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HomeMy WebLinkAbout07-31-07 PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Estate of DONALD A. HURST File No. J... \ 0'\ C:ll\~ Social Security No. q 571-20-5155 Deceased RICHARD W. STEWART and SHARON JUNE HURST Petitioners, who are 18 years of age or older, apply for: (COMPLETE "A" OR "B" BELOW:) o A. Probate and Grant of Letters Testamentary and aver that Petitioners are the Co-Executors named in the Last Will of the Decedent, dated November 13th. 2003 and codicils(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 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 (if applicable, enter: c.t.a.; d.b.n.c.t.a.; pendent elite; durante absentia; durante minoritate Name Relationshi .' ;~~ sa (COMPLETE IN ALL CASES): Attach additional sheets if necessary.- - C) 0 . )0" Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residen:e:'e::m --D--; 58 Fairway Drive. Camp Hill. Hampden Township. Cumberland County. PennsYlv~ia (List street, address, town/city. county, state, zip code) Decedent, then 83 years of age, died on Julv 16, 2007 Messiah Villaae. Mechanicsburg. PA (Location) at 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 ......................................................................................................................$ Total......................................................................................................... $ 170.000.00 I"V = ...... c:: I Co.) :.r;... - ...... <2 N '-. .I 170.000.00 Real Estate situated as follows: Wherefore, Petitioners respectfully request the probate of the last Will presented with this Petition and the grant of Letters in the appropriate form to the undersigned: 5i nature T ed or rinted name and residence Richard W. Stewart 1811 Warren Street New Cumberland, PA 17070 f;I !Jtjt:j- €J~~ Sharon June Hurst 58 Fairway Drive Cam Hill, PA 17011 Oath of Personal Representative o <::;0 3~~ ~?8~ .~. ::0 ::-::J---l ]::.- "" = = --.J C- c::: r- w COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND > :::: C5 N The Petitioners above-named swear or affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners and that, as personal representatives of the Decedent, Petitioners will well and truly administer the estate according to law. Sworn to and affirmed and subscribed Before me this 3 \ day of ~~~ ,2007. O,,"~ ~_~ ~ tI /)Y~ Richa W. Stewart ~ ClrN~~' ':i1~ ~aron June ~~ rl~ FileNo. a \ D\ DI\e> Estate of DONALD A. HURST , Deceased. Social Security No: 579-20-5155 Date of Death: July 16. 2007 AND NOW, Jv..lv\ '6\ ,2007, in consideration of the foregoing Petition, satisfactory \ proof having been presented before me, IT IS DECREED that Letters Testamentarv are hereby granted to Richard W. Stewart and Sharon June Hurst in the above estate and that the instrument dated November 13th. 2003 described in the Petition be admitted to probate and filed of record as the Last Will of the Decedent. Letters........................... $ Short Certificate(S)(~ Renunciation.............. $ Affida v it ().....~.~~J. $ Extra Pages ()....... $ Codicil...................fl\.....L, $ JCP Fee.......9.....I~ $ Inventory...................... $ Other.............................. $ ~ laO .CD 11.0.0:> ~~- M~ \. Q.b \. . L Register of Wills 1Lp FEES l~r()O I 'S r 00 Attorney: RICHARD W. STEWART I.D. No: 18039 Address: Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemovne. PA 17043- Telephone: 717-761-4540 TOT AL......... $ 3Dlo ,00 HI05.805 REV 10]107) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 13770266 Certification Number i1 CO) i i > ::It r;? N ex> REV 1112006 PRINT IN /ANENT CKIN!