HomeMy WebLinkAbout03-09-11PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA.
Estate of Shirley M. Wood ESTATE NO: 21-11-~~j~=j
also known as
ecease SS NO: 201240454
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 Testamentary
under the last Will of the above-named Decedent dated: December 10, 2008 co ' cil 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 ~~% .~ =~;:-u ~ ` ='
(If applicab a enter: .n.; pen ente ite; urante sentia; ura~~~°rita e
C. Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spou~~e (r~ may) ~,
and heirs: If Administration, cx.a. or db.n.c.t.a., enter date o, f Will in Section A above and complete list of heirS~;'~`~Ga~not the
victim of a killing;was never adjudicated an incapacitated person; and was not a party to a pending divorce proce~,~here#l~grounds
for divorce had been established as rovided in 23 Pa.C.S.A. §3323 --- ~=
p (g), excpect as follows: ,_~; ti-- _ _
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ame rest a at~nnc ... t.. o..o o..t ,.--_ --t'7
USE ADDITIONAL SHEETS IF NECESSARY
THIS SECTION MUST BE COMPLETED:
Decedent was domiciled at d a in Cumbyrland Co ty, Penr
~~ 2 ~ Tv ~~ G'~ c / ~c ~ o rb
ist street Tess, tow city, towns ip, county, s ate, zip co e
Decedent then
vania with his/her~ast pyrincipa~ resi/dlence(at
76 years of age died 3/ 1/ 11 at Harisbur~ Hospital
Estimated value of decedent's property at death:
(If domiciled in Pa.)
(If not domiciled in Pa.)
(If not domiciled in Pa.)
Value of real estate in Pennsylvania
situated as follows:
50,000.00
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 a ro riaterf orm to the undersi ned:
11~uPt4~_ ~'yp~e or print name an residence 1
201 Todd Circle, Carlisle, PA 17013
Page 1 of 2
OATH OF PERSONAL REPRESENTATIVE
COMMONWEATLH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
The petitioners} 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 subsc:~bed
before me this ~? f r, ~ ~~ ~,:.~ u ,(~'E.'~~ .~0 u
_.,~
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~~
ichard S. Wood
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For the Register ~ W~ -~
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File Number: ~ ! - 11- ~ j ~ ~ ' :~; ~'~,
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Estate Of Shirley M. Wood Deceased- ~~ ~~~`~
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Social Security Number: 201240454 Date of Death 3/1/11
AND NOW /~~,~ ~, tr
~,~ ~1 ~ , 20~_in consideration of the Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Richard S. Wood
in the above estate
and that the instrument(s) dated December 10, 2008
described in thte Petition to be admitted to probate and filed of record as the las Will (and Codicil(s) of Decedent)
Register of Wills
Letters
FEES
Signature
Attorney Name
----,,
Robert G. Frey
46397
Short Certificates (I ~ .~ _~-~ Sup. Ct. I.D. No
l~ u ~,iation
)~ .(~~j Address.
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Telephone:
TOTAL... ~, ~~~.
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
Page2of2
105,ROS RF,V intim~ -
LOCAL REGISTRAR'S CERTIFICATION OF DE~~'H
WARNING: It is illegal to duplicate this copy by photostat or photograpF~.
Fee for this certificate, $h.0O
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Certification Number
H105-143 REY 1112008
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse) eTere eu a ur urnen
MAR 311
-~_ Date .hued
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1. Plarrw d Decedent (Fleet, mldda, lest, sulfa) - - 2. Sax 3. Sa9al Security NuntWr 4. Death (Montlr, day,
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S Age (Leaf Birtlrday) Ilrrder 1 1 8. Dab d Binh Matra de 7. B C' and slab es tar 8a. Plea d Deem Check are
. Ltaelr DeYe 11out lanees Hospital: Other.
