HomeMy WebLinkAbout07-14-08Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Barbara S. Doran No. .L `- ~~ ° -1~
also known as Deceased Social Security No. 043-28-3540
late of Upper Allen Township, Cumberland County, Pennsylvania
Petitioners, who are 18 years of age or older apply for:
COMPLETE "A" OR "B" BELOW:)
® A. Probate and Grant of Letters and avers that Petitioner is the executor named in the Last Will of the Decedent,
dated November 23. 1994 and codicils dated March 17, 2004 and February 28, 2008 .
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 documents
offered for probate; was not the victim of a killing and was never adjudicated incompetent:
^ B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente liter 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:
Name Relationship Residence ~~
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ ~ r- "~ ~"'~
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family Q . cipal ~idence
at 1032 Brookwood Drive, Upper Allen Township, Cumberland County, Pennsylvania 170: o
(list street, number and municipality)
Decedent, then 75 years of age, died June 25, 2008, at Holy Spirit Hospital, East Pennsboro Township,
Cumberland County, Pennsylvania
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property ................................................................................ $ 475,000.00
(If not domiciled in PA) Personal property in Pennsylvania ............................................ $
(If not domiciled in PA) Personal property in County ...................................................... $
Value of real estate in Pennsylvania ................................................................................................... $ 485,000.00
Total ..................................................................................................................................... $ 960 000.00
Real Estate situated as follows: 1032 Brookwood Drive, Upper Allen Township, Cumberland County. PA
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and
the rant of letters in the a ro riate form to the undersi ned:
_ ~ Signatu~ Typed or printed name and residence
Elizabeth D. Firestone
5005 K lock Road, Mechanicsbur , PA 17055
Margaret D. Eckrote
c~,-~~Cj , ~ ~7~~'c1 903 Hertzler Road, Mechanicsburg, PA 17055
Form RW-1 Paget o~ (Dauphin County -Rev. 9/92)
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Oath of Personal Representatives
Commonwealth of Pennsylvania
County of Cumberland
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Date of Death June 25, 2008 ~~~'~-,
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1 `~-- ~ Z~~ ~ , 2008, Qonsid~rration t -'
,satisfactory proof having been presented before me;-~ `'-'~ =~ ,~ =-`,
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IT IS DECREED that Letters ®Testamentary ^ of Administration =~ sa `
(c.t.a.; d.b.n.c.t.; pendente life; durante abse~a( rants minorftGa~le) . ' "
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are hereby granted to Elizabeth D Firestone and Margaret D Eckrote
in the above estate and that the instruments, if any, dated November 23, 1994, March 17, 2004, and_
February 28, 2008 described in the Petition be admitted to probate and filed of record as the last
Will of Decedent.
Estate of Barbara S. Doran, Deceased
also known as
Social Security No
043-28-3540
AND NOW, _ k
of the Petition on the reverse side h
FEES
Letters ..................................
Short Certificate(s) ...............
Renunciation ............
Affidavit ( ) .............
Extra Pages ( ) .........
Codicil .........~...........
JCP Fee ..i.~~.V~K?.....
Inventory & Tax Forms
Other..:Y~.l.1 ~...........
TOTAL
$ 2k . ~~-'
$ ~• V
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Register of Wills
Attorney: Vicky Ann Trimmer, Esquire
I.D. No.: 49679
3401 North Front Street
Address: Harrisburg, PA 17110-0950
Telephone: 717-232-5000
DATE FILED:
Form RW-1 Page 2 of 2 (Dauphin County -Rev. 9192)
497160v1
The Petitioners above-named swear and affirm that the statements in the foregoing Petition are true and
correct to the best of the knowledge and belief of Petitioners and that, as personal representatives of the
OCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
l=ee 1~Tr this certificate, X6.00
".4537_35 _
Certification Number
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This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with nee as Local Registrar. The original
certificate will he forwarded to the State Vital
Records Office for permanent tiling. c
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_ocal Registrar ate Issued
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mos-u3 Rev a zdo6 ! ~ _ ~ ~L. (.- COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TYPE ~ PRINT dJ "'~ ~ --
PFRrdANeNr - - = CERTIFICATE OF DEATH
BLACN INK ~ O ~ ^ ~ - ~ ~ •
('-~ (See instructions and examples on reverse) STATE FILE NUMBER -[/_
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t Name d Decedem fFNSt. medde. Ildl~Wlix) 2. Sex 3. Social Secudy Number 4 Date of Death (MOmh, day, year)
Barbara S. Doran Female 043 _ 28 _ 3540 June 25, 2008
5 Age LLast Binnday) Under 1 year Under f day 6 Dale of Binh (MOnlh, day, year) 7. anhpao (Ca arN stale a foreign counlryl 8a. Place of Death (Ct~x only one)
75 Monet, oar, Iqul: IAkwws tbspaat. DAler
January 17, 1933 New Haven , Ct
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Illpallau ^ ER / 17ulpataa ^ DOA ^ Nursag Moms ^ Residence ^Odnr - Speuly.
