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Home My WebLink About10-02-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of OLIVER HASTINGS JONES COUNTY, PENNSYLVANIA File Number ~~ ~ ' D (~ also known as Deceased Social Security Number 170-18-9736 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) m A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EXECUTOR last Will of the Decedent dated 09/28/2005 and codicil(s) dated named in the RENUNCIATION FOR WILLIAM ANDREW JONES IS HEREBY ATTACHED (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: B. Grant of Letters of Administration (Ifapplicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durance ~sbsentia; duraniritate) co Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spY) an~irs: ~`IJ' Administration, c. t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) `-~ ~ rn I _ ' ~; ` -; Ca ~~ (COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at b7 GREENFIELD DRIVE CARLISLE SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY PENNSYLVANIA 17015 ("List street address, town/ ity, township, county, state, zip code) Decedent, then 85 years of age, died on 08/28/2008 at CARLISLE REGIONAL MEDICAL CENTER, CARLISLE, CUMBERLAND COUNTY. PENNSYLVANIA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 17,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ 155,000.00 situated as follows: 67 GREENFIELD DRIVE, CARLISLE, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA 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: Si azure T or rioted name and residence ~ S 3a~~- RICHARD HASTINGS JONES, 4427 NORTH WOODS TR, HAMPSTEAD, MD 21074 Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS 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 an/d~subscribed before me the ~ day of of Personal ~~~~ Signature of Personal Representative Signature of Personal Representative File Number: ~ ~~ (J d~ V I A Estate of OLIVER HASTINGS JONES ,Deceased Social Securit//y~~~~Nu~~mber: 170-18-9736 Date of Death:08/28/2008 AND NOW, ~~ lit~lf)~~ r ~ , a U~ in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY _ are hereby granted to RICHARD HASTINGS JONES in the above estate and that the instrument(s) dated 09/28/2005 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES 260.00 Register of Wills ~(~ Letters .......... $ (J Short Certificate(s) ........ $ 12.00 Attorney Signature: .-'"~~ ~ • - Renunciation(s) .......... $ 5.00 ,~ JCP $ 10.00 Attorney Name: ROGER B IR IN, ESQUIRE AUTOMATION FEE ... $ 5.00 Supreme Court I.D. No.: 6282 WILL . , , $ 15.00 Address: 60 WEST POMFRET STREET ... $ $ CARLISLE, PA 17013 ... $ ... $ ••• $ Telephone: (717)249-2353 ... $ TOTAL .............. $ 307.00 Form RW-02 rev. 10.13.06 Page 2 of 2 '.05.905.UiS RFV. C/OC Od' ~ ~~ t) ~ ~ / U ~t This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat ar photograph. ' ~~ ~ 1 ~l~ l Calvin B. Johnson, M.D., M.P.H. Frank Yeropoli Secretary of Health State Registrar Military Status 1505140 SEP 18 2008 No. Date ^~ Ht~ta3 ~ tt®4RRECTED ITEM(S) : 3 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS TYPE !PRIM IN PERINWENIpER: FD DATE:09-17-08 bas 0 / v~7u FIUCKINd CERTIFICATE OF DEATH / y (See instructions and examples on reverse) STATE FILE NUMBER 1 NamedDecedrd (lust. nddde, lttl, su9a) 2. Sex 3. Saul Sewiiry Number 4. Bate d DeaM IMonm, day, Yom) Oliver H. Jones M 170. - 18 - 9736 August 28, 2008 -.,; - - SAga flat Yt" '.::.' tANa t ymr -_. - tkMa7 dry fi. Date d BiM (Mdndi, day Yad _ .. ~ 7.&Splaae (Ciy and state a br sknea ~ twun Msuru FYI .. 8a. Place d Deah (Chetlc m oru) lxmr. 85 Yra. 12/ 9/ 1922 Altoona, PA ^tnpatbd ~ERrpnpaoem ^DOn ^ Nursuig Name ^ Residence ^oma - spaiy: Bb. County a Oam &. Ciy. Rao, Twp. d Deam Bd. Faairy Name (n nd insGbtim, 4Fre saes aritl rexr8er) 9. was Deremm a ? Flisparda Crigb ~NO ^ Yes t0. Race: Amnican kxNen, Beck, YAuk, etc. (n yes. speM• Cuban. (spear) a ~ Cumberland South Middleton Carlisle Tonal Medical Center Merica,•wenoRiwn,ema White • 11. °eaedd1's Uswl ~ lxad d wok dew ~ rtpd d Ge. oo na sbb relw 12. was Oeredam scar b me 13. Deaaiad's Education (Spea7y ody liy,ep gods ampleledt 14. Madd stabs: Marred, Never Mamed, 15. t(ad d wok Nbd d Busneu; karsby U.S. Armed Forces? Ebrrunlary f semarery (012) CaNa9e Its a s«) Wdowed, oNOroed (Speedy) ~'"t'g ~ "me' 9~ maiOa nmie~ Econanist Eco 'c Consultant ~Ya ^Na 5+ Widr,~aed - • 16. Decedents eA,mriy Adaem (Sheet, cy t tam, sure, np code) Decemd's 67 Greenfield Drive AdudReaaieas t7a.sbla PA k~nen I,~~~n South Middleton Two Carlisle, PA 17015 17b Count' Cumberland T°'"'~"p? Td.