HomeMy WebLinkAbout06-26-02PETITION FOR PROBATE and GRANT OF LETTERS
E~tate of Herbmrt L_ Hal I No 21-02-515
also known as To:
Soctal Securtty No
Register of Wills for the
Deceased. County of (~umh~rl and In the
't q q - c/1 - ~ -~ ~ ~ Commonwealth of Pennsylvania
The penuon of the undersigned respectfully represents that.
Your petmoner(s), who ls/ar;~=l 8 years of age or older an the t~L~.arugonal repre sent atmMM~t
In the last wtll of the above decedent, dated p, ngu ~- ~l 7. 9on 1 , 19__
and codtctl(s) dated
(state relevant clrcumstanccz, e g renuncIation, death of executor, etc )
Decendent was domtctled at death in Cumber1 and County, Pennsylvama, vath
hlS last famdyorprlncipalrestdenceat 2R~O Fairvi~w Road
Camp Iqn 1 1 Rc~-c~ngh
(hst street, number ~nd munclpa]lty)
Decendent, then 82 years of age, died October 29, 2001 ,, 19
Be_ .... , _ ~
Except as follows, decedent did not marry, was not divorced and did not have a child born or adopte~
after execution of the will offered for probate; was not the vtcum of a killing and was never adjudicated
incompetent:
Decendent at death owned property with esttmated values as follows
(If dorracded m Pa ) _ All personal property $ 57 5.0 0 0.
(If not dormcfled in Pi.) Personal property m Pennsylvama $
(If not domtcfled in Pa.) Personal property tn County $
Value of real estate in Pennsylvama $ 1 , 4 0 0 ~ 0 0 ~/.
muated as follows. Adams Countyt Cumberland County~
Dauphin County and Lycomlnq County
WHEREFORE, petmoner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters testamentary
(te~tamemary, admmlstrauon c t a, adrmrastrauon d b n c t a )
theron
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA -~ ~
COUNTY OF CLrI~3E~LA~D
The peuuoner(s) above-named swear(s) or affirm(s) that the statements ~n the foregmng pettuon are
true and correct'to the best of the knowledge and belief ot~etmoner(s) and that as personal represen-
tauve(s) of the above decedent petitioner(s) will well andflr, fly admtmster t~at9 accor~mg to law
Sworn to or affirmed and subscribed ,~ k'-'.~.,
before me this 26th -"day of
~ JUNE , :t~ 2002 J '
NO. 21-02-515
Estate of HERBERT L HULL , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW JUNE 28 ~;~2002, ~n conmderauon of the petition on
the reverse rode hereof, sattsfactory proof having been presented before me,
IT IS DECP. EED that the ~nstrument(s) dated AUGUST 17, 2001
dcscnbed thereto be admitted to probate and fried of record as the last yah of
HERBERT L HULL .;
and Letters TESTAMENTARY
are hereby granted to LAWRENCE C HULL
FEES
Probate, Letters, Etc. $ 865.00
Short Ceruficate~( ) $. 30.00
27.00
l~'~t~l~a~o n $.
JCP $ 5.00
TOTAL $. 927.00
Fded JUNE 28, 2002
/~C~ t t M. .
~ A'rTORNEy (Sup Ct I D No )
3117 Chestnut Street
Camp HilI~DU~S] 7011
(717) 761-5800
PHONE
....... ~"~'~ ~ *-':"~"='~* =' " ; '"21-02-515 ~
VALID ONLY I H~REBY CERTIFY THAT THE A'ITACH~D IS A TRUE COPY OF A
WITH RECORD ON FILE IN 11H[ DIVISION OF VITAL RECORDS
IMPRESSED
SEAL
DATE ISSUED:
Please Type or Print in Black Indelible Ink. Ensure All Copies Are Legible.
