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HomeMy WebLinkAbout08-11-09PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of MARIE GRAUPNER ELIAS also known as Deceased COUNTY, PENNSYLVANIA File Number ~~ ' ~~ ~ ~~~ Social Security Number 191-18-3761 r•„y Petitioner(s), who is/are 18 years of age or older, apply(ies) for: c_ ~ ~' ..ca (COMPLETE 'A' or 'B' BELOW.) ' ~ p.. ' - --~ ~ --' T rte..- G-"7 { ._ ©/ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executrix ~ m -named ip ~}~ last Will of the Decedent dated January 12, 2007 and codicil(s) dated August 21, 2008 ~ ~ ~;; C` ~ --r r (State relevant circumstances, e.g., renunciation, death of executor, etc.) ~ Ts ~ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the insttume4~(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~a B. Grant of Letters of Administration (/f applicable, enter: c.t.a.; d. b.n.c.t.a.; pendente life; durante absentia; durante minoritate) 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: (/f Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) (COMPLETE /NALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at Lovalton at Creekview, 1100 Crandon Wav Mechanicsbur¢ PA 17055 (Hampden Township) (List street address, town city, township, county, state, zip code) Decedent, then 92 years of age, died on July 17, 2009 at Harrisburg Hospital, Harrisburg, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (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 Form RW-02 rev. 10.13.06 $ 2,500,000.00 $ 0.00 $ 0.00 $ 0.00 Page 1 of 2 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the Brant of Letters in the annronriare fnrn, rn Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF Cumberland 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 rsonal representativ of the ecedent, Petitioner(s) will well and truly administer the estate according to law. ~ Sworn to or affirmed and subscribed Estate of MARIE GRAUPNER ELIAS _~ .. Deceased ~ . . '; -~ r~ Social Security N ber: 191-18-37 1 Date of Death: July 17, 2009 AND NOW, 7 S.L _~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IS DECREED that Letters Testamentary are hereby granted to Maronetta F. Miller in the above estate and that the instrument(s) dated January 12, 2007 and August described in the Petition be admitted to probate and filed of Letters ............... Short Certificate(s) ....... . Renunciation(s) .........,, ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $ " Form RW-O2 rev. 10.13.06 ~ i ~nnrz Attorney Signature: Supreme Court I.D. No.: 6858 Camp Hill, PA 17011 Telephone: 717-919-8820 Page 2 of 2 Address: 220 North 30th Street OCAL REGISTRAR'S CERTIFICATION OF DEATH ~~'~~ WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 15659324 Certification Number This is to certify that the information here Qiven is correctly copied from an original Certificate of Death duly filed with the as Local Registrar. The original certificate will he forwarded to the State Vital Re(c~o~ds Office for permanent filing. I~ ~ ~•~U~~ ~l~l~~ Local Re~~istrar Date Issued fV n ~ ~1 O Q ' 4 ,,, ~ ~r -~ ~ • ~--r~:. ~ (~ (,~ ~ j m ( l ~ ! )~_ Yt fV ~ - ~;-1 ~ CJi i H1os lu REV It720p8 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS PERMANENT rY~/~~~ CORONER'S CERTIFICATE OF DEATH {IACn M/n S y~ 2i `---.••-••--..~..~-.... o..~. 1. Nun d DecedrY (Farr, m07e, br, sdfix) v.p.,or vvt tervm 2. BY s wr aoac nee rwr 3. SatSr S.cuYl' µ^^0^t Yen {. Deb d DeeW tNO1MS a^M Y^r) Marie Grau ner Elias Female 191 - 18 - 3761 July 17, 2009 8. Ape ILer BireiYYy) l4rr 1 IMOr t m {. Dre d BYO, (Wn1A, 7. rr erle r M. PbP d Oee{, Chen ar 1rr. 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Net rr Atlaw d Pram w1n GarrYrtl Crr d Deetl, Ies m x7) Type / Ptee y,, ~, e ~ ~ v v - I a ~J , a , ~, ~ 3e.0i1i 3i°~''°ij''r.rt ~ Lisa A. PoltelAer 1271 South 28th Street ~ LL ~ .ZOV t Harrlsbur , PA 17111 w•w.N~.r~m .w. u _~ a a .rv v v~~s~~ LAST WILL AND TESTAMENT c~ O `~ OF ~ `° ~ ~ ~, ;~'n c ,;_,. r-- MARIE GRAUPNER ELIAS - . -~''-n -~- ' _-~ ~ _r ...... _ ,~ ~~ _ ~-~~ C_) C~~ 't7 I, MARIE GRAUPNER ELIAS, of Dauphin County, Pennsylvania,~~eclare thi5nto be my Will and revoke all prior Wills. FIRST: Specific Bequest of Specific Items of Personal Effects: I make the following bequests: A. I give to ROBERT R. LONG, of Harrisburg, Pennsylvania, my diamond solitaire ring given to my father by our Grandmother Graupner, being in weight approximately one karat, if he survives me; B. I give to VIVIAN ENDERS (Mrs. Robert Enders), of Harrisburg, Pennsylvania, my diamond dinner ring composed of one center diamond surrounded by eight stones and my gold necklace