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HomeMy WebLinkAbout06-25-07 Register of Wills of CUMBERLAND County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Ruth B. Dyer No. /),,1-07- fJ{POi also known as , Deceased Social Security No. 297-03-3981 Petitioner(s), who is/are 18 years of age or older apply(ies) for: COMPLETE "An OR "B" BELOW:) ~ A. Probate and Grant of Letters and aver that Petitioner(s) is/are the executor named in the Last Will of the Decedent, dated Auaust 29.2006 and codicil(s) dated 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 documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: o B. Grant of Letters of Administration (c.t.a., d.b.n.c.t.a.: pendente lite; durante absentia: durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following souse if an and heirs: Name Relationship Residence :D :::l) i--r1 n'lC) - C> ~~ ::0 S.\d n1rQ . CJ1:J.) '-...... (,:-) C) (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ClO~ ~ ~ ~ Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or ~ri:al resSnces:;; at 351 Messiah Circle. Mechanicsbura (Uooer Allen Two), PA 17055 ::g - \ ~~h (lilt street. number and municipality) UJ Decedent, then 88 years of age, died Mav 25. 2007, at Holv Soirit Hosoital (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ................................................................................ $550.000 (If not domiciled in PA) Personal property in Pennsylvania ............................................ $ (If not domiciled in PA) Personal property in County ...................................................... $ Value of real estate in Pennsylvania................................................................................................... $ Total.................................. ........................................ ........................................................... $550 000 Real Estate situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the rant of letters in the a ro riate form to the undersi ned: Signature Typed or printed name and residence David A. Smith 2112 Hazard Street Houston, TX 77019 Form RW-l paga 1 of 2 (Dauphin County - Rev. 9/92) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) and 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 administeJ'/'e estate according to,law. Sworn to and affirmed and subscribed 'X ~~ fi. ~ before me this ~5t1, day of Estate of Ruth B. Dyer, Deceased also known as Social Security No.: 297-03-3981 I'.,) = --a c.... c: z: ." <J1 .,~, ::um rn(J G) C) cri e3 r,m :rJQ <::)0 ::: =R ~~ l~/.1 C.J 1"-; DECREE OF REGISTER No. :a:- :I: r:? Date of Death en AND NOW, consideration of the Petition on the reverse , 20fJ1, in , satisfactory proof having been presented before me, _ IT IS DECREED that Letters [8J Testamentary 0 of Administration (c.ta., d.bnct, pandante lite; durante absentia, durante minoritata) are hereby granted to David A. Smith in the above estate and that the instrument(s), if any, dated AU9ust 29.2006 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. 01111fi 0-- ( tfJ.nmft)0M4-rJetf Register of WillSfl'l r . FEES Letters.. .. . . . ... .. .. . .. . .. . .. . .. .. .. . . .. Short Certificate( s) ............... R"", tl ~liltlltJR ..W..l.. J.l.. . .. .. .. . Affidavit ( )........... .............. Extra Pages ( ) .................. Codicil.................................. JCP Fee............................... Inventory & Tax Forms ........ Other ....... ...... ....................... TOTAL................... . Form RW-1 Page 2 of 2 (Dauphin County - Rev. 9/92) $ '-/IPO. OD $ / bl ov $ 15.DD $ $ $ $ $ $ t:D :::J Jr, ESQui~ 07051 3631 North Front Street Harrisburg, PA 17110 717-232-7661 10. DO 5.0lJ $ 60J..eD Attorney: 1.0. No.: Address: Telephone: DATE FILED: HlOO.ROO REV 1mo .:J I - 0 1- /v II C f? This is to certify that the information here given is correctly copied from an original certificate of death duly filed w'tflYme 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. No. ~/Jl~- Fee for this certificate, $6.00 Local Registrar p 13355491 MAY 2 B 2001 Date ~ ~.I~ zu5~ ~8~ oc: ; ::0 .:0-1 ):> ro.3 c:::J c::::t ...... '- c:: :z N en :X") ;;g Fl~ ~C) c.n.~~ -_. ...04 \__"'' r-n iTI Xl CJ ~~~ :.;f:~ ~'-rn ;'1:1Io :z ii? en COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Inatructlon. .nd ex.mpln on reverH) REV llflOO6 PAINT IN lANENT CK INK 5.Ar1tllallBilllldeyI e._oI_ 7. 