HomeMy WebLinkAbout06-17-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Viola June Black
a/k/a: Viola J. Black
a/k/a:
a/k/a:
Deceased ESTATE NO: 21- - (U
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
applicable:
D A. Probate and Grant of Letters Testamentary or ~ Administration c.t.a., or d.b.n.c.t.a
and aver that Petitioner(s) is/are entitled to the aforementioned Letters Testamentary
the last Will of the above-named Decedent, dated __ 1/28/2005 __ 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(8): N/A
~ 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 riot a party to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(8), except as foll,Q~s:
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USE ADDI"I'IONAI~ StiEG7'S IF N[:CF,SSARY """t ~-ry
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THIS SECTION MUST BE COMPLETED: ~"
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her la:~t family or principal residence
At 1488 Brandt Avenue, New Cumberland, Cumberland County, PA 17070
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then 86 years of age, died
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
6/3/2011 at
(Month, Day, Year of death)
SS NO:
(complete Part C also)
under
Lower Allen Township, Pennsylvania
(City and State where death occurred)
All personal property $ 8,000.00
Personal property in Pennsylvania $
Personal property in County $
Total Estimated Value $ 8,000.00
Location of Real Estate in Pennsylvania: (Provide full address if possible.)
Ciuns~tu re(sl 7
:Name(s) & Mailing Address(es)
---n----- -. ,
~' Lois Hippensteel, 1488 Brandlt Ave., New Cumberland, PA 17070
,. Scot E. Davis, 1622 Woodhaven Dr., Hummelstown, PA 17036
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Goria 1 of 7
Interim Form RW-02 revised 12.26.10 by Cumberland (:ounty pending action ny the ~,ourt
OATH OF PERSONAL REPRESENTATIVE ~
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The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petitl~o~lre true and ~.....~n ~-
correct to the best of the knowledge and belief of Petitioner(s) and that, as personal repr~'sentative(~,:of th~;~
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Decedent Petitioners will well and truly administer the estate according to law. ~`
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DECREE OF PROBATE AND GRANT OF LETTERS
Estate of Viola June Black a/k/a Viola ]. Black ,Deceased File Number: 21-_ -
AND NOW, this 'day of ~U j , in consideration of the Petition on
the reverse side hereon, satisfactory proo .having been presented before me, IT :[S DECREED that Letters
x Testamentary of Administration are hereby granted to:
(If applicable, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.)
Lois Hippensteel and Scot E. Davis in
the above estate and that instruments(s) dated 1/28/2005 df;scribed in the petition be
admitted to probate and filed of record as the last Will anc~ Codicil(s) of Decedent. ~ ~
Ganda Farner Strasbaugh, `~ ~;~'G~j ~ /
Register of Wills
FEES:
T,etters ....................$ 45.00
Will ....................... 15.00
Codicil(s) .............. .
(2) Short Certificates 8.00
( )Renunciations.......
Bond ............................
Other ............................
Automation FEE......... 5.00
JCS FEE .................. 23.50
TOTAL ................$ 96.50
Signature of Counsel Re~tuired to Enter Appearance
At 's Si nature ~~
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PRINTED Name: Elyst~ E. Rogers
Supreme Court ID No... 41274
Address: Saidis, Sullivan & Rogers, 635 N. 12th
St., Ste 400, Lemoyne, PA 17043
Phone: 717-612-5801
Fax: 717-612-5805
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the. Court Page 2 of 2
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OF
VIOLA JUNE BLACK
I, VIOLA JUNE BLACK, of Millsboro, Delaware, Crounty,
Pennsylvania, do hereby make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Family Information. I am a widow, having
been married to KENNETH GORDON BLACK. I have no children. My intended
beneficiaries include my siblings, ARTHUR W. DAVIS, GEORGE S. DAVIS, PAUL
DAVIS, LOIS HIPPENSTEEL, MARIE MILLER and the issue of my deceased
sister, NAOMI McCURDY.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death, whether payable by my
estate or by any recipient of any property, shall be paid by the E:~ecutor out of the
residue of my estate, as an expense and cost of administration of my estate, except
that no taxes shall be charged against any gift qualifying for the marital or
charitable deduction in my estate. The Executor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other property not passing under this Will.
ITEM III: Debts and Final Expenses. I direct the
Executor to pay the expenses of my last illness, my legally enforceable debts, and
my funeral expenses from the residue of my estate as an expense and cost of
administration of my estate.
