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HomeMy WebLinkAbout10-16-07 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Frances K. Sylvester also known as No. ~ \ 0 '1 Oqa~ , Deceased Social Security No. 145-16-5141 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE "A" OR "B" BELOW:) GJ A. Probate and Grant of Letters and aver that Petitioner(s) is/are the execut or Decedent, dated 8/16/1999 and codicil(s) dated named in the Last Will of the 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 incapacitated: o B. Grant of Letters of Administration (c.I.a., d.b.n.c.t.a: pendente lite, durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained the Decedent left no Will and was survived by the following spouse (if any) and heirs: Name Relationship (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence at 120 McCallister Church Road, Carlisle, PA 17015 (list street, number and municipality) Decedent, then 91 years of age, died AUQust 6 ,2007 ,at Bethany VillaQe Retirement Center (Location) Decedent at death owned property with estimated values as follows: (if domiciled in PAl All personal property.......................... .............. $ (if not domiciled in PAl Personal property in Pennsylvania .................... $ (If not domiciled in PAl Personal property in County.............................. $ Value of real estate in Pennsylvania ........................................................................................ $ Total..................... ........... ......... ............. ...... ....... .................... .................. ... ... ..... $ 117,179.83 117,179.83 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 grant of letters in the appropriate form to the undersigned: Typed or printed name and residence Arthur F. S Ivester I^/ (.) -< c /, RW-7 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 administer the estate 22 to ~ .' Sworn to and affirmed and subscribed , ;;:; ~ C2 " - I C:_'-:- ...,l before me this \ I...D day of I " c~t~~ C'. :-~,..J c' .J DECREE OF REGISTER Estate of Frances K. Svlvester Deceased No. ~ \ () l O~~ '1 also known as Social Security No: 145-16-5141 Date of Death: 8/6/2007 AND NOW, (jc~~..r It Q 'rl-D6I , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters IX) Testamentary 0 of Administration (c.I.a., d.b.n.c.l.; pendente lite; durante absentia; durante minoritate) are hereby granted to Arthur F. Sylvester in the above estate and that the instrument(s), if any, dated AUQust 16, 1999 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters .....JrJ.\1.<:1.:~~.~.... $ dlaO Short Certificate(s) .....S...... $ ~lo Renunciation .......................... $ Affidavit ( ) ....................... $ Extra Pages ( ).............. $ eodicil ...W.~.\\.................. $ IS , \--\ \0 l S- JCP Fee .....t........~.............. $ Inventory & Tax Forms............. $ Other ...................................... $ ~~R~,;:;.J~hu)\u~~rvJ>f /~J'4~y TOTAL ..............,...,..........$ .3ci'l9OO Attorney: Susan H. Confair I.D. No: 70241 Address: 2331 Market Street Camp Hill Telephone: (717) 763-1383 DATE FILED: PA 17011 RW-7A fIIO:'iKO:'\ R.EV (OJ/O!I 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 13745146 Certification Number ,~'\) This is to certify that the information here given 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. ~. ~"b,)..~~AU~ 8/2007 Local Registrar Date Issued -:: C-" :,:-, o C) en H105-143REV 1112006 TVPE f PAINT IN PERMANENT Bl..ACf(INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) ~\ o'lOqa 1. Name of Decedenl (fllSt, micIcIe, last, sufIb:) 5.1qe (WI_I CUmberland Bethany Village Retirement Center Twp 11. Oecedenfs. Usual KindofWolk Homemaker . 1.._' """""_(51.....dIyl_._. lip_I 120 McCallister Church Rd. . Carlisle, Pa 17015 12. Was Dtcedenl ever In the U.S. Armed Forces? Dy" IKlNo _r. 1r.ctual AlWdence 17a. Stale p,', CuntJerland 17b.C..mty Doo.....!lI>ecffY 10. RIce: l\merican \ndIafo, EYadl., 'MliMl, e\c. C~ 14. ~ Status~~ Married, 15. Surviving Spouse (n wife, rjve maiden name) Married Arthur Sylvester ~~nl 17C.~ Yes,Del:9denIUvedIn W. pennsooro To"""'~? 17d. D No, Iloc:edeoIlived_ ActuoJUmlIsol T"l'. C1ty16oro 2Oa. Infonnanrs Name [Type I Pr1nI) Arthur Sylvester 21.. Method of OispoJition DBurlelO__Sla18 o O1hor.!lI>ecffY :' 22a.S9*ture 19. MoIher's Name (first, midcIe, maiden surname) Klementine Klim 2(]b. I_r, Moilng-C5lroel. d1y1_,_. IIp_) 120 McCallister Church Rd. 21'......oI_CNamo01 oeme\ely,_"_""") Carlisle, PA 17015 21d. Locatian (Cltyl-,_, lip-I Carlisle, Pa 17013 18. Falher'e Name (FiIst. mickte, last, suffix) Unknown . ...... "-........."""'-"'r1Ifylng physIeianlsnolaV8lablealllmeofdealhto oenlly cause 01_. '"",2"26_bo~by,*"" whopronooocesdealh. -",,,-,,,,"'1, IIladnglohcau&ellledonlnea. _.... UNllERL'IlIIG CAUSE =-~~":...~1I1e . <<.No .eTA ~ t 1t~l7\... FA-\wt..L Oueto(orasa~ot): ".Awl!... ON (AW2.QlV\<- K..