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HomeMy WebLinkAbout10-01-07 PETITION FOR PROBATE and GRANT OF LETTERS ~ \ ()\ o~$ No. To: Register of Wills for the . Deceased. County of Cumber land in the Social Security No. 1 3 5 54 8554 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s). who )t(/are 18 years of age or older an the executr i ~ps in the last will of the above decedent. dated Ma v 29. 1 9 9 6 and codicil(s) dated Estate of .Tnn i th F' _ stanton also known as ~<) Q :3 " nat'fted ., -~ (~){. ~ L_ r- ~C,- CTl I c.;) ;'" - "- .J ( ) .' r-~ cor, -0 ~ (state relevant circumstances, e.g. renunciation, death of executor, etc.) ::u ,,-I ~ Coun~,Pams~vmDaprith Court, Mechanicsbttrq, 17055 PA Decendent was domiciled at death in Cumberland )1 PT last family or principal residence at 14 Briarwood (list street, number and muncipality) Decendent, then 7 3 years of age, died Ju 1 y 2 6, 200 7 ~Bx at 1'.1 ~ri::1lrU7t""\t""\n ('rmrt, Mp{"h~ni~~hnrg, P:Z\ 17nt:;t:; . 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: Decendent 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: \ '-'\ ~ R.\ AA..W<;olO '- T. Ra~ I pEW""^",- $ $ $ $ mc.-C.t1A...Jl~S P.>4A..b,?A .20,000."'", 11c<::.1O "'"/ I 0 I 00 o. ". WHEREFORE. petitioner(s) respectfully request(s) the probate of the last win and codic:il(s) pre;ented herewith and the grant of letters testementarv (testamentary; administration c.l.a.; administration d.b.n.c.t.a.) theron. C'~rli~lp, P:Z\ 17n1t:; @)~~~ 4003 Bittersweet Circle C'ollegpville, PA 19426 - '" ll" .. c " "0- .- '" "'- "t :8 c'::: .';:: ~~ ..... ~o os c CIll in ~~o~ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ~ ss COUNTY OF CUMBERLAND J 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 as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. sworn, to ~r affirmed../ and sub scribed { ~ ~ jiifO e i ~-L. day of -----'-- - - ~ ~> .~ ==~~~ i: i ~ ~ ~ No. /) I 0 7 0 ~~ 0 Estate of JUDITH F. STANTON , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW () Lk b-v I ;dJ? , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated maLI;;9 ~99& . . described therein be admitted to probate and flIed of record as tbe last will of JuotlY1r f"' S&~ and Lclten; W. '= ad are hereby granted to . . __AS' We fee I cv Anne S. Crau-J-kvd ~~~1rfi; ./ ...- of wn.. j2L"- ( /" FEES ~ Probate, Letters, Etc. ao'b(oW. .. $ dotal) ,.-- 0 eo Short Certificates(J 0) . . . . . :J.. .. $ rl. (,I ~AYRa51tHm .\)1 ~IL . . .. . .. ... $ I S- :Jcf .J. Au +u $ \ 5" 6~ TOTAL _ $ .)ID6V Joseph D. Buckley, Esquire #38444 ATTORNEY (Sup. Ct.. I.D. No.) 1237 Holly Pike, Carlisle, PA 17013 ADDRESS Filed (717) 249-2448 PHONE H105.905MS REV. 6/06 This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. /7 ~ Pd c:.-o --:, (J.-~ lf~L Calvin B. Johnson, M.D., M.P.H. Secretary of Health ~~te . ::D "U -cC) .--,1- )~I.~r.J /) /-_., Frank Yeropoli State Registrar 1194209 AUG ] 6 2007 No. a \ 61 O'6'1t H105-143 REV 1112006 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS TY~"AIJ:~N CORRECTED ITEM(S) :#3 CERTIFICATE OF DEATH /'I rINK PER: FD DATE:8-16-07rc (See Instructions and examples on reverse) ~. 1._al~(Arsl,_.Iast.sulIlx) Judith F. stanton 5. Age (Last Bir1hdoyI Under 1 . . ar ..... ":r-:;.. 73 v~. Bb. Coooty aI Dealh CUmberland 14 Briarwood Court 12. w.. Decode" ever"'" 13. Decedem. Education (Spec;ly Only t;ghesl grade_ U.S. AImed F""",' E_ry / SecondaJy (0-121 CoIege (H or 5->) o Ves [1lNo 5 11. DtcedenfsUsulll KindalWorl< Teacher 16._' MalIIng_I-'cily/_._. zipcodel 14 BriarlNOOd Court Mechanicsburg, PA 17055 ,...~ '--' c:...? ....... a n -I I , , ( ) ~l-l -0 =a: N W OOlher'Spec;ly' 10. Race: American Indian, Black, White, etc. ~te ~~ 17a.$ate Pennsylvania 11b. Coooty CUmber land ~ ~ 17c. ~ Yet, ~Uved" Silver Scrincr TownaI1~' 17d.O No, ~ Uved_ _linIlsal Cly 1 Boro Ferris Jr. 19. MoIher's Name (Rrst. midlJe, maiden surname) Dolores Emise 20>. _. MalIIngAddrasa 1_. city 1_. _. zip code) 129 Ri e Road Carlisle 21c. PlacealDlsposilion (Nameal_._or_place) ~ ~ Mechanic TW!