Loading...
HomeMy WebLinkAbout04-10-08 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Margaret H. Noyes also known as File Number ~ 1- Of ;' 0'-1 I () . Deceased Social Security Number 236-56-3050 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~' or 'B' BELOW:) III A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the Executor last Will of the Decedent dated August 19, 1998 and codicil(s) dated N/A named in the (State relevant 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: No exceptions o B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list ofheirs.) Name Relationshi = -0 ::0 i~3 -~Q C') P'l :).._j C:.J t", ~;:~ ;~ , : .') ~~; .'-f"-' :~}. }? r- ~.-:: :::0 ;j)~ (COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary. Cj 0 ")O-n Decedent was domiciled at death in Cumberland County, Pennsylvania with his / her last principal reskk?~ at 10 Pine Circle. Newville. Township of West Pennsboro. Pennsvlvania 17241 'n-l (List street address, town/city, township, county, state, zip code) J> C> -0 ::x r:l .a;- CO Decedent, then 78 years of age, died on March 4, 2008 at Green Ridge Village. 210 Big Spring Terrace. Newville. Township of West Pennsboro. Pennsvlvania 17241 Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ $ $ $ 100,000.00 situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: T ed or rinted name and residence Paul R. Noyes, 10 Pine Circle, Newville, Pennsylvania 17241 Form RW-02 rev. /0./3.06 Page 1 of2 Oath of Personal Representative COMMONWEAL TH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct 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. Sworn to or affirmed and subscribed before me the lOth day of fffHhru <<1bu For t egister ,-:Y' File Number: cQl-08-04/0 (") c::o .'- II ~.~ ="Q 0 ;)~;; ,- .'.7rn <-" ::0 U);:<::: 00 ..') ()., , :)(= " _0 "o-i ::r> r--;) = ~ co :r:- -0 ::::0 Signature of Personal Representative C) -0 :x .~.l~) ~~~~ rr' r~.l ::L CJ c:> -01 ~c:~ ~ 1--'- (.'": t) "~ f:', Signature of Personal Representative r:? ,f:'" CD Estate of Margaret H. Noyes , Deceased Social Security Number: J..3&'- 5iP - .3DP)D Date of Death: March 4,2008 AND NOW, J ()tn Dt Ar-.r::lJ ' /:2m g , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Paul R. Noyes in the above estate and that the instrument(s) dated August 19, 1998 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. Letters $ c2/0, 00 60.00 Attorney Name: FEES 1.iliJJ '" CF Po l-\1xi'o .1::illYL Short Certificate(s) . . . . . . .. $ Renunciation(s) .......... $ Inventory . . . $ ~ Inheritance Tax $ ~ ...$~ .. . $ 10. 00 .. . $ 5.CD $ $ $ $ TOTAL .............. $ Attorney Signature: Supreme Court I.D. No.: 23135 Address: Heckscher, Teillon, Terrill & Sager, P.C. 100 Four Falls Corporate Center, Suite 300 West Conshohocken, PA 19428-2893 State Computer Fee ~ 300.00 Telephone: 610-940-2600 Form RW-02 rev. 10./3.06 Page 2 of2 p, r'..:;.~'''<: '.~T-'\' ;2( - 0'"'5 - () ll/ C LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 14126182 Certification Number \ This is to certify that the information here given is correctly copied from an (,riginal Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for rerrnanent filing. ~. ~bl-~' 4/2008 Local Registrar Date Issued (") c:o 'J~ . '::Co '.,')>1'-- '7rn '..", ::.0 (j) ^ .---.0 0,. C :D -----i J1 ~ c::::t c::::t c:o > -0 ::0 ::D -":'''~ fTl l-::-:!';;i C'-) C;') (_) ~~~3 t~~:"~ r~--t I--:'r:"t ~J:'; C:J C) -0 ::J: ~ .s:- eD r"") "1'-:1 .' "1' -- ("') fT1 " H105.143 REV 1112006 TYPE I PRINT IN PERMANENT BlACK INK COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (See Instructions snd exsmples on reverse) STATE FILE NUMBER 1. Name of Decedent (First, mIddIe,Iast,mll) '.Age(LaslBirlhday) 78 Vos. ,".. Coooly 0/ Death . 'I . Cumrerland 11. Oecedent's UsuII dWOlkdone pers~no/:r Dir. . 16._.-.g_ISlroot,cltyl_._.z;pcode) 10 Pine Circle Newville PA 17241 12. Was Decedent ever In the U.S. Armed Forv? Dves ~ _. ActualRe&idBnce 17aState PA 17b.Co",~ Cumberland 18. Father's Name (Rrsl, n>>dcIe, lasl, suffix) 19. MoIher's Name (First, mldIie. maiden surname) Allen L. Hendricks 208. Informanfs Name (Type I Print) 21a Method 01 Dillp08ilion o ~ ~ 2S'-";;;;-~rth'i;year) ZW8' CAUSE OF DEATH (See InatructIone and eXllmples) lIem'Zl. Partt Enterlhe~-diseues, injuries, OI'oompIIcalions-thetdrectlyClusedlhedll8lh. 00 NOT enlerlenni1al fMIIl4! such 8lI can:llac arrest. retpiral:ory arrest. or wntrioJarfibr1latlon wIIhoul showing !he etiology. Usl <Dy one C8U!8 on each h. lIems24-26lTll.81be~byptl'5on whopronooocesd8alh. _""""" Onsello Death ==;=)~ c.4z.P 10m t"aPAn-t-y Ae~I~c=l.S ISCl~l C I~ /0 ~ 7"4> .. ''''''1010''''~ b. Due to (or as a consequence 01): _"'condIliona,Wany, IBadnato1heClUStlsl8donlinea. EnI8r h UHDERLYWQ CAUSE =-~":..."