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HomeMy WebLinkAbout12-22-10PETITION FOR PROBATE AND GRANT OF LETTERS Register of Wills of Cumberland County, Pennsylvania Estate of Ada Catharine Willis File No. ~ ~ " ~1 ~ ~~,,~~- a/k/a A. Catharine Willis Deceased Social Security No. Manufacturers and Traders Trust Companv (Successor to Dauphin Deposit Bank and Trust Company AND Robert H. Willis 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 Petitioners are the Executors named in the Last Will of the Decedent, dated January 4, 1989 and codicil dated October 29, 2009 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 uranf!'Jninoriilaie f°-~i Name Relationshi Residence O t~. -~ {~ -~-"` m a `.r' ~i a (COMPLETE IN ALL CASES): Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 4837 E. Trindle Road, Mechanicsburg, Hampden Township, Cumberland County, PA 17050 (List street, address, town/city, county, state, zip code) Decedent, then 99 years of age, died on November 14, 2010 at Harrisburg Hospital, Harrisburg, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property .....................................................................$ 277,571.00 (If not domiciled in PA) Personal property in Pennsylvania .....................................$ (If not domiciled in PA) Personal property in County ....................................................$ Value of real estate in Pennsylvania ......................................................................................................................$ 118,602.00 Total ......................................................................................................... $ 396,173.00 Real Estate situated as follows: 526 Bosler Avenue, Lemoyne, Cumberland Count Pennsylvania Wherefore, Petitioners respectfully request the probate of the last Will and Codicils presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Si nature T ed or tinted name and residence Manufacturers and Traders Trust Company ~°~- ~ ~~-' (Successor to Dauphin Deposit Bank and Trust Company) 213 Market Street PO Box 2961 Harrisburg, PA 17105 ~ ~~ Robert H. Willis 108 Pin Oak Drive New Cumberland, PA 17070 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF 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 nd~ubscribed Before me this r' day of 2010. ~/'~~ By.' Manufacturers and Traders Trust Company (Successor to Dauphin D osit Bank and Trust Company) ~~~ Robert H. Willis File No. ~ ~' ~~_ ~zJ`3 Estate of Ada Catharine Willis a/k/a A. Catharine Willis _, Deceased. Social Security No: 182-40-8399 Date of Death: November 14, 2010 AND NOW, 17~C~ ~ ~~ 2 ~ , 2010, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Manufacturers and Traders Trust Company (Successor to Dauphin Deposit Bank and Trust Company AND Robert H. Willis in the above estate and that the instruments dated January 4, 1989 ~F.:~-- and codicil dated October 29, 2009 described in the Petition be admitted to probate and of recc~i as~ c-ra c'~ Last Will and Codicils of the Decedent. °~' "~ =' ~ r.~-, r t ~ y~{~i FEES _ . _ ~~~ ~ ~~'°~ ~:.:~ Letters ........................... $ 3~~` d Short Certificate(s) / $ {P ~T ~ ~ Renunciation .............. $ Affidavit ( ) .................. $ Extra Pages ( )....... $ Codicil ............................ $ JCP Fee ....................... $ nventory.. --...rr....tt.//...... $ ' O d ~~ TOTAL......... $__~ Register of Wills 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 Attorney Signature: '' ~ I ~~. _ .a ': ,,r ~ :~ `, ~_ , ~ y` ~ _ h ~\ ~~~ ~C'~i`~~~ Willis.W .; ?~ttst 3~i11 tttc~ C~1rsYttmrtcY • ~- .. ,.__ ~- ~ ~ ~ OF G~ ~ ~ A. CATHARINE WILLIS ~'~;i, A. CATHARINE WILLIS, of the Borough of Lemoyne, Cumberland County, a?Zd Commonwealth of Pennsylvania, do make, publish and declare this to be m.y Last Will and Testament, hereby revoking and making void any and all wills or codicils at any time heretofore made by me. ARTICLE I 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. I direct that all taxes that may be assessed in consequence of my death of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as part of the expense of the administration of my estate. ARTICLE II I give and bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash or securities), together with any existing insurance thereon, in equal shares unto my son, ROBERT H. WILLIS, my daughter-in-law, ADRIAN WILLIS, and my grandchildren, KATHLENE WRIGHT and BRADFORD WRIGHT, my Executor to distribute the same in accordance with a list which I have filed with this Will, but which I do not incorporate by reference herein, and I authorize the F,xectitor to exerc.i se its discretion in making such distribution and direct that n~~ie of thA beneficiaries shall be entitled to question the distribution so ma~1e ~r surcharge the Executor on account thereof. i Wi11is.W ,~ • • ARTICLE III I give and devise my real estate at 400 Maple Street, Lemoyne, Pennsylvania and at 410 Maple