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HomeMy WebLinkAbout07-26-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of Edith S. Sweeting aI80 known as FileNumber eX \ - 07 - olog . Deceased Social Security Number 150-30-4946 Petitioner(s), who islare 18 years ofage or older, apply(ies) for: (COMPLETE 'A' or 'B' BEWW:) i2I A. rrebllte ad Gmt of Letten TeltaDleatary and aver dtat PetiUoner(s) is I are the last Will of the Decedent dated and codicil(s) dated named in the (State relevant clrcumstmrces. e.g.. renlUlClIltioll, death of execrdor. 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 peISOI1: o ~ <::;0 ~. _""., :J:J <-. ' . ' I': j (If appIicabk. enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; duran~~e) ~ :1~1 \~J Petitioner(s) after a proper search has I have ascertained that Decedent left no Will and was survived by the following spolJllig~y) antNleirs: /1li~:) Administration. c.t.a. or d.b.n.c.t.a.. enter date of Will in Section A above and complete list of heirs.) :: en ~ 0"\ ~ :.J :~j ~~ !.~ 'j Iii -=-- -; _;-: -,~ ~T~~ . . o B. Graat of Letten of Administration Name R elAtinnahip ; i (COMPLETE IN ALL CASES:) AtIIIdI MdItloIllll sIIem l/IIecasuy. Decedent was domiciled at death in Cumberland County, Permsylvania with his I her last principal residence at 403 Alison Avenue. MeebaniCSbUl'II. P A. 17055-6657 (List street addrua. townIcily. township. county. state. zip code) Decedent, then 90 years of age, died on July 21, 2007 at Holy Spirit Hospital, Camp Hill, PAin Cumberland County Decedent at death owned property with estimated values as follows: (If domiciled in P A) All peISOI18J property (If not domiciled in P A) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value ofreal estate in Pennsylvania $ (JO O. 000 $ ., $ $ .00 situated as follows: Wherefore. Petilioncr(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petitim aDd the grant of Letters in the appropriate fonn to the lllldeBigned: name and residcDce /VCtIlC Sweef/ 8 r()Dk.~( ~(J3 l4/1sPtJ /tv-t'VVlt/ J11-u-A pnJt~ btvl . /7 () S-s: t {, r7 Form RW-02 rev. 10.13.06 Page lof2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF ('Jfyv\b(J rl.o(){'1 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 ofPetitioner(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 the d.lp day of ~JU ly . {l(J)7 ()aru 0 1.w m 1111.tJ For~ 117'~~tlrnjFik Sig1Ulture of PersOllQ/ Representative Sig1Ulture of PersoMl Representative File Number: 8\ - 07 - 070g Social Security Number: 150-30-4946 Date ofDeath:Julv 21. 2007 AND NOW, ,,)U\ Y R-U41- . Rf2j)7 , in consideration of the foregoing Petition, satisfactory proof having been.......,..t bellm:.... \TIS DECREIID that ~ ];r,-I Qm..R.n tf"J r i are hereby granted to knnc,/ SvV.Q-€ n 'Y\ (, A ~ and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent ~M (jOJIU r-l*rn.ll~rA'", Register of ,,-_ - _ _' ~. ""~'" , Estate of Edid1 s. Sweetina . Deceased in the above estate FEES Letters ............... $ ~lO. 00 Short Certificate(s) . . . . . . . . $~ Renunciation(s) .......... $ vJ ~ l \ ... $ I 6 .00 ~CP ...$ 10,00 Jtomttno-n ... $ h . () (j ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. sB1){)' oo~ Attorney Signature: -i,'-' Attorney Name: , ,....~ ,.. ~ -; ,. '<..-" Supreme Court ID. No.: Address: '0' r-f .~(""'). :~):o ,.,-0 :co 1.~ r-- . -71Tl '~~ (:~r) ~ 1....1(..) )C)Tl .)C . -:0 " -l ):> Telephone: Form RW.()] rev. 10.13.06 . 1"0.;) '- =. - "=' -..I c..... c: r- N Q") -0 3: ~ W o ~:} t3 . J~O .....' ',"'--i C-Tl -" '.:~'_J ~" / (~~;? ~ =: jJ ~~:::. _~~ ", 0.1 r"r; Page 2 of2 HIOo.RO' REV 10:/071 O. \- 01 - 0,0 q LOCAL REGISTRAR'S CERTIFICATION OF DEATli WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 p 13670935 Certification Number .1~Vf.~~~) loB $b~u.l~~e~, 40 3 a L( ~O~ ElveJiCLe ---Lttk This is to certify that the infonnation here giyen 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. w'Jte,{'~ Local Registrar o ~O .":- :n -'-u f:r: 0 "~..l>f- . ''-;,-ITl :~. (n 3? .,' rOO) '00 _-SC -n :n -u --I ):> Hl05-143 REV 1112006 TYPE 1 PRINT IN PE_NT BlACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructlona snd .xamples on AI_I /"-..,) = = -.... c.... c: r- N 0"\ -0 :r ~ w o '7 /JJ /tJ "( Date Issued :.