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HomeMy WebLinkAbout12-02-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of ELISE M. BAKER File Number 21 ~ 10 also known as Deceased Social Security Number Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE A' OR 'B' BELOW.) Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the last Will of the Decedent dated ~ 1/212009 and codicil(s) dated amed in the CO-EXECUTOR THE HERSHEY TRUST COMPANY - RENOUNCED IN FAVOR OF JEFFREY W. BAK R'' (State relevant circumstances, e.g., renunciation, death of executor, etc.) i Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution for probate was not the victim of a killing and was never adjudicated an incapacitated person: of the instruments offered , B. Grant of Letters of Administration (If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter duranteabsentia; d Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) rar¢teminoritate) pause (if any) and e~ eirs: (If Name Relationshi R e:a ~ n t-~ ~. 7 r- ~~ R! ~ ~ ~ ~ (COMPLETE WALL CASES:) Attack additional sheets ijnecessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last princip '~ residence at ~ (List street address, town/city, township, county, stare, zip code) Decedent, then 93 years of age, died on 10/28/2010 at 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 $ 125 E. GREEN STREET, SHIREMANSTOWN, PA 17011 situated as follows: I Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant o the undersigned: ~ f in the appropri to form to Si Typed or printed name and residence JEFFREY W. BAKER Form RW-02 rev. 10.13.06 Pa i e 1 of 2 G. 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 tc the lrnowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, P titione~(s) will well and administer the estate according to law. ~ ,~ Sworn to or affirmed anti subscribed befo me the day of /j, ~.~~ For the Register Representative JEFFREY W. Signature of Personal Representative Signature of Personal Representative File Number: 21 Estate of ELISE M. BAKER Social Security Number: 1$0096349 Date of Death: 10/28/2010 AND NOW, , in consideration of the foregoing having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to JEFFREY W. BAKER and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and FEES _ ~L(,t~td(~) ~~~ Letters ............................. $ Short Certificate(s) •••••••••••• $ Attorney Signature: Renunciation(s) •••••••••••••••• $ $ Attorney Name: "" $ Supreme Court LD. No.: .... $ „•, $ Address: .... $ .... $ .... $ .... $ $ Telephone: TOTAL ............................. $ of m 0 r~ c7 s N Z W .c- .. best of ~t~ satisfactory in the abode estate Form RW-02 rev. lo.ls.o6 Page~2 of t 105.805 REV 701/071 ._ - LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat ar photograph., . -h' to certi~ that the info tion here given is Fee for this certificate, $6.00 is xs y fr al ertificate of Death >rrecaly copie~ om an ong~n !ly filed with~~ me as Local Re 'strar. The original, ;rtificate will be forwarded t the State Vim;` ec~ord/s O~f e f rmanent fii' g. 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BAKER // 2 t i© t~J Executed iae Register's O,~#ce Sworn to or affirmed and subscribed before me this day of Deputy for Register of Wills ~~. ~~ (sr 1 o.,,~ mss: C~'vGv~ (Stnset Addieaa) t~QSrfFE q ~~¢ ~ (Crry, ware, zrp) Executed out of Register's O,~ Before the undersigned person party executing this remmciati that he or she executed the ran purposes stated wi on thisc of , My (SignNure and Seat of Notary or other otificial administer oaths. Show date of expiration of T w 0 c~ N w peered the certified a,~a for the day ~c~ n ~~ ~~ =~ c -== E-r, ~:~ a3 to I poRartal Seal IcepY ]• ~roaooak tVOhry For-~ RW-06 nn: 10.13.A6 SMA>hfa ~~ ONIplhM1 ~ LA8T WILL AND TESTAMENT BE IT REMEMBERED THAT I, ELISE M. BAKER, a resident of Cumberland County, being of sound mind, memory and understanding, do make declare this to be my LAST WILL AND TESTAMENT, hereby revol all Wills and Codicils previously made by me. I I declare