\'m-rlho Due to (or as a consequence 01): ~. Was an AWlpsy - d. "".Wa..AulopayAndlogo AvaiablePrlortoCompletion of Cause d Death? Dv.. [3<""' 32d. TIme 01 Injury 31. Manner ol Deslh ~"" D- DAccldaIl DPondingI..-tioo Ds.- DCouIdNolbe__ Dv.. .. .. @ :g o ~ 33a. Certifier (check only one) . Certlfylng phy.lclen (PhysIcIan certlfying cause of d9aIh when another phy&lclan has prtlrIWlC8d death and oompIetlld Item 23) To the.. of my knowledge, delIth occurred due too. cause(s) 8nd manner.. slated.. _.................. _.. _.............. _.......... _........_ . =:=~:~::-;::=~~tac.~~o~=~:-:mannen"laled......_................_..__.._ D . ~:~~c: and lor InvestiQltlon, In my opinion. clealh occurred atltle Ii"", dale, and pIKe, 8IId due to the cause(a)1Ihd manner aa 8lat8d... D - 3050 'DitJ";'"J.c"7;da";l 20eJ 8 anal 10. Race: American IncIan, BIBck, White, ele. i_ White 14. ~~~ Manied, 15. Surviving Spouse {II wile, {jve maiden name) Married Paul R. Noyes 17cXJV8s,DecedentUvedln WA!::t- P,:t.nn!::hnrn 17d. D No, Dacadant LJwd_ Actual limlls of TWO. CllyIBoro PA 17241 21d.localIon(CIyI__.z;p_) Mt. Holly S PA e Inc. 15 Big 23b. Ucanse ...- ;(N)''J..t{S9~-1- Spring Ave. 230. Data S_I_h, day.108tJ mAl-rei) L/ 2-0cJ 8 28. Wu Case Refet'l'8d to Medical Examiner I Coroner 10( a Reason Other than Cremation or Donation? Dv" lllJNo Pat1Il: Enter other simlflcanl cmditionlr; conIributlnlI to dRaIh 28. Did Tobacco Ute Contribute to Oealh? bulnol.....oilg.lhoundaflyingcausa...n.P'"L D Ves D"'- D No D Unknown 29. II Female: DNolp'"ll'\lHll"lhinpastysa, D P_"'mao/deslh D NotP'"ll'\lHll,"''''''''''''_n42days IIdeslh D Nolp_...._""43dayslotysa' baIo<adeslh D Unknown Wp__lho past year 32e. Place ollnjury: Home, Farm, Sreet. Factory, OIlIca""Iding,etc.(SpoOIyI 32g. location of Injury (Slrael, city flown, state) 33d. Date Sign8d (Month,tIay, year) -~ 3 - '1'-as. :c' \.SV>a~~~&..-t"~ I O!ll la I \ 101 34. Name and AddItlSS of P8l'IIOI'I Who Completed ~ 9J Dealh (Item 27) Type I Print p=> ~/oJ. I..,...,.,..,......~ if I"i 6u.o ~ .. M,Lf"i.&...lO ,..,~ /?3~ DIsposKion PermK No. () 19 :?:'.-\-b~ I, MARGARET H. NOYES, of Newville, Cumberland County, Pennsylvania, make this my will, hereby revoking all prior wills and codicils. FIRST: My executor shall distribute my automobiles and articles of personal and household use, equipment and ornament and all insurance thereon in accordance with a memorandum left by me for that purpose (dated the same date as or prior to this will) and I authorize my executor to probate such a memorandum as part of my will. I give any items with respect to which I have not made reference in any such memorandum to my husband, Paul R. Noyes, ifhe survives me. Ifhe does not survive me, I give the same to my daughters who survive me in such substantially equal shares as they shall agree or, if they cannot agree, as my executor shall determine. SECOND: I give all the rest of my estate to my trustee to hold and/or distribute the same and any assets which the trustee receives from other sources as follows: A. If my husband, Paul R. Noyes, survives me the trustee shall distribute to him, outright, such fractional share (if any) of the principal as is determined in accordance with the formula set forth in paragraph A. of the next Item of my will. B. The trustee shall hold and/or distribute the remaining fractional share of such principal, or the entire principal if my husband does not survive me, as follows: (I) The trustee shall pay the net income to my husband for life. (2) The trustee shall have the sole and absolute discretion to distribute principal to anyone or more of my husband and my issue for the beneficiary's education and support and maintenance in health and reasonable comfort. l"-.) My husband shall have the non~lative ~ ..~ ..;.J .,.'" power once each calendar year upon his written request to withdraw an amount frorrip~~al ;g i"",-) ~-~ I,., _ ~5:::r:J 0 --...... :_-) ~ -u , :-x , :J3 -I ~ (3) N 2; c:-) ~~~ ';.::J CJ ,'-'} ,- I ~i'1 _.