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HomeMy WebLinkAbout03-06-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Lois H. Adams File Number 21-08- ,;(f53 also known as , Deceased Social Security / Petitioner(s) who is/are 18 years of age or older, apply(ies) for: [Xl A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the _Executors_ named in the last Will of the Decedent dated July 26, 2007 and codicil(s) dated N/A (state relevenat CIrcumstances, e.g. renUnCiatIOn, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: [ l B. Grant of letters of Administration (lfapplicable enter: c.t.a.; d.b.n.c.t.a.; endente lIte; durante absentia; durante rrunontate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spou~e...(if any) and ~rs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~~ 0 g_c Name Relationship ReSidence .~~ =? ::: I ;.~~ ~ _.c' :::.0::" :r: J) 'i ~"j N Decedent then 71 years of age died on 2/24/08 at Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: 615 Woodland Avenue 10,000.00 120,000.00 ence OIS . arner 611 West Pine Stree Paul A. Adams 50 Parker Stree Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corn: to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. ~()~ Lois A. Barner ~~~~~J - ~ 7- , '~=: - :~~ ~ ~ ~~~:::; ~ 'PI' '. t .; ':~~-; - i~;~l -^( -, .': - : ::0 Q""\ . (j);:"::' Sworn to or affirmed and subscrib d before me this 't/1 ,) For the Register I.. .J ~ "1 , C J File Number: !) I-o~ -853 ,,-~. ...--, " ~=~ -n ~ ) :~ n -...~ , Deceased -0 ,~-- Estate of Lois H. Adams I)? o f'.) Social Security Number: Date of Death AND NOW , 20_in consideration of the Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Lois A. Barner Paul A. Adams in the above estate and that the instrument(s) dated July 26, 2007 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) JJtttJdDI ch~LC ~\1cMb~ . Register of Wills ClJVv) FEES Signature Attorney Name Robert G. Frey Letters Short Certificates Renunciation JlJJO.{j() ~.(j(J Sup. Ct. I.D. No 46397 wfH jeP fn;-l (; rn crt} th { ~'oU dJ . ()0 15.(JO Address: 5 South Hanover Street Carlisle, Pennsylvania 17013 Telephone: (717) 243-5838 J q 'C. t7() TOTAL. . . Page 2 of 2 81 ~ (; C-(JCK>3 O".~O" REV IOJ/071 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. This is to certify that the infOlmation here given i~ correctly copied from an original <?ertificate of 1?~att duly filed with me as Local RegIstrar. The ongl~a certificate will be forwarded to the State VIta Records Office for permanent filing. ee for this certificate, $6.00 P 14125960 .~. ~~E~ 26/'liJ08 Local Registrar ' Date Issued Certification Number C) (;0 --~:D 1-\" : i~ C") :--?F~ . :'1:) --:" ,.':jS.~ ,U ::.! --I \ HICJ5.143 REV 11/2al6 lYPEl PRINT IN PEIlMANEHT IIl.ACK INK COMMONWEALnI OF PENNSYLVANIA - DEPARTMENT OF HEALnI- vrrAL RECORDS CERTIFICATE OF DEATH (See Instructlon8 and elUUllpl.. on reve....) , \ 12. WII DadIn _ n" us. Annod Fap? 0.,. ~IID 0ICIdInI'I ~ IlIIidIrlCII 17L SlIIt 17e. m ...... DIciDnllMdn 0 17d. 0 No, o..in 1Md... kIuII LRIII a/ 7. nl..... ar 25, 1936 Id. Fdy NImo (I nat...." Ill- "'1III1UlIIlIIl '615 Woodland Ave. rn Q) .roj 0. o o o 11. DadInI'I UIUII Clert~l II. ~.....AddI.- (8II'III,.cIJ I laWn, .... ~ cadi) 615 Woodland Ave. . Mt.Holly Springs, Pa. 11. Fdln NImo \RII. .............., Richard F. Hartzell 17065 17b. 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No. d (- 0 J ~ 363 OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Lois H. Adams ,Deceased Robert G. Frey & TrishaA. Liess , (each) a subsribing witness to the [] Will [] Codicil presented herewith, (each) being duly qualified according to law, depose(sJa say(s) that she / he / they was / were present and saw the above Testator / Tesatrix sign the same and that she / he / they signed as a witness at the request of the T tator / Testatrix in her / his presence and in the presence 0 r;--d 5 South Hanover Street (Street Address) 5 South Hanover Street (Street Address) Carlisle, PA 17013 (City, State, Zip) Carlisle, PA 17013 (City, State, Zip) Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed , before me this U i-t\ day of '\\.A.rJ (( ~ , 20 () ~ Sworn to or affirmed and subscribed before me this day of ,20 lls Notary Public My Commission Expirees: (Signature and Seal of Notary or other offical qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Cj ~~ !.::;,::c.) "1> r- , '~.