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HomeMy WebLinkAbout10-11-95 PETITION FOR PRODA TE and GRANT OF LE'ITERS ;J.1-Q.5-777 Eslalll of .JAMES H. IIERENlllmN also known as No. To: Rqlster of WWS for Ihll JHtyaslld CounlY of Cumberland In the Social Sllcurity No. I DB-I B-217:r. m. Commonwealth of Pennsylvania The pctltion of the unders(lIIed respcctfuUy represents lbal: Your pctltioner(s), wbo Islare 18 yean of aae or older an the execuror named IIIlbelaslwilloCtheabovedecedenl,daled Mav 27 119~ and codIciI(s) daled James H. Herendeen, Jr. died ~cp~cmDcr 19. 1~94 (lWe rdevaot drc'Um.n.aoces, '.,. rcaundadoD, death of executor, etc.) Decendenl was domiciled al death In Cumberland County, PennsylVania, with his lasl Camily or princlpal residence alSO Circle Ilrive East Pennsboro Township (1lJI m.... OWllber aad lDuadpalJ17) Decendenl, then BO yean oC aae, died 'October I 11_ Holv'SDirit lIosDUal, . Call1P Hill, PA Excepl as CoUows, decedent did Dol many, was nOI divorced and did nOI bave a cbDd bom or adopted al!er execulion oC Ibe wlU offered Cor probale: was nOI the v1c:tim oC aldlllna and was never adjudicated mcompcteut: no excl'Dtion Decendenl at death oWlied properly with eslimated values as CoUows: (It domiciled In Pa.) All personal properly (If nol domiciled lit PL) Personal property III Pennsylvania (It nC/t domlcl!::<lln Pl.) Personal property III County Value of real estate In Pennsylvania sllualed as CoUows: ~o Circle Drive. East Pennsboro Cumberland Countv ,1995 s s s S Township 500,000. -0- -0- 100.000. . WHEREFORE. petiUoner(s) respectCuDy rcqiJ'dt(s) .the"probate'or' the.1Ut'will"luid"CodiClJ(sj-' presented berewith and the &rant of lettCt' Testamentarv (taUmc:n.u.m &tf",fftf~ntJOQ Cot,L; M....r,,!iltradoa d.b.D.CoLL) theron. I 11 j~ Dauph~osit Ilank and Trust Company IlY: .- J / ~ /4 4-1/ J" ~ T-""' Robert L. Keck Assistant Vice President and 'T'rllRt Offfrer P. O. Box 2961 Hnrri RhurC!. FA 17105 OATH OF PERSONAL REPRESENTATIVE COMMONWEALm OF PENNSYLVANIA } ss COUNTY OF Cumberland The pctllioner(s) above.named swear(s) or affirm(s) thl1 the statements III the foreaolna pctllion are lnle and correct 10 the best of the knowledae and beUeC of petilioner(s) and that as personal represen. taUve(s) of the above decedelll petitioner(s) will weD and truly adminlster the estate accordlna 10 law. Dauphi posit Il nk and Trust Company "- 't-7? ~ ert L. Keck _ A"slstant Vice President ! 11nrl TrllRt Officer 1 ~ Swom 10 or atrlrmed before me lhIs II t h 1.2- ,L IPI-/.;2.- MARY c. L W1S -..,.., . "I . . 1Enst lIIill cutb ur~stnm~nt OF JAMES H. HERENDBEN I, JAMES H. HBRBNDEEN, of Bast Pennsboro Township, Cumberland County, Pennsylvania do make, publish and declare this to be my Last Will and Testament and hereby revoke all Wills and Codicils previously made by me. 1. I direct that my legal debts, funeral expenses and the cost of the administration of my estate be paid as soon as practicable after my death. 2.' Much of the household furnishings in my residence at 50 Circle Drive, Bast Pennsboro Township, Cumberland County, Pennsylvania is the property of my wife, BLBANOR F. HBRENDEBN. My wife shall have the right to retain possession of and use my household furnishings so long as they remain in the above premises, without liability for waste and without bond. If my wife shall move or permanently cease using the above premises as her home, then my household furnishings shall be distributed among my residuary heirs set forth in Paragraph 4B hereof. All of the household furnishings which are the property of my wife shall remain her property for such disposition as she shall direct. 3. All estate, inheritance, legacy, succession, or transfer taxes of whatsoever nature and whatever jurisdiction imposed, including interest and penalties, assessed against my estate or payable by reason of my death, with respect to any property forming a part of my gross estate for said taxes purposes, whether or not passing under this Will, shall be paid out of my residuary estate without apportionment or right of reimbursement and without postponement. 