HomeMy WebLinkAbout07-26-78
No.
21 7c
.. f t)
395
PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY
in the Estate of LV\. L f1 ~.. ~[J.~Jb,J , deceased.
: (\-"\j .? f
{'i~
To Richard E. Anderson, Register of Wills for the County of Cumberland,
in the Commonwealth of Pennsylvania.
IS
Petitioner~Qf:e the execut{2.'/t named in the Last Will and
Testament of L €A.. L.J1 (1. (Go i)E (\.-,\.r-o,tV dated Ie f TefY\~ 1(", fq , )
Decedent was a citizen of the United States and a resident of
wir PA \11- U (t''''-'
of Pennsylvania.
Decedent died on 'HJ..~rOA r the ').^l&
A. D. 1 9 Id" ,i n the County of eu.. ~fl:,13 0. L/f f-J 0
P t;,vN J t l. ''''/'1 "\ at the age of 7 J- yea rs.
~ ~ her
Decedent has not been married and has not had children born to .m.....
since the execution of the above described Will.
Decedent was possessed of personal property to the value of
Tr-o,c)uo .00 and of real estate to the value of
l=oVlFlshil'
Borough, Cumberland County, Commonwealth
day of "" Il Y
State of
-0--
as near as can be ascertained; said real
estate situated as follows
-0-
apf} I y
Therefore, your petitioner(.,) respectfully appl ies for the probate
of the said Last Will and Testament and for Letters Testamentary thereon.
Dated t'A r l q I Cflcf
,
Name and address
of Petitioner(~
wf'n- r131ILU ,l2w
1 ) D)J-
COMMONWEALTH OF PENNSYLVANIA!
ss
COUNTY OF CUMBERLAND
P{L!I-}Jl..PJ- rGTTE'(l tJ L ~
nnmp-rf in nbove ooolicotion. beino dulv
J t.J ~ (t. rJ
accordina to law
~
~
LAST WILL AND TESTAMENT
OF
LULA B. ROBERTSON
I, LULA B. ROBERTSON, of Richmond, Virginia, being of
sound and disposing mind and memory, do make, publish and
declare this my Last will and Testament, hereby revoking and
annulling any and all wills by me heretofore made.
ITEM I - I direct that all my debts and funeral expenses
be paid as soon after my decease as may be found convenient.
ITEM II - I give, devise and bequeath my entire estate,
real, personal or mixed, to by beloved daughter, Frances
Fetterolf. Should my daughter predecease me, or should she
fail to survive me for a period of fifteen (15) days, or should
we die under such conditions and circumstances as it is not
possible to determine which of us has died first, then I give,
devise and bequeath my entire estate as follows:
(a) I give and bequeath the sum of Three Thousand
($3,000.00) Dollars to my niece, patricia Boyer, of
paxtonville, Pennsylvania.
(b) All the rest, residue and remainder of my
estate after the Three Thousand ($3,000.00) Dollar bequest
has been deducted, shall be divided between my two
great grandchildren, John Franklin Fetterolf, II, who
shall receive two-thirds (2/3) of the balance of my residue,
and Boyd Fetterolf, who shall receive the remaining one-third
(1/3) of my residue, all of which shall de~endper stirpes.
ITEM III - Should any person taking under this Will be a
minor, then I direct that my Executrix or Trustee hereinafter
named hold such share of such minor in trust for the following
purposes:
(a) The respective share of the respective minor
shall remain in trust until the said minor reaches the age
of eighteen (18) years. Until such minors reach the age
of eighteen (18) years or die prior thereto, my Trustee
hereinafter named shall payor apply the interest and/or
principal for the support, education, welfare and maintenance
of the said minors, in such amounts and in such manner
as in the sole discretion of the Trustee is proper and
desirable.
(b) It is my direction that my Trustee shall have,
and I hereby give my Trustee the power to apply any principal
or income for the support, maintenance and education of such
minors.
(c) No distribution shall be made of the principal
of this Trust until the youngest of the said minors reach
the age of eighteen (18) years, at which time each respective
minor shall receive one-half (1/2) of the amount remaining
in trust for him or her.
(d) Upon reaching the age of twenty-one (21)
years, the balance remaining in the respective trust of
each respective minor, together with any interest thereon
shall be paid over to each respective minor and the
trust shall then terminate.
(e) In the event a minor entitled to receive
funds should die without issue, then the balance of his
or her share shall go to the surviving eligible beneficiary
of the remaining trust.
ITEM IV - I nominate, constitute and appoint Frances
Fetterolf to be the Executrix of this my Last Will and Testament.
Should my said daughter refuse or be unavailable for any reason
or fail to qualify or cease to act as such during the
administration of my estate, I nominate, constitute and appoint
the Dauphin Deposit Trust Company of Harrisburg, Pennsylvania,
to be the Alternate Executor of this, my Last will and
Testament, with the same duties, powers and discretions as
if originally appointed.
ITEM V - I appoint the Dauphin Deposit Trust Company of
Harrisburg, Pennsylvania, to be the Trustee of any trust
created hereunder.
ITEM VI - I direct that no person serving as Executrix or
Alternate Executor or Trustee under this will be required to
enter security in any jurisdiction in which they may act as such.
ITEM VII - I authorize my Executrix, Alternate Executor
or Trustee and their successors to exercise the following
powers, in addition to those given by law, which shall be
effective without court order or approval:
(a) To retain any or all of the assets of my
estate without regard to any principle of diversification
or risk.
