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HomeMy WebLinkAbout07-15-10PETITION FOR PROBATE A-ND GRANT OF LETTERS REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA Estate of Lawrence Whitley Simmons Sr. File Number ~ 6 '- ~,_~ - ~] (,~~ also known as L• Whitley Simmons Deceased Social Security Number 191-18-3283 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) rra A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor ° named ' e last Will of the Decedent dated October 26, 1992 and codicil(s) dated _ ~~ (State relevant 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 executio ~ nstruri~"it(s) o~e~ for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~' !`=== U! r,, ~•J . ^ B. Grant of Letters of Administration (If applicable, enter: c.t.a.; db.n.e.t.a.; pendente life; durante absentid; durance 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: (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.) (COMPLETE INALL CASES.) Attac% auldltlonal sheets f necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at Bethanv Village. Suite 220.5225 Wilson Lane, Mechanicsburg PA 17055 (List street address, towrdcity, township, county, state, zip code) Decedent, then 85 years of age, died on July 1, 2010 at Holy Spirit Hospital, bast Fcnnsboro Township, Cumberland County, Pennsylvania Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property $ 881,175.00 (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: 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: ~~ ~~~ 1 or ranted name and residence ~ ~ , Lisa L. Piergallini, Vice President & Trust Officer, Hershey Trust Company, Private Wealth Management Group, One West Chocolate Avenue, Hershey, PA 17033 Form RW-02 rev. 10.13.06 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA . SS COUNTY OF Cumberland The Petitioners} 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) ofthe Decedent, Petitioner(s) will well and truly administer the estate according to law. ~. Sworn to t~~~aft aad subscribed ~.. r 9 before ~e t~ _ ~~ia Qf y= _- -- Signature of Personal Representative ~~:. ~.., C.T'i . For, the egister Signature of Personal Representative ~, ~ ~ -~i ~ = ..~ Vt `"~ File Number: r~ ~ - ~ ~ 7~ Estate of Lawrence Whitley Simmons Sr. ,Deceased Social Security Number: 191-18-3283 Date of Death:July 1, 2010 AND NOW, C J~.j ~ ~( ~ ~ ~~ in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Hershey Trust Company in the above estate and that the instrument(s) dated October 26, 1992 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES Letters ............... $ 610.00 Short Certificate(s) ........ $ 40.00 Renunciation(s) .......... $ 5.00 Automation Fee , . , $ 5.00 JCS Fee , .. $ 23.50 Will ... $ 15.00 ... $ ... $ ... $ TOTAL .............. $ 728.50 Attorney Signature: __..._ , Attorney Name: Jahn .Roe ~ ~ ~ ~ ~ ,, ~ ~ ~; ` ~ ~, . -~ Supreme Court LD. No.: 7109 Address: 2520 Doehne Road ~ , ' Harrisburg, PA 17110 Telephone: 717-671-9870 Form RW-02 rev. 10.13.06 Page 2 of 2 ffiOS.805 REV (O1h071 LOCAL REGISTRAR'S CERTIFICATION Of QEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee fora this certificate, ~6.U0 This: is to certify that the rinformation here given is correctly copied from an original Certificate of Death. duly filed with me ' as Local R~g~str~; The original certificate wild be < forwarded:! to the ,State Vital '' k~ecords Office' for permanent filing. P ~.~4994:80 , ~ ~ 1 Certification Number Local egstrar Date. Issued ~ _ ry m C . ~. ..-~ ~:~ ,.~ k.~,... x ~.' iA ~~ ~~ ~ ~.'? tnae~ap nElr r u~oa COMYC3NWEALTH Q!~ ~E!l~ISYLVANtA :- DEPARTMENT OF HEALTH . VftAL RECOHQS TM~E el~lcrrc • CERTIFICATE OF DEATH . (Sep Instructlo~iis nyd;: reae} vn STATE FILE Mlll11BER ` : ~.~.a o.e~e~ lww,.+m.. rr. wW ,, r. a« ` A. 8oaw r~rwdly i(Irrbr ~: oar w owM pant; e~y y.rl • Lawrutce ;Whitle Simmons Sr. >; male 191. r- 18 - 3283.. July 1>, Z~1C3 a ~y. p..rew~y~ urea r ~ _ orb ai erlA , ..:.. _ r. `.rile « .. , :a: _ _ , ara. rrr• IAur Wrr. 85 ve June 17, 1925 PA owr~ Gettysburg, iMww ^ Ep I ' C]~a- E7 Tarr O nrrerar L~ cw,.. tA. crwey a orrA re. dot, e«-, rra a o.aA ra F.arr~w~.. pl rw rwPran~ ol~rrw~ r+ll.rww1 x ww.Ora~r~l d ~4~e fit' < R, r« ~a llrweMitroia r~dl~ 9Miak+~b..