88 v... April 17,1919 81>. C<uty of Oeolh Cumberland 11.-'UouoI KlndolWoll< PennsYlvania 17b.CoI.nty Cumberland 17C.~._LMd~ UDDer Allen 17d.ONe,_LMd_ ActuII LmilI 01 Top. ClIy/Bom 2Oo.lnlalmonl"_fT)llO/PlInII William Bailing Catherine D. Gordner 19.-'_(fioII,_,__1 Emma Miller 211b.-.-.g_l_clly/_,_,zlp_) 232 Willow Ave., Camp Hill, PA 17011 21c. PlIcI oI~ (Nsnwol~,"""*Ycr_pIICIl Evans Cremation Service 21d.~IClIy/_,_,zlp_1 Leola, PA17540 Hummel Ave.,Lemoyne,PA 17043 Can1>lIIt.... 23M only _ cdylng ~lsnol_S1"'oI_to -''''01_. . _2+3_IIo~~_ ....-- 23b.~_ 230. _ SIgned (\lon1II, diy, ,..~ 24. 11mo 01 Oeolh AppnlldmsIs -: 0r00I1O Oeolh 2ll.Wssc..~lll__/eor-lcrl_OlIIorIhllnClllllllioncr_? o Yos J!Q Ne PIl1I1: EnIor__"'-'_"_ 2ll. DldT_1M CcrllrblllOlloIlh? buI"",lIIUIlIng~"'~_gOon1nPll1I. 0 YIs O~ ONe O~ 29.11_: o Netprognslll_postyosr O~S1""oI_ o Netprognslll,buIprogns111_4.2l1sys ol- D Netprognslll,buI_43l1sys..lyosr -- O~dprognslll_"'postyosr 32t.bt:=~_F~, =.m-==~ I. <;~~ 011I10(01.1_01): b. 011I10(01.'_01): c.~rt\c, =m;..-..tnt, to ...lIIIdonlnlt. _ __CAuSE =-~~ c. Due kt (or.. coneequence of): 301. _ III Aotopsy - d. 3Ilb. _,...., Rndngs __IOCcmPsIcn 01 eo..- 01 0e0lh1 OYos ~ Ov. ONe 31~ IB'- D- O - 0 Pondng.......... o Suiddo 0 CWd Net bo ~ 32d.nn.c11rju1y _t-..\oIlrju1y(_clly/_,_1 321.d~IrjuIy(lllsolij Ollrivor/~ 0-.. 0- 0Ilsr . Sjlody. 33L ~ ~ only enol 3311. Slgnsilllllld . ~':r:""":-==:"~"'::':=~~~_-:'~~":'~________________ '\J ~ . -........OSIIIyiIlo....,....~boIhplCllClllndng_IIldClltlyingIo_oI_) :;>"'""\ 33c.1.o- To..._oI..,.....--.....__....pIIcI,lIld.........CIUIS(.)....-.___________________ 0 M^O '"' . _~/eoo- L> b., O'...-c/-IIld/..imIalIgslIOn,~..,..........-_.....__lIldpllcl,..........IlloClUlS(.,Illd-.__ 0 34._...._oII'1l1cnWho~eo..-oI~~27) Typo/""'" II. 1 01.1 /1 ~I /1 /1 3D. ~~ ~ Olcq House. (J. v(.. CCs.~to \~\I ~ DispcoiJcn Po""" Ne. 0 II 7 I t:) .;t. :;1-07- (peg LAST WILL AND TESTAMENT Qf r--.:> c:::t c:::t ...... E ~~ ~~g L .::IJ ~(/)'" >:::100 ~ C)~-n :x 0,._. .-.. =.. . ~ it I, RUTH B. DYER, now of Mechanicsburg, Cumberland County, Pennsylvaniapl RUTH B. DYER being of sound and disposing mind, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking and making null and void all prior Wills and Codicils made by me at any time heretofore. ITEM I. I direct that all my legally valid debts, funeral and administrative expenses, and debts incurred or payable because of my death, shall be paid by my Executor, hereinafter named, from my residuary estate as soon after my death as practicable. All death taxes, including federal, state, and other death taxes, with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed thereon, shall be considered an expense of administration of my estate, without apportionment or right of reimbursement. Taxes on future interests may be prepaid. If my estate is inadequate to pay such taxes, they shall be paid from the assets of any trust created by me during my lifetime and existent at the time of my death. ITEM II. I give and bequeath certain items of tangible personal property that are solely owned by me at the time of my death and that are identified in any separate writing directing distribution thereof after my death which is dated and is signed by me at 1 c... <= ::z: N U1 :no -n rTl r-nC) gO Crj :0 .~C:J r",'Tl :no (.::::::>C;) -n-n _-n ;L:; C) r"'/'~ rrl r-' t/) C) "'i. the end thereof, to those persons designated in such separate writing who survive me. If any item of tangible personal property is identified in more than one separate writing, I direct that, unless stated to the contrary, the separate writing bearing the last date shall govern the disposition of such item. ITEM III. I bequeath the household and personal effects, jewelry, automobiles, and other tangible personalty of like nature that are solely owned by me at the time of my death, not otherwise disposed of above, to my children, DAVID A. SMITH, CATHERINE D. GORDNER and BRADFORD B. DYER, if such child survives me by thirty (30) days. Provided, however, that if such a child of mine does not so survive me, but leaves descendants who so survive me, such descendants shall receive, per stirpes, the share such child of mine would have received had they so survived me. Such property shall be divided by my said beneficiaries as they shall agree. As to those items upon which they shall not agree, distribution