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HomeMy WebLinkAbout01-20-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Edward Nelson Naylor File Number 21 - 09 ~~ j(~ also known as Deceased Social Security Number 177-16-1908 Steven C. Daly Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE `A' or `8' BELOW) ^X A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the EXeCUtor named in the last Will of the Decedent dated 08/03/2006 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 app ica e, en er. c..a.; .n.c..a.; pe en e ~ e; uran e a sen ia; uran a moron a e 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(/f Administration, c. t. a. or d. b. n. c. t. a., enter date of lMll in Section A above and complete list of heirs.) Name ~ Relationship ~ Residence ra r= ~ .a - ~-.? ~ _..r--, i , ;.. _ O - _.. `J T_' ~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ` " ~ OD Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residertxe at N Messiah Village, Mechanicburg, PA 17055 (List street address, town/city, township, county, state, zip code) Decedent, then $7 years of age, died on 12/30/2008 at Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: 980,000.00 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 undersigned: Signature Typed or printed name and residence Steven C. Daly 622 Elliott Drive ^ Lewisberry,PA 17339 Form K2V 70-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. 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 law. Sworn to or affirmed and subscribed before rr;e this ~l~ _ day of ~ ~~ Representative Steven C. Daly ru _ ~1 ~( i L G Z~ Signature of Personal Representative ~ ~~ r ~S7 ~ 51 ~-' ~ ' ~~ ~~ ~ Signature of Personal Representative or the Register ', :~F~~ ~; - - ~~ ~ - > ~._. _. ~ r ~ ~ , --+ ~ - File Number: 21 - 09 ~~~ G!i Estate of Edward Nelson Naylor ,Deceased Social Security Number:/~ 177-16-1908 Date of Death: 12/30/2008 AND NOW, ~~ % ` t Cwt ~ I ~` ' ; ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED th Letters Testamentary are hereby granted to Steven C. Da and that the instrument(s) dated 08/03/2006 in the above estate described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. ~E~EUS~ // / Letters............. .t~,4~0......... $ (1~(S~0 Short Certificate(s).........l.U......... $ ~C Renunciation(s) ............................. $ (,Jll~ $ iS JC ~ $ lC ~~ ~% $ S $ $ $ $ $ $ TOTAL .................................. $ ~3D°`' Attorney Name: Chrystal L. Prosser, Esq. Supreme Court I.D. No.: 77396 Law Office of William R. Bunt Address: 109 S. Carlisle Street, P.O. Box 336 New Bloomfield, PA 17068 Telephone: 717/582-8195 Form RW--I)2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Attorney Signature: ~/~,~~'.~K-~,C~-~, ;~ „ ~~.~. , ;:, WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR SFr ~,A T~is TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. ~ t LCD 1~L5`.~ c~R,,r.~ArE 5~vi~~, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF HEALTH VITAL RECORDS LOCAL REGISTRAR'S CERTIFICATION OF DEATH ~~P~,TH OF p~~ti{t t oA,= q~, s~ti~ ~~ ,r~.,i ~,, Z j ,, ~io,~; ~.~~, s- '~~ Januar 4, 2009 CERT. NO. T ~~~~~~. ~i~F~ ,~s~ y - --- _ __ . ~~t ~ '~~~ Cate ~f issue of TnlS CertificaCCn le 9T.- uti_ Name of Decedent _ Edward Sex Male Social Security No. Date of Birth Sept. 13, 1921 Birthpl Place of Death White Race __--___ N. Mi.ICIe 177 - 16 - 1908 Millerstown, PA Naylor Date of Death Dec. 30, 2008 Messiah Village Cumberland Upper Allen Twp. Pennsyi~ania - -- 3. a~,~~t~ ti~~"F ~ ~ ~~ F . - -- -- - - Management Yes Occupation Armed Forces%' (~'es or No} _______._. Decedent's Widowed Messiah Village Mechanicsburg Marital Status _________ _ Mailing Address _____ _______ M..~inher S.'e=t . •.. Stevan C. Daly ._ Sally A. Myers informant _ __ __ _ _ _ Funeral Director _ Name and Address of Funeral Estak:lishment David Myers Funeral Home, Newport, PA 17074 Part I: lrnrrediate Cause i ~? - (:~i { ~j i ~ ~ -- - -- - --_ Part II: Other Significant Condition~arkinson's Disease, COPD, Pagets dim --- --__- ---- - CHF - ~ Manner of Death Describe how injury occurred Natural X~ Homicide ~ _ _ _______ _ Accident Pending Investigation ~_. Suicide Could not be Determined PA 17055 Interval Betweer7 O nset ana Death ~ ~ ~ ~--- , ~ -- _, ..~ 1 ~_ _. _._. zn c~~' ,~ - ., =n, © , , ,_ _~ Q aD N cJi Name and Tine of Certifier_-_.- Jennifer Weber D.O. (M.D., D.O , Coroner M E. 100 Mt. Allen Dr., Mechanicsburg, PA 17055 Address --------- --- - - ---__ __ _ ----- - - --. This is tc~ certify that the information here given is correctly copied from an ,original certi{irate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~,p ~~ J 50-455 i ". Rey s sot Vaal R ..