HomeMy WebLinkAbout03-03-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Nancy L. Still ESTATE NO: 21-11- ~ ~,
also known as
ecease SS NO:
Petitioner(s) who is/are 18 years of age or older, apply(ies) for:
[X] A. Probate and Grant of Letters Testamentary or Administration c.t.a., d.b.n.c.t.a. (complete Part C also)
and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testaments
under the last Will of the above-named Decedent dated: September 21, 2005 c c t
N/A
state re evenat circumstances, e.g. renunciation, ea o 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, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding:
at the time of death wherein grounds for divorce had been established as defined in 23 Pa.C.S.A. §3323(8):
No Exceiptions
[ ] B. Grant of letters of Administration
(If applicab a enter: n.; pen ente ite; urante sentia; urante minoritate
C. 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: If Administration, cx.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.); was not the
victim of a killing;was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds
for divorce had been established as provided in 23 Pa.C.S.A. §3323(8), excpect as follows:
USE ADDITIONAL SHEETS IF NECESSARY
THIS SECTION MUST BE COMPLETED:
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at
1 Longsdorf Drive. Carlisle. PA (South Middleton Township, Cumberland County)
ist street ress, town/city, township, county, state, zip code
Decedent then
Estimated value of decedent's property at death: ~-
(If domiciled in Pa.) ~ ~ S . O ~ ~ ~ ~
(If not domiciled in Pa.)
(If not domiciled in Pa.)
Value of real estate in Pennsylvania
situated as follows: West Pomfret St. Carlisle, PA
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78 years of age died 2/22/11 at Carlisle Regional Medical Center
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Page 1 of 2`
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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 anDronriate form to the undersisned:
OATH OF PERSONAL REPRESENTATIVE
COMMONWEATLH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corn
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 me this ~ ~~- Deborah A. Copa
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For the Register ,:_~ =~ _;, ~-fit-7
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File Number: ~ / /~~ Q~'.~~ c~ `-=;~
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Estate Of Nancy L. Still
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Deceased ~-"
Social Security Number:
168-26-4796
Date of Death February 22, 2011
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AND NOW ~ , 20 in consideration of the Petition, satisfactory roof
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having been presented before me, I CREED that Letters Testamentary
are hereby granted to Deborah A. Copa
in the above estate
and that the instrument(s) dated _ S~pter~,ber 2i, 2005
described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(sj ~f Decedent)
FEES
Signature
Attorney Name
Letters ~ ® ~
Short Certificates ~. ~ Sup. Ct. I.D. No
Re un iation
Address:
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Telephone:
TOTAL.. .
Robert G. Frey
46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
Page2of2
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
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Estate of Nancy L. Still ,Deceased
Robert M. Frey , (each) a subsribing witness to
the [ X] Will [ ]Codicil presented herewith, (each) being duly qualified according to law, depose(s)
say(s) that she / he /they was /were present and saw the above Testator / Tesatrix sign the same
and that she / he /they signed as a witness at the request of
the Testator /Testatrix in her /his presence and in the presence of each other.
s
(Signature) Robert M. Frey (Signature)
5 South Hanover Street
(Street Address)
5 South Hanover Street
(Street Address)
Carlilsle, PA 17013
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of , 20
Carlilsle, PA 17013
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before r day
of ~ ,20 ll
Deputy for Register of Wills Notary Public
My Commission Ex frees:
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(Signature and Seal of Notary or other offical qualified to
administer oaths. Show date of expiration of Notary's
Commission.)
NOTE: To betaken by Officer authorized to administer oaths. Pl ease have present the original or copy of instrument(s) at time of notarization.
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OATH OFNON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
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Estate of Nancy L. Still ,Deceased
Robert G. Frey and
(each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were we
acquainted with ~ w~ c- ~., and am/are familiar
with the handwriting and signature f the decedent, and that the signature of Nw~•~~, ~ S~~l/
to the foregoing instrument purporting to be the Last Will and Tesatment of
Nancy L. Still is in his/her own proper handwriting.