< COMMONWEALTH OF PENNSVLVANIA. OEPARTMENT OF HEALTH. VITAL RECOROS CERTIFICATE OF DEATH (See Instructions and examples on reverse) ed. FICiltyNeme(K "" 1nst1Mlon,!Tie ~roeI and numberj :m~:..s> /1;..1 II ILL A (.; f 13. Oecedonf. Educallon (SpecIfy on/y highest grade compIetod) 8.itry f Sacondaly (0.12) Co4ego (1-4 '" 5+) \. Ol CY"1 la 1. NemeolDecedontIF...._,tesI,suftixl 6. Date of Birth (Month, de , YO.' 7. BlrthpIece I and_orl Apr ..26 .1924 DOther . SpecIfy: 10. Race:,American Indian, Blactc., While, etc. Jme 11.Decedent'.Usue/ _of IIle.Donol_ Ki1d0l_ Klndof_ffndustry exacutive real estate . 16.~r._g_(_,clly/lown,,,,,,.zlpcodel Dr. PA 17011 Andrew Hurst 14. Marital Status: Married, Never Manied, WIdowed, ilIwfced ($pldIy) married GodfreY 17b. COunty Pennsylvania Cumberland Did Oocedonl UWln. 17C.~Vas,_ILlvedln Hamoden Townehip'? 17d. D No, Decedont lived within ActuetL<nllsol Twp. City f 80m J. Hurst 19. Mother', Name (First, mIdcIe, maldtn IlI1\8Il'lel Margaret Schmeltzer 2Ob.lnfonnent'. MetIng_ (Slreet. cltyf_, stele, zipcode) 58 Fairway Dr., Camp Hill, PA 17011 21c. Placeollllsposillon (Nemo01 cernetery,_ "otherplecel 21d. Locotion ICity f _, ~te, zip oodlll Camp hi 11 , PA Hummel Ave.,Lemoyne,PA17043 ..... onIy-~ p/1yIlclenlsnol_attimeoldeethto CllItIlycaueeoldeeth. Items 2-1-26 _ be oompleted by peIIOll . whO j)fOI'lOUOQII deelh. 231>. ucense NlI11ber 230. Dat. S91ed (_, day, year) 2~. T..... 01 DeeIh 25. Dele ~ ~ (Month, day, yoerj () q3 0 M. ///~/~ CAUSE OF DEATH (9M tn__ ..... .ompieo) Item 27. Pertt Enler""~--, rjuIte8,,,~_th8tclleclly_...._.OONOTenter_"""such"C8Idiecerrest, .....r1IDry errest. '" __ -. _ showing'" otioIoOY. Uet on/y one ca.....""""""'. 28. Was Case Refen'ed to MedicaJ Examinlr I Coroner for I R8UOI'I Olhtr than CrtmatIon or .Donation? D V.. \\( No ~- 0Ilset to Death Pert ~ Erierother _ccrdtiaNl """"","",to deeth. butnol~.""undellyingcauee!jven.Pertl. 26. DId Tcbecoo use Contribute to Oeeth? D Yes D~ [j] No fa1i- 29. II Femele: D NolprBlJlOlllwithinpeslyoer D PlOgI1enlal_oI_ D NolIl"Qll8l1l,bulprBlJlOlllwithin~deys oIdeeth DNolIl"Qll8l1l,bulpleg1ent~deyslolyeer bokn death D_Ilpleg1entwithinltlepea1year 320. ==::",,~j_' Fecloly, D Vas g(. 301>. w.. ~ FIndngs A_ PrIor to CompIeI1on 01 Cause 01 Oeeth? Dvas ~ 311.....,.., Ooath ~D- D - 0 Perdng IrwestIgatioI1 D~ DCoiJdNolbolletennioed ntrJ n'fh$. LjftY.5 ~-=.=I)~ ~ist ccrdtiaNl, II my, =~v:rc%U::" ~~'r~ a. U,717tLihOtU OooIo(OI..._of): . b. ad/hr.1-! cpd tV;t.)u; /lie.)>; d..R 111.1 rJ!7;j Due 10 [Of..._of): c. 000 to I"".cooeequonce of): d. 301. Was en ~y - 32d.T.....oItn/JIY 32g.l.ocaIIonolll1jury(_,cltyf_,_) M. 330. CeI1tIer (cIIeck only one) . CeIttlyIog phyIIolon II'tIysiOIn ceF1llylng COUll cldeeth_ enotIter~ has ~_ and<empleted Item 231 Tolllobeltof""............_ _ ......1Ilocauoe(.)end _eo.... __ _ _.. _ _.... __ _.._ - -..- _.. -- -.- D ~endcortlfylng piIyI1cien (PItyIlclen bolt> pronounclng_ and ~ loCOUll 01_1 To"" belt of my............ _.....- II"" _ dolo, end,,-, end duo..1Ilo eauee(.) end -- ael1llod..... -..... - -. - -..- . =' =.= end fOf ilweetIgIIlon, In my opinion, _ occurred lll1lo _ dele. end,,-, end duo to !hi ceuee(.) end m_ as alaIId.. D 35. RegietrIt'. .. 1 I" 36. Date ~ (Month, day, year) 10(1 I ....1 / II I "7 //~/~~d7 Oisoositlon P.rmIt No ~ /) 3"' Ot: /9 010755-2/11.13.03/RWS/bf/101804v.2 1Last Will anb \lCestament of DONALD A. HURST I, DONALD A. HURST, of the Township of Hampden, Cumberland County, and Commonwealth of Pennsylvania, declare this to be my last Will and revoke any Will previously made by me. ITEM I. I bequeath my automobiles, household and personal effects, and other tangible personalty oflike nature (not including cash or securities), together with any existing insurance thereon, to my wife, SHARON JUNE HURST, if she survives me by thirty (30) days. Should my wife, SHARON JUNE HURST, not be living on the thirty-first (31st) day after my death, I bequeath such tangible personalty and insurance thereon to such of my children as are living on the thirty-first (31st) day after my death, to