4. I give, devise and bequeath all the rest, residue and remainder of my property and estate of every kind and nature and wheresoever situate, including all lapsed legacies, bequests, and devises, and including any property over which I may have any power of appointment, after the payment of all estate, succession, legacy, or inheritance taxes therefrom, to my Trustee hereinafter named, IN TRUST, for the uses and purposes hereinafter set forth: A. The Trustee shall hold, invest and reinvest the principal of this Trust and shall collect and payout all of the net income thereform in quarter-annual installments, or oftener, in its sole and absolute discretion, to my wife, ELEANOR F. HERENDEEN, during the term of her natural life. In addition to the net income, the Trustee may, in its absolute and uncontrolled discretion, pay to or apply for the benefit of my said wife so much of the principal of this Trust as it shall deem needful or desirable, from time to time, for her reasonable health, support and maintenance, taking into consideration the standard of living to which she was accustomed at the time of my death, and any income available to her for such purposes from all sources known to the Trustee; provided, however, that under no circumstances may my said wife compel or force my Trustee to make payment or application of the principal of this Trust. My wife, ELEANOR F. HERENDEEN, shall have the right to live in my house at SO Circle Drive, East Pennsboro Township, Cumberland County, Pennsylvania, which shall be an asset of the Trust estate, for and during the term of her natural life or so long as she desires to use such premises as a home for herself. The Trustee shall pay from income prior to distribution to my wife all costs of epair and maintenance thereof, including taxes, assessments, 'nsurance and ordinary repairs, and the cost of insurance. Said roperty shall be insured in a reasonable amoUnt ~nsuring the 'nterest of the remaindermen as well as my said wife. Upon the eath of my said wife or at such prior time as she no longer uses aid premises as a home for herself, I direct my Trustee to sell aid real estate and add the net proceeds thereof to my Trust estate o that my wife shall have the benefit of this additional income for hatever living arrangements she may make. B. Upon the death of my said wife, or upon my death in 2 the event that my said wife predeceases me, the remaining principal and undistributed income shall be distributed as follows: (1) The sum of Five Thousand ($5,000.00) Dollars to MT. CALVARY EPISCOPAL CHURCH of Camp Hill, Pennsylvania, to be used for the general religious, educational and charitable purposes thereof. (2) Two-fifths (2/5) of the remainder thereof to my beloved son, JAMES H. HERENDEEN, JR., or if he is not then living, to his wife, NANCY HERENDEEN, her heirs and assigns. (3) Two-fifths (2/5) of the remainder thereof to my beloved daughter, CHARI H. KRENIS, or if she is not then living, to her issue, per stirpes, and not per capita. (4) One-fifth (1/5) of the remainder thereof shall remain IN TRUST for my granddaughter, SOLANGE REOCH, until she reaches the age of twenty-five (25). The undistributed income may be used for her education or medical expenses in the event of the death of her father, John J. Reoch. When she reaches the age of twenty-five (25), the Trust shall terminate and the principal and any undistributed income shall be paid over to her, or in the event of her prior death, to her issue. 