shall be determined by my Executor. ITEM N. I give, devise and bequeath all of the residue of my estate, whether real, personal, or mixed, and wherever situate, including any property subject to any power of appointment which I may now have or hereafter to the Trustee of the Ruth B. Dyer Trust, under that certain "Trust Agreement of Ruth B. Dyer" (the "Trust Agreement''), between me, as Settlor, and Trustee (collectively, the "Trustee"), which was executed on the 13th day of February, 1998, as hereafter amended, restated, or replaced from time to time. My Trustee shall add the property bequeathed and devised 2 by this Item to the principal of the above Trust and shall hold, administer and distribute the property in accordance with the provisions of the Trust Agreement, including any such amendments thereof or replacements thereto made before my death. Presently my Trust Agreement states: After the death of Settlor and after making the payments under paragraph 1, the Trustee will distribute the balance of trust as follows: E. A thirty percent (30%) share to the Settlor's son, David Allan Smith, per stirpes. A thirty percent (30%) share to the Settlor's daughter, Catherine Dyer Gordner, per stirpes. A thirty percent (30%) share to the Settlor's son, Bradford Bailing Dyer, per stirpes. A five percent (5%) share to the Settlor's deceased husband's son, Charles Dickey Dyer, per stirpes. A five percent (5%) share to the Settlor's deceased husband's son, Morgan Coit Day Dyer, per stirpes. A. B. c. D. ITEM V. In the event for any reason the bequest and devise above is ineffective or invalid, or if the Trust Agreement is ineffective or invalid, then I hereby give, devise and bequeath the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situate and whether acquired before or after the execution of this Will, in a manner completely consistent with the terms of such Trust Agreement. 3 ITEM VI. The interest of beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. ITEM VIT. If any share or property hereunder becomes distributable to a beneficiary who has not attained the age of Twenty-one (21) years or if any real property shall be devised to a person who has not attained the age of Twenty-one (21) years at the date of my death, then such share or property shall immediately vest in the beneficiary, but notwithstanding the provisions herein, my Executor acting as Trustee shall retain possession of the share or property in trust for the beneficiary until the beneficiary attains the age of Twenty-one (21), using so much of the net income and principal of the share or property as my Executor deems necessary to provide for the medical care, education, support and maintenance in reasonable comfort of the beneficiary, taking into consideration to the extent my Executor deems advisable any other income or resources of the beneficiary or his or her parents known to my Executor. Any income not so paid or applied shall be accumulated and added to principal. The beneficiary's share or property shall be paid over, distributed and conveyed to the beneficiary upon attaining age Twenty-one (21), or ifhe or she shall sooner die, to his or her executors or administrators. Whenever my Executor determines it appropriate to pay any money for the benefit of a beneficiary for whom a trust is created hereunder, then the amounts shall be paid out by my Executor in such of the following ways as my Executor deems best: (1) directly to the beneficiary; (2) to the legally appointed guardian of the beneficiary; (3) to some relative or friend for the care, support and education of the beneficiary; (4) by 4 my Executor using such amounts directly for the beneficiary's care, support and education; (5) to a custodian for the beneficiary under the Uniform Gifts or Transfers to Minors Act. My Executor as trustee shall have with respect to each share or property so retained all the powers and discretions conferred upon it as Executor. ITEM vm. I hereby appoint, DAVID A. SMITH, to serve as executor (the "Executor"), of this, my Last Will and Testament. In the event of the refusal or inability of the named person to so serve, I then appoint, CATHERINE D. GORDNER, to so serve as Executor. In the event of the refusal or inability of the named person to so serve, I then appoint, BRADFORD B. DYER, to so serve as Executor. In the event of the refusal or inability of