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HomeMy WebLinkAbout07-31-78 No. 21-7't~ 'I '" "'" "-it ...... II PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY in the Estate of --d~-<ffJ ~ .:::zrr~~) , deceased. To Richard E. Anderson, Register of Wills for the County of Cumberland, in the Commonwealth of Pennsylvania. IS Petitioner(s) are the executL l)c:'" named in the Last Will and Testament of ~ r ~L~~.A J dated ~.......!l ~ / 'f 73 Decedent was a citizen of the United States and a resident of Township Borough, Cumberland County, Commonwealth ~ of Pennsylvania. Decedent died on 7~. the / r day of ~_ .. , ~-~~-j--1 ~ , State of at the age of Y ~ years. AL~n the County of ~~c-J .I!GS Decedent has not been married and has not had children since the execution of the above described Will. Decedent was possessed of personal property to the value of llel . born to him ,...... 0/ ~~ ~~ and of real estate to the value of as near as can be ascertained; said real estate situated as follows apply _ Therefore, your petitioner(s) respectfully appl ies for the probate 01f the said Last Will and Testament and for Letters Testamentary thereon. Dated ..hL;..!" 3'. ~o78 Name and address of Petitioner(s) \~~ ~~X.u 7 c~,.eL/Sk.~ ~ /?cJ/3 , COMMONWEALTH OF PENNSYLVANIA! ss COUNTY OF CUMBERLAND r~) At cu~ nomed in above application, being duly --s?'L~ according to law sCIY(s) that the statements set forth in this petition are true to the be~st of ~ knowledge and belief. ~nd subscribed before ~~ <:::\ ~ ~ 19 78 me, ", 6 t:: ~~ ' ichard E. Anderson, Register Filed; ,~ :F'1Q' ~':, 1 S7P Attorney: S. #. A!!'~~<J' (j OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYL V ANIA~ SS: COUNTY OF CUMBERLAND Before me, the Register for the Probate of Wills and granting of Letters of Administration in and for the County of Cumberland, personally came .h.......h~..h. .hh h..h.hm.....hmh...m~...~m?!.d.~.m.. who, being duly .~ do ~ depose and say that as ...... . ..hh........h.. of the last Will and Testament of m..u~mmZ;mm..k?!..~mu.m.mu deceased ........c-::2f?___....h.h...h...... 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 Inheritances. ~~ subscribed befor(~ me. T, 1 T' ')1 '\ '7 p ......h/~.~:-:m.=:......hh.)--........----.h.... A. D., 19.1....... R~;l~uu?um~~.~.uuum ~+.~~"t.muu.u.uumuu.mum. ---......-...---....------....--................--........-......--..........---..--..---...............--........................--........ [~ ~j "':J I.L 0-: 0 ".; ~..' -;-.: -I ~ 0 0 ...J l!:l - c - ~ E ~ :-. .S c --0 " (l) --0 (\ ... 'i 0 u ~ (l) --0 eJJ c:: (,j (,j 0... DECREE 0:: 1'.: 0\ ..... r' c: -l C' t 00 ~ I 0 I!'"- Z (l) ..... (,j 0 ..... :Z; V> ~ <::c '"0 (l) - ~ . h 21::; t d f i~':.T11.;'''C A D 78 h Be it remembered t at on the .__.....h.____...__...... ay 0 __....hh......__...:,:........h...h...h.............., . ., 19.,......, t ere was probated and recorded the last Will and Testament of ..__.':.:?l;)....~.!...~:~~~.~~.';JL.........h........__.h......h____'h''''''__'''' late of h.h___.~~.~::~.~.]~..:?~:~'...:T..:~.T:.!:.~::.".~:LL..h...__...hh..m.h.....__.m., Cumberland County, Pennsylvania, Deceased. Letters ....................... :~.~ .':-. ::'.~~'~~~~: ~~.~.:. !:.J............. were granted to ... __...... ~~.~.!-'.~ .~. T~L:....0. .'.... :'!.~:!:. ~:;.~.:...~..................................... Witness my haod and oWcial seal the day and year aforesaid. J ~ ~ .... ..V.y(;..~...............:... --. :.. C.. -- .~.'.-~~ .~= m.... --......... Register. -... "'';1 OATH OF SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA 1 I I ss: COUNTk" OF CUMBERLAND /,..[/ '''.~'':''''~;'''~' ,...,q This _ ___ _ _ ___ _u_u_ _ __ _____u_ _____f_t_oo_:oo _ _00_ __ _ ____ ____oooou__ _ ____00_ _ _ day of _ _u _ _ _ ____u __ u_ _ ___ _ u_u':':_~: __t__ ___ ___ __ u______ _____ __ _ __ __ _ _. A. D., 19:00_._00, before role _ __ _00_ _00 00_ __u n.. ._._u_uu. n._ooun.uu._oo. _u. ~4_u__ - r for the Probate of Wills and granting letters of Administration in and for said County of Cumberland, in the Commonwealth of Pennsylvania, personally came ._.______n_____.~-uZ.-"'----.~---~~~-uu------------------oo ----------c:.~-------~-.---~--.