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Home My WebLink About04-16-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estab of GLENN W BLACK also known as .Deceased Laves COUNTY, PENNSYLVANIA Fib Number 21-09- 3( Social Security Number 176-26-2285 PetNknror(s), who blare 18 years of age or older, appty(bs) tor. (COMPLETE A' a'e' BELOW.) QX A. ProGb and Grant of Letbre Testamentary and aver that Petkioner(a) is/aro the EXeCUtOf named in the last Will of the DeosdeM, dated Og/Og/2004 and codicil(s) dated SINS nbvanr dreumshnoee,a.a.. ,em,N1Nlon, aeNedmrsctiror, NC. Ezoept as folows, DeoedeM dkl not many, was not divorced, and did not have a child bom or adopted after execulbn of the instrument(s) offered for probab, vm not Ne vkfim o1 a MNing and was never adjudicated an incepecNated person: B. Grant of Letbre of Adminbtratlon . c..e.; ..n.c..s.; PetNroner(a after a proper search hasfltave ascertained Nat Decedent bft no WIII and was survived by the following spouse (N any) and heirs: pf Adminiaf~, c.t.e. wd.b.n.c.f.e., enter date o/ NMI in Section A above and wmpbte list o/heirs.) Name Relationship Residence N 0 0 s r-ri r~ '~ G? ;~ --• ?-'~~ ~ i) (COMPLETE IN ALL CASES:) Attach additions/ sheets Hnecessary. s "~ -•i• Decedent was domicied at death in Cumberland County, Pennsylvania with his /her lest principal res at ~ =,. 142 Oki State Rwq, Gardners, Dickinson Township, PA $ (List 8aeel addissa, tox+NsYY, toeeaMp, county, stele, z!p cads) Decedent, then g3 years of age, died on 03/29/2009 at Elmcroft Assbted Living, Dilbburg, PA Decedent at death owned properly whh estimated values ea folows: (tt domiciled in PA) All personal property (a not domldbd in PA) Personal properly in Pennsyvania (If not domkdbd in PA) Personal properly in County 150,000.00 Value of real estate in Pennsyvanie 9 504, .00 a8uated as follows: 790, i34, 198 and 742 Old State Road, 6aMnsre, PA Whsrefors PsNNonsr(s) resaeGfurY request(s) ars probeM of the lest WIII and Codidl(a) presented adM this Petltlon sntl the preM M Letters In rite approplap farm to tM trnderslpned: Signature Typed or printed name and realdence Gardners, PA 77924 Capy,gM (c) zoos ram soewaia aw Tr Lsaaw Gmp, Mc. Pea. ~ a z ~~ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS COUNTY OF Cumberland The Petllbner(s) above-named swear(s) or aMirm(s) that the statements in the foregoing Petnbn are true and correct to the beat of the knowbdge and bslbf of Petidoner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) win wen and truly administer the estate according to law. Sworn to or affirmed and/ /syJt~acribed bejelp me this ~~ day of Register S!pnarure oI Personal Rapreaenterive s -v Fib Number: 21-09- ~~~ n~~ a <-; ~ = 4~c. ~_ Eata'b of GLENN W BLACK , f""S-" ~ r:-" +'n AM/A - `'~~' ~':~ rn Social S A~ IIIIIddd~~.vvv Nnu/mbe/r~/t 176/-26-2285 Date of Deatn: 03/29/2009 AND NOW, ~/~C~XIRC~ ~l~ ~~~ , in consideration of the torogoing PetPoon, satlafadory proof having been prosented beforo me, IT IS DECREED that Letters Testamentary are hereby granted to L~lveme C Black in the above estate and that the instrument(s) dated OBI09/2004 described in the Petition be admitted to probate and filbd d recoM as the last Will (and Codicil(s)) d Decedent. FEES Levers ....................................... snon CertlfkaM(s)........7 .......... Renundetfors(s) ......................... WIII ..... E .... a .... S S JCP Fee E Automation Fee S a S S S S T/1Te1 ! 510.00 28.00 An 15.00 qtt 10.00 Su 5.00 Address: Telephone: 566.06 SALZMANN HUGHES PC 354 Alexander Spring Road, Suite 1 Carlk<le, PA 17015 717-249-6333 Fam RWA2 Rev. 1613-1006 CWYnaM (c) Y006 tam aMwara onh Tria Latlmer Q,cW~ Inc. Pape Z M p EOSPOS RBV (OIPo]) LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate; $6.00 P 1511410.9 Certification Number Xlpyl<)NEV IIiRE IVR: TrRY. RRIUMM &.1b{I111f I 1 O / ~~ (,J This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local RegisVar. The original certificate will be forwarded toahe State Vital Records Office for permanent filing, 3' /36/09 ~ Local Registrar Date Issued NO 0 77 ~ d ~ b CI.`' '"Y' ~ _ _. : ;~ i ~ COMMONWFJILTN OF PENNSYW~NUI.OEPARTNEHT OF.HEALTH • YR11L RECORDS „ P'- CERTIFICATE OF DEATH ~ t,? ~ =7 _ (abY laBlrueaenYYM eAxwgMB p1IWNNI 5,1,FFN{UtA,BER .T I MnbtlLbM<R.a NYwM.I PSb ]6401 Will M.Rw <WItl HMP.bA1L Y, MV Glenn H. Alac1; ' rY,le 17G' -7.G _22A5 MArcfi 29, 2W9. s. tl, luaemmr,l uwr lYr uwltw B. HI•a Bewbbnn .wYl :Ma0w lcwtabHw wHea Han lunwm,wr A3 ~ tw. Yw ~' ... 192 Se teEnhar 16 Fn. GRrtlnern ~. p , , < p,bwta DE6.,arow. Do«. M0 DM'Yw omw~~'n • Y.WaYaU„b :f]ryBw.lW apY' ,: tl<Yb/Nt1b,Y•IMIItlawbl,labl•wbn xabpusltalrbwwEwPw+ xo w, NBa<Mwsww,n low laws York 'Carroll 1Wp. Y,Y.rbw`aY roft AsatatedLivin F r l '$'°~" white , lena[, bwP'1. wY .. N. <Wa YN. 4< 1m1 W. 