-] O_f-.l i ;--1 1-:"1 (-) G) .~~ ( _ ,") :=1:1 I CJ L ! ("r-J .n ,:=7 C) 'n -r; c"j I (', ---I"'; 'NomI.._(fiql._.....,_1 Edith S. SWeet 5.Agt(losl-YI li*1 a_"1IiI1h 7. . 90 v... MI. Cour<y .. IleaIh Jan. 11.0rIcIdIrt1UIUII ......- teacher _. AWllRellidenI;:e 17a. S&IIe '111. Cour<y Pennsylvania CUniJer land 403 Allisal Avenue Mechanics PA 17055 17e.D YIe, DecedInIl.Ned in 17dfiilJ~""=,,t""- Mechanicsburg Top. Ciyllolo ..._.NImIIFlnl._,__1 Elise Svoboda 2CII,-'-'-~clII/_,_,zIp-) 403 Allison Avenue Mechanicsburg, PA 17055 2.. """.. ,-",jNImo,,_, _ .._plIce) 21d.lAlc*Il (CiIy/-' _ zip_I D~ DOooIIIon ~ ~ ==~=--..; .~{ MIA. Duelo(orasa 01): b tA'lPD Due 10 (or as a cansequence 01): I ApproxIRIIIiMMI; : Chet t) '*'" I I . I I I I I . . . . I . I , i)ft-Y 1 \^'rl A alillCllilnCMionI.'IllY. 10 cauNliltedoolRta. EtiIr WlDllLYM CAUSE =-..::.i.i;\. ':..."\'mf." Due to (Of u a conaequence 01): 30&. Was 1ft ldopIy P- d. 3lI>.__F_ AvaiabltPriclfloCoqllet,ion III Cauu of De....? 31. Manner at 0NItI Hal..", D- o- DPendng_ o SuiciOI 0 c...o... be ...-... Dv.. (!(Ho Dv" DHo i ~ 1 35 ~ DisposilionPermilNo. Mechanicsburg, 23>.~_ ru 230:. _ SiIJIOcI iIb'Il, OIly, IOIIl PII1I: ERlerClltlM___mrdIim&~mdMIII but noI reNIing In" ~ CIUII gMn in PIIIl 28. W. Cue AeIIrred to MecIcIl ExII'nNf I CotonIr tor. Reason 0Ilir hn CremIIIon or 00nIIian? Dv.. (i!(... 21. DId tabIa:o U. ecn.e.. to 011I\1 DYes 0- o"'~ 2I.lftmlllt: Jd'lloll- -....... oP_.........- 0..._...._-<2..,. ..- 0..._...._43.......... -- 0........._-......... 32t==::""~_f_. Cl1~ ""'"'7,,} 329. ""*"'.. "'""1-' cly 1_._1 h.1I r" In" _......_...............~,=--.-',..,w". o o ~ .411-"" ".,1lI I, EDITH S. SWEETING, presently residing at No. 23 Leaycraft Lane in the Township of the Borough of Caldwell, Essex County, New Jersey, do hereby make, publish and declare my Last Will and Testament as follows: FIRST: I direct that all of my just debts, funeral and administration expenses, transfer inheritance and estate taxes, if any, be paid by my Executors from my estate as soon after my decease as conveniently may be done. SECOND: All of the rest, residue and remainder of my estate, real or personal, of which I may die seised or possessed or in which I may have an interest at the time of my death, I devise to my husband ROBERT SWEETING; provided that he shall survive me, to his own use, absolutely and forever. THIRD: In the event that my said husband shall not survive me, I devise all of the rest, residue and remainder of my said estate in the following manner: A. Such of my tangible personal property as mentioned in a separate written statement or list to the persons named therein; provided, however, that, in order to take his or her respective share, any such beneficiary shall survive me; to the use of each, absolutely and forever. B. The balance, including any lapsed devise, in equal shares, to my daughter NANCY S. BROOKES (Mrs. Howell Brookes) and my son ROBERT BRIAN SWEETING; provided, however, that, in order to take her or his respective share, each such beneficiary shall survive me, to the use of each, absolutely and forever. In the event that any such child of mine shall not survive me and shall die leaving issue who shall survive me, such issue shall take the share of the parent, in equal shares, \ ,'.' .~ ,'.. 'frl'" II ,n"n"';. ~ ."'~ .. V I t'll 11,1 i ',~: ~.' I_I! 10 -.'-' ~:-' "';illud ilJ )!t!.iTJ !Jd/~ o t :? tJd [I -) ..."..... . f) ~ 7 w ,,' :Jl~:tt! LLI]" -1- i ~ '. "'. I .... .~ t,',;' ~:/,"':..-.~:," , ,'-, ."- -v,:..;".> ','" ;-/'I"J v__.,,! -"'" ~'.~:.;':c:;..