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HomeMy WebLinkAbout10-11-79 ~ IN RE: ESTATE OF T. A. MILLER, LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-314 ORDER OF COURT AND NOW, to wit, this 1/ day of October, 1978, upon consideration of the foregoing petition, and on motion of James R. Humer, Esquire, Attorney for the Estate of T. A. Miller, deceased, it is ordered and directed that: a citation be issued, directed to Bethel AME Zion Church, Shiloh Baptist Church, West Street AME Zion Church, and the Township of North Middleton to show cause why said parcel of land should not be sold, divested of the conditions imposed by decedent's will, ~v~rf h h ~--_. .~ 1i....RQiilr.iRg i~ fixed fo~ Juv.. ~ , , 1978, at I tJ; 6-cJ o'clock, ~.M., in Court Room No. / at which time Bethel AME Zion Church, Shiloh Baptist Church, West Street AME Zion Church and the Township of North Middleton may appear and be heard on the question of the requested sale of said premises, divested of the conditions imposed by decedent's will. /~- days notice of hearing to be give by certified mail to all parties. By the Court, eoo~ 105 FAC: :JG3 .' IN RE: ESTATE OF T. A. MILLER, LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-314 PETITION TO THE HONORABLE, THE JUDGES OF SAID COURT: The petition of Beatrice M. Claus respectfully represents: 1. That she is the executrix of the estate of T. A. Miller, who died June 2, 1978, without surviving issue, leaving a last will and testament dated May 30, 1978, a copy of which is attached hereto as Exhibit "A". 2. That your petitioner 1S also the surviving spouse of T. A. Miller, and on August 2, 1978, filed her election to take against said will, a copy of which is attached hereto as Exhibit "B". 3. That the assets of said estate include a parcel of real property in North Middleton Township, containing seven acres, more or less, devised unto Bethel AME Zion Church, Shiloh Baptist Church and West Street AME Zion Church, as tenants in common, subject to conditions against sale or encumbrance of the premises, and upon violation thereof to vest in the Township of North Middleton for recreational purposes, subject to certain conditions as set forth in said will. 4. That said parcel of land cannot be divided so as to give your petitioner the one-half share to which she is entitled under her election to take against the will. 5. That the condition against sale of said parcel of land is impractical, and the conditions imposed by the gift over to the Township of North Middleton may be or become objectionable and burdensome to the Township. WHEREFORE, your petitioner prays your Honorable Court for a citation directed to the said three churches and the Township of Btf'.'{ 10t:.:) p'!:~ 3t:!.1.t ;"JU.\ \.. rl; ~_ r. ~J " North Middleton to show cause why said parcel of land should not be sold, divested of the conditions imposed by decedent's will, or in the alternative, to fix a hearing at which all parties may be present and, after hearing, order sale of one-half of said premises by your petitioner as executrix, and one-half thereof by your petitioner as surviving spouse electing to take against Decedent's will. And she will ever pray, etc. ~J-~ ~7 Cf2~/~ Beatrice M. Claus, Petitioner STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS Beatrice M. Claus, executrix and surviving spouse named in the foregoing petition, being duly sworn according to law, deposes and says that the facts set forth in said petition are true and correct to the best of her knowledge, information and belief. /?1f-{L;(;-~ ~1 (!{o.~ Sworn to and subscribed before me this ~ day p~'0ctober, 1978. ~~:)tY',,- \"~!. '.'4 '.. (.~t ...... ..~/J., ",-.-.~:\ ct~ t\?~ f ~~ 2- ~~~" .. .~~~ -.u. i.J'J ',.,;": - ........ . :1 ..."0 ,....0. -/",.-. .:\~/ ( v (;\':;'. ~-6 ARY pusU C 9~' r) . .. f ~ .' . Jul" \4 1 " , 'l-. ..... . . \bo ission Explles J " , "'~.l R . ". ."MY. 1!1pmA, Cumberland CounlV .._,\:>I.;-''taJl"le, BOOK 105 FN~~ 362 . . " . 