- -rl :i ~ ('"5 r:-::: rol '....':).0 -"l1 ..c:- oo not exceeding the greater of Five Thousand Dollars or Five percent of the principal based on its value at the time of the withdrawal. This power shall lapse each year upon the first to occur of (i) the exercise of the power in any amount, (ii) the end of the calendar year if my husband does not exercise such power, or (iii) in the year of my husband's death, upon his death ifhe did not previously exercise such power. (4) Upon the death of my husband or upon my death if my husband does not survive me, the trustee shall divide the remaining principal into as many equal shares as there are daughters of mine then living and daughters then deceased represented by then living issue. They shall transfer one share per stirpes to the then living issue of each of my deceased daughters and one share to each living daughter. (5) If at any time there is no living person entitled to the income or principal in accordance with the foregoing provisions, the trustee shall transfer the remaining principal as follows: (a) Fifty percent (50%) thereof to Old Pine Community Center, 4th and Lombard Streets, Philadelphia, Pennsylvania. (b) Twenty-five percent (25%) thereof to Third, Scots and Mariners Presbyterian Church (commonly referred to as "Old Pine Street Church), 4th and Pine Streets, Philadelphia, Pennsylvania. (c) Twenty-five percent (25%) thereof to Centenary College, Shreveport, Louisiana. THIRD: The following shall apply to the marital share under paragraph A. of the immediately preceding Item of my will: A. The principal of the marital share shall consist of that fractional part (if any) of the principal passing under said Item, undiminished by death taxes, which, if my executor were to elect to qualify the share in full for the marital deduction and if my - 2 - husband were to disclaim no part of the share, would be exactly sufficient but no greater than necessary to reduce the federal estate tax imposed by reason of my death to the lowest possible amount. Although the calculation of the share is intended to result in the full utilization by my estate of the unified estate and gift tax credit and any other credits allowable in my estate under the provisions ofthe Internal Revenue Code in effect at my death, I specifically direct that if state death taxes payable by my estate would be increased by utilizing the state death tax credit the marital share shall be increased to the extent necessary to eliminate such increase in state death taxes. B. Nothing in my will shall limit the discretion of my executor to make the elections now or hereafter permitted by the Internal Revenue Code with respect to the date for valuing the assets of my estate and the deduction of administration and medical expenses as income tax or estate tax deductions. C. Only assets or the proceeds of sale of assets which qualify for the federal estate tax marital deduction shall be allocated to the share. FOURTH: I expressly refrain from exercising any power of appointment I have under any will or trust. FIFTH: Income of any trust hereunder accrued but not on hand at the death of an income beneficiary shall not be distributed to the estate of the beneficiary but shall be distributed to the succeeding income or principal beneficiary or beneficiaries. SIXTH: Any principal or income to which a beneficiary under the age of twenty-five (25) years becomes entitled absolutely under the foregoing provisions may nevertheless be retained by the trustee in trust for the beneficiary until the beneficiary attains the age of twenty-five (25) years and income may be accumulated and invested in accordance with the investment powers given my fiduciaries. The trustee may apply such part or all or none of the income and principal as the trustee may determine for the education, support and welfare of - 3 - the beneficiary, by the payment of bills therefor, or by direct payment to the beneficiary, or by payment to any person selected by the trustee to disburse such funds, whose receipt shall be a complete discharge of the trustee therefor. If the trustee determines that it is impractical to administer a share hereunder, the trustee may, in discharge of all duty hereunder deposit it in an interest-bearing account in the name ofthe beneficiary, with or without restrictions on withdrawal prior to age twenty-five (25), as the trustee shall deem appropriate or may pay the share to the parent or other person having custody of the beneficiary. All funds not paid to or applied for the beneficiary in accordance with the foregoing provisions shall be paid to the beneficiary at age twenty-five (25) or to the beneficiary's personal representative in the event of the beneficiary's death prior to age twenty-five (25). SEVENTH: My husband shall have the right to occupy rent free for such periods of time in any year as he may desire any residence owned by me at my death. All costs of maintaining the residence, including but not limited to real estate taxes, water and sewer rents, insurance premiums and costs of repairs, shall be charged to the principal or income, or