HomeMy WebLinkAbout11-05-10PETITION FOR PROBATE AND GRANT OF LETTI~RS
REGISTER OF WILLS OF CUMBERLAND
Estate of HOPE F'. FRY
also known as
Deceased
Social Security Number 175-40-5665
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
~/® A. Probate and Grant of Letters Testamentary and aver that Petitioner(sl is /are the EXECUTRIX
last Will of the Decedent dated SEPTEMBER 17, 2010 and codicil(s) dated
(State relevant circumstances, e.g., renunciation, death of executor, etc.1
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrurnent(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
B. Grant of Letters of Administration
COUNTY, PENNSYL~TANIA
File Number
(If applicable, enter: c. t. a.; d: b. n. c. t. a.; pendente liter durante absentia; durante minoritai`e)
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: ilf~
Administration, c.t.a. or d. b.n.c,.t_a.. enter date of Will a~n Section A above and comlalete list of~eirs.,~ C~~~-
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Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his /her last principal residences `~~ _
19 W. BIG SPRING .AVENUE NEWVILLE CUMBERLAND COUNTY PENNSYLVANIA 17241 _ -
(List street address, tot+~nlcity, to~ti°nship, county, state, yip code)
Decedent, then 513 years of age, died on OCTOBER 6, 2010 at 1~ W'. 131(1 5P1Z1NCi Avr.N~~r,, ~~t,w v ti,t.t/, -
CUMBERLAND COUNTY, PENNSYLVANIA _ -
Decedent at death owned property with estimated values as follows:
(lf domiciled in PA) All personal property
elf not domiciled in PA) Personal property in Pennsylvania
(lf not domiciled in PA) Personal property in County
Value of real estate in Pennsylvania
$ 20,000.00_
$- -
$ 150,000.00
situated as follows: - 9 W. BIG SPRING AVENUE, NEWVILLE, PA; 600 GRAHAMS WOODS RD., NEWVILLE, PA
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:
Si nature T ed or rinted name and residence ~
/ f`'~ l~ LOVE F. BAKER, 65 KISSME ROAD, NEWVILLE, PA 17241
named in the
Form RW-02 rev. 10.13.06 Page 1 Of Z
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
The Petitioner(s) 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) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before nie the ~~ ~' day of
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r.~tgnature of Personal Representative
~~ ~ ~ } ~ ~'~- ~ ~ ~~ ~ ~ Signature of Personal Representative ~ ~
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Estate of I-IOPE F. FRY ,Deceased
Social Security Number: 175-40-5665 Date of Death: OCTOBER 6, 2010
AND NOW, ~~~~ ~, ~„'~~' '~1~ 1~ x~~ ~ ' ~~ ~-'C' 1 ~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters TESTAMENTARY
are hereby granted to LOVE F. BAKER
in the above estate
and that the instrument(s) dated SEPTEMBER 17, 2010
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES -~i~.~ i i) (~'lC~i 'C ~`') l ~ ~ i - ~ ~ i ~~~~ ~~ i ~ ~~~ j
Register of Wills `-~ "~~,~ ! { { ('~ (~~ ~' '' ! ~`~(
Letters ............... $ 260.00 ,
8.00 V {
Short Certificate(s) ........ $ Attorney Signature:
Renunciation(s) .......... $
JCP 23.50 Attorney Name: DOUGLAS G. MILLER, ESQUIRE
... $
AUTOMATION FEE $ 5.00 Supreme Court I.D. No.: 83776
WILL $ 1 s.oo
Address: 60 WEST POMFRET STREET
... $
• • • $ CARLISLE, PA 17013
... $
... $
' $ Telephone: (717) 249-2353
... $
TOTAL .............. $ 311.50
Form RW-02 rev. 10.13.06 Page 2 of 2
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\ Ht05-f 43 REV ,1)2006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
TYPE 1 PRINT 1N
PERMANENT
CERTIFICATE OF DEATH
BLACK INK (See instruCtlons and examples on reverse)
STATE FILE NUMBER
1. Name of Decedent (Frst, rtwddle, last, sulfa) 2. Sex 3. Soaal Sttcuriry Nutnher 4. Date of Death (Monty, d , year)
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Hope F Fry Female 175 ,40 - 5665 ,
October 6
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5. Age (Call Bidttday) thtder 7 year Under 1 day 6. Date d BiM (Monet, day, year) 7. Birthplace (City and stale a lrx ei country) ea Place d Deem (Check only one)
5 8 "~'"" ~Y' '~"' ~"""" May 13 , 19 5 2 N e wv i 11 e P A HgspiW: Deter
Yrs. ^ Inpatie nt ^ ER / Otgpetient ^ DOA ^ Nursing Home [~ Residence ^Other -Specify:
- Lb. County d Death &. City. Born. Twp. of Death Bd. FadNly Name (e not kaaWtlon, give street and clamber) 9. Waz Decedent d Hispanic Odgin? ~ No ^ Ves 10. Race: American Indian, Black, Wlrte, etc.