~~"-r::c:..,:~:":::::~::::;~.;.:;;;;;=,;;z_. I~~'O;:." per stirpes, subject, however, to the provisions of Clause Fourth hereinafter. In the event that any such child of mine shall not survive me and shall die leaving no issue who shall survive me, such as shall survive me of my said children and of the issue of any of my said children who shall not have survived me shall take the share of such child of mine dying without issue as aforesaid, in equal shares, per stirpes, subject, however, to the provisions of Clause Fourth hereinafter. FOURTH: My Trustees shall hold the share of any beneficiaries taking hereunder and hereby who shall, at the time of my death, not have attained the age of twenty one years, in trust, and my Trustees, in the uncontrolled discretion of each, (1) may pay the income therefrom or any part thereof directly to such beneficiary or to the person or persons standing in loco parentis to such beneficiary, to be applied for the benefit of such beneficiary and without responsibility on my Trustees to see to the appl ication of any such payment, or (2) may expend the whole or any part of the income or principal or accumulated income for the education and comfortable support of such beneficiary, or (3) may retain and invest or reinvest the whole or any part of the income or principal or accumulated income, and, from time to time, payor expend the whole or any part thereof in the manner hereinabove provided until such beneficiary attains the age of twenty one years or sooner dies, and thereupon pay the balance then remaining to such beneficiary or to his or her respective heirs, to the use of each, absolutely and forever. FIFTH: I appoint my husband ROBERT SWEETING as Executor of this, my Last Will and Testament. In the event that my said ~/~ -2- r ...;:-~~"~'" husband shall not survive me, shall otherwise fail to qualify as such or shall resign or die or become disqualified prior to the completion of the administration of my estate, I appoint my daughter NANCY S. BROOKES as Executrix in his place and stead and Trustee of any trust established hereunder and hereby. In the event that both my said husband and my said daughter shall not survive me, shall otherwise fail to qualify as such or shall resign or die or become disqualified prior to the completion of the administration of my estate or any trust, I appoint my son ROBERT BRIAN SWEETING as Executor and Trustee in their places and stead. I direct that no bond or other security be required of my said Executors and Trustees, all hereinbefore named>> for the faithful performance of the respective duties of each as such in any jurisdiction. I hereby authorize and empower my Executors and Trustees, whoever shall be in office at the time, in the absolute discretion of each, to exercise the following powers in addition to and not by limitation of the powers provided by law: In either or both capacities, to sell, convey, exchange, borrow against, pledge, mortgage or rent (even though any such loan, mortgage or lease may extend beyond the actual or probable duration of the administration of my estate or any trust) any and all real and personal property, at such times, for such prices and upon such terms as they shall deem most advisable and to execute and deliver good and sufficient instruments therefor. Any delay in the exercise of such power shall not cause the said power to fail. Any such power of sale with regard to real property shall not be 1 imi ted to a sale necess i tated in order to obtain proceeds to defray expenses and admioistration ~/~1- -3- -_.:,'----- costs and shall be exercisable by them, if, in their sole judgment, it will facilitate the administration and distribution of the estate. The said power of sale shall have the same legal effect as if the real estate had been devised to them with instructions to sell and divide the proceeds so that any such sale could be accomplished without obtaining the consent of any beneficiaries under this Will and without the necessity of obtaining Court approval. Any such borrowing may be from any person, partnership, corporation or other entity (including any of my fiduciaries or a partnership, corporation or other entity in which any of my fiduciaries shall be interested or by which any of my fiduciaries may be employed) for the purpose of meeting any and all charges against my estate or for any other purpose connected with the administration, preservation, improvement or enhancement in value of my estate and, in connection with any such borrowing, they may pledge, hypothecate or mortgage any part or all of the assets of