-ras r January 4, 2009 101 Barnett St. New Bloomfield, PA 17068 Pneumonia ri-.3 LAST WILL AND TESTAMENT ~~ ~~~ ---, ~- ,::. __ ~- r, EDWARD N. NAYLOR c ;~. , -, _, I, EDWARD N. NAYLOR, of Upper Allen Township, Cumberland C~gra-ihty, Pe~r~~isylvania; ~a being of sound mind, memory and understanding, do hereby declare this to be my Last Will and Testament, revoking all former wills or writings in the nature thereof and any codicils thereto made. FIRST: I direct my hereinafter named Executor or alternate Executor, as the case may be, to pay all of my just debts, funeral expenses, costs of administration and inheritance taxes out of the corpus of my estate as soon after my decease as is practicable to do so. SECOND: I give, bequeath and devise all of my estate, real, personal and mixed and wheresoever situate, unto my wife, Barbara S. Naylor. THIRD: In the event that my wife, Barbara S. Naylor, predeceases my decease, then and in that event, I give and bequeath the following: A. I give and bequeath my wife's mahogany canopy bed set (including the canopy bed, two night tables, a chest of drawers and a dresser with a mirror) unto my niece, Diane Gutshall. In the event that my niece, Diane Gutshall, predecease my decease, then and i.. that evert, I direct that Said be ;nest shall lapse anct becu~,~~e par i of my residuary estate. B. I give and bequeath my wife's milk glass collection to my great niece, Patricia Kissinger. In the event that my great niece, Patricia Kissinger, predeceases my WILLIAM R, BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carl!sle Street New Bloomfield, Pa. 17068 Tel, (717) 582-8195 FAX (717) 582-7521 decease, then and in that event, I give and bequeath said milk glass collection unto my friend, Martha Robinson. C. I give and bequeath my grandfather clock unto my nephew, Steven C. Daly. Page 1 of 11 Pages In the event that my nephew, Steven C. Daly, predeceases my decease, then and in that event, I give and bequeath said grandfather clock unto my nephew's wife, Delores A. Daly . FOURTH: In the event that my wife, Barbara S. Naylor, predeceases my decease, then and in that event, I give, bequeath and devise all of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate, as follows: A. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto the Salvation Army, a religious and charitable organization with offices at 701 North Broad Street, Philadelphia, Pennsylvania 19123 to be used within the Commonwealth of Pennsylvania forthe purpose of feeding the hungry. I specifically direct that said five (5%) percent of my residuary shall be calculated from the net value of my estate after the payment all of my just debts, funeral expenses, costs of administration and inheritance and estate taxes. B. I give, bequeath and devise ten percent (10%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my nephew, Steven C. Daly. In the event that my nephew, Steven C. Daly, predeceases my decease, then and in that event, I give, bequeath and devise one-half of said share of my estate unto my nephew's wife, Delores A. Daly, and one-half of said share of my estate unto my nephew, James Barrick. C. I give, bequeath and devise five percent (5%) of the rest, residue and ~ WILLIAM R. BUNT OF CHRYSTAL L. PROSSER ~ ATTORNEYS AT LAW 1 109 S. Carlisle Street I` New Bloomfield, Pa 17068 Tel, (717) 582-8195 f FAX (717) 582-7521 remainder of my estate, real, personal and mixed and wheresoever situate unto my nephew's wife, Delores A. Daly. In the event that my nephew's wife, Delores A. Daly, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto my nephew, Steven C. Daly. Page 2 of 11 Pages in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my sister, Marguerite Henderson. In the event that my sister, Marguerite Henderson, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. J. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my brother, Raymond Naylor. In the event that my brother, Raymond Naylor, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. K, I give, bequeath and devise seven percent (7%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my niece, Dorothy Holley. In the event that my niece, Dorothy Holley, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto Ruth Ann Wright, Barbara Jean 1=ry and Patricia Kissi~~ger, of the survi~JOrs thereof, in equal shares, snare and share alike. L. {give, bequeath and devise five percent (5%) of the rest, residue and WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 Tel. (717) 582-8145 FAX (717) 582-7521 remainder of my estate, real, personal and mixed and wheresoever situate unto my niece, Ruth Ann Wright. In the event that my niece, Ruth Ann Wright, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto Dorothy Holley, Barbara Jean Fry and Patricia Kissinger, or the survivors thereof, in equal shares, share and Page 4 of 11 Pages share alike. M. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto niece, Barbara Jean Fry. In the event that my niece, Barbara Jean Fry, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto Dorothy Holley, Ruth Ann Wright and Patricia Kissinger, or the survivors thereof, in equal shares, share and share alike. N. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my great niece, Patricia Kissinger. In the event that my great niece, Patricia Kissinger, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto her husband, Gregory Kissinger. O. I give, bequeath and devise five percent (5°l0) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my niece, Dixie Steigleman. In the event that my niece, Dixie Steigleman, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. P. I give, bequeath and devise three percent (3%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my niece, Diane Gutshall. In the event that my niece, Diane Gutshall, predeceases my decease, then WILLfAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 Tel. (717) 582-8195 FAX (717) 582-7521 and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. Q. 1 give, bequeath and devise five percent (5%) of the rest, residue and Page 5 of 11 Pages S. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto Steven C. Daly, in trust, however, to act as trustee upon the following terms and conditions: 1. To create the Joshua Criswell Trust. 2. To administer said trust in accordance with terms and conditions of trust enumerated below. 3. To pay the accumulated income and principal to the said Joshua Criswell from said trust, on the twenty first (21St) birthday of said child. 4. In the event that the said Joshua Criswell predeceases my decease or becomes deceased prior to the final distribution of said child's trust share, then and in that event, my said trustee shall transfer the balance remaining in said trust unto the Zachary Criswell Trust to be administered in accordance with this My Last Will and Testament. 5. I name, constitute and appoint Matthew Daly, as the alternate trustee of the Joshua Criswell Trust. FIFTH: I direct that any trust created pursuant to this My Last Will and Testament be administered upon the following terms and conditions: A. To pay said beneficiary out of each beneficiary's respective trust, the income and so much of the principal, as may, in the sole discretion of my trustee, be necessary for the maintenance, support, medical expenses, and college education of said beneficiary. B. The payments authorized in subparagraph A of this Paragraph FIFTH, WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 Tel. (71 7) 582-8195 FAX (717) 582-7521 shall be made without regard to the equality of distribution between said beneficiaries. The amount to be paid for the benefit of said beneficiary shall be determined from time to time by the need of said beneficiary, and the amounts and times of said payments shall be determined by such need. The said payments may be made by my said trustee directly to said beneficiary as maybe, in the sole opinion of my trustee, of such age, and ability to handle properly the funds so paid to such beneficiary, or may be made by my said trustee directly to the person having the custody and care of the said beneficiary, or may be made by my said trustee directly to any Page 7 of 11 Pages institution entitled to such payment by reason of services rendered or to be rendered to the said beneficiary. In making the aforesaid payments, my said trustee shall give primary consideration to the individual needs of said beneficiary and to other sources of income available to said beneficiary, and the individual needs of said beneficiary shall override any consideration as to any equality of distribution for the purposes mentioned in this subparagraph. SIXTH: I direct that no trustee, executor, guardian, or other fiduciary named, nominated, or appointed in this, my Last Will and Testament, shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of court of the Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstanding. SEVENTH: My personal representative and trustee shall have the following powers in addition to those vested in them by law and by other provisions of this Will, applicable to all property, real, personal and mixed and wheresoever situate, including property held for minors, whether principal or income, exercisable without court approval, and effective, with respect to each item of said property, until actual distribution thereof. A. To retain, as investments of my estate or trust, any or all assets of my estate, real, personal, or mixed, without regard to any principal of diversification, and to purchase and acquire real or personal property, and to hold any or all such real and personal property retained or acquired without making the same productive of income. B. To