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HomeMy WebLinkAbout02-07-08 PETITION FOR PROBATE and GRANT OF LETTERS No. ~J-IJg- -0/3:2 To: Register of W~ls f~ thi L 0 '9 r:Peceased. County of urn er and in the Social Security No. ts - L. L. - L. I Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age <M older ~ the ~ecu~ 9 o~ in the last will of the above decedent, dated ovem er , '::I and codicil(s) dated Estate of Mary Lou McSparran also known as named , 19_ (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cumberland County\.Pennsylvllnia, with h er lastfamiIyof]~rincipalresidenceat 20 N. Twelfth st., f\pt. 124, Lemoyne, FA 17043, Lemoyne Boro (list street, number and muncipality) 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: Decendent, then 80 years of age, died Januarv 20 m Holy Spirit Hospital. Camp Hill, PA Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted ~fter execution of the will offered for probate; was not the victim of a killing and was ntv)er adjudic~d Incompetent: ';: 0 :"":; 'j ~g r-q 4 0 0 ' 0:oo?- (lOco , " " 1"", 1 .' '.: " -..! . ".:: )<.~ $(W{: 200,8 $ $ $ $ . C~) 'I .~. _.~ /-1 tr'\ w ,", WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters theron. (testamentary; administration c.La.; administration d. b.n.c.t.a.) V> 'or u c: <I) ~3 <I)'" C::1:j -g.g clj"C 3~ <I) '- 50 0; c: OJ) US Jdrnes Robert Whetstone 324 Evergreen st. New cumOerLand, PA 17010 ~'lj)../-;r- J. W~ 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 wel Sworn to.. or affirm..f~ and sUbsc.ribed { .~ before me this 7 day of ~ ~~"3Q. f\__~ a~ . ~h.d ~}~~ and truly administer the estate according to law. ((..v(/~- ~ o:Q' ~ l:l ...... l:: ~ ~ No. dl-()g ~O/3J- Estate of Mary Lou McSparran , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~~ :i~,a"d ' 1I1 200jljn cons;deration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated November 8, 1 993 described therein be admitted to probate and filed of record as the last will of Mary Lou McSparran and Letters Testamentary are hereby granted to James Robert Whetstone FEES Probate, Letters, Etc. ......... $,~()' 00 Short Certificates( ).......... $ 3.).. Ou ~etol.... illli\d'O. ~....... $ 15" -vI) ~\P t:\\.rli~-\-"N\. $ I~'. ~~ TOTAL _ $J.\.;;,).~ ~(..b Filed .. ~ J. !.I.Q ~ . . . . . . . . . . . . . . . . . . . . . J~... Ill.Jha''ff p" Regis of Wills ' // ,,/ RichatarO!t;IE't<fl'ecarrfclli~o'~sq. (#07176) 3820 Market st., Camp Bill, p~ 17011 ADDRESS (717) 236-8000 PHONE , . LAST WILL AND TESTAMENT OF MARY LOU McSPARRAN I, MARY LOU McSPARRAN of Camp Hill, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do make and publish this, my Last will and Testament, hereby revoking all wills and codicils by me at any time heretofore made. ITEM 1: I direct my Executor hereinafter named, to pay the expenses of my last illness and funeral expenses from the property passing under this will as an expense and cost of administering my estate. ITEM 2: All expenses of administering my estate and all inheritance, estate and succession taxes, including interest and (.) c." ~._~ ("") .c~.::: penalties payable by reason of my death, which may be a~~esse~lor . I~; o~!~ ~~.? ~ imposed with respect to my estate, or any part thereof ,c>,: " I -.l wheresoever situate, whether or not passing under my Witt:;'; :t:-, including the taxable value of all aL ") policies of insurance' on m~ C0 c., rights or interests includible life and of all transfers, powers, in my estate for the purposes of such taxes and duties, shall be paid out of my residuary estate as an expense of administering and with apportionment, and shall not be prorated or charged against any other gifts in this will or against property not passing under this Will. - 1 of 8 - l1[~~ 7?