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HomeMy WebLinkAbout07-20-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND Estate of ROBERT A. HOWARD also known as COUNTY, PENNSYLVANIA File Number ..~ ~ ! ~ ~ ~ - ~ ~!5 ,Deceased Social Security Number 123-26-4616 CYNTHIA H. GA~tDNER Petitioner(s), who scare 18 years of age or older, apply(ies) for. (COMPLETE 'A' or 'B' BELOW.) ® A. Probate sad Grant of Letters Te:bmentary and aver that Petitioner(s) is /are the E~ b?x last Will of the Decedent dated MaY 27, 2010 and codicil(s) dated None (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 execution of the instruments) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: No E~eeptions B. Grant of Letters of Administration (If 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: (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 W ALL CASES:) AtAach add~onal sheds if necessary. .... ,~F-, F C~ .M; r~1 Decedent was domiciled at death in Cumbeziand County, Pennsylvania with his /her last principal resi ~:: ' ~~ w--~---x : ,~- (List street address, townlcity, township, county, state, sip code) Decedent, then 83 years of age, died on June 27, 2010 .~. --w at CmenridRe Village, Newville, PA ~P1241 ,,~- ~'"~ Dccodent 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 ~ 20,000.00 $ 0.00 $ 0.00 $ 0.00 situated as follows: N/A named in the Form RW-Ol rev. 10.13.06 Page 1 of 2 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petirion and the grant of Letters in the appropriate form to the undersigned: Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CtTMBERLAND The Petitioner(s) above-named swear(s) or arm(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) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to a-r" aCffirnzed -and subscribed before the ~~ play of ,,,. ~.. ~~~~ ~ , FOIE; ster Signature of Personal Representative Signature of Personal Representative Q r File Number: ,,~ Estate of ROBERT A. HOWARD ,1~~~ '",~'~ . ~r •.:~ ~4~ !. ~~y _ Z i 4'~ Social Security Number: 123-26-4616 Date of Death: June 27, 2010 AND NOW, ~ ~ , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to' CYNTHIA H. GARDNER in the above estate and that the instrument(s) dated May 27, 2010 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters ............... $~ ~1 . Short Certificate(s) ........ $ 1 r~ • ~ Renunciation(s) .......... $ ~~_ ... $ - ~~.._ ... $ 67~ - ~v ~.1 ~-U /r1G~fi~C1Yt ... $ ~ - ~b ... $ ... $ ... $ ... $ ... $ ... $ TOTAL .............. $_~ ~' S~ Attorney Signature: Attorney Name: Address: 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Telephone: 717-731-9600 Form RW-DI rev. 10.13.06 Page 2 of 2 Supreme Court I.D. No.: 76361 ~n5,gpa 2°V ~m~n~A LOCAL REGISTRAR'S CERTIFICATIt3N CAF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee far this certificate, X6.00 _ This.. is t© certify that the .information here given is correctly copied from an original Certificate of Death duly filed witi~ me as Local Registrar: 't'he original certificate will be' forwarded `to the State Vital Records Office for permanent ding. 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' TsMN d wrap .alt MvrMrrr~-~raYrdiddlMbM. ndrrrarrtdiN_ ~ -- ----r.._---__-- ---- ---.• - .> - • /~~~~ /fir ^ tdl~Mrtd•IyrdaardA daaM baaaa-et - - htlbMMar.~ihwb~a,~.ea.wdrr.rwa.,`b,rwvw6 w..r.a(ai~rr.rnar.a.ww------------------ • Ila/ar~irarlCwrr ~ , dar.raa~ / 011NMtiarad.rw~a. rr~arrwa~aYearwr avYwadarA.ea.wddwb..,dra, n+vYe~,wdwbN.ar.ap~artarwr. trot ^ as Naar rr Ad6~wdraonwno caapardcrraaoarnt~ E7)nea v ~ , rd crra~ I ~ I ~ I ~ I ~ I 0 I R'''o+"'"''~'~ rrt ~J tPC ~rf/• 2 DYpoaMon vtfmiN Na, ` ~ ~Ti.~ ~, WILL A-1~tU- TESTA,1VTEi ~` cm- ~' ' !~? ~ `~ ~ t""~°i ~''-~ B W va a ~~ ~--~:, ~F_~~~ ©. ~-~ryy~ M • r• '.~,. ~1 J I, IIItT A. IItaW'ARD, now a resident of Cumberland County, Pe~~nsylvan~ publish ~- -. ~* and declare this to be my Last Will and Testament, hereby revoking X11 other prior will d codicile~ `'' ~` _~ ~~ made by me. F'IR~T: ~`w ~~~d ~tnd Amt ~f Ezr. (A) I was married to ELISABE'T'H. B. HII'W~. 5~e depart t}~s life on October 2, 2b06. The children of our m e are'~iV`~;]!~T)Y H. SC~~li~ and H. GART)l~IER. T`hraughout this Will, 9~;VARZ and C'~1~1'T~tA H GA-l~~:t, will be referred to as "my children." The word "issue" will include my children as well as my other descendants. (B) ~ Qi Ez. I appoint as my Executrix and successor Executors (all hereinafter referred Ito as Executor) under this Will, the following r-amed persons to serve without bond and without being required to account to any Court: Eze~triz: My daughter, C'YN'THTA- H. GARDNER. 