-Ic.1\IQY OI~€.ME.. DueIo(orasaconseqiJ8l'lC8of): 1'1\} w mO N I A . llJf.lOl""'CQfIHQUllf1Cllo/): ",f2L)..._ d. LL.W~ ~.v['I()1\) 3OIl. WasanAulopsy - 3lll. Were Au\OpSy Fnings Available Prior to Comp/6I1on of Cause 01 Dsath? 31.MIIMf1l'ofDeaIh ~ OHomIcide 0-' D PendmglnvestigB1Ion 0_ DCoolONotboDet........ ~. It FemaI&: o NoIpregnentwilhil""'year D "-'''limo'''..... o Notpregnent,buIpqgnanl_42cllyS .....'" o Not_~""'__nt43cllyS101"'" ......- o Unknown iI pregnent ....1I1e pes! year 32c. :;:: ~~ :ts;:;; Shet. F8cIory, 32g.loca\lol'lol\njuryIStr8Bl.,clty/\own,stale) M. 321. "T..- injw'f (Sped~) OOliver/OpenlIor OP""""lI" OP"",""n Olbe< . Spedty: S Dyes ~ Dyes ONo 32d Time 01 Injury 't; It i5 g l!5 ~ 330. C<lf1llier I""'" ""'" one) . CeftItylngpl1y1icianIPI\yIi<:ian<:orti!1Og""'..oI....._onoIhor_"'.pronounced.....and_odl1em23j To the bell of my knOwledge, deaItl occurred due to the cause(l) and ITIInfMlf It stIted.... _.... _............................ _......................_ , =~=~:=~:"~.:::::=o"...~~"""""'"........________m_m__ 0 . =='=IInd/OfInYesdgation,lnmyopinton,deethOCCurredtdthttlnle,dlte.andptace,andduttOtf1ecause(llandl'RlM8fUstBt8d.. 0 1~lllcll \I()I Disposition Permit No. {Moo\h, day, year) Me 4.3-0,'?-3. blo+- 34. Name and Amhss 01 Person Who Completed Cause 01 Oealh (Item 27) Type I Print 34 S"b T ,e.llV D \.oE f<A)PrQ (A1vlfJ HILl. pp, =1'0/1 JAM/WI LLS/sylvestfr. WI L. wpd August 13, 1999 LAST WILL AND TESTAMENT i~.2 {-- . .. ..1 OF {- ~, (~', FRANCES K. SYLVESTER ".. ) ---1 C") I, FRANCES K. SYLVESTER, of Carlisle, Cumberland County, Pennsylvania, being ofs~~nd and disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will and Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime heretofore made. 1. F AMIL Y. 1.1 Identification of Family. I declare that I am married to ARTHUR F. SYLVESTER. I have one child from a previous marriage whose name is DUANE F. JELINEK. 1.2 Definition of Family Terms. As used in this Will, the term "my Spouse" shall mean only ARTHUR F. SYLVESTER. As used in this Will, the terms "my Child" or "my Children" refers to all my natural Children. As used in this Will, the term "issue" refers to all lineal descendants of the indicated person of all generations, with the relationship of parent and child at each generation determined by the definition of "Children" set forth in this paragraph. 2. PAYMENT OF BURIAL EXPENSES AND DEBTS. I authorize my Executor to pay all the expenses of (1) a funeral or memorial service; (2) the interment of my remains, including the costs of a grave site, if necessary; and (3) the installation and inscription of a suitable marker at, and perpetual care of, the gravesite. I further direct my Executor to pay all of my debts that my Executor in his sole discretion may allow as claims against my estate. 3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY. 3.1 Disposition to Spouse. I give all of my tangible personal property of every kind and description, including, but not limited to, books, pictures, clothing, articles of household or personal use or adornment, household furnishings and effects, and automotive vehicles and their accessories, but excluding any money, evidences of indebtedness, documents of title, and securities and property used in connection with the operation of any trade or business, to my Spouse. 3.2 Alternative Disposition. If my Spouse does not survive me by more than sixty (60) days after the date of my death, and my Child survives me, I direct my Executor to ~~ ~Jr;~. FRANCES K. SYL VESTE I JAM/WI t.LS/sylvestfr. WI L. wpd August 13, 1999 divide my tangible personal property into two parts. The first part shall contain all items that my Executor determines, to be of no present or future value or use to my Child. The second part shall contain the balance ofthe property. My Executor shall dispose of the first part by sale, abandonment, destruction, or gift to any charity or person. The proceeds of any sale shall be added to my residuary estate. All property in the second part I give to my Child who survives me. 4. DISPOSITION OF RESIDUARY ESTATE. 4.1 Disposition to Spouse. All of the rest, residue and remainder ofthe property that I own at the time of my death, both real and personal, and of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estate"), I give outright and absolutely to my Spouse, ifhe survives me. 4.2 In the event my Spouse is not living on the sixtieth (60) day after the date of my death I leave all the rest, residue and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situate, to which I may be legally or equitably entitled at the time of my death (my "residuary estate") to my Child who survives me. 5. POWERS OF ADMINISTRATION. 