIDs _ficale, $6.00 ~ No. ~r:~'hf:!7 a . f,:-:::;>> c.:;:) s:; 0 -..I <,::0 :::!l: E~p ~ .~.':'. fT"1 i~3t~ P 13236723 -0 H1..14311EV 1_ TIPl!I_1H - __Ill ~1.TH Of'" PEMiSYI;.VANlA. DEPARTIIENT Of HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (8M InatruclIoM 8nd,-", on _I . ,,- :tI -u-l J> N 93 YIL '''0MIr'' DooII CUmberland 11;_~ 1IIIId"_ CaIIIOO(I04cw5+) a i9CIl!IaI~""" 183 --07 - 8415 "'_"DooII HaopIoI: 0....... 0 Eft 1 0UIII0I0nI 0 IXM t.__..HIIpft.., (I,..,..., Qan, -"_-'IIc.) White 14.=-~Io1Ioritd,'l5.8u'oMng__I"'iII!I.0ift_'""") Widowed l:~ 17c.1XI___lioodil Shippensburg,Twp. 1llol1oIlIp? 17d.O~oo:=:-- STATEF1l.E_ 4. 0IIt.. _ (ManIIl.."" April 24. 2007 +" -.I ~\ l._"_lAIl.-.lIIl,..-., E4i th ,'Jl.' e&rbaugb 5..l\III~ 1 .. 7. "'_cw 1Wp. car I.... t ~ PA 17257 17257 23c. 0IIt IIIpd (ManIIl.""" 0"-' f31io -._".,FIniIrlIt __IDCoofItIion ..c...._ 0"-' 0110 11._"_ I3'f/ionI 0- 0- OI'ol1di1g~ 3iaLlho"_ 0- DlWdtlalbollilllomilod ~hIrwt PlltJ;&IIr..........---. tn~ 21.DId~UII~tD-OeII11 011ooI.._ ......~....___...ilPIIIl 0 -O~ [31lO 0- 2U_ ~~-'*''''' D ,,-11"'''_ D tlaI powpII...._ _42,. ol_ D tlaIpowpII.liuI_43d1p..l"" o =..~__..'*''''' 32c.==:-~_F-' ..C~_~. b.:::~-~ .""- o. Duo..(or...~CII): d. .WII..~ -- 32g.l_"IrjlIy(lilolal,dIyllll.'. I i :~--... ~_No. 0\50 \~\ I ' .. LAST WILL AND TESTAMENT .. I, EDITH R CARBAUGH, of Shippensburg Borough, Cumberland co~ Pennsylvania, revoke my prior wills and declare this to be my Last Will:),~lo :~~ \;:1 .c.,::;:J c..',:' ?~:.:. ;,f--',-, ~ FIRST: PAYMENT OF EXPENSES - I direct that the expense of my last illness arict?ftfineraf: be paid from my estate as soon as may conveniently be done. -, _J:J1 9 \-) SECOND: BEQUEST - I give, devise and bequeath all my property, whether real or personal, tangible or intangible, as follows: A. My jewelry and clothing to my sisters who survive me by thirty (30) days, in as nearly equal shares as possible. If my sisters cannot agree on any item or items, my Executor shall make this decision in my Executor's sole discretion. B. The items listed on a separate signed memorandum which refers to this, my Will, by date, to the individual named therein. If no such memorandum shall be found within thirty (30) days following my death, this bequest shall lapse. C. I give my home located at 17 South Fayette Street, Shippensburg, Cumberland County, Pennsylvania, to my niece, PEGGY MURRAY. D. I give, devise and bequeath any automobile which I may own at the time of my decease to SANDY WEAVER. THIRD: RESIDUE OF ESTATE - I give, devise and bequeath all the rest, residue and remainder of my estate as follows: A. One-quarter (1/4) to my sister, BERNIDA SHUMAN, provided she shall survive me by thirty (30) days. If my sister, BERNIDA SHUMAN, predeceases me, her share shall lapse and be divided among the beneficiaries of my residuary estate. B. One-quarter (1/4) to be divided equally among the following recipients: DONNA SCHENK, THOMAS JACKSON, CAROL ECKENRODE, HOWARD SHUMAN, JR., and MESSIAH UNITED METHODIST CHURCH OF SHIPPENSBURG. If any of the beneficiaries listed in Paragraph Third (B) of my Will predecease Page 1 of 4 '-oJ c;:;> = -..I ::It ';~ -""" o j"\ C) OJ ...._1':'t!':.4l:i'*!,'.,;; . me, their share shall lapse and be distributed equally among the remaining beneficiaries of this, Paragraph Third (B) who are living at the time of my death. C. One-half (Yz) to be divided equally among the following recipients: BETTY LYNCH, DORIS KLING, SANDY WEAVER and ROSE JACKSON. If any of the beneficiaries listed in Paragraph Third (C) of my Will predecease me, their share shall lapse and be distributed equally among the remaining beneficiaries of this, Paragraph Third (C) who are living at the time of my death. -fflWIt'fH: PROTECTIVE PROVISION - To the greatest