5ncceasoc CaEzes~tttors: My da ~lter, WENI'DY $. SCIIVVAIi~Z and her husband FTtAI~CIS X. 5C,"~13W~ to act 'ointly or individually. J SECtyND: Fad bpd Laat II1~r~s Ez+e~: ues. (B) ~. I direct my Executor to pay any and all estate, inheritance, succession, .Iega~cy, transfer and other death taxes or duties, by whatever name called, incl ~oily and all interest and ' im sed under the laws of an 'urisdiction b re~saa~m death, nor with penalties thereon, po y 1 y Y ~ respect to any and all property included in my gross estate for the purpase of such taxes, whe'Cher such property pa ses under.or outside of this Will, out ofmy residuary estate, without being prorated or apportioned among or charged against the respective devises, legatees, beneficiaries, ta~nsferees, or other recipients of any such property or charged against any property passixig ar which ' have passed to any gf them. The Executor shall not be entitled to reimbursement far any portion of any such taxes from. any such person. 'I'mo: ~b~ie P~ Pro~rty. Except for those items excluded below and those items enumerated in the Letter of Instruction, Lbequeath to my daughxers, ~El"~Y H. SL"H~AITZ and CYN"TSIA H. GARIINf~R, all tangible personal property, including but notlimited to clothing, jewelry, heirlooms, furniture, personal effects, motor vehicles, and X11 other similar articles, which I own, and the insurance thereon, per capita. If there is any disagreement as to distribution, I direct ~~1 ~- ~- LA~_T.WII•I~~,,~ '1~ESTAME,~NT my Executor to make such distribution. The decision of my Executor shall be final and binding. Any items not selected or any items which my Executor considers unsuitable for children may be distributed or sold in the sole discretion of my Executor and, if sold, the net proceeds therefrom shall be added to the residue of my estate. Any such article allocated to a mirror may, as my Executor deems advisable, either be delYVered to the minor or to any perstrn to safeguard on behalf of the minor. Any items not selected maybe distributed or sold in the sole discretion of my executor and, if sold, the net proceeds therefrom shall be added to the residue of 1my estate. Notwithstanding any other provisions in this Article THIRD, I may leave a separate, dated and unsigned Letter of Instruction, which I shall place with my Will, containing directions as tc> the ultimate disposition of certain of the property bequeathed under this Article THIRD, and such Letter of Instruction shall determine the distribution of such items. F~OIJRTII: (A) ~i y Este. I give, devise and begw~eath all the rest, residue and remainder of my estate, of every kind and character, real, personal and mixed, tangible and intangible, and wherever situated, includingg any lapsed or renounced legacies or devises, in equal shares, to my daughters, WE3'~DY H. SC:HWARZ and C ' H. GARIfII~EER, per capita. (~)~ Admies~r Prior to fina;!1 distribution of my estate, the Executor, m his discretion, may make partial distributions to one qr more beneficiaries or Trusts. As a consequence, the Executorship .and .any Trusts created under this Will may exist contemporaneously. A distribution may be made subject to any indebtedness or liability of my estate. FIFTH: ~tr#9t~gn. No beneficiary shall shave the power to anticipate, encumber or transfer his or her interest in the estate in any manner other than by the valid exercise of a power of appointment. No part of the estate shall be liable for or charged with any debts, contracts, liabilities or torts of a beneficiary or subject to seizure or tither process by any creditor of a beneficiary. SII~'fH: Ferw-~rs of Ezecntor. In addition to the powers and duties as may have been granted elsewhere in this Will, but subject to any limitations staffed elsewhere in this Will, the Executor sha11 have and exercise exclusive management and control +of the Estate and shall be vested with the following specific powers and. discretion, in addition to the powers as may be generally conferred from time to time upon him by law: (A) In the management, care and disposition of the Estate, the Executor shall have the power to do all things and to execute such deeds and instruments as may be deemed necessary or L_ A~~'~' ~V~L ~! T"LSTAI~ENT ~~~..:.. proper, including the following powers, all of which maybe exercised without order of or report to any court: (1) To sell, exchange or otherwise dispose of any property, real, personal or mixed, at any time held or acquired hereunder, at public or private sale, for cash or on terms, without advertisement, including