HomeMy WebLinkAbout12-10-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLA_~ COUNTY, PENNSYLVANIA
Estate of ELIZABETH T. THE O File Number 21 10 ~~ ~ S
also known as
, Deceased Social Security Number 162-22-6013
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
0 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the Executor
last Will of the Decedent dated 10/9/91 named in the
and codicil(s) dated 10/28/91 and 07/6/95
(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.; pendente life; durante absen ia; durance minoritate)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the folio 'ng spouse (if any~d 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.) -^
ra- ~., o -r.:~i
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(COMPLETE WALL CASES:) Attach additional sheets ijnecessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at
,onesdorf Wav Carlisle D A , -,~, ~ ,. _ _....
street address, town city, township, county, state, zip
Decedent, then 86 years of age, died on 1214/10 at Cumberland Corssines ~ Lonesdorf Wav
mouth Middleton Two Carlisle
PA 17015
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ /~ CJd O~ r~ nn
(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, Pe[Itioner(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:
Signature
y ~ G
James Todd Trego
Typed or printed name and residence
Form RW-01 rev. 10.13.06 Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
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.
Swom to or affirmed and subscribed
before me the ~_ day of
_ , ~~
F the Register
Signature of Personal Representative
Trego
Signature of Personal Representative
File Number: 21 -- ~ y - ~ ~ ~ S ~~~ ~ "T'
Estate of ELIZABETH T. TREGO f`
Decea@;3~"~ 4i ``nQc~+
Social Security Number:162-22-6013 7~^ ~
Date of Death: 12/4/10
AND NOW, CW1 ~ U ~ 2010 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that LettersTestamentarv
aze hereby granted to James Todd Tre o
and that the instrument(s) dated 10/9/91 and 07/6/95
described in the Petition be admitted to probate and filed
FEES
Letters ............................. $
Short Certificate(s) ............ $ ,
.... $ __~{~ , w
.... $ t
.... $
.... $
.... $
.... $
TOTAL .............................
$ ~~~~~
,~~
~ ~~
Personal Representative Jg~i3e
Q
1'y't
C'~
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in the above estate
the last Will (and Codigilbs)) of
Attomey Signature:
Attomey Name: No V. Otto III
Supreme Court I.D. No.: 27763
Address: 10 East Hieh Street
~rlisle
PA 17013
Telephone: 717-243-3341
Form RW-01 rev. /0.13.06
Page 2 of 2
IOS,Rps RAV mi/n~~
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
I P 16855707
Certification Number
++a:,.a flev nmoe COYMOHyyEALTH OF PENNSYLVANIA • DEPARTM
TTPEM EMT OF HEALTH
VITAL RECORDS
°'"°"'~ cEtm~caTE of Dearth
(ae.In.mwYwns end .x.mpl., on r~verbb)
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aAr ar ewb.y, uNa, ua,,, aora Female 162 - 22 -6013
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This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
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Local Registrar Date Issued
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LAST WILL AND TESTAMENT ~HAIVf'S CQUR'('
C~~RU,ND CQ. PA
I, ELIZABETH T. TREGO, of South Middleton Township, Cumberland
County, Pennsylvania, being of sound and disposing mind and memory,
do hereby make, publish and declare this to be my Last Will and
Testament, hereby revoking any and all former Wills or Codicils by
me made.
1.
I direct that all my just debts, funeral expenses,
testamentary expenses and all inheritance taxes (whether such taxes
may be payable by my estate or by any recipient of any property)
shall be paid from my residuary estate as soon as practicable after
my decease and as part of the administration of my estate. My
Executor shall have no duty or obligation to obtain reimbursement
for any such tax so paid, even though on proceeds of insurance or
other property not passing under this Will.
2.
I give, devise and bequeath all of my estate, both real and
personal property, to my Trustee under a certain inter-vivos Trust
Agreement created on this date naming WILLIAM F. MARTSON Trustee
and IVO V. OTTO III as alternate Trustee, to have and to hold, in
trust, for the uses and purposes and subject to the terms and
provisions thereof.
Page 1 of 7 Pages E.T.T.
~ ~ ~
3.
