HomeMy WebLinkAbout03-04-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Clifford L. Yinger ~/ ~ ~~ ~/~
File Number
also ]mown as
Deceased Social Security Number 174-OS-1037
Pefitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' or B' BELOW:)
m A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor named N the
last Will of the Decedent dated September 5, 2008 aad codicil(s) dated
(Store relevant circumstances, e.g., renunciation, death of executor, eic.J
Except as follows, Decedent did not many, was not divorced, and did not have a child bem 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
(Ijapplicoble, enter: c.t.o.; d.b.n.c.i.a.; pendente lire; dvrante absenha; dvrante minoritate) N
o_
Pefitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following sp~ any) arr~errs:
Administration, c.t.a. or d.b.n.c.t.a., enter date ojWtll in Section A above and complete list ojheirs.) t~.[~7~pfr y.
~SC'~ ~i ., ".
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(COMPLETE /NALL CASES:) Attach additional sheets ijnecessary. Ct
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
1202 White Birch Laue Cazlisle PA 17013
(List street address, towr/ciry, township, county, state, zip code)
Decedent, then 88 years of age, died on February IQ, 2009 at Chapel Pointe, 770 South Hanover Street,
r,.n~t. ne tam a
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 7 0 0 , 0 0 0 . 0 0
(If no[ domiciled in PA) Personal property in Pemsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate is Pennsylvania $ 0 0 ,
situated as follows: 1202 White Birch Lane, Carlisle, PA 17013
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 [o
the undersigned:
Si azure T d or rioted name and residence
/~,'~, ~ Robert L. Yinger, 65 South Pin Oak Drive, Boiling Springs, PA 17007
Form RW-02 rev. !0.!3.06 P&gC I OI.2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition aze 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.
Swom to or
before me the
and subscribed
day of
Signature of Personal Representatlve
File Number: pG/ ~% - ~l,
Estate of Clifford L. Yinger
Deceased
Social Security Number: 174-OS-1037 ^~
Dale of Death: Febru 10 2009 ~c-a`a,
AND NO W, ~ /~ /' ~ ~~ ~ ~ a r
having been presented before me, IT IS DECREED [hat Letters Testamentaryideration of the foregoing Pet sfacfgy prof~:> '
aze hereby granted to Robert L. Yineer rr 3l ~ Y`~ '-'
~: , ,:
and that [he instrument(s) dated `'~.(~'ix~.[ ~in the7bove e_staf~:,
described in the Petition be admitted to probate and filed of recor the 1 t Will (an Codicil(s)) of edent.
~ ~ `' ~":
FEES
Letters ..... $ ~ Register of i Is ,7 y/~~~
Short Certificate(s) ........ $ ~ ' ~ / !`L'`~"
Attomey Signature:
Renunciation(s) $
t ', .. $ ~5 tb Attorney Name: Taylor P. Andrews, Esquire
~/~ ~v
$--+-~-- Supreme Court LD. No.: 15641
$ SOU
-~_ ... $ Address: 78 West Pomfret Street
~ ... $
$ Carlisle, P_ A_ 1713
--_._ ..
$ Telephone: 717-243-0123
TOTAL .............. $ u _8Btt-
Form RW-01 rev. 10.13.06
Page 2 of 2
Signature of Personal Representative
OCAL REGISTRAR'S CERTIFICATION OF DEATH ~~~°2//
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $(i.oU
1~~5~f~1.3
Certification Numhcr
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'I'bis is D, ceniiv th:u the inliTrmation here ~ivcn is
nlrreclk copied Irtnn nn original Certificate of Death
duly tiled with nlc as Local 12egistrar. The original
cerli ficatc will hr li9rwanled lu the State Vital
F2 ccurds Olliec ibr pcrlnuncnl tiling.