Bb Cuunly of Death &. CITY, B«o. Trop. of OAaN 8d. Faulay Name (N mt mntutim, gva s,reet and II«nber) 9. Was DlkederM a H6panK Orlgln? ~Nu ^ Yes lo. Race: Amencen kltlran, Black WnAe. ck
Cumberland East Pennsboro Holy Spirit Hospital °'res.apadycwan ISPa"M White
MexKan, Puerto Raan, ac )
1, DxedeM s Usual Occ Ian KAW a w«k done must d Ye. Do not dale refired 12. Was Deradenl aver in Ule 13. Decedent's Education (Seedy ony highest grade Gompletetl) 14. Marna) SMtus: Mar/letl Never Marlled. 15. Survlvirg Spouse (11 rode. gwe maben name)
KIrld d Work NIM Ot Busine s r IndusUy
Homemaker Own dome U.S. Armetl Force57 Ele,naraary) Secardary (D-12) Cdlege (1 ~9 a Sa) WlOOwetl avaced ISp~IA•1
Widowed
^yae ~g„d
16 DeoedeN's Malting Addles ISlreel, «ty / Wwn, state. zip co(lel Decedent's P w Did Dacadanl peer en
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coo woo rive AdeW Resxlane 17a. Slate
Live n a ~. Yes, Oeceden Livetl In Twp,
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Mechanicsburg, PA 17055 ~~
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,7b cnnnty Cumberland 170. ^ Fa. Deceaenuived wAmn
Adual LmN d Oily; Surd
18. Famer s Name (Firs). meddle, last. suAU)
Ferdinand Smith 19. Milner s Name (Frsl medlaa. maaen surtwm)
Viola Raker
20a Intamani s Name (Type /Print! 2gC. Informant's MaiNrg Adaess (Sbeet cAy /bwn, state, zip code)
Elizabeth D. Firestone 5005 Kylock Road Mechanicsburg, PA 17055
27a. klaflo0 d OlsposilKn ^ pematian ^ Donation 21b. Dale d Disposition (MOnlh, day, Year) 21c. Place o1 Disposition IName of cemetery, nernatory a Deter pYCel 2f d. locatan ICW r bwn, state, zip code)
en^ar ^ RenwrallydmSWla I wascrematidnaDOnationAlMorimd
3 Gate of Heaven Cemete
ry Mechanicsbur Pa. 17055
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^ Pz ~ CY eeaiw Enminer / Caonar7 ^ Yas ^ No u n e
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zza a Funeral se Laa to aging as such) 22b License Nlarmer 2x. Name and Adaess a FadNy
• FD-012662-L Myers Funeral Home, Inc. 37 East Main Street Mechanicsburg, PA 17055
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CAUSE OF DEATH ( InstNCUgna errC examples) , Approxmale tigerval: Pan 11. Enter doer agpgLggDL.SawoUAubr~dto 9ADYy, 2B. Did Tobacco Use Lanllinula b Deam?
