HomeMy WebLinkAbout04-06-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of ANNA R. HESS File Number ~' - U~ ~ ~ ~~~
also known as
Deceased Social Security Number 205-09-9945
Petitioner(s), who is/aze 18 yeazs of age or older, apply(ies) for:
(COMPLETE A' OR 'B' BELOW.)
0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / aze the EXECUTOR named in the
last Will of the Decedent dated 8/8/1994 and codicil(s) dated
ROBERT L. HESS DIED JANUARY 14, 1995
(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 liter durante absentia; durante minorttate)
Petitioner(s) after a proper seazch has /have ascertained that Decedent left no 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.) r+a
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal residence at
100 MT. ALLEN DRIVE MECHANICSBURG PA 17055 UPPER ALLEN TWP
(List street address, town/city, township, county, stale, zip code)
Decedent, then 88 years of age, died on 3/2/2009 at HOLY SPIRIT HOSPITAL
EAST PENNSBORO TWP PA 17025
Decedent at death owned property with estimated values as follows:
(1f 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:
$ v2~tD~04tJ ~c00
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
~'`'` `e"~''~'" ~ - 1172 FAIRWAY CLUB LANE #1
ESTES PARK CO 80517
F-iZ~~EtZt tF~ I~, . ~--~ ES 5
Form RW-02 rev. 10.13.06
Page 1 of 2
(COMPLETE LNALL CASES:) Attach additional sheets ijnecessary. O
' ..
~r~~# iX~ ~~.~ C~.~~~~~.e~~
OF
ANNA R. HESS
I, ANNA R. HESS, of Lower Allen Township, Cumberland
County, Pennsylvania, do make, publish and declare this to be my
Last Will and Testament, hereby revoking all Wills and Codicils
by me at any time made.
ITEM I: I direct that all inheritance and
estate taxes becoming due by reason of my death, whether such
taxes may be payable by my estate or by any recipient of any
property, shall be paid by the Executor out of the property
passing under ITEM IV of this Will, as an expense and cost of
administration of my estate. The Executor shall have no duty or
obligation to obtain reimbursement for any such tax so paid, even
though on proceeds of insurance or other property not~assinc~""~ _
under this Will . `-~ ``'-'~ !.'
~n x:- r-'
r s~ cT1 ~ r t' . 7
ITEM II: I direct the Executor t~ ~ the -"
expenses of my last illness and funeral expenses fromt- ~
~' ~ J- - ;
property passing under this Will as an expense and co ~f ~=~ !'~. `_''
administration of my estate. c~.~ i F `'
ITEM III: If I predecease my husband,
ROBERT L. HESS, I give and bequeath to him absolutely and in fee
simple all of my household furniture and furnishings, books,
pictures, jewelry, silverware, automobiles, wearing apparel and
all other articles of household or personal use or adornment and
all policies of insurance thereon. If I do not predecease my
said husband, I make said bequest to my children living at the
time of my death, to be divided among them as they shall agree,
the Executor to represent any minors in such division. Should
Page 1 ii ~', ti"
~~ ~ }
there be no agreement, such property shall be divided among them
by the Executor in as nearly equal portions as is deemed
practical in the sole discretion of the Executor, having due
regard to the personal preferences of such children.
ITEM IV: I give, devise and bequeath all the
rest, residue and remainder of my estate, not disposed of in the
preceding portions of this Will, to my husband, ROBERT L. HESS,
if he survives me. If my said husband does not survive me, I
make said bequest and devise to my children in equal shares. If
any of my said children is not living at the time of my death,
his or her share shall be paid to the then living issue of said
deceased child, per stirpes; provided, however, that if any then
living issue of said deceased child has not attained the age of
twenty-five (25) years at the time of my death, his or her share
shall be held in trust by my Executors, as Trustees, until said
issue attains the age of twenty-five (25) years, at which time
the Trustee shall distribute to such issue his or her share of my
residuary estate. During the term of said Trust, the Trustee
shall quarterly pay to or for the benefit of said issue all of
the net income and so much of the principal of said Trust as, in
the discretion of the Trustee, may be necessary to maintain said
issue in the proper station in life, including proper support,
maintenance, medical care and college or higher education.
ITEM V: No part of the income or principal
of the property held under any Trust created by this Will shall
be subject to attachment, levy or seizure by any creditor,
spouse, assignee or trustee or receiver in bankruptcy of any
beneficiary prior to his or her actual receipt thereof. The
Trustee shall pay over the net income and the principal to the
parties herein designated, as their interests may appear, without
Page 2 rl-~, ~~%. )-~,
.. ,
regard to any attempted anticipation, pledging or assignment by
any beneficiary under a Trust, and without regard to any claim
thereto or attempted levy, attachment, seizure or other process
against said beneficiary.