In addition to the powers conferred by case law, by statute,
and by other provisions hereof, my Executor and Trustee, and their
successors, shall have the following discretionary powers
applicable to all property held by them which powers shall be
effective without order of any court and shall exist until final
distribution:
(a) To retain any property of any nature received by them for
whatever period they shall deem advisable. This shad ~ ;,,~i„,~~ ..,.,.
power to retain my dwelling in the event my son shall desire to
reside therein and to retain same for as long as he shall desire to
so reside;
(b) To invest and reinvest all or any part of said property
in such stocks, bonds, securities or other property, real or
personal, as in their discretion they shall deem proper, without
regard to statutes limiting the property which a fiduciary may
purchase;
(c) To sell, transfer, exchange or.. otherwise dispose of, any
part of said property, for cash cr on terms, publicly or privately,
or to lease, even for a term exceeding five (5) years or the
duration of any trust herein, without liability on the purchasers
or lessees to see to the application of the proceeds, and to give
~. ~_ ~.
E.T.T.
Page 2 of 7 Pages
options for these purchases without the obligation to repudiate
them in favor of a higher offer;
(d) To execute and deliver any deeds, leases, assignments or
other instruments as may be necessary to carry out the provisions
of any trust hereunder;
(e) To borrow money, including the right to borrow money from
any bank and to mortgage or pledge any asset of the estate as
security;
(f) To assume continuance of the status of any beneficiary
with regard to death, marriage, divorce, illness, incapacity and
the like in the absence of information deemed reliable without
liability for disbursements made on such assumption;
(g ) To pay from the trust, or the income therefrom, all debts
or claims against my estate, or any taxes or similar charges on my
estate;
(h) To make any distribution hereunder either in kind or in
money, or partially in kind and partially in money. Distribution
in kind shall be made at the market value of the property
distributed, and my Trustee, in its absolute discretion, may cause
the share distributed to any distributee to be composed of property
similar to or different from that distributed to any other
distributee;
~. `.!. ~,
Page 3 of 7 Pages E.T.T.
f
(i) To exercise any subscription right in connection with any
security held hereunder, to consent to or participate in any
recapitalization, reorganization, consolidation or merger of any
corporation, company or association, the securities of which may be
held hereunder, to delegate authority with respect thereto, to
deposit investments under agreements, to pay assessments, and
generally to exercise all rights of invesr,ors;
(j) To invest in endowment, insurance or annuity policies on
the lives of beneficiaries of any trust hereunder;
(k) To continue in any partnership, joint venture, joint
ownership or other business enterprise of which I am a part at the
time of my death;
(1) To compromise claims;
(m) To continue for whatever period of time as they shall
deem necessary any ownership as a tenant in common or as a partner,
in real estate or other property and to act as I could have done
had I been living;
(n) To lend money to my estate or to any trust created
hereunder or to purchase from the estate or from any trust created
hereunder, at the market value thereof at the time of purchase, any
securities or other property tendered to them by my estate or any
trust created hereunder at any time and from time to time within a
period of nine (9) months after my death;
,~ ~
E.T.T.
Page 4 of 7 Pages
7 4
(o) In the event that any amounts are gayable hereunder or
under any trust created hereunder to a minor, or to a person
otherwise under legal disability, or to a person not adjudicated
incompetent, but who, by reason of illness or mental or physical
disability is, in the opinio~h of fiduciary(ies) hereunder, unable
to properly administer such amounts, such amounts may be paid by
the fiduciarY(ies) hereunder ir. his, ?per :.r t~zeir sole diGcretion
in any of the following ways as he, she or they may deem best:
(1) Directly to suich beneficiary;
(2) To a legally a~pointed guardian of such beneficiary
for the benefit of such beneficiary;
(3) To a person having custoay of such beneficiary for
the benefit of such bene~Eiciary;
(4) By the fiducia~ry(ies) hereunder using such amounts
directly to the benefit ~f such beneficiary.
Evidence of the application pr payment of an amount in such a
manner shall be a full and compjlete discharge of the fiduciary(ies)
hereunder to the extent of such payment or application. This
paragraph shall be applicable to payments of income as well as
principal.
(p) To do all other acts in their judgment necessary or
desirable for the proper manage~jnent, investment. and distribution of
my Estate. ~'
~. ~ ~.
Page 5!,of 7 Pages E.T.T.
• •,
~', 4.
I nominate, constitut and appoint WILLIAM F. MARTSON,
Carlisle, Pennsylvania, as E ecutor of my estate. In the event he
shall be unable or unwillin to serve in such capacity, then I
appoint MELLON BANK, N.A., arlisle, Pennsylvania, as successor
Executor.