State of Maryland / Dep~rtment of Health and Mental Hygiene
Cdrflficate of Death .,g .o
Name (If not tnst,tuoon g~ve street and number)
2820 FAIRVIEW ROAD
4 YEARS
CAMP HILL
ELLA SCHROEDER
LAWRENCE HULL
LARRY HULL
' 4 ['~ Oonatto/ 5[:]OIher(Spec~[y)
5235 MEADOWBROOK DR. MECHANICSBURG, PA 17055
ROLLING GREEN MEM. PM- 11/3/01 CAMP HILL, PA
22 Namean. Addre$$c4Facfl,w Tm JOHNSON FUNERAL HOME, P.A.
8521 LOCH RAVEN BLVD. TOWSON~ MD 21286
21-02-515
LAST WILL AND TESTAMENT
OF
HERBERT L. HULL
I, HERBERT L. HULL, now of 2820 Fairview Road, Camp Hill,
Pennsylvania, being of sound and disposing mind, memory and
understanding, ,~o hereby make, publish and declare this to be my
Last Will and Testament, hereby revoking all other Wills and
Codicils previously made by me.
ITEM I: I direct that payment of all my just debts,
expenses of my last illness, funeral expenses, and the costs of
administering my
conveniently mag
ITEM II:
estate from my estate as soon after my death as
be done.
I give and bequeath the sum of $10,000.00 to
each of the following persons then living, namely, Marcia Blowney,
now of 383 Front Street, Owego, NY; Ruth Landrum, now of 13410
Hedgley Place, Houston, Texas; Betty Klitzman, now of 131 North
Creek Drive, Norman, Oklahoma and Mavis Kirch, now of 114 South
Madison Street, Waunakee, Wisconsin.
ITEM III: I give, devise and bequeath to Margaret R.
DeStefano, now of 304 April Drive, Camp Hill, Pennsylvania, a life
estate during ~e term of her natural life in my house and lot at
304 April Drive, Camp Hill, Pennsylvania so long as she occupies it
as her principal residence. In the event 304 April Drive, Camp
Hill, Pennsylvania is not occupied by Margaret R. DeStefano as her
principal residence then her life estate in said house and lot
terminates and becomes null and void.
ITEM IV: I give, devise and bequeath in trust to
Lawrence C. Hull, Tracy A. Hull and Marcia M. Hull, my three
children, as Trustees, the sum of $175,000.00 for the following
purposes, with the said Trustees to have the right to hire the
services of an attorney for legal advice:
A. $25,000.00 to be set aside and placed in a certificate of
deposit or savings account with any lending institution chosen
by my Trustees to be paid to NAOMI STAHLNECKER, now of Room
307, Roseview Home, 1251 Rural Avenue, willlamsport,
Pennsylvania, in monthly payments of $1000.00 each for as long
as she lives or until the funds including income are
exhausted, provided nevertheless if she is not then living or
dies before the funds are distributed then all or the residue
if any of these moneys to go equally to my above named three
children.
B. $50,000.00 to be placed in a
savings account with any lending
certificate of deposit or
institution chosen by my
Trustees to be used for the general repairs and maintenance,
taxes, insurance and replacement of appliances for 304 April
Drive, Camp Hill, Pennsylvania, so long as it is occupied as
the principal residence of Margaret R. DeStefano, and to pay
for maintenance and repair to one car owned by Margaret R.
DeStefano, provided nevertheless if Margaret R. DeStefano is
not then living or thereafter dies then all or residue if any
of these moneys shall go to my above three named children.
C. $100,000.00 shall be placed in a certificate of deposit or
savings account with any lending institution chosen by my said
Trustees with $20,000.00 to be paid to Margaret R. DeStefano
within nine (9) months from the date of my death and
$20,000.00 annually thereafter on same date each year as date
of first payment until the moneys and income are consumed
provided nevertheless that in the event Margaret R. DeStefano
is not then living or dies before all the funds are
distributed all or the remaining moneys if any shall be paid
equally to my above three named children.
