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HomeMy WebLinkAbout10-07-10PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Estate of GEORGE D. FREESTONE Deceased File No. ~~'~~ ` ~~ 1 ~ Social Security No. SARA F. FRAILEY Petitioner, who is 18 years of age or older, applies for: (COMPLETE "A" OR "B" BELOW:) A. Probate and Grant of Letters Testamentary and aver that Petitioner is the Co-Executor named in the Last Will of the Decedent, dated January 31 2008 The Decedent also named his son, George A. Freestone to serve as Co-Executor of his Last Will and Testament. Mr. George A. Freestone has renounced his right to administer the estate. 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 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 (if applicable, enter: c.t.a.; d.b.n.c.t.a.; pendent elite; durante absentia; durante minoritate Name Relationshi Residence (COMPLETE IN ALL CASES): Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at The Woods at Cedar Run, Camp Hill, Lower Allen Township, Cumberland County, 170115 (List street, address, town/city, county, state, zip code) Decedent, then 79 years of age, died on September 14, 2010 at Heath South, Mechanicsburg, Pennsylvania (Location) 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 ......................................................................................................................$. Total ......................................................................................................... $ Real Estate situated as follows: 776.000.00 Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of Letters the appropriate form to the undersigned: n Si nature T ed or rinted name and re ce - ^ ~ ~ SARA F. FRAILEY ~=: °r,~ ...~.: 358 Futurity Drive `- „--; -= -; t:~ - ~ ~ ' ~ , Camp Hill, PA17011 ,---; ;= - - _ ~ ~, -=; w 776.000.00 ,, C'7 t~.a :~' ,: Oath of Personal Representative ~ ° ' ~ _ - _ . ~,,. ;-i-; 0 , - ,; ~ COMMONWEALTH OF PENNSYLVANIA r-' ~'- ~~ ~"~ r - .~ i `i-7 . COUNTY OF CUMBERLAND ~ ~'~ l ~~ J ' ' ~ _, I`, 7 ~~ ~ ~ r F j .. . ~ ` , l _ J l The Petitioner above-named swears or affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate according to law. Sworn to and affirmed and subscribed Before me this _ ~~ ~ ~ day of /~,.,~ , 2010. '~f _~ C Sara F. Frailey File No. ~1" / ~ ~~ /~~ /',~ Estate of GEORGE D. FREESTONE ,Deceased. ~./ Social Security No: /~.~~ ".Z7 - 7/~ Date of Death: September 14, 2010 /. AND NOW, ~~~~'~~ (~ ~~" , 2010, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to SARA F. FRAILEY in the above estate and that the instrument dated January 31, 2008 described in the Petition be admitted to probate and filed of record as the Last Will of the Decedent. FEES Letters ........................... $ 5 ~ C~ ~ c:~ C~' Short Certificate(s) ~~ $ ~®~ ~ Renunciation...........`. $ S. O ~ Affidavit ( ) .................. $ Extra Pages ( )....... $ Codicil ............................ $ JCP Fee ....................... $ ~ :~ ~ ~ Inventory r ,/ ...... ~ ~ $ 5 ~~ C~ : Other..........~!!'..!. . ........ $ ~ S C~ TOTAL......... $ `~' ~ ~ 5 C~ Attorney: EDMUND G. MYERS I.D. No: 20558 Address: Johnson, Duffie, Stewart & Weidner 301 Market Street, P.O. Box 109, Lemoyne, PA 17043- Telephone: 717-761-4540 Attorne Si nature: Y Last Will and Testament OF GEORGE D. FREESTONE I, GEORGE D. FREESTONE, of Fairview Township, York 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 and making void any and all Wills or Codicils at any time heretofore made by me. ARTICLE I DEBTS I direct the payment of all my legal debts and the expenses of my last illness and funeral from my Estate as soon after my death as conveniently may be done. ARTICLE II TANGIBLE PERSONAL PROPERTY I give and bequeath my motor vehicles(s), household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, unto those of my children, GEORGE A. FREESTONE, SARA F. FRAILEY ~. and PAUL R. FREESTONE, who survive me, to be divided among them in as nea~ares ads practicable. T c~ .~ . - - -~ ~~ t~ :.v _~ .. ;~• C.~? ~"' ~~ ?-.. ;; ARTICLE III BEQUEST TO CHRIST UNITED PRESBYTERIAN CHURCH I give and bequeath the sum of TEN THOUSAND ($10,000.00) DOLLARS unto CHRIST UNITED PRESBYTERIAN CHURCH, 421 Deerfield Road, Camp Hill, Pennsylvania 1701 1. Because I believe post high school education is vital, I direct that the funds be utilized from time to time as follows: the Church, acting through its Trustees, shall use the :funds to assure that a child of a Church family may continue college or university study which opportunity would otherwise be denied because of economic hardship suffered by the child's family as a result of unexpected loss of employment, the cost of catastrophic illness, or other economic emergency. I direct that the Trustees shall have wide latitude and discretion in carrying uut this objective. ARTICLE IV REST, RESIDUE AND REMAINDER I give, devise and bequeath all the rest, residue and remainder of my Estate, of whatsoever nature and wheresoever situate, unto my children, GEORGE A. FREESTONE, SARA F. FRAILEY and PAUL R. FREESTONE. Should any child predecease me, I give, devise and bequeath such deceased child's share unto his or her then-living issue, per stirpes. ARTICLE V DISTRIBUTION TO BENEFICIARIES UNDER THE