HomeMy WebLinkAbout06-08-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
Estate of Frances D. Everhart
also known as Frances D. Hassinger
Deceased
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
COUNTY, PENNSYLVANIA
File Number ~ ~ - ~~ ' ~5
Social Security Number 199-OS-9325
m A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor
last Will of the Decedent dated March 31, 2009 and codicil(s) dated N/A
(State relevant circumstances, e.g., renunciation, death of executor, etc.)
named in the
Except as follows, Decedent did not many, 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: N/A
B. Grant of Letters of Administration
(If applicable, enter: c. t. a.; d.b.n.c.t.a.; pendente life; durance absentia; durance minoritaleJ
Petitioner(s) after a proper search 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.)
Decedent, then 93 years of age, died on May 14, 2009 at Bethany Village, Mechanicsburg, Lower Allen Township,
Cumberland County, PA 17055
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 15,000.00
(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: 1417 Brandton Road, Lower Allen Township, Cumberland County, PA ~O 3 t~~
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:
Si nature T ed or rinted name and residence
y n ~~S~ y//~ ~/ Wachovia Bank, N.A., 100 North Queen Street, Lancaster, PA 17603
Form RW-02 rev. 10.13.06 Page 1 of 2
(COMPLETE INALL CASES:) Attach additional sheets if necessary. ` -~ ~- _ ``: _
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last princip~ residence ~•
S
1417 Brandton Road, Mechanicsburg, Lower Allen Townshia. Cumberland County, PA 17055
(List street address, town city, township, county, state, zip code)
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
SS
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
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before me the ~ day' of
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Signature of Personal Representative ~ 7 ~? ~- r ~ ' ._~
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For the Register Signature of Personal Representative e' - ~-~ =~~
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File Number: Z ~ " ~ '~ ~ 2`~ T
Estate of Frances D. Everhart ,Deceased
Social Security Number: 199-OS-9325 Date of Death: May 14, 2009
AND NOW ~ , ~, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Wachovia Bank, N.A.
in the above estate
and that the instrument(s) dated March 31, 2009
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters $ 3~u ,~,~
1 Regist wills
Short Certificate(s) ........ $
(0 .~ Attorney Signature:
Renunciation(s) .......... $
I Ll. ...
$ ~~j • Qt] Attorney Name: Elyse E. R gers
-~~ • • • $ ly • ~' Supreme Court LD. No.: 41274
Address: Keefer Wood Allen & Rahal, LLP
... $
... $ 635 North 12th Street, Suite 400
... $
$ Lemoyne, PA 17043
~•~ $ Telephone: 717-612-5801
... $
TOTAL .............. $~z,,Slo •OU~
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of
Form RW-02 rev. 10.13.06 Page 2 of 2
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FRANCES D. EVERHART ~''''
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I, FRANCES D. EVERHART, of Lower Allen Township, Cumberlar~
County, Pennsylvania, do make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Family Information. I am married to
WILSON C. EVERHART, and all references to my husband in this Will are to him.
I am intentionally limiting provisions for his benefit in this Will in accordance with
the provisions of our Pre-Martial Agreement. I have two children: BRUCE
ANDREW HASSINGER and LUCY TRUMBULL HASSINGER. These are
described in this Will as "my children," or as "a child of mine." Any person born to
or adopted by issue of mine is to be included as issue of mine. Provided, however,
no adopted person shall benefit under this Will unless the order or decree of
adoption is entered before the adopted person attains the age of twenty-one (21)
years.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death, whether payable by my
estate or by any recipient of any property, shall be paid by the Executor out of the
residue of my estate, as an expense and cost of administration of my estate, except
that no taxes shall be charged against any gift qualifying for the marital or
charitable deduction in 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 passing under this Will.
ITEM III: Debts and Final Expenses. I direct the
Executor to pay the expenses of my last illness, my legally enforceable debts, and
my funeral expenses from the residue of my estate as an expense and cost of
administration of my estate.
~_
Page 1 ~
ITEM IV: Non-Exercise of Power of Appointment. I
specifically decline to exercise any Power of Appointment which I hold.
ITEM V: Cash Gifts to Family and Charity. I
make the following cash gifts:
(a) To Husband. To my husband, WILSON C. EVERHART,
the sum of TEN THOUSAND ($10,000) DOLLARS. If he does not
survive, this gift shall lapse.