~ Ciumbterland P~>~It Pennsboro~ ~P ~oly_ Spirit Hospital irrlr~«e.1 1 white ~ dwiA _ ~r. Yr« I~e.err.w h rr ». ca~lti 6a~..r~n t~M «+r ~ t~ a~~1 f+L ww >I~ ~w~44 ~Niwr n. awaap >Ipa.. p.r.: iih. 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Mtn, ~. _ ~,- ~~~" ~ _..._ r :~ ` ~~ A '?{ Estatc of I•awxauce WhitXey Simmons fir. _ ~ I~ec;r~seci T, Ma P. ~irnlnons ~, , in my ct~P~lGiEy/1~el,ationship as (1'r~~ NcrmEJ wife ~ oC the above Decedent, h~r~hy .rexlaunce the r~sht to administer. tllc stale oaf. the 1)ocoacnt ar~d respectfully request th.~.t Letlurs bu isyuecl lc~ ~~crshcy Trust Company _~ ;~ . _.b v ~ (Lkrlc:) (,S'i~rrar~~rc-J ~•3et~a~ tl~Villa}~e, 5225 tails©Il Lat1c (,~'rra~~~ .~1 Jclrrs~sJ Mechanicsburg, PA 17{155 Swann to or ai'firmrd and auh~c;ri~ed befor~c me this day c.~ i' ~ o T.)eputy tier Re~iSter of Wills vo ~~ Lv Jdm R.C. &wwm, Nctt~ir~rP I.O~itEt /UCH Tom, C 10[I E.x:ecuted c~ttt vf'1~c~~iat~r'a~ (?,~fi<ce 13eforc thr undersibned pcrsc~naliy ~~ppeared tht p~rtiy ex~cutin~ this renunci<xtion and certified that he or she executed the r~nunc;iali n fvr the Purposes stated ithin vn tlus ^~ day of u o? c>~ U otary Pttb~ is My C.amrnission Exl~ire~;: (st~nrh~rc and Seal ~~f Newry ~u pthcr af~icial yualifird to ~dministat ~yslh~. Sfi~~w d~t~ ~t'cxplratic~u uCNe~tury'x f'nmmic~ion.) 10-12-92 -~„ ~ ~ ° L. WHITLEY SIM~IONS ~ ~ ~? -; , I, L. WHITLEY SIMMONS, presently of Dauphin Coun~ ~ ~+• Pennsylvania, declare this to be my will and hereby r, a alb -~ prior wills and codicils made by me. ~ °~ ~; 1. Tana bla Pe~rso^nal Prar,~~~y. I bequeath such items of my tangible personal property as are specifically itemised on a list, if any, in my handwriting, signed and dated by me at the end thereof, and attached to this, my Will, to the person(s) named thereupon to receive such items, and ,all of my re~a~aining tangible personal property not used in business or for the production of income, including, without l~.mitation, furniture, furnishings, clothing, jewelry, objects of art and decoration, and the like., and any motor vehicles which I own, together with the insurance thereon, I bequeath to my wife, Mary P. Simmons, if she survives me, and if my wife does not survive me, I bequeath such property equally among my children who are then living. 2. ~~~~. I bequeath, devise, and appoint all the rest of my property, of whatever nature and wherever situated, including property over which I hold a power of appointment (except that I do not exercise any power of appointment given to me by my wife), to the then Trustee(s) under an Estate Plan Agreement of Trust executed by me as Settlor thereof on February 28, 1978, as thereafter amended, and, in particular, but not necessarily limited to, an amendment thereto dated October 26, 1992, to be held by said Trustee(s) and added to and administered as part c-f the trust established by said Agreement. Said trust is in existence as of the date of execution of this will, and it is my intention, if necessary to validate the foregoing gift to the Trustee(s), to incorporate herein by reference its terms and any amendments thereto. 3. Survival. If my wife and I should die under such circumstances that it cannot be determined which of us survived, my wife shall be deemed to have survived me for all purposes hereunder. If any other beneficiary should die within sixty (60) days after me, he or she shall be deemed to have predeceased me for all purposes of this will. 4. ~~endthrift Cla se. No interest (whether in income or principal, whether or not a remainder interest, and whether vested or contingent) of any beneficiary hereunder shall be subject to anticipation, pledge, assigr~ent, sale or transfer in any manner, nor shall any beneficiary have power in any manner to charge or encumber his or her said interest, nor shall the said interest of any beneficiary be liable or subject in any manner while in the possession of my fiduciaries for any liability of such beneficiary, whether such liability arises from his or her debts, contracts, torts, or other engagements of any type. 5 Any - amounts or assets which are payable or distributable to a minor or incostp~etent hereunder may, at the discretion of my fiduciaries, be paid or distributed to the parent or guardian of such Minor or incompetent, to the person with whom such minor or incompetent resides, or directly to such m~.nor or incompetent, or may be applied for the use or benefit of such minor or incompetent. 