HomeMy WebLinkAbout07-05-11 PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of CLARE TRACY File Number _ ~ ~ I ~ ~ "
also known as CLARE G • TRACY
,Deceased Social Security Number 2
CLARE M• KOERNER _
Petitioner(s), who is/are years of age or older, apply(ies) for:
(COMPLETE 'A' OR 'B' BELOW.)
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the E X E C U TAI X named in the
last Will of the Decedent dated / / 9 6 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 instrument(s) offered
for probate, was not the victim of a killing, was never adjudicated incapacitated, and was not a party to a~ pending divorce proceeding at the time
of death wherein grounds for divorce had been established as provided in PA C.S. section (g):
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente liter dura~nte absentia; durante minoritate)
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 above and complete list of heirs.) r.>
Name Relationshi _ Res
r- - ,
Cn ~ r,.,,..
wS
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(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /leer last principal residence at CHURCH 0 F
SOD HOME, N• HANOVER CARLISLE PA MIDDLESEX TOWNSHIP
(List street address, town/city, township, county, state, zip code)
Decedent, then 8 2 years of age, died on 2 2 at CHURCH O F G O D H O M E
N• HANOVER STREET CARLISLE PA
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 4 , 4
(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:
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 appropriate form to
the undersigned:
Signature Typed or printed name and residence
CLARE M• KOERNER SPRING HOUSE ROAD
PA
Page 1 of 2
Form RW-02 rev.
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF C!~MBERLAND '
The. Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct 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
Signature of Personal Representative
before me the day of
Signature of Personal Representative ~
.
For the Register Signature of Personal Representative ~ ~ ' t., : t;
~ ~ ,
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File Number: ~ ~ + / ~ D c4~
Estate of C I A R F T R A Y ,Deceased
Social Security Number: 2 2 2 4 6 Date of Death: 5 / 2 7 / 2
AND NOW, ~ ~ , , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters T F c T e M N T A R Y
are hereby granted to CLARE M• K O E R N R
in the ubt~ve estate
and that the instrument(s) dated ^ ~ R ~ R , ~ 9 9 6
described in the Petition be admitted to probate and filed of record as the last Will ( d Codicil(s)) of De dent..
FEES ~
~ ~ _ Register o i s ~
Letters $
Short Certificate(s) • • • ~ • • • • • $ ~ ~ ~ ~ Attorney Signature:
Ren ciation(s) $ _
~ •db Attorney Name: nAVTi~ W • REALER
_ $
• • $ Supreme Court LD. No.: ~ 0 8 6 8
_ $ ~ .
$ Address: MARKET STREET
$ CAMP HILL
$
$ PA
$
$ Telephone:
TOTAL $ 3
Form RW-02 rev. Page 2 of 2
Injury (SpaxlyJ 32g. Location d iyrxy (StreN, dy /town, state)
? Yes ? No ? Yes ? No ? ~ ? Driver/Operetor Pa ? Pedestrian
? Suicide ? Could Not be Determined M ? Yes
Omer -Specify:
33b.
33a. Certifier (check any one)
• catiying physkfarr (Physician certifying cause d death when arwmer ptrysicien fras pronounced deem and carrpleted Item
To the bat of mY krroarlsdP, death oceurod dun to stye cause(s) and manner a stated _ _ _ _ _ _ _ ?
n9 ~ g PhYsidat (Physiden lxMh pronotsreitg deem end certifying to cause d deem) - - - - - - - - - - - - - - - - - - - - - - - - - - 33c. 7 33d. Date signed (Monet, day, freer)
z To tlra bat of my trnowlsdys, d.un occrxred at the time, date, and plea, and doe to the euae(q end manner a stated _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ? ~ ~ D `r - C . S l 3 (l l
o fAedkel Examiner/Coroner /
W On the bris d exarnine8on end / a InvaatigNbn, In my opinion, death oecumd at the thrre, date, ant place, and due to tfw ease(s) errd manner a stNed_ ? Name and Address d Person Who Completed Cause d Deem (Item Type / Prid
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CLARE TRACY ~ ~ '_i
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I, Clare Tracy, of Nantucket Drive, Mechanicsburg, Cumbd Co my„,~ rn
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Pennsylvania, being of sound and disposing mind, memory and understanding, do
hereby make, publish and declare this my Last Will and Testament, hereby revoking
any and all prior wills and codicils thereto by me at any time heretofore made.