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BLACK, of Dickinson Township, Cumberland County,~ennsylv~a, being of sound mind, disposing memory and full legal age, do hereby make, publ n d de 2~e sa ~ this to be my Last Will and Testament, hereby revoking all Wills and Codicils h~N re ride by me. i~7~~' 7C ~` ONE. I direct my Executor or Executrix, as the case may be, to pay all o~ny ''~ debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate from the residuary hereof. Further, to the extent that sufficient assets exist in my estate, any and all inheritance or other estate taxes, whether to non- charitable or chazitable beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. ~~~ THREE. I give, devise and bequeath all of my personal property to be distributed, in equal shazes, among my children, CAROLYN McFEATERS, LARRY G. BLACK, LINDA BLACK, JANE YOUST and LAVERNE C. BLACK then living at the time of my decease. FOUR, I give, devise and bequeath all of the rest, residue and remainder of my estate of whatever nature and wherever situate to be distributed as follows: A. I hereby give and bequeath the sum of $5,000.00 to the BIBLE BAPTIST CHURCH, Shiremanstown, Pennsylvania, for its general chazitable purposes; B. I hereby give and bequeath the sum of $5,000.00 to FAITH CHAPEL, Carlisle, Pennsylvania, for its general charitable purposes; and C. I hereby give, devise and bequeath any and all interest that I may have at the time of my decease in those real properties, including all improvements thereon, free and cleaz of all encumbrances, which aze known and numbered as 130 Old State Road, 134 Old State Road, and 136 Old State Road, Gazdners, Dickinson Township, Cumberland County, Pennsylvania, to my son, LAVERNE C. BLACK, per stirpes; D. I hereby grant unto my son, LAVERNE C. BLACK, the right to purchase 142 Old State Road, Gazdners, Dickinson Township, Cumberland County, for a purchase price of Eighty Thousand Dollars ($80,000.00) within ninety (90) days after the date of my death, with all of the proceeds from this purchase being distributed to my children, CAROLYN McFEATERS, LARRY G. BLACK, LINDA BLACK, JANE YOUST and LAVERNE C. BLACK, per stirpes. In the event that my son, LAVERNE C. BLACK, 2 ~ `!~ ; ~i does not exercise his option to purchase this real property as stated above, then the real property shall be sold as soon as practically possible with all of the proceeds therefrom distributed to all of my children as stated above, in equal shares, per stirpes. E. All of the rest, residue and remainder of my estate I hereby give, devise and bequeath in equal shazes to CAROLYN McFEATERS, LARRY G. BLACK, LINDA BLACK and JANE YOUST, per stirpes, which provides that the child or children of any deceased child shall take the shaze their parent would have taken if living; provided however, that if any beneficiary inheriting under this pazagraph is under the age of twenty-one (21) years at the time of my decease, then this shaze shall be held in trust and distributed in accordance with Pazagraph Four hereof. FIVE. If any of my grandchildren or other beneficiazy under Pazagraph Four of this my Last Will and Testament is under the age of twenty-one (21) years at the date of my death and inherits thereunder, then their respective share shall be held in trust for any said grandchildren or other beneficiary by the hereinafter mentioned Trustee according to the following terms and conditions: Upon the creation of this Trust, the Trustee shall divide this trust principal into individual shares in the name of each heir or beneficiary in the amount equal to the amount that said heir or beneficiary inherited hereunder. The Trustee, as well as my representative, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust 3~ ~~ property, to or for the use of said heir or beneficiary, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and benefit of my heirs or beneficiaries such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for their support, maintenance, education, or medical care. My primary objective is to insure the support, maintenance, education and medical care of my heirs and beneficiaries until they reach the age of twenty-one (21) years. However, notwithstanding the above, the Trustee shall have the sole discretion throughout the duration of this trust in which to distribute any of the trust principal or income for the benefit of any of my heirs or beneficiaries for any such purpose as the Trustee deems reasonable under the circumstances such as but not limited to the purchase of real property, tuition for further education or any other purpose which would in the Trustee's sole discretion advance the best interest of said heir or beneficiary. When each respective heir or beneficiary reaches the age of twenty-one (21) years, then whatever remains of income or principal of the said heir's or beneficiary's divided share under this trust estate shall be distributed