-;--.~----------------..-----_.____.n___.___________________..__.._.._______.n__.____ the subSC;,? witnesses to the foregoing instrument of wliting purporting to be the last Will and Testament of nnn.'7'~nnn.z;...nml+!..~.nnnnnnmm.nn; Dated .~..oAn37n/.1!Z3 late of ___.____u_ _ ___. __._.__n__u_oo oo._____oon___oooooo_________u . Cumberland County, Pa., deceased who being duly ~oooo_____ according to law, depose and say, that __~oo-u------.---.---uu present, and saw and heard the testan~..nnnnmmn, mmm.~nz:.dJ~nm. 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 ___.._u._~.u__._________oo._uu______oooooo__uu was of sound and disposing mind, memory and understanding, to the best of ___..~oou-n-uuu.---------u knowledge, observation and belief. ~~___.___\.uu and subscribed before .mn\~:...mnm.mnnn. Register. . ~.. _ __ j.. _ _ _ _ _~/~:..f:....... _':~._ _ _ _ .-:::~: .:':... ;.<. _ ."'-...:. _ -a;;.. u _(..... _ ._~(n -.... -... - -il. - - -.. -- ~ -.. --~-'-=. - -~-- -:_~~,=--;~~ =';;"';' --...: -. - - /._;. - - - - - - - - - -- - - - -. - - - ~ ~.':~- - - - ~ ~ - - -. - - - - - - - --. -. AFFIDAVIT OF DEATH COMMONWEALTH OF PENNSYLVANIA I ~ ss: COUNTY OF CUMBERLAND J ._.__________,.___._.~-----..d.c:.-..u..-??!.~.n.-...--....-_._.......___.......... being duly .~~-u.-.--- says that as nearly as can be ascertained the said decedent oouu________u__._.u._____..u.u....u__ ~ . . ___.______L__~_____..~__._..._____Lt!~--.---.-------....-____._...u.n...__._________.___...____u.._...___.___..dtedon 7~~.~---------. the ___oo___.ooL._.r_.___________._ day of .__u..~.---u----.-.----u--oo.-oou--oo.--. A. D., 1900Zr at or about .u.oo_______y..u:_._~_a___oooo.oo_ o'clockA..M. ~~______u and subscribed this ") ~ " -I. d f .J,) J -,. _._____.00_ _. m._._.. .____}, ::'. _\i_ .__.__.u___. .___. ay 0 .___...__.:.,,____.______ m~~."~~~nnnn.nnn.mnn.mn Register. -, r."1i'~ LAST WILL AND TESTAMENT I, PAUL E. WYRICK, of Dickinson Township, Cumberland County, Pennsylvania, being of sound and disposing mind memory and understanding, declare the following to be my last will, hereby revoking and making void any and all wills heretofore made by me. Item I. I direct my executor to pay my just debts and funeral expenses as soon after my death as possible. Item II. I bequeath my automobiles, household and personal effects and other tangible personalty of like nature, including farm equipment and livestock, but not including cash or securities, together with any existing insurance thereof, to my wife, Virginia A. Wyrick, if she survives me by 30 days. Should my wife, Virginia A. Wyrick, not be living on the 31st day after my death, I bequeath such tangible personalty and insurance thereon to my children, Paul C. Wyrick, Daniel E. Wyrick, Corinne E. Wyrick and Yvonne S. Wyrick to be divided among them by my executor with due regard for their personal preference and in as nearly equal shares as practical. Any such article allotted to a minor may as my executor thinks advisable, either be delivered to the minor or any person to hold for the minor, or be sold and the proceeds paid to the trustee hereinafter set forth. Item III. If my wife, Virginia A. Wyrick, is living on the 31st day following my death, and if the Federal Estate Tax due ~ (~ .\1 ,"~\ ,;~,,'\.~ ) .~...~ "" ~, ~{,,\ '<~':\\ because of my death will be reduced by making this gift for her benefit, I devise and bequeath to my wife absolutely an amount exactly sufficient to reduce such tax to the lowest possible figure, including full use of the federal estate tax specific exemption and of any credits available to reduce such tax. The f'.",--..J chief object of this Item is to secure the full benefit of the -, . """. / ~-;\. t .J marital deduction allowable for federal estate tax purposes or any similar benefit available under the federal estate tax law in effect when I die. Accordingly, I direct that: A. If the marital deduction, or any similar benefit is allowable with respect to any property, including property held by entireties, which my wife has received prior to my death or at my death will receive otherwise than pursuant to this Item III. the value of such property shall be taken into consideration