6. $„~,g~. In addition to such other powers and duties as may be granted elsewhere herein or which may be granted by law, my fiduciaries hereunder shall have the fallowing pavers and duties, without the necessity of notice to or consent of any court: (aj To retain all or any part. of my property, real or personal, in the form in which it may be held at the time of its receipt, including any closely held business in which I have an interest and the stock of any corporate fiduciary hereunder, as long as in the exercise of their discretion it may be advisable so to do, notwithstanding that said property may not be of a character authorized by law. (b) To invest and reinvest any funds held hereunder in any property, real or personal, including, but not by way of limitation, bonds, preferred stocks, common stocks and other securities of domestic or foreign corporations or investment trusts, mortgages or mortgage participations, mutual funds with or without sales or redemption charges, and common trust funds, even though such property would not be considered appropriate or legal for a fiduciary apart from this provision. (cj To sell, convey, exchange, partition, give options to buy or lease upon, or otherwise dispose of any property, real or personal, at the time held by them, at ublic ar private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such price as they may determine, and to convey such property free of all trusts. (d) To borrow money from any person, including any fiduciary hereunder, for any purpose in connection with the administration hereof, to execute promissory notes or other obligations for amounts so borrowed, to secure the payments of 2 such amounts by mortgages or pledges of any property, real or personal, which may be held hereunder. (ej To make loans., secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms, or corporations as they may deem advisable. (f) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by them as fiduciaries, for as long a period or periods of time and on such tez~-s, as they may determine, and to adjust, settle, and arbitrate claims or demands in favor of or against them. (g) In dividing or distributing any property, real or personal, included herein, to divide or distribute in cash, in kind, or partly in cash and partly in kind. (h) Without limitation of powers elsewhere granted therein, to hold, manage and develop any real estate which may be held by them at any time, to mortgage any such property in such amounts and on such terms as they may deem advisable, to lease any such property for such term or terms and upon such conditions and rentals as they may deem advisable, whether or not the term of any such lease shall exceed the period permitted by law or the probable period of retention under this instrument; to make repairs, replacements and improvements, structural or otherwise, in connection with any such property, to abandon any such property which they may deem to be worthless or not of sufficient value to warrant keeping or protecting, and to permit any such property to be lost by tax sale or any other proceedings. (i) To employ such brokers., banks, custodians, investment counsel, attorneys, and other agents, and to delegate to thew such duties, rights and powers as they may determine, and for such periods as they think fit. (j) To register any securities at any time in their own names, in their names as fiduciary, or in the names of nominees, with or without indicating the trust character of the securities so registered. (k) With respect to any securities forming a part of the trust, to vote upon any proposition or election at any meeting of the corporation issuing such securities, and to grant proxies, discretionary or otherwise, to vote at any such meeting; to join or become a party to any reorganization, readjustment, merger, voting trust, consolidation ar exchange, and to deposit any such securities with any committee, depository, trustee or - 3 - otherwise, and to pay out of the assets held hereunder, any fees, expenses and assessments incurred in connection therewith, to exercise conversion, subscription or other rights, and to receive or hold any new securities issued as