' J Cumberland Newville 19 W. Big Spring Ave (llyes,spetdycnban, (sperm
Mexican, Pue"o Rican. at°.) whit e
'1. Decedent's Usual Occ lion IGird d vrork d one du most d ~ life. Do not state rented 12. Was Decedent ever m Ute t3. Decedents Education (Specify only highest grade comp leted) 14. Marital Status: Married, Never Mametl, 1.5. Surviving Spo use (II wife, give maiden name)
Kxd d Work Kind d Brrsiness / Irdrully U.S. Armed Forces? Elementary !Secondary (412) College (1-4 a 5*) WriO~"' Divorced ('
Librarian University ^Yes[~No 12 Never Married
'6. Decedent's Mailktg Address (Street. city /town. state, zip code) Oecadanys p A Did Decedent
19 W . Big Spring Ave ~~ Residert~ 17a. Sate Live m a , 7c. ^ Ves, Decedent lived in _Twp.
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16. Father's Name (first, midde, last, suffix)
Clarence W. Fry 19. Homer's Name (First, nkddle, maiden sumanre)
Frances Snyder
20a. Inlormanfs Name (type /Print) 20b. Intortnant's Mailing Address (Street, ary !town, state, zip cads)
:Love F. Baker 65 Kissme Road Newville PA 17241
21a. Matted d Disposition i ^ Cremation [~ Dorwtion 21 b. Dale d Disposition (Month, day, Year) 21t. Place d Disposiion (Name of cemetery, cremalary a Omer place) 21d..toglion {CAy jj ~, sla , ztp wda)
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w ^ Burial ^ Remwa+ fran Slate ~ wa. Cramribn or Don.don Awtor~.d
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s~xta~b 22b. License Ntxnber 22c. Name and Address d Facility .
Egger Funeral Home Iric:
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Corttnlete aema 23a< only when aertitying
physidan is na available al Moe d deem to the best d'mY knaMedge, deem at dte rhos, dale and ~ stabd. (Sgnattxe and fhb) 23b. nse Number 23c. Date Signed (Monet, day, Year)
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' Items 2446 must be completed by person 24. Txrie of Deam ' 25. pet Dead (Morten, day, year) 26. Was Case fietened to Medical Examiner / Coroner la a Reason Omar than Cremation or Donatwn?
, who pronoretces dim. ~ ~ ~-4J ~ M. ir'~Q~ ~ ~ / Ll ^ Ves ~ No
CAUSE OF DEATH (See Instructlons one examplaa) r Approximate ktterval: Pan II : Emer Deter ~ spy, 28. Did Tobacco the Carrhibute to Deem?
Gem 27. Part I: Enter the gl~ - 66eases, , a tnrrtpir86ons -that directly caused lha dr~6t. DO t40T enter lemma) evens such as cartkac arrest, t Onset ro Deem
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29.11 Female:
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ue to (a as a consequence oQ: ^ Pragnam ri time d deem
Skeag6urewMieAytist rnrtditiorts, it arty, b.
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^ Unkrtoem 4 pregnant wghin the pass year
30a. Was an Autopsy 30b. Wtxe Autopsy Fxtdxgs 31. Mamter m 32a. Date d Irytxy (Month, day, year) 32b. Descmbe How lmjury Omxred 32c. Place d Injury: Hone, Farm, greet, Facrory,
PerbmretR Aveiabb Prior to Corrykrlien
d cause d Deem?
ttual ^ Flomicide OMice Budding, etc. (Specify)
^ Yes ^ Yes ^ Nn ^ Aaadenl ^ Penrang Investigatron 32d. Time d Injury 32e. Inryry at Work? 321. If Transportation Iryury (Specify) 32g. Location of Injury (Brest, rity /town, slate)
^ Suicide ^ Coukf Na be Determined ^ Ves ^ No ^ Driver /Operates ^ Passenger ^ Pedestrian
M Omer - Spea/y: _
33a. Certifier (Check only one) 336. Sgna a r
' Canilyktg physkfan (Physician certityktg cause d deem when another physician ttac pronounced death and completed teem 23) / '
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Pronourteltg and ~hrog pMy~ (Physician t>om prortatstcing deem and cedilyktg to case d deem) 33c. nse r 33d. Date Sg eel (Montt day year)
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To the beat rN ten krroarbdge, rkatlt accursed ri the drne, dale, and place, and due to the cawa(e) and ntenrtar as stated_ _ _ _ _ _ _ _ - _ _
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LAST SILL ADD T.~'S TA~VIE'NT
I, HOPE F. FRY, of the Borough of Newville, Cumberland County, Pennsylvania, being
of sound mind, disposing memory and full legal age, do hereby make, publish and dE;clare this to
be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me.