permit a beneficiary, or any of them, to occupy any real estate retained or acquired upon such terms and conditions as my trustee shall deem rreper. C. To pay all taxes, charges, and expenses of maintenance, upkeep, WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 Tel. (717) 582-8195 FAX (717) 582-7521 improvement, development, protection, preservation and investment of any retained or acquired real or personal property, such payments to be made from either principal or income as my said trustee shall determine. D. To retain or invest any and all funds, whether principal or income, in any real or personal property without restriction to legal investments; to purchase investments at premiums; to exercise all rights of a security holder or shareholder in any corporation; and to Page 8 of 11 Pages lease, mortgage, pledge, give options upon or sell at public or private sale and without approval of any court and without any responsibility to the buyer or buyers to see to the application of the purchase price, any real or personal property, or portion or portions thereof, irrespective of the manner or the means by which the same was acquired by my said trustee. E. To make any payment or distribution herein provided for in cash, kind, or partly in cash and partly in kind, at valuations fixed by my trustees at the time of distribution. EIGHTH: Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to the said beneficiary, or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation, assignment, pledge, or obligations of any beneficiary, and shall not be subject to any execution or attachment. NINTH: In the event that my wife, Barbara S. Naylor, predeceases my decease, then and in that event, I direct that all of her fine jewelry be sold and the proceeds therefrom become part of my residuary estate to be distributed in accordance with this My Last Will and Testament. TENTH: Any person who shall have died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. ELEVENTH: I name, constitute and appoint my nephew, Steven C. Daly, as Executor of this my Last Will and Testament. In the event of the renunciation, death, resignation or inability of my nephew, WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 5. Carl!sle Street New Bloomfield, Pa. 17068 Tel. (7 U) 582-8195 FAX (717) 582-7521 Steven C. Daly, to act for any reason whatsoever, as the Executor of my estate, then and in that event, I name, constitute and appoint my brother, Raymond Naylor, as the alternate Executor of this my Last Will and Testament. Page 9 of 11 Pages My Executor or alternate Executor, as the case maybe, are hereby excused from the posting of any bond or security notwithstanding any provisions of the law to the contrary. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament this 3~d day of August, 2006. ~,~,_ ~-~ Signed, sealed, published and declared by the above named Testator, as and for his WILLIAM R. BUNT CHRYSTAL L. PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 77068 TeL(717)582-8195 FAX (717) 582-7521 Last Will and Testament, in our presence, who, in his presence, at his request and in the presence of each other, have hereunto set our names as attesting witnesses. ._,. _- ~.: ~ Page 10 of 11 Pages ACKNOWLEDGMENT AND AFFIDAVIT Commonwealth of Pennsylvania County of Perry SS We, Edward N. Naylor, the Testator in, Virginia C. Dick, and ~-i nda ...'~.'? ~ ~'~e `' .................... the witnesses to the Last Will and Testament of ........... ............ Edward N. Naylor the attached or foregoing instrument, who have signed the instrument, having been duly qualified according to law do depose and say: (a) that I, Edward N. Naylor, the Testator do hereby acknowledge that I signed ~. Edward N. Naylor, Testator ~.~ , c~ ~ ~' Virginia C. Dick, Witness WILLIAM R. BUNT CHRYSTAL L PROSSER ATTORNEYS AT LAW 109 S. Carlisle Street New Bloomfield, Pa. 17068 and executed the instrument as my Last Will and Testament, and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. ................... (b) that we, Virginia C. Dick and .~--~.~d0~ ~`~~e-~' ............. the witnesses, were present and saw the Testator sign and execute the instrument as his Last Will and Testament; that the Testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the will as a witness; and that to the best of our knowledge the Testator was at that time ~ 18 or more years of age, of sound mind and under no constraint or undue influence. ... .......................... '...................., Witness Sworn to or affirmed and acknowledged before me this 3~d day of August, 2006. ~,TMOi<~+a~mwu+a~ NOTARIAL. SEAL CFI!!CYS'fAl 1. PROSSER, NOTAd~'/ PIfBIIC NEW BLOOMF1EL01i0R0., PERRYCOL'NTY MY COhiP,~iSSION EXPIRES tdAY 15, 2E08 Tel. (717) 582-8195 II rc,x (~v> 5s2-7521 Page 11 of 11 Pages