Street, Lemoyne, Pennsylvania, together with any other tract of real estate which I may own pursuant to the Deed dated October 28, 1970 recorded in Deed Book W, Volume 23, Page 115, Cumberland County Recorder of Deeds Office, unto my son, ROBERT H. WILLIS. ARTICLE IV I give and devise my real estate at 526 Bosler Avenue, Lemoyne, Pennsylvania, unto my son, ROBERT H. WILLIS. ARTICLE V I give and bequeath unto my son, ROBERT H. WILLIS and ADRIAN WILLIS, his wife, their debt to me pertaining to real estate at 231 South Fifth Street, ~'~, Lemoyne, Pennsylvania. ARTICLE VI I give and bequeath the sum of One Thousand ($1,000.00) Dollars to CALVARY UNITED METHODIST CHURCH, of Lemoyne, Pennsylvania. ARTICLE ViI I give and bequeath the sum of Two Thousand ($2,000.00) Dollars each unto my grandchildren, ROBERT TED WILLIS and JONATHAN ANDREW WILLIS. ARTICLE VIII I give and devise my lot at Seventh Street and Indiana Avenue, Lemoyne, Pennsylvania, unto my son, ROBERT H. WILLIS. Wi11is.W ti . ~ .~" ARTICLE IX I give and bequeath my stocks, including my preferred stock in C.S. WILLIS & SONS, INC., and my bonds, unto my son, ROBERT H. WILLIS. ARTICLE X I appoint the balance in Trust A, held by DAUPHIN DEPOSIT BANK AND TRUST COMPANY, trustee under the Will of ROBERT A. WILLIS, deceased unto my estate. ARTICLE XI All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath as follows: A. Seventy (70%) percent thereof unto my son, ROBERT H. WILLIS. B. Thirty (30%) percent thereof unto my grandchildren, KATHLENE WRIGHT and BRADFORD WRIGHT, share and share alike. ARTICLE XII I name, constitute, and appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY, ROBERT H. WILLIS and ADRIAN WILLIS, or the survivor of them, Co-Guardians of any property passing under this Will or otherwise to any minor issue of my son, ROBERT H. WILLIS, and DAUPHIN DEPOSIT BANK and TRUST COMPANY sole guardian with respect to the same for any other minor and with respect to which I am authorized to appoint a guardian and have not otherwise specifically done so, provided that this appointment of guardian(s) shall not supersede the right to any fiduciary in its discretion to distribute a share where possible to a minor or to another for the minor's benefit. Such guardian(s) shall have the power to use the principal as well as income from time to time for the minor's _ ___ _ _ _ __ Wi11is.W i ~ ~-, ~- #. , I support and education (including college education, both graduate and undergraduate and vocational training) without regard to his or her parents' ability to provide for such support and education, or to make payment for these ~i 1 purposes without further responsibility to the minor or to the minor's parent or to any person taking care of such minor. ARTICLE XIII I name, constitute and appoint DAUPHIN DEPOSIT BANK AND TRUST COMPANY and ROBERT H. WILLIS, Co-Executors of this, my Last Will and Testament. If ROBERT H. WILLIS fails to qualify or ceases to so act, I direct that DAUPHIN DEPOSIT BANK AND TRUST COMPANY shall complete the administration of my Estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~`'' day o 19 8~. ~1 ~(~!~ ( SEAL ) A. CATHARINE WILLIS 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, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. 4 ~1 r~ ~-- WiTlis.W 4 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA . ss: COUNTY OF CUMBERLAND . !' I, A. CATHARINE WILLIS, Testatrix, whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. /f,D t, v l _ ~~ ~ A. CATHARINE WILLIS Sworn to or affirmed and acknowledged before me, by A. CATHARINE WILLIS, the Testatrix, this ~'~~ day of -~~^~ 198 q j~r,,., , ,_S~.__ ,~-,,r._~ Notary Pub My commission expires: (SEAL) DIAN~IE L~ENiGj IigTARY PUBLIC LEMi7YNE BORO. CUI~ERl.AND CO. Mfr COMMISSION EXPIRES OEC. 21, 1989 ~. __~ ' Wi11is.W ~, AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . ss: ~' COUNTY OF CUMBERLAND . e- , ' We, ~~A~..a,,,.~.~(1'1 . ~~,,,~,.~and `.~, ~ ~+the witnesses whose 'I names are signed to the foregoing instrument, being du _ qualified according to law, do depose and say that we were present and saw the Testatrix: sign and execute the foregoing instrument as her Last Will and Testament; that she ',j signed willingly and that she 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, i the Testatrix was at that time at least 18 years of age, of sound mind and II; under no constraint or undue influence. "`4 .~ t..w Sworn to or affirmed and subscribed to before me by ~ ~~ and "~~"~""~`~" ~' tnesses, this ~~ day of v~ 198 ~~ °~..~~~ . y-. Notary Pu is My commission expires: MtIAt SERI. DIAMNE LENIG. NOTARY PUBLIC LENO1f~tE ROAO. CUM6ERlANO CO. NY COaMiSSION EXPIRES OEC. 21. 1989 _ _ ~l-lC- yi ~`:~ ., .,, . . . , ~4 C.- _~ ~. ~ - . ~ ~~ ` Iy ~~~~\' ~ g~l-.