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HomeMy WebLinkAbout04-08-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Emma Louise Houska, Deceased File Number 21-11--~~~ Social Security Number Petitioner, who is 18 years of age or older, applies for: Probate and Grant of Letters Testamentary and aver that Petitioner is the alternate Executrix named in the Codicil of the Decedent dated March 12, 1999, to the Last Will and Testament dated June 3, 1993. T'he primary Executor, Vladimir J. Houska, died on November 28, 1997. 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 and 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. § 3323(g). (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at Room 48, Cumberland Crossing, 1 Longsdorf Way, Carlisle, Pennsylvania 17013. Decedent, then 89 years of age, died on March 26, 2011, at Holy Spirit Hospital. Decedent at death owned property with estimated values as follows: (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 situated as follows: None $475,000.00 _ $ -- $ -- Wherefore, Petitioner respectfully requests the probate of the last Will and Codicil presented with this Petition and the grant of letters in the appropriate form to the undersigned: Signature +J~ `! f i a: - _.... _. _ . .._. . , ~ ^ i ~= ~l~ .:_ ~ ~ .r_. ~..v~ ' ~:.: ;_~:: _.__. v a Typed or printed name and residence Janet L. Wylie 408 Pine Road Mt. Holly Springs, PA 17065 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) 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 above Decedent, Petitioner will well and truly administer the estate according to law. Sworn to or affirmed and subscribed befo e this ~h day of 2 11 ,` ~ For the Register 1 `~ ~ ~~ ~~ Janet L. Wylie File Number 21-11- Estate of Emma Louise Houska, Deceased Social Security Number: 137-12-0517 Date of Death: March 26, 2011 AND NOW , 201 1, in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hei°eby granted to Janet L. Wylie in the above estate and that the instruments dated June 3, 1993, and March 12, 1999, describ~;d in the Petition be admitted to probate and filed of record as the last Will and Codicil of Decedent. FEES / __ ~ '~ • i n C~} egister of ~ ills ~~' ~~''~ 1 ~; [d ~ ~ Letters .............~. .. $ ,~.-~- , /~ ~ N~ Short Certificate(s) ........ $ ~ ~ Attorney Signature: •' ,_~ Renunciation(s) ........... $ Attorney Name: Wayne F. Shade, Esquire i .I ~ ... $ ~' Dd Supreme Court ID No.: 15712 -~k~~,~ ... $ ~ 7d r ... $ .JScC ... $ ... $ -- ... $ . $ ... $ TOTAL .......... $ ~~ Address: 53 West Pomfret Slxeet Carlisle, PA 17013 Telephone: 717-243-0220 C`? ~' --r~ .~-- t-7 - :`~ (°Ti _ `-~ -' ~ `...:1 ~...__ ~~ ~~ ~.~ . ~~ i , r _. .~~.: =~ _' t~ _ _ _... ~,. ~.~ C.) ~' " Ti ~. • I, EMMA LOUISE HOUSKA, residing at 1059 East Brook Road, Martinsville, Township of Bridgewater, County of Somerset and State of New Jersey, being of sound and disposing mind, memory and understanding, do hereby make, publish and de- clare this to be my Last Will and Testament, hereby revoking all former Wills, Codicils or instruments of a testamentary nature heretofore made by me, in the manner following, that is to say: FIRST: I order and direct that my execu- tor, hereinafter named, shall pay all my just debts, funeral and testamentary expenses as soon as may be convenient after my de- cease. SECOND: I give, devise and bequeath all of the rest, residue and remainder of my estate, whether the same be real, personal or mixed, of whatsoever nature and description and wheresoever situate, to my husband, Vladimir J. Houska. THIRD: I nominate, constitute and appoint my husband, Vladimir J. Houska, executor of this, my Last Will and Testament, and I order and direct that he need not post any bond or other surety to serve in said capacity. FOURTH: In the event my husband,, Vladimir J. Houska, shall predecease me, or in the event we die in a common accident, or under circumstances giving rise to a question. of which one of us survived the other, then and in that event I give, devise and bequeath all of the rest, residue and remainder of my estate • ,. ~~ r,,-~ ~:Y ~ ^~,, .:a s f o l lgw s -- ~ ~~,, ~-_ Q-~ - ~ _. C?