(Si nature)
5 South Hanover Street
(Street Address)
(Signature)
(Street Address)
Carlisle, PA 17013
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed an~subscribed
before me this 3 ~ day
of 1/V~~!'~ Zv I , 2
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C.~~ .
puty for Register ills
(City, State, Zip)
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LAST WILL AND TESTAMENT
OF
NANCY L. STILL
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I, NANCY L. STILL, widow, of the Borough of Carlisle (mailing address: 1034 West
Pomfret Street, Carlisle, Pennsylvania 17013), Cumberland 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 by
me at any time heretofore made..
1. I direct my hereinafter-named Executor to pay all of my just debts and funeral
expenses as soon after my death as may be fou::d convenient to do so. I direct that my funeral
services be conducted by Hoffman-Roth Funeral Home, 219 North Hanover Street, Carlisle
Pennsylvania, and that my body be interred beside that of my husband on my burial lot located in
Cumberland Valley Memorial Gardens, along Ritner Highway near Carlisle, Pennsylvania.
2. I further direct that all inheritance, transfer, succession, estate and death taxes which
may be payable on account of my death including interest and penalties thereon shall be payable
from the residue of my estate regardless of whether the assets upon which such taxes are based
are included in my probate estate.
3. I give and bequeath all of my household goods and furnishings in equal shares to my
son, JOHN E. STILL, and my daughter, DEBORAH A. COPA, but should either of them fail to
survive me then the share such deceased child of mine would have received shall pass to his or
her issue, their heirs and assigns, per stirpes.
4. All of the rest, residue and remainder of my estate, real, personal and mixed, and
wheresoever the same may be situate, I give, devise and bequeath as follows:
A. One-half I give devise and bequeath to my daughter DEBORAH A.
COPA, her heirs and assigns, provided she shall survive me by a period of ninety
(90) days, but should fail to so survive me then the same shall pass to such of her
issue as shall survive me by a period of ninety (90) days, their heirs and assigns, per
stirpes.
B. The other one-half I give devise and bequeath to my hereinafter-named
Trustee and her successors, in Trust for the benefit of my son, JOHN E, STILL, said
Trustee to receive and invest the same and to pay the income arising thereon to or
for the benefit of my son, John E. Still at regular intervals, at least annually, so long
as he shall live, but should the income including realized capital gains be less than
5% or the principal thereof as of January 1st of each year, then there shall be
distributed from principal to him the difference between the actual income of both
ordinary income and realized capital gains, and 5% of the principal determined as
herein set forth, and upon the death of John 1/. Still said Trust shall terminate and
the then remaining principal together with any undistributed income shall be paid to
his then living legitimate issue, their heirs and assigns, per stirpes. At the present
time John E. Still is the father of only one child who is LOGAN JAMES STILL
who was born October 24, 2001.
The meaning of "Legitimate Issue" as used in this Last Will and Testament shall be limited to a
child or children born to a female descendent of Testatrix regardless of whether the mother is
married to the father of such a child or children, and shall be limited to a child or children born to
a male descendent of Testatrix where the father of such child or children is married to the mother
either before or after the birth of the child or children. In any case the meaning of "child or
"children" or "legitimate issue" as used above shall NOT include any adopted child or children.
No title, in any trust hereby created, or in the income accruing therefrom, or its
accumulation, shall vest in any beneficiary and no beneficiary shall have the right or power to
transfer, assign, anticipate or encumber his or her interest in said trust, or the income therefrom,
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prior to the actual distribution thereof by the Trustee to said beneficiary. Further, neither the
income nor the principal of said trust shall be liable in any manner, in the possession of the
Trustee, for the debts, contracts or engagements of any of the beneficiaries.
5. Should anyone less than 21 years of age be entitled to distribution from my estate or in
any Trust herein created, I direct that such distribution shall be paid to the parents of such person
as Trustees and invested by such Trustees with the income arising there from together with so
much of the principal thereof as in the opinion of such Trustees is necessary or desirable to be
expended to or for the benefit of the beneficiary thereof, at least annually, and upon the
beneficiary attaining 21 years of age the then principal together with any undistributed income
shall be paid to such beneficiary.
