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HomeMy WebLinkAbout08-07-09PETITION FOR. PROBATE A1` ~D GR..~NT OF LETTER, REGISTER OF WILLS OF COU~iT~c', PE~`~S~'L~'A~IA Estate of ~-#-~G "'~`' ~ ~~~~~ t File Number ~~~ ~ ` also known as r ~) ~~~~~ ,Deceased Socia? Security Number !~ Petitioner(s), who is/are 1 S years of age or older, apply(ies) for: (C0a~1PLETE 'A' or 'B' B.EL06Y:) t et e a t ve that etit'o er a the ~~%~r~-r ~/ ~rtG ~~ named in the ~A. Probate and Gran of L t s Tes men ary and a r P r n (s) rs / ar last Will of the Decedent dated 1~ 1 Jy 7 and codicil(s) dated NT ~, (State refevnnt circumstances, e.g., renunciation, death of 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: r~ C7 ~ ^ B. Grant of Letters of Administration _ , , . (Ijapplicable, enter.• e.t.a.,- d.b.n.c.t.a.; pendente Fite; durance absentia; durtrr,, ilateJ ~'' -~ t ,~. _..t..,, L• Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following-_~btv~ f any) and heirs,-:'.i~lj•.,~'', Administration, c. t. a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ,`„_~ ~ ~, "°~7 ~ ~ ' :~a ~C . - =- ,.' Name Relationshi Resid ~ `- - ~~ - . (CO/YIPLETE IN,~lLL CASES:) Attach additio,ial sheets if necessary. Decedent w s domiciled at death in ~LI ~" 11G-r ('~"'" ~ rnty, Pennsylvania with his /her last principal residence at ~oZ (List sr,•eet address, fown/oily, lownshfp, county, State, z,p code) Decedent, then ~ ~O years of age, died on ~ '~~ ~ ~ at (/1 b '~~ 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 follows: ~ °~' ~ ~ m ~ >~! ~l $ ~ ~"8-~ ~ r, $ l 7 S , ~~ Wherefore, Petitioner(s) respectfully request(s) the probate of the last W'sN and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: { /1 ) ~2naaire Tvoed or erinted name and residence { f7~/1 Porn, RFV-0? rep-. fo.13.06 Page 1 of 2 WILL OF HE F~ S. KRA1ViER I, Helene S. K:runer, of $25 Mandy Lane, Camp Hill, Hampden Township, Cumberland County and Commonwealth of Pennsylvania, mare this my Last Will, hereby revoking any and all former wills or codicils made by me. ARTICLE ONE I direct my Executor to pity the expenses of my last illness and my funeral expenses as soon as may be convenient after my death. ARTICLE Two I give my automobiles, household and personal effects, and other tangible personal property of life nature (not including cash or securities), together with any existing insurance thereon, to my children, in oqual shares, if they survive me by sixty (64) days, in such shares or by such items as they may agree, or if they aze unable to agree, then said property shall be sold and the proceeds shall be added to my residuary estate for distribution thereunder. ARTICLE THREE ~. I give the residue of my estate to my children, in equal shares, pro _ that tl ~ :~ ~: share of any child who predeceases me or dies on or before the sixtieth (60th):' follo~ng ~ ; j F~=~=; my death shall be distributed to his issue per stirpes living on the sixty-first (~ ~, ;.may ~ ~ ~.:. following my death and in default of any such then living issue, such shares ~ added toy :~: ~ .._':v other survivin children. `.~=~ ~ ~ c~ .-~, `~ , _ • `~~, the share or shares for my g ~~~ ~ ~:-I . ~~ ==,` Page 1 of 7 ARTICLE FQUR If any beneficiary who is entitled to receive absolutely and free of trust a share of the principal, of my estate or any trust created hereunder is under the age of twenty-one (21) years (h~ereu csillod a "miner"), the Trustee heaeinaftet named in Article Six of this Will is hereby sutlused ~ empowered to hold and manage such share for the befit of such mirror dwring his minority, but this autho~iity small be as a .power only and shall not oP~ to suspend the absolute owns tt~eof by such minor, nor to prevent the absolute vesting th~+eof in such minor. During the min~ocity of any such beneficiary, the Trustee may socumulate sll or any part of the ~ income from such beneficiary's share or pay so much thereof, tQgethec with such sumounts of the principal of such beneficiary's share, as the Trustee in his sale discretion shall deem necessary or advisable for such beneficiary's health, support, rnain~;ce and complete eds. In the event that any such beneficiary should die during his minority, the Trustee is authorized, in his sole discretion, to pay part or all of such 's fiuiersl expenses, and the ' ' principal of such beneficiary's share as it is then cituted shall be paid to the persons entitled to such beneficiary's personal estate. ARTICLE FIVE ~~, I)isb is to or fQr the Benefit of IVLn_ors. In the disbursement of funds directed to be paidd under Articles 'Three and Four hereof to or for the use and benefit of any beneficiary who is a minor, the Trustee may make payment of the same to the guardian or such other person as may have custody of the person of that minor at the time such payments are , but without liability on the part of the Trustee to see to the application of sad payments by the payee, and the receipt of any such person shall be a full acquittance of the Trustee as to any amounts so paid, or the Trustee may make payment of the same directly to or for the benefit of such minor. $e~tian 2. Accnled Income. T3pon the death of any income beneficiary, any income accrued ~ received by the Trustee subsequent to the last income payment date shall be paid to the person or persons for whose benefit the principal producing such income is continued in trust or to whom such principal is distributed under the terms hereof. Page 2 of 