in calculating the size of the gift under this Item. B. No property ineligible for the marital deduction, or any similar benefit, shall be distributed to this gift for my wife, Virginia A. Wyrick, pursuant to this Item. c. Either cash or investments or both may be allocated to the gift under this Item. D. Any property allocated under this item in kind shall be valued at the value at which it is finally included in my gross estate for federal estate tax purposes, provided that the aggregate market value thereof on the date of allocation (plus the value as finally determined for federal estate tax purposes of all other property qualifying for the marital deduction) is at least equal to the dollar value of the marital deduction as finally determined for federal estate tax purposes. E. If any provision of my will shall result in depriving my estate of the marital deduction for federal estate tax purposes for this Item, such provision is hereby revoked and my will shall be read as if any portion thereof inconsistent with allowance of the marital deduction for federal estate tax purposes for this Item is null and void. Item IV. I devise and bequeath the residue of my estate of every nature and wherever situate, to the trustee hereinafter -2- ", \ ~',~ ~ ~ \c \l "'~~ ~'~~ ,"\ \ ,~> " I'"~ '\.. '\" ~ ',< ''''-. "0 ~:\ \ \'...J \\ \ \ j j named, In Trust, for the following uses and purposes: A. To pay the net income therefrom to my wife, Virginia A. Wyrick, for her life, in such periodic installments as trustee shall find convenient, but at least as often as quarter-annually. B. As much of the principal of this trust as the trustee may from time to time think advisable for the support of my wife to maintain her in the station of life to which she is accustomed at my death and after taking into consideration her other readily available assets and sources of income, or for the support and education (includi~g college education, both graduate and under- graduate) of my children after taking into consideration their other readily available assets and sources of income, or during illness or emergency, shall be either paid to her or them or any of them or else be applied directly for her or their or any of their benefit by trustee; provided, however, that insofar as practical no principal of this trust shall be paid to my wife or applied for her benefit as long as any principal remains in the marital deduction bequest created in Item III hereof. Any such distributions hereunder need not be equal. C. Trustee may apply the net income of this trust for the support of my wife, Virginia A. Wyrick, should she by reason of age, illness, or any other cause, in the opinion of trustee be incapable of disbursing it. D. Upon the death of my wife, Virginia A. Wyrick, or upon my death if she predeceases me, trustee shall distribute the then-remaining principal and any accumulated or undistributed income as follows without regard to earlier distributions of principal under Paragraph B: 1. If I have no child under the age of 25, to my then living issue per stirpes. -3- ,- , 'l'< ,""') , "- , "", ~ \, , .\.) '\. \l\ : :>,"~ \ ,:'~ \ '''. ' '0 ';j ~~J \J 2. If I have any child under the age of 25, In Further Trust for the following uses and purposes: (a) To distribute a fractional share of the net income to any of my children over age 25 and to accumulate and add to principal any income not so distributed, provided that trustee may apply the share of net income due any beneficiary should such beneficiary by reason of illness or any other cause in the opinion of the trustee be incapable of disbursing it. (b) As much of the principal and accumulated income as trustee in its sole and absolute discretion deems advisable for the support and education (including college education, both graduate and undergraduate) of my children (under or over the age of 25 years) after taking into consideration their readily available assets and sources of income, or during illness or emergency, shall be either paid to them or any of them or else applied directly for their or any of their benefit by trustee, and distributions to or for children need not be equal. (c) When