the right to lease for any term notwithstanding the period of the Estate, and to grant options, including any option for a period beyond the duration of the Estate. (2) To invest all monies in such stocks, bonds, securities, mortgages, notes, choses in action, real estate or improvements thereon, and any other property as the Executor may deem best, without regard to any law now or hereafter enforced limiting investments of fiduciaries. (3) To retain for investment any property deposited with the Executor hereunder. (4) To vote in person or by proxy any corporate stock or other security and to agree to or take any other action in regard to any reorganization, merger, consolidation, liquidation, bankruptcy or other procedure or proceedings affecting any stack, bond, note or other security. (5~ To use attorneys, real estate brokers, accountants and other agents, if such employment is deemed necessary or desirable, and to pay reasonable compensation for their services. (~ To compromise, settle or adjust any claim or demand by or against the Estate and to agree to any rescission or modification of any contract or agreement affecting the Estate. (~ To renew any indebtedness, as well as to borrow money, and to secure the same by mortgaging, pledging or conveying any property of the Estate, including the power to borrow at a reasonable rate of interest. (~ To retain and carry on any business in which the Estate may acquire an interest, to acquire additional interest in any such business, to agree to the liquidation in kind of any corporation in which the Estate may have an interest. (9) To register any stock, bond or other security in the name of a nominee, without the addition of words indicating that such security is held in a fiduciary LAST WII.,L A1~D TE,STA-MENT ~'~ A. P ,:4 capacity, but accurate records shall be maintained showing that such security is Estate asset and the Executor shall be responsible for the acts of such nominee. (B) In making distributions from the Estate to or for the benefit of any minor or other person under a legal disability, the Executor need not require the appointment of a guardian, but shall be authorized to pay or deliver the same to the custodian of such person, to pay or deliver the same. to such person without the intervention of a guardian, to pay or deliver the same to a legal guardian of such person if one has already been appointed, or to use the sarn+e for the benefit of such person. (G~ In the disbursement of the Estate and any division into separate trusts or shares, the Executor shall be authorized to make the distribution and divisiam in money or in kind, or both, regardless of the basis far income tax purposes of any property distributed or divided in kind, and the distribution and division made and the values established by the Executor shall be binding and conclusive on all persons taking hereunder. The Executor may in making such distribution or division allot undivided interests in the same property to several trusts or shares. (D) The Executor shall have discretion to determine whither items should be charged or credited to income or principal or allocated between income and principal as the Executor may deem equitable and fair under all circumstances, including the power to amortize or fail to amortize any part or all of any premium or discount, to treat any part or all of the profit resulting from the maturity or sale of any asset, whether purchased at a premium or at a discount, as income or principal or apportion the same between income and principal, to apportion the dales price of .any asset between ,income and principal, to treat any dividend or other distribution of any investment as income or principal, or apportion the same between income and principal, to charge any expense against income or principal or apportion the same, and to provide or fail tb provide a reasonable reserve against depreciation or obsolescence on any assets subject to depreciation or obsolescence, all as the Executor may reasonably deem equitable and just under all the cirGUrnstances. SEV~~if'TH: eta ,mod Liabi~lt~ of L~ecntor. (A) No bond or other security shall be required of any Executor. (B) This instrument always shall be construed in favor of the validity of any act or omission by any Executor, and any Executor shall not be liable for any act or omission except in the case of gross negligence, bad faith or fraud. Specifically, in assessing the propriety of any investment of the estate, the overall performance of the entire estate shall be taken into account. (C) Each Executor shall be entitled to receive reasonable compensation for services actually rendered to my estate, in an amount the Executor normally and customarily charges for performing similar services during the time which he/she performs the services. Q~ >.60~ LAST WILL AND TESTAMENT P ~ ~.