(b) To invest in all forms of property without
restriction to investments authorized for any type of
fiduciary.
(c) To compromise any claim or controversy.
(d) To borrow money from any person, including
any Executor or Trustee, and to mortgage or pledge any
real or personal property.
(e) To sell at public or private sale, to exchange
or to least for any period of time any real or personal
property and to give options for sales, exchanges or
leases, all for such prices and upon such terms and
conditions as they deem proper.
(f) To allocate receipts and expenses to principal
or income or partly to each as they deem proper.
(f) To repair, alter or improve any real or personal
property.
(h) To distribute assets in cash or in kind,
or partly in each at valuations fixed by them.
(i) To purchase investments at premiums and to
charge premiums to income or principal, or partly to each.
(j) To subscribe for or to exercise options for
stocks, bonds or other investments; to join in any plan of
lease, mortgage, merger, consolidation, reorganization,
foreclosure or voting trust, and to deposit securities
thereunder; and to generally exercise all the rights of
security holders or employees of any corporation.
(k) To register securities in the name of nominee
or in such manner that title shall pass by delivery.
(1) To carryon any business owned or controlled
by me at my death for whatever period of time they shall
think proper, and they shall have the power to do any
and all things they deem necessary or appropriate
including the power to incorporate the business, the power
to borrow and to pledge assets as security therefore,
and the power to close out, liquidate, or sell the business
at such time and upon such terms as to them shall seem best.
IN WITNESS WHEREOF, I hereunto set my hand and seal to
this my Last will and Testament, this
/ ~-
u-/'"
day of
(-, C' .--,-
-" -A',
.,)-X., /J./ '<:'-!--VI
/
/
,\(/-2/L
,1977.
i.t~,--1:j ~'- ;16 (j~~"(-<i/(..G~'"l,/L '
( SEAL)
..
THIS INSTRUMENT, consisting of six (6) typewritten pages,
five (5) of which bear the signature of LULA B. ROBERTSON, the
above named Testatrix, was by her on the date hereof signed,
published and declared by her to be her Last Will and Testament,
in our presence, who at her request and in the presence of
each other, we believing her to be of sound and disposing mind
and memory, have hereunto subscribed our names as witnesses:
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OA TH OF NON-SUBSCRIBING WITNESS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}
55:
This, the
, ~-nf.
day of
l""...t
A. D. 1974:..., before me, Richard E. Anderson, Register for
the Probate of Wills and Granting Letters of Ad ministration in and for the county of Cumber-
land, in the Commonwealth of Pennsylvania, personally cameJ ~tr F- (Ie '-' .TA
,.
Pt pi (J ,.,.... A 0. 'C. (. ., ~ € c,.A ,.J
who being duly
iwotlN
according to law deposed and say that they are well acquainted with
the handwriting of A ~,,-. L."* ~ c..t:J I':,SIl",
whose name is attached as
V \ l""'eJ .~
to an instrument of writing
late of Ltc J-' FIf-\A\J ,Gw
o .Ilo~ tt-
, deceased
and that the said signature is true and genuine, and that the said---1ll!ntU/l l.,
~~e(l'--
is now rI
J I absent.
E: :\.1o:rn
nnd subscribed before me,
this
25th
day of
J1Jly
\
l.
8
A. D. 197_
~ ~~ . , :1-.....
OATH OF SUBSCRIBING WITNESS
COMMONWEALTH OF PENNSYLVANIA l ss:
COUNTY OF CUMBERLAND ~
tk,--
This..................... .. ..a?:..................................... day of............. J...'1l. y.................................. A.D.. 19. .'I,r.,
before me Richard E. Anderson, Register for the Probate of Wills and granting letters of Administration
in and for said County of Cumberland, in the Commonwealth of Pennsylvania, personally came ..............
...A.~.t..~.~~.~:-.......~:.~~....~!!-:.t....{!?Y-...~.JJ:..1t.~./.....u.Y.1.~...~.f'..........................
the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and
Testament of ....... .~~."'-^. ....fi: .~.. .~t}.~.t.l:tI::.Q.N.. .................... ........... ....... Dated I.~p.. r...~.. .1.(,..,..1. .9.J7.......
late of ..f:.t.u~.f::J:.... .f?/!:.d!...'t!. J.~~ ... ..~.~f!.:P'Y:.f;.tt................. ..................... Cumberland County Pa., deceased
who being duly .....J..W.~.Or.~..................... according to law, depose and say, that ...r.1t4..t::.....0:!.€d.~...
present, and saw and heard the testa..ll:-.I.)C:........................, .....L..(,1.L.lL./J..,....k(!;.tf:J1..:r;1..f{.~.................
sign, seal, publish, pronounce and declare the said instrument of writing as and for h..~.~....... Testament
and Last Will, and at the time of so doing .....f..d4....................................was of sound and disposing mind
memory and understanding, to the best of ....:~.0::-...h.~.(............knowledge, observation and belief.
....... ...J..W..~fkd.................... a
~~...~~..t~..........................
..................................................................................
Richard E. Anderson, Register
..................................................................................
AFFIDAVIT OF DEATH
COMMONWEALTH OF PENNSYLVANIA l ss:
COUNTY OF CUMBERLAND ~
..... ....... ......... .... .......... ..... fP.:lt~.#.1.-::... ....C~ rr:€~.l.<.:E.... ....... .... ..... ... ......... ... ..... ... ...... .... ..... .being duly
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