to both, of my estate or the trust in which the residence is held, as my fiduciaries shall in their sole and absolute discretion determine. No residence held hereunder shall be sold without the written consent of my husband. If pursuant to his consent my fiduciaries sell such residence, my husband may require my fiduciaries to apply all or part of the proceeds to the purchase of another residence. Any residence so purchased shall likewise be subject to the foregoing provisions. EIGHTH: Until actually distributed to the beneficiary no principal or income of my estate shall be liable for any debt, contract or engagement of any beneficiary nor liable to any legal process, nor subject to assignment, transfer or anticipation. NINTH: All estate, inheritance and other death taxes and any interest and penalties thereon imposed by reason of my death on property passing under my will shall be paid out of the principal of the property passing under Item Paragraph B. ofItem SECOND. - 4 - TENTH: I give my executor and trustee the following powers during the administration and until the completion of distribution of my estate and any trusts created, in addition to any powers given them by law, which they may exercise in their sole discretion and without court approval: A. To retain and invest in all forms of real and personal property, including stock or common trust funds of any corporate fiduciary, without restriction to investments authorized by law. B. To join in any merger, consolidation, reorganization, voting trust plan or similar action, and to delegate discretionary powers or duties with respect thereto. C. To sell at public or private sale for cash or credit, to exchange, or to lease for any period of time, any real or personal property, to give options for sales, exchanges or leases and to allocate premiums from the sale of options to income or principal. D. To take any and all action which the fiduciaries deem necessary to prevent, abate, "clean up" or otherwise respond to any actual or potential violation of any federal, state or local law, rule or ordinance affecting any property held in my estate or in any trust created under my will related to the generation, use, treatment, storage, disposal, release, discharge of, or contamination by, any materials or substances that are prohibited or regulated by federal, state or local law or that pose a hazard to the environment or human health, and to charge the expense thereof to principal or to income or partly to each. E. To borrow money from anyone, including a fiduciary hereunder, and to mortgage or pledge any assets as security therefor. F. To compromise or settle claims without obtaining the consent of any beneficiary. - 5 - G. Without court approval, to disclaim in whole or in part any present or future interest, vested or contingent, to which I or my estate may be entitled, including but not limited to a possible future right to take in default under an unexercised power of appointment. H. To make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share, giving consideration to such extent as my fiduciaries determine to the federal income tax basis of such property. 1. To apply any payment of income or principal to which an individual beneficiary is entitled hereunder directly for the benefit of the beneficiary or to pay it to such person as my fiduciaries select to disburse it for the benefit of the beneficiary. The receipt of the person so selected shall be a complete discharge of my fiduciaries therefor. J. To join with my husband or my husband's estate in filing income or gift tax returns for any year for which I have not filed such returns prior to my death and to consent to any gifts made by my husband as being made one-half by me for gift tax purposes, even though such action subjects my estate to additional liabilities. K. To repair and maintain any real or personal property and to charge the expense to income or principal. L. To apply to income or principal any corporate distribution which is described or designated by the corporation as a stock dividend or as a distribution which may be received either in cash or in shares of the corporation at the option of the holder. M. To merge for investment purposes only the several separate trusts and to allocate to each trust an undivided interest in any or all of the assets held. - 6 - N. To arrange for custodian, accounting and/or investment advisory services without diminution of compensation otherwise properly payable to my fiduciaries and to charge the expense thereof either to principal or to income or partly to each. O. To register investments