//~ ~ ~' 7r'~ ~'^~"x ~.k! -~"1. ..J~ 1 ~J 1 ~~ ~~ ~ ~_f W.e ~ •. ~- _ r x,13 ~'~ Codicil to Last Will and Testament of A. CATHARINE W ILLIS I, A. CATHARINE WILLIS, of Mechanicsburg, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be the sole Codicil to my Last Will and Testament dated January 4, 1989. Item I. I hereby revoke ARTICLE XI of my Will and in lieu thereof provide as follows: ARTICLE XI I give and bequeath the sum of Five Thousand Dollars ($5,000.00) Dollars each unto my grandchildren, KATHLENE WRIGHT and BRADFORD WRIGHT. Item II. I hereby revoke ARTICLE XII and in lieu thereof provide as follows: ARTICLE XII All the rest, residue and remainder of my Estate, of whatsoever nature and wheresoever situate, I give, devise and bequeath unto my son, ROBERT H. WILLIS. Should my son, ROBERT H. WILLIS, predecease me, I give, devise and bequeath the same in equal shares unto his sons, ROBERT TED WILLIS and JONATHAN ANDREW WILLIS, or the then-living issue per stirpes of either who also predeceases me, and if there be a failure of same, then unto the surviving son of Robert H. Willis, or his then- living issue per stirpes as the case may be. Should any beneficiary hereunder not have reached the age of thirty (30) years at the time for distribution of such beneficiary's share, I give, devise and bequeath such beneficiary's share unto MANUFACTURERS AND TRADERS TRUST COMPANY, Harrisburg, Pennsylvania and ADRIAN WILLIS, Co-Trustees, IN SEPARATE TRUST, to hold, manage, invest and reinvest the share(s) so received and the accumulation of income thereon, and to use and apply the income and principal, or so much thereof, as, in Trustees' discretion, may be necessary or appropriate for such beneficiary's support and education (including college education, both graduate and undergraduate, and vocational training) taking into account such beneficiary's other readily available resources, and to make payment for these purposes, without further responsibility to such beneficiary or to any person taking care of such beneficiary. When a beneficiary reaches the age of twenty-one (21) years, Trustees shall distribute one-third (1 /3) of the then-remaining principal and any income accumulated thereon unto such beneficiary. Thereafter Trustees shall distribute the net income to the beneficiary. When the beneficiary shall reach the age of twenty-five (25) years, Trustees shall distribute one-half (1 /2) of the then-remaining principal and any income accumulated thereon unto such beneficiary, and the balance of principal and any income accumulated thereon shall be distributed to such beneficiary when he shall have reached the age of thirty (30) years, at which time the Trust as to that beneficiary shall terminate. In the event any beneficiary dies before receiving his final distribution hereunder, the Trust as to that beneficiary shall terminate and the balance of principal and income shall be distributed to the beneficiary's estate. I direct that the interest of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. I further direct that should ADRIAN WILLIS at any time fail to qualify or cease to so act as Trustee, MANUFACTURERS AND TRADERS TRUST COMPANY shall continue to so serve as Trustee without the appointment of a successor Co-Trustee. ITEM III. In all other respects, I hereby ratify, confirm and republish my Last Will and Testament dated January 4, 1989, together with this Codicil as and for my Will. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this the _ day of ~~~~~ , 2009. a G-c.~..:.1~.~.. A. CATHARINE WILLIS (SEAL) Signed, sealed, published and declared by the above-named Testatrix, as and for the sole Codicil to her Last Will and Testament dated January 4, 1989, in the presence of us, `vho, at her request, in her presence and in the presence of each other have hereunto subscribed our names as witnesses. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : We, A. CATHARINE WILLIS, L~ ~ c ~ e I`3 ass o (e ~ ~ and ~~~~''~ ~ ~~~^ ,the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument <~s the sole Codicil to her Last Will dated January 4, 1989, and that she had signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. ~. G~,..~~, C~7.~.' A. CATHARINE WILLIS Witness 0~4~ . Witness Subscribed, sworn to and acknowledged before me by A. CATHARINE WILLIS, TESTATRIX, and subscribed and sworn to before me by ~ a ~~~ ~ ~ and ~~~ ~ ~a Ir• ~J ~ ,witnesses, this ~cj ~ day of ~~ ~' 2009. Edmund G. Myers Attorney I.D. No. 20558 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : On this, the ~~~day of ~C-?~De~' , 2009, before me, the undersigned officer, personally appeared EDMUND G. MYERS, Attorney I.D. #20558, known to me (or satisfactorily proven) to be a member of the bar of the highest court of Pennsylvania arld certified that he was personally present when the foregoing acknowledgement and affidavit were signed by the Testatrix and the witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ ary Public ::Oi~tliV1JVV11tA11 H OF I:'E-VN~ ~ lU`,~1i1~ir- NOTARIAL SEAL GAIL J. MAHONEY, Ngtary ~ubiio Lemoyne Boro., Curnberlancl Count My Commission Expires Feb.1 ~, 20~q :381439