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HomeMy WebLinkAbout11-13-07 PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Estate of Sara Wolfe Hildebrand FileNo. ~\ 6\. laY; also known as late of the Borough of Camp Hill, Cumberland County, Pennsylvania , Deceased Social Security Number 195-32-1526 Petitioners, who are 18 years of age or older, apply for: COMPLETE 'A' OR 'B' BELOW:) [8J A. Probate and Grant of Letters Testamentary and aver that Petitioners are the executors named in the Last Will of the Decedent, dated July 24,2000 and codicil(s) dated N/A (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 instruments 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.: pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search haslhave ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and compete list of heirs. Name Relationship Residence : (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 646 Arlington Road, Camo Hill. Cumberland County. Pennsylvania 17011 (list street, number and municipality) 91 years of age, died on October 31. 2007 ~- J Decedent, then , at Harrisburg Hospital. Harrisburg. Dauphin County. Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in P A) 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 xx $ "It!'~, $ $ $ ':190, ~a 0, x. x , situated as follows: Wherefore, Petitioners respectfully request the probate of the last Will and Codicil(s) presented with this Petition and the grant ofletters in the appropriate form to the undersigned: Typed or printed name and residence James B. Wolfe 50 Strathmore Drive, Mechanicsbur , P A 17050 Barbara E. Berkheiser Form RW-02 rev. 10.13.06 Page 1 of2 .-.j Oath of Personal Representative Commonwealth of Pennsylvania SS County of Cumberland "'':i The Petitioners above-named swear and 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, petiti(;joer will well and truly administer the estate according to law. Sworn to and affirmed and subscribed . ~ CS , sonal Representativ. before me this ~ day of Signature of Personal Representative \\jD\)e<i~~ ,2007. ~~ Signature of Personal Representative File Number: d\ C)'I ~ OS:~- Estate of Sara Wolfe Hildebrand , Deceased Social Security No.: 195-32-1526 Date of Death October 31, 2007 AND NOW, ~()~~ '\~ 2007 . in consideration of the foregoing Petition, having been presented before me, IT IS DECREED that Letters are hereby granted to James B. Wolfe and Barbara E. Berkheiser Testamentary in the above estate and that the instrument (s) dated July 24.2000 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters. . . . . . . .~l\,.o;:Q. . . . $ Short Certificate(s) . . . .5. . . . . . . $ Renunciation. . . . . . . . . . . . . . . . .. $ ~)~ $ ...:)L ~ ~ ~ -To $ $ $ $ $ $ $ TOTAL. . . . . . . . . . . . . . . . . . $ '~\D .;),D ~~~~~ Register of Wills ~ Attorney Signature f,.o]A #l t8..u1A \'S. )~ Attorney Name Peter 1. Ressler, Esquire Supreme Court I.D. No.: 06844 3loo Telephone: 3401 North Front Street P.O. Box 5950 Harrisburg, P A 1711 0-0950 717-232-5000 Address: 48l1illg9fW2 rev. /0.13.06 Page 2 of2 HlllS.SO.::; REV IOI/O!1 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 13823576 Certification Number ~ ..l.~ SheLL.L~~'~ Me.rlLjo..\i6w 4r ~.x 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. w~ R:=i{~ Local Registrar" .:, 11/0;; /OJ Date Issued c.: j""<.) i"0 H105-143 REV 11/2006"" TYPE I PRINT IN PERMANENT BlACK INK COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH (See Instructions and examples on reverse) STATE FilE NUMBER o \1l 00 .. 'i ~'Y"'}'I CAUSE OF OEA See InatrucUon.. and examples) 118m 27. Part I: Entellhe ~J!Lmnt:,j - diseases, lntuneS, or Complications -lt1al directly caused the death. 00 NOT enter terminal evllflls such as carciac auesl, "....'''''''''..'''''''"''..,.....''''''.'hou'_''9!he_Y.UstooJy''''':..cause''''_~ _TEC'USEIF,,,,'_"'''' ~ .( -''''''''9 in_I __ a. ~ ~ Due 10 (or as a consequence 01): . ~t~~'~~~a En:::t: UNDERlYIHG CAUSE ~=~':~lltl1';:lm~ 7 Due to (or as a consequence of): Due 10 (or as 11 consequence 01)' .. 3Oa. Was an Autopsy Perlormed? JOb Were Autopsy FiOOO'lgs AVallablePriwto~ltOrl oICatJse 01 Death? 31. MannerofDealt1 o Natural 0 Homicide D AcCident 0 Pending Investigalion o SUICide 0 Could Nol be Deteffillned 32a.Daleollfliury(Month,day,year) DY" ~o Dyes DNo 32d. TIfTI6 01 Injury M ! o ! 33a Certilier (checll only one) Certifying physician IPhYSlClan certltying cause 01 dealh when another physiciafl has pronounced death and completed Item 23) To Ibt belt of my knoMe4gt, dtatb~untd dutlothtcaul8(l).nd manneI.. natecL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 ~~=~:t~ =~J:a~-::::':~ :;:;:~:~;~:~rl:~i:~:~:~~a: mannel as stated.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0 ~:'a1~::;~n:~~: and I 01 inveltiglllion, in my OpinKln, death occUl'red at the time, dale, and place, and due to'" c:au"(I) and manner as IlwtecL D 19l.1 .ll~'d 11)..1 0'_"_0.._"". 66lD.1 qo.t;"" t!