Loading...
HomeMy WebLinkAbout11-19-09PETITION FOR PROBATE AND GRA~iT OF LETTERS REGISTER OF WILLS OF ~lNl~~~i/~~ COUNTY, PENNSYLVANIA Estate of /(1~(~!/~Q ~ ~l8 ~° also known as Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COtvIPLETE 'A' or 'B' BELOW:) Deceased Fite Number _~oy J~ l ~ ~9 Social Security Number ~ ~~ - /V -3 sl ~ ~A. Probate and Grant oC Lette s Testamentary and aver that Petitioner(s) is /are the ~E41'~ named in the al st Will of the Decedent dated ~~ ?~fXJ ~and~~di~ated (Stole relevant circumstances, e.g., renunciation, death of executor, e1c.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted afteij execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person:// ( ' ^ B. Grant of Letters of Administration (lfapplicable, eater: c.t.a.; d.b.n.c.t.a.; pendentelite; durance absentia; durnnt~inoritate) ~ e~ -;-7 Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following sp~any) anc~irs: ~- Administration, c.t.a. or d. b. n. c. t. a., enter date of Wil! in Section A above and complete list of heirs.) ~ t:-t *~p p ~; ; ;r Name Relationshi Resid ~ _ ~ t" ' ''t f`~ f._.) C.-~.. ~~~ 'r. f _ _ _ c-; . _ ~r1 © t..3 .~._..J (COMPLETE IN ALL CASES:) Attaclt additia:al s/reefs if necessary. C7 ,..a Decedent was domiciled at death in Pennsylvania with his /her last principal residence at ~ ~ ~f (List su-eet addrus, town/ct')y, towl(s/tip, Eounty, state, ~ip code) // / Decedent, then years of age, died on ~ at /~~il/ /( (..L~ , Ce.wt 9l°f• J/A^~~i ~~' 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 fo Fm-m RW-03 re,~. l0.l3.oa Page I of 2 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and~Ee~iail(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: LAST WILL AND TESTAMENT OF GEORGE R. RAE I, GEORGE R. RAE, of 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 all other wills and codicils heretofore made by me. FIRST I direct the payment of my debts and expenses of my last illness and funeral from my estate as soon after my death as conveniently may be done. If there be no cemetery lot available for my interment, owned by me at the time of my death, I authorize my personal representative to purchase such cemetery lot with a contract for perpetual care, using therefore funds from my estate, in such amount as my personal representative shall consider necessary and desirable, and I authorize my personal representative to cause title to or ownership of such lot so purchased to be vested in such person as my personal representative shall designate. Further, in this connection, I authorize my personal representative to expend funds from my estate, in such amount as my personal representative shall consider necessary a~ 1 ~=_ ' Q ~^~ desirable, for the purchase, erection and inscription of a suitable marker for my~ e. =~=' ~' ~ n ~ ~~ fir-- ~ _-a c. J ~ ~C i o ~t~ SECOND give and bequeath all tangible personal property owned by me at the time of my death, together with all insurance policies thereon as follows: Thirty percent [30%] to my son, THOMAS SPRAGUE RAE, per stirpes; Thirty percent [30%[ to my son, CHARLES RAMSAY RAE, per stirpes; Thirty percent [30%] to my son, GEORGE RICHMOND RAE, per stirpes; One percent 1 % to each then livin randchild; with an remainin balance to Saint [ ] gg v g Andrew's Episcopal Church of Shippensburg, Pennsylvania. In the event a child of mine does '-' not survive me by sixty (60) days, the share which that child would have received is bequeathed to that child's issue, per stirpes. THIRD I give, devise and bequeath all the rest, residue and remainder of my estate as follows: Thirty percent [30%] to my son, THOMAS SPRAGUE RAE, per stirpes; Thirty percent [30%[ to my son, CHARLES RAMSAY RAE, per stirpes; Thirty percent [30%] to my son, GEORGE RICHMOND RAE, per stirpes; One percent [1 %] to each then living grandchild; with any remaining balance to Saint Andrew's Episcopal Church of Shippensburg, Pennsylvania. In the event that a child of mine does not survive me by sixty (60) days, the share which that child would have received is bequeathed to that child's issue, per stirpes. Page 2 of 9 I authorize my Executor to deliver such articles to which a minor may be entitled under this testament to the guardian of the minor or to the person having custody of the minor, or to retain such property until an age at which my Executor considers it appropriate to deliver the property to him or to her, provided in no event shall such property be retained by my Executor beyond the time the minor attains his or her majority. The receipt of such of the above enumerated persons as may be selected to receive delivery of such property shall be a full and complete discharge to my Executor. In the event my Executor at any time decides it is desirable to sell any item or items of tangible personal property held hereunder for a minor, the proceeds of such sale or sales shall be delivered to the guardian of the property of the minor appointed in paragraph' SIXTH hereinafter to be held under the terms and conditions thereof. FOURTH I direct that any and all Inheritance, Estate and Transfer Taxes imposed upon my estate passing under my will or otherwise, shall be paid out of the principal of my residuary estate. FIFTH In addition to the powers conferred by law, I authorize my Executor, in his or her absolute discretion: (a) to retain in the form received, and to sell either at public or private sale any real or personal property; (b) to manage real estate; (c) to invest and reinvest in all forms of property without being confined to legal investments, and without regard to the principle of diversification; Page 3 of 9 (d) to exercise any option or rights arising from ownership of investments; (e) to compromise claims without court approval, and without the consent of any beneficiary, and to abandon any property which, in my Executor's opinion, is of little or no value; (f) to file any state or federal income tax return for any year for which I have not filed such return prior to my death. SIXTH I appointJUNIATA VALLEY BANK of Mifflintown, Pennsylvania, guardian of any prop- erty, including but not limited to all proceeds of insurance on my life, which passes to a minor and with respect to which I am authorized to appoint a guardian and have not