>. PA 230. Dale Slt1lOd (MonlI1. day, year) ..... 14-26.... be _ by penon 24. T1me aI Ooalh 25. 0oIo """"""'"' Dood (Month. day. yes~ ""'plOI1OU1C8S- 3:40 PM. July 26, 2007 CAUSE OF 0EA1ll (SM _ _.......,...) Ilsm Zl. Pan I, emo.... obIiUIlmIdI- _, ....., or ~ -1haI diadIy cauesd... _. DO NOT...._ """ _ es canIac anast. __anast.or___showIng..._.Uslonlyont...."'_h. ~k1teIva" Onset to DeaIh Part II; EnterOlherlianlflcanllXlnlillon&conIriJutinl:ItodMlh WnolO8Sllllrll ""'undallyilg'*""gMIn" Pant 26. Was Case Refened to MIdcal Examiner I Coroner for 8 Reason Other than Cntmation or Donation? o Yet IlC No ~~=)~ ..~~ J/~~~hJ Due orlSa of); /t,~ ~~t~ ~~~ 4m~~ ~1sI_.H"'f. to CIUIt IiIIed on me a. EnIor _Y1NG CAUSE =:e~m~~ b. Due to lor.. a consoquonce 01)' c. Due to (Of as a consequence of): 3Oa.l'faaanAulopsy - d. 311>. __ FftIngs __to~ aI Cause aI IJeaIh? 31.MameralDealh ijjI_.. D- O- 0_"-' 0- OCouldNolbeDeOamlined M. I ~ I 321. HT_1rjury(Specily) o Driver/Operator 0 Passanger 0- 0ltIe<-Specify. 33a 0srllfIer 1_ only ontl 331>. sq,a... and To . =::.~..:'.:::=:.."':'..."':=i.::':~~_~~~~~____m___mm_ ~ ~ . =':~"=".=::::,,:::nv....~=toto-==_.lIalocLm____m____m 0 33c.Uconse ==-=..../or~lnmyoplnlon,__a1...__....~....dueto...cauoo(.)...._.1IalocL 0 32u.Loealionallnjuly(_.,*!I_,_) OYet ~No DYes ONo 32d. T1me aI Injury 1...<.1 DOposillonPennilNo. 28. Did TcbaccoiContrl:lute to Death? o Yet "'-Y o No 0 lJrOr-. 2U_ o NoI_wilh"past_ o I'lsgnanI at time aI_ o NoI_W_wilhin42days ai_ D NoI_.WplOgI18I1I43daystol_ boIonl_ o UrOnownH__lhepastyesr 32<:. Place aI hVY' Horns. _, -. Fadory. OlIiceBuidlng,stc.(Specily) LAST WILL AND TESTAMENT OF JUDITH F. STANTON ~, \)""\ 0 C~ I I, Judith F. Stanton, domiciled and resident in 14 Briarwood Court, Township of Silver Springs, County of Cumberland, Commonwealth of Pennsylvania, declare that this document is my will and revoke all my previous wills and codicils. I. IDENTIFICATIONS AND DEFINITIONS I am married to John M. Stanton ("my husband"). I have five (5) children, John Martin Stanton, Jr., Anne S. Crawford, Kathleen S. Wetzel, James T. Stanton and Peter D. Stanton they are referred to in the Will as "my children". II. PAYMENT OF EXPENSES, DEBTS ,AND TAXES I direct my executor to pay medical, funeral, and administrative expenses and all taxes payable by reason of my death, before any division of my estate. My executor shall not attempt to have any part of such taxes apportioned among the recipients of property includible in determining the amount of such taxes. Proceeds on insurance on my life up to the maximum allowable as an exemption from Pennsylvania Inheritance Tax and distributions from pension and profit sharing plans exempt from federal estate tax, all of which are payable to my Trustee or any beneficiary (other than my estate), shall not be used to pay debts, taxes, expenses of administration or other charges against my estates. m. SPOUSE SURVIVING If my husband survives me, I devise, bequeath, and appoint to hiIt!~l prope~ which I own, or over which I have a testamentary power of appointment.-- =.:; C) C-, _._..iI IV. SPOUSE FAILING TO SURVIVE -::J If my husband does not survive me, I dispose of my property as fo~s: - .j J:;" f'..) W N Tangible Personal Property: I give my tangible personal property in equal shares to my children who survive me, to be divided among them as they shall agree; if they fail to reach agreement within sixty (60) days of my death, this tangible personal property shall be divided among my children as my executor determines appropriate, in shares of substantially equal value. I recommend, but do not require, j that all such items of tangible personalty be appraised and that the children select in rotation items at the appraised value, the order of choice to be determined by lot. Residue: I give all other property which I own or over which I have . a testamentary power of appointment, to and for the benefit of my issue who survive me, as follows: To each who has attained the age of twenty-five (25) years, the