^NO. Deredad Uved wnNn Adml taMS d ~.y Bar, iB. Fame's Nam (Fist. midde, rest. suNix) 19. Abdbr's Name (Fist, nidde, nuidert sumemel Oliver Hastir, s Jones - Hern~an 20a, Inbrmad's Name (type! Pmt) 206. abrmad's Malrq Address (Stied, d7I ben, dBN, tip coda) David Jones 13311G Hunter Hill Dr., Ha erstawn, MD 21742 21a. McNbd d pspaibon Na, ^ Datanm 21b. Deb d Dhposrean day, year) 21c. Pore d DisposNial (Name d ama • ery, sanest' a ama plxa) 21d. Laadm (Coy y roaq sbb, tip rem) °w ^ Budd ^ Removal Irani Sate i Was Cnaudim a Ddnatlort Aumbdud.CL "_ ^ °bNe~ ~ byA1~y'y ~,tLYes^No 92/2008 moans Cremation Services Leolay PA a 22a. Sgban d ~ Licensee la pesm ) 22b: tioerse Number 22e. Name and Address d Fafnir ` ' - FD 012633 L 1},vin Brothers Ftaneral Ranee :[nc. e Carlisle, PA 17013 Carpels Nems 23ec any when arCiyig 23a To me best d my kroa7edye, Deuced ad me Nnb, dri aM prece srebd. (Siggbre and title) physuan's nd aveif6b at hm d deem b 236. license Nianber 23c Deb Siybd DAaitlt, daY, Y~1 aaWy wse d dmm. • Naps 2426 mss be oaageled by paean 2/. Tani d Deem 25. Deu Prabuwad Dead IMoM day. Yeal 2& Was Cam RNared b Medpl Exardmr i Caona br a Fbasm ONbr Nun CremYion a Danadm? • ~ap0~"~dB7tlL 4:59 P. M• All St 28e 2008 Yes ^No CAUSE OF DEATH (Sae Frntructlona and eYamplas) r Appaanab adaval: Pan N: Eder atlr.. Nam 2). 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Nava ^ '_`.~t- -/ oNicel3aadrq~ (snarl ~...: ,-. -, ^ Yes A /NO ^ Yes ^ No ^ ~'~nt ^ paitiny 6neabpetla 32d. Tans d kpsy 32e. Nqury y Wok? 321. N Traraporteliarl kyuy rSpeply) - 'i' ^ Suiade ^ Cadd Na De Ddemvbd UMa I ~ Loratim d ~ ea. dy; awn, dale) ~ . M. ^ Yea ^ No ^ ~~ ^ Pasmnpa ^Pafestrien - oma • spear 33a. Catania ta~ea a+r au) 9 p~ ( aNyin9 ease a Beam when same dyscian has pronance0 dam aM ~ Sgnatae and r calms To Nb bed a ery Nilowledge, deNA aearod dm ro me ~Me+ed Nom 23) , ause(s)aM mannernsMed-------------------------------- w ~ eerlNYNg pmkW IPhysidai Gam prmaaw;mg man aM cadykg ro cause d dam) i Toth 6alamr MnewNd9q deem ocarredrthe Nme,dae, and press, and dueblM ewee(a)and aenner ae sbbd._---------_----- ^ 33c. Dense ~ ~ 33tl. DaN Sged dal'. i o MedicalEneiNrr/Carats - ~ ( ~ ~~ v On ma Msie d examMntlon wM y a i prece, and due b she ease(s) and manner p sbh~d_ ^ (~•~ o 4 h my opinion, dam occurred rt the 16riR doe, aM 34. Name and Address d Petsan 'gyp ~~Ceum d Dlam (Nam 27( Type! Pr 0 35. Frey re and qa~d ,}.. ~ `[7~1// / - M • !.-ac~lt~D I c~. I ~ I a~. I,T L I 0 I Dee Faso (Mash, my. ray) `J~n~a-t. ~e~ ~ IQLI S~y~ /~dl ~`~1~ ~ ~j¢, = d / ~~~.,~ asposiNOn Pemu No. LAST LY~ILL AND TESTAMENT r7 ~-- ~ ~- ~=~ , OF ; ~,, ~ ~~ _ _ _ _ ~.i' :Tl , OLIYER HASTINGS JONES t ~~.~~:`` ~ , ~ ._ _, ., __ _1 .. .. I, OLIVER HASTINGS JONES, of South Middleton Township, Cu mberland Co unty, Pennsylvania, being of sound mind, disposing memory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. ONE. I direct my Executor to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor of my estate. TWO. My Executor may, at his discretion, compromise; claims, borrow money, retain property for such length of time as he may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could 1 do if living. My Executor is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor. THREE. All of my estate, real, personal and mixed, wheresoever situate, of which I may be entitled at the time of my death and any property over which I rriay have or may hereafter acquire any power of appointment, I give devise and bequeath to my son, THOMAS OLIVER JONES, to be held IN TRUST, together with any other assets received by the trustees (hereinafter collectively referred to as the residue), under the following terms and conditions. A. If THOMAS OLIVER JONES is then living, the trustees shall hold all the residue of my estate in a separate trust for the primary benefit of my said son, who is disabled. In providing for the establishment of this trust for the benefit of my said son, I am aware of the special circumstances and disabilities affecting THOMAS OLIVER JONES which may cause or will cause him to be eligible for various local, state and federal benefits anti entitlements, as well as possible assistance provided by various private agencies and organizations. The primary purpose of this trust is to assure that THOMAS OLIVER JONES achieves his maximum potential and leads as full, independent and normal a life as possible. To that end, it is my wish that the trustees view themselves not only as trustees in the traditional sense, but also as protector, guardian and advocate for my said son. Correspondingly, the trustees shall expend the income and principal of the trust in ways that best further these goals, and under the following terms and conditions. 