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Home My WebLink About08-06-07 PETITION FOR PROBATE and GRANT Of LE:TTERS ;J! yr'()'l, '7--<// Estate of Sara E. Shay No. c' - L. U - .7 also known as To: , Deceased. Register of Wills for the County of Cumberland Commonwealth of Pennsylvania in the Social Security No. 185-03-3704 The petition of the undersigned respectfully represents that: Your petitioner( s), who is/are 18 years of age or older and the execut or in the last will of the above decedent, dated January 24. 1996 and codicil(s) dated July 17. 1997 named (-'.,1 ,---", --.I -: ~~? ') L, , ",-,.r- J;b ". -'. ',,,", ) , ,....) 1-- I 01 (state relevant circumstances. e,g, renunciation, death of executor. etc,) \:J Decedent was domiciled at death in Cumberland County, Pennsylvania, ~ith =: h er last family or principal residence at 261 North Old Stone House Road. Carlisle. PAlV015 !;? C) W (list street. number and municipality) Decedent, then 92 years of age, died 7/24/2007 at Palmyra Nursinq Home. Palmyra. PA Except as follows, decedent did not marry, was not divorced and 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 incompetent: 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 situated as follows: $ $ $ $ 1.214.000.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters thereon. /7 L J' I . / /' ( ,-{ \~ , 1.:- ,,/ Za~-:z:,'0-- // // (62( Barbara Mitchell (testamentary; administration c,La.; administration d,b,n,c.La,) ~ " u t: v '0 'Vi -- v ~ 0:::';::' v '0 t: t: 0 ~:€ ~t) v"- ....'- .3 0 '" t: blJ Vi 261 North Old Stone House Road Carlisle PA 17015 OATH OF PERSONAL REPRESENTATIVE cOMMON\VEAL TH OF PENNSYL VANIA } ss COUNTY OF Cumberland The petitioner(s) abGve-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the b0st of the knowledge and belief of petitioner( s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and trylly administer the ~state according to law. 'ilL ~L fh;/:4" :// sw.o,r nto, or"affi,lr,mJ:d,a,~t?d su, bscr"i,b, e,d, { /.7 ,t-V ,/ .(t.;:' :e::'&:' befor~e this ~_r2. " day of I:~'" ~ . J( .(' 7 .~ -I - ,..... j;1,~t / .;) )f1/~ cJ~,~~ v, ciq' == l:l l2 "" tll 2 No. (~I r c:;tJd '7 ~ ZJ 1 Estate of Sara E. Shay , Deceased /_ ~~J""~ AND NOW r , in consideration ofthe petition on the reverse side hereof, ory proof having been presented before me, IT IS DEC~ili1f~'ins ment(s) dated Januarv 24. 1996. and July 17. 1997 ~e"iO be ,dmitted to p b,te 'od filed of ",ord " the I", will of Sara E. Shav . and Letters Testamentary '"",- "'-. are hereby granted to "- Barbara Mitchell '''"'' ~ '-... DECREE OF PROBATE AND GRANT OF LETTERS v,:LJ/,\ ,j ..~- ' . o I' f1!J ,i:JfEr / eLf> Register of Wills ) 1< /t',- -f <'/+9 c / Charles J. DeHart, III No. 15617 FEES-, 1/) :-/6 Probate, Letters, Etc.. . . . . . . . $ r5/(J I . . d _' - - f{.O. UD Short C~rt~ficates (I )... ~v~\" lj. . $ 'S c.~: RenunClatlOn. . . . . . . ~ \ tl'? ,$ tfjf't;v ~ $ .~, ~ ----- TOTAL _ $ ATTORNEY (Sup. Ct. LD. No.) 3631 North Front Street Harrisburq PA 17110 ADDRESS (717) 232-7661 Filed. . . . . . . . QC5~ t.O D 1 . PHONE Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COlJNTY OF The Petitioner(s) above-named swear(s) or affirn1(s) that the statements in the foregoing Petition are true and con-ect to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Pet~ti2p.er(stw1Trwell and truly administer the estate according to law. Sworn to or affirmed and subscribed Signature of Personal Representative before me the day of Signature of Personal Representative For the Register Signature of Personal Representative ,., I I/('ll) r7 ." 1:51'1 C/t .- t/i iJ.~ -,I "-~!u((c G. .S heu) \'65 - 03. '.-s'ley AND NOW, ,(9.