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HomeMy WebLinkAbout10-03-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of WALTER TERRY EICHELBERGER also known as Deceased Petitioner(s), who is/aze 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) COUNTY, PENNSYLVANIA File Number p~ ~ - ~-09~ Social Security Number 202-36-6416 ® A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EXECUTRIX last Will of the Decedent dated FEB 13, 1998 and codicil(s) dated 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: B. Grant of Letters of Administration Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (Ifapplicable, enter.• c.t.a.; d.b.n.c.t.a.; pendente liter durante absentia; durance mtnoritate) _~ ~IIS~(f any) an~irs: (lf .. . Q --.r; ~__,3 ~ ~ --:.~ (COMPLETE INALL CASES:J Attach additional sheets if necessary. ~ --f , 3' ~ - , Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residence at ~ 155 FOGELSANGER ROAD SHIPPENSBURG PA 17257 (List streei address, town/city, township, county, state, zip code) Decedent, then 60 years of age, died on SEPT 25, 2008 at SHIPPENSBURG ROAD, MENALLEN TWP, ADAMS COUNTY Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA $ 445,600.00 Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ $ 1,899,500.00 situated as follows: 155 Fogelsanger Rd, Shippensburg 17257, 310 Shady Rd, Newburg, 17240, 404 Evergreen Rd, New Cumberland 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: NDY B. EICHELBERGER, 155 FOGELSANGER RD, SHIPPENSBURG PA 17257 Form RW-01 rev. 10.13.06 Page 1 of 2 LAST WILL AND TESTAMENT ~ ~~ OF r'' ~o WALTER TERRY EICHELBERGER r ~ c~ ~~ C7 ~ --.. r-- ^~ ~ I, Walter Terry Eichelberger, a resident of Shippensburg, Pennsyl~ahta,~-i~nake,~, publish and declare this to be my Last Will and Testament, revoking all wills and co~i'`' t any time heretofore made by me. _;~,-, ., :.~- o FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, .and any interest or penalties thereon, shall be paid out of my residuary estate, without a right of reimbursement from any recipient of any such property (includingrtreimbursement~under Section 2207B of the Internal Revenue Code). SECOND: I give all my real estate in equal shares to those of my children (Benjamin Bard Eichelberger and Nicholas Eugene Eichelberger and any other children which I hereafter may have) who survive me and to the issue who survive me of those of my children who shall not survive me, ner stirpes. If, however, any child of mine who survives me shall be under the age of thirty (30) years at my death, then I give all of my real estate to my Trustees, who shall hold my real estate as a single trust for the benefit of all of my children and their issue from time to time living, and shall distribute or pay so much or all of the net income and principal thereof as my Trustees shall determine to, or apply the same for the health, education, maintenance and support of, any one or more of said group with the intention that total distributions from the Trust shall be equal by Trust termination date, and shall add to principal all income not so paid or applied. Whenever, at or after my death, all of my living children shall have attained the age of thirty (30) years or have died, then my real estate (without adjustment for principal previously paid to or for the benefit of any member of the aforesaid group), shall be paid and distributed to my then living issue, ner stirpes. THIRD: I give to my wife Judy Bard Eichelberger, if she survives me, all monies accrued in my Individual Retirement Account with Waterhouse Securities. All other tangible personal property is given as hereafter provided with respect to my residuary estate. FOURTH: I give to my wife Judy Bard Eichelberger, if she survives me, the aggregate value of any other property passing to her under this will or otherwise real and personal ofHwh te~ver kind and where ver locatednth ter of my property and estate, both manner entitled at the time of my death (collectively referred twas my °residuaryaestate')~as follows: _, r ~: P~ (a) To those of my children who survive me and to the issue who survive me of those of my children who shall not survive me, per stirpes; PROVIDED, HOWEVER, that if any child of mine shall be under the age of thirty (30) yeazs at my death, my residuary estate instead shall be given to my Trustees and held by my Trustees, IN TRUST, as a single trust for the benefit of my children and more remote issue, as hereinafter provided. My Trustees shall pay so much or all of the net income and principal of this trust to, or for the benefit of, any one or more of said group, for their health, education, maintenance and support, as determined by my Trustees in their absolute discretion. Whenever all of my children shall attain the age of twenty-one (21) yeazs, or shall have died prior to said age, all of the net income of this trust shall be paid or distributed as aforesaid, in quarter-annual or more frequent intervals as determined by my Trustees in their absolute discretion, rather than being accumulated. Whenever all of my children shall attain the age of thirty (30) years, or shall have died prior to said age, all remaining income and principal (without adjustment for amounts previously paid) shall be paid and distributed to my then living issue, ner~ stirnes. (b) If no issue of mine survives rne, I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate, and a resident of the Commonwealth of Pennsylvania. SIXTH: The determination of my