ITEM VI: In the settlement of my estate and
during the continuance of the foregoing Trusts, the Executor and
the Trustee shall possess, among others, the following powers:
(a) To retain any investments I may have at my
death, including specifically those consisting of stock
of any bank even if I have named such bank as the
Executor or Trustee herein, so long as the Executor or
Trustee may deem it advisable to my estate so to do.
(b) To vary investments, when deemed desirable by
the Executor or Trustee, and to invest in such bonds,
stocks, notes, real estate mortgages or other
securities or in such other property, real or personal,
as they shall deem wise, without being restricted to
so-called "legal investments", and without being
limited by any statute or rule of law regarding
investments by fiduciaries.
(c) In order to effect a division of the
principal of a Trust or for any other purpose,
including any final distribution of a Trust, the
Executor or Trustee is authorized to make said
divisions or distributions of the personalty and
realty, partly or wholly in kind. In the event a
division or distribution is made in kind, such division
or distribution shall be made at the fair market value
Page 3 f'--~ f 1 ~~
of the property at the date of division or
distribution. Should it appear desirable to partition
any real estate, the Executor or Trustee is authorized
to make, join in and consummate partitions of lands,
voluntarily or involuntarily, including giving of
mutual deeds, recognizances or other obligations, with
as wide powers as an individual owner in fee simple.
(d) To sell either at public or private sale and
upon such terms and conditions as the Executor or
Trustee may deem advantageous to the estate or Trust,
any or all real or personal estate or interest therein
owned by the estate or Trust severally or in
conjunction with other persons or acquired after my
death by the Executor or Trustee, and to consummate
said sale or sales by sufficient deeds or other
instruments to the purchaser or purchasers, conveying a
fee simple title, free and clear of all trust and
without obligation or liability of the purchaser or
purchasers to see to the application of the purchase
money or to make inquiry into the validity of said sale
or sales; also, to make, execute, acknowledge and
deliver any and all deeds, assignments, options or
other writings which may be necessary or desirable in
carrying out any of the powers conferred upon the
Executor or Trustee in this paragraph or elsewhere in
my Will.
(e) To mortgage real estate, and to make leases
of real estate.
Page 4 /_~, /i~, ~~
(f) To borrow money from any party, including the
Executor or Trustee, to pay indebtedness of mine or of
my estate, expenses of administration or inheritance,
legacy, estate and other taxes, and to assign and
pledge assets of my estate therefor.
(g) To pay all costs, taxes, expenses and charges
in connection with the administration of my estate or a
Trust.
(h) To vote any shares of stock which form a part
of the estate or Trust, and to otherwise exercise all
the powers incident to the ownership of such stock.
(i) In the discretion of the Executor or Trustee,
to unite with other owners of similar property in
carrying out any plans for the reorganization of any
corporation or company whose securities form a part of
the estate.
(j) To disclaim any interest in property which
would devolve to me or my estate by whatever means,
including but not limited to the following means: as
beneficiary under a will, as an appointee under the
exercise of a power of appointment, as a person
entitled to take by intestacy, as a donee of an inter
vivos transfer, and as a donee under a third-party
beneficiary contract.
(k) To do all other acts in their judgment deemed
necessary or desirable for the proper and advantageous
Page 5 ~~ )~
••
management, investment and distribution of the estate
or Trust.
ITEM VII: Any person who shall have died at
the same time as I shall have, or in a common disaster with me,
or under such circumstances that the order of our deaths cannot
be established by proof, or within thirty (30) days of my death,
shall be deemed to have predeceased me.
ITEM VIII: I hereby nominate, constitute and
appoint my husband, ROBERT L. HESS, to be the Executor. In the
event of his death or his inability or refusal to serve, I
nominate, constitute and appoint my son, FREDERICK M. HESS, to be
the Executor. The Executor and Trustee are specifically relieved
from the duty or obligation of filing any bond or other security.
IN WITNESS WHEREOF, I have set my hand and seal to
this, my Last Will and Testament, consisting of this and the
preceding five (5) pages, at the end of each page of which I have
also set my initials for greater security and better
identification this ~~t-,~i day of /f c1 G i.1.~ ~- 19 ``%1f.
l,~~Lyi.Lc.. ~C ~ mil['-.~ . (SEAL)
ANNA R. HESS
We, the undersigned, hereby certify that the foregoing
Will was signed, sealed, published and declared by the above-
named Testatrix as and for her Last Will and Testament, in the
presence of us, who, at her request and in her presence and in
the presence of each other, have hereunto set our hands and
seals the day and year first above written, and we certify that
•• ~ L
at the time of the execution thereof, the said Testatrix was of
sound and disposing mind and memory.