(1)7 , in consideration of the foregoing Petition, satisfactory proof having been presented b re me, IT IS DECREED that Letters Te .:.:::.-k[(\iZ.'I1CU"-j are hereby granted to _~ti COfC7L m, ic-he, \ I File Number: Estate of , Deceased Social Security Number: Date of Death: J.J\i 24, JC6'7 and that the instrument(s) dated described in the Petition be admitted to proba in the above estate Letters . Short Certificate(s) . . , Renunciation( s) ~~, 1\\ ...1 ( P C u..... -::tvY'V--a --:t:u,.,....,J . $ <6 Ie> <....0 $ LtD, (SO $ $ $ $ $ $ $ $ $ and filed ofrec~r~ax the lasrt w~ Codicil(s)) ofDecedeG~. , ....fiJ(QtvJa fled ~ !)i /',,:k""~ < Reglster'of Wills (" /lQ A I / -,---' ~ . " ~v Attorney Signature: FEES I:::> , c..J\) ID. dO c:; \ (/'0 Attomey Name: Supreme Court J.D. No.: Address: Telephone: J) TOTAL .. . $ Fo,,"RW.O] rev IU130(J Page 2 of2 o .-l, '7.3' 1 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. ';:1 I, "'(l.f;f': ,,,,,";"~0H'OCP[J?:_~ " ~,\. ,'f4' -, \" "",-"'" '. ,[',-0'. ?~~/ "'~~\\ !f~ ;~.' ~~\ ~ c..-JI. d' . "b,.,(') " .-..., " '~It ,,'~ ;",~,,:' ' *$'/ \ <% .",):;:,,~I ~- ~I?"., '1<..~~,,~> C"C_; I,1fENT ~\ ~",!!'/ -....::::::::-:'::':'.~:.~,,~:3::.!!!1,1> p 13599005 i'l! "'\,1.;' 1)\"'; I'h" J' ,<' "L"11l\ that th,' IIillllll1atll11l h,'rL' ~'I'l'll ,-; ..,lITCd]: '''l'J\'d 110111 an ('rigillal C\Ttifk~ltc (II Ik,ItiJ dul: Ilkd 1\ ill, me a-; j"lCal l~cgiqr~\I' 'I hL' (lIl::lIla; ,'_'!llfi'II'C ",Ii hi' j", \\;tnkd l(\ thl' '.tlL' \"<;11 l~.l'(('nh OJ 11<." (llr !'L:ITllallc'lll filin::. kj~u 1 ~'.aa tj!!-~1fj~.-:Jl:J.llQ2 ,I ,\ ,::::7;.~tl;t1 I \lll' I."uc'd (') :- (j IJ 1,/ --J ::-~l (:: .. ) I 0' , ~.J r'j (:) w H105-143 REV 1112006 TYPE I PRINT IN PERMANENT BLACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) 1. Name of Decedent (First, middle, last, sulfill) 5. Age (last Birthday} Shay 6. Date 01 Birth (Month, day, year) 92 Yrs 80. County of Death Lebanon lile. Do not staleretifed Kind 01 Business I Indu51ry _ 16. Decedenrs MalIing Address (Street. city Ilown, slale, zip code) 261 North Old Stone House Road Carlisle, PA 17015 Dec&denrs AcwalResidence t1a.$tate Pennsylvania Cumberland t7b.County OOlher . SpecJly: 10. Race; Ametic8n Intjan, Black, White, etc. (Specif)\ Whi te 14. Marital Status: Married. Never Married, Widowed,t>voreed(5pedM Widowed Shay Did Decedent live In a Township? Middlesex 17c.1XI Ves, Decedent lived In 17d. 0 No, Oecedont LNed_n Actuat LimM 01 Twp. City/Born 19. MoChe(s Name (First, middle, maiden sumame) Florence Eppinger 18. Falher's Name {First, middle, IaSI,sullil() Charles S. Rhoads 2Ob.lnIormanfs Maling Address (Sree~ city 1 town, stale, zip code) 261 N0rth Old S~bne House Road Carlisle, FA i70is 21C!. Location (CIly J towo, state, zip code) Hershey, .PA, 17033 20a. InJorman!'s Name (Type J Print) Barbara S. Mitchell 2tc. Place 01 Disposition (Name of cem8\6I'f, crematory or othefplace) Hershey Cemetery o III " "' << '" 21a. Method of Disposition eM Burial 0 Aemovallrom $tale o ~. SpecJIy: 22a.Sigflatureol al . ~ hems 24-26 must be compleled by person . who prooounces death. ~~~~S~~~l)dise::. ~-rf ::-~ .-rb Due to ( s a coosequence Ill): { [_ . b. _ Lbd'_ .)OCI'U,S'l.J Due 10 (?"I' a '""""lY"""" oil: ~ I~{l." LL. .f\5c:n 5, g Due 10 (Of as a consequence 01): I Approltimate interval: I Onset to Death I I I I I I I I I I I I I I I I SeqIJenli8lIylisl condilions, If any, =oa:Dc;R~:~~~e a (disease Of inJUl'Y lhal initiated the events resuffiilg 10 dealh) LAST. d. 3Oa. Was an Aulopsy Pertooned? 3<lJ. Were Autopsy Fiodings Available Prior 10 Completion 01 Cause of Death? 