Trustees as to the amount or advisability of any discretionary payment shall be final and conclusive on all persons, whether or not then in being, having or claiming any interest in such trust. No disposition, charge or encumbrance on any income or principal of any trust hereunder by any beneficiary thereof shall be valid or binding upon my Trustees. No beneficiary shall have the right to assign, transfer, encumber or otherwise dispose of any such income or principal until the same shall be paid to such beneficiary by my Trustees. No such income or principal shall be subject in any manner to any claim of any creditor of any beneficiary. The right of any beneficiary to any income or principal hereunder shall be subject to all charges or deductions which my Executor or Trustees may make under law or any .provision of this will. Upon making any payment of income or principal from any trust hereunder, my Trustees shall be released fully from all further liability therefor. SEVENTH: If any principal or income of my estate or any trust hereunder vests in absolute ownership (free of trust hereunder) in a minor or incompetent, my Executor or Trustees, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or an maintenance and support of the benefici y P~ for the health, education, ary; or distribute the whole or any part to a guazdian, committee or other legal representative of the beneficia (including a custodian appointed by my Executor or Trustees without court order) undereany gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides to use for the beneficiary. Evidence of any such distribution or the receipt therefor c,~.~a..e~7, ~-~..~.,L.~vrL~~,~..~ ~~ ~ executed by the person to whom the distribution is made shall be a full discharge of my Executor and Trustees from any liability with respect thereto, even though my Executor or Trustees may be such person. If such beneficiary is a minor, my Executor or Trustees may defer the distribution of the whole or any part of such property until the beneficiary attains the age of twenty-one 21 years, and may hold the same as a separate fund for the benefici ( ) described in Article EIGHTH hereof. If the beneficiary dies before attain ng. said age, any balance shall be paid and distributed to the estate of the beneficiary. The word "minor", wherever used in this Article SEVENTH, shall mean any person who shall be under the age of twenty-one (21) years. EIGHTH: My Executor and Trustees shall have all of the powers conferred by law upon fiduciaries in every jurisdiction in which they may act. In addition, the following powers are conferred upon both my Executor and Trustees, exercisable in the absolute discretion of my Executor and Trustees, as the case may be: (a) To retain and hold any property for any period, whether or not the property is of the character permissible for investment by fiduciaries under any applicable law, and without regard to the effect the retention may have upon diversification of investments. (b) To sell, exchange, grant options on, transfer or otherwise dispose of any property, at public or private sale, for cash or on credit, secured or unsecured, at such time or times, in such manner and upon such terms and conditions as my Executor or Trustees shall deem advisable. (c) To invest and reinvest in common or preferred stocks, bonds, securities, mortgages, investment trusts, common trust funds, mutual funds, evidences of rights or interests, and other property, real or personal, domestic or foreign, whether or not the investments are permissible for fiduciaries under any appli- cable law and without regard to diversification, (d) To render liquid my estate or any trust in whole or in part, at any time and from time to time, and to hold cash or readily marketable securities of little or no yield for such periods as my Executor or Trustees shall deem advisable. (e) To manage, maintain, repair, alter, improve, insure, partition, subdivide, lease for any term (whether or not beyond any period fixed by statute for leases made by fiduciaries or beyond the term of any trust created hereunder), mortgage, encumber, grant security interests in, or otherwise purchase, dispose of, or deal with any real or personal property, as my Executor or Trustees shall deem advisable. t,Ja.vZ.~T . ~' , (f) To abandon any property which my Executor or Trustees shall deem worthless or not of sufficient value to warrant keeping or protecting; to abstain from the payment of taxes, assessments, repairs, maintenance or other upkeep therefor; to permit any property to be lost by tax sale or other proceedings or to convey any such property for no or a nominal consideration. (g) To form one or more corporations, alone or with any person, in any jurisdiction, and to transfer assets of my estate or any trust to any new or existing corporation in exchange for stock; to form one or more partnerships with any person in any jurisdiction, to have my estate, any trust or a nominee be a general or limited partner, and to transfer assets of my estate or any trust to any new or existing partnership as a capital contribution; to enter into one or more joint ven- tures or associations with any person in any jurisdiction, and to commit assets of my estate or any trust to the purposes of those ventures or associations; and to retain as an investment for any period any securities, partnership interests or other assets resulting from any such actions. (h) To enter into, modify or terminate agreements with any