in nominee name or to hold investments in bearer form. P. To combine the assets of any trust hereunder with those of any substantially similar trust for the same beneficiary or beneficiaries under another instrument, either by transferring such assets to the trustee or trustees of such trust for further administration, accounting and distribution as a part of that trust or by accepting from the trustee or trustees of such trust assets thereof for administration, accounting and distribution as part of a trust under my will. Q. To make any election permitted by the Internal Revenue Code with respect to the date for valuing the assets of my estate, with respect to claiming administration and medical expenses as income or estate tax deductions and with respect to any other income, estate or gift tax option, without making any compensating adjustments between principal and income and between beneficiaries or trusts in consequence of such elections. ELEVENTH: With respect to all life insurance policies payable to my executor or trustee: A. In case of controversy or litigation over the collection of the policy proceeds, the fiduciaries are authorized to compromise or settle any such matter. The fiduciaries shall be under no obligation to institute proceedings to enforce payment of the policies unless the fiduciaries shall have been indemnified to the satisfaction of the fiduciaries against the expense of litigation. - 7 - B. The life insurance companies shall have no responsibility to see to the performance ofthe trusts herein created. TWELFTH: The word "issue" as used herein shall include persons adopted during minority and their issue as well as blood descendants. THIRTEENTH: Ifmy husband and I shall die under such circumstances that it cannot be determined with reasonable certainty which of us died first, then my husband shall be conclusively presumed to have predeceased me. FOURTEENTH: Wherever the trustee has discretion to determine whether or to what extent principal or income shall be distributed to or used for the benefit of a beneficiary, the trustee may but need not necessarily consider the resources and sources of funds available to such beneficiary. FIFTEENTH: A. I appoint my husband, Paul R. Noyes, executor and trustee. Ifhe is at any time unable or unwilling to act or continue to act, I appoint my daughters, Caroline R. Noyes and Martha H. Noyes, executors and/or trustees in his place. If either of them is unable or unwilling to act or continue to act, I give each of them the power to designate her own successor by a written designation, including her will, and I give their successors so designated a like power. Once more than one is acting, the words "executor" and "trustee" shall be deemed to include all persons acting from time to time. B. No executor or trustee serving hereunder shall be required to enter bond or other security in any jurisdiction. IN WITNESS WHEREOF, I have set my hand and seal unto this my last will, - 8 - containing nine (9) pages. Dated: !I /1 I!:f /99 / / ~ ~ ,.o--k?'f- ":n~L) MARGA T H. NOYES SIGNED, SEALED, PUBLISHED AND DECLARED by MARGARET H. NOYES, Testatrix above named, as and for her last will and testament, on the day and year last above written, in the presence of us, who at her request, in her presence, and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses. Name Address /<~~Arff7 . -7c [YIQ<, (0)1-1 ''2 T-7 / It) 1- / L f /" I / {l . I i _ . , ." J, j'~ ? / /AI lI'9i1 _'-' .]-1(; ,_'ii', J';4 / ?( l~ -u )(1 ~\(h,- \ 1" \ . .)(', \ - % TrL ll,{) Ih~A .5f, fo r I,~ (Q---;'.-ll 015)1 ~ KRISTEN ;J. WARW A\JE~YN % FIC I W E3 T Hietf ST, C A It LIS If f>A 170 I~ I - 9 - COMMONWEAL TH OF PENNSYLVANIA ~ ~ ___ / .e.. -~.(..., . COUNTYOFr~--~ -- SS ..r"Y" - .3 0 t5~ z..~t--&;) - We, MARGARET H. NOYES, , the testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix executed the instrument as her last will, that she executed it willingly, that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as witness and that to the best of their knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~::~ ~W~ ;{7rff~S(7Yl~ Witness / /~~1CX.? ,. Witness ~~ I /(\/.) () '''"'. ~" _ !.(s:_ ~~UJ~ . tness Subscribed, sworn to and acknowledged before me by MARGARET H. NOYES, the testatrix, and subscribed and sworn to before me b~ 1~'YJaSSO~ I VV o..nrJp., 'D"'J.l. I jLnf>/ul Wff,,'fVVQ<flSYr1 ' witnesses, this ff day ofl "(1-- . , 1998. t!LYf!i/).c~ My commission expires: Notarial Seal Kandy L. Coyle, Notary Public Carlisle Bore, Cumberland County My Commission Expires July 1, 2002 Member, Pennsylvania Association of Notaries