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HomeMy WebLinkAbout06-22-09 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of William M. Ewing Fle Number 21-09- ~~Jg 3 also known as ecease Social Security 17420-7927 Petitioner(s) who is/are 18 years of age or older, apply(ies) for: [X] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in the last wll of the Decedent dated March 27, 2009 and codicil(s) dated. N/A state re evenat ctrcumstances, e.g. renunctatton, eat o executor, etc. Except as follows, Decedent did not marry, 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: No Exeeptions [ ] B. Grant of letters of Administration (If applicable enter: c.t.a.; ..n.c.t.a.; en ente ate; urante a senna; urante manoratate 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 ill in Section A above and complete list of heirs.) Decedent then 82 years of age died on 6/6/09 at Chapel Pointe', Carlisle, PA Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) 1~000~000.00 (If not domiciled in Pa.) (If not domiciled in Pa.) Value of real estate in Pennsylvania situated as follows: 1218 Biddle Drive, Carlisle , 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 undersiened: 17015 .~. L- i.~._, J ~ c? s~ C:': _ N . ~ ~. F_t.:~ ~ } > U'j N ,_7 ~ ` 'r1 ~~ '*~'- ~ , = ~'f Q °- .. Page 1 of 2 COMPLETE INALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at 1218 Biddle Drive, Carlisle, Pennsylvania 17015 (South Middleton Townshinl OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corn 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 before me this a,a- ~ ~ June ,2009 For the Register File Number: ~-1- ~ 9 - D~ g3 oan L. Ewing ,,,,, .~ -r~ Estate of William M. Ewing , Deceased;` Social Security Number: 174-20-7927 Date of Death G ... _, S.i~l i F'I Z Cl; N f~ v"'% N _x~ 4~3 ~ ~ ~ ~' ~-~; o _,r~ ; _, 6/6/09 AND NOW '~~ , 20~in consideration of the Petition, satisfactory proof having been presented before e, IT IS DECREED that Letters Testamentary are hereby granted to Joan L. Ewing in the above and that the instrument(s) dated March 27, 2009 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent) FEES Signature Attorney Name Letters _ Short Certificates Sup. Ct. I.D. No Ren ~~~ation U~' Address: Telephone: TOTAL... Q'. ..---- Robert G. Frey 46397 5 South Hanover Street Carlisle, Pennsylvania 17413 (717) 243-5838 Page 2 of 2 105.905 REV.l3/091 .. _ ~.P..- `/ / ©V` ~.. } ~~y~f /l~/} a r This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with the Vital Statistics Law of 1953, as amended. WARNING: It is illegal to duplicate. this copy by photostat or photograph. ~OH105.1a3 qEY 17/MOa TYPE / PRM Ni PEgMANEHr euc3c twc 4 5033888 No. Cad rtJ !.t • (~ix.~,F'ia_. Linda A. Caniglia State Registrar ,lUN 152009 . COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS Date CERTIFICATE OF DEATH (Soe instrudion~ and sxamplrs on rnnrsy M•~ n, ~ ,,,,,,ems 1. Hama a ooaw IP.r. Maas, w6 auAhl z. sw 3. Soar SaaanN Hunber a. Dau a [rww (rrF, dry. ywr) ,) ~ m ~Lv ~ ~ Male 174 - 20 -7927 June 6, 2009 a.ro.llaat eAneyt iirasr A Ilraar t e. Ow d cwonm, r aM arra « cou w. Plra a Daaw coat ar rear. or. rqn tore Hwpw: gArr. 82 Yn S 3, 1926 Carlisle, PA ^InPwwt ^ER/oup.Aw ^WA ~aunipHOrw ^Fwawa ^dnw.sP.ary w. Ca.y a own ac. coy, Bwo, rwa a os.m ea ~h Hrr (A na awwAan, On• aoar ~ rvarbaq A. wr oaowar a Hiapwb origna H• vw ,o. ww: Nwdnn inert, epck xnw, at. Cut:lberland Carlisle Horo. lnyw, ro.dNCarn. lsn•dnf Cha 1 Pointe Health Center ""~n• "~"^ ~•^~ •~) White tt. oeurnn thwl A ir d w ak ear ncr a re. Oo na wr Mina 12. Yha Uawaar aver in M 13.OSCarn's Eduntlon IBPaN aM' yrada mrgNbtp f a. AAarlhl9ntw: Mrried, lYwr harried, 15. Survivkp Spout In wna, piva maitlan nrw) ~ _ - Y KYr a Wa,k ~.~YVllCl. Nit a Buhr / 4ruYy U.S. Mnsa Fpcwi Ebmaary / S•oaridsry (U12) CoAapa (1J M 6,) YYbOrad' Drarwtl IAN Ftu>,eral Director Brothers F. H. ~• ^~ 1 W' 1s o.a.a.A„ waAiz Aea.aa (8asr. wr/ toaa, rna, aP oar) °ipdwiY °~ a~n ~ PA ~ 1218 Biddle Drive . ws b w nw a.rc. n. srw ~ 1rc. ^ rr. oaarn uwd ~t ~ r ~ r Carlisle, PA 17013 tya~HO, oecwrA Uxa WAtln ON p „A. o,,,,n Cim)herlaud Carlisle ,,a,wly„pa coy! Bon 10. FaMra Nama IAint. naaw. Yr4 arAAq - 18. MoarrY Narw (FlM, natlaa, maroro aumrwt Williae;l3 Jo Elwin Jesse Pearl Morrison zoa. AarnrA7 Hama Irma / vriA) zm AdarwrCa uawp~delaaa (Saar. d9' / bm, .w, rp aaNl , Joan L. 