3Enst 3l1tirf\ait~'" m-~sta11t~nt I, T. A. MILLER, of the Borough of Carlisle, Cumberland County, Pennsylvania, declare this to be my last will and testament, and revoke all wills which I have previously made. I I give and devise my farm with the improvements thereon erected, situated in N~rth Middleton Township, Cumberland County, Pennsrlvania, known as Tamec Farms, unto Bethel AME Zion Church, Shiloh Baptist Church, and West Street AME Zion Church, all of Carlisle, Pennsylvania, as tenants in common, in fee simple, upon the condition that the said property shall never be sold or encumbere or become subject to the lien of unpaid real property taxes, municipa or similar assessments, and upon violation of this condition all righ , title and interest of the devisees previously named shall cease and determine, and title to said premises shall thereupon vest automatic- ally and without action of my executor, to the Township of North Middleton, to be used upon the following conditions upon vesting of title in the Township: A. That it shall be devoted forever to public recreational use, with preference given to local horse shows so far as practicable. B. That it shall forever bear the name and be known as Tamec Farms. C. That a stone marker, similar to that erected on the Carlisle Public Square for Jim Thorpe, be erected and inscribed to explain for future generations the origi of the name Tamec, an acronym composed of T.A.M. for Dr. T. A. Miller, and E.C. for his wife, Elizabeth C. Miller, and the year of my death. II I direct George Ebener Realtor and my executor to sell my residence at No. 531 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, at public or private sale as it deems best, and the net proceeds therefrom to be held in perpetual trust by the First United Methodist Church, Carlisle, Pennsylvania, or its successor, EXHIBIT "A" ~ .. , . . the income to be paid to said church and to be used to provide colored covers for the church bulletins, said bulletins to bear the notation, "This bulletin is given to the church community in memory of Dr. and Mrs. T. A. Miller", to provide artificial flowers for the graves of my wife and myself eight times yearly on Easter, Memorial Day, Mother's Day, Father's Day, July 4, Labor Day, Thanksgiving and Christmas and having our grave marker cleaned every five years. Any remaining annual proceeds shall be spent as the church decides. III I give, devise and bequeath my cottage at Evangelical Camp Grove, Herndon, Northumberland County, Pennsylvania, and its contents to Beatrice M. Claus of 65 Main Street, Vineland, Ontario, Canada, for and during the term of her natural life, or so long as she continues to use and enjoy the same, and upon her death, or upon her written declaration of discontinuance of use, I give, devise and bequeath the same to the Seibert Evangelical Congregation 1 Church or its successor, for the express use of each pastor of said church or its successor church, during the pastor's tenure at the church. The church shall, at its own expense, provide and install a bronze plaque in full view where the present Dr. T. A. Miller bronze plaque is located, the new plaque to read "Donated to the Seibert Evangelical Congregational Church by Dr. and Mrs. T. A. Miller" and to include the dates of our death. IV I give and bequeath my fifteen shares of stock in the Herndon Camp Meeting Association unto the Seibert Evangelical Congregational Church or its successor, absolutely, but all voting rights and privileges of said stock shall be vested in and exercised by the pastor of said church at that time. V I give and bequeath the sum of Two Thousand ($2,000.00) Dollars unto the Seibert Evangelical Congregational Church, Herndon, Northumberland County, Pennsylvania, in perpetual trust, the net income therefrom to be used for maintenance of my cottage at Evangelical Camp Grove, Herndon, Pennsylvania, devised by paragraph III of this will. ~ . ---~.~. . ...- ~'" ,#0 VI I direct George Ebener, Realtor and my executor to sell my properties Nos. 155 West North Street and 631 North Factory Street~ Carlisle, Pennsylvania, and the contents thereof, and my mountain land situated in Henry's Valley, Jackson Township, Perry County, Pennsylvania, at either public or private sale and to add the proceeds therefrom to my residuary estate. VII I give and bequeath my coin collection, my Indian jewelry and Indian artifacts to the Cumberland County Historical Association absolutely and request that the same be displayed in the Hamilton Library, North Pitt Street, Carlisle, Pennsylvania, and bear a visible plaque stating "From Dr. T. A. Miller Estate." This plaque shall be added to the display within six months of my demise or the