such named persons to so serve, I then grant to the person last so nominated and capable of serving the right and power, exercisable in his or her exclusive discretion, to nominate and appoint, whether in advance while competent, or at the time of a renunciation or resignation, a person or persons to serve as such Executor, which nomination shall be honored as if I had made such an appointment in this Will. ITEM IX. I direct that my Executor shall not be required to give bond or post any other security for the faithful performance of duties in any jurisdiction. ITEM X. My Executor shall have the following powers in addition to those invested in them by law and by other provisions of my Will applicable to all property, whether principal of income, exercisable without Court approval, and effective until distribution of all property: 5 A. To retain any investments I may have at my death so long as my Executor may deem it advisable to my Estate or so to do. B. To vary investments, when deemed desirable by my Executor, and to invest in such bonds, common trust funds controlled by my Executor, stocks, notes, real estate mortgages, or other securities or in such other property, real or personal, as my Executor deem wise, without being restricted to so-called legal investments. C. In order to effect a division of the principal of my Estate or for any other purpose, including any final distribution, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets are required to be divided or distributed at their respective values on the date or dates of their division or distribution. D. To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my Estate, any or all real or personal estate or interests therein owned by my Estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee 6 simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge, and deliver any and all deeds, assignments, options, or other writings which may be necessary or desirable, in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in my Will. E. To mortgage real estate, and to make leases of real estate for any period of time as is deemed reasonable by them. F. To borrow money from any party to pay indebtedness of mine, or of my Estate, expenses of administration, or inheritance, legacy, estate or other taxes. G. To pay all costs, taxes, expenses, and charges in connection with the administration of my Estate. My Executor shall pay expenses of my last illness and funeral expenses. H. To vote any shares of stock which form a part of my Estate, and to otherwise exercise all the powers incident to the ownership of such stock. 7 1. In the discretion of my Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my Estate. J. To compromise claims and to abandon any property which, in my Executor's opinion, is of little or no value. K. To manage or continue any business that I may own or be entitled to so act in such capacity. ITEM XI. Any person who shall have died at the same time as me, or in a common disaster with me, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased me. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, consisting of eight (8) typewritten pages, this ~ day of 1)(~.(A . 2006. If u> I1J i.E ~ vJ RUTH B. DYER 8 ----,,~. :,,'."_.'!"rc,""7"--'"r'~,,' --'-,"~J:.7:"~"< We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix, RUTH B. DYER, as and for her Last Will and Testament, in the presence of us, who at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. j ~ J'~ ULJ ~j, 40 J residing at '17C- oS; -Iv~ r ).,1 k Co ~ "- , l.~~ ~ '6/'1'-/ p/J. /~3:S? , _~t!.d~ Klt'l~ residing at Ca,/(~je P+ '1/)1-3 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CG\.~\.o.V)C'J SS. RUTH B. DYER and and J-G I '_~ #" fa-i, ::s a ~ , the w' esses, respecti , whose names are signed to the 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 his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. If C/V~ 13:n 1-vJ RUTH B. DYER Testatrix, ;;L k ,~~~ WItness ~f~d.L L'/ Witness <3 Subscribed, sworn to and acknowledged' before me by the Testatrix, RUTH B. DYER, and mmscri~ and sworn. to' before me by X:11~(\"<i I{,"R ~ and Loi'2 ~ I-S'~"'" , witnesse"S,tlns .,Q Cj day of rt ;;..(fJ,~ 2006. ~-J_-~iJ ~otary lic (SEAL) 128153.1 SYLY. NotarIIJ SNI Betsy BamIwt ~ ~ PubIc Nol1ti Comwd T~., Lebanori County CommINlon EXp/ree Jan. 27, 2010 ~r. ,~anla Aaaocl8tion of NcUrIea " '. . . 10