that I am not married, and I have two (2) sons, BAKER and DENNISON H. BAKER. II I direct that all my just debts and funeral expenses shall be residuary estate as soon as practicable after my decease. III publish any and JI~FFREY ~ paid from n I direct that all taxes that may be assessed in consequence o~ my c of whatever nature and by whatever jurisdiction imposed, shall be paid *ry residuary estate as a part of the expense of the administration of my e; IV I give and bequeath the sum of One Hundred Tho' ($100,000.00) to my son, JEFFREY W. BAKER. If my son, BAKER, predeceases me, I give and bequeath this sum to my d~ CAROL A. BAKER, per stirpes. V I give, devise and bequeath my real estate situate at 125 E. Shiremanstown, Pennsylvania, along with all of its contents, to ZACHARY W. BAKER, my son, JEFFREY W. BAKER, and my da CAROL A. BAKER, in equal shares, per stirpes. VI I give and bequeath the sum of Twenty-Five Tha ($25,000.00) to my grandson, ZACHARY W. BAKER, per stirpes. -lawl ry' grandson ~hlter-in-law U ~~ ~~ ~~ :?~ Q m ~ c'~ ~~ d ~. 1'-' ('T ~.~ f VII I give and bequeath the sum of Ten Thousand Dollars ($10000.00) to granddaughter, DARIA N. BAKER, per stirpes. ~ VIII I give and bequeath the sum of Five Hundred Dollars 0500.00) RACHEL E, CRAWFORD, per stirpes. IX I give and bequeath the sum of Five Hundred Dollars DARTANIAN A. CRAWFORD, per stirpes. X I give and bequeath the sum of Four Thousand Dollars SHIREMANSTOWN CHURCH OF GOD. XI 0500.00) ,000.00) t I give and bequeath the sum of Twenty-Five Thou ($25,000.00) to CASSANDRA JO CRAWFORD, per stirpes. XII I give and bequeath the sum of One Thousand Dollars GWENDOLEN K. STEWARD, per stirpes. XIII I give, devise, and bequeath all the rest, residue and rem property, whether real or personal, wherever situate, including over which I may have a power of appointment, as follows: Fifty Percent (50%) to the hereinafter included Trust for my law, CAROL A. BAKER. Fifty Percent (50%) of the residue to the hereinafter included son, JEFFREY W. BAKER. (1 a 000.00) ~ of daughter-in trrust for 2 XIV CAROL A. BAKER TRUST I appoint THE HERSHEY TRUST COMPANY as Trustee of t'Fh~ assets I have given to my daughter-in-law, CAROL A. BAKER, in this W' 1. A. The Trust estate shall be administered during the liftetime of son, DENNISON H. BAKER. If my daughter-in-law, CAROL A. AKER, sho d die before my son, DENNISON H. BAKER, then this Trust shat continue b t my son, JEFFREY W. BAKER, shall be substituted as the son, JEFFREY W. BAKER, should also predecease my son, BAKER, then my grandson, ZACHARY W. BAKER, shall be su beneficiary. If my grandson, ZACHARY W. BAKER, should also son, DENNISON H. BAKER, then CASSANDRA JO CRA' substituted as the beneficiary. If JEFFREY W. BAKER or ZACHARY W. BAKER beneficiary, then all other terms and conditions of this Trust effect. If CASSANDRA JO CRAWFORD should succeed as the iary. If NNISON sited as decease m D shall 1; ..become th it remain i ciary, the one-half (1 / 2} of the proceeds ($750.00) derived from the Trust hall be t for the purposes specified in this Trust, but the other one-hal (l / 2) of proceeds ($750.00) shall be used for her and her family as she see fit. B. The sum of One Thousand Five Hundred Dollars ($ ,$00.00) month shall be paid to or applied for the benefit of CAROL A. shall be adjusted annually to reflect the cost of living. C. It is my desire that during the lifetime of H . BAKER, ~ to the extent that benefits are not made available to DENNISON .BAKER for other than basic living expenses including food and shelter, CARO A. BAKER, or a successor beneficiary, in her absolute discretion, may dis 'bute from income and principal to or for the benefit of DENNISON H. BASER for his needs other than basic support. For the purposes of this pro~ision, non- support purchases include, but are not limited to: dental I~ cdre; non- reimbursable medical expenses not covered by Medicare o~ ,Medicaid, 3 including plastic and reconstructive surgery, diagnostic work ajnd rehabilitative training .and