made up of one dangling diamond, three smaller stones and baguettes, if she survives me; C. I give to DOROTHY SMITH (Mrs. Oliver Smith), of Wyomissing, Pennsylvania, my gold circle pin set with diamonds, made from stones which belonged to our Grandmother Heberle, if she survives me. SECOND: Pecuniary Bequests: I make the following bequests: A. I give to the GRAUPNER-LONG MAUSOLEUM MAINTENANCE FUND, a Partnership, the sum of Ten Thousand Dollars ($10,000.00); B. I give to ARTHUR LONG the sum of Twenty-five Thousand Dollars ($25,000.00), if he survives me; 10343 S. l C. I give to ROBERT R. LONG the sum of Fifty Thousand Dollars ($50,000.00), if he survives me; and D. I give to VIVIAN ENDERS (Mrs. Robert Enders) the sum of Fifty Thousand Dollars ($50,000.00), if she survives me. THIRD: Residue: I give, devise and bequeath all of the residue of my estate, of whatever nature and wherever situated (including lapsed legacies and devises), as follows: 1. One share equal to thirty-five percent (35%) of such residue to ZION LUTHERAN CHURCH, of Harrisburg, Pennsylvania, in memory of my beloved husband, David A. Elias, Jr. and Marie Graupner Elias and my parents, Mr. and Mrs. William R. Graupner; 2. One share equal to ten percent (10%) of such residue to ST. MICHAEL'S EVANGELICAL LUTHERAN CHURCH, of Harrisburg, Pennsylvania, in memory of my beloved husband, David A. Elias, Jr. and Marie Graupner Elias and my parents, Mr. and Mrs. William R. Graupner; 3. One share equal to ten percent (10%) of such residue to THE HARRISBURG ACADEMY, of Wormleysburg, Pennsylvania, in memory of my beloved husband, David A. Elias, Jr. and Marie Graupner Elias; 4. One share equal to five percent (5%) of such residue to THE TRI-COUNTY ASSOCIATION FOR THE BLIND, of Harrisburg, Pennsylvania, in memory of my beloved husband, David A. Elias, Jr. and Marie Graupner Elias; 5. One share equal to five percent (5%) of such residue to THE (PINE STREET) PRESBYTERIAN CHURCH OF HARRISBURG for DOWNTOWN DAILY BREAD, of Harrisburg, Pennsylvania, in memory of my beloved husband, David A. Elias, Jr., and Marie Graupner Elias; and 103435.1 -2- 6. In the event that any organization that is a beneficiary under subparagraph 1, 2, 3, and 4 is not then an organization described in sections 170(c), 2055(a) and 2522(a) of the Code at my death or is not in existence at my death, then such share shall be added to the share in this subparagraph 6 and distributed as provided herein. All the rest, residue, and remainder of any undistributed portion of my estate shall be distributed to one or more organizations described in Sections 170(c), 2055(a) and 2522(a) of the Internal Revenue Code as the Trustees, in the Trustees' sole discretion, shall select, in memory of my beloved husband, David A. Elias, Jr. and Marie Graupner Elias. FOURTH: Disability Provision: If any beneficiary shall, in the sole opinion of the Trustee, become mentally or physically incapacitated, the Trustee may apply the share to which such beneficiary is otherwise entitled hereunder for such beneficiary's support, health and welfare, directly, without the intervention of a guardian. 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 "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. 103435.1 -3- SEVENTH: 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: investor rule. 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 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. h. Borrow money from any person, including any fiduciary, and mortgage or pledge any real or personal property. by operation of law. Disclaim any interest or power granted to me under any instrument or 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. 103435.1 -4- 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. Compromise claims. n. 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. o. Add to the principal of any trust created hereby any property received from any person by Deed, Will or in any other manner. p. 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. q. 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. r. 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. s. 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 or 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 or Trustee are taken in good faith. EIGHTH: Appointment of Fiduciaries: I appoint DONN L. SNYDER and MARONETTA MILLER, and the survivor of them, Co-Executors of and Co-Trustees under this Will. No Executor or Trustee appointed herein shall be required to give bond or furnish sureties in 103435.1 -5- any jurisdiction. Whenever the word "Executor" or the word "Trustee" is used in this Will, the word shall include both the singular and plural, unless the context indicates otherwise. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of ~ h , , 2007. OSU~ b,~i c~~,,-i ~° ~, c,,~ (SEAL) MARIE GRA ER LIAS SIGNED, SEALED, PUBLISHED and DECLARED by the above named MARIE GRAUPNER ELIAS as and for her last Will and Testament, in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. ~_ /~-~--- lam- WITNES WITNESS ADDRESS ADDRESS 10343 5. I -6- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss We, MARIE GRAUPNER ELIAS, the testator, and and ~~2 ~ A,~, ~rhe ,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. C~~AC... O.~ M W, ~ MA E GRAD ER IAS Witness Witness Subscribed, sworn to and acknowledged before me by MARIE GRAUPNER ELIAS, the testator, and subscribed and sworn to before me by ~P I/fI1 ~. ~~C i.~rtfi ~--~, and L~ (~~ ~,~ . ~~h~ ,the witnesses, this ~y ctay of ~~n~~i~, 2007. ~'. Notary Pub c ~U;/MUNWEALTH OF PENi~i'~~Yi ~J;',F•liA. __-- Notarial Seal Kathy L. Biller, Notary ~, . ,,,: City Of Harrisburg, Dauph ~- . nursly My Commission E~ires n,'. .1708 Member. Pennsylvania Assnriz,+ ~ ^antaries 4_ i~~- 103435.1 -7- ~~. ~S~ FIRST CODICIL TO LAST WILL ~ AND TESTAMENT ~ ~ ~ : ~ ~ ~ ~Ty f-' _ '~ r: I -; c7~~ -~ LJ 'z T -r~ c- . ~ - MARIE GRAUPNER ELIAS `-'~ . - -- ~ r c.n cn I, MARIE GRAUPNER ELIAS, of Dauphin County, Pennsylvania declare this to be my first Codicil to my Will dated January 12, 2007. FIRST: I hereby revoke SUBPARAGRAPH A OF ARTICLE FIRST of my Will in its entirety and in lieu thereof substitute the following: "A. I give to VIVIAN ENDERS my diamond solitaire ring given to my father by our Grandmother Graupner, being in weight approximately one karat, if she survives me." SECOND: I hereby revoke SUBPARAGRAPH C OF ARTICLE SECOND of my Will in its entirety and in lieu thereof substitute the following: "B. I give to ELMER MAGARO the sum of Twenty Thousand Dollars ($20,000) if he survives me." THIRD: I hereby revoke SUBPARAGRAPH 4 OF ARTICLE THIRD of my Will in its entirety and in lieu thereof substitute the following: "4. One share equal to two and one half percent (2.5%) of such residue to THE TRI-COUNTY ASSOCIATION FOR THE BLIND, of Harrisburg, Pennsylvania in memory of my beloved husband, David A. Elias, Jr. and Marie Graupner Elias;" FOURTH: In all other respects I ratify, confirm and republish my Will dated November 16, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~l day of ~~ ,~ ~ , 2008. ._ ~ ~ ~ M~J1 ~U ~~ (SEAL) MARIE GRAU NER IAS SIGNED, SEALED, PUBLISHED AND DECLARED by the above named MARIE GRAUPNER ELIAS, the testator, as and for a Codicil to her last Will dated January 12, 2007, in the presence of us who, at the testator's request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. ~,~-~ ~. ~. b$ ~-~,~s~~..~, P~ WITNESS ADDRESS WITNESS ADDRESS 2 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF ~~~~~~. We, MARIE GRAUPNER ELIAS, the testator, and ~~cQ.e_,4~ ~-- and ~~am ~' ~ ~ `~` 1~~. ~ ~(e witnesses, whose names are signed to the foregoing instrument, being first duly sworn, d% hereby declare to the undersigned authority that MARIE GRAUPNER ELIAS, the testator, signed and executed the instrument as and for a Codicil to her last Will dated January 12, 2007, and that the testator 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 Codicil 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. 1.:~. ~ a~ M l'1~1 ~ ~ c~ M A RIE GRA PNER LIAS B / W' ess Witness Subscribed, sworn to and acknowledged before me by MARIE GRAUPNER ELIAS, the testator, and subscribed and sworn to before me by `~"~~~!>r~ ~--~~~~ and ~,~,~ ~ ~~~d~~/,l ,the witnesses, this~~day of ~. , 2008. C~ G` c __ ~~~` Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kathy L. Sitler, Notary Public City of Harrisburg, Dauphin County My Commission Expires March 23, 2012 Member, Pennsvivania Association of Notaries ~~ 75a RENUNCIATION REGISTER OF WILLS Cumberland ` (C~OU~NTY, PENNS LVANIA t..~ f--~ ~o - ~ ~:~ ~. - ~ ~~ . ~ ~ .,. ~ , ,~ - _ i C.~ " - - ~7 ~ - cn cn Estate of MARIE GRAUPNER ELIAS Deceased I, Donn L. Snyder , in my capacity/relationship as (Print Name) named Co-Executor of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Maronetta F. Miller August 11, 2009 (Date) Executed in Register's Office Sworn to or affirmed and subscribed before this `/°`'f" d of l~Ci/.~ n`~' l~~ ~~ ~~ Deputy of Wills 1~ ~ ~-(J (signature) 220 North 30th Street (Street Address) Camp Hill, PA 17011 (City, State, Zip) Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this day of , Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) Form RW-06 rev. 10.13.06