ITEM V: I give, devise and bequeath all of the rest,
residue and remainder of my estate, of every nature and wherever
situate, together with all insurance policies thereon, into three
equal shares with one share to go to Lawrence C. Hull, my son, with
one share to go to Marcia M. Hull, my daughter with the remaining
one share to go to Lawrence C. Hull and Marcia M. Hull, my
children, in trust for Tracy A. Hall, my son, which share shall
include my house and lot on which it is erected and an adjoining
lot situate and known as 3095 Sandalwood Lane, Tltusville, Florida
w!th value thereof to be charged to this share at value fixed by an
MIA appraisal for purposes and as hereinafter set forth, with said
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Lawrence C. Hull and Marcia M. Hull having the right to elect in
writing within 90 days of the date of my death to take in kind the
following listed real estate and have deducted from his or her
respective share the value of each as appraised value thereof as
determined and fixed by an MIA appraiser and personal property as
appraised by an auctioneer, to wit:
A. Lawrence C. Hull, my property on Highway 284, Jackson
Township, Lycoming County, Pennsylvania, near Buttonwood,
Pennsylvania, and all household furnishings, appliances, equipment
and tools as appraised by a local licensed auctioneer;
B. Marcia M. Hull,
2820 Fairview Road, Camp
and/or my house and lot at
my house and lot situate and known as
Hill, Cumberland County, Pennsylvania
186 Lake Meade Drive, Lake Meade, East
Berlin, Adams County, Pennsylvania.
C. The one share going to Lawrence C. Hull and Marcia M. Hull
as Trustees in trust for Tracy A. Hull shall be for a period of
four years from the date of my death with right in Tracy A. Hull to
live in house and occupy adjoining lot known as 3095 Sandalwood
Lane, Titusville, Florida and with Trustees to pay $3000.00 a month
to Tracy A. Hull and at the end of four years to convey and
transfer the corpus and accrued income to Tracy A. Hull. In the
event Tracy A. Hull is not then living or dies during said four
years then this share to go to said Lawrence C. Hull and Marcia M.
Hull in trust or remain in trust with said Lawrence C. Hull and
Marcia M. Hull in trust equally for Garrett Herbert Hull, born
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October 7, 1992, and Morgan Elizabeth Hull, born September 5, 1995,
being children of said Tracy A. Hull, until each respectively
attains twenty-five years of age at which time one-half share of
corpus and accrued income of trust to go to him or her. In the
event either of them would die then his or her share to go to the
survivor of them.
The income and the corpus of the Trust for Garrett Herbert
Hull and Morgan Elizabeth Hull to go for their care, maintenance,
education, occupational training and to enhance any personal skills
or interest in the musical field or any other field and their
welfare to the extent other income is insufficient. My said
Trustees shall give the highest regard and credibility to the adult
person with wh¢.n, said persons reside and upon request or demand of
such adult person for payment or reimbursement for present or
future expenses that involve the said items for the good and
welfare of my beneficiaries, said Trustees are authorized to pay
such requests or demands for present and future expenses without
any further investigation or order of court and without any further
liability or responsibility for the application of such monies
paid.
Whenever edch beneficiary attains the age of twenty-five (25)
years, then his or her share of Trust shall pay over to him or her.
If either beneficiary dies before attaining age twenty-five (25),
his or her share shall go to survivor.
ITEM VI: In the event any of my children predeceases me
or dies within ninety (90) days of my death, then his or her share
to go equally to his or her children then living, per stirpes and
not per capita, otherwise to my surviving children.
ITEM VII: I direct that any and all taxes that may be
assessed in consequence of my death, including all inheritance,
estate and transfer taxes imposed upon my estate passing under my
will or otherwise, shall be paid out of the principal of my
residuary estate as a part of the expense of the administration of
my estate.