31. MaMerofDvath ~alUral 0 Homicide o Accidenl 0 Pending Investigation 32d. Time of Injury o So"'" 0 Cook! NoIbe D_ ... DYes ON. o Yes ,1:Jl'o 33a. Certifier (c:hedl only one) Cert1rylng physician (Physician certifying cause 01 dealh when another physician has pronounced death and COOlpieled nem 23) To the best 01 my knowledge, d8lthoccurred due 10 lhe eause(sllfld manner a. atatecL - - - - - - - - - - - - - -- - - - - -- - - - - - - - - --- ~c;:u=:,.= =~:':,.:e~~:~~ :hti=:~n~~::U~I:rt~ Io~::t::~ manner I. staled.. _ _ _ _.. _.... _ _.. _.... _.. _ 0 ~:b~:::~~~;~= and I 01' Investlgallon, In my oplnktn, death occurred at the time, date, and place, and due to the caute(a) Ind manner all stated.. 0 z o w l;j o w ~ ,,;2.\ol-1J-1,)...14 I 36. Date Filed (Month, day, year) [- 3 (-07 n II 3& 7 f Disposition Permit No Yf~tv'1T\ A 28. Did Tobacco Use Conlribule to Death? DYes p-, o No . Unknown 29. 11 Female: o NoI........_npastyear o Prtgnanl at lime of death o NoI........, 'ot.........."" " days ofdealh o No! pregnant, but pregnanl43 days to 1 'J'8BI beloredealh o Unknown it pregnant withIn the past year 32c. Place oIlnju'Y Home, Farm, Street, Factory, Olf.. 6lo"ng, elc. (Specify) 329. LocaIion01 Injoty(Streel,cilyI lown,Slale) uJ) 33d_ Dale Signed (Month, day, year) -:t \ ()L.\ [()~ 34. Name and Address 01 Person Who Comolel9dJ~'~ 01 Death (Item 27) Type I Print \ 4V() f t"DklD t 'C.,Y c:::. . I 7075 \J ).0.lH M " () '/ '7.3 /;7 ..I I LAST WILL AND TESTAMENT OF SARA E. SHAY :C) -51 1..1 '--,....1 ~'~.1<. c-:; f C'l I, Ii II Pennsylvania, -',--, '-- I, SARA E. SHAY, of Derry Township, --, Dauphiro County, (....;l r....,) being of sound mind, memory and understanding, do make and publish this my Last Will and Testament, hereby revoking and making void all former Wills by me at any time heretofore made. ITEM I. I direct that all my just debts and funeral expenses be fully paid and satisfied as soon as conveniently may be after my decease. ITEM II. I give the cash sum of Five Thousand ($5,000.00) Dollars to each of my grandchildren, provided they surVlve my death. ITEM III. I glve unto each of my II daughters, Eileen Smith, Sylvia A. Casat and Barbara Mitchell, the II cash sum of Five Thousand ($5,000.00) Dollars, provided they II survive my death. I 'I ITEM IV. All the rest, residue and remainder of my estate shall be divided into equal shares, one for the benefit of each of my three (3) daughters, Eileen Smith, Sylvia A. Casat and Barbara Mitchell, or their issue per stirpes. Each share for the benefit of each of my living daughters shall thereafter be held in trust, subject to the following terms and conditions: A. To pay the income at least quarter-annually to each of my daughters. B. To pay so much of the principal, as may, in the sole discretion of my Trustee, be necessary for the maintenance, support or medical expenses of each of my daughters. C. Upon the expiration of ten (10) years from the date of my death, the Trustee shall disburse to each of my daughters the I remaining accumulated income and principal in each trust account. 'I In the event any of my daughters should die prior to the expiration I of ten (10) years, the Trustee shall disburse the accumulated 2 q income and principal then remaining unto the deceased daughter's then-living issue per stirpes. If the deceased daughter has no such living issue, then the balance held in the separate trust account shall be paid to my then-living issue, per stirpes, subject to and combined with any trust provisions as herein provided. Each share for the benefit of the issue of a deceased daughter shall be divided equally among said living issue per stirpes, subject to the minority or disability provisions as provided 1n Item V hereinafter set forth. ITEM V. Any income or principal payable to any beneficiary who is a minor or to be a beneficiary who, in the sole judgment of my personal representative, 1S mentally or physically