share which he would take if all such property then were being distributed to my issue who survive me, per stirpes. To my Trustee hereinafter named, the balance of such property, to be held, administered and distributed as provided in the article of this Will entitled TRUST FOR ISSUE. V. TRUST FOR ISSUE This trust is established for the benefit of my issue from time to time living who have not attained the age of twenty-five (25) years and who do not have a parent who received either a part of the residue at my death under Article IV or a portion of the corpus of this trust subsequently at age twenty-five (25) years. Income: The net income shall be accumulated and thereafter treated as corpus. Corpus: From the corpus of the trust, the Trustee shall pay from time to time or for the benefit of such one or more beneficiaries such variable amounts (even to the exhaustion of the trust) as are appropriate, in the discretion of the Trustee, for support and care where the beneficiary is not self-supporting through no fault of his own, for education (defined as four years of college, or equivalent preparation in business, technical or trade training) if the beneficiary strives therefor in good faith, and for extraordinary requirements occasioned by illness or other misfortune. Amounts of corpus so distributed shall not be taken into account in making division of the trust when a beneficiary attains the age for distribution to him provided in the next four paragraphs. It is my expectation and intention that if guardians of the person are appointed for a minor child, the Trustee will exercise the foregoing power in order to supply funds to the guardians adequate to maintain and support the minor child and to protect the guardians, to the extent possible, form suffering any significant financial burden by reason of their appointment. When each beneficiary attains the age of twenty-five (25) years, the Trustee shall pay to him the share to which he would be entitled t I if the then existing trust fund were distributed to my issue then living, per stirpes, on the hypothesis that my only issue then living are such beneficiary and all younger beneficiaries of this Trust. This trust shall terminate when the youngest beneficiary attains the age of twenty-five (25) years. If this last beneficiary dies before attaining that age, then upon his death Trustee shall distribute the fund to my issue, then living, per stirpes. If, at the end of my accounting period, the current market value of the corpus of the trust does not exceed Five thousand ($5,000.00) dollars, the corpus shall forthwith be paid to the beneficiaries of the trust then living, per stirpes (my children to be the stocks); provided that if a distributee is a minor under the Revised Uniform Gifts to Minors Act as that Act exists at the execution of this Will and, fOT the purpose, that Act is incorporated by reference. If this trust is still in existence on the date that is twenty-one (21) years after the death of the last to die of my issue living at my death, Trustee shall divide the fund, per stirpes, among the then beneficiaries of the trust (my children to be the stocks). The share of each beneficiary shall be paid to him, provided the Trustee shall hold, administer the share of any distributee who then is a minor as Custodian in accordance with the provision in the last preceding paragraph. VI. FIDUCIARIES Executor: I nominate and appoint my daughters Kathleen and Anne as co- executrices of this Will to serve without bond. If either does not survive me, declines to act, or having qualified, resigns, dies, or is removed, I nominate the other to serve without bond. Trustee: I nominate Kathleen as Trustee. My Trustee shall not be required to file an inventory or accountings with the Clerk or the Court having jurisdiction over this Will. I direct that she receive as compensation for her services as. Trustee such amounts as is customarily charged by trust departments of local banks for similar services at the time those services