7 Section 3. Stc~r3c Dividends. Corporate ditions received in s~harea of the distrg~ corgacatioa shall be allocated to pr~cipal, r~~;ardlasa of the number of shares and haw~wt~ described or designated by the distributing corporation. . .. .During the continuance of any of the trusts created under this Will, the P~ sums thus held in trust for the be~ficiaries, respectively, and the net inooase tl~neof shall not be subject to or liable for any contracts, debts, engagements, liabilities or aorta of such beneficiaries, or any of them, naw ar hes~eafter made, contracted, incurred or coecunitted, but shall be absolutely free from the same, and the beneficiaries under Articles Three and Four sbaU have no power to sell, assign, or encumber all or any part of the said principal auras or their interest thGrc~in rerspoctively, or the r~x income thereof, or to a~ieipate the said ~ income. If any anticipation, assignment or transfer, whether voluntary or involuntary, or by operation of law, shall be made or attempted by or against any beneficiary under Articles Three and Four hereof, all further payments to said beneficiary of income or principal of the trust shall be suspenc~d for such period of time or indefinitely (but in no case for longer than the team of the trust) as the Trustee shall determine and, in lieu of such payments, the Trustee may apply so much of the income or principal of the Trust, or both, as the Trustee may deem neces.~ary for the health, support, maintenance and complete eduction of said beneficiary, and all income of the Trust not so applied shall, in the uncantr~led discretion of the Trustee, be accumulated and added to the principal of the trust fund at such time or times and the Trustee may deem proper. Secti~ 5. Administrative Powers. 14Iy Trustee shall have the same broad powers of retention, sale, conversion, investment, reinvestment and distribution as are granted to my Executor und~ar this Will, without in any way limiting the usual rights and powers vested in a Trustee. ARTICLE SIX section 1. Trustee Qf~. I appoint my son, Peter J. Kramer, as Trustee under this Will. If Peter J. Kramer is unable or unwilling to acct or to continue to act as Trustee, I appoint Leonard J. Kramer, Jr. as successor Trustee. Any Trustee serving hereun~r shall have the option to appoint as an additional ce successor Trustee an individual or a corporate Trustee which is authorised to engage in trust business in the United States. If the corporate Trustee should be a party to a merger or consolidation, the resultant company shall become the successor caorporate Trustee hereunder without notice to any other person. Page 3 of 7 _ 2.~T~.lea~o~ «~f Poweas ay I~vidual Trsustee. In the evextt a corporate Trustee is pointed as an final Trusf~ee, the individual Trustee shall have full power and authority /~ de~~gate from time to time to the corporate Trustee by an instnunent in writing any or sll of individual Trustee's rights, powers and duties hereunder to the end and purpose that it array be enabled to act in all rrsppoc~s for both of the Trustees hereunder during tlae term of such delegation; pravi~Ied, ~owawer, that such delegation shall be subject to revvca#ivn by the individual Ttuatee upon the delivery of written notice to that effect to the corporate Trustee. 3. Waiv,~..of Bid. No Trustee he~uLder shall be requir~od to give bond for the faithful performance of duty in any jurin~i~cticin. ~ctien 4. Corn~sati~ and,Exnenses of Trustees. In the event a corporate Trustee is appointed, such eorporALe Trustee shall be entitled to receive annual compensation for its services in acaordaACe with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a ccwrt of competent jurisdiction. Any individual serving as Trustee hereunder shall also be entitled to receive compensation cxxnmensurate with his services rendered. Both the individual Trustee and the corporate Trustee shall be entitled to prompt reimbursement for all expenses incurred by them in the performance of their duties hereunder. ARTICLE SEVEN Section 1. .Executors of M~VVill. I appoint my son, Peter J. Kramer, as Executor of this Will. My said son, or any successor Executor, shall have the authority to appoint another individual or a bank as an additional or successor Executor, or to renounce her exocut~~rahip in favor of another i~ividual or a bank. If my said son is unable or unwilling to act or to continue to act as Executor of flue Will, and a successor has not been appointed, I appoint my son, Leonard J. Kramer, Jr. , as Executor of this Will. Section 2. Waiver of Bond. No Eacecutor hereunder shall be required to give bond for the faithful performance of duty in any jurisdiction. Section 3. Power to Retain Assets . My Executor may retain as an investment without any duty of diversification, all property, real or personal, owned by me at my death. Section 4. Power to Invest. My F..xecutor may invest and reinvest the principal held in trust, togc~her with any ineonu accumulated thereon, in such stocks, bonds, mortgages, Page 4 of 7 securities or other pig, real or personal, as he deeaYes advisable without being limited to the classes of socurities or inveatm+erets in which trust fiduciaries are authorized by law to invest trust fiends. ~eetic~n S. Power to Sell Real Estate. My Executor may from time to time sell any and all real estate held heresandGr, at public or private sale, for such prices and upa~ such terms as he deenes