HomeMy WebLinkAbout06-05-09Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
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Estate of THEODOSIA M. RABER
Deceased Social Security No. 185-24-8376
GEORGE T. RABER III
(COMPLETE "A" OR "B" BELOW:)
A. Probate and Grant of Letters and aver that Petitioner is the Executor named in the Last Will of the Decedent, dated December 31, 2008.
Smte relevant arcumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not many, was not divorced, and did not have a child bom or adopted after execution of the documents offered for probate; was not the
victim of a killing and was never adjudicated incompetent: NONE
B. Grant of Letters of Administration
(d.b.n.c.t.a.: pendente lilt; dumnte absentia; duranle minorimte)
Petitioners after a ro er search has/have ascertained that Decedent left no Will and was survived b the followin souse (if an )and heirs:
Name Relationship Residence
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 418 Spring House Road, Hampden
Township, Cumberland County, Camp Hill, Pennsylvania 17011
(list street, number and municipality)
Decedent, then 77 years of age, died May 31, 2009, in Jewish Nursing Home, Harrisburg, Dauphin County, Pennsylvania.
(Location)
Decedent at death owned property with estimated values as follows
(If domiciled in PA All ersonal roe ........................................ $217,900.00
P P P rty ......................................................................................... .
(If not domiciled in PA) Personal property in Pennsylvania ............................................................................................................... $000000000
(If not domiciled in PA) Personal property in County ........................................................................................................................ $000000000
Value of real estate in Pennsylvania ...................................................................................................................................................................................... $180,000000
Total ..................................................................................................................................................................................................................... $397.900.00
Real Estate situated as follows: 418 Spring House Road, Camp Hill, Pennsylvania (Hampden Township)
Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned
Signature Typed or printed name and residence
401 Easy Street, Harrisburg, PA 17109
Form RW-1 Page I (Dauphin County) -Rev. 9/92
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Commonwealth of Pennsylvania
County of Cumberland
The Petitioner above-named swears and 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 Decedent, Petitioner will well and truly administer the estate
according to law.
Sworn to and affirmed and subscribed
before me this ~ day of
Jw~e. , av
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No. ~ ~ U~ b`~`~a
Estate of Theodosia M. Raber Deceased
Social Security No: 185-24-8376
Date of Death: May 31, 2009
AND NOW, ~,~~j 2009, in consideration of the Petition on the reverse side hereon, satisfactory
proof having been presented before me,
IT IS DECREED that Letters Testamentary are hereby granted to George T. Raber III in the above estate
and that the instrument dated December 31, 2008 described in the Petition be admitted to probate and filed of
record as the last Will of Decedent.
FEES
Short Certificates..(3)... $ ~ °2
Affidavit ( ) ................. $
Extra Pages ( )............ $
Codicil .......................... $
JCP Fee.."?........ ~.......... $ / 5
Inventory ....................... $
Other ............................ $
Register of Wills ~~ ~_ / ~~~~ ~~
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Attorney: y~i R`. Gager ~ -~ ~' _- -
LD. No: 93990 ' ' -_i rv
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Address: Penn National Insurance Plaza `"' ~'
2 North Second Street, Seventh Floor
/~, ~ Harrisburg, PA 17101
TOTAL ................ $~ Telephone: (717) 257-7524
107622.16/2/09
105.805 REV i01/071
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
Certification Number
This is to certif}~ that the information here given
correctly copied from an original Certificate of De
duly filed with me as Local Registrar. The origi
certificate will he forwarded to the State V.
Records Office for permanent thing,
~,~ ` 7 ~ ~ Local Registrau- Date Issued
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LAST WILL AND TESTAMENT ~; _`; ~.~ 1 `' -:-
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THEODOSIA M. RABER ~- __ _
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I, THEODOSIA M. RABER, of Cumberland County, Pennsylvania, declare this
to be my Will and revoke all prior Wills.
FIRST: Tangible Personal PropertX: I give all of my tangible personal
property, including any automobiles, together with all insurance on such property, to GEORGE
T. RABER, III and MARJORIE HILL, to be divided among them as they shall agree. If
GEORGE T. RABER, III and MARJORIE HILL are unable to agree upon a division, each
individual shall draw lots to determine the order of selection and shall alternate choice of articles
until distribution is completed. My Executor shall pay, as an expense of settling my estate, the
costs of packing, storage, shipping and insurance incurred in connection with the distribution of
the gifts of tangible personal property made above.
SECOND: Pecuniary Bequests: I make the following bequests:
A. I give to my grandson, GEORGE RABER, the sum of One Thousand
Dollars ($1,000.00), if he survives me;
B. I give to my grandson, RODNEY RABER, the sum of One Thousand
Dollars ($1,000.00); if he survives me;
C. I give to my grandson, RYAN CASTORO, the sum of One Thousand
Dollars ($1,000.00); if he survives me; and
D. I give to my granddaughter, DIANE GLANTZ, the sum of One Thousand
Dollars ($1,000.00); if she survives me.