- Aile .J Twp Cdy I Boro 26. Was Case Referred to Medical Examiner I Coroner lor ill Reason Other lhan Cremation or OonaIiQo? DYe, ~ Approximate interval: Oosel to Death Par1ltEnterolher~condiIionscontributinolodealh, bulno1resultingin!tleoodeflyingcause~iflPattl 28. Did Tobacco Use ContribuIe 10 0eaIh? DYes DP- DNo DlJol<nown 29. II Female O1'tP~wilhlnpaslye&r o Pregnantalbmeoldeath D Not p1egnant but p1&gli11t WlIhln <42 d.l~'s d- O Notpl~l.butpregnant43dayslol)'ti1 beloredea&h o lJokno'Nf'litpreg'lanlwlU'llnll1epasl~eit 32c =:~: :"7~j Slfeel, FacIOI) 321. If Transportation ~ (Sp9ci/y) o Driver I OpeJalor 0 Passengel OPedeslnan OIner. Specify: :S~~r 33c. license NL.Wnber 1"1 \) 06~ 32g. Locatioool Injury lSreet, cily I town, state) Plf (7 CJ ( ( 14us1 lIill uu~ Wts1umtu1 OF SARA WOLFE HILDEBRAND I, SARA WOLFE HILDEBRAND, of the Borough of Camp Hill, Cumberland County, Pennsylvania, declare this to be my last Will, hereby revoking all prior wills and codicils. FIRST: funeral shall be paid from my estate. The expenses of my last illness and THIRD: I hereby give and bequeath, absolutely and in fee simple, to my spouse, W. E. HILDEBRAND, all my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment, provided that if my spouse dies before the thirtieth (30th) day following the day of my death, this gift shall lapse or be divested and I make said bequest equally to my children, JAMES B. WOLFE and BARBARA BERKHEISER, if living at the time of my death, to be divided between them as they shall agree. If they cannot agree for any reason, my Executor shall make the decision and that decision shall be final. FOURTH: The gift to my spouse in this Item is intended to give my estate the marital deduction effective under the Internal Revenue Code to reduce Federal estate tax. Any provisions in this Will which conflict Page 1 S'e,# with or fail of this intention shall be so reconciled or amplified as to accomplish this objective. Ifmy spouse, W. E. HILDEBRAND, survives me, I direct that my Trustees, hereinafter named, hold, IN TRUST, an amount free of all taxes equal to the maximum marital deduction allowable to my estate for Federal estate tax purposes, reduced by the aggregate marital deduction allowable for Federal estate tax purposes for other property or interests that pass or shall have passed to my spouse otherwise than under this clause and that qualify for the said marital deduction; and further reduced by an amount, if any, needed to increase my taxable estate to the largest amount that after allowing for the unified credit and state death tax credit (provided the use of this credit does not require an increase in state death taxes) available to my estate, will result in no Federal estate tax, and pay the net income therefrom, beginning at my death, not less frequently than quarterly to my spouse for life. All income accrued but not paid to my spouse on the date of my spouse's death shall be paid by Trustee to my spouse's estate. My Trustee shall pay to his personal representatives from any unappointed principal the difference between all taxes, interest and penalties which they must pay by reason of his death and those which would be payable by them if such un appointed principal were not taxable in his estate and shall add the balance of such unappointed principal to my residuary Trust. FIFTH: I give and devise the residue of my estate, real and personal, to my Trustee hereinafter named, IN TRUST, as follows: (a) The net income therefrom shall be paid to my spouse, W. E. HILDEBRAND, for life. Page 2 SE-Jf (b) Upon the death of the survivor of myself and my spouse, the principal shall be divided into two equal shares, and one share shall be paid to my two children: (i) My daughter, BARBARA E. BERKHEISER, if living; (iii) My son, JAMES B. WOLFE, if living. (c) If either of my above-named children predeceases me, his or her share shall be further divided equally among their issue, per stirpes. The share for any issue of my children shall be held, IN TRUST, and administered as follows: (i) The net income from one sub-share may, in the absolute and sole discretion of Trustee, be paid to or accumulated on behalf of each of my grandchildren until they attain the age of twenty-one (21) years, at which time the income shall be paid to each grandchild for life, provided however, that each such grandchild shall have the right to withdraw one-third (1/3) of his or her share of the principal and accumulated income when he or she shall attain the age of twenty-five (25) years, one-half (1f2) of his or her remaining share of the principal and accumulated income when he or she shall attain the age of thirty (30) years, and the remaining balance of his or her share of the principal and accumulated income when he or she shall attain the age of thirty-five (35) years. The rights of withdrawal may be exercised from time to time in whole or in part and the said rights of withdrawal shall be cumulative. (ii) Any sub-share of a grandchild who dies before receiving outright the principal of his sub-share, shall be distributed equally among his brothers and sisters to be added to that child's sub-share, or distributed outright, Page 3 S <1_ +I as the case may be. If the deceased grandchild has no brothers or sisters