~ ~V~_ (SEAL) Residi g at SG~~ ~~~'~ /c~'~-
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~~'~~~'t` /. I; ~r,K-~ ~LT(SEAL) Resding at ~ ~ ~. v~'--
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__ '~,,~' ~~, ~.~~ ~ (SEAL) Resriding at, ~yc~ -~'~' --~,~, f
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ACKNOWLEDGEMENT
COMMONWEALTH OF PS~'LVANIA )
COUNTY OF '' ~~ ~-'~~'L-% ) SS.
~~.~~
I, ANNA R. HESS, Testatrix, 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.
~•
r;-~i,,-R.~_~ . ,~ ~-~5: ~~~ (SEAL )
ANNA R. HESS
Sworn to and subscribed
before me this ~~' ~~11~s day
Not ry Public
My Commission Expires:
` _ Notarial Seal
(SEAL) Margaret L. Eoyd, Notary Public
Narnsburg, Dauphin Gouriiy
My Commission expires Jure 27,1996
Memt3ar, Pe„----- ,.,,~,y. ~,~14~„c~ution of es
T~F'F~'TT121~TTT
', COMMONWEALTH OF PENNSYLVANIA )
' ) SS:
COUNTY OF 1~-~C,I;L~:L.~.-~ )
We , ~/,~.ro;.r../L1 • Ls-c.-1`~~/~cr l~ /~G(C.1 ~ / -~ f~'~''7
_ ~
,_.
and f r~ the Witnesses whose names are
signed t the attached or foregoing instrument, being duly
qualified according to law, do depose and say that we were
'~, present and saw Testatrix, ANNA R. HESS, sign and execute the
!, instrument as her Last Will and Testament; that Testatrix signed
willingly and that she executed said Will as her free and
voluntary act for the purposes therein expressed; that each of
us in the hearing and sight of the Testatrix signed the Will as
Witnesses; and that to the best of our knowledge the Testatrix
was at that time eighteen (18) or more years of age, of sound
mind and under no constraint or undue influence.
Witness
:L~ ~,
__ Wit ss
~%'
witness
,_,J
Sworn to and subsc,ibed
befor me this J~'' 19~',,y~ay
of ~,~.~ f L~-.~1 1''
' Via` ,~/ f
N ~ ary Public
My Commission Expires:
(SEAL)
NcGzra! Seal
Margaret L. Eoyd, Notary Public
Hamsburg, Dauphin County
My Commission Expires June 27,1996
Maml~ar, PphrwylvBUti~,q~;c+GldijUrf tl 0 eS
9234_1
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
-~1....
before me the ~ day of
~ ^00~
~n ~ . a ~ wti--~ l ~ L~~ ~ OA
For the Register
-~ ~ ~~ i ~~
Signature of Personal Representative
Srgnature of Personal Representative
Signature of Personal Representative
File Number: Z ~ - ®~ - ~ 2
Estate of ANNA R. HESS ,Deceased
Social Security Number: 205-09-9945 Date of Death: 3/2/2009
AND NOW, ~~ Q ~ _, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, 1T IS DECREED that Letters TESTAMENTARY
are hereby granted to FREDERICK M. HESS
in the above estate
and that the instrument(s) dated AUGUST 8 1994
described in the Petition be admitted to probate and filed of record as the last Will (~Qd Codicil(s)) of Decedent.
FEES . " r
Letters ............................. $ 3 ~ p U~
~ ~ ister of Wills
~
~
~ f1~
Short Certificate(s) . ~....... $ I r~ _L~t~ Attorney Signature: }
~
///
7~ ~
Renunciation(s) ................ $
~-V{ ~ LL $ l ~ - ~> Attorney Name: DAVID H. RADCLIFF
e~ $ t ~ ~ L~
~1 r.~' ~ ....
$ J • C1~ Supreme Court LD. No.: 25483
.... $ Address: 1011 MUMMA RD #201
.... $
.... $
LEMOYNE
~~~~ $ PA 17043
.... $
$ Telephone: 717 236-9318
TOTAL ............................. $ ~JJ Z - ~
Form RW-02 rev. !0.!3.06 Page 2 of 2