AGE OF 25 /INCAPACITATED PERSONS Whenever my Personal Representative is directed to distribute property to or for the benefit of any beneficiary who is under (a) twenty-five years of age, or (b) a legal disability or otherwise suffers from an illness or mental or physical disability that would make distribution directly to such beneficiary inappropriate (as determined in my Personal Representative's sole discretion exercised 2 in good faith), my Personal Representative may distribute such property to the person who has custody of such beneficiary, may apply such property for the benefit of such beneficiary, may distribute such property to a custodian for such beneficiary, whether then serving or selected and appointed by my Personal Representative (including my Personal Representative), under any applicable Uniform Transfers to Minors Act - or Uniform Gifts to Minors Act, or may distribute such property directly to such beneficiary without liability on the part of my Personal Representative to see to the application of such property. This provision shall not in any way operate to suspend such beneficiary's absolute ownership of such property or to prevent the absolute vesting thereof in such beneficiary. ARTICLE VI POWERS OF PERSONAL REPRESENTATIVE My Personal Representative shall have the following powers in addition to those vested in them by law and by other provisions of my Will applicable to all property, whether principal or income, including property held for minors, exercisable without court approval and effective until actual distribution of all property: A. To make distribution in cash or in kind , or partly in cash and partly in kind, and in such manner as they may determine. B. To retain any or all of the assets of my Estate, real or personal, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. C. To invest in all forms of property without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. 3 D. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper. E. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper. F. To compromise any claim or controversy. G. To make such elections, decisions, concessions and settlements in connection with all income, estate, inheritance, gift, generation-skipping or other tax refunds and the payment of such taxes as my Personal Representative shall deem appropriate, without obligation to adjust the distributive share of any person thereby affected. ARTICLE VII PERSONAL REPRESENTATIVE I name, constitute and appoint my daughter, SARA F. FRAILEY, and my son, GEORGE A. FREESTONE, Co-Executors of this, my Last Will and Testament. Should either fail to qualify or cease to so act, I direct that the other complete the administration of my Estate. I direct that no fiduciary appointed herein shall be required to post bond for the faithful administration of the duties required in any jurisdiction. 4 IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this ~ ~ ~ ~' day of '~ c~ ~•~~,~'-~~ 2008. ,(SEAL) GEORG~'1 D. FREESTO Signed, sealed, published and declared by the above-named testator as and for his Last Will and Testament, in the presence of us, who at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. -, j y- ~ ~,, W L .~ 5 AFFIDAVIT AND ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND We, GEORGE D. FREESTONE, ~ ~~ ~~ ~''~ ~ /~ y~ /~ and `'~j ~C'~-~ E~ ~ ~r~SS /~ y ,the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the utldersigned authority that the Testator signed and executed the instrument as his Last Will 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/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. GEORG D. FREESTONE ~> - ~ ~ Witness °____-_ ~~ Witness Subscribed, s ~~~orn to and ac~unov-.rledged before me by GEORGE D. FREESTONE, Testator, and subscribed and sworn to before me by t'.~ ~ ,~ t'~ ~~~ ~ ~',¢'S and ~~ t ~ ~~~,=r ~ ~' - ~"~t SS i D / ,witnesses, this day of ,~~~ ~~~,,.., , 2008. .. Notary Public :321603v3 ~NNSYLVANIA i =' ~ ~f.~~•~~i~ ~, ...£ 't~.._' y' ~4'~ 4rr,, ,,,, ~~} ~ +~ i ~ ~ ~-~~„ P~~ay 30, 2011 ~ t ~, ~~r:~ ..._ . _ .~.. ~~:~~, of t~f~taries 6 RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of GEORGE D. FREESTONE ,Deceased I, GEORGE ~ FREESTONE. a son of the Decedent and named Co-Executor of the Will dated JANUARY 31 2008 hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters Testamentary be issued solely to SARA F. FRAILEY, daughter of the Decedent and named Co-Executor. i WITNESS my hand this ~ ~ day of 18 ~,~ era ~are~ Executed in Register's G-ffice SWORN to and subscribed before me this day of , 2010. Deputy for Register of Wills ~- c~_ ~__.i . ~ f--- ~._, i, ~Y^'~ ' - ~_... ..: .mw.... ~ .-~-, :~~ -. --- .r , __ .__.~ N `. -- ~<~ ~__, ` -. CJ -1 ~. _ L.J f...._ °c~.. Cv? 0'-~ ~~ L.~ ~ ~,,.d Sk~ ~~T 2010. - - Georg A. eestone 804 Redwood Avenue Wyomissing, PA 19610 Executed out of Register's Office COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~ ll.~ Before the undersigned personally appeared the party executing this Renunciation and certified that he executed the Renunciation for the purposes stated within on this ~$ ~° day of Q. rr, 2010. .~ Notary blic My Commission Expires: ~ ~ - l 3 . L~ `~ .~ caua~.+: ~.r....t. w,irewnacw,aw.crN~.ra+uarwuon.a~v~a~~.