each of my said children shall have attained the age of 21 years, trustee shall distribute to each such child 1/8 of the principal in the trust estate without regard or prior distributions to or for the benefit of any such child. (d) When I have no child living and under the age of 25, then this trust shall terminate and trustee shall distribute the then- remaining principal and accumulated or undistributed income to my then living issue, per stirpes, without regard to prior distributions to or for the benefit of children under paragraph 2(b). Item V. All federal, state and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether or not passing under this will, in- cluding any interest or penalty imposed in connection with such tax, shall be considered a part of the expense of the administration of my estate and shall be paid from my residuary estate under Item IV without apportionment or right of reimbursement. All such taxes on present or future interests shall be paid at such time or times as my executor or my trustee may think proper, regardless ~':<'~, ,~ of whether such taxes are then due. Item VI. The interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or in- voluntary alienation. Item VII. My executrix, executor, trustee and guardian shall have the following powers in addition to those vested in them by law and by other provisions of my will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval, and effective un- til actual distribution of all property: A. To retain any or all of the assets of my estate real or personal, including stock of my corporate fiduciary without regard to any principle of diversification or risk. B. To invest in all forms of property, including stock, common trust funds and mortgage investment funds whether operated by my corporate fiduciary or others, without restriction to investments, authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any princi- pIe of diversification or risk. C. To sell at public or private sale, to exchange, or '-, \y to lease for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such . . ~ y ~ \ ~ V prices and upon such terms or conditions as they deem proper. D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. ~ E. To borrow money for any purpose, including the right to borrow from, or to sell to, the trustee under my inter vivos trust mentioned above, even though trustee may be my executor. F. To receive assets through my wife's will and/or -~ .. from any insurance proceeds made payable as a result of my death or that of my wife's G. Trustee may, in its discretion, loan from the trust estate to any of my children beneficiaries such sums as from time to time trustee may consider necessary or desirable, pro- vided, however, that said sums must be made under such terms and conditions that will ensure their repayment or be considered as an advancement toward the ultimate share that any child would receive under the trust. Item VIII. I appoint Commonwealth National Bank of Carlisle, Pennsylvania, trustee of any trusts created by this my last will. Item IX. I appoiunt my wife, Virginia A. Wyrick, executrix of this my last will. Should my wife, Virginia A. Wyrick, fail to qualify or cease to act as executrix, I appoint Commonwealth National Bank of Carlisle, Pennsylvania, executor of this my last will. Item X. My corporate fiduciary shall be entitled to com- pensation based on its regular schedule of fees for such services in effect from time to time during the period over which its services are performed. Item XI. I direct that my executrix, executor, trustee and guardian shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and ......; r] /--;2?~ / seal this the ,_;(~? day o:t----, . -l-~~/ ,1973. /- /7,,/ f (/ 'c't- ,.,A/ .. . ,; /C"-C J;?c..-C_ , (SEAL ) Signed, sealed, publish~dan dec -a:r;.e by the above named testator as an4/1or his last will and testament, who at his request, in his presence, in our presence and in the presence of each other, have hereunto subscribed our names ~s attesting witnesses: \ A!...... . ---------- - v l.. /-(.1'.-/" -'" )/f.,\ \"_._ t' _ ---?)>C - , ....). __ ; ,'-.../ //'; d. /' r:...c.LZA /./7 - ( ~ r /~7L J ' , r'>:_