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HomeMy WebLinkAbout03-29-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS f , Estate of ~~s~ ~~ ` ~~~ ,Deceased ESTATE NO: 21- ~ ~~ ~ a/k/a: _, a/kla: ~ `. Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or ~B' AND "C" as applicable: Probate and Grant of Letters Testamentary or O Administration c.t.a., or d.b.n.c.t.a. (comp!'ete Purt C also) 'and aver that Petitioner(s) is/are entitled to the aforementioned Letters ~ under the last Will of the above-named Decedent, dated t G - ~''`` ad°~g and codicil(s) dated `_ (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 instruments 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(g): O B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent lite, durante absentia, durante 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 c.t.a. or d.b.n.c.t.a., enter date of Will in Section A 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(g), except as follows: Name Address Rela to Decedent 47 F -. j"r• ~./'7.."''~ _-, C:, a _ .,_ - ~. ~:,'~ ~~t_, ~~~ . a. - 7 - ~r ._~ _; ;<- - USE ADDITIONAL SHEETS IF NECESSARY = --~ ""' ~ "" THIS SECTION MUST BE COMPLETED: "~' ~` `=-`~ Decedent was domiciled at death }'n_Cumb land County, Pennsylvania, with his/her last family or principal residence At ~~ ~ ~G~M3 1~'V~ ~ ~rl ~.gf~- ~ c~.. i 7 d 1 S~ - S reet address with Post Office and Zip Code, Municipality: Township, Borough, City) Decedent, then ~ ~ years of age, died ~ ~' ~ ~" ~} ~ / 1 at ~~ r ~~ S ~~; ; ~~- (Month, Day, Year of death) (City and State where death occurred) Estimated value of decedent's property at death: ~,,,~ If domiciled in PA All personal property $ ~~.`~~ ~~~ If not domiciled in PA Personal property in Pennsylvania $ _ If not domiciled in PA Personal property in County $ - Value of Real Estate in Pennsylvania $ Total Estimated Value $ a~L`~ '~ Location of Real Estate in Pennsylvania: (Provide full address if possible.) ,,.~ Signature(s) Name(s) & Mailing Address(es) •9 Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court rage - of 1 ~v~3d-~ t. ?.~~ ~~ .~% .~..'S ~~ Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and con-ect to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioners} will well and truly --'°1 administer the estate according to law. , ,` ~. `~.. ... ;~~~ of Personal Representative Signature of Personal Representative Signature of Personal Representative File Number: ~~ ~ ~ (~ ~ ~ o ~_ ~__.. _~ ...._ Estate of t/ ~ r ~ ~ ~~'~ ~ ,Deceased Social Security Number: ~ ~ ~ ~ J ~3z~1 Date of Death: ~~ . ~ d ~ ~ -;.~~ ~y ~ f AND NOW, _____ "~-L„~E---~ ~ ~ , in consideration of the foregoing Petition, satisfactory proof f~~ having been presented before~n e, IT S ~AECR~ED. tha~etters _.,_,__ are hereby granted to L ~ ~~ ~ ~ ~__. ;n ilk a~~ove estate and that the instrument(s) dated ~ ~ ' ~ ~~ ^____+ _ described in the Petition be admitted to probate and filed of record its tie last Will (apd Codicil(s)) of D~,cedent. ,~' ~ ,~g L FEES ~ L/~ ~' ~; etters ......... Sh C if .. $ .y~ ~C ~ " ort ert icate(s) ... .... $ • ertunc~ation(s) .. ........ $ 'J. ... $ C%Cf ll~ ... $ ~'~` ... $ ... $ ... $ ... $ ... $ ... $ T T L ' ` ~ % O A ...... ........ $ . ~~ ~1 =~l >.~~~. ~" 1'~ ~!'f Register of Attorney Signature: _~ `'"`'`' C7 :_ .... Attorney Name: `==t:~ ~~-° a -,~-, ;-,-., .. ~ ~ _ Supreme Court LD. No.: -~ ` -~ •~~~~ Address: ~ r'~ ~~I .... ~ ,, , --, ,~ ,_., ~,__ .. ._ . .~.: } ,,t`} `~ Telephone: F~,~„~ Rw-v' rev. I U.13.U( Page 2 of 2 ~- Sworn to or affirn~Pd and subscribed r .~, ~~~ ?~ r; ~, r~ rv - ,..~_ ..a.~ ~ .+ LAST WILL AND TESTA~IVIEN'''~~~} `~ ~ - .__~.~~ . .,.~ ~ L.,._._ ...w.i. W ~ 3 - _Ar~ ~"~ - - t.~ I, JEAN H. TAILOR, of South Middleton Township, Cumberland Co~mty, "~ - Pennsylvania, being of sound mind, disposing memory and full legal age, do :hereby make, publish and declare this to be my Last Will and Testament, hereby revoking ,~11 Wills and Codicils heretofore made by me. ONE. I direct my Executor or Executrix, as the case may be, to pay all. of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executor or Executrix of my estate. Further, to the extent that sufficient assets exist in my ~ estate, any and all inheritance or other estate taxes, whether to non-charitable or charitable beneficiaries, shall be paid by my Executor or Executrix from the residuary of my estate. TWO. My Executor or Executrix may, at his or her discretion, compromise claims, borrow money, retain property for such length of time as he or she may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as he or she may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. I authorize and empower my Executor or Executrix to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefor, in fee simple, as I could do if living. My Executor or Executrix is authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executor or Executrix. THREE. I give, devise and bequeath all of my estate of whatever nature and wherever situate to my spouse, ALBERT E. TAYLOR JR. FOUR. If my spouse, ALBERT E. TAYLOR JR, does not survive me by a period of at least sixty (60) days, then I give, devise and bequeath the rest, residue and remainder of my estate equally to my children and stepchildren, JOHN W. SLOBODA, JANE E. MURASKY, LOUISE WALKER, CYNTHIA DELAQUILLA and JOHN TAYLOR, per stirpes, which provides that the child or children of any deceased beneficiary shall take the share their parent would have taken if