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HomeMy WebLinkAbout08-09-78 No. 21-78 ;'11 ,~ r,' ~W'u PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY in the Estate of H A Z E L. 1'l/l.1t R Y 5 'Ai I G E (<, , deceased. To Richard E. Anderson, Register of Wills for the County of Cumberland, in the Commonwealth of Pennsylvania. IS Petitioner(s) ere the execut <' rz named in the Last Will and Testament of !+,4ZEL !'-14/<-) 5Vv'IGE(~T dated JUL.-Y ~: JCj7t; Decedent was a citizen of the United States and a resident of C A 1:( L / S L S ~~;:;~~'~ Cumberland County, Commonwealth of Pennsylvania. Decedent died on /'-10 rv D ~ Y the .~.l:( day of ~ N C A. D. 19 7 ~. , in the County of C u /~'1 (j EIZ LA N D State of P EN Iv S y L 11 A- N I rJ at the age of ~ S- years. i:fas- ~ her Decedent has not been married and has not had children born to hB:a since the execution of the above described Will. Decedent was possessed of personal property to the value of (j tJ EST( 1'-1r17ED and of real estate to the value of .. /'J ON E as near as can be ascertained; said real NONE estate situated as follows apply Therefore, your petitioned.s) respectfully appl ies for the probate of the said Last Will and Testament and for Letters Testamentary thereon. Dated A () c, C' S I cr I / ~ 7 g Name and address of Petitioner(s) 1\14 Y. S\~/ I c; Lf{'r "3 '"3, tv . It iLL 0 lV S',- C 4- R LIS LE, P A / -1 0 13 COMMONWEALTH OF PENNSYLVANIA! ss COUNTY OF CUMBERLAND lvO{2.^'1AN l:(4y~w/Gt=r<..7 named in above application, being duly S w OfZl'v according to law say(s) that the statements set forth in this petition are true to the best of }+/ ~ knowledge and bel ief. me, 197 f "'. --1 UJOR N Tel and subscribed before L 7: Richard E. Anderson, Register Fi led~ 1\' '::' Lc,f' 17, 1978 'J R I, Attorney: v;1 fl,JES '. tl OM 1:./( \. OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA} COUNTY OF CUMBERLAND SS: Before me, the Register for the Probate of Wills and granting of Letters of Administration in and for .. ...... the County of Cumberland, personally came ......!Y.0..0..t:!.::...'Y....../~.~..1.......?r::~.~.rj.f?~~?....................... . S lA,1 (1 f( N d t= S d d h L v { ( Ij'[ 0 /( who, bEnng duly......... ..... ....... ......., 0 ..... ..... epose an say t at as.. ......... ...1. .'...:. ............ ............ ............ ...... Ii"" A1 ,\' '" of the last Will and Testament of .........1.7/:L?..~..~:..........:.....d.~..;:.......:~.y:.!.~.~:.:.~..~..................deceased ......)L.~........... will well and truly administer the goods and chattels, rights and credits of said deceased according to law. And also will diligently comply with the provisions of the law relating to Transfer ,^ . I h '1 :;, lA, 0 f( M T U d b 'b d n en :ances. ............................ an su scn e before me. 2 ;J /7 " , ,," //; .,' .,-",/',~ .. . 1./ ,,1 '/-1. ,(. / " .j... :171....qf. .I..~tfs;':(:~ .~(. :it;.......................... Iv () P;;c fl-.1 AN' N,A '/'/ S' IIJ Ie; (f,; i .................................................................................. ~~ ........ ~ - N o Z $ ro ..., 00 ~ ~ III c~ 00 l' ro 0') III U ,...;- III Q U. r_" 0.:"' 0: 0 i-' c,,,: ,f ~; : ~ ....J rr : 0 0 [- ....J :>- o::l r . c.'C ..- C ..- f: +: - \;;_u .,"" ~ ~ f'. (]) L_ ~ ; r; .,"" 1I.; '.. l' ""d _:::i: <: <: III (; h- ""d ,~ ... 0 :t-: u III ... III ~ ""d bn III ..- ~ ro 0,"" ro p.. ~ '1 .<~ ,14 o Z DECREE E . b d h h 1 7 + n d f t., - .~, S t- A D 7 P :e It remem ere t at on t e .......:':.~.~'..~........ ay 0 ...................:........:../................., . .,19 '..":....., there was probated and recorded the last Will and Testament of ......!!.~.::~L.~'.'.:.;:7...~~~1.~.:~:~.~~............................, late of.........~.?~~.~.:!).~................................................., Cumberland County, Pennsylvania, Deceased. Letters ']\0 s+;qmeYJtRrv t d t Nor>m.<:> R8'" (~..ri '""crt . ...... ............ ....::........ ....:... .'. :............ were gran eo.. .............. ........:... :.......... . k.. .:';":...;;..:.. ..:... .... ........ ...... ...... , Witness my hand and official seal the day and year aforesaid. .....j~lr~J:1r....:..~........ Richard E. Anderson, Register. ~,r-- ,,~'\ OATH OF SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA l ss: COUNTY OF CUMBERLAND \ . 1''-+;>, 4. V GuS" 'lg ThIS. ...... ...... ...... .... .....:..'.... .......... ...... ...... ...... ......... day of... ............ ........ ...... ........ ............ ...... ......... A.D., 19.. ......, 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 .............. ~:"H!\I l~, B((ouyo-.S AM/) l:'vEI.!,EtTk (', LIAJTH/Cv!-j ................................................................................................................................................................................ the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of ..... H.t?~. ~ .?:-...... .t~'! A. ~::1........ S ~l.!. F ~ B.J:.......................... Dated ..J.:~!-:.y... "~'f.J?.'?.. '!......... late of........ \..1.f.<?,J~..L;;.t;............ !3..q.rz.~!..C.Ji .t.'. ........ ........ .................. ....... Cumberland County Pa., deceased h b. d 1 S' CIJ(lPN. d' t I d d th t -r'HE v /,-t't.:: I{{ W 0 emg u y ................:-.-.. ...................... accor lng 0 aw, epose an say, a.. ........./........................... present, and saw and heard the testa.XHLX.................., .H.,j..?-.~~:~.....M.:'./~..Y......$..~~.i..f:..~..~~..!........... sign, seal, publish, pronounce and declare the said instrument of writing as and for h.lJ?........ Testament and Last Will, and at the time of so doing ...........S:J-!..~:,............................was of sound and disposing mind memor)' and understanding. to the best of ......:t.I!.S.Ui:........................k~e. observation and belief. ....:s: .':Y. c..' ((\.'......... T..?.... T' and subscribed before ..... '.:. .............. ~~.~~................ :}.\.: ........ ... .((..~~tJ.I.;~:C,~~..... ....... ......... ....... ......................................................a............................ AFFIDAVIT OF DEATH COMMONWEALTH OF PENNSYLVANIA l ss: COUNTY OF CUMBERLAND ) ........................ .!Y: .0. !.~. 1':.! .1.!Y.......... .R.1.Y.......... .s...~. ~.. ~. .~. .~g.!................................................. being duly ................................................ says that as nearly as can be ascertained the said decedent .......................... ............................. .H.~. ~. ~ .~...........0. .1.6. !.~.Y.......... .~~. Y-:.~..~. ~~.~~..!.................................................. .died on ...... ..... I:l~!. N R A.I................ the ............ [i.. ~~........... day of ...... ...J..~!. NX............................. A.D., 19./ r, at or about ...............~.::..!..~.............. o'clock, !.t.M. .. . ~)~ .~Y: . g.J.~ . N.. .. .. ..t ~:.. .. .. . .. .. . .. .. .. . and su bscri bed this .................... f... .t.~~.................... day of . ./1..':'.. 0..~.~..t.. '1 f 19, ........, before \, 1€('"' ... ........V.....,~,:I'<................... Richard E. Anderson, Register <y;/'7 . /} " , , .If- ./.'-.1'1//./<1.11. .~:~:iI",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,1j -., r, ...:, '. ',- j '':'::'; .J '" 'i , '-' "~ 'l W ILL I, HAZEL MARY SWIGERT, of 33 West Willow Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM ONE. I direct that my debts and funeral expenses shall be paid from my residuary estate, as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM TWO. I give, devise and bequeath all interest I own in two cemetery plots, other than that required for my use, one each to my husband's brother RAYMOND CLYDE SWIGERT and to his wife MYRTLE SWIGERT in the event that either or both survive me. ITEM THREE. I give, devise and bequeath the rest, residue and remainder of my entire estate with all insurance on property to my husband NORMAN RAY SWIGERT if he survives me by 60 days. If my husband does not survive me by 60 days, then I give, devise and bequeath the