76 Yrs. May 13, 1934 Mt. Union PA ~y
L~7 fryretient ^ ER 1 outpatient ^ DDA ^ Nureitg Hera ^ Residence ^ omer - spedly:
~. ~h d Deem Bc City. 8oro, Twp. d Death 8d. FedWy Name (0 na kgtllWion, give ~rael and number) 9. Was Deeded d ? 10. Rea: Arrwrican Inden, Black, Wilke, etc,
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^ Yes ®Na 12 Married Richard Wood
~ 18. Decaderx's Mekhtp Address (Street, city l town. state. z~ cods) Oeadenya
PA ad Dacedertl
aaa,af Resdence na slats
17c. ^ Yea, Decedent lJved b Twp,
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isle PA 17013 Aaualtimiba ~,,,/~
18. Fatlrer's Name (Fast, middle, last, suffix) )
Raymond Smith 1g. io~e~'a ean~
20a ktfarrrtard's Name (Type /Print)
Richard Wood 20b. Inlanunre Makkg Addreea (Street, c&y /town, stale, xip coda)
201 Todd Circle Carlisle PA 17013
21a. Memod d D+apaiuan ~ ®crematlon ^ Daretlon
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~ 22b. Llarree Number 22e. Name and Address d Fadtly
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Items 2426 must be axtplaled by person
• who praxxxtaa deem. 24. Titus d Deem 25. Date Praarxr.'ed Dead (Maxh, day, Y•es) 28. Was Case Referred Medial Examkter 1 Cesater for a Reason Omer tlren Crematbn a Donation?
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CAUSE OF DEATH (Sw fnatructloru end exampNs) r Approxirrmb interval: Pan II: Fster omer 26. Dd Tabaaw Use Cmtdbute ro Deem9
Iletn 27. Part I: Enter the char devents -diseases. k>)uries a axnpkca6me • mat daectly caused the deem. DO NOT error terrNnal events such as avdac arrest, t Ormet b Death but nil reeukirq n the aderyFt
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F~tbr UNDERLYING CAUSE Duero (a a a atrwequatce oft: ~ ^ Nol pregnant, but pregnant wimin 42 days
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Due to (es as a artsegtrence on: r ^ Not pregrertt, drt pregnant 43 days ro 1 year
• d ~ balsa deem
r ^ Unkrrown if pregnant wlmin the pas( year
30a. Was an
Auropey 30b. Wero Autopsy Firrdngs 31. Memer d Death 32a. Dale d bury (Month. day. Year) 32b. Deeaiba How Injury oauned
Perlamed7 Avekabb prior ro Complatbn ~-7
32c. Place d Injury: Hans, farm, Street, Faday,
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d Cauca d Deam7 ^ Homkide Okice Buiklnp, etc. (Spedly)
^ Yee Y/~ ^ Yea ^ No ^ Accident ^ Pendrrg Investigation 32d. Tkne d kMury 32e. Injuyy at Work9 321. k Tranepeslalion Injury (Spedly) 32g. Locatlon d .
xNaY (Street, ckY /town, slats)
^ Yes ^ No ^ Dnver/Operates ^ Passenger ^ Pedestrian
^ Sulfide ^ Could Not be Delermirred
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33a. Centlbr (rhedc only axt) 33b. Signature and Tills d Certifier
• c•~Ying PhY•ro~ (Physician annytng cause a deem when another physician nap pronounced dean, and axnpbted Ibrn 23)
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To the beat d my knowbdg•, d.rh occurred u the tlms, dots, and plea, and dos to tM ceuee(e) and manner a wbd_ _ _ _ _ _ _ _ _ _ _ _ _ 33c. License Number 33d. Date Signed (Month, day, year)
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N bob d sxamtrretlon end 1 es Mvatigstlon, In my opinion, death oeeuned et the um., data, and pba, and drre to the auee(a) and manner w atated_ ^ 3a. Name and of
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"phis is to certify tht t the information here given is
correctly copied f~rojn ;zn original Certificate of Death
duly filed with me as Locai Registrar. The original
certificate will b(:~ t~>rv~~arded to the State Vital
Records Office fir permanent filing..
. ~ Disposkion Permit No. ~~~/
OATH OF SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Shirley M. Wood ,Deceased
Robert M. Frey and Trisha A. Liess , (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 o ch other.
c''~ `
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(Signature) (Signature)
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
Deputy for Register of Wills
5 South Hanover Street
(Street Address)
Carlilsle, PA 17013
(City, State, Zip)
Executed out of Register's Office
Sworn to or affirmed and subscribed
before me this l ~" day
of IM,~s~ , 20 L 1
~.