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ITEM IV: Tangible Personal PropE~~.
(a) Written List. I may leave a written list in my safe deposit
box or elsewhere disposing of certain items of my tangible personal
property. The Executor shall dispose of items of my personal property
as specified in the written list. If no written list is found in my safe
deposit box or elsewhere and properly identified by the Executor
within thirty (30) days after the probate of my Will, it sh<~11 be
presumed that there is no other statement or list. Any sLibsequently
discovered list shall be ignored.
(b) I give any property of the type described in this Item and
not set forth in a written list to my siblings, and to the then living
issue of my deceased siblings, to be divided among them a~ they shall
agree. Should there be no agreement, the Executor shall divide this
property between them in as nearly equal portions as the Executor, in
the discretion of the Executor, deems appropriate, having due regard
to the personal preferences of the beneficiaries. The Executor shall
represent any minors in the division of this property. If the Executor
thinks any property to which a minor child would become entitled is
unsuitable for the child's use, the property shall be sold and the
proceeds shall be added to the share of my residuary estate held for the
benefit of that child. The Executor may deliver any propez~ty to which
a minor is entitled and which is not sold to the person with whom the
child resides or who has the care or control of him (without; bond), and
the receipt of that person shall be a complete release of they Executor.
ITEM V: Residue. I give the residue of my estate, not
disposed of in the preceding portions of this Will, to the then acting Trustee of the
Page 2
VIOLA JUNE BLACK TRUST, as Trustees, IN TRUST, to be administered and
distributed in accordance with an Agreement of Trust executed by me, LOIS
HIPPENSTEEL and SCOT E. DAVIS, as Trustees and by me a;s Grantor, on the
'~1
~' day of ~ , 2005. I confirm and r.atif
y this Agreement
of Trust, as amended by me from ime to time, in every respect.
ITEM VI: Administrative Powers. In addition to the
powers granted at law, the Executor shall possess the following powers, each of
which shall be construed broadly and, may be exercised without court approval, but
in a fiduciary capacity only:
(a) Retain Investments. To retain any investments I have at
my death, including specifically those consisting of stock of any bank
even if I have named that bank as the Executor.
(b) Vary Investments. To vary investments and to invest in
bonds, stocks, notes, real estate mortgages or other securil~ies or in
other property, real or personal, without being restricted to so-called
"legal investments", and without being limited by any statute or rule of
law regarding investments by fiduciaries.
(c) Division of Assets. In order to divide the principal of my
estate or make distributions, the Executor is authorized to distribute
personal property and real property partly or wholly in kind, and to
allocate specific assets among beneficiaries so long as the total market
value of each share is not affected by the division, distribut;ion or
allocation in kind. The Executor is authorized to make, join in and
consummate partitions of lands, voluntarily or involuntarily, including
Page 3
giving of mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) Sell Assets. To sell either at public or private sale any or
all real or personal property severally or in conjunction with other
persons, and to consummate sale(s) by deed(s) or other instrument(s)
to the purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any. sale. The Executor is authorized to
make, execute, acknowledge and deliver deeds, assignments, options or
other writings as necessary or convenient to carry out the powers
conferred upon the Executor.
(e) Encumber Real Estate. To mortgage real estate, and to
make leases of real estate.
(~ Borrow Money. To borrow money from any person,
including the Executor, to pay indebtedness of mine or of any estate,
expenses of administration or inheritance, legacy, estate and other
taxes, and to assign and pledge assets of my estate.
(g) Pa Costs. To pay all costs, taxes, expenses a.nd charges
in connection with the administration of my estate.
(h) Distributions Without Court Order. To make
distributions of income and of principal to the proper beneficiaries,
during the administration of my estate, with or without court order, in
such manner and in such amounts as my Executor deems X,rudent and
appropriate.
Page 4
(i) Vote Stock. To exercise voting rights with respect to
securities which form a part of my estate, and to exercise all the
powers incident to the ownership of securities.
(j) Reorganize. To unite with other owners of property
similar to property in my estate to carry out any plans fo~~ the
reorganization of any company whose securities form a part of my
estate.
(k) Disclaim. To disclaim any interest in property which
would devolve to me or my estate by whatever means, inc:Luding but
not limited to the following means: as beneficiary under a will, as an
appointee under the exercise of a power of appointment, as a person
entitled to take by intestacy, as a donee of an inter vivos transfer, and
as a donee under athird-party beneficiary contract.
