HomeMy WebLinkAbout11-20-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Estate of MARY B. STUART
also known as Mary Wood Stuart
File Number
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, Deceased
Social Security Number 156-18-6899
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
IZI A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor
last Will ofthe Decedent dated January 19, 1998 and codicil(s) dated
named in 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 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
(lfapplicable, enter: c.t.a.: d.b.n.c.t.a.: pendente lite: durante absentia: durante minoritate)
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) alt'U1eirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list ofheirs.) >2 gg
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Decedent was domiciled at death in Carlisle, Cumberland County, Pennsylvania with his / her last principal residence at
Thornwalt Home, 442 Walnut Bottom Road, Carlisle, Pennsvlvania 17013
(List street address, town/city, township, county, state, zip code)
Decedent, then 83
years of age, died on October 20, 2007
at Carlisle, Cumberland County, Pennsylvania
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) 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
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$
$
$
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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:
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Ty ed or rinted name and residence
Richard D. Stuart, 1394 Creek Road, Boiling Springs, P A 17007
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEAL TH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
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 beliefofPetitioner(s) and that, as personal representative(s) ofthe Decedent, Petitioner(s) will well and truly
administer the estate according to law./
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Sworn to or affirmed and subscribed ~
before me the
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day of
Estate of MARY B. STUART
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Date of Death: October 20, 2007 .,.
Signature of Personal Representative
File Number:
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Social Security Number: 156-18-6899
, in consideration of the foregoing Petition, satisfactory proof
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AND NOW,
having been presented before me, IT IS DECREED that Letters
are hereby granted to Richard D. Stuart
Testamentary
in the above estate
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and that the instrument(s) dated
described in the Petition be admitted to probate and filed ofrec d as the last Will (and Codicil(s)) of Decedent.
L'tt,,,Jro.~,, $ Sib ,aQmL ~:rmsb ~
Short Certificate(s) , . .~. . . $ )~ Attorney Signature: ~~_<~ ~" ,
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Supreme Court J.D. No.: 27742
Address:
26 West High Street
Carlisle, PA 17013
Telephone:
717 -243-6222
Form RW-02 rev, 10.13.06
Page 2 of2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
'ee for this certificate. $6.00
P 13746093
Certification Number
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This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
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TYPE I PRINT IN
PERMANENT
BLACK INK
COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
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Sb. County of [teath
I.Name~_IA""_.Iasl,_J
Ma B. Stuart
5. Ago (WI_I
6. Dale oJ Birth (Month. day, year)
8/27/1924
Carlisle, PA
8<1. F_ Name IU "'" -.li'O _ and """"l
Cumberland
Thornwald Hare
11.Decedenl'slJ$ual
""'of Work
Hanernaker
molt 01 RfI. Do not state
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Her own hare
12. Was Decedent ever In the
U.S. Armed Forces?
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Oct. 20, 2007
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10. Race: American Indian, Black, WhIte, etc.
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White
14. :~~~~ Marrlttd, 15. SuMving Spouse (It wlle,!jve maiden name)
Ma=ied Richard D. Stuart
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Richard D.
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19. Mother's Name (First, middle, maiden surname)
Grace Freeburn
2(1). Inlormanl's Mailing Address (Street, city I town, state, zip code)
1394 Creek Rd., Boilin
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s, PA 17007
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I, MARY WOOD STUART, of 1394 Creek Road, Boiling Springs,
Cumberland County, Pennsylvania, being of sound and disposing mind, memory and
understanding, do make, publish and declare this as and for my Last Will and Testament,
hereby revoking and making void any and all former Wills, Codicils, or writings in the
nature thereof, by me at any time heretofore made.
FIRST:
I hereby order' and direct my Executor or Executrix, hereinafter
named, to pay all my just debts, funeral expenses, testamentary expenses and all
Inheritance, Estate, Transfer and Succession Taxes, as soon as may be conveniently
done after my death, out of my residuary estate.
SECOND: I hereby give to my husband, RICHARD D. STUART, all of my
personal effects, clothing, furniture, furnishings, jewelry, automobiles, and any other
tangible personal property of every kind and any insurance thereon, provided he survives
me for a period of thirty (30) days. If he shall not so survive me, then I give the same in
equal shares to such of my children as survive me, to be divided among them as they
may agree, or if they are unable to agree, as my Executor may decide. Any items of
value not so disposed of shall be sold by my Executor and the proceeds added to my
Residuary Trust.
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THIRD: In the event that my husband, RICHARD D. STUART, survives
me, I give to the FINANCIAL TRUST SERVICES COMPANY, of Carlisle, Pennsylvania,
or its successors, IN TRUST, for the benefit of my husband, to hold in trust (hereinafter
referred to as Marital Deduction Trust), assets equal in value to an amount which, when
added to the final estate tax value of all of the property included in any gross estate which
passes to my husband, and which qualifies for the federal estate tax marital deduction,
will entitle my estate to the minimum federal estate tax marital deduction, allowable in
determining the federal estate tax payable by reason of my death, necessary to reduce
my taxable estate to an amount on which no federal estate tax is due and the federal
unified credit available to my estate is fully utilized; provided that the allocation to the
marital trust shall be satisfied only from assets qualifying for the marital deduction. My
trustee shall invest and manage the marital deduction trust in a manner which will not
disqualify the marital deduction, and will make distributions as follows:
A. During my husband's lifetime: (i) The entire net income shall
be paid to him at least monthly: (ii) As much of the principal as my trustee may from time
to time think desirable for his welfare, comfort or support shall be paid to him; and (iii) He
shall have the unrestricted right to withdraw any part or all of the principal at any time.