a result of any such reorgaa~iaation, readjustment, merger, voting trust, consolidation, exchange or exercise of conversion, subscription or other rights and generally to take all action with respect to any such securities as could be taken by the absolute owner thereof . (1) To engage in sales., leases, loans, and other transactions with the estate of my wife or any trust established by either of us, even if they are fiduciaries or beneficiaries thereof. (m) To exercise all elections which they may have with respect to income, gift, estate, inheritance and other taxes, including without limitation execution of joint income tax returns, election to deduct expenses in computing one tax or another, election to split gifts, and election to pay or to defer payment of any tax, in all events without their being bound to require contribution from any other person. (n) To operate, own, or develop any business or property held hereunder in any form, including without limitation sale proprietorship, limited or general partnership, corporation, association, tenancy in common, condominium, or any other, whether or not they have restricted or no management rights, as they in their discretion think best. 7. Taxe,~. I direct that all estate, inheritance, and succession taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid out of the principal of my probate estate to the .same effect as if said taxes were expenses of administration, except that any such taxes (and interest and penalties thereon) imposed on account of my interest in or power over any trust established by my wife, shall be paid out of the property held in such trust, and all other property includible in my ta~cable estate for federal or state tax purposes, whether or not passing under this will, shall be free and clear thereof; prodded, however, that my executor(s) may in the discretion of my executor(s) request that any portion or all of said taxes (to be paid out of the principal of my general estate) shall instead be paid out of the principal of any trust established by me, to the extent expressly authorized under the terms of said trust. - 4 8. ~. Unless the context indicates otherwise, any use of either gender herein shall also include the other gender. 9. Fi„~ucaries. I appoint my wife and Hershey Trust Company as Executors hereunder. If ever my wife is unable or unwilling eo to serve or to continue so serving, no successor shall be appointed to serve in her place. My fiduciary(s) hereunder shall serve as guardian(s) of the property of any minor beneficiaries hereunder, under any instrusient of trust executed by me, under any policies of insurance on my life, and in any other situation in which the power to make such appointment exists under the laws of Pennsylvania. No individual fiduciary shall be liable for the acts, omissions or defaults of any agent appointed and retained with due care or of any co-fiduciary. No fiduciary named herein shall be required to furnish bond or other security for the proper performance of his or her duties hereunder. IN WITNESS WHEREOF, I, L. WHITLEY SIMMONS, herewith set my hand to this, my last Will, typewritten on six (6) .sheets of paper including the self-proving attestation clause and signatures of witnesses, this .~, ~ day of ~ ~d6~ r- 1992 . ~ s~rr,) L. WHITLEY SIMMONS residing at residing at ~'"~1..C,/ ~'_ ~ ,~,~~ residing at - 5 - ~?,,,.M,,.~DL Pd i Witnessed: COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF , L. WHITLEY SIMMONS (the testator), , and (the w messes w se names are signs o-the fo qo ng nstrument, being first duly sworn, each hereby declares to the undersigned authority that the testator signed and executed the instrument as his last will in the presence of the wftnel#ses and that he had signed willingly, and that he executed it as his 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 witness and that to the best of his or her knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. WITNESS TESTATOR• ~~~~ L. WHITLEY SIMMONS W TPiESS: WITNESSs Subscribed, sworn to and acknowledged before me by L. WHITLEY SIMMONS, the testator, and subscribed and sworn before me by and he witnesses, this (,~~ day of , 1992 . otary P~hlic JENPJIE ~. r~° a ~c Hari~t. ~, Dauphin Counr,~ h"y Ccsmmissi~n Expires Jan. 19,1993 - 6