surviving him, his sub-share shall be distributed to my other heirs set forth in this Will in the same order of distribution. (d) If either of my above-named children dies without issue surviving, his or her share shall be paid to my surviving child or that child's issue, per stirpes, as the case may be. SIXTH: Trustee may use principal of the trust under Item FOURTH hereof (Marital Deduction Trust) only for the benefit of my spouse. With the foregoing exception my Trustee may use principal from the trust under Item FIFTH hereof(Residue Trust) only for the benefit of my spouse during her lifetime, and after my spouse's death, if there is a trust for my grandchildren, for the benefit of those grandchildren as that Trustee deems necessary: (a) To meet the expense of any accident, illness or other emergency befalling any of them; (b) For maintenance, support and education (including college and graduate school); (c) To pay funeral expenses, including the cost of a grave marker and perpetual care of the grave. Any principal used for the benefit of my issue shall be charged as an advancement from his or her family's share of the trust. Further, any invasion on behalf Page 4 S'Cf::! of any issue cannot exceed the amount that would be allocated to his or her family's share of such trust. Notwithstanding the foregoing, the power to consume, invade or appropriate property for the benefit of my spouse and issue shall be limited by ascertainable standard relating to health, education, support or maintenance within the meaning of subparagraph (a) of Section 2041(b)(1) ofthe Internal Revenue Code of 1954 or any similar provision which may be in effect at the time of my death so that such power will not constitute a general power of appointment. SEVENTH: I appoint my Trustee as Guardian to hold for minors all property payable by law to a guardian appointed by my Will and use the same for the minor's maintenance and education, either directly or by payment to any person selected to disburse it, whose receipt shall be a complete acquittance therefor. All unexpended income and principal shall be paid to the minor at majority. For purposes of this Will, majority shall be construed to be when the individual attains the age of twenty-one (21) years. EIGHTH: No provision of this Will is intended to exercise any power of appointment, including any power of appointment granted to me by my spouse's estate planning or other documents. NINTH: All taxes, interest and penalties thereon payable by reason of my death with respect to property comprising my gross estate, whether or not passing under this Will, shall be paid from the principal of my residuary estate, provided however, that funds of my Trust created herein may be used to pay taxes, interest and penalties attributed to such trust assets. Page 5 se,/J TENTH: No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation, and the personal receipt of such beneficiary shall be the sufficient and only discharge of my Executor and Trustee unless otherwise provided herein. ELEVENTH: In addition to powers given them by law, my Executor and Trustee and their successors and any guardian acting hereunder shall have the following discretionary powers applicable to all real and personal property held by them, effective without court order and until actual distribution: (a) To retain all property received by them including the stock of any corporate fiduciary acting hereunder, provided such property remains productive; (b) To invest in all forms of property without restriction to investments authorized to fiduciaries, so long as such investments are productive; (c) To join in any incorporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors; (d) To compromise controversies; (e) To exchange or sell for cash, property or credit, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of the trusts hereunder, without liability on the purchasers or lessees to see to application of the Page 6 Se.ff consideration, and to give options for these purposes without obligation to repudiate them in favor of a higher offer; (D With respect to my residuary trust under Item FIFTH hereof, to allocate items of receipt or disbursement between income and principal as they deem equitable regardless of the character given such items by law; (g) To apply income or principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by reason of age, illness or any infirmity or incapacity, or to pay the same to such person as they select to disburse it, whose receipt shall be a complete acquittance therefor, without the intervention of any guardian; (h) To borrow money, including the right to borrow from any corporate fiduciary acting hereunder, and mortgage or pledge as security; (i) To hold investments in the name of a nominee; (j) To distribute in cash or kind or partly in each at valuations fixed by them; (k) To assume continuance of the status of any beneficiary with reference to marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liability for disbursements made on such assumption; (1) To elect to value my gross estate for Federal estate tax