Item 27 Pan I Emel d e cDnut Vt eve is - mseases InJ«ees, «curnplica,xms - mat alecUy caused the deMh W NOT Betel lelminal events such as wrdwc arrest, Onset to Daam do Iwl resupmg n tln Ixltlerying cause given In Pan I. ~) Probady
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PMulmed? Arallade Prior to Campeeuon
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13a Cenawl (Check oily ore) 37b Signature and Tided enel
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On UIg is of ex minalion aM I or Investigatbn, in my opinion, death occurred at the limo, dafo, and place, and dos W me capsels) and manner as abtad.- ^
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(J Dlsposlnon Permit No. U tX-oC `s~ 7
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LAST WILL
OF
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BARBARA S. DORAN o ~ ~ ~` ~ _.>
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I, BARBARA S. DORAN, of Cumberland County, Pennsylvania
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declare this to be my Last Will, and do hereby revoke all prior Wills and Codi~af~' ~' ' ~'
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heretofore made by me.
1. Except to the extent that certain items of property hereinafter described in
this paragraph 1 are set forth in a memorandum that may be attached to this Will, I hereby
give and bequeath my entire interest in and to any and all furniture, antiques, clothing,
jewelry, pictures, statuary, works of art, silver, plate, ornaments, brie-a-brae, tapestry,
household goods, utensils and supplies, books, linen, china, glass, automobiles, plants,
implements, and tools that may be in, at or about my home at the time of my death, and
all of my other tangible personal property, together with all policies of insurance thereon
to those of my daughters, Elizabeth D. Firestone and Margaret D. Eckrote, who may
survive me at the time of my death, to be divided between them in as equal shares as may
be possible, as they may mutually agree. In the event that I am not survived at my death
by either of my above-named daughters, then all of the property which they would have
taken under this paragraph 1 had they survived me shall pass as part of my residuary
estate hereunder.
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2. I hereby give, bequeath and devise all of the rest„ residue and remainder
of my property and estate, of whatsoever nature and wheresoever situate, together with all
policies of insurance thereon, as follows:
(a) To my brother, Charles F. Smith, if he survives me, the greater of
two percent (2%) thereof or $20,000;
(b) To my sister, Polly Smith-Telfer, if she survives me, the greater of
two percent (2%) thereof or $20,000.
(c) the sum of $10,000 to Lateef Colley, presently of Queens, New
York, if he survives me, for the purpose of repaying his outstanding obligations to
the William Doran Trust with the balance to be retained by him to start a savings
plan.
(d) the balance thereof to my daughters, Elizabeth D. Firestone and
Margaret D. Eckrote, in equal shares. Should either of my said daughters
predecease me, then said predeceased daughter's share shall be divided and
distributed equally among or between those of her children who may survive me
at my death; should said predeceased daughter of mine have no children of her
own surviving me, said predeceased daughter's share of my residuary estate shall
pass to my surviving daughter, or her children as hereinbefore provided.
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If a part of my residuary estate is allocated to the child of a deceased
daughter of mine (grandchild of mine), it shall constitute the principal of an individual
trust and shall be held and administered as a single and separate trust fund for the benefit
of such grandchild with the trustee of said trust being said grandchild's surviving parent.
From time to time, my trustee shall distribute or apply such portions or all of the net
income and if that be insufficient then of the principal of such grandchild's separate trust
as my trustee in its sole discretion may deem necessary to provide for his reasonable
support and maintenance, to meet the expenses of maintaining his health such as medical,
dental, hospital and nursing expenses arising from illness, accident or disability, and to
the extent that funds are still available from the separate trust to provide him with an
education (including without limitation vocational, college, post-graduate and
professional education). At the end of each trust year, all net income from such separate
trust which during such trust year was not distributed to or applied hereunder for the
benefit of such grandchild shall be added to the principal of such separate trust. When
the grandchild of such separate trust attains the age of twenty-one (21) years, all property
then held in such separate trust shall be distributed absolutely and free of trust, to such
grandchild, and if such grandchild dies before he or she attains the age of twenty-one (21}
years, then upon his or her death such trust property shall be allocated among and
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distributed absolutely and free of trust, to those of my issue then living, per stirpes;
provided, that if any then living issue of mine who is entitled to receive a share of such
trust property is also a beneficiary of a separate trust established hereunder, then his share
shall be added to and administered as a part of such separate trust for the benefit of said
issue in accordance with the aforegoing provisions hereof.
4. Should any legatee or devisee under this Will die within ninety (90) days
after the date of my death, he or she shall be deemed to have predeceased me for all
purposes under this Will.