My Commission Expirees: ~
(Signature and Seal of Notary or other offical quali ed to
administer oaths. Show date of expiration of Notary's
Commission. )
NOTE: To betaken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
E-L_ -__ ~ PENN8111.
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LAST WILL AND TESTAMENT
OF c-~ ?.:_mm -~
SHIRLEY M. WOOD ~ ~ ~~ _ . -~, ; ;:.~-a
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I, SHIRLEY M. WOOD, of 201 Todd Circle in the J ~ ~
Borough of Carlisle, C ~ lane'
County, Pennsylvania, being of sound and disposing mind, memory and unders ~'n~' ~~
hereby make, publish and declare this as and for my Last Will and Testament, here~~ g~ d~.~.
and making void any and all Wills by me at any time heretofore made. .~ revoking"._ ~--~ r..._:~
;-~
1. I direct my hereinafter named Executrix or Executors to pay all of my just debts and
funeral expenses and all costs of administration of my estate as soon after my death as may be
found convenient to do so.
2. I direct that all inheritance, transfer, estate, succession and death taxes which may be
payable on account of my death, including interest and penalties thereon, shall be paid 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 and tangible personal
property generally, but not any automobile or motorized vehicle which I may own, in equal
shares to my three children who are ROBERT S. WOOD, CHERYL L. THOMPSON, and
VONDA K. MOON.
4. All of the rest, residue and remainder of my estate, real, person and mixed, and
wheresoever the same may be situate, I give, devise and bequeath to my hereinafter named
Trustees, their successors and assigns, in Trust, for the uses and purposes hereinafter set forth,
which Trust shall be known as the Residuary Trust.
This Residuary Trust shall be held and administered and disposed of as follows:
a) My Trustees shall distribute to or for the benefit of my husband, RICHARD S.
WOOD, all of the income of the Residuary Trust annually or at more frequent intervals, as may
from time to time be deemed appropriate or convenient.
b) Upon the death of my husband Richard S. Wood, or if he shall have predeceased
me, my Trustees shall divide the Trust property into three (3) equal and separate shares so as to
provide one share for each child of mine living at the time of my husband's death, my three
children being ROBERT S. WOOD, CHERYL L. THOMPSON, and VONDA K. MOON.
Should any child of mine have predeceased me, then the share which had been allocated for such
deceased child shall be divided equally among the issue of that deceased child, their heirs and
assigns, per stirpes. The share or portion of a share allocated to each child of mine shall
constitute and be administered as a separate Trust. Separate books and records shall be kept for
each such trust. The income and corpus of each trust shall be held, administered, and disposed of
as follows:
1) The Trustees shall distribute to or for the benefit of the beneficiary of each
trust all of the income at least annually, so long as the child of mine for whom that Trust is held
shall live.
2) Upon the death of the child of mine for whose benefit such trust is held,
the trust shall terminate and the principal thereof shall be distributed to the then living
"legitimate issue" as hereinafter defined, their heirs and assigns, of the child of mine for whose
benefit the trust was held.