~ j!j ;;<: C) --,-1 :!2 i5? C> "-.) _1,,) I2 --I ~) C~ e-"'O ~ :c:. :;:;.0 I ~ -( LAST WILL AND TEST AMENT OF LOIS H. ADAMS ~; I, L?IS H. ~DAMS widow, of South Middleton Township, Cumberla~50unty,~~ PennsylvanIa, (maIlIng address; 615 Woodland Avenue, Mount Holly S~r~, PA ~,~"" 17065), being of sound and disposing mind, memory and understanding, do herell~ke, ~ publish and declare this as and for my Last Will and Testament hereby revokill~~nd 0'"\ making void any and all Wills by me at any time heretofore made. c':" ,-j c-/ -r; _ "t~,d -~.71 ~ ~ :--) t~5 r~ 1. I direct my hereinafter named Executor or Executrices to pay aij.):of my just debts and funeral expenses as soon after my death as may be found conveni€nt to do 'Z so. I further direct that all inheritance, transfer, succession, estate and death taxes, including interest and penalties thereon, which may be payable on account of my death shall be payable from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 2. I declare that I am the widow of Albert E. Adams, Jr., and that I have six children, LOIS A. BARNER, ROBYN A. PORTER, PAMELA C. RUTTER, MARGIE A. SHENK, ALBERT E. ADAMS, III, and RICHARD E. ADAMS. I further declare that I have one stepchild, PAUL A. ADAMS. It is my intent that my said stepchild shall be treated as if he were a child of mine. 3. If at the time of my death I still owe my daughter, LOIS A. BARNER, the sum of $3,000.00, the money is to be paid to her from the residue of my estate prior to any gifts or devises which I have made below. 4. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath as follows: (a) I give devise and bequeath 10% of the remainder of my estate to the Mount Holly Springs United Methodist Church, 202 West Butler Street, Mount Holly Springs, Pennsylvania. (b) I give devise and bequeath 90% of the remainder of my estate in equal shares to such of my children and stepchild as shall survive me by a period of ninety (90) days, the share any deceased child would have received to pass to his or her issues, per stirpes, and if there be no such issue such share shall lapse and be added to the remaining share or shares. At the present time I have six (6) children, and one (1) stepchild as aforementioned. 5. Should any person less than 21 years of age be entitled to distribution from my estate, in such event the share that person would otherwise have received shall be paid to my hereinafter named Executor in trust. I authorize the herein named Trustee to receive and invest the same and to pay the income arising therefrom together with so much of the principal thereof as in his or her opinion is necessary or desirable to be expended for the proper maintenance, support and education of such person to or for the benefit of such person and upon such person attaining 21 years of age to pay to him or her the then remaining principal together with any undistributed income. 6. I hereby nominate, constitute and appoint my daughter, LOIS A. BARNER, and my stepson, PAUL A. ADAMS as Co-Executors of this my Last Will and Testament, but should either of them predecease me or fail to qualify as such, then the surviving person shall act alone as Executor, and I further direct that neither of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 7. In addition to the powers conferred by law, my hereinbefore named Trustees and Executors and their respective successors, are empowered: a. To invest any part of the trust corpus in such seCUrIties, investments, or other property as may be deemed advisable and proper, irrespective of Page 1 013 ~ -I' whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to anyone or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary Page 2 of3 .~ or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on three (3) pages, this 16. #-day of 5(.) 17 ,2007. ct~ U ado/rllA LOIS H. ADAMS (SEAL) Signed, sealed, published, and declared by LOIS H. ADAMS the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. Page 3 of3