HomeMy WebLinkAbout04-21-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Katherine P. Neier
Deceased
File Number 21-09-~_
Social Security Number 082-O1-1351
Petitioner, who is 18 years of age or older, applies for:
(COMPLETE `A' or `B' BELOW:)
® A. Probate and Grant of Letters Testamentary and aver that Petitioner is the Executrix named in the last
Will of the Decedent dated May 31, 1996.- The said M. Eugene Miller died on December 14, 2005.
Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument
offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person.
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in County, Pennsylvania with his/her last principal residence at Cumberland
Crossings, 1 Longsdorf Way, Carlisle, PA 17013.
Decedent, then 95 years of age, died on April 2, 2009, at Cumberland Crossings Retirement Community, Carlisle,
Pennsylvania.
Decedent at death owned property with estimated values as follows:
(if domiciled in PA) All personal property
(lf not domiciled in PA) Personal property in Pennsylvania
(If got domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
$630.000
$None
Wherefore, Petitioner respectfully requests the probate of the last Will and Codicil presented with this Petition and
the grant of letters in the appropriate form to the undersigned:
Signature Typed or printed name and residence
Kathryn N. Miller
450 McClures Gap Road
Carlisle, PA 17013
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
The Petitioner above-named swears or affirms that the statements in the foregoing petition are true and
correct to the best of the knowledge and belief of petitioner and that, as personal representative of the above
Decedent, Petitioner will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed
before me this ~_~~ _ day of
or the Register
Kat ryn N. filler
File Number 21-09- ~ ~7
Estate of Katherine P. Neier, Deceased
Social Security Number:~082-01-1351 Date of Death: Apri12, 2009
AND NOW ~~~ , 2009, in consideration of the foregoing Petition,
satisfactory proof having been prese d e ore e, IT IS DECREED that Letters Testamentary are hereby granted
to Kathryn N. Miller in the above estate and that the instrument dated May 31, 1996, and March 28, 2006, described
in the Petition be admitted to probate and filed of record as the last Will and Codicil of De/c~edent.
FEES ~ , l
~~ Register of Wi is ~C~ ~.
Letters .................. $ ~ ,,/ / /''""
Short Certificate(s) ........ $ ~ • ~ Attorney Signature: Gt~wlK.C /=~.;~:'~,P
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Address: 53 West Pomfret Street
Carlisle, PA ] 7013
Telephone: 717-243 -0220
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LOCAL REGISTRAR'S CERTIFICATION OF LIEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
bee for [his certif~lcate. $b.OO
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Certification Number
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H10S143 REV t1f2006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TYPE/PRIM IN
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STATE FILE NUMBER
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Charles Preuss Elizabeth Baumer
20a. Inlomunt's Name (Type I Pant) 20b. Inlamanl's MniMig Admen (Street, MY / Wwn, state. rip caeal
Kathryn Miller 450 McClures Gap Rd., Carlisle, PA 17013
21 a. Memod a DlsPOSabn ®Craretion ^ Damtlm
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D'aposeion Pemnt No. ~ ~ `t"'1 ~-~3a
F\FILES\DATAFILE\ WILLS\7(!d-W. W IL
LAST WILL AND TESTAMENT
I, KATHERINE P. NEIER, of South Middleton Township, Cumbe~hand Coin,
Penns lvania bein of sound and dis osin mind and memo do hereb make ubl nd dec~e -
Y ~ g p g rY~ Y , p
this to be my Last Will and Testament, hereby revoking any and all former Wills or Codices by awe
made. `-~
. .,,.
__ _ -
ITEM ONE : ~` `~ ~.,~
I direct that all my just debts, funeral expenses, testamentary expenses and ail inheritar
taxes shall be paid to the extent possible from the assets held or passing under ITEM FOUR hereof
as soon as practicable after my decease and as part of the administration of my estate.
ITEM TWO
I give, devise and bequeath all of my estate, both real and personal property, as follows:
a. Seventy-five percent (75%) thereof to my daughter, KATHRYN N. MILLER, with
substitution of issue should she predecease me or fail to survive me by thirty (30) days.
b. Four and sixteen hundredths percent (4.16%) thereof to my son, THOMAS D.
NEIER, JR., with substitution of issue should he predecease me or fail to survive me by
thirty (30) days.
c. Eight and thirty-four hundredths percent (8.34%) thereof to be divided equally
between my grandsons, GARETT C. NEIER and CHRISTOPHER C. NEIER, or the entire
eight and thirty-four hundredths percent (8.34%) to the survivor of them, should either of
them predecease me or fail to survive me by thirty (30) days.
d. Twelve and fifty hundredths percent (12.50%) thereof to be divided equally among
my grandchildren, STEPHANIE. G. COULSON, BRIAN E. MILLER and LESLIE K.