3) Whenever pursuant to the provisions of this Will all or any part of a
distributive share of a Residuary Trust shall be payable to a person, less than 21 years of age,
title to the share of such person shall pass to him or her, but the payment to him or her of such
share or trust fund shall be deferred until he or she shall attain the age of 21 years, and in the
meantime such share or trust fund shall be held by the Trustees or a court appointed Guardian, if
the Trustees are unwilling to assume such responsibility, until such person attains the age of 21
years. The fiduciary holding such fund shall apply all or such part of the income and principal as
Page 1 of 4
,J<` - ~ ~~
the fiduciary in his uncontrolled discretion rria d
maintenance of such person. The authority confe ed u ton ine to the support, education, and
be construed as a power only and shall not o erate toP such fiduciary by this paragraph shall
property by such person or to prevent the absolute vestin spend the absolute ownership of such
to the administration of any such property which shall vesgithereof in such person: With respect
than 21 years of age, and which shall be held by such fidu • n absolute ownership in a person less
fiduciary shall have all the powers set forth under the r ciary authorized in this paragraph, such
to be exercised in the manner set forth in such para ra h ovisions of paragraph No. 8 of this Will
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4) The meaning of "legitimate issue" as used in this La
shall be limited to a child or children born to a female de st Will and Testament
whether the mother is married to the father of such child o endent of the Testator regardless of
child or children born to a male descendent of Testator wherr children, and shall be limited to a
is married to the mother either before or after the birth of e the father of such child or children
meaning of "child" or "children" or "legitimate issue" ast use hild or children. In any case the
adopted child or children, unless such adopted child was si d herein shall NOT include any
time of adoption. It is to be noted that ALTON WOOD x (6) years of age or younger at the
daughter VONDA K. MOON, and her husband, and he is to MOON is an adopted child of my
my daughter Vonda K. Moon. be treated as the legitimate issue of
5) No title, in any trust hereby created, or in the income
or in its accumulation, shall vest in any beneficiary and no be accruing therefrom,
power to transfer, assign, anticipate or encumber his or her interest inrY shall have the right or
therefrom, prior to the actual distribution thereof b the Tru said trust, or the income
neither the income nor the principal of said trust sha 1 be liable iee to said beneficiary. Further,
of the Trustee, for the debts, contracts or engagements of an of n any manner, in the possession
y the beneficiaries.
5• Any share or portion of a share of any trust created hereu
of mine that is not disposed of under any other rovision nder, or any other property
beneficiary, shall go and be distributed to my heirs-at- aw, of the Will, or designation of
6• I hereby nominate, constitute and appoint my said husband
Executor of this my Last Will and Testament but should he red ~ RICHARD S' WOOD, as
cease serving as such, then in such event I nominate, constitute and a asoin a or fail to qualify or
WOOD, as alternate or successor Executor, but should he fail to PP t my son, ROBERT S.
then in such event I nominate, constitute and appoint m dau qualify or cease serving as such
should she fail to qualify or cease serving as such then in such ev ter VONDA K. MOON, but
appoint my daughter, CHERYL L. THOMPSON, as alternate or uc I nominate, constitute and
direct that none of them shall be required to post any bond to sec cessor Executor. I further
his or her duties in the Commonwealth of Pennsylvania or in an ure the faithful performance of
y other~urisdiction.
7. I hereby nominate, constitute and appoint my husband, RICH
of my three children who are ROBERT S. WOOD, CHERYL L. TH ARD S~ WOOD, and all
MOON, as co-Trustees of the Trust herein before provided. U on th OMPSON, and VONDA K.
trustee, the surviving Trustees are authorized to serve without an re 1 th or resignation of any
who resigned or became deceased. At any time by the unanimous a P acement of the Trustee
serving, a successor corporate trustee ma be a PProval of the Trustees then
Y ppointed by them or any other Trustee may be
nominated by them subject to approval by the Orphans Court havin 'u
g ~ nsdiction.
8. In addition to the powers conferred by law, m herei
Executrix, and Executors, and their successors, and my hereinbefor _ nbefore-named Trustees,
successors :are empowered: a named Guardians and their
a. To invest any part of the trust corpus in such securities, investm
property as may be deemed advisable and proper, irrespective of wheth ents, or other
authorized for the investment of trust funds under the laws of an over ~ er the same are
Y g Wing jurisdiction.
b• With respect to any corporation, the stocks, bonds, or other sec
may be held, to vote in person or by proxy on any shares of stock• to unties of which
consolidation or reorganization of such corporations; to consent to the 1 onsent to the merger,
sale of the property of any such corporations; to make any surrender a easing, mortgaging or
such stocks, bonds or other securities as an incident 'to the' mchange or substitution of
erger, consolidation or
Page 2 of 4
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 under no trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate
shares shall have undivided interests.
d. To sell 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.
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 such 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 making 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.
L ~~~t~(v+~ IYo~C
Page 3 of 4
r ~.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and
Testament, written on four (4) pages this ~'~ ~ day of December, 2008.
SH~ E M~WppD >~ SEAL)
Signed, sealed, published and declared by SHIRLEY M. WOOD, 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 set our names as attesting witnesses.
~ ~. ~a~~
~~~~
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