No interest of any beneficiary hereunder in either the principal or income
of my estate shall be subject to liable in any manner while in the possession of my
executrix to anticipation, pledge, assignment, sale, transfer, charge or encumbrance,
whether voluntary or involuntary, or for any liabilities or obligations of such beneficiary
whether arising from his or her death, debts, contracts, torts or engagements of any type.
6. Except as otherwise provided in this Will, any amounts, either of income
or principal, which are payable to a minor under this Will may at the sole discretion of
my executor be paid either to a parent of such minor, to a guardian of the person or of the
estate of such minor, to the person who has custody of such minor, or directly to such
minor, or applied to or for the benefit of such minor. The receipt of such parent,
guardian, custodian or minor, or evidence of the application of such amount for the
minor's benefit, shall be a full and complete discharge of my executor to the extent of
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such payment or application.
7. Except as otherwise restricted, directed or provided in this Will or required
by law, in the administration of my estate hereunder, the fiduciaries serving under this
Will shall have the following powers, which may be exercised without leave of court, in
addition to those powers as my said fiduciaries may have by law:
(a) At any time, to retain any assets, investments or property in the
form held by them at the time of my death or thereafter, and to invest and reinvest
any funds which they may hold in any stocks, bonds, notes or other securities, or
in any other property, real or personal, tangible or intangible, or mixed, or
interests herein, wheresoever situate, as and in such proportions as they may deem
best, notwithstanding that such investments may not be of a character allowed to
fiduciaries by statute or general rules of law.
(b) To sell, exchange, grant options upon, or otherwise dispose of any
property, real or personal, tangible or intangible, or mixed, or interests therein,
wheresoever situate, at any time held by them, at public or private sale, for cash or
upon credit, in such manner, to such persons, and at such price, terms and
conditions as they may deem best, and no person dealing with them shall be
bound to see to the application of any funds paid to them.
(c) To manage, operate, repair, improve, partition, subdivide, or lease
for any term any real estate or personal property at any time held by them,
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wheresoever situate, and to enter into agreements for the same.
(d) To borrow money for the payment of taxes or for any other proper
purposes in the administration of the property held by them upon such terms as
they may deem advisable, and mortgage, pledge or encumber any real and/or
personal property held by them as security therefor.
(e) To distribute in cash or in kind, or partly in each, and in shares
different in kind from other shares, upon any division or distribution of any
property which they hold.
(f) To adjust, settle, compromise and arbitrate claims, to renew or
extend the time for payment or otherwise modify the terms of any obligation
payable to or by my estate, and to abandon any property held by them which is of
little or no value.
(g) To retain and pay agents, employees, accountants and counsel,
including but not limited to legal and investment counsel or advisors, brokers,
banks, custodians and other agents, for advice and other professional services, and
to delegate to them such duties, rights and powers as my fiduciaries may
determine for such time periods as they may deem necessary.
(h) To allocate, in their discretion, any receipt or item of income, or
disbursement or item of expense, to principal or income, or partly to each.
(i) To hold assets in bearer form, and to register securities and other
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assets in their own name or in the name of a nominee with or without indicating
the fiduciary character thereof.
(j) With respect to any securities held by them, to join and participate
in any merger, reorganization, voting trust plan or other concerted action of
holders of securities for the deposit of securities under agreements and payment of
assessments, to subscribe for stocks and bonds, to give proxies, to grant, obtain or
exercise options, and generally exercise all rights and powers of holders of
securities, and to delegate discretionary duties with respect thereto.
(k) With respect to the stock of any close or other corporation,
partnership interest or other business held by them: to disregard any principle of
investment diversification and retain any part or all of it for so long as they may
deem advisable; to participate actively in its management and receive
compensation for such services in addition to any other compensation payable to
my fiduciaries; to do anything that they may consider appropriate with regard to
its operation, expansion, reduction, liquidation or termination or any change in its
purpose, nature, or structure; to delegate authority or duties to any director,
stockholder, manager, partner, employee or agent, and to approve its payment of
reasonable compensation to any such person; to cause it to borrow money at
reasonable terms from the banking department of any corporate fiduciary
hereunder notwithstanding any contrary law regarding conflict of interests; and to
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make additional investments in it if such action appears to be in the best interests
of the beneficiaries hereunder.