person regarding voting rights, management, operation, retention or disposition of interests in corporations, partnerships, joint ventures, associations or other businesses of my estate or any trust, regardless of whether any agreement is in effect when that business interest is received by my Executor or Trustees; to retain and continue to operate, or permit the operation of, any business, on the terms which governed when received by my Executor or Trustees or on different terms; to invest additional sums in any business, even to the extent that my estate or any trust may be invested entirely in any business, without liability for any loss resulting from lack of diversification; to act as or select other persons (including any beneficiary) to act as directors, officers, managers or employees of any business, with reasonable compensation without regard to their being a fiduciary or beneficiary and, in the case of my Executor or Trustees, without regard to the commissions allowed by law; to discontinue any business or sell or otherwise dispose of any interest therein on such terms and conditions as my Executor or Trustees shall deem advisable; and to make such other arrangements with respect to any business as my Executor or Trustees shall deem advisable. I exonerate my Executor and Trustees from any loss resulting from the retention or operation of any business or any depreciation in the value thereof, unless such loss shall result from the gross negligence or willful misconduct of my Executor or Trustees. (i} To vote, in person or by general or limited proxy, any shares of stock or other securities; to exercise or dispose of any options, subscription or conversion rights, or other privileges or rights of any other nature; to become a parry to, or deposit securities or other property under, or accept securities issued under any voting trust or similar agreement; to assent to or participate in any reorganization, readjustment, recapitalization, consolidation, merger, dissolution, liquidation, sale or purchase of assets, lease, mortgage, election, contract, agreement, or other action or proceeding by any corporation; to deposit securities or other property V f,]~ c,~b..e~._,~. ~ J~ under, or become a party to, any agreement or plan for any such action or proceeding or for the protection of holders of securities; to subscribe to new securities or exchange property in connection with the foregoing; to delegate discretionary powers to any reorganization, creditors, stockholders or similar committee or protective group; and to pay any assessments or expenses in connection with the foregoing. (j) To pay, collect, adjust, compromise, settle or refer to azbitration any claim in favor of or against my estate or any trust, and to institute, prosecute or defend such legal proceedings as my Executor or Trustees shall deem advisable. (k) To foreclose mortgages and bid for property under foreclosure or take title by conveyance in lieu of foreclosure; to continue investments after maturity; to modify, renew or extend any note, bond, mortgage, security agreement or similaz instrument upon such terms and conditions as my Executor or Trustees shall deem advisable; to release obligors or guarantors or refrain from instituting suits or actions for deficiencies; and to expend any sums or use any property as my Executor or Trustees shall deem advisable for the protection of any property or interest therein. (1) To borrow money or assets for any purpose, without personal liability therefor, from any person including my Executor or Trustees, and to secure repayment by mortgage or pledge of any property. (m) To lend assets to any person, including a beneficiary, the estate of a deceased beneficiary, or an estate or other trust in which a beneficiary has an interest, upon any terms and conditions, with or without security, for any purpose which may or will benefit my estate, any trust or any beneficiary. (n) To exercise, at such times and in such manner as my Executor or Trustees shall deem advisable, any right of election or other rights which from time to time may be available under the Internal Revenue Code or any other tax law, and to make such other decisions as my Executor or Trustees may deem appropriate with respect to expenses or deductions for estate or income tax purposes, the valuation of assets, the filing of any joint or other income, gift or other tax returns and the apportionment of any joint tax liability, and the payment of any tax or collection of any refund, regazdless of the effect of any such action on the interest of any beneficiary of my estate and without the necessity of making adjustments or reimbursements between principal and income or among the beneficiazies of my estate. (o) To employ and pay the compensation of accountants, attorneys, experts, investment counselors, custodians, agents and other persons or firms providing services or advice, irrespective of whether my Executor or Trustees may be associated therewith; to delegate discretionary powers to such persons or firms; GJa.e.