be divided among them by my executor with due regard for their personal preferences in as nearly equal shares as practical. ITEM II. I devise and bequeath the sum of Twenty-Five Thousand ($25,000.00) Dollars to each of the following named persons who survive me by thirty (30) days: A. My daughter, DONNA ANN EATON, B. My son, THOMAS E. HURST, and C. My grandson, KEVIN EATON. ITEM ill. Should the value of the principal of the Donald A. Hurst Revocable Trust be less than Two Hundred Fifty Thousand ($250,000.00) Dollars at the time of my death, I bequeath to the Donald A. Hurst Revocable Trust an amount sufficient to increase the value of the principal to the sum of Two Hundred Fifty Thousand ($250,000.00) Dollat;f?j U~'_'.' :itJ/~nJ ~ I 'f'l r'. t-\ ,~\ f,:' I, I fUQ J.Oi il)J 0Jj\J~r-tGa :i0 >18318 82 :01 }~\1 I 8 lnr LOOl fl",,--, i'J" 8'1 ; . ,-I, i.'"" ~J-i \...L..i'>.....:"-=. ...JU 01 0755-2/11.13.03/RWS/bf/1 01804v.2 ITEM IV. I bequeath the sum of One Hundred Thousand ($100,000.00) Dollars to be divided equally among said of my wife's children ROBERT L. ALLEN, MURRY WAYNE ALLEN, TRACY L. ELLIS and SHARON D. WAGNER as survive me provided, however, that if any said child predeceases me but has issue then living that child's share shall be distributed to the child's then living issue per stirpes. If the child has no issue then living that child's share shall be distributed to the then living issue of my wife, SHARON JUNE HURST, per stirpes. ITEM V. as follows: I devise and bequeath the residue of my estate of every nature and wherever situate A. One-third (1/3) thereof to my wife, SHARON JUNE HURST, if she survives me. If my wife, SHARON JUNE HURST, fails to survive me, her share shall be added to and treated as a part of the other shares created in subparagraphs B and C below. B. One-third (1/3) thereof to my daughter, DONNA ANN EATON, if she survives me. If my daughter, DONNA ANN EATON, fails to survive me, her share shall be distributed to her then living issue, per stirpes, and in default of such issue, her share shall be added to and treated as a part of the other shares created in subparagraphs A above and C below. C. One-third (1/3) thereof to my son, THOMAS E. HURST, ifhe survives me. Ifmy son, THOMAS E. HURST, fails to survive me, his share shall be distributed to his then living issue, per stirpes, and in default of such issue, his share shall be added to and treated as a part of the other shares created in subparagraphs A and B above. ITEM VI. All federal, state and other death taxes payable because of my death, 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 in connection with such tax, shall be considered a part of the expense of the administration of my estate and shall be paid from my residuary estate without apportionment or right of reimbursement provided that any taxes on the revocable trusts created by me, may be paid from the assets of these trusts as provided therein. My Executor may qualify the gift given to my wife under a Revocable 01 0755-2/11.13.03/RWS/bf/1 01804v.2 Trust created by me or as much there of as he deems advantageous for the qualified terminable interest property provision set forth in Section 2056(b) (7) of the Internal Revenue Code as amended by Section 403 of the Economic Recovery Act of 1981. My Executors are hereby authorized to make the election to qualify or not to qualify. As such, I direct that: A. If any provision of my Will shall result in depriving my estate of the benefits of the Internet Revenue Code of Section 2056 (b )(7), if elected, such provision is hereby revoked and my Will shall be read as if any portion thereof which would result in such disqualification is null and void; B. My Executor is hereby excused from any liability to any person for the decision to elect to have the gift qualify for the marital deduction or for the decision