rest, residue and remainder of my entire estate with all insurance on property to my trustee named herein to be held in trust by him or his successors for the following uses: A. In the event that my husband's brother LEE EVERETT SWIGERT is living at the time of my decease, I direct that my trustee pay to my husband's brother LEE EVERETT SWIGERT of Petersburg Road, Carlisle, Cumberland County, Pennsylvania, the net income only from the trust and no principal. B. I direct that my trustee hold, manage, invest and reinvest the trust estate, collect the income therefrom; and after paying all charges and costs of any kind properly payable by the trust, to apply and pay over the net income therefrom to or for the benefit of LEE EVERETT SWIGERT as set forth herein, and under the terms and conditions set forth herein. ~. In the event that my husband~s brother LEE EVERETT SWIGERT predeceases me, or in the event that my husband's brother LEE EVERETT SWIGERT survives me and then deceases during the existence of the above trust, I give, devise and bequeath my entire estate including the balance of principal together with all unearned or undistributed interest or income of any trust created by me and terminated by decease of beneficiary under this will, as follows: 1. To the niece and nephews of me and my husband and MARY LOUISE SHEARER, listed herein, to be divided equally among them all, share and share alike, with the share of any person so named who predeceases me passing to children of said deceased parent: CLARENCE MENTZER SWIGERT, born January 18, 1914; EVERETT LEON SWIGERT, Page one of four pages ,";" f- ;:-.. ~ '-.J J \l \) ,. \. '--'\-;, '\ ~"" ~ ,,~ "\. /".\ ~ ~\ ' \, /~.\" '..J .v I . .'" .iJi \) .J , \ r"'~ '''-''' born February 14, 1929; LOUISE ALDINE ALBRIGHT, born September 11, 1925; GERALS EUGENE SWIGERT, born September 27, 1927; PHILIP JAMES HUNTZINGER, JR., born May 26, 1927; PAUL LaMAR HUNTZINGER1 JR., born May 3, 1932; and MARY LOUISE SHEARER, born April 10, 1930. ITEM FOUR. I appoint my husband NORMAN RAY SWIGERT Executor of this my last will. Should he for any reason fail to qualify or cease to act as Executor, then I appoint MARY LOUISE SHEARER, Executrix of this my last will with the same duties, powers and discretions as if originally appointed. Should she for any reason fail to qualify or cease to act as Executrix, then I appoint COMMONWEALTH NATIONAL BANK of Carlisle, Cumberland County, Pennsylvania, Executor of this my last will with the same duties, powers and discretions as if originally appointed. ITEM FIVE. I appoint COMMONWEALTH NATIONAL BANK of Carlisle, Cumberland County, Pennsylvania, Trustee under the trust provi- sions of this will. ITEM SIX. Without limitation of the powers which are now or may hereafter be conferred upon Executors and Trustee, I hereby grant to my Executor with respect to any and all property, whether real or personal, of which I may be the owner at the time of my death or which shall at anytime constitute a part of my estate and to my Trustee with respect to any and all property, whether real or per- sonal, which shall at anytime constitute a part of any trust created hereunder, the following powers, in addition to those conferred by law without application to or prior consent or subsequent approval of any court or judicial authority, as follows: A. To invest and reinvest proceeds of any estate or any parts there- of or of any trust hereunder created through the purchase of any stocks, bonds or other securities which in their judgment and discretion they deem proper, expedient and for the best interests of my estate, even though the securities purchased shall not be of the character known as legal investments for trust funds and any statute to the contrary nothwithstanding. B. To continue in their discretion to hold either in trust or otherwise any stocks, bonds, securities or other property, real or personal, in which my estate or any part thereof may be invested at the time of my death even though they shall not be of the character