~~.7. ~' and to rely upon information or advice furnished thereby or to ignore the same, as my Executor or Trustees shall deem advisable. (p) To pay any and all costs, chazges, fees, taxes, interest, penalties or other expenses of the administration of my estate, in installments with interest if desired, and except as expressly provided in Article FIRST hereof or elsewhere herein, to chazge the same against the income or principal, or partly against each, of my estate or any trust. (q} To hold property in their names as Executor or Trustees, or in their names without designation of any fiduciary capacity, or in the name of a nominee or nominees, or unregistered, or in beazer form; to deposit property with a custodian or depository; and to remove property from Pennsylvania and keep property in other jurisdictions, without bond, surety or other security. (r) To pay any legacy or distribute, divide or partition property in cash or in kind, or partly in kind, and to allocate different kinds of property, disproportionate amounts of property and undivided interests in property among any trusts, parts, funds or shazes, and to determine the fair valuation of the property so allocated, with or without regazd to tax basis; to distribute directly from my estate to beneficiaries of any trust hereunder whether or not such trust has been funded; to hold the principal of separate trusts (including trusts established under the last will and testament of my wife) in a consolidated fund and to invest the same as a single fund; to split trusts for purposes of allocating generation-skipping transfer tax exemptions (within the meaning of Section 2642(a) of the Internal Revenue Code); and to merge any trusts (including trusts established under the last will and testament of my wife) which have substantially identical terms and beneficiazies, and to hold them as a single trust. Notwithstanding anything to the contrary contained in this will, if the value of any trust under this will is less than Twenty Five Thousand Dollazs ($25,000.00}, as of the date on which it is to be fully funded or at any time thereafter, my Executor or Trustees may terminate the trust and distribute the trust assets to the income beneficiaries thereof. (s) To act or refrain from acting in all respects as if financially uninvolved, regardless of any connection with or investment in any business or any conflict of interest between any fiduciary hereunder and my estate or any trust. No Executor or Trustee shall be disqualified or barred from exercising any power or discretion conferred by law or under this will because such fiduciary may be a shazeholder, officer, director, member, partner or person in any way interested in a corporation, partnership or other person or entity affected by the exercise of such power or discretion. My Executor or Trustees may contract, in any manner that my Executor or Trustees shall deem advisable, with any such corporation, partnership, person or entity. r ~~ ~~ (t) To do all acts and execute and deliver all instruments as my Executor or Tru t s ees may deem necessary or advisable to cant' out any of the foregoing powers. No fiduciary shall be liable for acts or omissions in administering my estate or any trust created under this will, except for that fiduciary's own actual fraud, gross negligence or willful misconduct. If any fiduciary becomes liable as fiduciary to any other person who is not a beneficiary in connection with any matter not within the fiduciary's control and not due to the fiduciary's actual fraud, gross negligence or willful misconduct, such fiduciary shall be fully indemnified and held harmless by my estate or by the trust created hereunder giving rise to such liability, as the case may be, from and against any liability, claim, loss, damage or expense, including reasonable attorneys' fees, that such fiduciary may sustain. No person who deals with any fiduciary hereunder shall be bound to see to the application of any asset delivered to such fiduciary, or to inquire into the authority for, or propriety of, any action taken or not taken by such fiduciary. NINTH: In addition to the other powers granted hereunder, my Executor and Trustees shall be entitled to determine the following; (a) My Executor or Trustees may determine, when there is reasonable doubt or uncertainty as to the applicable law or the relevant facts, which receipts of money or other assets should be credited to income or principal, and which disbursements, commissions, assessments, fees, taxes (except as provided in Article FIRST hereof), and other expenses should be charged to income or principal. (b) Any distributions or dividends payable in the stock of a corporation, and rights to subscribe to securities or rights other than cash declared or issued by a corporation, shall be dealt with as principal. (c) The proceeds from the sale, redemption or other disposition, whether at a profit or loss, and regardless of the tax treatment thereof, of any property con- stituting principal, including mortgages and real estate acquired through foreclosure or otherwise, shall normally be dealt with as principal, but my Executor or Trustees may allocate a portion of any such proceeds to income if the property disposed of produced no income or substantially less than the current rate of return on trust investments, or if my Executor or Trustees shall deem such action advisable for any other reason. (d) The preceding provisions of this Article NINTH shall not be deemed to authorize any act by my Executor or Trustees which may be a violation of any law prohibiting the accumulation of income. ~j TENTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me (or any other person upon whose death the interest of such beneficiary depends) unless such beneficiary survives me (or such other person) by more than thirty days. ELEVENTH: I appoint my wife Judy Bard Eichelberger to be my Executor. If my wife