FIRST
I direct that all my just debts and the expenses of my last illness and funeral
shall be paid from the assets of my estate as soon as practicable after my decease.
I authorize my personal representative to expend funds from my estate, in such
amounts as my personal representative shall consider necessary and desirable, for the
purchase, erection and inscription of a suitable marker for my grave.
SECOND
I give and bequeath all automobiles, household effects and other tangible
personal property, not including cash or securities, owned by me at my death, together
with all policies of insurance thereon, in equal shares to my children, Edward Joseph
Tracy of Buffalo, New York; Clare Marie Koerner of Camp Hill, Pennsylvania; John
.y~
Clare Tracy Page 1 of 9
Thomas Tracy of Montgomery, Alabama; Marian Clare Willauer of West Virginia;
Bernadette Mowad of Clemmons, North Carolina; Anne Elizabeth Willauer of
Clemmons, North Carolina; and Dorothy Agnes Kochner of Central Islip, New York;
as are living on the date of my death. In the event Edward Joseph Tracy is not living
on the date of my death, I give and bequeath his share of my personal estate to Lee
Ann Tracy. In the event any of my other children are not living on the date of my
death, I give and bequeath their share to their children, per stirpes. Any item of
personalty passing to a minor under this paragraph maybe delivered to the minor or
to any person to hold for the minor, as my Executor thinks advisable, and the receipt
of any such person, including the minor, shall constitute a full and complete discharge
to my Executor.
THIRD
I give, devise and bequeath the residue of my estate, of every nature and
wherever situate, in equal shares to my children to be divided between or among them
equally, share and share alike, the share of any deceased child to pass to his or her
descendants, per stirpes. However, in the event Edward Joseph Tracy fails to survive
me for whatever reason, his share shall pass to Lee Ann Tracy.
Clare Tracy Page 2 of 9
FOURTH
In the event any beneficiary who is entitled to a share of the residue under Item
Third has not yet attained the age of twenty-three years at the time for
distribution to him or her, then I give, devise and bequeath the share of each such
beneficiary to my trustee hereinafter named, IN TRUST, nevertheless, upon the
following terms and conditions:
A. The income and so much of the principal as may, in the sole
discretion of my trustee, be necessary for the maintenance,
support, medical expenses, and education of the beneficiary, shall
be paid to the beneficiary or shall be applied directly for his or her
benefit.
B. Any income not so paid or applied shall be accumulated and added
to such beneficiary's share of the trust estate.
C. Any income and principal remaining in such beneficiary's share of
the trust shall be distributed to such beneficiary when he or she
attains the age of twenty-three years.
D. In the event any such beneficiary who has not yet attained the age
of twenty-three years at the time of my death dies before
distribution of his or her entire principal share, then such share
shall be distributed to such benef"iciary's then living descendants,
~
Clare Tracy Page 3 of 9
' . / • _ • •
per stirpes, absolutely; or in default of such descendants, it shall
be distributed in accordance with Item Third of this Will.
E. Any income or principal payable to a beneficiary under this Item
Fourth may be accumulated or expended for the maintenance,
support, medical expenses, or education of such beneficiary as the
trustee, in his sole discretion, may determine. My trustee may, in
his discretion, pay the said income or principal directly to the
beneficiary, to the person having the care or control of such
beneficiary, or to any institution entitled to such payment by
reason of services rendered to or to be rendered to said beneficiary,
without the intervention of a guardian.
FIFTH
All principal and income, until actual distribution to the beneficiaries, shall be
free of the debts, contracts, assignments, alienations anal anticipations of any
beneficiary, and the same shall not be subject to any levy, attachment, execution or
sequestration.
Clare Tracy ~ Page 4 of 9
SIXTH
I direct that all taxes that may be assessed in consequence of my death, of
whatever nature and by whatever jurisdiction imposed, ;shall be paid from my
residuary estate as a part of the expenses of the administration of the estate.
SEVENTH
My personal representative and trustee shall have the following powers in
addition to those vested in them by law and by other provisions of this Will:
A. To retain any or all assets of my estate, real or personal, without regard
to any principle of diversification, risk or productivity.
B. To invest in all forms of property as my fiduciary may deem proper,
without regard to any principle of diversification, risk or productivity.
C. To purchase investments at a premium or discount.
D. To exercise all rights of a security holder or shareholder in any
corporation; to give proxies; to join in any merger, consolidation,
reorganization, voting trust plan, or other concerted action of security
holders; and to delegate discretionary duties with. respect thereto.