ONE. I direct my Executor or Executrix, as the case may be, to pay all of my
debts, funeral and administrative expenses as soon as convenient after my decease. FurtheY-more,
I direct that all state, inheritance, succession and other death taxes imposed or payable by reason
of my death and interest and penalties thereon with respect to all property composing of my gross
estate for death tax purposes, whether or not such property passes under this Will, s17a1~ be paid
by the Executor or Executrix from my estate, and that none of the aforesaid taxes shall be
prorated among those persons or entities named herein or otherwise beneficiaries hereunder.
TWO. My Executor or Executrix may, at his or her discretion, compromise
claims, borrow money, retain property for such length of time as he or she may deem proper;
lease and sell property for such prices, on such terms, at public or private sales, as he or she may
deem proper; and invest estate property and income without restriction to legal investments
unless otherwise provided hereunder. I authorize and empower my Executor or Executrix i:o sell
any realty and/or personalty owned by me at my death and not specifically devised or bequeathed
herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale
therefore, in fee simple, as I could do if living. My Executor or Executrix is aut~~orized and
empowered to engage in any business in which I may be engaged at my death, for sucl~~~.od of -- .V ,
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time after my death as seems expedient to said Executor or Executrix. ~ yT ~ -~ ~ ~ ~'
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THREE.. I give, devise, and bequeath all of my estate of whatever nature and
wherever situate in equal shares to the following individuals; MACKENZI~; BAKER,
TOPENGA MALLOY, SOPHIA MALLOY, KRISTA ELICKER, and KARLA ELICKER, per
stirpes, which provides that the child or children of any deceased beneficiary shall take the share
their parent would have taken if living, provided however, that in the event that any of my heirs
or beneficiaries are under the age of twenty-five (25) years at the time of my decease, then in that
event, their respective share hereunder shall be held in trust by the hereinafter named Trustee in
accordance with the provisions of Paragraph Four below,
FOUR. If my heirs or beneficiaries are under the age of twenty-five (25} years at
the time of my death and inherit any assets under Paragraph Three above, the hereinafter named
Trustee shall hold their respective shares in trust according to the following terms and
conditions;
A. Upon the creation of this Trust, the Trustee shall divide this tr~~st principal
into individual shares in the name of each heir or beneficiary in the amount equal to the
amount that said heir or beneficiary inherited hereunder. The Trustee, as well as my
Executor or Executrix, as the case may be, is hereby authorized to retain, unconverted,
any property, real or personal, that I may own at my death and shall be under no duty to
convert it into legal investments. The Trustee shall have the power and authority to sell,
transfer, convey, invest and reinvest and to pay over the net; income of the trust property,
to or for the use of said heir or beneficiary, or to accumulate it in the sole discretion of the
Trustee. The Trustee is also authorized and empowered to pay over to, or for the. us,e and
benefit of my heirs or beneficiaries such portion. of or all of the principal of the trust
estate as in the Trustee's sole discretion seems proper for their continued support,
maintenance, education, or medical care. My primary objective is to insure ~~he support,
2
maintenance, education and medical care of my heirs and beneficiaries until they obtain
an undergraduate degree from an accredited college or university or reach the age of
twenty-five (25) years, whichever occurs first. Notwithstanding the above purpose of this
trust, the Trustee, in the Trustee's sole discretion, may distribute any of the trust principal
or income for the benefit of any of my heirs or beneficiaries for any such purpose as the
Trustee deems reasonable under the circumstances such as but not limited to the purchase
of real property, tuition for further education, or any other purpose which would in the
Trustee's sole discretion advance the best interest of said heir or beneficiary. Any
payments made hereunder may be made by the Trustee directly to my heirs or
beneficiaries, or to such of them as may be, in the sole opinion of the Trustee., of such age
and ability to properly handle the funds so paid to such heir or beneficiary.. or may be
made by the Trustee directly to the person having the custody and care of any of mfr heirs
or beneficiaries, or may be made by the Trustee directly to any institution entitled to such
payment by reason of services rendered or to be rendered to any of my beneficiaries.