(1) With respect to any policies of insurance forming a part of my
estate: to continue such policies in force and to pay the premiums on such
policies out of income or principal; to obtain the cash surrender value, if any, of
any such policies which insure the lives of others and add the same to principal, or
convert any such policies insuring the lives of others to permanent paid-up
insurance (unless in either case such policies are specii:ically bequeathed in this
Will); and to deal with such policies in any way that my fiduciaries may
determine to be the best interests of the beneficiaries hereunder, including the
right to borrow on such insurance policies in order to pay the premiums thereon.
(m) To the extent permitted by law, to exercise any election, right or
privilege given by federal tax laws, or the tax laws of Pennsylvania or of any other
jurisdiction, including but not limited to the filing income tax returns, the filing
of gift tax returns with respect to gifts made by me prior to my death, the
determination of proper taxes, interest and penalties and the payment thereof even
though not attributable in whole or in part to income or gifts from my property or
estate and the election of alternate valuation for federal estate tax purposes, and
the election to claim deductions for death tax purposes or for income tax purposes,
and for their exercise or non-exercise of any such election, right or privilege to
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make or not make in their discretion equitable or compensatory adjustments as
between income and principal of my estate or any part thereof, or as between any
beneficiaries thereof or their shares therein, all without the consent of any
beneficiary hereunder and without any liability on the part of my fiduciaries for so
doing.
(n) To make from time to time partial distributions in varying amounts
to the beneficiaries hereunder prior to final settlement and distribution of my
estate, and in connection therewith to determine in their discretion the time or
times when such partial distributions may require recomputation of said
beneficiaries' proportionate interests hereunder for the equitable allocation of
income or on account of changing asset values pending final distribution.
(o) To receive, collect and recover the interest, rents, profits, proceeds,
gains, and other earnings and income of and from the property held by them
hereunder.
(p) In general, to exercise all powers in the management of the assets
and property held by them which any individual could exercise in the
management of similar property owned in his own right, upon such terms and
conditions as to them may seem best, and to execute and deliver all instruments
and to do all acts which they may deem necessary or proper to carry out such
management and their duties under this Will.
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8. I hereby appoint my daughters, Elizabeth D. Firestone and Margaret D.
Eckrote, to serve together as my executrix under this Will. If one of my said daughters
should be unwilling or unable, or cease to act as a co-executrix, my surviving daughter
alone shall be and act as my executrix.
9. The fiduciaries named or appointed in this Will shall not be required in
any jurisdiction to file, enter or post any bond or other security for the faithful
performance of their duties hereunder, and shall not be liable for the acts, omissions or
defaults of any agent appointed by them with due care.
10. Subject to the restriction hereinafter set forth, I direct that all estate,
inheritance, legacy, transfer, succession and death taxes, of whatsoever nature or kind and
by whatsoever jurisdiction imposed, and all interest and penalties thereon, which may be
payable or assessed in consequence of my death, whether or not with respect to property
passing under this Will, shall be paid out of and charged against the principal of my
residuary estate in the same manner as are general administration expenses of my estate
so that all property subject to said taxes shall be and pass free and clear thereof, without
apportionment of or reimbursement for such taxes, interest or penalties among any
beneficiaries, transferees or other persons interested in such property and without any
right of my estate or executor to contribution, recovery or collection for the same. Taxes
on any future or remainder interests hereunder may be prepaid at and in the election and
discretion of my executor to the extent permitted by law.
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11. I direct that all expenses of my funeral and last illness be paid from the
principal of my residuary estate as soon as is practicable after my death.
IN WITNESS WHEREOF, I, the said BARBARA S. DORAN, hereby set my
hand to this my Last Will, typewritten on and consisting of these eleven (11) sheets of
paper, at the bottom of each of the preceding pages of which I also have placed my
initials, on this _day of ~, 1994.