MILLER. In the event one or more of the said STEPHANIE G. COULSON, BRIAN E.
MILLER or LESLIE K. MILLER shall predecease or fail to survive me by thirty (30) days,
the survivors shall divide such twelve and fifty hundredths percent (12.50%) share equally
between them, or the sole survivor shall take the entire twelve and fifty hundredths percent
(12.50%) share.
I recognize and appreciate the disparity in the provisions made for my daughter, KATHRYN
~~. ~ N .
K.P.N.
Page 1 of 5 Pages
N. MILLER and her children, STEPHANIE G. COULSON, BRIAN E. MILLER and LESLIE K.
MILLER, in contrast to the provisions I have made for my son, THOMAS D. NEIER, JR. and his
children, GARETT C. NEIER and CHRISTOPHER C. NEIER. This disparity is intentional and
made after due consideration.
ITEM THREE
In addition to the powers conferred by case law, by statute, and by other provisions hereof,
my Executor shall have the following discretionary powers applicable to all property held by him
which powers shall be effective without order of any court and shall exist until final distribution.
a. To retain any property of any nature received by them for whatever period they shall
deem advisable;
b. To invest and reinvest all or any part of said property in such stocks, bonds, securities
or other property, real or personal, as in their discretion they shall deem proper, without regard to
statutes limiting the property which a fiduciary may purchase;
c. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash
or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration
of any trust herein, without liability on the purchasers or lessees to see to the application of the
proceeds, and to give options for these purchases without the obligation to repudiate them in favor
of a higher offer;
d. To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of any trust hereunder;
e. To borrow money, including the right to borrow money from any bank and to
mortgage or pledge any asset of the estate as security;
f. To assume continuance of the status of any beneficiary with regard to death, marriage,
divorce, illness, incapacity and the like in the absence of information deemed reliable without
liability for disbursements made on such assumption;
g. To pay from the trust, or the income therefrom, all debts or claims against my estate,
or any taxes or similar charges on my estate;
h. To make any distribution hereunder either in kind or in money, or partially in kind
K.P.N.
Page 2 of 5 Pages
distributed, and my Executor, in his absolute discretion, may cause the share distributed to any
distributee to be composed of property similar to or different from that distributed to any other
distributee;
i. To exercise any subscription right in connection with any security held hereunder, to
consent to or participate in any recapitalization, reorganization, consolidation or merger of any
corporation, company or association, the securities of which may be held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generally to exercise all rights of investors;
To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of any trust hereunder;
k. To continue in any partnership, joint venture, joint ownership or other business
enterprise of which I am a part at the time of my death;
To compromise claims;
m. To continue for whatever period of time as they shall deem necessary any ownership
as a tenant in common or as a partner, in real estate or other property and to act as I could have done
had I been living;
n. To lend money to my estate or to any trust created hereunder or to purchase from the
estate or from any trust created hereunder, at the market value thereof at the time of purchase, any
securities or other property tendered to them by my estate or any trust created hereunder at any time
and from time to time within a period of nine (9) months after my death;
o. In the event that any amounts are payable hereunder or under any trust created
hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated
to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the
opinion of the fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts
may be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any of the following
ways as he, she or they may deem best:
(1) Directly to such beneficiary;
(2) To a legally appointed guardian of such beneficiary for the benefit of such
'.•~ .~±•
K.P.N.
Page 3 of 5 Pages
beneficiary;
(3) To a person having custody of such beneficiary for the benefit of such
beneficiary;
(4) By the fiduciary(ies) hereunder using such amounts directly to the benefit of
such beneficiary.
Evidence of the application of payment of an amount in such a manner shall be a full and complete
discharge of the fiduciary(ies) hereunder to the extent of such payment or application. This
paragraph shall be applicable to payments of income as well as principal.
p. To employ agents, attorneys and proxies and to delegate to them such power as my
personal representatives consider desirable and to pay reasonable compensation for such services as
may be rendered by such agents, attorneys and proxies;
q. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
ITEM FOUR
I nominate, constitute and appoint my son-in-law, M. EUGENE MILLER, as Executor of my
estate. In the event that he shall predecease me or fail to act as Executor, then I appoint my daughter,
KATHRYN N. MILLER, as Executrix of my estate.
ITEM FIVE
I direct that my Executor(rix} shall not be required to file any bond in any jurisdiction to
secure the faithful performance of their duties, nor shall they be required to obtain any order or
approval of any court for the exercise of any power or discretion set forth in this Will.