extent permitted-by law, before actual payment to a beneficiary, no interest in income or principal shall be (i) assignable to a beneficiary or (ii) available to anyone having a claim against a beneficiary. FIFTH: DEATH TAXES - All federal, estate and other death taxes payable on the property forming my gross estate, whether or not it passes under this will, shall be paid out of the principal of my probate estate just as if they were my debts, and none of those taxes shall be charged against any beneficiary. This provision shall not apply to any property over which I have a general power of appointment of federal estate tax purposes. SIXTH: MANAGEMENT PROVISIONS - I authorize my Executor, as follows: .' A. Retain/Invest: To retain and to invest in all forms of real estate and personal property, including common trust funds, mutual funds and money market deposit accounts and certificates of deposit, regardless of any limitations imposed by law on investments by executors or any principle of law concerning investment diversification; B. Compromise: To compromise claims and to abandon any property which, in my Executor's opinion, is of iittle or no vaiue; C. Borrow: To borrow from and to sell property to my wife or others, and to pledge property as security for repayment of any funds borrowed; D. Sell/Lease: 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 of leases; E. Capital Changes: To join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; Page 2 of 4 . . F. Distribute: To distribute in kind and to allocate specific assets among the beneficiaries (including any custodian hereunder) in such proportions as my Trustee may think best, so long as the total market value of any beneficiary's share is not affected by such allocation. These authorities shall extend to all property at any time held by my Executor or my Trustee and shall continue in full force until the actual distribution of all such property. All powers, authorities and discretion granted by this Will shall be in addition to those granted by law and shall be exercisable without court authorization. SEVENTH: EXECUTOR - I appoint ORRSTOWN BANK Executor of my Will. Neither my Executor, nor ~y successor shall be required to give bond. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,...... day of January, 2004. .J- tL--t::t. f( C ~SEAL) EDITH R CARBAUGH, Testatrix In oW' presence, the above-named Testatrix signed this and declared it to be her will, and now, at her request and in her presence and in the presence of each other, we sign as witnesses: residing'at 1:31-.PIJt,rK. PI. W ,S~ ppeA5~{~ M residing at !lCffo S M.o;. 1\ ( ~bush4 fA Page 3 of 4 ~:-<'\ ",..., . . STATE OF PENNSYLVANIA SS COUNTY OF FRANKLIN I, EDITH R CARBAUGH, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my Will, and that I signed it as my free and voluntary act for the purposes therein expressed. trktt R,~ EDITH R CARBAUGH, Testatr x We, EDITH R CARBAUGH, the Testatrix in and the undersigned witnesses to the WitI,'ttte'att.at::he<tor for~goinginstrument, who have signed,the 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 Testatrix sign and execute the instrument as her Will, that she signed it willingly and executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Wi II as witnesses and that to the best of our knowledge, the Testatrix was at that time eighteen or more years of age, of sound mind and under no constraint or undue influence. Subscribed, sworn to or affirmed, and acknowledged before me by the above-named Testatrix and by the witnesses whose names appear on this '-..... day of January, 2004. ~ \- ~~~ Nota bli~ NOTARIAL SEAl FOREST N. MYERS, NOTARY PU8UC SHIPPENSBURG BOROUGH. COUHlY OF FRANlCL.If M'f COMMISSION EXPIRES 0ECEM8ER 17. 2006 Page 4 of 4