experimental medical services; ', sub nursing care; recreation, cultural experiences, outings and tr wel, payment for others to accompany my beneficiary; telephone d including cable television; reading and educational materi s computer equipment and programs); exercise equipment; and n1i therapy. CAROL A. BAKER'S, or her successor's, discretio (incl in distributions authorized hereunder, is absolute, full and comple a with to distributions from the Trust estate, and shall be binding on a~~l int persons. If possible, CAROL A. BAKER, or her successor shall distributions directly to the service provider and not to my disabl d'child. In making any distribution to or for the benefit of DENNIS~ CAROL A. BAKER, or her successor, must recognize th expenditures are to satisfy only non-support needs an~ contributions, if any, are not intended to displace any soup otherwise available to DENNISON H. BAKER for his basic suI food and shelter), including any governmental assistance prog DENNISON H. BAKER is or may be entitled. No portion of intended to be a resource of DENNISON H. BAKER. D. In the event that income shall be insufficient to make the Trustee may invade the principal of this Trust for this purpose E. The Trustee has the right to make discretionary payn the benefit of CAROL A. BAKER or any successor beneficiar education or welfare. F. The Trustee shall accumulate and add to principal ~f the Trust not paid aut in accordance v~rith the discretion here on the Trustee. V H. BAKE , t any suc that suc e of incom port (such a ~m to whit his Trust i the paymen eats to or fo ~ for health y net income G. Upon the death of my son, DENNISON H. BAKER, remaining in the Trust shall be distributed to my son, JEFFREY V if he is not surviving, to my daughter-in-law, CAROL A. BAKER, o~ tine baler . BAKER, if she is ~ 4 surviving, then to my grandson, ZACHARY W. BAKER. If ZA~HARY sho also not survive, -then the balance shall be paid to CA~~ANDRA CRAWFORD, per stirpes. However, distribution shall not be ma a ito ZACH under this clause unless he has reached his 35~ birthday. Pri r to that ti distributions of $1,500.00 as set forth above shall be made to him on monthly basis. H. The beneficiary of this Trust, shall not have any ri ~ to alienal encumber, or hypothecate his interest in the principal or income f the Trust any manner, nor shall any interest be subject to claims of his cr di~ors or liak to attachment, execution or other process of law. a I. In order to carry out the purposes of this Trust ester li~shed by Will, the Trustee, in addition to all other powers granted by this X11 or by la shall have the following powers over the Trust estate, subject to amy limitati ~ specified elsewhere in this Will: ~ 1) 2) 3) 4) 5) 6) '7) 8) To retain any property received by the Trustee a tote for as long as the Trustee considers it advisable. To spend funds for the maintenance and repair f deal property. To sell at public or private sale, exchange or lea $or a period of time any real or personal property and 'fie options for sate of the lease. To execute and deliver any deeds, leases, assign elnts or other instruments as may be necessary to 'out the provisions of this Trust. To borrow money and to mortgage or pledge any regal or personal property. The Trustee shall maintain accurate records and accounts and shall render statements to my beneficiary h reiunder showing receipts and disbursements of principal a~ad income no less frequently than annually. To distribute property in kind. To do all other acts that are in his judgment ne essary or desirable for the proper management, investme t and distribution of the Trust estate. 