_ =-- r ~''1 _~ L~` ~~ .~.~, Ct~ -~= w~a .: M~ J _ {~'~~ . - I x - 2 - A. One-third of my estate to my son, Richard Val Houska, per stirpes and not per capita. B. One-third of my estate to my daughter, Janet L. Wylie, per stirpes and not per capita. C. One-sixth of my estate to my daughter, Nancy M. Houska, per stirpes and not per capita. D. The remaining one-sixth of my estate I give, devise and bequeath to my two grandchildren, Megan Schneeberger, P.O. Box 297, Victor, Montana 59875, and Sally New- man, P.O. Box 46, Cardwell, Montana 59721, in trust under the fol- lowing terms and conditions: 1. I nominate, constitute and appoint my daughter, Janet L. Wylie, as trustee for the aforesaid grandchildren, who are daughters of Nancy M, Houska, and I order and direct that said trust shall terminate upon each of them attaining the age of 18 years. I give to my trustee complete and absolute dis- cretion with respect to the investment of any money coming into her hands as well as the making of any interim distributions to Megan Schneeberger and Sally Newman prior to the time said trust is to terminate. 2. In the event either of my granddaughters, who are the beneficiaries of the aforesaid trust, should die prior to their attaining the age of 18, then I order and direct that the survivor between them shall receive the entire resi- due of the trust upon attaining the age of 18. FIFTH: I nominate, constitute axxd appoint my son, Richard Val Houska, and my daughter, Janet L. Wylie, or the survivor, as alternate executors under the terms of this, my Last Will and Testament, and I order and direct that they need not post any bond or other surety to serve in said capacity. - 3 - SIXTH: I give to my executor or executors, whoever it may be, complete and absolute power to sell a.ny any all real estate that I may own at the time of my death in order to per- mit him or them to marshal any assets that may be left to any of my beneficiaries herein. I give to my executor or executors com- plete and absolute discretion in the manner in which he or they elect to liquidate any real estate and to make the best ;possible transaction under the circumstances and with the market conditions that exist at that time in order to realize and derive as much capital as is reasonably possible from my assets. IN WITNESS WHEREOF, I have hereunto subscribed my hand and seal this ~..~=--- day of June, One Thousand Nirle Hundred and Ninety-three. EMMA LOUISE HOUSKA 07016-WILL RA~~"-SELF PROVED AFFIDAVIT ~ ©1Q90 ALL-STATE LEGAL SUPPLY CO. (SIMULTANEOUS EXECUTION) R V S T-1 One Commerce Drive, CEanford,"N.~d. 07016 I, EMMA LOUISE HOUSKA th~C~x~r Testatrix) sign my name to this instrument this ~?--~ day of June , 19 9 3 ,and being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will; that I sign it willingly; that I execute it as my free and voluntary act for the purposes therein expressed; and that I am 18 years of age or older, of sound mind and under no constraint or undue in, f luence. ~~~~~ Testatrix) We, the above named witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that thDt-~~ar~l'estatrix) signed and executed this instrument as his or her Last Will and that he or she signed it willingly; that each of us, in the presence and hearing of they Testatrix), hereby signs this Will as witness to the signing thereof by th~~X' Testatrix); and that to the best of our knowledge the if~tx~ox Testatrix) is 18 years of age or older, of sound mi~ad and under no constraint or undue influence. r ~ ;, Address it ess ~~ ., r }},_ t.. ~, Witness J Address STATE OF NEW JERSEY COUNTY OF MIDDLESEX SS. Subscribed, sworn to and acknowledged before me by EMMA LOUISE HOUSKA f.; bscribed and sworn to before me by ~~~ - /~"~'~'tf the T~g~~~~estata~x), and su ~ and ~~~ t .