does not survive me, or shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint Dwight A. Topper and Nancy Bazd Fritz as Co-Executors. I appoint Dwight A. Topper and Nancy L. Fritz as Co-Trustees under this will. If either of my Trustees shall fail to qualify for any reason as Trustee or, having qualified shall die, resign or cease to act for any reason as Trustee, the other Trustee may act alone as Trustee. I direct that no Executor or Trustee shall be required to file or furnish any bond, surety or other security in any jurisdiction. Any Trustee, at any time and from time to time, by an instrument in writing signed and acknowledged, may delegate any or all of the rights, powers, duties, authority and privileges of such Trustee, whether or not discretion the next paragraph of this Article ELEVENTH, to any other Trustee foresuech period o ~pleriods of time as may be designated in such written instrument; provided, however, that any such instrument shall be revocable at any time. Notwithstanding anything to the contrary contained in this will, during such time as any current or possible future beneficiary of any trust created hereunder may be acting as a Trustee hereunder, such person shall be disqualified from exercising any power to make any discretionary distributions of income or principal to himself or herself or to satisfy any of his or her legal obligations, or to make discretionary allocations of receipts or disbursements as between income and principal. Such powers shall be exercisable, if at all, only by the other Trustee acting at the time with such beneficiary. No Trustee who is a current or possible future beneficiary of any trust hereunder shall participate in the exercise of any powers of my Trustees which would cause such beneficiary to be treated as the owner of trust property for tax purposes. Any Executor or Trustee, subject to the judicial or non judicial settlement of the accounts of such Executor or Trustee, may resign at any time by an instrument in writing, signed and acknowledged in duplicate, one counterpart of which shall be delivered to the court in which this will is admitted to probate and the other counterpart of which shall be delivered to the successor Executor or the successor Trustees, as the case may be. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. The term "Trustees" wherever used herein shall mean the trustees or trustee in office from time to time. Each Executor and Trustee shall have the same rights, powers, duties, authority and privileges, whether or not discretionary, as if originally appointed hereunder. r.J~_ 7 . ~ `~ J The terms "child", "children" and issue, wherever used in this will, include children and issue hereafter born. Any provision herein which refers to a statute, rule, regulation or other specific legal reference which is no longer in effect at the time said provision is to be applied shall be deemed to refer to the successor, replacement or amendment to such statute, rule, regulation or other reference, if any, and shall be interpreted in such a manner so as to carry out the original intent of said provision. Wherever used in this will and the context so requires, the masculine includes the feminine and the singulaz includes the plural, and vice versa. TWELFTH: If my wife shall not survive me, I appoint Nancy L. Fritz to be the Guardian of the person and property of any children of mine who have not attained the age of majority. No Guazdian shall be required to file or furnish any bond, surety or other security in any jurisdiction. If my Trustees or any trust hereunder is the beneficiary of any life insurance policy, my Trustees shall be entitled to the insurance proceeds rather than my Guardian. IN WITNESS WHEI2EpF, I, Walter Terry Eichelberger, sign my name and publish and declare this instrument as my last will and testament this ~ day of February, 1998. GJQ.e~~~.~-~- Walter T Eichelberger The foregoing instrument was signed, published and declazed by Walter Terry Eichelberger, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. having an address at _ ~ 120k~2~~~ i? j~, ,~a~r~~SRU,aC-. ~~ -~ ~- having an address at nn // ui ~r,9 ~7N7~r 7 ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: We, alter Terry Eichelberger and ~~~~ j S ~ , `~ ~ I Q ~_~-~__ ~~~~_____________________,the~estatorandthe witnesse>;' Ye~spectively, whose names are signed to the attached or fore oin first duly sworn, do hereby declare to the undersigned authority that the Testator, Walter Terry Eichelberger, signed and executed said instrument as his last will and testament in the presence and hearing of the witnesses, and that he had signed willingly, and that he executed it as his free and voluntary act and deed for the purposes therein expressed, and that each of the witnesses at the request of the Testator, in the presence and hearing of the Testator and each other, signed the will as witness, and that to the best of his or her knowledge the Testator was at the time at least eighteen years of age, of sound mind and under no constraint, duress, fraud or undue influence. Subscribed, sworn to and acknowledged before me by the said Walter Terry Eichelberger, Testator, and subscribed and sworn to before me by the above-named witnesses, this ~~lday of February, 1998. Notary Public j My commission expires on ~ ~ a~ _l~g C:lmydocumerrtsleichel2.doc NOTARIAL SEAL LORI A. SULLIVAN, NOTARY PUBLIC CHAMBERSBURG, FRANKLIN COUNTY, PA MY COMMISSION EXPIRES NOV. 26, 1998 LJ~-..7 ~,