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HomeMy WebLinkAbout10-31-08PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Barbara K. Wickard File Number _~ / (, ~~ ~® also known as _ T ecease Social Security Petitioner(s) who is/are 18 years of age or older, apply(ies) for: ~X~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/~ the Executor named in the I ast Will and Testament of Barbarab K. P ickard. state re evenat circumstances, e.g. renunctatton, eat o 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.; .n.c.t.a.; en ente tte; urante a sentta; urante mtnorttate Petitioner(s) after a proper search has/have ascertained that Decedent left no wll 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.) ame „ _~____ ___ COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence lU East Ridge Street Borough of Carlisle Cumberland tct ctrovt n racc town ~,r.~ t ~ c Decedent then 74 years of age died on Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: PA 2,300.00 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 undersiened: name 10 East PA 17013 ~.~ ~~: _ _ ~ .." ~_: =tea _ i Yl ; _ .~ ('"-` _' '. .. (.ti ___ ~:;~ - _ t`~ "'1 _1 ; . . 31-Mar-08 Page 1 of 2 OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY of CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corn 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 and subscribed before me tr is I ~ day of October, 2008 ~ C' t. For the Register File Number: Estate Of Barbara K. Wickard Social Security Number: o _:' -~ ~ ~-, ~~ ~,= __ , Deceased ~' ,,T ~~ _ _ -~ Date of Death - ~ ~ ~`• ~1-Mar-08 L~ f: AND NOW `~ 6~~.m~ ~ , "U~ having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Raymond C. Wickard in the above estate and that the instrument(s) dated June 19, 2001 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) FEES Signature jl ~~ Attorney Name Letters V. Short Certificates Sup. Ct. I.D. No Rerrcm~i~fion I~ Address: w.~ 5 . ~- Telephone: TOTAL... --' v ~~ ~/~`~ ~-, r--~ `>~.y Robert M. Frey 6274 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Page 2 of 2 a~ ~ ~~~ LAST WILL AND TESTAMENT OF BARBARA K. WICKARD I, BARBARA K. WICKARD, of 10 East Ridge Street in the Borough of Carlisle Cumberland County, Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby make, publish, and declare this as and for my Last Will and Testament, hereby revoking and making void any and all Wills by me at any time heretofore made. a~~ 1. I direct my hereinafter named Executrix or Executors to pay all of my~st debts`:ai1d funeral expenses as soon after my death as may be found convenient to do so. pct tha 11 inheritance, transfer, succession, estate and death taxes which may be payable on att o~iy death shall be paid from the residue of my estate regardless of whether the assets upon=:u4~ilch stuch taxes are based are included in my probate estate. I direct that all inheritance transfer succession and estate taxes which may be payable on account of my death shall be paid from the ~'e~~~~e of~y estate regardless of whether the assets upon which such taxes are based are included y pro~ate estate. -, ~ -' • - , = ,, 2. If at the time of my death I am the owner of any shares of stock in the business conducted at Susquehanna House at 162 York Road, Carlisle, PA 17013, I give and bequeath the same in equal amounts to my daughter KURIN WICKARD and my daughter KAREN WICKARD, theirs heirs and assigns. 3. If at the time of my death I am the owner of the building and land known as Susquehanna House located at 162 York Road in South Middleton Township Cumberland County Pennsylvania, I give, devise, and bequeath the same in equal shares to my two daughters KURIN WICKARD and KAREN WICKARD, their heirs and assigns, and if the devise to them of this property is effective, then I give also the sum of twenty five thousand ($25,000.00) dollars to each of my other four daughters who are KATHLEEN HEFELFINGER, KIMBERLY HAGENBUCH, KRISTEN WICKARD and KOLENE SPICHER. If, however, I am not the owner of the property at 162 York Road and therefore this devise fails then the bequest of twenty five thousand ($25,000.00) dollars to each of my other four daughters shall likewise fail. 4. If at the time of my death I am the owner and lot of ground at 617 South Hanover Street in the Borough of Carlisle Cumberland County Pennsylvania, I give devise and bequeath the same to my six daughters, their heirs and assigns, provided each of them shall survive me by a period of ninety (90) days, but should any of them fail to so survive me then the shares such deceased daughter would have received shall pass to such of her issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes, but if there be no such issue the same shall lapse and be added to the shares of my other daughters, their heirs and assigns, per stirpes. 