living. Provided, however, if any heir or beneficiary is under the age of twenty-five (25) years at the date of my death, then his or her share my estate I give, devise and bequeath, to be held IN TRUST in accordance with the terms and provisions of Paragraph Five hereunder. FIVE. If any heir or beneficiary is under the age of twenty-five (25;- years at the date of my death, then his or her share of my estate I give, devise and bequeath to be held IN TRUST by the hereinafter mentioned Trustee according to the following terms and conditions: Upon the creation of this Trust, the Trustees shall divide this trust principal into individual shares in the name of each heir or beneficiary in the amount equal to the amount that said heir or beneficiary inherited hereunder. The Trustee, as well as my Executor or Executrix, as the case may be, is hereby authorized to retain, unconverted, any property, real or personal, that I may own at my death and shall be under no duty to convert it into legal investments. The Trustee shall have the power and authority to sell, transfer, convey, invest and reinvest and to pay over the net income of the trust property, to or for the use of said heir or beneficiary, or to accumulate it in the sole discretion of the Trustee. The Trustee is also authorized and empowered to pay over to, or for the use and 2 benefit of my heir or beneficiary such portion of or all of the principal of the trust estate as in the Trustee's sole discretion seems proper for their continued support, maintenance, education, medical care or general welfare. My primary objective is to ensure the continued support, maintenance, education and medical care of said heir or beneficiary until he or she reaches the age of twenty-five (25) years. Notwithstanding the above purpose of this trust, the Trustee, in the Trustee's sole discretion, may distribute any portion of the income or principal of the trust estate over to any said heir or beneficiary who has attained the age of twenty-five (25) years prior to the ultimate distribution hereof ~~~ as the Trustee deems proper for the health, maintenance, education or setting up of said heir or beneficiary in a business or in a profession or for similar purposes. T'he Trustee shall be under no duty to distribute or use the principal equally for each of the said heir or beneficiaries, but may distribute or use principal unequally in its discretion. When each heir or beneficiary reaches the age of twenty-five (25) years, then whatever remains of income and principal of his or her trust estate shall be distributed to said heir or beneficiary, per stirpes, which provides that the child or children of any deceased child shall take the share their parent would have taken if living. SIX. I hereby nominate and appoint JOHN W. SLOBODA to be the Executor of this my Last Will and Testament. In the event he has predeceased me, failed to qualify or is not able or does not serve for whatever reason, I then appoint JANE E. MURASKY to be the substitute Executrix of this my Last Will and Testament, whereby the said substitute personal representatives shall have the same powers as are given to the original Executor hereunder. SEVEN. I hereby nominate and appoint ORRSTOWN BANK, or its successor to serve as Trustee of the trust created in Paragraph Five hereof. 3 EIGHT. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. NINE. No Executrix, Executor or Trustee acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. TEN. No beneficiary may assign, anticipate or pledge his or her interest in any income or principal held or distributable hereunder, and no beneficiary's creditars may levy, attach or otherwise reach any such interest. ELEVEN. If any person or institution entitled to share in any distribution under the terms of this my Last Will and Testament becomes an adverse party in any proceeding to contest the probate of this Last Will and Testament, such person or institution shall forfeit his, her or its entire interest inherited hereunder and all provisions in favor of such person or institution shall be declared void and of no effect. The share of such person or institution so forfeited shall be distributed as part of the residue hereof except that if such person or institution is entitled to share in the said residue, that interest shall be distributed proportionately to the other residuary distributees. TWELVE. It is hereby my intent to specifically exclude my stepson, Robert Taylor, and his issue, from any inheritance whatsoever under this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~,~"C~day of October, 2008. .~/--.- ~~SEAL) JE ~I. TAYLOR 4 Signed, sealed, published and declared by the above-named person as and for a Last Will and Testament, in our presence, who at said person's request, in said person's presence and in the presence of each other have hereunto set our 5 ACKNOWLEDGMENT AND AFFIDAVIT WE, JEAN H. TAYLOR, JAMES D. HUGHES and SUZANNE M. KREIDER, the testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her Last Will, and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testatrix, signed the Will as a witness and that to the best of their knowledge the testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. ~' /~ A . xucxEs SUZ NNE M. KREIDER COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by JEAN herein and subscribed and sworn to before me by JAMES D. HUG KREIDER, witnesses, this ~ day of October, 200 TAYLOR t:he testatrix ;S and SUZ',ANNE M. q p- # 44ry` '~