6. I hereby nominate, constitute and appoint my daughter, DEBORAH A. COPA as
Executor of this my Last Will and Testament, and direct that she not be required to post any
bond to secure the faithful performance of her duties in the Commonwealth of Pennsylvania or in
any other jurisdiction.
7. I hereby nominate, constitute and appoint my daughter, DEBORAH A. COPA as
Trustee of each Trust which is created herein, and direct that she not be required to post any
bond to secure the faithful performance of her duties as Trustee in the Commonwealth of
Pennsylvania or in any other jurisdiction. Should Deborah A. Copa decline to serve as Trustee
or cease serving as such, in such event I nominate constitute and appoint her daughter,
KATHRYN GRACE COPA as alternate or successor Trustee.
7. In addition to the powers conferred by law my hereinbefore-named Executors and
Trustees and their successors are empowered:
a. To invest any part of the trust corpus in such real estate, securities, investments,
or other property as may be deemed advisable and proper, irrespective of whether the same are
authorized for the investment of trust funds under the laws of any governing jurisdiction.
b. With respect to any corporation, the stocks, bonds, or other securities of which
may be held, to vote in person or by proxy on any shares of stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or
sale of the property of any such corporations; to make any surrender, exchange or substitution of
such stocks, bonds or other securities as an incident to the merger, consolidation or
reorganization of such corporations; to pay all assessments, subscriptions and other sums of
money which may be deemed wise and expedient for the protection and maintenance of the
proportionate interest of the investment in such corporations; to exercise any option or privilege
which may be conferred upon the holders of such stocks, bonds, or other securities of such
corporations either for the conversion of the same into other securities or for the purchase of
additional securities, and to make any and all necessary payments which may be required in
connection therewith; and generally to have and exercise as to all such stocks, bonds and other
securities, the powers of an individual owner who is not under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate
shares shall have undivided interests.
d. To seil at public or private sale for cash or upon credit, or partly for cash and
partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts
of the trust estate, and no purchaser at any such sale shall be bound to inquire into the
expediency or propriety of any such sale or to see to the application of the purchase moneys
arising therefrom.
e. To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
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f. To compromise, settle or arbitrate any claim or demand in favor of or against the
trust estate.
g. And authorized in the discharge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be charged against the
principal or income of the trust fund, and shall further be entitled to charge against the principal
or income such other reasonable expenses and charges as may be necessary and proper to incur
for the proper discharge of fiduciary duties and for the proper management and administration of
the trust estate.
h. In making any division of property into shares for the purpose of any distribution
thereof directed by the provisions of the trust, to make s~ach division or distribution, either in
cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in
snaking any division or distribution in kind may allot any specific security or property or any
undivided interest therein to any one or more of such shares, and to that end may appraise any or
all of the property so to be allotted and the judgment as to the propriety of such allotment and as
to the relative value for purposes of distribution of the securities or property so allotted shall be
final and conclusive upon all persons interested in the trust or in the division or distribution
thereof.
i. And authorized to register any shares of stock or other assets of any trust in their
own names or in the name of a nominee.
j. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may own at the time of
my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual
funds as may be deemed advisable or proper, irrespective of whether the same are authorized for
the investment of trust funds under the laws of any governing jurisdiction.
1. To determine from time to time whether all or some portion of realized capital
gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal
to be retained as part of the corpus, and such designation need not be consistent from one year to
another.
IN WITNESS WHEREOF, I have hereto set my hand and eal to this my Last Will and
Testament written on three (3) pages, this ~; / day of ~ ,,~,.~,-m ,2005.
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NANCY L. TILL
Signed, sealed, published, and declared by NANCY L. STILL, the Testatrix above named,
as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and
in the presence of each other, have hereunto subscribed our names as attesting witnesses.
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