5. In addition to the powers conferred by the common law, by statute, or by other provisions hereof, my Executor, with respect to my estate and my Trustee, with respect to any trust or trusts created herein, hereinafter sometimes called my "fiduciaries", as the case may be, shall have the following powers: A. To sell at public or private sale, to exchange, to lease, to pledge, to mortgage, to transfer, to convert or otherwise dispose of, or grant options with respect to any and all property, real, personal or mixed, at any time forming a part of my probate or trust estates, in such manner at such time or times, for such purposes, for such price or prices, and upon such terms, credits and conditions as shall be deemed advisable or necessary under the 3 circumstances. B. To retain any or all the assets of my estate, real or personal, without regard to any principal of diversity, risk, or productivity. C. To make distribution in division of the probate estate in cash, in kind, or partly in both. 6. I nominate and appoint my beloved son, JAMBS H. HBRBNDBEN, JR., but if he predeceases me, fails to qualify, or ceases to act for any reason, I nominate and appoint DAUPHIN DBPOSIT BANK AND TRUST COMPANY as the sole Executor of this, my Last Will and Testament to serve without bond for the faithful performance of duties in any jurisdiciton. 7. I nominate and appoint said DAUPHIN DEPOSIT BANK AND TRUST COMPANY as the sole Trustee of all Trusts created by this, my Last Will and Testament. IN WITNBSS WHBRBOF, I have hereunto set my hand this Z7 day of Jv7.a v " , 1994. c!f,~,~.JJ J~~d..u-v mes . Herendeen (SBAL) The preceding instrument, consisting of this and three other typewritten pages, was on the date thereof signed, published and declared by JAMES H. HERENDEEN, the Testator herein named, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses. 5",_-\ ~ Po.. I ~s _/~ Addf!s- 1J~o.~ Name 4 COMMONWBALTH OF PBNNSYLVANIA COUNTY OF DAUPHIN We, James H. Herendeen ,);::~r.4. - X,'A / and ~,. L. .-nVd. k-6 ,the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing SS 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 Last Will and Testament and that he signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of his or her knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence, and I, the said Testator, 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. .ffia........ ./-/ .J~~ 'fe ator 1J.;t~ Q.~ Witness r Subscribed, sworn to and acknowledged before me by James H. Herendeen , t e tor, an su scribed an ore e by and , witnesses, , A.D. 19 94. ~. ~/.w';;; z': ss M . .. . _..-- - .-- -....--..-.. 1E~6t 31mUl ~t1tb QrtStttllttlU Oil JI\MBS II. IIBRBNUBnN I, JAMBS II. IIERENUBBN, of Bast Pennsboro Township, Cumberland publish and declare this to be my Lost , . I revoke 011 Wills'and Codicils County, Pennsylvania do make, Will and Testament and hereby previously mode by me. 1. I direct that my legal debts, funeral expenses and the cost of the administration of my estate be paid as soon os practicable after my death. Z. Much of the household furnish'ings in my residence at SO Circle Drive, Bast Pennsboro Township, Cumberland County, Pennsylvania is the property of my wife, ELEANOR F. IIERENDBEN. My wife sholl hove the right to retain possession of Rnd use my household furnishings so long as they remain in the above premises, without liability for waste and without bond. If my wife sholl move or permanently cease using the above premises as her home, then my' ~ousehold furnishings shall be distributed among my residuary heirs set forth in Paragraph 4B hereof. All of the household furnishings which are the property of my wife sholl remain her property for such disposition os she sholl direct. 3. All estate, inheritance, legacy, succession, or transfer taxes of whatsoever nature and whatever jurisdiction imposed, , including interest and penalties, assessed against my estate or payable by reason of my death, with respect to any property forming a part of my gross estate for said taxes purposes, whether or not pass ing t without I under this Will, shall be paid out of my residuary estate , apportionment or right of reimbursement and without postponement. 4. I give, devise and bequeath 011 the rest, residue Rnd remainder of my property and estate of every kind and nature and wheresoever situate, including 011 lapsed legacies, bequests, and devises, and including any property over which I may have any power I . . ...-....--.-.--.-.-.-.--. .........'