(L~ ITEM 3: In the event that, at the time of my death, I am joint owner, co-owner, or owner of any real estate, bank account, government bond, security or instrument of indebtedness (whether issued by a private corporation, a government, a governmental agency, or an individual) or any similar property which is registered or issued in my name and that of another person or persons as tenants by the entirety or as joint tenants with right of survivorship, or which is shown in writing to be payable to either the co-owner or named survivor on my death, I give, bequeath, and devise, absolutely and forever, all my right, title and interest in any such property to the surviving joint owner or co-owner thereof or to the other survivor apparently entitled thereto upon my death. It is my understanding that my right, title and interest in any such property will, by operation of law upon my death, vest or pass to such surviving joint owner or co- owner thereof or to the other survivors apparently entitled thereto. Nevertheless, I make these provisions in order to eliminate any doubt or question as to the right of any such surviving joint owner or co-owner or other person apparently entitled thereto to succeed to full possession and ownership of such property upon my death, and to provide for the possible contingency of an ineffective attempt to create a joint tenancy or estate by the entirety. - 2 of 8 - J?t7:i=-- #1~ ITEM 4: I give, devise and bequeath unto my beloved son, JOHN ELVIN WHETSTONE, one-half (1/2) of my estate, real, personal and mixed, whatsoever nature and kind and wheresoever situate. ITEM 5: In the event that my son, JOHN ELVIN WHETSTONE, predeceases me, his one-half (1/2) of my estate shall go to his wife, C. SUE WHETSTONE, and their children, in equal shares. ITEM 6: I give, devise and bequeath unto my beloved son, JAMES ROBERT WHETSTONE, the other one-half (1/2) of my estate, real, personal and mixed, whatsoever nature and kind and wheresoever situate. ITEM 7: In the event that my son, JAMES ROBERT WHETSTONE, predeceases me, his one-half (1/2) of my estate shall go to his wife, BARBARA WHETSTONE, and their children, in equal shares. ITEM 8: In the event that JAMES and BARBARA WHETSTONE'S children are minors at the time of my death, I give, devise and bequeath all the rest and residue of my estate of any kind whatsoever, real, personal, or mixed, and wheresoever situate to BARBARA WHETSTONE as Trustee for my grandchildren for the following purposes: a) To pay over to the guardian of my grandchildren all of the income and so much of the principal as she in her sole discretion deems necessary for the proper support, maintenance, welfare, and education of my grandchild. .. /' - 3 of 8 - 7t7~ 7r(L~ b) The Trustee shall divide the Trust estate into as many parts as there are then surviving grandchildren of mine, and distribute one such part to each surviving grandchild at the time that child attains the age of eighteen (18) years. c.) My Trustee has the right to invade the principal of the Trust should any grandchild wish to purchase a home or business so long as they have completed their college education or it is determined that they will not continue their education through college. d.) Neither the principal nor the income of the Trust estate shall be liable for the debts of any beneficiary hereof, nor shall the same be subject to seizure or attachment by any creditor of any beneficiary under any writ or proceeding at law or in equity, and no beneficiary hereunder shall have any power to sell, assign, transfer, encumber or in any other manner to anticipate or dispose of the principal or income in the Trust estate produced thereby. ITEM 9: The Trustee shall possess, among others, the following powers: a.) To vary or to retain investments, when deemed desirable by the Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or securities or in such other property, real or personal, as the Trustee shall deem wise, without being restricted to so-called "legal investments", and - 4 of 8 - 7J~~ fft~ without being limited by any statute or rule of law regarding investments by fiduciaries. b.) To sell, either at public or private sale and upon such terms and conditions as the Trustee may deem advantageous to the Trust, any or all real or personal estate or interests therein owned by the Trust severally or in conjunction with other persons, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon the Trustee in this paragraph or elsewhere in this instrument. c.) To mortgage real estate, and to make leases of real estate extending beyond the terms of the Trust hereunder. d.) To borrow money from any part, including the Trustees, to pay indebtedness of the Trust, and taxes, and to assign and pledge assets of the Trust therefor. e.) To pay all costs, taxes, expenses and charges in connection with the administration of the Trust, including a reasonable compensation to agents. - 5 of 8 - if~~#(?