5.
I direct that neither rtty Executor nor my Trustee shall be
required to file a bond to se ure the faithful performance of their
duties in any jurisdiction.
IN WITNESS WHEREOF I hav hereunto set my hand and seal this
9tfi..day of Qctob~r , 1991.
b..._ Q D~ .-C ,,.t "S,~ ( SEAL
Elizab~.h T. Trego
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named
Testatrix, as and for her Last Will and Testament, in the presence
of us, who at her request, have hereunto subscribed our names as
witnesses thereto, in the presence of the said Testatrix and of
each other.
Page 6 of 7 Pages
. , ..• .
~ .ti
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND SS.
I, Elizabeth T. Trego, Testatrix, whose name is signed to the
attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and executed
the instrument as my Last Will; that I signed it willingly; and
that I signed it as my free and voluntary act for the purposes
therein expressed.
~ilcui~,yil •i'. Trego -~--
Sworn or affirmed to and acknowledged before me by Elizabeth
T. Trego, the Testatrix, this y',~h day of '
~JZ~~xw , 19 91.
Notary Public ' ~'~ `D ~'~
COMMONWEALTH OF PENNSYLVANIA ) tJct:~ia1 Seal _
COUNTY OF CUMBERLAND SS . Ktmborly E. N`Jser, Notary Public
Cariish~i t3orough, Cumbs~lsa~~' County
~ ~y/ ~Fy m768f~11 'rn;. ?'.:. 23, 1Q81
the witnesses whose names are signed to the attached or foregoing
instrument, being duly qualified according to law, do depose and
say that we were present and saw Elizabeth T. Trego, the Testatrix,
sign and execute the instrument as her Last Will; that the
Testatrix signed willingly and that the Testatrix executed it as
her free and voluntary act for the purposes therein expressed; that
each of us, in the hearing and sight of the Testatrix, signed the
Will as witnesses; and that to the best of our knowledge the
Testatrix was at that time 18 or more years of age, ~f sound mind
and under no constraint or undue ir}f~,u~nce. /
i
Sworn or affirmed to and subscribed before me this
~~ 1991. 9~~/ day of
Notary Public-~~'J
Page 7 of 7 Pages N~t;~iol seal
Kimberly E. ','>gscr, No!~y Public
C~l~sle thorough, Curntsrl:uk; Ccx~nty
. P-yC'~tSmmi83iJ?~ Erpires D~-. 2?, 1Pit1
CODICIL
I, ELIZABETH T. TREGO, of South Middleton Township, Cumberland
County, Pennsylvania, being of sound and disposing mind, memory and
understanding, do make, publish and declare this to be a Codicil to
my Last Will and Testament dated October 9, 1991.
1.
Paragraph 4 of said Last Will and Testament shall be restated
as follows:
I nominate, constitute and appoint WILLIAM F.
MARTSON, Carlisle, Pennsylvania, as Executor of my
estate. In the event he shall be unable or unwilling to
serve in such capacity, then I appoint IVO V. OTTO III,
Carlisle, Pennsylvania, as successor Executor.
2.
In all other respects, I ratify and affirm my said Last Will
and Testament dated October 9, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
a day of 1991.
1) ~ - ~ D ~ `'~ ~. ,n (SEAL )
Eliza th T. Trego ~~
SIGNED, SEALED, PUBLISHED and DECLARED by the above-named
Testatrix, as and for a Codicil to her Last Will and Testament
dated October 9 , 19 91, in the presence of us , who have hereunto
subscribed our names at her request as witnesses thereto, in the
presence of said Testatrix and of each other.
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COMMONWEALTH OF PENNSYLVANIA j
SS.
COUNTY OF CUMBERLAND )
I, Elizabeth T. Trego, Testatrix, whose name is signed to the
attached or foregoing instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and executed
the instrument as a Codicil to my Last Will dated October 9, 1991;
that I signed it willingly; and that I signed it as my free and
voluntary act for the purposes therein expressed.