are performed. Powers: I give my fiduciaries, including successor fiduciaries, all the powers contained in Chapter 71 of the Pennsylvania Probate, Estates and Fiduciaries Code at the time of the execution of this Will, and those powers are incorporated by reference. VII MISCELLANE01) S Survival Defined: No person shall be deemed to have survived me or to be living at my death ifhe shall die within thirty (30) days after my death. Issue Defined' The term issue means all my lineal descendants, immediate and remote, living on the date the persons who comprise that class must be ascertamed. When distribution is to issue, per stirpes, distribution shall be by right of representation, my children to be the stocks. Adoption' Where a person has been adopted prior to attaining the age of eighteen (18) years, such person shall be treated for all purposes of this will as the natural child of the adopting parents. No Implied Contract' This will is being executed on the same date as is the will of my husband; but in no event shall our wills be considered joint or mutual, it being our express intention that the survivor shall in no way be restricted in the use, management, enjoyment, or disposition of his separate estate or property received under the other's will. Ultimate Takers' If, at any time, there is no one to take under the terms of this will or trust described in Article V, my fiduciary shall pay over half the fund to those persons who would take my estate if I had then died intestate, unmarried, domiciled in Pennsylvania, under the laws of Pennsylvania then in effect, the shares and proportions to be determined by said laws, and the balance to those persons who would take my husband's estate if he had then died intestate, unmarried, domiciled in Pennsylvania under the laws of Pennsylvania then in effect, the shares and proportions to be determined by said laws. Living Will' In the unfortunate event that I should by reason of physical or mental disability, become unable to take part in decisions for my own future by virtue of what is commonly referred to as "brain dead" or imminent death, I order and direct that, where there is no reasonable expectation of my recovery from physical or mental disability, I be permitted to die and that I not be kept alive by artificial means. It is my express desire that I not be permitted to suffer the indignities of deterioration, dependence and hopeless pain and that, therefore medication be mercifully administered to me only to alleviate my suffering even though this may hasten the moment of death. In testimony of which I now sign this will, in the presence of witnesses whose names will appear below, and request that they witness my signature and attest to the execution of this will, this 29th day of May, 1996 at Carlisle, Cumberland County, Pennsylvania. ~1-\k~'S\mhn ITHF. STANTON Judith F. Stanton, in our presence, signed this instrument. Before she signed it, she declared to us that it was her will and requested that we act as witnesses to its execution. We believe her to be of sound mind, possessing testamentary capacity, and not subject to undue influence, fraud, or coercion. We now, in her presence, and in the presence of each other, sign below as witnesses, all on this 29th day of May, .1996, at Carlisle, Cumberland County, Pennsylvania. ~ ~. . residing at 1"7.J7/J//y J!,XE O!k-h')Lt-, ,//'#;/ 7~ residing at //4 ~ 9~ (~~j g /;10(:7 COMMONWEALTH OF PENNSYL VANIA : S5 COUNTYOFCUMrnERLAND We, Joseph D. Buckley and Margaret Senft, 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 testator sign and execute the instrument as Her Last Will: that Judith F. Stanton signed willingly and 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 eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by Joseph D. Buckley and Margaret Senft, witnesses, this 2~' d~, '111 Ml aAP/ DI~ ~~J!J!;~ j Notary pubr NotARIAL SEAL . KAREN 1<. BUCKLEY. Notary Public Carlisle. Cumberland County My Commission Expires June 23._1:~1 ~_."A_.'--"""""""--';"--