B. When my beneficiaries obtain an undergraduate degree from an accredited
college or university or reach the age of twenty-five (2S) ;years, whichever occurs first,
then whatever remains of income or principal of the said heir's or bene~iciarv's divided
share under this trust estate shall be distributed to said heir or beneficiary, per stirpes,
which provides that the child or children of any deceased heir or beneficiary shall take the
share their parent would have taken if living. In the event that any said heir or
beneficiary becomes deceased prior to the final distribution hereunder without leaving
surviving issue, said deceased heir's or beneficiary's share shall be divided equally
between all of the heirs and beneficiaries who are a part of this trust and distributed in
accordance with this Paragraph.
3
FIVE. I nominate and appoint my sister, LOVE F. BAKER, or if she is not able
or does not serve for whatever reason JESSE W. ELICKER, JR., or if he is not able or does not
serve for whatever reason, his wife, ALISA J. ELICKER, to serve as Trustee of the Trusts
created in Paragraph Four hereof.
SIX. I nominate and appoint my sister, LOVE F. BAKER, to be the Executrix
of this my Last Will and Testament. In the event she has predeceased me, failed to qualify or is
not able or does not serve for whatever reason, I then appoint JESSE W. ELICKER, JR., to be
the Substitute Executor of this my Last Will and Testament. In the event that he has predeceased
me, failed to qualify or is not able or does not serve for whatever reason, I then appoint his wife,
ALISA J. ELICKER, to be the Substitute Executrix. whereby the said substit~~te personal
representatives shall have the same powers as are given to the original Executrix hereunder.
STEVEN. No person(s) shall benefit hereunder unless such beneficiary shall survive
me by sixty (60) days.
EIGHT. No Executrix, Executor, or Trustee acting hereunder shah be required to
post bond or enter security in this or any other jurisdiction.
NINE. No beneficiary may assign, anticipate or pledge his or her interest in any
income or principal held or distributable hereunder, and no beneficiary's creditors may levy,
attach or otherwise reach any such interest.
TEN. The Trustee, as well as my Executor or Executrix, shall have the following
powers, in addition to those vested in it by law, for my property held for the benefit of my heirs
or beneficiaries, whether income or principal, exercisable without court approval and effi~ctive
4
until the distribution of all property under the terms of the trusts set forth in Paragraph Four
hereof:
The Trustee, at his, her or its discretion, may compromise claims, borrow money
or retain property for such length of time as he, she or it may deem proper, sell lease,
pledge, mortgage, transfer, exchange, convert or otherwise dispose of or grant option of
all or any portion of trust property for such prices and on such terms in public or private
transactions as he, she or it may deem proper; and invest trust property and income
without restrictions to legal investments. The determination of the Trustee with respect
to the advisability of making payments out of the income or principal to arty child or
beneficiary inheriting hereunder shall to conclusive and binding on all persons howsoever
interested in the respective trust. Further, the Trustee shall he authorized to receive
additions to the respective trust of any kind or any property whatsoever from sources
other than my estate and at an~~ time in the sole discretion of the Trustee.
ELEVEN. The validity and administration of any trust established hereunder ar~d any
questions or disputes relating to the construction or interpretation of any said trusts shall be
governed and construed in accordance with the laws of the Commonwealth of Pennsylvania..
TWELVE. If any person or institution entitled to share in any distribution under the
terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest
the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its
entire interest inherited hereunder and all provisions in favor of such person or institution shall
be declared void. and of no effect. The share of such person or institution so forfeited shall be
distributed as part of the residue herein except that if such person or institution is entitled to share
in the said residue, that interest shall be distributed proportionately to the othF;r residuary
distributees.
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BIa,~1NK]
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~~1^'ciay of
September, 2010.
~._. _ /~ T
HOVE: F, FRS'
Signed, sealed, published and declared by the above-named person as and for• a Last Will
and Testament, in our presence, who at said person's request, in said person's presence and in the
presence of each other have hereunto set our names as subscribing witnesses.
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ACKNOWLEDGMENT AND AFFIDAVIT
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WE, HOPE F. FRY, DOUGLAS G. MILLER and /`j~ ~.! , _, the
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testatrix and witnesses respectively, whose names are signed to the foregoing instrl:~ment, being
first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and
executed the instrument as her last will and that she had signed willingly, and that she executed it
as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in
the presence and hearing of the testatrix, signed the will as a witness and that to the best of their
knowledge the testatrix was, at that time, eighteen years of age or older, of sound mirici and under
no constraint or undue influence.
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OPE F. FRY
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'N O GL S G, IL ER
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
Subscribed, sworn to and acknowledged before me by HOPE F. FRY, the testatrix
herein, and _,_subscribed and sworn to before me by DOUGLAS G, MII:.,LER and
,witnesses this 1
~ ., ~ ,. i ~,~ ~ C; -' ° __~__x_-' day of September, ~0 ~:
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