incapacitated, shall be held in trust during such minority or incapacity. Trustee 1S authorized to expend from income or principal such sum or sums as may be necessary for the proper care, maintenance and support of such m1nor or incapacitated beneficiary directly, without the intervention of a guardian or 3 r! . ! committee; or Trustee may pay the same to any person having care or control of said beneficiary or with whom the beneficiary resides, without any duty on the part of Trustee to supervise or inquire into the application of the funds by any person to whom payment is so made. Any income and principal not so expended by Trustee shall be retained by Trustee and paid to the beneficiary upon termination of the incapacity (including minority), or to the estate of the beneficiary if he or she dies before reaching the age of majority or while still incapacitated, as the case may be. For purposes herein contained, the age of majority shall be twenty-one (21) years. ITEM VI. I authorize the Trustee and any successors in trust to exercise the following powers in her/his/its sole discretion which shall be effective without court order or 'I I approval: 4 II " I A. To retain any or all of the assets of my estate, without regard to any principle of diversification, risk or productivity. B. To invest forms of property without in all restrictions to investments authorized for any type of fiduciary. C. To compromise any claim or controversy. D. To loan money to or to purchase property from my probate estate. E. To borrow money from any person, including any Executor or Trustee, and to mortgage or pledge any real or personal property. F. To sell at public or private sale, to exchange or to lease for any period of time, any real or personal property, and to glve options for sales, exchanges or leases all for such prices and upon such terms and conditions as it deems proper. G. To allocate receipts and expenses to principal or income or partly to each as it deems proper. 5 " . H. To repair, alter or lmprove any real or personal property. I. To distribute in cash or in kind or partly in each at valuations fixed by the Trustee. J. To purchase investments at premiums and to charge premiums to income or principal or partly to each. K. To subscribe for or to exerClse options for stocks, bonds or other investments; to join in any plan of lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to deposit securities thereunder; and to generally exercise all the rights of security holders or employees of any corporation. L. To register securities in the name of a nominee or in such manner that title shall pass by delivery. M. To assume continuance of the status of any beneficiary with reference to death, marriage, divorce, illness, incapacity or other change in the absence of information deemed 6 '1 I .. i .' reliable, without liability for disbursements made on such assumption. N. To add to the principal of any trust created by this instrument any real or personal property received from any person I by Deed, Will or in any other manner. O. To exerClse all power, authority and discretion given by this instrument after the termination of any trust created herein until the same is fully distributed. P. My Trustee may commingle the assets of any trust estate created by this Will in anyone or more common funds for greater convenience and flexibility. Q. To employ attorneys, accountants, engineers and such other persons, professional or otherwise, as may be necessary for the proper administration of this estate or trust, and to pay their compensation from such funds. R. I authorize the Trustee to pay from the income or I principal of any trust fund an amount which it shall determine as 7 " Ii I: proper