IN WITNESS WHEREOF I have hereunto set my hand and seal this ~ Is~ day of
}`7'~,c.~ ; 1996. .
~_ ((jj ~~~~~ ~ ~~~ (SEAL)
Katherine P. Neier
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, have hereunto subscribed
ou names as wi esses thereto, in the presence of the said Testatrix and of each other.
~ - ... _.,_.~d~~~-~...-_._.._
Page 4 of 5 Pages
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS.
I, Katherine P. Neier, 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 instrutent as my Last Will; that I signed it willingly; and that I signed it as my free and
voluntary act for the purposes therein expressed.
Katherine P. Neier
Sworn or ffirmed to and acknowledged before me by Katherine P. Neier, the Testatrix, this
~ ~ 5 fi day of , 1996.
Notarial Sea
Corrine L. Myers, Notary Public
Carlisle 8oro, Cumberland County
My Commission Expires May 27, 1999 Notary Public
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS.
the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified
according to law, do depose and say that we were present and saw Katherine P. Neier, the Testatrix,
sign and execute the instrument as her Last Will; that the Testatrix signed willingly and that the
Testatrix executed it 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 18 or more years of age, of sound mind and under no
constraint or undue influence.
Address /O ~4Sf !-t~N ~-
iA R~ssLE ~!~ • ~ 70, 3
Address ~~ c~/.-s.- ~a.-~~, _S~-t-~,.~
~.--mot ~ • 5'r- ~ ~~ 3~ / ~ L7 ~
Sworn or affirmed to and subscribed before me this 31S~day of ~~- , 1996.
Notarial Seal
Corrine L. Myers, Notary Public
Carlisle Boro, Cumberland County Notary Public
My Commission Expires May 27, 1999
L
Page 5 of 5 Pages
~l-Qy'-~3"79
CODICIL
I, KATHERINE P. NEIER, the within named Testatrix, do hereby make and
publish this Codicil to my Last Will and Testament dated May 31, 1996, as follows:
FIRST. Any rei-erences to substitution of issue in my Last Will and Testament
shall be specified to be by representation and not per capita.
SECOND. I nominate, constitute and appoint my grandchildren, LESLIE K.
THUMMA, STEPHANIE G. COULSON and BRIAN E. MILLER, to serve without bond
as my successive alternate personal representatives.
THIRD. I hereby ratify and confirm my said Last Will and Testament in all other
respects.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 28th day
of March , A.D. Two Thousand Six (2006).
~~w~~~.~.~-'.,.~.e_''. ~y (SEAL}
Katherine P. Neier
WAYNE: F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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Signed, sealed, published and declared by the said KATHERINE P. NEIER as and
for a Codicil to her Last Will and Testament, in the presence of us, who, in her presence
and in the presence of each other, have, at her request, subscribed our names as witnesses
hereto.
G~•cvKc f.~
~-°
Acknowledgment
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
I, KATHERINE P. NEIER, the person whose name is signed to the foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
signed and executed the instrument as a Codicil to my Last Will and Testament and that I
signed it willingly and ~~s my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by KATHERINE P. NEIER,
this 28th day of ~ March , 2006.
,~-7e--~.e~'~
Katherine P. Neier
C~ -~~
Notary P blic
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
1013
'"U~'l~a~"'t~~AiL7hty U®PENNSYLVANIA
NOTARIAL SEAL
CONNIE J. TRITT, Notary Public
Carlisle Boro., Cumberland County
-2- My Commission Expires October 5, 2008
Affidavit
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
We, Wayne F. Shade and Helen H. Shade ,the witnesses
whose names are signed hereto, being duly qualified according to law, do depose and say
that we were present and saw the Testatrix sign and execute the instrument as a Codicil to
her Last Will and Testament; that the Testatrix signed willingly and executed it as her free
and voluntary act for the purposes therein expressed; that each subscribing witness in the
hearing and sight of the Testatrix signed the Codicil as a witness; and that, to the best of
our knowledge, the Testatrix was at that time eighteen or more years of age, of sound
mind and under no constraint or undue influence.
Sworn to or affirmed and subscribed to before me by _ti,Tayne F . Shade
and Hel en H _ Shade ,witnesses, this 28th day of March
2006.
G~~u~ F~~
~~~_
Notary P blic
COMMCZIw`v."t_A~+, f, CDC" +'>`?'11VSYLVAI~.tdA
NOTARfAL SEAL~~-m?
CONNIE J TRITT. Notary Public "
Carlisle Boro., Cumberland County
y Commission Expires October 5, 2048
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle. Pennsylvania
17013
-3-