14'7285.1 12/31/08
THIRD: Residue: I give, devise and bequeath all of the residue of my estate, of
whatever nature and wherever situated, to the Trustee hereinafter named, and the Trustee shall
divide such residue into two equal shares and distribute one share to GEORGE T. RABER, III
and distribute one share to MARJORIE HILL. In the event that GEORGE T. RABER, III or
MARJORIE HILL predecease me and have living issue, I direct that the share of such deceased
individual be distributed to such deceased individual's living issue, per stirpes. To the extent that
there is a failure of beneficiaries for either share, such share shall be added to other share for
administration and distribution.
FOURTH: Trust Provisions for Certain Beneficiaries:
A. Any income or principal distributable to a beneficiary under the age of
twenty-five or a beneficiary who, in the sole determination of the Executor or Trustee, is
incapacitated, shall be held in a trust fund by the Executor during the administration of my estate
and thereafter by the Trustee. The Executor or Trustee may apply such amounts of the income
and principal otherwise distributable as the Executor or Trustee, in the sole discretion of the
Executor or Trustee, deems proper for the support, health, education and welfare of such
beneficiary, either by direct payment of bills, or by payments to such beneficiary, his or her duly
appointed guardian of the estate or person, or any person (including the parent of a beneficiary
under the age of twenty-five) who has the care or control of such beneficiary, as the Executor or
Trustee selects.
B. The Executor or Trustee shall distribute the balance of principal of any
fund held in trust hereunder to such beneficiary when the beneficiary attains age twenty-five or,
in the sole determination of the Executor or Trustee, is no longer incapacitated, whichever is
147285.1 12/31/08
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later. If such beneficiary dies before attaining age twenty-five or while incapacitated,
distribution shall be made to the estate of the beneficiary.
C. Whenever, in the sole determination of the Executor or Trustee, any fund
held in trust under this Article FOURTH is or has become too small to warrant establishing or
continuing such fund in trust, or its administration is or becomes impractical for any other
reason, the Executor or Trustee, in the Executor or Trustee's sole discretion, may pay such fund,
outright, to the guardian of the estate or person of the beneficiary of such fund, or to any person
(including the parent of a beneficiary under the age of twenty-five) who has the care or control of
such beneficiary. In the case of a beneficiary under the age of twenty-five, the Executor or
Trustee may pay such fund, outright, to a custodian for such beneficiary under the age of twenty-
five under a Uniform Transfers to Minors Act or Uniform Gifts to Minors Act or may deposit
such fund in an interest-bearing account in a financial institution of the Executor or Trustee's
choosing, payable to the beneficiary upon attaining age twenty-five.
D. The Executor or Trustee shall not be obliged to supervise or inquire into
the application of any distributions of income or principal made under this article and the receipt
by a payee designated hereunder shall be a complete release of the Executor or Trustee.
FIFTH: Protective Provision: All principal and income shall, until actual
distribution to the beneficiary, be free of the debts, contracts, alienations and anticipations of any
beneficiary, and shall not be liable to any levy, attachment, execution or sequestration while in
the hands of my Executor or Trustee.
SIXTH: Tax Clause: All estate, inheritance, succession and other death
taxes, imposed or payable by reason of my death, and any penalties thereon, with respect to all
property owned by me at the time of my death and passing under this Will or any Codicil (the
147285.1 12/31/08
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"Taxes"), shall be paid out of the principal of my residuary estate, as if the Taxes were
administration expenses, without apportionment or right of reimbursement. The Taxes shall be
paid at such time or times as my Executor may deem advisable.
SEVENTH: Disinheritance: I have intentionally omitted ELIZABETH ANN
GLANTZ and CAROL THORP from this my Last Will and Testament. It is my desire that
ELIZABETH ANN GLANTZ and CAROL THORP not receive any benefit from my Estate.
EIGHTH: Children and Adopted Persons: For the purposes of this Will,
persons adopted during minority shall be considered as children of their adoptive parents, and
they and their descendants shall be considered as descendants of their adoptive parents.
NINTH: Powers of Executor and Trustee: In addition to the powers given
by law, my Executor and Trustee, and any successors, without any order of court and in the sole
discretion of the Executor and Trustee, may:
a. Retain any real or personal property, as long as deemed advisable.
b. Invest in any real or personal property in accordance with the
prudent investor rule.
c. Subscribe for stocks, bonds or other investments; join in any plan
of lease, mortgage, merger, consolidation, exchange, reorganization, foreclosure or
voting trust and deposit securities thereunder; and generally exercise all the rights of
security holders or employees of any corporation.
d. Register securities in the name of a nominee or in such manner that
title will pass by delivery.
e. Vote securities in person or by proxy, and in such connection
delegate discretionary powers.
£ Repair, alter, improve or lease, for any period of time, any real or
personal property, and give options for leases.
g. Sell at public or private sale, for cash or credit, with or without
security, exchange or partition any real or personal property, and give options for sales or
exchanges.