~/
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®~ BARBARA S. DORAN
11
On this ~_day of /1(~,bN ~y~ 3 ~~' , 1994, BARBARA S. DORAN declared to
us, the undersigned, that the aforegoing instrument was her Last Will, and she requested
us to act as witnesses to the same and to her signature thereon. She thereupon signed said
Will in our presence, we being present at the same time. We now, at her request, in her
presence, and in the presence of each of us, hereby subscribe our names as witnesses
thereto and have placed our initials at the bottom of each of the preceding pages. By so
doing, each of us declares that he or she believes this testatrix to be of sound mind and
memory.
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
I, BARBARA S. DORAN, testatrix, whose name is subscribed to the attached
foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed such instrument as my Last Will, and that I
signed and executed it willingly and as my free and voluntary act for the purposes therein
expressed.
Sworn or affirmed to and ackn ledged before me, by BARBARA S. DORAN,
the testatrix, this ~ day of UFI~/B~ 1994.
/ .~
BARBARAS.DORAN
~~.~
otary ublic
My Commission Expires:
Notarial Seal
Nancy J. Tumer, Notary Public
Wormleysburg Boro, Cumberland County
My Commission Expires Jan. 5, 1998
Member PennsyNa~ia Assaaation of Notaries
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
We,
5a h~ ~r~-~ze .
the witnesses whose names are signed to the attached foregoing instrument, being duly
qualified according to law, do depose and say that we were present and saw BARBARA
S. DORAN, the testatrix, sign and execute such instrument as her Last Will; that such
testatrix signed such instrument willingly and executed it as her free and voluntary act for
the purposes therein expressed; that each of us in the hearing and sight of such testatrix
signed such Last Will as a subscribing witness thereto; and that to the best of our
knowledge, such testatrix was at that time 18 or more years of age, of sound mind and
under no constraints or undue influence.
S o r affirmed to and subscribed before me b ~ ~~ ,~+-..y-~-c~-~
~~ ~ Y
C ,~ ,witnesses, is _~? ,~ day of -~ , 1994.
WITNESSES:
~`~
of Public
My Commission Expires:
Notarial Seal
Nancy J. Turner, Notary Public
Wormieysburg eoro, Cumberland County
My Commission Expires Jan, 5, 1998
~. C'
Member, PennsylvaniaAssociahon of Notaries
~_ ~~
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FIRST CODICIL TO r..~
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LAST WILL =°~ ~
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BARBARA S. DORAN -~ ~
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I, BARBARA S. DORAN, presently of 1032 Brookwood Drive,
Mechanicsburg, Cumberland County, Pennsylvania, hereby declare this to be the
First Codicil to my Last Will executed by me on November 30,1994 ("my Last
Will"); it being my intention that this First Codicil is and shall be the First Codicil
to my Last Will previously made by me.
FIRST: I do hereby amend my Last Will by deleting Paragraph 2 of
my Last Will in its entirety and replacing it with the following new Paragraph 2:
2. I hereby give, bequeath and devise all of the rest, residue
and remainder of my property and estate, of whatsoever nature and
wheresoever situate, together with all policies of insurance thereon, as
follows:
(a) To my brother, Charles F. Smith, if he survives me, the lesser
of two percent (2%} thereof or $20,000;
(b) To my sister, Polly Smith-Telfer, if she survives me, the
lesser of two percent (2%) thereof or $20,000;
(c) The sum of $10,000 to Lateef Colley, presently of Staten
Island, New York, if he survives me;
(d) The balance thereof to my daughters, Elizabeth D. Firestone
and Margaret D. Eckrote, in equal shares. Should either of my said
~; f-1 t-~ 1
~~
88438
daughters predecease me, then said predeceased. daughter's share shall be
divided and distributed equally among or between those of her children
who may survive me at my death; should said predeceased daughter of
mine have no children of her own surviving me, said predeceased
daughter's share of my residuary estate shall pass to my surviving
daughter, or her children as hereinbefore provided.
SECOND: I do hereby amend my said Last Will by deleting Paragraph
3 in its entirety and replacing it with the following new Paragraph 3:
3. If a part of my residuary estate is allocated to the child of a
deceased daughter of mine (grandchild of mine), it shall constitute the
principal of an individual trust and shall held and administered as a single
and separate trust fund for the benefit of such grandchild with the trustee
of said trust being said grandchild's surviving parent or legal guardian.