B. On my husband's death, any then remaining principal shall be
paid to such one or more persons or organizations, including his estate, on such terms
as he may appoint by a will specifically referring to this power of appointment.
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C. If my husband does not exhaust his power of appointment
under the preceding paragraph, on his death: (i) Any increase in death taxes or
administration expenses in his estate caused by inclusion of this trust in it for tax
purposes shall be paid out of the unappointed principal, and a written statement by his
executor or administrator of the amounts payable may be accepted as correct; and (ii)
The balance of the unappointed principal shall be added to and thereafter treated as a
part of the principal of the Residuary Trust, as identified below.
FOURTH: After my death, my trustee, FINANCIAL TRUST SERVICES
COMPANY, or its successors, shall invest and manage all the property not allocated to
the Marital Deduction Trust as a separate trust, referred to as the Residuary Trust, and
make distributions as follows:
A. If my husband, RICHARD D. STUART, survives me, during his
lifetime: (i) The net income shall be paid to him in monthly or other convenient
installments; (ii) as much of the principal as my trustee may from time to time think
desirable, taking into account funds available from other sources, for the health, support,
maintenance or education of my husband or any of my children either shall be paid to
that person or shall be applied directly for those purposes. However, none of the
principal of this trust shall be paid or applied for the benefit of my husband unless the
principal of the marital deduction trust has been exhausted; and (iii) After the Marital
Deduction Trust has been exhausted (or after my death if no Marital Deduction Trust will
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be established), my husband shall have the right in each calendar year to withdraw from
the principal up to $5,000 and, in addition, if he is living on December 31 of any year, to
withdraw up to 5% of the fair market value of the principal determined on December 31
of that year (the amount subject to withdrawal as of December 31 to be reduced by any
prior withdrawals during that year, any rights of withdrawals for a particular year to lapse
if not exercised during that year).
B. Upon my husband's death, if he survives me, or mine if I
survive him, my Trustee shall distribute the entire remaining principal of this Trust in equal
shares to my following nieces and nephews, KATHRYN BOSLER WICKENHEISER of
2416 Raleigh Drive, Lancaster, Pennsylvania 17601; KELLY ALLEN HAWKE of 71
Fairview Way, Camp Hill, Pennsylvania, 17011; CYNTHIA JOAN TALLlANO, of 12139
Gray Star Way, Columbia, Maryland 21044; and MARJORIE LYNNE MONACO, of 6174
Silver Arrow Way, Columbia, Maryland 21045, per stirpes, and not per capita. Should any
of my aforesaid nieces or nephews predecease me without issue, his or her share of my
estate shall be divided equally among the surviving aforesaid nieces or nephews, or their
issue, as applicable, in equal shares.
FIFTH: In funding the Marital Deduction Trust, only property eligible
for the marital deduction shall be used. Property distributed in kind in satisfaction of the
marital deduction shall be distributed at the lower of (i) its value at the time of its
distribution and (ii) its adjusted federal income tax basis. Subject to the foregoing and
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without regard to the effect upon the size of the Residuary Trust, my trustee shall have
absolute discretion in selecting the property to be allocated to the Marital Deduction Trust.
SIXTH: All federal, state and other death taxes payable because of my
death shall be paid out of the principal of the Residuary Trust. None of those taxes shall
be charged against the Marital Deduction Trust or any beneficiary, and no property which
would be otherwise exempt from federal or state death taxes shall be used to pay any
death taxes under this article, or attributable to my estate generally.
LASTLY: I nominate, constitute and appoint my husband, RICHARD D.
STUART, to be the Executor of this my Last Will and Testament. In the event that my
said husband shall be unable to serve as Executor for any reason, I appoint Wm. A.
KRAMER, 2nd, as Executor. No Executor shall be required to file bond in this or any
other jurisdiction.
I confer upon my Executor the right to sell or otherwise convert any real or
personal property at public or private sale, and upon such terms as my Executor shall
determine, and to execute and deliver good and sufficient conveyances, assignments and
transfers thereof, without liability of any purchase or for the application of any
consideration; to obtain any investments at discretion; to borrow money and to secure
its repayment by a Mortgage of real or personal property, a pledge of investments or
otherwise, without liability on the part of the lender to see to the application thereof; to
invest and reinvest at discretion, without restriction to so called "legal investments"; to
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make distributions in cash or in kind; and to do all other acts and things necessary or
appropriate in the management, administration or distribution of my estate. The
FINANCIAL TRUST SERVICES COMPANY, in its role as Trustee, shall be compensated
as such in accordance with its schedule of fees in effect from time to time when such
services are rendered.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
If/ole.. day of ~~_ , 1998.
~~1 /""' W~/ 4//7/;'/' S-.t;~~
Mary Wood Stuart
SIGNED, SEALED, PUBLISHED and
DECLARED in the presence of:
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COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
I, MARY WOOD STUART, 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; 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 acknowledge before me, by MARY WOOD
STUART, the Testatrix, this ----1 Cl th, day of u ~ , 1998.
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Mary Wood Stuart, Testatrix
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· .. Notary Public
NOTARIAl. SEAl.
MERLENE MARHEVKA, Nolary PLtlIic
Carlisle, Cumberland Collty, Pa
My Commission Expitls 6JlW8
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COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
We, James D. Flower, Jr. and James D. Flower, the
witnesses 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
sign and execute the instrument as her Last Will; that MARY WOOD STUART 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 that time 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 James D. Flower. Jr.
and James D. Flower this ~daYOfn998.
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NOTARIAL SEAl
MF:HI..ENE MARHEVKA Notaty Plblic
Cart~.!ll, Cumberland County, Pa
,__ _.... _.__:~.Commission Expires 6Il!I98
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