(1) Tax Returns. To prepare, execute and file tax returns of
any type required by applicable law, and to make all tax e:Lections
authorized by law.
(m) Allocate Expenses. To allocate administrative expenses
to income or to principal, as the Executor deems appropriate.
However, no allocation to income shall be made if the effect of the
allocation is to cause a reduction in the amount of any estate tax
marital deduction or estate tax charitable deduction.
(n) Employ Advisors. To employ custodians of property,
investment or business advisors, accountants and attorneys as the
Executor deems appropriate, and to compensate these persons from
Page 5
assets of my estate, without affecting the compensation t.o which the
Executor is entitled.
(o) Adiust Basis. To make any adjustment to basis
authorized by law, including, but not limited to increasing the basis of
any property included in my estate, whether or not passing under this
Will, by allocating any amount by which the bases of assE~ts may be
increased. The Executor shall be under no duty and shall not be
required to allocate basis increase exclusively, primarily, or at all to
assets which pass as part of my probate estate as opposed to other
property for which a basis adjustment is allowable. The Executor shall
allocate basis increase equitably among those beneficiariE~s receiving
property as a result of my death, but shall not be liable to any person,
nor subject to removal or surcharge, for any reasonable allocation of
basis increase.
(p) Compromise Claims. To compromise claims.
(q) Other Acts. To do all other acts in the Executor's
judgment deemed necessary or desirable for the proper and
advantageous management, investment and distribution c-f the estate.
ITEM VII: Survival. Any person who has died within
thirty (30) days of my death, or under such circumstances that the order of our
deaths cannot be established by proof, shall be deemed to have p~°edeceased me.
ITEM VIII: Executors. I make the following provisions
with respect to Executors:
Page 6
(a) I appoint my sister, LOIS HIPPENSTEEL a.nd my
nephew, SCOT E. DAVIS, to be the Co-Executors, hrein c:ollectively
referred to as "Executor".
(b) The Executor shall have the right to receive reasonable
compensation for services rendered and reimbursement for reasonable
expenses.
(c) No Executor shall. be liable or accountable fo:r any loss
that may result from the good faith exercise of the authority granted in
this Will.
(d) The Executor is specifically relieved from the duty of
filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding six (6) pages, at the
end of each page of which I have also set my initials for greater security and better
identification this
day of..~ , 20 ~' ~ .
`~'" (SEAL)
VIOLA NEB C
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testatrix as and for her Last
Will and Testament, in the presence of us, who, at her request ~~nd in her presence
and in the presence of each other, have hereunto set our hands and seals the day
and year first above written, and we certify that at the time of the execution
thereof, the said Testatrix was of sound and disposing mind and memory.
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF L.,•-~.~1 ~
I, VIOLA JUNE BLACK, Testatrix, whose name is signed to the
attached or foregoing instrument, having been duly qualified according to law, do
hereby acknowledge that I signed and executed the instrument as my Last Will and
Testament; that I signed it willingly; 'and that I signed it as my free and voluntary
act for the purposes therein expressed.
(SEAL)
VIO NE BLA
Sworn to and subscri d before
me thisp~ ~E,,, day of
20 l~S
Notary P lic
My Commission Expires:
(SEAL)
WEALTH QF PENFilYLV
Nu ~ HRIAt. SEAL
CYNTHIA ,! p~J~F ^~~tary Public
Camp Hill Bono :;umbe~land Ccwnty
Commission Expires Februa 3, 2048
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ~ ) SS:
and ~t ,e `~ t
he Witnesses whose names are signed to the
attached or foregoing instrument, being duly qualified accordin€; to law, do depose
and say that we were present and saw Testatrix, VIOLA JUNE BLACK sign and
execute the instrument as her Last Will and Testament; that Testatrix signed
willingly and that she executed said Will as her free and volunt~~ry act for the
purposes therein expressed; that each of us in the hearing and sight of the Testatrix
signed the Will as Witnesses; and that to the best of our knowledge the Testatrix
was at that time eighteen (18) or more years of age, of sound mind and under no
constraint or undue influence.
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Sworn to and subscri ed before W ~-}yte sS
me this~,~~..... day of
20D.5
Notary Pu is
My Commission Expires:
(SEAL)
C~~wEAL.TH OF PENNfYI.VANIA
NOTARIAL SEAL
CYNTHIA J. RULE, NotarX Pubic
Camp Hill Boro., Cumberland. Coun_tyy
My Commission Expires Febru 3~, Z008