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Lord Registrar Datc Issued
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oYPrYal P.ndl NO. '..(~' r}}e3o~-~
LAST WILL AND TESTAMENT
OF ~ ~ ~~~
CLIFFORD L. YINGER
I, CLIFFORD L. YINGER, of 1202 White Birch Lane, Carlisle, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding, duke, puL~h
w
and declare this to be my Last Will and Testament, hereby revoking and making ~ pre us '~c
_?
n
~v~ .c
Wills and Codicils heretofore made by me. v>`~
r, . 1_3
FIRST ~~ ,t d±:=~~~
N -;p
I order and direct my personal representative hereinafter named to pay all expenses o~my
last illness, just debts, funeral expenses and expenses involved or connected with the administration
of my estate as soon after my death as is reasonably possible. However, my personal representative
need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might
be proper and more advantageous to retain or renew and pay as they become due and payable. I
order and direct my personal representative hereinafter named to have my remains cremated and
then to deposit the ashes on the grounds of the Second Presbyterian Church in Carlisle in the same
manner and at the same location where my wife's cremains were deposited in the earth and not in a
`J container.
SECOND
I give, devise and bequeath my entire estate, together with all insurance proceeds thereon of
whatever nature and wheresoever situated, per stirpes, to those that survive me by sixty (60) days as
follows:
to my son, ROBERT L. YINGER, eighty percent (80%).
2. to my grandson, DAVID L. YINGER, ten (10%).
Page 1 of 8
to my grandson, MICHAEL R. YINGER, ten (10%).
THIRD
I give, devise and bequeath the rest, residue and remainder of my estate, together with all
insurance proceeds thereon of whatever nature and wheresoever situated per stirpes, to those that
survive me by sixty (60) days as follows:
to my son, ROBERT L. YINGER, eighty percent (80%).
to my grandson, DAVID L. YINGER, ten (10%).
3. to my grandson, MICHAEL R YINGER, ten (10%).
FOURTH
Any item that is not distributed pursuant to the previously stated distribution scheme shall
be distributed according to the discretion of my personal representative, after consultation with any
heir or heirs of mine who survive me, and my personal representative shall choose such articles
from my tangible personal property (exclusive of cash, stock certificates, bonds, and all other
tangible evidences of intangible personal property) as he, she or it believes will be useful to such
heir or heirs or desirable for him or her or them to have, either from a sentimental point of view or
otherwise, and to deliver such articles to such heir or heirs or among such heirs in equal or unequal
shares as determined by the further exercise of his, her or its discretion, provided no other heir
objects to the distribution. If the said beneficiaries do not agree to the division of the personal
property provided for hereunder, the decision of my personal representative shall be final and
conclusive on all parties. All tangible personal property not so distributed is to be sold, either
publicly or privately, by my personal representative, adding the proceeds of such sale or sales to my
Page 2 of 8
residuary estate and to be disposed of among my surviving heirs in the proportionate shares
previously stated herein, after payment of my estate debts, taking into account the tangible personal
property otherwise provided to them.
FIFTH
Any devise or distribution under this Last Will and Testament which is payable to any
beneficiary who may be undertwenty-one (21) years of age or, in the judgment of my personal
representative, mentally disabled, shall be held in a separate trust by my grandson, DAVID L.
YINGER, as trustee until such beneficiary(s) reaches twenty-one (21) yeazs of age or during such
period of disability. In the event that my grandson, DAVID L. YINGER, is unwilling or unable to
perform the duties of Trustee, then I appoint my son, ROBERT L. YINGER to perform the
duties of Trustee.
So long as any beneficiary(s) is under the age of twenty-one (21) yeazs of age, or mentally
disabled, the net income of his or her Trust shall be paid to, or applied for the benefit of said
beneficiary(s) at such times and such amounts that the Trustee shall in his or her discretion deem
necessary for the health, education, support, or maintenance of said beneficiary(s). Education shall
be defined broadly to include not only that available in college, but also trade school and other
similar training. In the event that the income shall be insufficient to provide said beneficiary
with adequate health, education, support, or maintenance, the Trustee may invade the principal of
this Trust for this purpose.
SIXTH
I grant my personal representative the following powers in addition to and not in limitation
of such powers as my personal representative shall hold by law:
Page 3 of 8
(a) To retain all property received including the stock of any corporate fiduciary acting
hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger, reorganization or
voting trust plan; to delegate authority with respect thereto; to deposit investments
under agreements and pay assessments; and generally to exercise all rights of
investors, including but not limited to, the voting of shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate
held or owned by my estate.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities or
property, real or personal, without regard to the principle of diversification or any
other statute or general rule of ]aw in his, her or its absolute discretion, it being my
intention to give my personal representative the broadest investment powers
possible, providing such investments do not unnecessarily prevent the prompt
settlement of my estate.
