HomeMy WebLinkAbout7-10-08Register of Wills of Cumberland County, Pennsylvania
INVENTORY
Estate of ZELDA IONE HUGHES
also known as
No. 21-07-1006
Date of Death OCTOBER 9, 2 0 0 7
,Deceased Social Security No. 19 5 - 0 7 - 912 5
Personal Representative(s) of the above Estate, deceased, verify that the items appearing in the following inventory include all
of the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that
the valuation placed opposite each item of said Inventory represents its fair value as of the date of the Decedent's death, and
that Decedent owned no real estate outside of the Commonwealth of Pennsylvania except that which appears in a memorandum
at the end of this inventory. I/We verify that the statements made in this Inventory are true and correct. I/We understand that
false statements herein are made subject to the penalties of 18. Pa. C.S. Section 4904 relating to unsworn falsification to
authorities. I
Name of KEVIN M. SCOTT, ESQUIRE
Attorney:
I.D. No.: 70322
Address: P • O . BOX 12 91
HARRISBURG, PA 17108-1291
Telephone: ~ 717) 2 5 7- 7 5 51
Description Value
REAL ESTATE: 0
PERSONAL ESTATE:
See Schedule "E" Attached 3,482.27
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TOTAL
(Attach Additional Sheets if necessary)
3,482.27
142581.16/24/08
REV-1508 EX+ (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
RESIDENT DECEDENT
SCHEDULE E
CASH, BANK DEPOSITS, 8~ MISC.
PERSONAL PROPERTY
tJ1Alt Uh
FILE NUMBER
ZELDA IONE HUGHES 21-07-1006
Include the proceeds of litigation and the date the proceeds were received by the estate.
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LAST WILL AND TESTAMENT
OF
ZELDA IONS HUGHES
Introductory Clause. I, Zelda Ione Hughes, a resident of and domiciled in the
Borough of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania, do
hereby make, publish and declare this to be my Last Will and Testament, hereby revoking
all Wills and Codicils at any time heretofore made by me.
I have three living children: Dale W. Hughes; Kathy S. Stahl; and Timothy K.
Hughes. I have one deceased child, G. Randall Hughes, who died December 14, 1966. I
have two grandchildren from my deceased child: Sherry D. Hughes and Darryl S. Hughes.
ITEM I
Direction to Pay Debts. I direct that all my legally enforceable debts, secured and
unsecured, be paid as soon as practicable after my death.
ITEM II
Direction to Pay All Taxes from Residuary Estate. I direct that all estate,
inheritance, succession, death or similar fazes (except generation-skipping transfer fazes)
assessed with respect to my estate herein disposed of, or any part thereof, or on any bequest
or devise contained in this my Last Will (which term wherever used herein shall include any
Codicil hereto), or on any insurance upon my life or on any property held jointly by me with
another or on any transfer made by me during my lifetime or on any other property or
interests in property included in my estate for such tax purposes be paid out of my residuary
estate and shall not be charged to or against any recipient, beneficiary, transferee or owner
of any such property or interests in property included in my estate for such tax purposes.
ITEM III
Outright Gift of All Property to Children. Contingent Gift to Named Beneficiary. I give,
devise and bequeath all the rest, residue and remainder of my property of every kind and
description (including lapsed legacies and devises} wherever situate and whether acquired
before or after the execution of this Will, absolutely in fee simple to my surviving children
and to the widow of my deceased son, Marie J. Hughes, in equal shares, per stirpes.
ITEM IV
Naming the Personal Representative, Personal Representative Succession, Personal
Representative's Fees and Other Matters. The provisions for naming the Personal
Representative, Personal Representative succession, Personal Representative's fees and
other matters are set forth below:
(1) Naming an Individual Personal Representative. Ihereby nominate, constitute,
and appoint as Personal Representative of this my Last Will and Testament Dale W.
Hughes and Donn L. Snyder, Esquire and direct that he shall serve without bond.
(2) Fee Schedule for Individual Personal Representative. For its services as
Personal Representative, the individual Personal Representative shall receive reasonable
compensation for the services rendered and reimbursement for reasonable expenses.
ITEM V
Definition of Personal Representative. Whenever the word "Personal Representative"
or any modifying or substituted pronoun therefor is used in this my Will, such words and
respective pronouns shall include both the singular and the plural, the masculine, feminine
and neuter gender thereof, and shall apply equally to the Personal Representative named
herein and to any successor or substitute Personal Representative acting hereunder, and
such successor or substitute Personal Representative shall possess all the rights, powers and
duties, authority and responsibility conferred upon the Personal Representative originally
named herein.
