Loading...
HomeMy WebLinkAbout10-14-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of BEATRICE NYILAS File NumberoZ.I -OFf ' L~o1o1- also known as ,Deceased Social Security Number Petttio er(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW.) ®/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the PERSON named in the last Will of the Decedent dated MAY 8, 1999 and codicil(s) dated (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 (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente life; durante absentia; durance minoritate) Petitioner(s) after a proper search has (have ascertained that Decedent leftno Will and was survived by the following spouse (if any) and heirs: (If Administration, c. t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~ p Name Relafionshi Resid ` - '-1~ __' m ~` '_) J ~~ ~ ` (COMPLETE 1N ALL CASES:) Attach additional sheets if necessary. ~ - ' - ~ --l CO ~ ~ ~_ ", Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his !her last principal~sidence at _,__ G9 SHERWOOD CIRCLE ENOLA EAST PENNSBORO TOWNSHIP CUMBERLAND COUNTY PENNSYLVANIA 17025 .[`- (List street address, Gown/city, township, county, state, aip code) Decedent, then 89 years of age, died on SEPT. 26, 2008 at GOLDEN LIVING HOME, CAMP HILL, PA Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 20,000.00 (If not domiciled in PA) Personal property in Pennsylvania $ (If nat domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: BETSY BARRICK ULMAN, f/k/a Betsy M. Barrick, 69 Sherwood Circle, Enola, PA 17025 l Form a w-oz r~~. ~ o. ~ 3.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to ]aw. Sworn to or affirmed and subscribed before me the I '-1- day of ~~~_~~ • ~ • (d~.~ For the Register Signature of Personal Representative C r ~~ C ~ Signature of Personal Representative - ?> ~ "-~! ~~ ~ ~ _ ~ r `'\~~ 1 ;~.~ ~~.1 -tl A File Number: ~~ '~~ (022 3> Estate of BEATRICE NYILAS Deceased a_. r. ,t:- t, ! Social Security~N~u"m"ber: 172-07-2185 Date of Death: SEPT. 26, 2008 AND NOW, ~~~ ~ ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to BETSY BARRICK ULMAN in the above estate and that the instrument(s) dated MAY 8, 2008 described in the Petition be admitted to probate and filed of record as the last W~11(and Codicil(s)) of Decedent. FEES Letters ............... $ (d~ ~C~ Short Certificate(s) ........ $ r~~ , CY.~ Renunciationnn(s) .......... $ ~TCP ... $ ICS. «c~ ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ I ~ 14.00 1 Register of Will ~ ; ~ ~ l I Attorney Signature: ~""" Attomey Name; LI A MARIE COYNE Supreme Court LD. No.: 53788 - Address: 3901 MARKET STREET CAMP HILL, PA 17011-4227 Telephone: 717-737-0464 Form RW-01 rev. !0.!3.06 Page 2 of 2 • • LAST WILL AND TESTAMENT I, BEATRICE NYILAS, of Allegheny County, Pennsylvania, do make this my Will, hereby revoking any and all Wills at any time heretofore made by me. FIRST: I direct that the expenses of my last illness and funeral be paid out of my estate as soon as may be convenient after my death. SECOND: I give all of my tangible personal property to my sisters, HAZEL NYILAS and HELEN N. FOX, or to the survivor of them, if they or the survivor of them survive me for a period of thirty (30) days, such property to be divided between my ty~g c~ ~~ sisters as they shall agree. ~© ~, =' ~' '_~ c~ i _J ``r ~ ~'1 C.. -__- f l"1 ~.- .. _ _ THIRD: (A) All the residue of my estate, 'a~ and ~" tj _n 7a a, personals and wherever situate, I give outright and fre'e~of ~ , - ~ -, _ ~ . . trust, to my sisters, HAZEL NYILA5 and HELEN N. FOX, as joint. tenants with right of survivorship, or the survivor of them, if they or the survivor of them survive me for a period of thirty (30) days. If neither of my sisters so survives me, I direct that all the rest, residue and remainder of my estate shall be divided into ten (10) equal shares which I give, devise and bequeath as follows: PI-354315.01 (i) Three (3) shares to my grandnephew, JOHN W. MARTON, if he survives me for a period of thirty (30) days; (ii) Three (3) shares to my grandniece, BETSY M. BARRICK, if she survives me for a period of thirty (30) days; (iii) One (1) share to my grandniece, SANDY NYILAS, if she survives me for a period of thirty (30) days; (iv) One (1) share to my grandnephew, BRIAN NYILAS, if he survives me for a period of thirty (30) days; (v) One (1) share to my grandnephew, WILLIAM C. ROESNER, not for his benefit and enjoyment, but as Custodian for his son, WILLIAM F. ROE5NER, under the Pennsylvania Transfers to Minors. Act. In the event WILLIAM C. ROESNER is unwilling or unable to serve as Custodian, then my Executrix shall have the authority to designate a substitute or successor Custodian for WILLIAM F. ROESNER under the Pennsylvania Transfers to Minors Act; and (vi) One (1) share to my grandnephew, WILLIAM C. ROESNER, not for his benefit and enjoyment, but as Custodian for his son, ZACHARY ROESNER, under the Pennsylvania Transfers to Minors Act. In the event WILLIAM C. ROESNER is unwilling or unable to serve as Custodian, then my Executrix shall have the authority to designate a substitute or successor Custodian for ZACHARY ROESNER under the Pennsylvania Transfers to Minors Act. - 2 - (B) The share of any grandnephew or grandniece not surviving me for a period of thirty (30) days shall be added proportionately to the shares of the remaining grandnephews and grandnieces named above. FOURTH: (A) I appoint my grandniece, BETSY M. BP,RRICK, Executrix of this my Will. (B) The Executrix hereunder shall have the following powers, in addition to and not in limitation of those granted