From time to time, my trustee shall distribute or apply such portions or all
of the net income and if that be insufficient then of the principal of such
grandchild's separate trust as my trustee in its sole discretion may deem
necessary to provide for such grandchild's reasonable support and
maintenance, to meet the expenses of maintaining his or her health such as
medical, dental, hospital and nursing expenses arising from illness,
accident or disability, and to the extent that funds are still available from
the separate trust to provide him or her with an education (including
without limitation vocational, college, post-graduate and professional
education). At the end of the trust year, all net income from such separate
trust which during such trust year was not distributed to or applied
hereunder for the benefit of such grandchild shall be added to the
principal of such separate trust. When the grandchild of such separate
trust attains the age of twenty-five (25) years, all property then held in
such separate trust shall be distributed absolutely and free of trust, to such
grandchild, and if such grandchild dies before he or she attains the age of
twenty-five (25) years, then upon his or her death such trust property be
allocated among and distributed absolutely and free of trust, to those of
my issue living, per stirpes; provided, that if any then living issue of mine
who is entitled to receive a share of such trust property is also a
beneficiary of a separate trust established hereunder, then his or her share
shall be added to and administered as part of such separate trust for the
benefit of said issue in accordance with the aforegoing provisions hereof.
~-~-N 2
88438
THIRD: In all other respects, I do hereby ratify, confirm and
republish my Last Will, together with this First Codicil thereto, as and for my
Last Will.
IN WITNESS WHEREOF, I, BARBARA S. DORAN, hereby set my hand to
this First Codicil to my Last Will typewritten on and consisting of this and the
preceding two (2) sheets of paper, at the bottom of preceding page I have placed
my initials, on this ___C- day of '~~ 2004.
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`' ~ Barbara S. Doran
88438 3
r
On this ~1 ` day of (l`~Cvi C f~ , 2004, BARBARA S. DORAN,
declared to us, the undersigned, that the foregoing instrument was the First
Codicil to her Last Will, and she requested us to act as witnesses to the same and
to her signature thereon. She thereupon signed said First Codicil in our
presence, we being present at the same time. We now, at her request, in her
presence, and in the presence of each of us, hereby subscribe our names as
witnesses thereto and have placed our initials at the bottom of each of the
preceding pages. Each of us further declares that he or she believes this testatrix
to be of sound mind and memory.
~,~(~=~.c-~ residing at ~C~t1~-~ ~I-_ ~ ~~~ ~ I.~i.n,t ct
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as~ss
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
I, BARBARA S. DORAN, testatrix, whose name is subscribed to the
attached foregoing instrument, having been duly qualified according to law, do
hereby acknowledge that I signed and executed such instrument as the First
Codicil to my Last Will, and that I signed it willingly anal as my free and
voluntary act for the purposes therein expressed.
Sworn or affirmed to and acknoyTledged Before me by BARBARA S.
DORAN, testator, this day of // , 2004.
BARB 'RA S. DORAN
Notary Public
My Commission Expires:
Nctarial Seal ~~~~~~
Helen D. Samuels, Notary Public
Mechanicsburg Boro, Cumberland County
My Commission Expires May 28, 2o~f
88438
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
W~
4.C
the witness~es'whose names are signed to the attached foregoing instrument,
being duly qualified according to law, do depose and say that we were present
and saw BARBARA S. DORAN, the testatrix, sign and execute such instrument
as the First Codicil to her Last Will; that such testatrix signed such instrument
willingly and executed it as her free and voluntary act for the purposes therein
expressed; that each of us in the hearing and sight of such testatrix signed such
First Codicil as a subscribing witness thereto; and that to the best of our
knowledge, such testatrix was at that time 18 or more years of age, of sound
mind and under no constraints or undue influence.
Sworn or affi/r~med to and subscribed before me byf° ~Q • cz.~.;I; y,
ArS~ ~ t`xr_~,C~ • ~n ~irtlCo~ ~_~ ~ 4&~w C• o!t -L
witnesses, t is !'?''''~ day of I~I4~~.1-. , 2004.