ITEM VI
Powers for Personal Representative. Byway of illustration and not of limitation and
in addition to any inherent, implied or statutory powers granted to Personal Representatives
generally, my Personal Representative is specifically authorized and empowered with respect
to any property, real or personal, at any time held under any provision of this my Will: to
allot, allocate between principal and income, assign, borrow, buy, care for, collect,
compromise claims, contract with respect to, continue any business of mine, convey, convert,
deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine,
invest, tease, manage, mortgage, grant and exercise options with respect to, take possession
of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or
in kind or partly in each without regard to the income tax basis of such asset, and in general,
to exercise all the powers in the management of my Estate which any individual could
exercise in the management of similar property owned in his or her own right, upon such
terms and conditions as to my Personal Representative may seem best, and to execute and
deliver any and all instruments and to do all acts which my Personal Representative may
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deem proper or necessary to carry out the purposes of this my Will, without being limited
in any way by the specific grants of power made, and without the necessity of a court order.
ITEM VII
Provision for Personal Representative to Act as Trustee for Beneficiary Under A~
Twenty-0ne. If any share or property hereunder becomes distributable to a beneficiary who
has not attained the age of Twenty-one (21) years or if any real property shall be devised
to a person who has not attained the age of Twenty~ne (21) years at the date of my death,
then such share or property shall immediately vest in the beneficiary, but notwithstanding
the provisions herein, my Personal Representative acting as Trustee shall retain possession
of the share or property in trust for the beneficiary until the beneficiary attains the age of
Twenty-one (21), using so much of the net income and principal of the share or property
as my Personal Representative deems necessary to provide for the medical care, education,
support and maintenance in reasonable comfort of the beneficiary, taking into consideration
to the extent my Personal Representative deems advisable any other income or resources
of the beneficiary or his or her parents known to my Personal Representative. Any income
not so paid or applied shall be accumulated and added to principal. The beneficiary's share
or property shall be paid over, distributed and conveyed to the beneficiary upon attaining
age Twenty-one (21), or if he or she shall sooner die, to his or her personal representatives.
Whenever my Personal Representative determines it appropriate to pay any money for the
benefit of a beneficiary for whom a trust is created hereunder, then the amounts shall be
paid out by my Personal Representative in such of the following ways as my Personal
Representative deems best: (1) duectly to the beneficiary; (2) to the legally appointed
guardian of the beneficiary; (3) to some relative or friend for the care, support and
education of the beneficiary; (4) by my Personal Representative using such amounts directly
for the beneficiary's care, support and education. My Personal Representative as trustee
shall have with respect to each share or property so retained all the powers and discretions
conferred upon it as Personal Representative.
ITEM VIII
Discretion Granted to Personal Representative in Reference to Tax Matters. My
Personal Representative as the fiduciary of my estate shall have the discretion, but shall not
be required when allocating receipts of my estate between income and principal, to make
adjustments in the rights of any beneficiaries, or among the principal and income accounts
to compensate for the consequences of any tax decision or election, or of any investment or
administrative decision, that my Personal Representative believes has had the effect, duectly
or indirectly, of preferring one beneficiary or group of beneficiaries over others; provided,
however, my Personal Representative shall not exercise its discretion in a manner which
would cause the loss or reduction of the marital deduction as may be herein provided. In
determining the state or federal estate and income tax liabilities of my estate, my Personal
Representative shall have discretion to select the valuation date and to determine whether
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any or all of the allowable administration expenses in my estate shall be used as state or
federal estate tax deductions or as state or federal income tax deductions.
ITEM IX
Definition of Children. For purposes of this Will, "children" means the lawful blood
descendants in the first degee of the parent designated; and "issue" and "descendants" mean
the lawful blood descendants is any degee of the ancestor designated; provided, however,
that if a person has been adopted, that person shall be considered a child of such adopting
parent and such adopted child and his or her issue shall be considered as issue of the
adopting parent or parents and of anyone who is by blood or adoption an ancestor of the
adopting parent or either of the adopting parents. The terms "child," "children," "issue,"
"descendant" and "descendants" or those terms preceded by the terms "living" or "then living"
shall include the lawful blood descendant in the first degee of the parent designated even
though such descendant is born after the death of such parent.
The term "per stirpes" as used herein has the identical meaning as the term "taking
by representation" as defined in the Pennsylvania Probate Code.
ITEM X
Statement by Testatrix of Intent Not to Exercise Power of Appointment. I hereby
refrain from exercising any power of appointment that I may have at the time of my death.
Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal this ,~ day of August, 1496.
(SEAL)
Z DA IONE H HES
4
Attestation Clause. The foregoing Will was this ~~day of August, 1996 si ed s
published and declared by the Testatrix as and for her Last Will and Testament in our presence,
and we, at her request and in her presence, and in the presence of each other, have hereunto
sub 'bed our names witnesses on the above date.
of
of '~~ ~~
5
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
ss:
We, Zelda Ione Hughes, and Donn L_ ~nyder and Carol A. Garling &
Sybil A. Miller ,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 signed and executed the instrument as her Last
Will and that she had signed willingly (or willingly directed another to sign for her), and 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, and in the presence of
each other, signed the Will as witness and to the best of our knowledge the Testatrix was
at that time eighteen years of age or older, of sound mind, and under no constraint or undue
influence.
~ ,
Witness, Carol A. Garb
Subscribed, sworn to, and acknowledged before me by Zelda Ione .Hughes, the
Testatrix and subscribed and sworn to before me by noun b. Snyder and Carol A. Garling
& Sybil A. Miller , witnessed; d~ 6th day of A~ust~ 199b.
Public for
My Commission Expires:
(Seal)
NOTARIAL SEAL
Maronetta F. Miller, Notary Pudic
Harrisburg, PA Dauphin County
My Camrnission Expires Jan_ 10, 2600
6
W1tneS , ybil A. Miller
r
' ~l
FIRST CODICIL TO WILL
I, ZELDA I. HUGHES, of Cumberland County, Pennsylvania, declare this to be a
Codicil to my Will dated August 6, 1996.
FIRST: I hereby revoke subparagraph (1) of ITEM IV of my Will in its
entirety and in lieu thereof substitute the following:
"(1) Naming an Individual Personal Representative. I hereby nominate,
constitute, and appoint as Personal Representative of this my Last Will and Testament Donn L.
Snyder and Maronetta Miller and direct that they serve without bond."
SECOND: In all other respects I ratify, confirm and republish my Will dated
August 6, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day
of I I~ c t I , 2007.
~`~- ~ ~ ~ ~J (SEAL)
ZE~DA I. HUGHE`
SIGNED, SEALED, PUBLISHED AND DECLARED by the above named
ZELDA I. HUGHES, the testator, as and for a Codicil to her last Will dated August 6, 1996, in
the presence of us who, at the testator's request, in her presence and in the presence of each other,
have hereunto subscribed our names as witnesses.
WITNESS
(y
WITNESS
C'~T~in«~~~k.
11 C t7ot~
ADDRESS
ADDRESS
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF ~ L~ ~~ b ~u n
~~
On this, they day of ~~ ~ ~ , 2007, before me ~~ L. S1~'(~(ffie
undersigned officer, personally appeared KEVIN M. SCOTT, known to me or satisfactorily
proven to be a member of the bar of the highest court of Pennsylvania, and certified that she was
personally present when the foregoing acknowledgement and affidavit were signed by ZELDA I.
HUGHES and witnesses.
IN WITNESS WHEREOF,1 hereunto set my hand and official seal.
Notary Public
Commonwealth of Pennsylvania
My Commission Expires:
--= ---- -
No4;aic~k
K~~ty L. Suer, Nc~hary F'uhlic;
City QF Fk~rrLSbtu~, Dauphin Gx utit y
eg•; ;~,;~^-°;rxt EaC~; ~x Mar. %3. ; i,.,,
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___ _
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
ss
We, ZELDA I. HUGHES, the testator, and ~~ (0 ~ ~. h ~ t ~ Z
and C~r , s 1 ~ ~ ~ P C ~ ,the witnesses, whose names are signed to the
foregoing instrument, being first duly sworn, do hereby declaze to the undersigned authority that
the testator signed and executed the instrument as and for a Codicil to her last Will dated August
6, 1996, and that she signed willingly, and 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
testator, signed the Codicil as a witness and that to the best of the witnesses' knowledge the
testator was at that time over eighteen yeazs of age, of sound mind and under no constraint or
undue influence.
a C_d.~ ~~=~ % ~
ZELDA I. HUGHES
Witness
Witness
Subscribed, sworn to and acknowledged before me by ZELDA I. HUGHES, the
testator, and subscribed and sworn to before me by ~ E'_,p 0 c ~ h K - t Z
and C ~ r ~ S ~ ~ ALA ~ ~ ~ ,witnesses, this ~ ~ day of ~ PC ~~ , 2007.
KEVIN M. SCOTT
Attorney I.D. # 70322
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