to said heir or beneficiary, per stirpes, which provides that the child or children of any deceased heir or beneficiary shall take the share their parent would have taken if living. In the event that any said heir or beneficiary becomes deceased prior to the final distribution hereunder without leaving surviving issue, said deceased heir's or beneficiary's shaze shall be divided equally between all of the heirs and beneficiaries who are a part of this trust and distributed in accordance with this Pazagraph. For whatever reason there are no heirs and beneficiaries remaining as a part of this trust, then in that event, the rest, residue and remainder hereof shall be distributed in equal shares to the residual beneficiaries set forth in Paragraph Four E. above including any issue of LAVERNE C. BLACK. 4 ~ ~ ~~ . SIX. I hereby nominate and appoint my son, LAVERNE C. BLACK, to be the Executor of this my Last Will and Testament. If he has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint my daughter, LINDA BLACK, to be the Executrix of my estate. In the event that she has predeceased me, failed to qualify or is not able or does not serve for whatever reason, then in her place I hereby appoint SHIRLEY D. BLACK, to be the Executrix of my estate, whereby both substitute Executors shall have the same powers as the original Executor hereunder. SEVEN. I hereby nominate and appoint SHIRLEY D. BLACK, or if she is not able or does not serve for whatever reason, I then appoint JASON ANDREW BLACK to serve as Trustee of the trust created in Paragraph Five hereof. EIGEIT. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. NINE. No Executrix, Executor, or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. TEN. No beneficiary may assign or anticipate his or her interest in any income or principal held or distributable hereunder; and no beneficiary's creditors may attach or otherwise reach any such interest. ELEVEN. The validity and administration of any trust established hereunder and any question or disputes relating to the construction or interpretation of any said trusts shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. TWELVE. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its 5 ~ ~` entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue pursuant to Pazagraph Four E. hereof except that if such person or institution is entitled to shaze in the said residue, that interest shall be distributed proportionately to the other residuary distributees. THIRTEEN. The Trustee, as well as my Executor or Executrix, shall have the following powers, in addition to those vested in it by law, for my property held for the benefit of my beneficiaries, whether income or principal, exercisable without court approval and effective until the distribution of all property under the terms of the trusts set forth in Paragraph Five above: The Trustee, at its discretion, may compromise claims, borrow money or retain property for such length of time as it may deem proper, sell lease, pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of all or any portion of trust property for such prices and on such terms in public or private transactions as it may deem proper; and invest trust property and income without restrictions to legal investments. The determination of the Trustee with respect to the advisability of making payments out of the income or principal to any heir or beneficiary inheriting hereunder shall be conclusive and binding on all persons howsoever interested in the respective trust. Further, the Trustee shall be authorized to receive additions to the respective trust of any kind or any property whatsoever from sources other than my estate and at any time in the sole discretion of the Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of June, 2004. ~s~a~,Glt~_ w~ l~lr~/ (SEAL) GLENN W. BLACK Signed, sealed, published and declazed by the above named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set ow ACKNOWLEDGMENT AND AFFIDAVIT WE, GLENN W. BLACK, JAMES D. HUGHES and CHRISTINA N. YOST, the testator and witnesses respectively, whose names aze signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his Last Will, and that he had signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that to the best of their knowledge the testator was, at that time, eighteen yeazs of age or older, of sound mind and under no constraint or undue influence. BLACK HUGHES ®A ®~~., ~ ~t , CHRISTINA N. COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by GLENN W. BLACK, the testator herein, and subscribed ap~worn to before me by JAMES D. HUG\ Sand CHRISTINA N. YOST, witnesses, this v' ~ day of June, 2004. ~ ~ COMMONWEALTH OF PENNSYLVANIA • v~~v ~,;al ~y o rY Public Jacqueline L. prawbaugh. NWary Public Carlisle Born, ClrrtberWrW County My Caryrissicn Expires Aug. 14, ZOW Alarnber, Pennsylvania Aeeadatlon a Notaries