14728 S. I 12/31 /08
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h. Borrow money from any person, including any fiduciary, and
mortgage or pledge any real or personal property.
i. Disclaim any interest or power granted to me under any instrument
or by operation of law.
j. Employ investment and legal counsel, accountants, brokers and
other specialists, and, whenever there shall be no corporate fiduciary in office, a
corporate custodian, and compensate them and reimburse their expenses out of income or
principal or both (in addition to fiduciary commissions), and delegate to investment
counsel (including an account executive at a securities firm) discretion with respect to the
investment and reinvestment of any or all of the assets held hereunder.
k. Pay administration expenses, including, without limitation, interest
on death taxes ("administration expenses") from principal or income, including income
otherwise payable to charity; provided, however, that no allocation of administration
expenses to income shall be made that would prevent any assets from otherwise
qualifying for the federal estate tax charitable deduction.
1. Use administration expenses as deductions for federal estate tax
purposes or fiduciary income tax purposes or partly for each, without making adjustments
between principal and income in consequence of the exercise of such discretionary
power.
m. File joint income tax returns with my [spouse] and pay a portion of
such tax, and consent to gifts made by my [spouse] and pay a portion of any gift tax
thereon.
n. Compromise claims.
o. Divide any trust hereunder, which division may be made on a non-
pro rata basis, into two or more separate and independent trusts and make any principal
distributions otherwise authorized hereunder from the trusts on a non-pro rata basis.
p. Add to the principal of any trust created hereby any property
received from any person by Deed, Will or in any other manner.
q. At any time merge any trust hereunder with any other trust held by
my Executor and Trustee, whether created by me or by any other person by Will or Deed,
if the terms of the trust are then substantially similar and held for the primary benefit of
the same person or persons.
r. Make distributions without the consent of any beneficiary, in cash
or in specific property, real or personal, or an undivided interest therein, or partly in cash
and partly in such property and do so, except as otherwise specifically provided
elsewhere herein, without regard to the income tax basis of specific property allocated to
any beneficiary (including any trust) and without making pro rata distribution of specific
assets.
147285.1 12/31/08
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s. Allocate basis pursuant to Section 1022 of the Internal Revenue
Code of 1986, as amended, or successor provisions (the "Code"); provided, however, that
such allocation shall be made in a fair and equitable manner among the beneficiaries of
my estate, as my Executor, in my Executor's sole discretion, shall determine.
t. Exercise all power, authority and discretion given hereby, after the
termination of any trust created herein until the same is fully distributed.
My Executor and Trustee may make, but shall not be required to make, any
adjustment of the amount distributed to any beneficiary who would have received a greater or
lesser amount if my Executor and Trustee had made a different or contrary decision in reference
to any of the above matters. I exonerate my Executor and Trustee from any liability arising from
any exercise or failure to exercise these powers, provided the actions (or inactions) of my
Executor and Trustee are taken in good faith.
TENTH: Appointment of Fiduciaries: I appoint GEORGE T. RABER, III
Executor of and Trustee under this Will. Should GEORGE T. RABER, III, for any reason, fail
to qualify or cease to act as such during the administration of my estate or any trust, I appoint
MARJORIE HILL Executor of and Trustee under this Will.
No Executor or Trustee appointed herein shall be required to give bond or furnish
sureties in any jurisdiction. Each successor Executor and Trustee appointed as provided herein
shall have the same duties, powers and discretion as if originally appointed.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3 ~ day of
,~~'~, 2008.
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~t/ / " ~ SEAL)
THEOb IA M. RABER
SIGNED, SEALED, PUBLISHED and DECLARED by the above named
THEODOSIA M. RABER as and for her last Will and Testament, in the presence of us, who, at
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her request, in her presence and in the presence of each other, have hereunto subscribed our
names as witnesses.
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WITNESS
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WITNESS
ADDRESS
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ADDRESS
147285.112/3 ]/08
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C ~~~-F'~, ss
We, THEODOSIA M. RABER, the testator, and k.-~',l; t~ ~~ ~~~~~~~
and t~- ~' 1,~>v ~ . ~~~ ~ ~~ s~-~ ,the witnesses, whose names are 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 her last Will and that she signed willingly, and
that she executed it as her 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 a witness and that
to the best of the witnesses' knowledge the testator was at that time over eighteen years of age, of
sound mind and under no constraint or undue influence.
THEODOSIA M. RABER
Witness
Witness
Subscribed, sworn to and acknowledged before me by THEODOSIA M. RABER,
the testator, and subscribed and sworn to before me by ~~ Vt ~ ~ -~ ~ v~'
and ~..P,1,jS ~ ~, . ~~~n~~eir the witnesses, thi day of ~-~~ , , 2008.
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Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Kathy L. Sitter, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires March 23, 2012
Member, Pennsylvania Association of Notaries
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