WITNESSES:
~~~ ~ ~~
Notary Public
My Commission Expires:
Notarial Seai~~Wr~~
Helen D. Samuels, Notary Public
Mechanicsburg eoro, Cumberland County
My Commission Expires May 28, 2006
-~'_~~
88438
r ~~ ~
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~~~~~~ ~~~~~C~ICa °I[°~ ~°l[~l~ ~l[l[elle
OF
BARBARA S. DORAN „ =-= ~~ r --
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I, BARBARA S. DORAN, of Mechanicsburg, Cumberland Courit~, F~
Pennsylvania, the within named Testatrix, do hereby make anal publish th s Codic il ~
to my Last Will and Testament, dated November 23, 1994 and First Codicil dated
March 17, 2004.
I hereby modify said Last Will and Testament as follows:
ITEM I: Paragraph 2(a) is amended to read as
follows:
To my brother, CHARLES F. SMITH, if he
survives me, the sum of TWENTY THOUSAND
($20,000} DOLLARS.
iTEIY II: Paragraph 2(b) is amended to read as
follows:
To my sister, POLLY SMITH-TELFOR, if she
survives me, the sum of TWENTY THOUSAND
($20,000) DOLLARS.
In all other respects I confirm and ratify my aforesaid Last Will and
_.'--j
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Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
Z~'fZ day of ~~ r ~~~ , 20 ~~ .
,~ '° l~~ (SEAL)
BARBARA .DORAN
We, the undersigned, hereby certify that the foregoing Codicil was
signed, sealed, published and declared by the above-named Testatrix as and for a
Codicil to her Last Will and Testament, in the presence of each of us, who, at her
request and in her presence and in the presence of each other, have hereunto set our
hands and seals the day and year above written, and we certify that at the time of
the execution thereof, the said Testatrix was of sound and disposing mind and
memory.
i ~. ;~, ~ '~~~-~ ~___ (SEAL)
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Residing at L~~ ~,!~ ~ l~t~~ ~` ¢
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Residing at I t l ti' ~ :~ s; e l f l a y e~~ ~_
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Residing at ~ ~ ~~~~, ~~~ ~ '-~
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA.
SS.:
COUNTY OF C ~,~. ~, r~ l ~,,,q- .
I, BARBARA S. DORAN, Testatrix, whose name is signed to the
attached or foregoing instrument, having been duly qualified according to law, do
hereby acknowledge that I signed and executed the instrument as a Codicil to my
Last Will and Testament; that I signed it willingly; and that I signed it as my free and
voluntary act for the purposes therein expressed.
~~ ,~~!~ ~
(SEAL)
ARBARA S. DORAN
Sworn to and subscribed before
me this ~ ~~- day of
F~ ~,~u,~.7 , 20°~.
otary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Vicky Ann Trimmer, Notary public
Susquehanna Twp., Bauphin County
N1y Cammissian ExpirE'S Mar. 11, 2t}' i}
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS.:
COUNTY OF C v M ~ ~~ j ~ ~-~.~ .
We, ,o ~'~ ry 7 i , ~C%~ I1 S~C~t7 , a r ~ ,, A _ h cti l~, l ~u~ h ~ 1 and
~'~'~ c f ~~ c1~ ,the Witnesses whose names are signed to the attached
or foregoing instrument, being duly qualified according to law, do depose and say that
we were present and saw Testatrix, BARBARA S. DORAN, sign and execute the
instrument as a Codicil to her Last Will and Testament; that Testatrix signed
willingly and that she executed the Codicil as her free and voluntary act for the
purposes therein expressed; that each of us in the hearing and sight of the Testatrix
signed the Codicil as Witnesses; and that to the best of our knowledge the Testatrix
was at that time eighteen (18) or more years of age, of sound mind and under no
constraint or undue influence.
~ ~
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l= .
Witness
Sworn to and subscribed before
me this -z J~ day of
F~ ~~~.nr~ , 20 ~~
~,. ~.,cc,~-~.
otary Public
My Commission Expires:
(SEAL)
C~~MMONWEALI'Ff OF FENNSYLVANi,~
Vicky Ann Trormme SNotary Public
Susquehanna Twp., Dauphin County
MY Commission Expires Mar. 11, 2010
MemhEtr ~ ,~~,~i~. arr A ~ ;i;
^~ 1~7otanes
487468v1