1. The trustees, within their complete and unfettered discretion, shall apply the income and principal of the trust in furtherance of the purposes of the trust as set forth in Paragraph A. above and generally to enhance the life of my son, THOMAS OLIVER JONES, if living, as he now lives, but only to the extent not provided for by insurance or by Federal, State, local or any other assistance programs of any nature whatsoever, including Supplemental Security Income benefits under the Federal Income Maintenance Program as then existing. To the extent that benefits are not made available to THOMAS OLIVER JONES for other than basic living expenses, including food and shelter, the trustees, in their absolute discretion, may distribute from income and principal, for the benefit of THOMAS OLIVER JONES, for his needs other than basic support. Any income not so expended shall be accumulated and added to principal. For the purposes of this provision, non-support purchases include, but are not limited to dental care; unreimbursable medical and dental expenses, not covered by Medicare or Medicaid, including plastic and reconstructive surgery, diagnostic work and treatment, rehabilitative training and experimental medical services; psychiatric/psychological services; occupational therapy; prosthetic devices; dietary needs and supplements; custodial care or supplemental nursing care; recreation, cultural experiences, outings and travel, including payment for others to accompany THOMAS OLIVER JONES; telephone and television, including cable television; reading and educational materials; Internet access; exercise equipment; unreimbursed therapy; and related insurance. The trustees' discretion in making distributions authorized hereunder is absolute with regard to distributions from the trust estate, and shall be binding on all interested persons. The income and principal of this trust may therefore be used as judged necessary and appropriate as a supplement to, but not to supplant, such Federal, State, local or other assistance, and to the extent the income of this trust is not used, the trustees may accumulate the income and add it to the principal of the trust. While the trust for my son, THOMAS OLIVER JONES, remains in existence, the trustees may also expend such amounts of income and principal therefrom as they, in their sole discretion, may deem necessary for the health, maintenance, support and complete education, including preparatory, college and postgraduate or professional training, of my other children, and grandchildren, but only if the trustees determine that such child or grandchild does not have sufficient funds otherwise available. Nevertheless, this trust is for the primary benefit of my son, THOMAS OLIVER JONES, and his present and future needs shall be considered first. 2. The trustees are empowered to collect and expend on behalf of my said son, THOMAS OLIVER JONES, all governmental financial assistance benefits to which he is otherwise entitled; provided that such funds shall not be co-mingled with the other funds of this trust. 3. In the exercise of discretion with respect to income and principal distributions for THOMAS OLIVER JONES, if any, the trustees shall bear in mind my express desire to preserve, to the greatest extent possible, this trust's assets for eventual distribution to the beneficiaries named hereinafter, whether outright or in trust. The foregoing sentence is in no way intended to limit the sole and absolute discretion of the trustees with respect to such distributions or to give any remainderman any right to challenge any distribution made by t:he trustees in the proper exercise of such discretion. Rather, said sentence is intended to aid the trustees and any Court or administrative agency in properly interpreting my intent in establishing this trust, namely, that the needs of my son, THOMAS OLIVER JONES, be provided for only to the extent that governmental benefits and entitlements and other resources are either unavailable, inadequate, or have been exhausted. 4. If any governmental agency determines that this Trust is an "available resource" to be utilized and exhausted to pay for services for THOMAS OLIVER JONES, otherwise provided by public funding, then the trustees may, at their complete discretion, elect to terminate this trust, in which case the trust assets may be distributed in accordance with paral,-raph five (5) below as if my said son, THOMAS OLIVER JONES, was then deceased. 