5 XV JEFFREY W. BAKER TRUST I appoint THE HERSHEY TRUST COMPANY as Trustee of et Trust have established. for my son, JEFFREY W. BAKER under this Wil . A. The Trust Estate shall be administered during ~$ lifetime JEFFREY W. BAKER. B. The sum of One Thousand Five Hundred Dollars ($1;500.00) month shall be paid to or applied for the benefit of JEFFREY W. BAKER. shall be adjusted annually to reflect the cost of living: C. In the event that income shall be insufficient, th~ ~'rustee invade the principal of this Trust to make such payments. ~ D. The Trustee shall accumulate and add to principal y net of the Trust not paid out in accordance with the discretion herea on the Trustee. E. The Trustee has the right to make discretionary payments to or the benefit of JEFFREY W. BAKER for his health, education or we~fare. F. Upon the death of JEFFREY W. BAKER, the balance remaining i his Trust shall be paid to his wife CAROL A. BAKER, if she s 'vas, or if sY: does not then the balance shall be paid to ZACHARY W. BAKER. If ZACHAR W. BAKER shall also fail to survive then the balance shal be paid 1 CASSANDRA JO CRAWFORD, per sdrpes. G. My son, as beneficiary of this Trust, shall not have alienate, encumber, or hypothecate his interest in the principal or Trust in any manner, nor shall any interest be subject to claims c or liable to attachment, execution or other process of law. H. In order to carry out the purposes of this Trust, estat Will, the Trustee, in addition to all other powers granted by this ~ shall have the following powers over the Trust estate, subject to specified elsewhere in this Will: 1) To retain any property received by the Trustee as long as the Trustee considers it advisable. any right a~ome of ~ his ~:ed by Corby for I 6 ~ ___ ~ _ 2) 3) 4) 5) 6) 7) 8) To spend funds for the maintenance and repair ~Of real Proper'ty' ~I To sell at public or private sale, exchange or lea a for a period of time any real or personal property and give options for sale of the lease. To execute and deliver any deeds, leases, assign ants or other instruments as may be necessary to 'out the provisions of this Trust. To borrow money and to mortgage or pledge an real or personal property. ~ The Trustee shall maintain accurate records an accounts and shall render statements to my beneficiary h rounder showing receipts and disbursements of princip ajnd income no less frequently than annually. To distribute property in kind. To do all other acts that are in his judgment n ce~ssary or desirable for the proper management, investm n~ and distribution of the Trust estate. XVI I nominate, constitute and appoint THE HERSHEY TRUST my son, JEFFREY W. BAKER, as Co-Executors of this LAST without bond. IN WITNESS WHEREOF, I, ELISE M. BAKER, have set LAST WILL this a N ~ day of ,/UO'tJLM ~ r , 2009. ~~ ~. ~ ELISE M. BAKER to hand- to 7 Signed, sealed, published and declared by the above-n ed ELISE BAKER, as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence, and in the presence of ea h o :ham', h e hereunto subscribed our names as witnesses. i% 8 ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND I, ELISE M. BAKER, Testatrix, whose name is signed to foregoing instrument, having been duly qualified according to acknowledge that I signed and executed `-he instrument as my L signed it as my free and voluntary act for the purposes therein ex ~~0 u ~~ ELISE M. BAKER Sworn or affirmed to and acknowledged before me by F Testatrix, this of NG~ day of f l/4~v¢..~~ , 2009. Notary Public attached r do here y WILL; tha I sed. N TAItU-L ffAl DI ~ M =MiTN N h~b11C My Comml ~ Jun 22, 0 12 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND the witnesses whose names are signed to the attached or forego g i instrume , being duly qualified according to law, do depose and say that w were prese t and saw Testatrix sign and execute the instrument as her LAST WI I.~, that ELIS M. BAKER signed willingly and that she executed it as her free an voluntary a t for the purposes therein expressed; that each of us in the hearin and sight f the Testatrix signed the Will as witnesses; and that to the best of u~` knowled , the Testatrix was at the time 18 years of age or more, of sound ~ and r no constraint or undue influence. / / „ / , Sworn qr affirmed to and acknowled~g~d before m this n- day of ~ U.~ m ,bz I~' , 2009 j ~~ N taffy Pub ' ~..~~... NOTJI IAA fEAI MiirNlM 9 CommbUOr ~xpMM Jun 22.