collection shall be sold at public sale and added to my residue. VIII I give and bequeath my motor home to Eloise Goodhart of Walnut Bottom, Pennsylvania. IX I give and bequeath any automobiles which I may own at the time of my decease, together with all insurance thereon, to Beatrice M. Claus. X I give and bequeath the sum of One Thousand ($1,000.00) Dollars to my wife's a~nt, Thelma Neiles, of Carlisle, Pennsylvania, if she shall survive me. XI I give and bequeath the sum of One Thousand ($1,000.00) Dollars to the Carlisle Band, Carlisle, Pennsylvania. XII I give and bequeath the sum of One Thousand ($1,000.00) Dollars to the following named individuals in the following order: ; I. Bryon Claus, Vineland, Canada Brenda McKenzie, Vineland, Canada Beatrice Claus, Vineland, Canada Vaughn Reid, Newville, Pennsylvania Dr. N. L. Plank, Carlisle, Pennsylvania William Wolfe, Carlisle, Pennsylvania Bob Dubrinski, Vineland Canada William C. Albertson, Jr., Bloomsburg, Pennsylvania Rev. I. Ray Berrian, Martinsburg, Pennsylvania Rev. Cecil Brown, Stayner, Canada Dr. C. H. Sharbaugh, Bethlehem, Pennsylvania Sam Watson, Jr., Carlisle, Pennsylvania Joan Shaver, Irvington, New Jersey Glenn Lytle, C:rlisle, Pennsylvania Rev. F. E. Remaly, Carlisle, Pennsylvania C. Richard Stover, Carlisle, Pennsylvania Heber Trometer, Herndon, Pennsylvania -..--. ~.-..~- . ' ........ , . I I pennSYIVani~ Edward Zierold, Weirton, West Virginia Rev. C. M. Beam, Herndon Camp Grove, Herndon, Bill Gamber, Orlando, Florida Rev. Wayne Good, Zepher, Canada Pauline Klucker, Duncannon, Pennsylvania Gloria Weaver, Carlisle, Pennsylvania James A. Miller, Fayetteville, North Carolina Mildred Albertson, B~oomsburg, Pennsylvania. XIII I direct my executor to sell at either public or private sale all real and personal property not otherwise disposed of by this will, and to add the same to my residuary estate. XIV I direct that my funeral shall be conducted by G. Book Roth, Funeral Director, if living, otherwise by the Ewing Brothers Funeral Home. XV I give One Hundred ($100.00) Dollars to each of th children: Rameses, Toronto Zemba, Harrisburg Mahi, Miami XVI All the rest, residue and remainder of my estate, I give and bequeath in equal shares per capita, to PTL Club, Charlott , North Carolina, Jerry Foldwell's Bible College, Lynchburg, Virginia, IHerndon Evangelical Camp Grove and Seibert Evangelical Church, Herndo , IpennSY1Vania, all in memory of Dr. and Mrs. T. A. Miller. I XVII I appoint Beatrice M. Claus, Vineland, Ontario, Canada, as the Executrix of this Will. In the event that she prede- ceases me, then I appoint Farmers Trust Company of Carlisle, Pennsylvania, as Executor of this Will. this -, -:') () IN WITNESS WHEREOF, da y 0 f '/h. .(..A.1~ () I have hereunto set my hand and seal , 1978. j::~XVY~ (. ..-/' (SE L) Signed, scaled, published and Jeclared by T. A. Miller, testator above named, as and for his last will and testament, written on four sheets of paper, in our presence, who, in his presence, at his request, and in the presence of each lather hav~ her~unto 5ubscr.ibed ou..r names as attes~J.,nJ w~tnesses: ....:J (;/., ,f , - / ,'/' - / /v I J /'''-/ · ,,: "~- . .' " I. t' ,'. ,~ r" .~~._.../V' . I ' ,/. ..'-' ,..) .. ',-_~-'.' I : .Ii t.4l,~ J~-r~ .' IN RE: ESTATE OF T. A. MILLER, LATE OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, DECEASED . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-78-314 . . . . . . . . ELECTION TO TAKE AGAINST WILL TO: Beatrice M. Claus Executrix Under the Will of T. A. Miller, Deceased You are notified that I am the surviving spouse of T. A. Miller, deceased, and that I hereby elect to take against his will and against all conveyances within the scope of Section 2 of the Probate, Estates and Fiduciaries Code of June 30, 1972, P.L. 508, 20 Pa. C.S.A., Section 6111, of which I am a beneficiary. Dated: July 28, 1978 r~(vt~~ ~1 C2(~ Weatrice M. Claus Surviving Spouse COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) S8 On this the 28th day of July, 1978, before me the under- signed officer, personally appeared Beatrice M. Claus who acknowledged the foregoing election to take against will to be her true act and deed and desired that the same might be recorded as such. EXHIBIT "B" ~. ;~ c;':) 0 ;:0 ;:' c:: - :r: f'Tl ~J t.' 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