. . '. of appointment, after the payment of all estate, succession, legacy, or inheritance taxes therefrom, to my Trustee hereinafter named, IN TRUST, for the uses and purposes hereinafter set forth: A. The Trustee shall hold, invest and reinvest the principal of this Trust and shall collect and payout all of. the net , '," .' III" . "" ; \1' income thereform in quarter-annual installments, or oftener, in its sole and absolute discretion, to my wife, ELEANOR F. HERENDEBN, during the term of her natural life. In addition to the net income, the Trustee may, in its absolute and uncontrolled discretion, pay to or apply for the benefit of my said w'fe so much of the principal of this Trust as it shall deem needful or desirable, from time to time, for her reasonable health, support and maintenance, taking into consideration the standard of living to which she was accustomed at the time of my death, and any income available to her for such purposeS from all sources known to the Trustee; provided, however, that under no circumstances may my said wife compel or force my ,,' . ~ Trustee to make payment or application of the principal of this ..r '. ,'I .' , " , : Trust. My wife, BLBANOR F. HBRBNDBBN, shall hove the right to live in my house at SO Circle Drive, Bast Pennsboro Township, Cumberland County, Pennsylvania, which shall be an asset of the Trust estate, for and during the term of her natural life or so long as she esires to use such premises as a home for herself. The Trustee hall pay from income prior to distribution to my wife all costs of epair and maintenance thereof, including taxes, assessments, nsurance and ordinary repairs, and the cost of insurance. Said roperty shall be insured in a reasonable amount insuring the \ nterest of the remaindermen as well as my said wife. Upon,the , . ,.n I ,~ I' I' I ,,~ ,.. ,i" I '0' .' : I eath of my said wife or at such prior time as she no longer uses aid premises as a home for herself, I direct my Trustee to sell aid real estate and add the net proceeds thereof to my Trust estate o that my wife shall have the benefit of this additional income for hatever living arrangements she may make. B. Upon the death of my said wife, or upon my death in z . . -........ -~... .. ..0 ..... ................. ,.- .--- _..~. - . .... r--' I . .... the event that my said wife predeceases me, the remaining principal and undistributed income sholl be distributed as follows: (1) The sum of Five Thousand ($5,000.00) Dollars to MT.' CALVARY BPISCOPAL CIIURCII of Camp l\ill, Pennsylvania, to be used for the general religious, educatl.onal' and charl table'" ; purposes thereof. (2) Two-fifths (2/5) of the remainder thereof to my beloved son, JAMIlS II. IIIlRIlNDIlIlN, JR., or if he is not then living, to his wife, NANCY IIIlRIlNDIlIlN, her heirs and assigns. (3) Two-fifths (2/5) of the remainder thereof to my beloved daughter, CIIARI II. KRIlNIS, or if she is not then living, to her issue, per stirpes, and not per capita. (4) One-fifth (1/5) of the remainder thereof sholl remain IN TRUST for my granddaughter, SOLANGIl RIlOCII, until she reaches the age of twenty-five (25). The undistributed income may be used for her education or medical expenses in the event' of the 'death of her father, John J. Reoch. When she reaches , , the age of twenty-five (25), the Trust shall terminate and the principal and any undistributed income sholl be paid over to her, or in the event of her prior death, to her issue. 5. In addition to the powers conCerred by the common law, by statute, or by other provisions hereof, my Executor, with respect to my estate and my Trustee, with respect to any trust or trusts created herein, hereinafter sometimes called my "fiduciaries", os the case may be, shall hove the following powers: A. To sell at public or private sale, to exchange, to I ~ease, to pledge, to mortgage, to transfer, to convert or otherwise dispose of, or grant options with respect to any and all property, real, personal or mixed, at any time forming a part of my probate or trust estates, in such manner at such time or times, for such purposes, for such price or prices, and upon such terms, credits and conditions as shall be deemed advisable or necessary under the 3 '.t.'