and reasonable to compensate the guardian of the person of any minor beneficiary. It is my desire that whoever should assume this responsibility of raising minor children should be properly compensated from the trust estate herein provided. s. I authorize the Trustee to purchase from the trust fund or funds any type or manner of insurance which it deems to be in the best interest of the beneficiary. ITEM VII. It is hereby directed that my Executor, hereinafter named, shall pay all inheritance, state, succession and legacy taxes to which my estate or the transfer of any property hereunder may be subject and to charge such tax as part of the administration, payable out of my residuary estate. ITEM VIII. I hereby appoint my daughter, Barbara Mitchell, to be and act as Trustee of any trust, herein created, by this Last Will and Testament, with the exception of the I trust created for her benefit. I Gareth Mitchell, to be and act I hereby appoint my son-in-law, as Trustee of any trust created for 8 II I, ,[ the benefit of my daughter, Barbara Mitchell. I further authorize my daughter, Barbara Mitchell, and my son-in-law, Gareth Mitchell, to designate, in writing, one (1) or more persons or institutions, having trust powers, to act as Successor Trustee in the event of their individual deaths. In the event of renunciation, death or inability to act for any reason whatsoever of my daughter, Barbara Mitchell, or my son-in-law, Gareth Mitchell, and in the event they should fail to appoint a Successor Trustee in writing, prior to their deaths, I nominate and appoint The Hershey Trust Company to be and act as sole Trustee or Successor Trustee over any trust herein created. No Trustee shall be required to furnish any bond or security of any kind for the faithful performance of his or her duties as Trustee or Successor Trustee. ITEM IX. I nominate, constitute and appoint my daughter, Barbara Mitchell, to be and act as my sole Executrix of this my Last Will and Testament. In the event of II renunciation, death, resignation or inability to act for any reason 'I , 9 " .' whatsoever of my daughter, Barbara Mitchell, I nominate, constitute and appoint my son-in-law, Gareth Mitchell as Executor of this my Last Will and Testament. As a final alternative, I appoint The Hershey Trust Company to be and act as sole Executor of this my Last Will and Testament. No personal representative or fiduciary appointed herein shall be required to post bond or give any security. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 'J. i~)L/ day of , ).,; "" '.' J ,/ f , 1996. / /1. . ./ ,k.- /" I n / / >' I L /',. / / (SEAL) SARA E. SHAY The preceding instrument, consisting of this, and nine other typewritten pages, was on the date thereof signed, published and I declared by SARA E. SHAY, the Testatrix therein named, as and for 10 II " . . . " her Last WillI in the presence of uSI who at her request I in her presence and in the presence of each otherl have subscribed our names as witnesses hereto. /" : ,-.l,.. 62682-1 I ) ) /~;: , ./ /1 'L /'/ 2_ 'I. L , (I . I '-. '_."~2t.~.~ '~ '" Residing at J--;:. //".'l.~~ ,~ r" .....,' ~f I :) v j \.. ll,...I....." ~j .;7; ...v /./ I " f, / (-~---)'L for t''; Residing at c.'\..', If, .~ fA I 7 (e.. / f 4~< L~' I:.t: 1/ 11 .... p -/ .. (' ) .... l '. I ~.)' FIRST CODICIL TO THE LAST WILL AND TESTAMENT OF SARA E. SHAY d (! 5: ,.-1, 1.....