advisable, and may maloe, eaocute and deliver any deed or deeds therefor, conveying title thErein in fee ~ absoliete, or for any less estate, to any purchaser or purchasers, freed and discharged of any and ail trusts . ~~ 6. P er to Ikal With_Asse~s. My Ba~ecutor may from time to time sell, exchange, lease, encumber, option or otherwise dispose of all or any portion of the assets held in mist in such manner and upon such terms and conditions as he deems advisable, and may make, execute and deliver deeds, mortgages, leases, assignments and other documents necessary tci carry out any of the powers garanted the Executor, and which shall specifically include the authority to grant leases which extend beyond the period authorized by lsw. ~~n 7. Power ~ Distri ute in Kim. My Executor may distribute in cash or in kind, or both, and may allot different kinds of property to different sti~ares, as he deems advisable, without tr*spoct to the income tax basis of such property, and such designations or divisions, including the values placed on such Property for such purposes, shall be conclusive ~ Fem. Section Tax E~actinns. My Executor in connection with the matting aixl filing of all income tax, estate, inheritance and other death tax, gift tax and other tax returns and paying of any such taxes, whether or not the liability far such taxes arises before, at or afar my , and in connection with the adjudication or settlement of liability for any such taxes, may make such elections, decisions, concessions and settlements, including extensions of time for the payment of any Federal estate taxes or other taxes due as he or she, in his or her uncontrolled discretion, may determine to be proper, without liability to any person thereby affected and without the necessity of having to make compensating adjustments. ARTICLE EIGHT All estate taxes, inheritance taxes, transfer taxes, and other taxes of a similar nature, including any interest ~ penalties thereon, payable by reason of my death upon or with respect to aay prgxsty subject to any such tax, whether or not such property passes under this Will, and all debts, costs of administration and other proper expenses shall be paid by Page 5 of 7 my E~cecut~or out of the principal of that portion of my estate disposed of by Article Three, without re~mbvrsemeat fmm or appoi~nm~t among the beAaeficiaries, recipients, or owners of such property. ARTICLE NIlVE 1. Sinn lar anti Plural; Use of Gam. Vyheixsvet used herein, the singular shall i~~clvde the plural, the plural the singular and the use of any gender shall be applicable to all genders. (a) Ch~ilda Children, ar=. Whenever t~ terms "child," "children" or "issue" are usod hes?ein, such terms shall include adopted children, regardless of the date of adoption, with full effect as if they were the natural children of the adopting parents. Such terms are also intended to include persons .in gestation at any pertinent time under this Will, provided such persons survive berth by thu~ty (30) days. (b) V~Vlhenever the terms "education" or "complete education" are used herein, such terms shall include all tuition, travel, room, board and other costs and expenses related ~ preparatory, special, vocattional, business, college, post-graduate, professional and other train' ~• (c) ~~. Whenever the term "health" is used herein, such term shall include all medical, dental, hospital and nursing expenses and expenses of invalidism. 3. Cates. The captions of articles and sections of this Will are for convenience of reference only and shall n~ affect ttur interpretation of this Will. 4. Governing I~aw. I hereby declare that I am a domiciliary of the Commonwealth of Pennsylvania and that the succession laws and other applicable laws of the Commonwealth of Pennsylvania shall control the interpretation of this Will and the ownership of any other propexty passing at the time of my death other than under this Will, and that no succession laws of any other natitm or state shall have any applicability to this Will or the owm~ership of any other property passing at the time of my death other than under this Will. Page 6 of 7 IN wI'T2~FSS WEQF I have to set my and 9ea1 to the original of this will on this ~ day of , 1993. ,.i .w ~sEnt,) s. ~ S~c~aal Security Number Signed, sewed, published and declared by the above-named T~~tatrilc, as and for her Last Will in the presence of us and each of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our ruunes as wig tiro the day and year last above written. witness ~.-~ r G1. tress Page 7 of 7 c TH o~ pExNSYLV~~ ~ ~. COUNTY OF `~,~,,,,~~ ~ ~ We, Helene S. Kramer, S ,~ ~~ _ i =_Q~ 1.~ _,' the T~ aiand the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare t'o the undersigned authority that the Testatrix signed and executed the instrum~-t 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 Testatrix, signed the Will as witnesses and that to the best of their knowl©dge the Testatrix was at that time eighte~ years of age or older, of sound mind and under no constraint or undue influence. ~~ ~ti E~elate S. Ktaa-et c • I~ P12,Q~ witness 1tneS3 SUBSCRIBED, sworn to and acknowledged before me b Helene S. Kramer, the Testatrix, and subscribed and sworn to before me b ~ ~ s ~- y and _ ' fi`(~ ~ ,witnesses, this ^~ day of , 1993. Notary Public ----___ (NOtarial Seal NO7AR A! L SEq`,"""""~'~-, ~~t-+ERIE FEpORA, Harris ~r Notary Public -.~{~,~<~r,~'mission Dauphin Couniy •- Expires A.prrl 22. 1998