\I 'II. ".,l!.. I ,. ,. ~ ; . ~.' i 't . I \ " . . . ...... - ~ ,,' -.. .-..-......- _.........,.-4 - - I_~. .__ . '. -. - .---... I' ';,.' tit' circumstances. B. To retoin ony or all the assets of my estate. real or personal. without regard to any principal of diversity. risk. or produc~1vi~y., .'".,' r;' C. To 'I', . . I, make distribution in division ,of ,the probate estate . .' .\ ',' \ '0' I :.1' "I'" in cash. in kind. or partly in both. 6. I nominate and appoint my beloved son. JAMBS II. IIBRBNDBBN. JR.. but if he predeceases me. fails to qualify. or ceases to act for any reason. I nominate ond appoint DAUPIIIN DBPOSIT BANK AND TRUST COMPANY as the sole Bxecutor o~ this. my Last Will and Testament to serve without bond for the faithful performance of duties in any jurisdiciton. 7. I nominate and appoint said DAUPlIlN DBPOSIT BANK AND TRUST COMPANY as the sole Trustee of all Trusts created by this. my Last Will and Testament. IN WITNBSS WIIBRBOF. I have hereunto set my hand this t1 'day of,,-1tJ.::IY ~ . 1994. " . , .: ' (SBAL) a.....1JJ .;Jv.......~~ mes I. Herendeen The preceding instrument, consisting of this ond three other typewritten pORes. wos on the dote thereof siRned. published ond declared by JAMBS II. HBRENDBEN, the Testotor herein nomed. 05 ond for his Last Will ond Testoment. in the presence of us, who, ot his request. in his presence, ond in the presence of each other, hove subscribed our names as witnesses. 1J~o.~ Name 5 ~_; ~,Po... ~ r s --m ,. . 4 . . ,... - -.,---- , "',' ~+i'I:;~."I~."'I''':t) Irl~l' '~ff$Jlttl!o)~~~J:::., 'Ii" ~:"'.' ;'1' ;"-4.1 "" It., ",,\t' ~,.I.',,(.~?'1' .. ~ f:k 'f'i 01' ., ,::. '1,' ff 1'- .' ' , .' '~. . ,',,' .. ~. ' , . '~,; .. ~. r '. ' . ; I'. I. " ';',II'f .l'. '":.';' ','J',.' I '.' ... ... .. I" ... . .):; t.l ". .' ", ~. ':.' ,. '. , . J'r.lh' . . I '!'" . ' ,~ 'i: c:i9~ON~~L\}''! {OF PBNNSYL VAN IA SS COUNTY OF DAUPllIN We, James II. lIerendeen ,:::J::~,..,I/. - X,-A / and ~~ L,. .72~Ja k~ ,the TOItator and the witnelle., ':re.pect! Velr,\' who.e name. are signed to the attached or foregoing in.trument, being first duly sworn and qualified according to law, ..-............ .j do hereby declare to the undersigned authority that we were present and saw the Testator sign and execute the instrument as his Last Will and Testament and that he signed willingly (or willingly directed another to sign for him), and )hat he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of his or her knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence, and I, the said Testator, 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. T~a~ J/ .J~... e ator . 'U~D..~ Witness ~.d/H</gr 94. NO ARIAL SEAL ~H J. LONG. IfIIlr, ""',. HIit'..... DnpNn OIWllII. PI. M 0_111 .. Ocl. 30. 199& Register of Wills of CUMBERLAND county, pennsylvania certificate of Grant of Letters Testamentary No. 1995-00777 PA No. 2195-0777 ESTATE OF HERENDEEN JAMES H \UA~~I t~K~~, MLUU~~J Late of EAST PENNSBORO TOWNSHIP ~UM~~KLAnU LUUN~I, WHEREAS, dated May was admitted on the 18th 27th 1994 to probate as the last will of HERENDEEN JAMES H (J...I\~'1', t .11<::;'1', l"l.1UUJ...t.} Deceased Social Security No. 108-10-2173 day of October 19~ an instrument late of EAST PENNSBORO TOWNSHIP 1st day of October 1995 and, WHEREAS, a true copy of ~he will as probated is annexed hereto. , THEREFORE, I, MARY C. LEWIS , Register of the county of CUMBERLAND in the Commonwealth of pennsylvania, that I have this day granted Letters TESTAMENTARY to DAUPHIN DEPOSIT BANK & TRUST who has duly qualified as Executor(rixl and ~ agreed to administer the estate according to law, all of which fully appears of record in my Office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office the ~ day of October 1995. CUMBERLAND County, who died on the Wills in and for hereby certify '-ntA'I~/C~) **NC~~"" A~L N/I_~~S ]I!'OVE APPEAR (!./I.ST, FIRST, MIDDLE)