5. Upon the death of my said son, THOMAS OLIVER JONES, or in the event he should predecease me, the principal of this trust as then constituted, together with any accrued and undistributed income thereon, shall be distributed in the following manner: A. One Hundred (100%) percent thereof shall be distributed, in equal shares, unto my children and grandchildren if they are living at the time of distribution; and if any of my said children or grandchildren are not living at the time of such distribution, then the share which such deceased other child or grandchild would have received hereunder, if living, shall be distributed unto such deceased child or grandchild's issue living at the time of such distribution, per stirpes; and if any of my said children or grandchildren are not living at the time of such distribution and leave no issue then living, then the share which such deceased child or grandchild would have received hereunder, if living, shall be distributed equally unto those of my other remaining children and grandchildren. B. If, at the time of distribution, any income or principal shall be payable to any person who is under the age of twenty-one (21), the trustees shall hold such income and principal until such person reaches the age of twenty-one (21) and shall be entitled to apply such income and principal to the health, maintenance, education and support of such person without the appointment of any guardian or committee or any authority of court. C. All shares of principal and income shall, until actual distribution to the respective beneficiaries, be free from the debts, contracts, alienations and anticipations of any beneficiary or beneficiaries, and the same shall not be liable to any levy, attachment, execution or sequestration. D. Upon the death of any income beneficiary, any accrued, accumulated or undistributed income held or received by the trustees shall be paid to the person or persons for whose benefit the principal producing such income is continued in trust or to whom such principal is distributed under the terms hereof. E. All dividends on shares of a corporation, forming a part of the principal, which are payable in the share of the corporation itself of the same kind and rank as the shares on which such dividend is paid shall be deemed principal. FOUR. I nominate and appoint WILLIAM ANDREW JONES and RICHARD HASTINGS JONES to serve as Trustees of the trust created in. Paragraph Five hereof. WILLIAM ANDREW JONES will have the final say as to any matter related to this trust, unless he is unwilling or unable, at which time RICHARD HASTINGS JONES will then have the final say as to any matter related to this trust. FIVE. I nominate and appoint WILLIAM ANDREW JONES to be the Executor of this my Last Will and Testament. Should he die before my death, renounce or refuse to serve for any reason or die leaving any of my estate unadministered, Inominate and appoint RICHARD HASTINGS JONES as Substitute Executor. SIX. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. SEVEN. No Executor or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. EIGHT. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. NINE. The validity and administration of any trust established hereunder and any questions or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~A day of September, 2005. <- i~ ~G2'~J1O G ~~EAL) OLIVER HASTINGS J Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our names as subscribing witnesses. ~~~ ACKNOWLEDGMENT AND AFFIDAVIT WE, OLIVER HASTINGS JONES, SHARON L. SCHWALM and CHERYL L. CLELAND, the testator and witnesses respectively, whose names are signed to the 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, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as a 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. ~. OLIVER HASTINGS J ES ~~ ~~~~~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HARON L. SCH L .J CHERY L. CLELAND . SS: Subscribed, sworn to and acknowledged before me by OLIVER HASTINGS JONES, the testator herein, and subscribed and sworn to before me by SHARON L. SCHWALM and CHERYL L. CLELAND, witnesses, this ~~ day of September, 2005. 3. c&,.~ Notarv 1Public ~~~~~,, rrai Seai B. ,Notary Public Cad Cumt~iand County t`M Camrnissbn Expires Oct. 3, 2008 Membar, Pennsylvania Association Of Notaries RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of OLIVER HASTINGS JONES I, WILLIAM ANDREW JONES (Print Name) EXECUTOR/SON n C~ `' -~ c-~ _' _, ~;, r _ ~rn 77 `--~ ~ ~~ .._ --„ --+ r ~~ o t f`J ' b. F ~. - a Deceased in my capacity/relationship as of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to RICHARD HASTINGS JONES SEPTEMBER 2, 2008 (Date) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , ignature) 400 WEST 43RD STREET, APT 11T (Street Address) NEW YORK, NY 10036 (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renu ion for the purp~es s ated within on this day Deputy for Register of Wills Nofary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) cc>~o~~.,H of PeMMSnvavu~- Form RW-06 rev. 10.13.06 Nolariel seal Icsren S. Noel, Mowry PubNc c~rlisle Bow, curnberMmd Cotngt My Gortrn~sion E~iree Dec. 8, 2011 Member, Pennaylvenle Associatbn of NogAss