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Hrw aM Adtrn, d Perron Vdu caapara d Dark pH m 2/) type r Pnnr ~ La I L I al I n I 3a PAalAbmm,wAwart 6G n,J. c J • ~n~twn~ ~^ -ro p n 1 - ^ ~ v A. y ~ w ~~ o is e ~ N ~,~,., ~~ Dlepawbn P.mal No. oJ~1~~9 f~ ~© .a ,.; 7 -~~~ L f 'i t F _ } 7 tTi --r _ ~ F +7-„ ~ .~?~ ~. ~ C..+ ~ . i ~ rx aCi~~ N :j - ~ - O a~ ~-~s~a :,>~~j C. .T7 _ ~~ ~ N LAST WILL AND TESTAMENT `~-° `' x' -v ~va:~ OF `~cJ~ i WILLIAM M. EWING~jc, N O I, WILLIAM M. EWING, widower, of 1218 Biddle Drive in the Borough of Car 'isle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and for my Last Will and Testament hereby revoking and making void any and all Wills by me at any time heretofore made. 1. I direct my hereinafter named Executor or Executors to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. 2. I direct that all inheritance, transfer, succession, estate and death taxes which may be payable on account of my death, including interest and penalties thereon, shall be paid from the residue of my estate regardless of whether the assets upon which such taxes are based ~~re included in my probate estate. 3. I give, devise and bequeath to St. John's Episcopal Church located on the public square in Carlisle, Pennsylvania, and its successors, the sum of $25,000 to be added to its endowment fund and the income from said addition to be used only for the maintenance of the church buildings. 4. I give, devise and bequeath to Manufacturers and Traders Trust Company., One West High Street, Carlisle, Pennsylvania, and its successors and assigns, in trust, the sum of $20,000 to be added to the endowment fund held by it for the maintenance of Ashland Cemetery in Carlisle, Pennsylvania, the income from this bequest to be used for the care and maintenance oi' the Ewing lots in Ashland Cemetery and for the repair and maintenance of the monuments thereon erected, and any income not required for those purposes shall be used for the care and maintenance of the cemetery generally and including the repair and maintenance of monuments erected on the various graves therein. If more than one endowment fund is held by Manufacturers and Traders Trust Company for the maintenance of Ashland Cemetery in Carlisle, Pennsylvania, I direct that this bequest be added to the fund which is invested approximately one half in fixed income securities and approximately one half in equities, so that there is a reasonable prospect that the corpus of said fund may grow and at least partially maintain the purchasing power of the income generated from it. 5. I give and bequeath all of my household goods, articles of personal use and adornment, all vehicles which I may own at the time of my death, and all tangible personal property generally, to my sister-in-law JOAN L. EWING. 6. I give and bequeath any and all interest that I may own in Dugan-Ewing Funeral Home, Inc. to my nephew's wife, JANE B. EWING. 7. All of the rest, residue and remainder of my estate, real, personal and .mixed, and wheresoever the same may be situate, I give, devise and bequeath to my nephews, Robert L. Ewing and Steven A. Ewing, but should either of them predecease me, that share he would have otherwise received shall pass to his issue, per stirpes, and if there be no such issue, said share shall lapse and be added to the remaining share. 8. Should anyone be entitled to a distribution from this my last will and testanient who is less than 35 years of age, the share that he or she would have otherwise received shall be paid to my hereinafter named executor in trust on the following terms: a. The net income from his or her trust shall be paid to him or her in quarterly or other convenient installments; b. As much of the principal of his or her trust as my trustee may from time to time think desirable -taking into account funds available from other sources for the welfare, comfort, health, education or other needs of that child or any of his or her descendants either shall be paid to or for the benefit of that person for any of those purposes. In my trustee's discretion, any of the payments may be treated as advancements under the next paragraph; and c. The beneficiary shall have the cumulative right to withdraw up to one-fourth of the principal of his or her trust at any time after reaching 25 years of age, up to one-third of the balance at any time after reaching 30 years of age, up to one-half of the balance at any time after reaching 35 years of age and the entire balance at any time after reaching 40 years of age (the maximum portion subject to withdrawal before a child reaches 40 years of age to be ~ '~ 4 f _ '} '4. ~;,,~: ;~ nz t r'i ~:°s =;~3 r.,•_ a ~' .