to elect not so to qualify it; C. No reimbursement or other adjustment shall be made among beneficiaries by reason of the consequences of such election or failure to elect. ITEM VD. My executors and guardian 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, including property held for minors, exercisable without court approval, and effective until actual distribution of all property: A. To retain any or all of the assets of my estate, real or personal, including any shares of stock or other securities I may own of the corporate fiduciary or its successors, or of a holding company controlling the corporate fiduciary or its successor, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification. B. 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. C. 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. 01 0755-2111.13.03/RWS/bf/1 01804v.2 D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. E. To borrow from, or sell to, the trustee under my inter vivos trust mentioned above, even though such trustee may be my executor. F. To join with my wife, SHARON JUNE HURST, or her personal representative in filing a joint income tax return without requiring her or her estate to indemnify my estate against liability for the tax attributable to her income and to consent to any gifts made by my wife during my lifetime being treated as having been made one-half by me for purposes of the federal gift tax law. ITEM VIII. I appoint RICHARD W. STEWART and SHARON JUNE HURST, Executors of this my last Will. Should RICHARD W. STEWART fail to qualify or cease to act as Co-Executor, I appoint another member of the firm of Johnson, Duffie, Stewart & Weidner or its successor Co-Executor of this my last Will. Should my wife, SHARON JUNE HURST, fail to qualify or cease to act as Co-Executor, I appoint SHARON D. WAGNER, Co-Executor in her place. ITEM IX. I direct that Richard W. Stewart or his successor shall be entitled to reasonable compensation for his duties as Co-Executor and counsel. ITEM X. I direct that my executors and guardian shall not be required to give bond for the faithful performance of their duties in any jurisdiction. 01 0755-2/11.13.03/RWS/bf/1 01804v.2 tJo v.e_t.,~...... IN WITNESS WHEREOF, I have hereunto set my hand this 17+1,. day of ,2003. 'S-'"'-.~ <4 #.&U~ Donald A. urst SIGNED, SEALED, PUBLISHED AND DECLARED, by Donald A. Hurst, the Testator above named, as and for his Last Will and Testament and in the presence of us, who, at his request, in his presence and in the presence of each other, have subscribed our names as witnesses. -d1I-/#~ W' &h~ Wie,s- :;(~ yJ,- Address 1r~l:?P~ @ ACKNOWLEDGMENT COMMONWEALTH OF PENN8YLV ANIA :8S: COUNTY OF CUMBERLAND I, Donald A. Hurst, Testator, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~I 0<-.4~ Donald A. Hurst Testator, this Sworn to or affirmed and acknowledged before me, by Donald A. Hurst, the ~"'-&yof .-{'..~ ,2003. -~~~ ~ Notary Public ~ ~ -~' My commission expires: (SEAL) NOTARIAL SEAL DIANNE LENIG, Notary Public Lcmoyne Borough Cumberland Co. My Commission Expires Dec. 21, 2005 010755-2/11.13.03/RWS/bf/101804v.2 AFFIDAVIT COMMONWEALTH OF PENN8YLV ANIA :88: COUNTY OF CUMBERLAND We, ~~d.~~J. W 5i~'4a_L- and .J<S"l' tt.ol..\"'tscrv , the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the foregoing instrument as his Last Will and Testament; that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the best of our knowledge, the Testator was at that time at least 18 years of age, of sound mind and under no constraint or undue influence. -;df/ ,lfi/d4- Sworn to or affirmed and subscribe to before "me by ~' ~ 'W.. ~k'.^,~~'-t.\.." and ~ (1..~~ ,witnesses,this\~~yof "~~ ,2003. ~~~ Notary Public ~ My commission expires: (SEAL) r NOTARIAL SEAL I DIANNE LENIG. Notary Public I Lcmoyne Borough Cumberland Co. . My Commission Expires Dec. 21, 2005 ..