5. All the rest, residue, and remainder of my estate, real, personal, or mixed, and wheresoever the same may be situate, I give, devise, and bequeath to my husband, RAYMOND C. WICKARD his heirs and assigns, to the exclusion of my children born or unborn, provided my said husband RAYMOND C. WICKARD shall survive me by a period of ninety (90) days. 6. Should my said husband RAYMOND C. WICKARD predecease me or fail to survive me by the aforesaid period of ninety (90) days, then in such event all the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath in equal shares to such of my six daughters, their heirs and assigns, as shall survive me by a period of ninety (90) days, but should any of then fail to so survive me then the share which such deceased daughter would have received shall pass to such of her issue, their heirs and assigns, as shall survive me by a period of ninety (90) days, per stirpes, and if there be no such issue the same shall lapse and be added to the shares of my other daughters, their heirs and assigns, per stirpes. 7. I hereby nominate constitute and appoint my said husband RAYMOND C. WICKARD as Executor of this my Last Will and Testament but should he predecease me or fail to qualify or cease serving as such, then ir. such event I nominate constitute and appoint my two daughters KRISTEN WICKARD and KAREN WICKARD as alternate or successor Executrices, and I further direct that none of them shall be required to post any bond to secure the faithful performance of her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. It is unbderstood that my daughters shall serve as Exeutrices without compensation. 8. Should any person less than 21 years of age be entitled to distribution to my estate then in such event I nominate constitute and appoint my Executors and their Successors as Guardians of the Estate of each such Person and authorize them to receive and invest the same and to pay the income arising therefrom at least annually to of for the benefit of such Person, together with so Page 1 ~~~IC ~~;,.~va much of the principal thereof as they may from time to time deem necessary or desirable to be expended for the proper maintenance, support, and education of such Person, to or for the benefit of such Person, and upon such Person attaining 21 years of age to pay to him or her the then remaining principal together with any undistributed income. 9. In addition to the powers conferred by law, my herein beforenamed Executors and Guardians of the Estate of a Person less than 21 years of age, and their successors, are authorized and empowered to: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging, or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds, or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds, and other securities, the powers of an individual owner who is under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase money arising therefrom. e. To keep on hand and uninvested such moneys as may be deemed proper and for such period as may be found expedient. f. To compromise, settle, or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. Authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of my death and in addition to invest any part of the Trust corpus in such mutual fund or Page 2 ~ ~~ ~ ~~ ~~ mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on pages this ~ `r.~ day of ~w~--ll ,, 20101. ~~~~~ l~l ~ (SEAL) Barbara K. Wickard Signed, sealed, published and declared, by Barbara K. Wickard, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~~ ~- ~~ ~Y»~lw A-~zG, Page 3 O~ - ~o~ OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA --------------------------------- Estate of Barbara K. Wickard ,Deceased ) Robert M. Frey and Trisha A. Liess , (each) a subsribing witness to the [ ]Will [ ]Codicil presented herewith, (each) being duly qualified according to law, depose(s) a say(s) that she / he /they was /were present and saw he above Testator/Testatrix sign the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. Robert M. Frey S South Hanover Street Carlisle, PA 17013 Executed in Register's Office Sworn to or affirmed and subscribed befpp~~''e~~~me this ~31 sZ day of l~C~~~.l~-~ , 20~ ' ) ~,~ , put for R~ gister of Wills Trisha A. Liess 5 South Hanover Street Carlisle, PA 17013 Executed out of Register's Office Sworn to or affirmed and subscribed before me this day of , 20 Notary Publtc My Commission Expirees: (Signature and Seal of Notazy or other offical qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To betaken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. {_, c~ ~:~:> o _ ~~ c~ - G- s - -- _~ __ - w _, _,, _. ~~ N ~.n.'' G C~~ -fUS~ :n ~i c~ s -,„r ~~ ~~ Estate of ~~ rr r_ a_ ,~- _. , -. ,JP_ :~~~~~ 1-~ rt. _;- OATH OF SUBSCRIBING WITNESS(ES) RE ISTER OF WILLS COUNTY, PENNSYLVANIA Deceased ~~~~ ~~ °~ tom" S , (each) a subscribing witness to (Print Narne/s) the 'Will ^ Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. -~-~,/~ Lr~" (Signature) (Signature) (Street Address) (Street Address) n ~CUr- r s j~ l~o~ l 7 ©~3 (City, State, Zip) (City, State, Zip) Executed in Register's Office Sworn to or affirmend subscribed before me this ,~_ day Executed oast of Register's Offic Sworn to or affirmed ands scribed before me this ~ / day of Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. Fornt RW-03 rev. 10.13.06