~ f.) In the discretion of the Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the Trust. g.) To vote any shares of stock which form a part of the trust. h.) To assign to and hold in the Trust an undivided portion of any asset. i.) To do all other acts in their judgment deemed necessary or desirable for the proper and advantageous management investment and distribution of the Trust. j.) No bond shall be required by law and no surety shall be required on the bond. My Trustees need not account to any court in the exercise of any power or discretion. k.) My Trustee shall be entitled to reasonable compensation for services in administering and distributing the Trust property, and to reimbursement for expenses. 1.) The assets distributed or payable to my Trustee, hereinafter named, as a result of my death including, but not by way of limitation, assets received as part of my Residue, proceeds of life insurance policies, and proceeds of employee benefit plans, shall be administered by my Trustee in accordance with the Trust created hereunder. - 6 of 8 - IJC?""-' 7l[~~ If my Trustee is the beneficiary of any life insurance policy on my life or the beneficiary of any qualified pension or profit sharing plan, the proceeds of such policy or plan shall be treated by my Trustee as though received as part of my Residue. These proceeds shall not be subject, however, to debts and taxes to which they otherwise would not be subject. ITEM 10: In the event any beneficiary and I die under such circumstances that the order of our deaths cannot be established by proof, it shall be conclusively determined for all purposes of this will that I survived the beneficiary. ITEM 11: I hereby nominate, constitute and appoint my son, JAMES ROBERT WHETSTONE, of New Cumberland, Pennsylvania, to be my Executor of this my Last will and Testament. My son, James, is being appointed individually, as opposed to being a Co-Executor with his brother, John, only by reason of his proximity to the county in which the will will be probated. ITEM 12: I hereby nominate, constitute and appoint my son, JOHN ELVIN WHETSTONE, of Apex, North Carolina, to be my Contingent Executor of this my Last will and Testament. - 7 of 8 - ~4~~ ~<-~ ( IN WITNESS WHEREOF, I have signed this Will on this ~ day of -iJcn~~ , 1993. For identification I have signed the foregoing seven (7) pages of this Will which consists of eight (8) pages. ~:t~ lf1~ TE RIX flp - Wills\MMcSparr.wil SIGNED, sealed, published and declared by MARY LOU McSPARRAN, the above-named Testatrix, 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. Q\1 lUVWtJlJ'o ~ Residence1lD~U CWYLl}txJ(1M \ 'A 8~C\. ~.,\~ d)'" LV\. C Ovv, /J, II 1/1 \101D Residence 17011 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF DAUPHIN On this, the ~day of 'f/~ , 1993, before me, a Notary Public, the undersigned officer, personally appeared MARY LOU McSPARRAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the attached or foregoing instrument, acknowledged that she signed and executed the instrument as her Last Willi that she signed it willinglYi and that she signed it as her free and voluntary act for the purposes therein expressed. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~g~ Notary Pu ic ' NOTARIAL SEAL BARBARA E. PALMER, Notary Public Harrisburg, Daupnin County My Commission Expires May 17,1997 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN We, olerfIirW\ f\ _ mmldlL and <'.sOHAJ F r,Al fr , the witnesses whose names are subscribed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that she signed it 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. JYl~X1d Ltkj A CY)Cfu erLbL WITNESS SWORN and subscribed to before me, this ~~ day of 4/\~ ' 1993. ~~-~~ Notary Public NOTARIAL SEAL , ~),\P~,^RA E. PAlMER. ,Notary ~ub\IC '.' .'I'",,"wg Dauphin CountY . ".,'. . '., ' 17 1997 ',,:;1, :.,.i1Fi.OlresMay .