(b) To Children. To each of my children, BRUCE ANDREW
HASSINGER and LUCY TRUMBULL HASSINGER, the sum of TEN
THOUSAND ($10,000) DOLLARS.
(c) To Grandsons. To each of my grandsons, JESSE
HASSINGER and SHANNON HASSINGER, the sum of TEN
THOUSAND ($10,000) DOLLARS.
(d) To Granddaughter. To my granddaughter, KATIE
HASSINGER, the sum of THIRTY THOUSAND ($30,000) DOLLARS
(this larger gift taking into account the needs of my great-
grandchildren as well as my granddaughter).
(e) To Stepchildren. To each of my stepchildren, JANE E.
MURRAY, WILSON C. EVERHART, JR., and MARGARET
EVERHART, the sum of FIVE THOUSAND ($5,000) DOLLARS.
(f) To Vassar College. To VASSAR COLLEGE, Poughkeepsie,
New York, through the Class of 1938, but without restriction as to use,
the sum of TEN THOUSAND ($10,000) DOLLARS; and
(g) Pine Street Presbyterian Church. To THE PRESBYTERIAN
CHURCH OF HARRISBURG (PINE STREET PRESBYTERIAN
CHURCH), Harrisburg, Pennsylvania, without restriction as to use,
the sum of TEN THOUSAND ($10,000) DOLLARS.
Page 2
However, the aggregate of these gifts shall not exceed ten (10%) percent of my
adjusted gross estate as it would be determined for federal estate tax purposes, and
to the extent that the aggregate of these gifts exceeds that amount, each gift shall
be proportionately reduced. It is my express wish that my Executor pay these gifts
as soon as feasible after my death.
ITEM VI: Tangible Personal Property.
(a) Written List. I may leave a written list in my safe deposit
box or elsewhere disposing of certain items of my tangible personal
property. The Executor shall dispose of items of my personal property
as specified in the written list. If no written list is found in my safe
deposit box or elsewhere and properly identified by the Executor
within thirty (30) days after the probate of my Will, it shall be
presumed that there is no other statement or list. Any subsequently
discovered list shall be ignored.
(b) To Children. I give 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 which is not set forth
in a written list to my children, to be divided between them as they
shall agree. Should there be no agreement, this property shall be
divided between my children by the Executor in as nearly equal
portions as is deemed practical in the discretion of the Executor,
having due regard to their personal preferences.
ITEM VII: Residue. I give the residue of my estate,
not disposed of in the preceding portions of this Will, to the then acting Trustee(s) of
the FRANCES D. EVERHART REVOCABLE TRUST, as Trustee(s), IN TRUST, to
be administered and distributed in accordance with the terms of an Amended and
Restated Agreement of Trust executed by me and WACHOVIA BANK, NATIONAL
ASSOCIATION, as Trustees, and by me as Grantor on the 8`h day of August, 2007.
I confirm and ratify this Amended and Restated Agreement of Trust, as it may be
further amended by me from time to time, in every respect.
Page 3
ITEM VIII: Administrative Powers. In addition to
the powers granted at law, the Executor shall possess the following powers, each of
which shall be construed broadly and may be exercised without court approval, but
in a fiduciary capacity only:
(a) Retain Investments. To retain any investments I have at
my death, including specifically those consisting of stock of any bank
even if I have named that bank as the Executor.
(b) Vary Investments. To vary investments and to invest in
bonds, stocks, notes, real estate mortgages or other securities or in
other property, real or personal, without being restricted to so-called
"legal investments", and without being limited by any statute or rule of
law regarding investments by fiduciaries.
(c) Division of Assets. In order to divide the principal of my
estate or make distributions, the Executor is authorized to distribute
personal property and real property partly or wholly in kind, and to
allocate specific assets among beneficiaries so long as the total market
value of each share is not affected by the division, distribution or
allocation in kind. The Executor is authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including
giving of mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) Sell Assets. To sell either at public or private sale any or
all real or personal property severally or in conjunction with other
persons, and to consummate sale(s) by deed(s) or other instrument(s)
to the purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale. The Executor is authorized to
make, execute, acknowledge and deliver deeds, assignments, options or
other writings as necessary or convenient to carry out the powers
conferred upon the Executor.
Page 4
(e) Encumber Real Estate. To mortgage real estate, and to
make leases of real estate.