known as legal investments for trust funds. c. To retain any real or personal property which may at anytime form a part of my estate as long as he deems advisableo D. To invest in any real or personal property without restriction to legal investments. Eo To keep reasonable amounts of cash In bank uninvested, if deemed Page two of four pages , ." advisable for the protection of principal. F. To purchase investments at premiums; to charge premiums to income or principal or partly to each. G. To subscribe for or to exercise options for stocks, bonds or other investments; to join in any plan or lease, mortgage, merger, consolidation, reorganization, foreclosure or voting trust and to deposit securities thereunder; and generally to exercise all the rights of security holders or employees of any corporation. H. To repair, alter, improve or lease for any period of time any real or personal property and to give options for leases. I. To sell at public or private sale, for cash or credit, with or without security to exchange or to partition real or personal property and to give options for sales or exchanges. J. To borrow money from any person including any executor or trustee and to mortgage or pledge any real or personal property. K. To compromise claims. L. To make distribution in kind. M. To add to the principal of any trust created by this will any '~ real or personal property received from any person by deed, will, ~ or in any other manner. y N. To employ legal counsel, brokers, custodians, accountants, investment counsel and other agents to act in their behalf, even if any of such agents are affiliated or associated with my Executor and Trustee or their successors, and to delegate to such agents discretionary powers and to compensate them for their services. ) ~ ~ o. To make payments of any income or principal applicable to the use of any minor during minority by making such payments in their discretion directly to such minor or to the guardian of such minor or the person with whom such minor resides or by applying such income or principal to or for the benefit of such minor, and the receipt of such guardian or the person with whom such minor resides or evidence of the expenditure of such income or princi- pal for the benefit of such minor shall be full and sufficient discharge for any such payments. ~ P. To exercise all power, authority and discretion given by this will after the termination of any trust created herein until the same is fully distributed. Page three of four pages ~t 4 ITEM SEVEN. All estate, inheritance, succession and other taxes, imposed or payable by reason of my death, and interest and penalties thereon, with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this will, shall be paid out of the principal of my general estate as if such taxes were administration expenses, without apportionment or right of reimbursement. ITEM EIGHT. and trustee performance I direct that my personal representative or guardian shall not be required to give bond for the faithful of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand '~-l._,<,.<>f~-f:.' ,in the year of our Lord one thousand ~. r .eventy-four. this SI day of nlne hundred and SIGNED '" ) ,I .. /-/-o'7.,.e/!:. / ~- }/'7/ /' ,. . ,~ " I €....-<'- ,.~. )' . I I ; ( -- . /:d/c ~'J -~ ? .( '-f The preceding instrument, consisting of this and three other typewritten pages, each identified by the signature of the Testatrix, was on the day and date thereof signed, published and declared by HAZEL MARY SWIGERT, the Testatrix, herein named as and for her last will, in the presence of us, who at her request, in her presence and in the presence of each other have subscribed our names as witnesses hereto. ( ~~"\ \ .. \. "'_. ...,' "'~ /~-'~ r;:-... NAME 1 U ~ ~ \~"'D~ \\-c Address ;f" / ; .' i ' __" . "" /' 0,\- . -"". . .' '\.-~. "--,' \ ( {Y--l /L<.,/;tt~ f ( ;7-Lf iff/(. t.-Lj,..~.~. ,"--~ NAME , ..) ~~\S~. \cA, 'I J Y f) f!-CL/..",o(.-:'... i 1../:1- fdl.l~g /)~L Address NAME Address Page four of four pages .'. ...