~ EIGS"'~'H: T~~~ " o~ In determining the estate, inheritance and income tax liability relating to my Estate, the executor's decision as to all available tax elections shall be conclusive on all concerned. In accordance with IRC Section 2632(x) and witht~ut regard to whether a Federal estate tax return is actually filed, my Executor shall allocate so much of the Federal Generation Skipping Transfer (GST) exemption amount as will fully exempt any generation snipping transfer which may occur under this Will. ~ : i (A) ~r tel. Any beneficiary who dies within sixty (60) days after my death shall be considered not to have survived me. (B) T.~ "Trust Estate" means all assets, ho1wever and wherever acquired, including income, which may belong to a Trust at any given time. (C') ~~~. Except for discretionary distributions which may be made unequally among a group o~'persons and distributions pursuant to a valid exercise of a Power of Appointment, in making a distribution to the children of any person, the property t4 be distributed shall be divided into as many shares as there are living children of the person and deceased children of the person who left children who are then-living. Each living child shall take one share and the share of each deceased child shall be divided among his then-living descendants in the same manner. A posthumous child shall be considered as living at the death of his parent. (D) sue. Unless otherwise stated, all references in my Will to section and chapter numbers are to those of the Internal Revenue Code of 198b, as amended, or the corresponding provisions of any subsequent federal tax laws applicable to my estate. (E) ~~rt~. The use of any gender includes the other genders, and the use of either the singular or the plural includes the other. (I~ ~. The captions set forth in this Will at the beginning of the various divisions hereof are for convenience of reference only and shall not be deemed to define or limit the provisions hereof or to affect in any way their construction and application. (G) p~Crs of Anent are E~arc~ed. By this Will I exercise any Power of Appointment which I may possess at my death. ~~ ~ e,~ LA~T_ WI~,~. ANA '1'ES~TAMf,~NT RQBEI~„~~QWA~-i P IN I'55 REOF, I, ~CIBERT A. H4WAR~, tie Testator, have to this my Last Will and Testament, typewritten on seven (7) pages, including the Acknowledgment and At~idavit, set my hand and seal this 2?`'' day of May, 2010. `'~~ Signed, sealed, ppublished and declared by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who have hereunto subscribed our names at h%s request, as witnesses hereto, in the presence of the said Testator, and in the pretence of each other. Each of us further declares that he or she believes the Testator to be of sound mrnd and memory. The preceding instrument consists of this and six (6) other consecutively numbered typewritten pages including the Acknowledgment and Affidavit. (print name} residing at ~~.~-,v ~~- ~ ~~ ~~ ~~ Jere ~ -,vie (print n e) residing at ~ ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: The Testator and the witnesses whose names are signed and subscribed to the attached or foregoing instrument, being first duly sworn and qualified according to law, do hereby acknowledge, depose and say to the undersigned authority, that the Testator signed and ex~xuted the instrument as his Last Wi11 in the presence of the witnesses; that he signed it willingly or willingly directed another to sign it for him; that he executed it as his free and voluntary act for the purposes therein expressed; that each of the witnesses .were present and saw the Testator sign and execute the instrument as his Last Wi11; that each subscribing witness in the hearing snd sight of the Testator signed the will as witnesses; and that to the best of their knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. estator ___-rv . Witness itne s Sworn to or affirmed, subscribed to, and acknowledged, before me by the above-named Testator and witnesses, this 27~` day of May, 2010. :~- ~ry ~+{P . ` I ~.~~Jj Yf~~ .~ Y'. I~^T ~i f ~,ggC . 'f1~ " ~, ,. ~' ~%~ ~;.~ , ~ n `; ~~, ~ .. ~e ~,'x i "s` Notary lic My C fission Expires: COMMONWEALTH OF PENNSYLVAMA L6f1'1Qyr19 8~~~+C~be~d Y My t~a~ .ler1. ~2f~, ~l011 Membsr~ Pennayhn~ni~ Assoclntbn of Noq~tirs 4.~ ~... Vie. K • !$~