my estate. To distribute any or all such property, real and personal, which shall come into their hands as such in its then condition or state of investment or in cash or partly in each (even though shares be composed differently) toward satisfaction of any devise made hereunder and hereby. The assets to be so distributed in satisfaction of any devise shall be valued, for that purpose, at their market values as of the date, or dates, of their respective transfers. To continue and retain any and all investments which I may own at the time of my death, at the risk of my estate, and with no liability whatsoever upon them for any loss occasioned by such retention, and, whenever, in their judgment, such action shall be necessary or advisable for the safety or enhancement ~/~ -4- ---- nlh _t."'*"".~.'''''''_ of my estate or any trust established hereunder and hereby, to sell and dispose of any or all said investments from time to time and to invest the proceeds of such sale or sales or such other funds that may come into their hands as such for investment in such investments or securities, including but not limited to common and preferred stock of corporations and in assets not productive of current income, as they shall deem prudent, without restriction to legal investments for fiduciaries. To vote in person or by proxy all stocks and other securities held by them; grant, exercise, sell or otherwise turn to account rights to subscribe to stock and securities and options of any nature; participate in reorganizations, mergers, liquidations or dissolutions, and contribute to the expenses of, and deposit securities with, protective committees in connection therewith; participate in voting trusts; and generally exercise, in respect of said stock and securities, all rights, powers or privileges which may be lawfully exercised by any person owning similar property in his or her own right. To hold and retain the principal and accumulated income of any trusts established hereunder and hereby undivided and as one trust, if the same be advisable or more convenient, until actual division thereof becomes necessary to make distribution; to hold, manage, invest and account for the several shares or proportions thereof as a single trust estate, making division thereof only on the books of account by proper entry; and to allocate to each share a proportionate part of the receipts and expenses; provided, however, that no such holding shall defer the vesting and possession of any estate. To make any payment of either income or principal to any beneficiary who may be entitled to receive the same ~~~ /J .. 7'.,. ~ .A'_ -(J -5- .. ~ notwithstanding any incapacity of such beneficiary or to pay the same to any person supplying goods or services for the care, comfort, education and welfare of such beneficiary, and the receipt of any such person shall constitute a full and complete release with respect thereto. To pay any estate, inheritance or succession taxes which may be levied by reason of my death immediately or to postpone the payment thereof upon future or remainder interests until the time possession thereof accrues to the beneficiary or beneficiaries. To carryon any trade. business or profession which I may be conducting at the time of my death, during such period as they shall deem advisable and, for that purpose, to retain and employ therein the capital and equipment which shall, at the time of my death, be employed therein and such additional capital as they shall deem fit to advance from time to time from the property in their hands, wi th power to employ, at such salary as they shall deem fit, a manager of the said trade, business or profession and generally to act in all matters relating to the same as if they were beneficially entitled thereto, and with the power to delegate all or any of the powers vested in them in relation to the same to any person or persons whom they shall deem fit. To renounce, in whole or in part, any devise or legacy or any interest in any trust provided for my benefit under the will of any person or under any trust instrument at any time within nine months