otherwise specifi- cally done so. In addition to the powers given by law, I authorize the guardian of the property: (a) to use such amounts of both income and principal as they in their sole discretion deem proper for the support, education and welfare of such minor without leave of any Court; (b) to invest in any property without leave of any Court; (c) to invest in any property without restriction to legal investments. The guardian shall not be required to give bond or furnish sureties in any jurisdiction, and shall hold the property INTRUST for the minor. I hereby direct majority to be defined as the age of eighteen [18] and that no funds be turned over to the minor or adult until they attain the age of eighteen [18] years. If my trustee, in its sole discretion, determines that it is desirable to do so, my trustee may end any trust under this deed. This may be done by paying the then-remaining principal and income of that trust to the person then eligible to receive the income. If any person is a minor or is, in my trustee's opinion, disabled by illness or other cause and unable to properly Page 4 of 9 manage the funds, my trustee may pay the funds to his or her guardian or to any person or organization taking care of the person. In the case of a minor, my trustee also may deposit the funds in an interest bearing account in the minor's name payable to the minor at majority, or appoint and pay the funds to a custodian for the minor under the Uniform Gifts to Minors Act of any state. My trustee shall have no further responsibility for funds so paid or deposited. I further direct my trustee distribute his or her share of the corpus and any accumulated earnings to the beneficiary upon the attainment of their majority. SEVENTH Provided always, and I do hereby declare my will to be, that if any person or persons to whom any estate or interest is given or limited by this my will shall, in any court of law or equity, or otherwise, controvert the same, or dispute or call in question the validity hereof, or of any of the estates, limitations, powers, provisos, or dispositions hereby limited or given, or 1 made, or herein contained, then and in such case the estates, interests, limitations, &c., so hereby limited, &c., to or in favor of such person or persons so controverting my said will, shall cease, determine, and be absolutely void to all intents and purposes whatsoever, as if such person or persons was or were naturally dead. And then and from thenceforth such estates, interests, limitations, powers, provisos and dispositions shall go and belong to and be vested in the person or persons who, by virtue of this my will, shall be next in remainder after the person or persons so disputing as aforesaid: Provided he, she, or they shall not controvert or dispute the validity of this my will, or any of the devises, limitations, powers, provisos, or dispositions herein contained or hereby made. Page 5 of 9 s _.~._~ ~__ -~;~-~•-mss:,-~~ --- -- -~---- __-~- - _ ...~.. w .~_._. _ EIGHTH Any and all payment or payments of any sum or sums, whether in cash or in kind and whether for principal or income, payable to the said beneficiaries or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, attachment, and pledge, and free from control by the creditors of any such beneficiary. All shares of principal and income herein given shall be free from anticipation, assignment, pledge, or obligations of any beneficiary, and shall not be sub- ject to any execution or attachment. NINTH I nominate, constitute and appoint my son, THOMAS SPRAGUE RAE, Executor of ~/ this my last will and testament. In the event of the renunciation, death, resignation or inability to act for any reason whatsoever of my said son, I nominate, constitute and appoint my son GEORGE RICHMOND RAE, Executor of this my last will and testament. In the event of the renunciation, death, resignation or inability to act for any reason whatsoever of my said son, I nominate, constitute and appoint my son CHARLES RAMSEY RAE, Executor of this my last will and testament. I hereby relieve my Executorfrom the necessity of posting security in connection with the Executor's duties as such in any jurisdiction in which my Executor may be called upon to act insofar as I am able by law to do so. Page 6 of 9 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my last will and testament, consisting of nine pages, the first six of which bear my signature in the margin for the purpose of identification this 17'h day of May, 2005. George R. ae Signed, sealed, published and declared by the above named Testator, GEORGE R. RAE, as and for his last will an testament, in the presence of us, who, in his sight and presence, an ~ the sight resence of each other, have hereunto subscribed our names as witne s. ~~ uire Beverly S. Crous d K tin L. McGee 16767 Path Valley Road Spring Run, Pennsylvania 17262-0051 17983 Dry Run Road West Spring Run, Pennsylvania 17262 PO Box 112 Spring Run, Pennsylvania 17262 Page 7 of 9 ~,_~ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF FRANKLIN I, GEORGE R. RAE, the testator 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 that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by GEORGE R. RAE, the testator, this 17'h day of May, 2005. ~ara"L. ~~.~rhan, Attorney fitted to the Bar of Pennsylvania [#36406] COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF FRANKLIN We, BEVERLY S. GROUSE and KRISTIN L. McGEE, the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Page 8 of 9 Sworn to or affirmed and subscribed to before me by BEVERLY S. GROUSE and KRISTIN L. McGEE, witnesses, this 17`h day of May, 2005. ~~rcTL~ushman, Attorney Admitted to the ar of Pennsylvania [#36406] COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF FRANKLIN On this, the 1_1 day of May, 2005, before me, the undersigned officer, personally appeared RICHARD L. BUSHMAN, known to me or satisfactorily proven to be a member of the bar of the highest court of Pennsylvania, and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the testator and witnesses. In witness whereof, I hereto set my hand and official seal. NoTAF~sEgl' Nota ublic Angela G. Peterson, Notary Public Pannell Township, Franklin Courrty My Commission Fires October 11,2007 Page 9 of 9