5.1 Grant of Powers. My Executor, in the administration of my estate, (my "fiduciaries") shall have the powers and authorities set forth in this Article 5. These powers and authorities may be exercised by my Executor in their sole and absolute discretion, without the permission or order of any court. These powers shall be supplementary to those conferred by law, including, but not limited to, those set forth in Title 20, Chapter 33, of the Pennsylvania Consolidated Statutes. 5.2 Retention of Assets. My fiduciaries shall have the power to retain any or all property of my estate, however received and acquired, for so long as they deem appropriate. This power may be exercised even though the property may not be of the type authorized by law for investment, and even though the retention may leave a disproportionately large amount of the value of my estate invested in one type of property. 5.3 Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any property, of whatever nature, including real property, and wherever situated, that I may own at the time of my death, or that may come into my estate or into the trust corpus at or after my death. The sale, transfer, or conveyance may be by public or private sale, at such time, on such terms and conditions, including selling price and credit, in such manner, and for any reason that my fiduciaries deem appropriate, 2 ~>vU4 ~ ~~~ CES K. SYLVEST JAMIWIl:,LS/sylvestfr. WI L. wpd August 13, 1999 including, but not limited to, the purpose of obtaining net proceeds to be distributed to my residuary beneficiaries. 5.4 Investment. My fiduciaries shall have the power to invest and reinvest any property in my estate in preferred and common stocks, bonds, notes, common trust funds (including any managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases, mortgages on property wherever located, and, generally, in any property and in proportions of property as my fiduciaries deem advisable, even though the investments are not of the character or proportions authorized by applicable law for the investment of the funds. 5.5 Power to Borrow. My fiduciaries shall have the power to borrow money for any purpose, for any periods of time, and on any terms and conditions as they deem advisable (including the power to borrow from any corporate fiduciary), and to pledge, mortgage, or otherwise encumber any property in my estate to secure repayment of any loan, as well as the power to renew existing loans either as maker or endorser. 5.6 Power to Hold Property in Nominee Form. My fiduciaries shall have the power to hold any property in the name of a nominee or in bearer form. 5.7 Distribution in Cash or in Kind. My fiduciaries shall have the power to make distributions in cash or in kind, or partly in cash, in divided or undivided interests, as amended, or other applicable law, and to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary. 5.8 Distribution to Minors and Persons Under Disability. My fiduciaries shall have the power to make distributions or payments to or for the benefit of any beneficiary who is a minor, an incompetent, or who in the fiduciaries' judgment is incapacitated. The distributions or payments shall be made in anyone or more of the following ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses ofthe beneficiary; (3) to the guardian ofthe person or estate of the beneficiary; (4) to any custodial parent ofa minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, including to my fiduciaries in that capacity; or (6) to any other person who shall have the care and custody of the person of the beneficiary. There shall be no duty to see to the application of funds so paid, provided due care was exercised in the selection of the person to whom the funds were paid, and the receipt of the person shall be full acquittance of the fiduciaries. 5.9 Employment of Agents. My fiduciaries shall have the power to employ and pay the compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment counsel, accountants, bookkeepers, or other agents or providers of services as my fiduciaries deem advisable in the administration of my estate. 3 O<#~vU" K~~ FRANCES K. SYL VE ER JAMIWII;.LS/sylve6tfr. WI L. wpd August 13, 1999 5.10 Third Party Reliance. No person or corporation dealing with my Executor shall be required to see to the application of any property paid or delivered to my Executor, or to inquire into either the authority of my Executor to enter into any transaction or the expediency or propriety of any transaction entered into by my Executor. 6. PAYMENT OF DEATH TAXES. 6.1 Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable as a result of taxes assessed on property passing under this Will shall be paid from my residuary estate as a part of the expenses of the administration of the estate. 6.2 Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of my death, limited to taxes assessed on property passing under this Will, shall be paid out of my residuary estate and shall not be deducted or collected from any beneficiary under this Will or other transferee. 7. EXECUTOR. 