~-s U~.~, ~ , .. ,, based on the market value of the principal of that child's trust at the time of his or her fast request after reaching each particular age). 9. I hereby nominate, constitute and appoint my sister-in-law, Joan L. Ewing, as Executrix of this my Last Will and Testament, but should she predecease me or fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint my brother's two sons who Steven A. Ewing and Robert L. Ewing, as alternate or successor Executors, and I further direct that none of them shall be required to post any bond to secure the faithful performance of his duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 10. In addition to the powers conferred by law my hereinbefore named Executors and Trustees and their successors are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution thereof. i. And authorized. to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the time of . v. my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized', capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as prXncipal to be retained as part of the corpus, and such designation need not be consistent from',. one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on three (3) pages, this ~~ ~'^ day of March , 2009. William M. Ewing ) Signed, sealed, published, and declared by WII.LIAM M. EWING, the Testator above named, as and for his Last Will and Testament, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. ~~ v ~_ OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of William M. Ewing ,Deceased Robert G. Frey , (each) a subsribing witness to the [x] Will [ ]Codicil presented herewith, (each) being duly qualified according to law, depose(s) ; say(s) that she / he /they was /were present and saw the above Testator / Tesatrix sign the same and that she / he /they signed as a witness at the request of the stator /Testatrix in her /his presence and in the presence of each other. (Signature) Robert G. Frey (Signature) 5 South Hanover Str (Street Address) (Street Address) Carlisle, PA 17013 (City, State, Zip) (City, State, Zip) Executed in Register's Office Sworn to or affirmed end subscribed bef a me this nit day of , 20Qg_ eputy or Register o ills Executed out of Register's Office Sworn to or affirmed and subscribed before me this day of , 20 Notary Public My Commission Expirees: (Signature and Seal of Notary or other offical qualified to administer oaths. Show date of expiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarisation. ~,~ :~ ~ tom"' ~~O C) N c;a .,~ .o ~. i L r.,..... ~ ,._1 N r-~~ C''• ~.~ ~~ " N V ~ '„ ra o ~ .~ ' ~ oATx of sv~scx~nvG vvrr~ESS(ES~ ~ . ~ ~,A~ :, . 4' I~~sTI~ of wn~.s ,~ , ~.~ '~ ~ N _ ~ ~~' " . ,. cal~l~u.alv~ cour~TY,>~lvlvsnvAlvi~- ~ f,~ ~ ~ N ~ Y t t t _ _.~ t:~ ~~ ~ Estate of Wil~m M. Ew®g ~, ~ ~ .._ .~ d s 1 Avid E. Poa~t , (each) s subsribing witness to the [x}will [ ]Codicil pted heaewith, (each}being duly qualified ~ to law, ~depose(s} say(s) that she / he /they was !were present and saw the above Testator / Tesatrix sign thle same and tl~ she / he !they signed as a witness at the ret;uest of the Testat~x / T in hea !his presence and in the prase of each other. ig~tatrrr+e 57~~. N~s~~~Ja- (Street ss) (Street ass) ~~,~ (City, Barite, Zip) (City, fate, ) w Reamer's O, Sworn to or affirmed and subscribed befonc me this day of , 20 Eaus~c~raai t~ ~ f lts~tr~s ll~~ct Sworn to or affirmed and subscribed before me this 1 alp'` y of '~L~~ Q - , ~ Q My Ccaaamissioru F.apincs: (s* a~a seal o[ rtaary ~ otlbr ot&Cal ~ adminisoer oaths. Shorn cbwe of expitaticm of Notary's Caonnission.) MOiE: To be taNea by tlflic~ atdhoifzed b oaths. Please hart prcsmt the origt~ or copy of instruma~t(s) at tine of nob~ioR. pIM~A D. W1ll., ~ ~' Mortl~ Mid~ebx-'1wP•~It My Commission Expires