purposes as of the date of my death or as of the alternate valuation date as allowed for such purposes, Page 7 serf and to claim as income tax deductions expenses that would otherwise qualify as estate tax deductions and other elections allowable under law; (m) Except to the extent necessary in order that the trust under Item FOURTH hereof qualify for the marital deduction allowable under the Internal Revenue Code, it shall not be necessary to segregate investments as belonging to a particular trust or share therein and all interests may be held in undivided form in a single fund from which proportionate distributions are made based on current reappraisals; (n) To merge any similar trust established by my spouse where the terms of the same are identical; (0) To make income or principal distributions during the course of administration of my estate or trusts created hereunder; (p) In the event that I am the beneficiary of a qualified terminal interest trust and the same is taxable in my estate, I direct that my Executor shall seek reimbursement from said trust for all taxes due by my estate because of the inclusion of such trust in my estate, said computation of taxes due to be computed by taking taxes owed by my estate and such property included therein as compared to the taxes my estate would owe in the event said property were not taxable in my estate; and (q) To undertake any and all acts deemed necessary and proper by it for the proper and advantageous management of any trust and the settlement of my estate. TWELFTH: No fiduciary who is a beneficiary of my residuary trust created in Item FIFTH hereof shall participate in the exercise of any Page 8 SeN discretionary power to use the principal thereof for the benefit of any person or to apportion or allocate items of charge or credit between principal and income of such trust. THIRTEENTH: Any person, other than my spouse, who shall have died within thirty (30) days of my death, shall be deemed to have predeceased me. Ifmy spouse and I die simultaneously, or under such circumstances that the order of our deaths cannot be established by proof, my spouse shall be deemed to have survived me. Any person (other than myself) who shall have died at the same time as any then recipient of income, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased such beneficiary. FOURTEENTH: I appoint my daughter, BARBARA E. BERKHEISER, and my son, JAMES B. WOLFE, as Co-Executors (herein referred to as my "Executor") of and as Trustees under this my Will. In the event either my said daughter or my said son cannot act or continue to act as Executor and/or Trustee for any reason, the other may continue to act alone in that capacity. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. FIFTEENTH: My Corporate Fiduciary, if any, shall receive compensation for the performance of its functions hereunder in accordance with its Schedule of Fees in effect from time to time during the period over which its services are performed; provided, however, that if any Corporate Fiduciary shall act in a co-fiduciary Page 9 Sef.f capacity, its schedule of fees shall be apportioned among all fiduciaries in relationship to the services that each fiduciary provides. IN WITNESS WHEREOF, I have hereunto set my hand and seal this !1Lf./l1 day ~/ ,2000, to this and the preceding nine (9) pages, and I have also plated rfy initials on each preceding page for better identification and greater security. .~~~~~ (SEAL) SARA WOLF HILDEBRAND SIGNED, SEALED, PUBLISHED and DECLARED by the above-named Testatrix, SARA WOLFE HILDEBRAND, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses: { l,<l \. .,-: ~ " ( J4:"~) Residingat'S^")..-SO -~~~C '\Jl\..~~ M \ Cs ;:5 ~ <-2 V-J ~J Residing at tc? 5- .:Jlcf~a In! k--!:U-'ll() --f!fd1 a ;)1.l[i,dLt{ ../^7fJ PR- # 1...1 i7055'- (0)5/0 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF 0.~ I, SARA WOLFE HILDEBRAND, Testatrix, whose name is signed to the attached or 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. s1;::o~~~ (SEAL) Sworn to and subscribed before me this ~ day Of~, 2000. yJ/ 0. ~1 " '~ /- ~ l" ~ ./kA " ?5f Not ublic "-"'"1 Notarial Seal ' Linda J. Olsen, Notary Public i Susquehanna Twp., Dauphin County J My Commission Expires Sept. 8, 2000 Member, Pennsylvania Association of Notaries My Commission Expires: (SEAL) AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF (J d~~_~ : SS. We, r-:;~,,~-; 15 t(~ / (A. , and ~~(/f~t' jJ i' 6'tfq.flti64~~itnesses whose names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were present and saw Testatrix, SARA WOLFE HILDEBRAND, sign and execute the instrument as her Last Will and Testament; that Testatrix signed willingly and that she executed said Will 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 Witness; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. *2MWl,r1 AMkku Witness Sworn to and subscribed before me this cl/I day of n ' 2000. ,t~ '" ublic (SEAL) Notarial Seal Linda J. Olsen, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Sept. 8, 2000 Psnnsylvania Association of Notaries My Commission Expires: :222567 _1