7.1 Appointment. I name, constitute, and appoint my Spouse as Executor of my estate. If my Spouse shall not survive me, shall not serve as Executor for any reason, or shall cease to serve as Executor for any reason after appointment, DUANE F. JELINEK shall act as Executor in his place. 7.2 Bond Not Required. None of the individuals named in Paragraph 7.1 shall be required to furnish a bond for the faithful performance of his duties as Executor. 8. PRESUMPTION IN CASE OF SIMULTANEOUS DEATH. For the purposes of this Will, in determining whether a person has survived me or another person, (1) I shall be deemed to have predeceased my Spouse unless it unmistakably appears by proof that he survived me; and (2) in all other cases, a person shall not be deemed to have survived me or another person if he or she dies within sixty (60) days of my death or of the death of the other person. 9. I,IABILITY OF EXECUTOR. My Executor shall not at any time be liable for mistake oflaw or of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary under this Will, or to any other persons, except through actual fraud or willful misconduct on the part ofthe Executor. My Executor may, from time to time, consult with counsel with respect to the meaning, construction, and operation of this Will, particularly with respect to the appointments, allocations, and disbursements, and may act on the advice of counsel in all matters without incurring liability on account of his actions. 4 ~ /1~. r:::: C-e.-'\J n, II / /. ' i/ v F CES K. SYL VESTE JAMIWI tLS/sylvestfr. WI L. wpd August 13, 1999 10. INTERPRETATION. 10.1 Will Not Contractual. My Spouse and I are executing Wills at approximately the same time, in which each of us is the primary beneficiary of the Will of the other. These Wills are not being executed pursuant to any contract to make a Will or any contract not to revoke a Will. The Will of each of us is revocable at any time, whether before or after the death of the other Spouse, at the sole discretion ofthe Spouse making the Will. 10.2 Successors of Fiduciaries. All pronouns referring to an Executor or trustee and the terms "Executor" and "trustee" shall be construed to mean any person acting as my Executor, co-Executor, co-trustee, trustee, or administrator, as the case may be. 10.3 Number and Gender. If required by the context of this Will, singular language shall be construed as plural, plural language shall be construed as singular, and the gender of personal pronouns shall be construed as either masculine, feminine, or neuter. 10.4 Headings. All headings used in this Will to describe the contents of each article, paragraph, or other division are provided for convenience only and shall not be construed to be a part of this Will. 10.5 Governing Law. This Will shall be construed in conformity with the law of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, consisting of five (5) typewritten pages, the first four (4) of which bear my signature in the margin for the purpose ofidentification, this j c; day of ~ ~, ' 1999: ___ ~2'2 Ja}~ k 1:tIf~ FRANCES K. SYLVE ER, TESTATRIX Signed, sealed, published and declared by the above-named testatrix, FRANCES K. SYLVESTER, as and for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight and presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses. Address ~ Uo,vW ~o+ C""tS -\-l:&Q (+-J \ "Jail _ Address de:)? 77 fl/7~'''' ~Z---A~~~7- eM / /d~:5- "'7 -.~, //// b? /~/T 5 JAMIWIl:LS/sylvestfr. WI L. wpd August 13, 1999 COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I, FRANCES K. SYLVESTER, THE TESTATRIX, 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. SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY FRANCES K. SYLVESTER, THE TESTATRIX THIS It; DAYOF C~ ~. .,,199~ ,~-"->~ ~ ~~ FRANCES K. SYLVEST , TESTATRIX a-Rh;l~ f.6AL~ OTARYPUBLIC - COMMONWEALTH OF PENNSYLVANIA ) DeborahL.B~~=r::;~~otaryPubllc : S S. Camp Hili BolO, Cumberland County COUNTY OF CUMBERLAND ) My Commission ExpiresJune18,2002 Member, Pennsylvania Association of Notaries WE, ~ '-'-\~ f-\.. \....t'C~ AND /Ye-~c./~ /~L-~dt v/rz.., THE WITNESSES WHOSE NAMES ARE SIG~D TO THE FOREGOING INSTRUMENT, BEING DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND SAW THE AFORESAID TEST A TRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL AND TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED IT AS HER FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN EXPRESSED; THAT EACH OF US IN THE HEARING AND SIGHT OF THE TESTATRIX SIGNED THE WILL AS WITNESSES; AND THAT TO THE BEST OF OUR KNOWLEDGE THE TESTATRIX WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE. . ~ SW~RN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS \ U DAY OF ~ ,1999. - .... Notarial Sear Deborah L. Brenneman, Notary Public Camp Hili BOlO, Cumberland County My Commission Expires June 18, 2002 Member, Pennsylvania Association of Notarlea