(f) Borrow Money. To borrow money from any person,
including the Executor, 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.
(g) Pay Costs. To pay all costs, taxes, expenses and charges
in connection with the administration of my estate.
(h) Distributions without Court Order. To make
distributions of income and of principal to the proper beneficiaries,
during the administration of my estate, with or without court order, in
such manner and in such amounts as my Executor deems prudent and
appropriate.
(i) Riahts as Stockholder. To exercise voting rights with
respect to securities which form a part of my estate, and to exercise all
the powers incident to the ownership of securities.
(j) Reor ag nize. To unite with other owners of property
similar to property in my estate to carry out any plans for the
reorganization of any company whose securities form a part of my
estate.
(k) Disclaim. 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 athird-party beneficiary contract.
Page 5 - ~' ~
(1) Tax Returns. To prepare, execute and file tax returns of
any type required by applicable law, and to make all tax elections
authorized by law.
(m) Allocate Expenses. To allocate administrative expenses
to income or to principal, as the Executor deems appropriate.
However, no allocation to income shall be made if the effect of the
allocation is to cause a reduction in the amount of any estate tax
marital deduction or estate tax charitable deduction.
(n) Employ Advisors. To employ custodians of property,
investment or business advisors, accountants and attorneys as the
Executor deems appropriate, and to compensate these persons from
assets of my estate, without affecting the compensation to which the
Executor is entitled.
(o) Basis Adjustment. To make any adjustment to basis
authorized by law, including, but not limited to increasing the basis of
any property included in my estate, whether or not passing under this
Will, by allocating any amount by which the bases of assets may be
increased. The Executor shall be under no duty and shall not be
required to allocate basis increase exclusively, primarily, or at all to
assets which pass as part of my probate estate as opposed to other
property for which a basis adjustment is allowable. The Executor shall
allocate basis increase equitably among those beneficiaries receiving
property as a result of my death, but shall not be liable to any person,
nor subject to removal or surcharge, for any reasonable allocation of
basis increase.
(p) Compromise Claims. To compromise claims.
(q) Other Acts. To do all other acts in the Executor's
judgment deemed necessary or desirable for the proper and
advantageous management, investment and distribution of the estate.
Page 6 ~ ~ ~
ITEM IX: Simultaneous Death. Any person who
has died within thirty (30) days of my death, or under such circumstances that the
order of our deaths cannot be established by proof, shall be deemed to have
predeceased me.
ITEM X:
with respect to Executors:
Executor. I make the following provisions
(a) Initial Executor. I appoint WACHOVIA BANK,
NATIONAL ASSOCIATION, to be the Executor.
(b) Compensation. The Executor shall have the right to
receive reasonable compensation for services rendered and
reimbursement for reasonable expenses.
(c) Securitv. The Executor is specifically relieved from the
duty of filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding six (6) pages, at the
end of each page of which I have also set my initials for greater security and better
identification this ~ - day of ~~ c ~ , 20 nl .
_.~~.cLZCC~~, ~ . ~a3,c.~ (SEAL)
FRANCES D. EVERHART
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 his 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 at the time of the execution
thereof, the said Testatrix was of sound
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and disposing mind and memory.
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF )
I, FRANCES D. EVERHART, 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.
~iuurt~.s ~ C'vc~.~irdz,,'' (SEAL)
FRANCES D. EVERHART
Sworn to and subscribed before
me this ~ ,d~day of
1!~,l.c~.c~R--- , 20 Og .
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Notary blic
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
CYNTHIA J. RULE, Notary Public
Lemoyne 8oro., Cu,.iberland County
MY Commission Expires February 3, 2012
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF ~ s~ )
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We, ~ - /`~v and , ~ ~ . ~~ r
the Witnesses whose names are signed to the attached or for going instrument
being duly qualified according to law, do depose and say that we were present and
saw Testatrix, FRANCES D. EVERHART, 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.
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Witness Witn
Sworn to and subscribed before
me this 31 ~ day of
{~til Q~.,c..K.._ , 20~.
Notary P blic
My Commission Expires:
(SEAL)
CpMMONyyEALTH OF PENNSYLVANIA
NOTARIAL SEAL
CYNTHIA J. RULE, Notary Public
iemoyne Boro., Cu: iberland Count
Canmission Expires February 3, 2 12
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