Eliza T. Trego
Sworn or affirmed to and ack~n9wledged be ore me by E1i.zabeth
T. Trego, the Testatrix, this ~l~day of ~~~~~~~_ 1991.
Note y Public
COMMONWEALTH OF PENNSYLVANIA ~'-N~~~~
) Kimberly E. Wiser, Notary Pudic
: SS . CarLste Bauugh, Gxnbartand County
COUNTY OF CUMBERLAND ) ~~!yDCc~nur~issioa Expitss Dec- 7,1481
We , 'Gc- ~ Q _ 1~~~3,2rlG~c_ lit- ~,
witnes~e`bs whose ames are signed to the attached or foregoing
the
instrument, being duly qualified according to law, do depose and
say that we were present and saw the Testatrix sign and execute the
instrument as a Codicil to her Last Will dated October 9, 1991;
that the Testatrix signed willingly and that the Testatrix executed
it as her free and voluntary act for the purposes therein
expressed; that each of us, in the hearing and sight of the
Testatrix, signed the Codicil as witnesses; and that to the best of
our knowledge the Testatrix was at that time 18 or more years of
age, of sound mind and under no co~}straint or undue influence.
s
Addres
Sworn or affirmed to and subscribed before me this ~~day of
/~; G L., /~~ 19 91.
Notary Public
~+terlal Ssol
ItllnllnNy ~~ Vvloor, Notary Pudic
OatlGtk Borough, t~nbortand
N!y Oanmioobri Doc 2s, phi
~ F:~FILH5IDATAFILL~WILLSW9S2.C,OD
~r1(JlilciJ„~
I, ELIZABETH T. TREGO, of South Middleton Township, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and
declare this to be a Second Codicil to my Last Will and Testament dated October 9, 1991.
1.
Paragraph 4 of my said Last Will and Testament shall be restated as follows:
I nominate, constitute and appoint my son, JAMES TODD TREGO,
as Executor of my estate. In the event he shall be unable or unwilling
to serve in such capacity, then I appoint WII.LIAM F. MARTSON,
Carlisle, Pennsylvania, as Executor of my estate. In the event both
my son, JAMES TODD TREGO, and WII.LIAM F. MARTSON
shall be unable or unwilling to serve in such capacity, then I appoint
IVO V. OTTO III, Carlisle, Pennsylvania, as Executor of my estate.
2.
In all other respects, I ratify and affirm my said Last Will and Testament dated October 9,
1991.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~
~ day of
~~~,, ' 199.E
~°'Q'7~R`'~'~rt.a~O -(SEAL)
Elizabet . Trego -~}
SIGNED, SEALED, PUBLISH® AND DECLARED by the abovo-named Testatrix, as and
for a Codicil to her Last Will and Testament dated Elizabeth T. Trego, in the presence of us, who
at her request, have hereunto subscribed our names as witnesses thereto, in the presence of the said
Testa rix and of each othe
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COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
I, Elizabeth T. Trego, Testatrix, whose name is signed to the attached or foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I signed and
executed the instrument as a Codicil to my Last Will dated October 9, 1991; that I signed it
willingly; and that I signed it as my free and voluntary act for the purposes therein expressed.
Elizabet .Trego
Sworn or affumed to and acknowledged before me by Elizabeth T. Trego, the Testatrix, this ~
day of ~~~ 199
Not Public
COMMONWEALTH OF PENNSYLVANIA )
Phylgs E. DedieneU~Nortary RibiC
Carisle Born, C mberl2rd County
COUNTY OF CUMBERLAND ) ~CommissionF~iresJan.5,1998
We, ~C/+~-e~C. ~~ Ja-~-~^~o~r~ shit-.~. ~ • l\J~"''~
the witnesses whose names are signed to(tt(e attached or regoing instrument, being duly qualified
according to law, do depose and say that we were present and saw Elizabeth T. Trego, the Testatrix,
sign and execute the instrument as a Codicil to her Last Will dated October 9, 1991; that the
Testatrix signed willingly and that the Testatrix executed it as her free and voluntary act for the
purposes therein expressed; that each of us, in the hearing and sight of the Testatrix, signed the
Codicil as witnesses; and that to the best of our knowledge the Testatrix was at that time 18 or more
years of age, of sound mind and under no constraint or undue influence.
~7.
Address
Q
d ss ~~
/3
Sworn or affirmed to and subscribed before me this ~ ~ day of ~~~ 199.5'
`t_
Notary blic
Car~GisleEBourt~ Pubiic
My Commission E~ires Jan. 5 7,998