(f) To sell or otherwise dispose of any property, real or personal, tangible or intangible,
at any time forming a part of my estate in any manner and on such terms and
C~ conditions as my personal representative shall see fit in his, her or its absolute
discretion.
(g) To borrow money for the payment of taxes or for any other proper purposes in the
administration of my estate, and to mortgage or pledge estate assets as security.
(h) To compromise claims without o urt approval including, but not limit d to, any
controversies with the United States of America or the Commonwealth of
Page 4 of 8
Pennsylvania concerning estate and inheritance taxes on any interests that may pass
under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
(j) To undertake any and all acts deemed necessary and proper by my personal
representative for the proper, advantageous and prompt management of the
settlement of my estate.
(k) In general, to exercise all powers in the management of my estate which any
individual could exercise in the management of similar property owned in his own
right, upon such terms and conditions as to him, her or it may seem best and to
execute and deliver all instruments and to do all acts which he, she or it deems
necessary or proper to carry out the purposes of this, my Last Will and Testament.
SEVENTH
~' No interest of any beneficiary of my estate, either in income or in principal, shall be subject
to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have
the power in any manner to charge or encumber his interest either in income or principal, nor shall
the interest of any beneficiary, while in the possession of my personal representative, be subject to
liability for such beneficiary.
EIGHTH
I nominate, constitute and appoint my son, ROBERT L. YINGER as Personal
Representative of this my Last Will and Testament. In the event my son is deceased, unable or
unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and
appoint my grandson, DAVID L. YINGER, as Personal Representative of this my Last Will and
Page 5 of 8
Testament. In the event that my grandson is deceased, unable or unwilling to serve or shall cease to
serve for any reason whatsoever, then I nominate, constitute and appoint my daughter-in-law,
LOIS YINGER, as Personal Representative of this my Last Will and Testament. I direct that my
Personal Representative shall not be required to give or post bond for the faithful performance of
his, her or its duties in this or any other jurisdiction.
NINTH
I hereby declare it to be my expressed desire that my personal representative employ the
law firm of Stephanie E. Chertok, Esquire, of Cumberland County, Pennsylvania, for legal advice
and assistance regarding this my Last Will and Testament, they having considerable knowledge
of my affairs, views and wishes respecting any matters that may arise at the probate of this
instrument, the administration of my estate, and the execution of the powers herein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament
this ~~
WITNESS:
day of~x{mt+.~t-/ , 2008.
C
~ ~i+~~ pia-te~~ ~'Y/~c~i
CLIFFORD L. YINGER
Page 6 of 8
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
I, CLIFFORD L. YINGER, the testator whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as my Last Will and Testament; that I signed it willingly, and that I signed
it as my free and voluntary act for the purposes therein expressed.
CLIFFORD L. YINGER
Sworn or affirmed and acknowledged before me by CLIFFORD L. YINGER, the testator,
T~
this S day of , 2008.
NOTARIAL SEAS
S7EPMANtE E CtiER7C)h. ,y 7tan,~ F'uul!c
CarN~±e f3Qr0, Gnn!)^rtanu r
hiy Communion Fx ire, ' ~ e~'r'~.V
P Math 24 2011
Page 7 of 8
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
We, ~ ~ • J4v1 Y~(. and~Y1 ~4Yl~~e~a- ,the witnesses whose names are attached
to the foregoing document, being duly qualified according to law, do depose and say that we were
present and saw testator sign and execute the instrument as his Last Will and Testament; that he
signed willingly and that he executed it as his &ee and voluntary act for the purposes therein
expressed; that each subscribing witness in the hearing and sight of the testator signed the Last Will
and Testament as witnesses and that to the best of our lrnowledge, the testator was at the time 18 or
more years of age, of sound mind and under no constraint or undue influence.
~M'w ~ «-,f,3-~h
-~«~ '('
/~ Sworn or affirmed and subscribed before me by J0.U~Shel ~1'. and
flyh~aY~e,~s~o- this ~ dayof tr.~/ ,2008.
NOTARIAL SEAL ~~ '
STEPHANIE E CHERTOk. Nciar~r PuDlit
Carlisle Boro_ Curnber?anU c_ aartty~
M1~y ~OmnIBSE017 Expires Pdarch 29 70( i
Page 8 of 8