E. To sell at public or private sale, to exchange or to lease, for any period of
time, any real or personal property, and to give options for sales,
exchanges or leases, for such prices and upon such terms or conditions as
they deem proper.
Clare Tracy Page 5 of 9
F. To allocate receipts and expenses to principal or income, or partly to each.
G. To borrow money and to mortgage or pledge any real or personal property
as security therefore, in their sole discretion.
H. To compromise any claim or controversy without order of court or consent
of any beneficiary.
I. To exercc~sse any option, right or privilege granted. iri insurance policies or
arising from ownership of investments.
J. To permit my minor to occupy any real estate retained or acquired upon
such terms and conditions as my trustee may deem proper.
K. To make any distribution herein provided for in cash, in kind, or partly
in each, at valuations fixed by my personal representative or trustee at
the time of distribution.
L. My fiduciary may, in his or her sole discretion, donate any part or all of
my tangible personal property to any charitable organization(s) which
would benefit from such donation. My fiduciary is then instructed to use
the value of said donation(s) as a tax deduction for any inheritance tax
return which may be required to be filed as a consequence of my death.
Clare Tracy Page 6 of 9
EIGHTH
I appoint Clare M. Koerner of Camp Hill, Pennsylvania as Executrix, of this, my
Last Will and Testament. Should Clare M. Koerner, predecease me or for any reason
fail to qualify as such Executrix, or having qualified, fail to serve as such Executrix,
then I nominate, constitute and appoint Bernadette Mowad of Clemmons, North
Carolina, Executrix of this My Last Will and Testament.
NINTH
I appoint Clare M. Koerner of Camp Hill, Pennsylvania as trustee of the trusts
created under this Will. If the aforesaid Clare M. Koerner is unable or unwilling to act
or to contanue to act in that capacity, then I appoint Bernadett;e Mowad, of Clemmons,
North Carolina, as trustee of the trusts created under this Will.
TENTH
My Executrix and Trustee shall not be required t:o post security in any
jurisdiction.
Clare Tracy Page 7 of 9
~ , 1 ~ ~
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my
Last Will and Testament, consisting of nine typewritten pages, the first seven
of which bear my initials in the margin for the purpose of identification, this 13th day
of November,
G
Clare Tracy, Testatrix
Signed, sealed, published and declared by the above-named Testatrix, Clare
Tracy, as and for her Last Will and Testament, in the sight and presence of us, who,
at her request, in her sight and presence and in the sight and presence of each other,
have hereunto subscribed our names as witnesses.
l ~ Address 3 ~ _ C7"' '
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Page 8 of 9
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COMMONWEALTH OF PENNSYLVANIA )
. SS:
COUNTY OF CUMBERLAND )
I, CLARE TRACY, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE
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.
SWORN OR AFFIRMED TO AND ACKNOWLEDGED BEFORE ME BY CLARE
TRACY, THE TESTATRIX THIS 13TH DAY OF NOVEMBER,
G~
Clare Tracy, Te trix
~ N
~ ~ ~
Notary P i
NaTAR~A~
SEAL.
COMMONWEALTH OF PENNSYLVANIA ) RHONDA L.INOODS, Notary Pubiic
SS: Camp Hill 8oro. Cumberland County
My Commission Expires Sept.
COUNTY OF CUMBERLAND ) Member, Pennsytran'.a ;a~,7n ai Notaries
WE I AND r _ ~ . ~ E? ~ ~ r~ Gam.
THE WIT SES WHOS AMES ARE SI~NED TO THE FOREGOING INSTRUMENT
BEING DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE
PRESENT AND SAW THE AFORESAID TESTATRIX SIGN AND EXECUTE THE
INSTRUMENT AS HER LAST WILL AND TESTAMENT; THAT SHE SIGNED WILLINGLY
AND THAT SHE EXECUTED IT AS HER FREE AND VOLUNTARY 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 THE TIME EIGHTEEN OR MORE
YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE
INFLUENCE.
SWORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS 13TH DAY
OF NOVEMBER,
~
it ss
Witness
i
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RHONDA L. WOODS, Notary Public
Camp HiU Boro. Cumberland County Page 9 of 9
My Commission Expires Sept.
Member. ~veyn,~~~+~+?Pl~,3 h'"~^~'•at~()n of Notaries