-. SARA E. SHAY, of Derry Township, Dauphin County, Pennsylvania, declare this to be the sole Codicil to my Last Will and Testament dated January 24, 1996. ITEM I. I hereby revoke Item IV of my Last Will and Testament and In lieu thereof provide as follows: ITEM IV. I give all the rest, residue and remainder of my estate unto my three (3) daughters, Eileen Smith, Sylvia Casat and Barbara Mitchell, in the following manner: (a) One (1) equal share to Barbara Mitchell, or her living issue per stirpes. (b) One (1) equal share to be held in trust for the benefit of Eileen Smith, under the following terms and conditions: 1. To pay the income and so much of the principal as may, In the sole discretion of my Trustee, be necessary for the maintenance, I' ... Ii ! support or medical expenses of my daughter, Eileen, until her death. 2. Upon the death of my daughter, Eileen, the Trustee shall disburse the accumulated income and principal then remaining unto her then-living issue per stirpes. If there are no then-living issue, the balance ln said trust account shall be distributed to my then-living issue per stirpes, subject to and combined with any trust provisions as herein provided. (c) One (1) equal share to be held in trust for the benefit of Sylvia Casat, under the following terms and conditions: 1. To pay the income and so much of the principal as may, in the sole discretion of my Trustee, be necessary for the maintenance, support or medical expenses of my daughter, Sylvia, until her death. 2 " Ii II 2. Upon the death of my daughter, Sylvia, the Trustee shall disburse the accumulated income and principal then remaining unto her then-living issue per stirpes. If there are no then-living issue, the balance in said trust account shall be distributed to my then-living issue per stirpes, subject to and combined with any trust provisions as herein provided. (d) Each share for the benefit of the living issue of a deceased daughter shall be divided equally among said living issue per stirpes, subject to the minority and disability provisions as provided in Item V of my Last Will and Testament. ITEM II. In all other respects, I hereby ratify, confirm and republish my Last Will and Testament dated January 24, 1996. 3 II IN WITNESS WHEREOF, I have hereunto set my hand and seal this /7 1!i day of ~J k Lt1 , 1997. d~.z./v t: SARA E. SHAY ,)/ / ,/} -;/'L t.L/, '=" l. / _ / Signed, published and declared on the date thereof by the above- named SARA E. SHAY as and fo"- the sole Codicil to her Last Will and Testament dated January 24, 1996, in the presence of us, who, at her request, in her presence, and in the presence of each other, have subscribed our names as witnesses hereto. I Ct~ .'}~'lhJ~~- / /) C)"" .,,/ J . 'J ).1-- Residing at I! j? -II- ';-i\.-I/'J L......'/) v ,j \',1 f) " ~ // (I (J J.{ I /' f' /" Residing at 2- ''2- 't,.. (,{J It., -- 4...., c."---y 1(, // ,-- //l1/7<>1! 89757-1 4 CUMBERLAND COUNTY REGISTER OF WILLS OATH OF SUBSCRIBING WITNESS Estate of Sara E. Shay No. "f oZ r olCc17- ;;73< also known as , Deceased James D. Campbell, Jr. (each) a subscribing witness to the IZl codicil(s) IZl will(s) presented herewith, (each) duly qualified according to law depose(s) and say(s) that she/he/they was/were present and saw the above Testator(rix) sign the same and that she/he/they signed as a witness at the request of the Testator(rix) in her/his/their presence an@ in the presence of each other IZl in the presence of the other subscribing witness(es). Q I LA 7 / 222 Willow Avenue Camp Hill (Signature) PA 17011 (Address) (Signature) (Address) Sworn to or affirmed and subscribed "~ :-> before me this &J {)I day of , ;).('('/ ( 1..1/' /) 1 "." 1 1/,,' .-/ '/,",/ L~ "" 4~.1 l 0'1 v ''-.:l CJ CoJ (Signature and seal of Notary or other official qualified to administer oaths" Show date of expiration of Notary's commission") NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. RW-2 COMMONWCALJH OF PENNSYLVANIA NOTARIAL SEAL NANCY L. BRESKI, Notary Public Susquehanna Township, Dauphin County , ~~L~mmi~lon E~~~~~~ 16,2008