~C% i~,~ ,~~--~1'~_ T ~--- _- ~---`~ 'y , th~ witnesses, this ~ c~ day of June ~ 19 9 3 :- ~r RAYM D , ,.,, DE MARCO An A torxr~y at Law of New Jersey I, EMMA LOUISE HOUSKA, residing at 1059 East Brook Road, Martinsville, Township of Bridgewater, County of Somer- set and State of New Jersey, being of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be a Codicil to my Last Wi11 and Testament dated, June 3rd, 1993, that is to say: FIRST: I hereby change the provisions of Paragraph Fifth of my said Will, dated, June 3, 1993, so that it will pro- bide as follows: I nominate, constitute and appoint my daughter, JANET L. WYLIE as alternate Executor under the terms of this, my Last ~~ill and Testament, and I order and direct that she need not post any bond or other surety to serve in said capacity. SECOND: In all other respects, my said Will, dated, June 3, 1993 shall remain unchanged and of full force and effect. IN WITNESS WHEREOF, I have hereunto subscribE:d my hand and seal this ~~ day of March, One Thousand Nine: :Hundred and Ninety-nine. ..~ v T -' EMMA LOUI SE HOIJSKA <:_.. ~ -~ _ ~ ~rr~ - c , z~ ~ _ ~--~ ....n ..~~ __ ~~ t.,~:,~ --~ t~ 07016-WILL PAGE -SIGNING AND SELF PROVED AFFIDAVIT Printedoc,7~~D4=~Rec~cledandRecyclablePaper ~ ©1990 ALL-STATE LEGAL, A Division of a D G R v s T- ~ All-state International, Inc. 908-272-0800 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 12th day of March , 19 99 EMMA LOUISE HOUSKA This Will was SIGNED, SEALED, PUBLISHED and DECLARED by the above na-~-zed 71i~~~~r Testatrix), as and for~~i her Last Will and Testament in the joint presence of us, who, at~t~aXA~ her request and in ~h~:d~ her presence and in the presence of each other, have hereunto subscribed our names as witnesses, this L ~ TH day of March , 19 9 9 Signatures Names of Witnesses' ~~~ ~-~ '~i',~,." ---~O1~E.T~'.~.---INT.~L1aQUG.HB-y---------------------------- - ------------------------------------------------- - ------------- ---------------------------- ---------------------- ~TTA WILL UGHBY~ ~/~,~~,,~ ~,~.~'C.y ~ MARYANN HIRSCH MARYANN H I IBS CH I, EMMA LOUISE HOUSKA the~~t~gK~ Testatrix) sign my name to this instrument this 12th day of March , 19 99 , cxnd being duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will; that I sign it willingly; that I execute it as my free and voluntary act for the purposes therein expressed; and that I am 18 years of age or older, of sound mind and under no constraint or undue inf l~rcence. (~~_~ EM~tiiA LOUISE HOUSKA ~~~~Xk Testatrix) We, the above named witnesses, sign our names to this instrument, and, being duly sworn, do hereby declare to the undersigned authority that the ~~~~ Testatrix) signed and executed this instrument as ~li3ZsXa~r her Last Will and that he or she signed it willingly; that each of us, in the presence and hearing of the ~~b3~~ Testatrix), hereby signs this Will as witness to the signing thereof by the ~~~'i~~Testatrix); and that to the best of our knowledge the s~~~r Testatrix) is 18 years of age or older, o~"sound mind and under no constraint or undue influence. t DUNELLEN, NEW JERSEY 08812 Witness LORETTA WILLOUG Witness l~,A ANN HIRSCH Address '1. DUNELLEN, NEW JERSEY 0$812 Address STATE OF NEW JERSEY SS. COUNTY OF MIDDLESEX Subscribed, sworn to and acknowledged before me by EMMA LOUI SE HOUSKA the ~~~r Testatrix), and subscribed and sworn to before me by LORETTA WILLOUGHBY and MARYANN HIRSCH ,the witnesses, this 12th day of March , 19 gg ,,.-~'' ;, ~1 ~. ( ~. ~` ~. ~. ~~~P . DEMARC'O an Attorney-at-Law of New Jersey -2--