by law: to accept assets in kind in distribution from my estate; to collect proceeds of insurance on my life and to use such proceeds to purchase assets from my estate or to make loans to my estate; to retain assets in kind or to sell the same and to invest and reinvest the proceeds and any other cash in any kind of property, real or personal, or part interest therein, located in the United States or abroad, all statutory and other limitations as to the investment of funds, now or hereafter enacted or in force, being waived; toehold income cash uninvested until the next regular payment date, without liability for interest thereon; to pledge, exchange or mortgage real or personal property and to lease the same for terms exceeding five (5) years; to give options for sales, leases and exchanges; to borrow money; to compromise claims; to vote shares of corporate stock, in person or by proxy, in favor of or against management proposals; to carry securities in the name of a nominee, including that of a clearing - 3 - corporation or depository, or in book entry form or unregistered or in such other form as will pass by delivery; and to make division or distribution hereunder either in cash or in kind and to allocate to different shares different kinds of or interests in property and property having different bases for Federal income tax purposes. (C) The Executrix may employ attorneys, accountants, banks and others and may pay them out of the estate as the Executrix deems fit. The Executrix is specifically authorized to retain a professional fiduciary as agent in the administration of the estate and may delegate to such agent any or all of the Executrix's powers hereunder. (D) No bond shall be required of any fiduciary hereunder in any jurisdiction, and no individual fiduciary shall be entitled to compensation. No fiduciary hereunder shall have any liability for any mistake or error of judgment made in good faith. - FIFTH: I realize that fiduciaries are given discretion by law to make various elections which affect the income and estate taxes payable by estates, trusts and beneficiaries, as well as the relative shares of beneficiaries, such as taking administration expenses as deductions for either estate or income tax purposes, selecting alternate valuation dates, postponing the payment of taxes, disclaiming any interests - 4 - ___.,...._ _.., ___.-__-..-, _ w~~- to which I or my estate may be entitled and redeeming corporate stock. The decisions made by my fiduciary in any of these matters shall be binding upon, and not subject to question by, any affected persons. I rely upon my fiduciary to take into consideration the total income and estate taxes payable by reason of her decisions, including those payable by my survivors, and she is authorized in her discretion, but not required, to make adjustments between income and principal as a result thereof. SIXTH: I direct that all estate, inheritance and other taxes in the nature thereof, together with any interest and penalties thereon, becoming payable because of my death with respect to the property constituting my gross estate for death tax purposes, whether or not such property passes under this Will, shall be `paid from the principal of my residuary estate, and no person receiving or having a beneficial interest in any such property, whether under this Will or otherwise, shall at any time be required to contribute to refund any part thereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~ day of May, 1999. C '~'~' ~~ ( SEAL ) BEATRICE NYI Signed, sealed, published and declared by BEATRICE NYILAS, the Testatrix above named, as and for her Last Will and - 5 - Testament in the presence of us who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses hereto. ~L~ 0~~~ G° ~+2~ Address:~b~7 ~~~,~ Address:~~Q~ -~ Addre~ : ~~ ~ G~~" v ` ~ ~ ~~ - 6 - ~- ....C OIL ~ ~ _____ ------ ___-____T _~ _~ --- --~.-~- ss: COUNTY OF ALLEGHENY ) We, BEATRICE NYILAS, N~1ZEL NYJLAS /~IfIRCCl.L4 E~ /~ARToiII ~ and JOHN MgRTDN , 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 Testament and that she had 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 Testatrix, signed the Will as witness and that to the best of the knowledge of each of them the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Beatrice Nyilas ~ J~ Witness Witne tness Subscribed, sworn to and acknowledged before me by Beatrice Nyilas, the Testatrix, and subscribed and sworn to before me by .H.gz~L iV'YI~~S M~RCE/LA E• /~/IARTO/V cT0/tiV M~RTDit/ , witnesses, this and COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ss: On this the ~ day of May, 1999, before me, a Notary Public, the undersigned officer, personally appeared THOMAS F. NELSON, known to me to be a member of the Bar of the highest court of said Commonwealth (I.D. #01327) and a subscribing witness to the within instrument, and certified that he was personally present when 88ATRICE NYILAS, whose name is subscribed to the within instrument as Testatrix, MARCELLA E. MARION, JOHN MARION, and HAZEL NYILAS, as witnesses, executed the same, and that said Testatrix acknowledged that she executed the same for the purposes therein contained and that each of the witnesses, in the presence and hearing of the Testatrix, signed the will as witnesses 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. seal. IN WITNESS WHEREOF, I hereunto set my hand and official f No ry ublic My Commission Expires : Ntstarial seat Donna L. Joyyce, Notary PubAo pftttbur~h, AAegheny Courriy ~y Commt ~on Ex~kes oct. 2+3,1999 NlemhRr, p~nns~rlvenie Aaseaiallen of NsEarfes