after the date of the transfer which created an interest in me. To exercise. or refrain from exercising all elections and options available under any tax law, with or without making ~A -6- equi table adjustments wi th respect to any interests in property passing hereunder by reason of any such election or option. To set aside any amount out of income of any security purchased or acquired at a premium above par for the purpose of amortization of such premium. All cash dividends, either ordinary or extraordinary, received upon any stock shall be regarded and treated as income and all stock dividends, proceeds of sale of rights, and other things of value received on account of said stock shall be regarded and treated as principal, regardless of any existing laws to the contrary. SIXTH: In the event that any beneficiary hereunder and hereby shall not survive me by ten days, I direct that it shall be presumed, for the purpose of taking under this, my Last Will and Testament, that the said beneficiary did not survive me. SEVENTH: Although my said husband and I are executing our Last Wills and Testaments at or about the same time, they are not intended to be and shall not be construed to be contractual even though certain provisions thereof are reciprocal. Each such Will shall be subject to revocation by its maker before or after the death of the other of us. EIGHTH: In addition to any renunciation rights conferred by law, I hereby authorize any person at any time wi thin nine months after the date of my death to renounce, in whole or in part, any interest, benefit, right, privilege or power granted to such person under and by this, my Last Will and Testament. Any such renunciation shall be made by duly acknowledged written instrument executed by such person or his or her conservator, guardian, committee, executor or .... administrator, and delivered to the Executors. ~/ -7- I, EDITH S. SWEETING, the Testatrix, sign my name to this instrument this 3rd day of November, 1989, and, being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and Testament, that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind and under no constraint or undue influence. &d-LJ~ EDITH S. SWEETING We, Deanna Hohmann and David F. Brandley, the Wi tnesses, sign our names to this Instrument, and, being duly sworn, do hereby declare to the undersigned authority that the Testatrix signs and executes this instrument as her Last Will and Testament and that the Testatrix signs it willingly, and that each of us, in the presence and hearing of the Testatrix, hereby signs this Will as witness to the Testatrix's signing, and that, to the best of our knowledge, the Testatrix is 18 years of age or older, of sound mind and under no constraint or undue influence. 0LU/k~ GL1~~ A2~7:&~' The State of New Jersey: County of Essex Subscribed, sworn to and acknowledged before me by EDITH S. SWEETING, tbe Testatrix, and subscribed and sworn to before me by Deanna Hobmann and David F. Brandley, Witnesses, this 3rd day of November, 1989. _jNJ/l/XJJ11 _MIl. ....,,............ .... .,14 .llrau ......". NINTH: The words Executors and Trustees and pronouns relating thereto as used in this Will shall be construed to mean the Executors and Trustees, one or more, active from time to time, whether originally named herein or any substitute therefor or successor thereto. The word issue as used in this Will shall be construed to mean natural born and adopted issue. TENTH: I hereby revoke any and all former Wills and Codicils by me at any time heretofore made. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3rd day of November, 1989. "ffId~ This Will, consisting of eight (8) pages, each of which bears the signature of the Testatrix, EDITH S. SWEETING, was signed, sealed, published and declared by the Testatrix as and for her Last Will and Testament in the presence of us, who at her request and in her presence and the presence of each other, have hereunto subscribed our names as witnesses \Z)~ hereto. _J~J .g1~ J~ ~ (~ ( 1 ) D4'-r, ~ , 1.../ ~A ~ .~ II c{f1d &u.1:- !)JlhDf4 f~n HJ7~ L,.,,~ A"'~,ft/4; ~--!~JU1' - /2..;L;r. &-1'. -8-