ITEM VIII: I authorize and empower my personal
representative and Trustees to compromise, adjust, release and
discharge in such manner as my personal representative may deem
proper, all de~.ts and claims owed by or to me or my Estate; to
sell, lease or exchange at public or private sale or in such
manner, at such prices, and upon such terms of credit or otherwise,
as my personal representative may deem proper, all or any part of
my property, real or personal; to execute, acknowledge and deliver
instruments of conveyance, including deeds in fee simple; to borrow
money for the purpose of paying estate, inheritance or other taxes
which are requ3red to be paid and to secure any such loans by
pledge or mortgage of all or any part of my property and to execute
the necessary instruments to carry out such powers; to distribute
my estate in kind or partly in money or partly in kind, and to
determine the fair value at which any property so distributed in
kind shall be received by the distributees; to conduct any business
in which I have an interest at the time of my death, for such
period as my personal representative may deem proper, power to
borrow money and pledge assets of the business and the power to do
all other acts that I, in my lifetime, could have done, to delegate
such power to any partner, manager or employee without liability
for any loss occurring therein and to organize a corporation to
carry on said business as capital to such corporation and accept
stock in the corporation in lieu thereof and hold such stock for
the uses of this my Will, and to vote said stock or sell the same
as to my personal representative may seem best; to retain all
stocks, assets, bonds and investments owned by me without being
confined to what is known as legal investments; to execute any
options to purchase, to apply for stocks, bonds or other
~nvestments, to purchase or otherwise acquire real estate and to
execute the seae powers thereover as hereinbefore provided, to
retain indefinitely any part of my assets, real or personal, which
is or may become unproductive or to make sale thereof; to pay
carrying charges and expenses of the property out of other
principal or iDcome of my estate; to invest and reinvest in all
forms of property wlthout restriction to investments authorized for
Pennsylvania fiduciaries, as my personal representative and/or
Trustees deem proper,
diversification or risk;
administrative expenses
without regard to the principle of
to exercise any law-given option to treat
either as income tax or as estate
deductions, without regard to whether the expenses were paid from
7
principal or income. The powers herein conferred shall be to my
named personal representative and Trustees and all successors
thereto and shall be in addition and not in limitation of other
powers conferred on said fiduciary.
Any and al~ payment or payments of any sum or sums, whether in
cash or in kind and whether for principal or income payable to any
beneficiary from Estate or either Trust shall be made upon the sole
receipt of the respective beneficiary to whom the payment is made
and free from anticipation, alienation, assignment, attachment, and
from control by the creditors of any such
pledge and free
beneficiary.
ITEM IX:
by Estate or
Ail shares of prlncipa! and income hereby given
shall be free from anticipation, assignment,
pledge or obligation of the beneficiaries and any of them and shall
not be subject to any execution or attachment, levy or
sequestration or other claims of the creditors of said
beneficiaries or any of them.
ITEM X: I nominate, constitute and appoint Lawrence C.
Hull, my son, as the sole Executor of this my Last Will and
Testament, to serve without bond. In the event of the
renunciation, death, resignation, refusal or inability to act for
any reason whatsoever of the said Lawrence C. Hull, I nominate,
8
constitute and appoint Marcia M. Hull as the Executrix of this my
Last will and Testament, to serve without bond.
will and
IN WITNESS WHEREOF, I, HERBERT L. HULL, have,
Testament, set my hand this t7 r/~ day
to this my Last
of
Signed, sealed, published and declared by HERBERT L. HULL, the
above named Testator on the / 7I~ day of
~ , 200 ~ , as for his Last Will and Testament,
in ~he presence of us, who, in his presence, and in the presence
of each other, have, at his
witnesses hereto.
N ame~~~
Name
request, subscribed our names as
residing at
residing at
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF ~ : SS
WE, the undersigned, the Testator and the witnesses,
respectively, whose names are signed to the foregoing instrument,
being first duly sworn and qualified according to law, do hereby
declare to the undersigned authority that we were present and saw
the Testator sign and execute the instrument as his Will, and that
he had signed willingly and that he executed it as his free and
voluntary act for the purposes therein expressed, and that each of
the witnesses, ±n the presence and hearing of the Testator, signed
the Will as witnesses and that to the best of their knowledge, the
Testator was at that time eighteen years of age or older, of sound
mind and under no constraint or undue influence, and I, the said
9
Testator, do hereby acknowledge that
instrument as my Last Will and
willingly, and that I signed it
the purposes therein expressed.
I signed and executed the
Testament, that I signed it
as my fre9 and voluntary act for
~'l~ess ' O. ~
Sworn to and subscribed b~re , .
me this /~0 day
2o of
Notary Public
My Commission E~pires:
$333.00
NOTARIAL SEAL I
MARY D VER HAGE, Notmy Publl~
Falrv~ew Twp, YoH( C~Jnty
My Comm~ss,oP, Exp,ms May 7, 20~2
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