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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 ,- -, _= r. _ _~ -- ; S f A. _ ~ ', t~ .~ ~~'7 t ~",r nu ~~,-_:_ CL- ~f w ~: --- _...J ~. ~~ _. C.~ ^3- L y-,.. C.lj. ~OL.Ji U 78 years of age died 2/22/11 at Carlisle Regional Medical Center t,, ... Page 1 of 2` ,. 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 %~ ,. .:~ For the Register ,:_~ =~ _;, ~-fit-7 J ~ '~i File Number: ~ / /~~ Q~'.~~ c~ `-=;~ ^'^~ r-..-. Jim Estate Of Nancy L. Still F ~ ~ _. ~.. ~~~ Deceased ~-" Social Security Number: 168-26-4796 Date of Death February 22, 2011 i AND NOW ~ , 20 in consideration of the Petition, satisfactory roof . ~ P 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: ~- ~ ~ , ~D 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 ------~-j-~ ~- ~~ 9~ ---------- 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: P (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. _7 rJ v :~ w...,_.; _.. t~ ~ ._ ~_.,, ~- . f..___~ _ ~"y ~ G!~ ~~=~ ' ~7 ~ N0171RIAL8EJIL BERT Q. FREII, NobMy Riblis E ;~ - i ~ `.;,. Q_ : 3 ' ~a:"'"' ~- fieM~t d CardsN. A~nbeAand Ca~ly1 AAA Catew~wOn EapMet.Anlt ~ 201 ~ . __ _ L . ~ ' CSC --- - ~~_, U OATH OFNON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA _______________~j__~r_~_~.~! _ 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 > > C.~~ . puty for Register ills (City, State, Zip) ~ ~:_ ,.._ ._ .~ _. z~ ~, r-.~-~ ,~ ~~ ~ ~, _ ~ ~. __ -~ ' -__ ~.~ Cj ~,_ --~ ., `( { ° 1 A. ~ C.j A LAST WILL AND TESTAMENT OF NANCY L. STILL ~7 .,: _~~~ , ~~, ' ~ C ) -~ .ri .. -, _ _ . ~.._J `r'j -~ ,~_ ~ ~ ' ' _r ~ . ,~_ 4 ~; 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, 0 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. `~• G J ~ ~-JZJ 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. °~,~1" ~~^ ~~ L(SEAL) 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. ~~~ x .~