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HomeMy WebLinkAbout11-18-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Arbutus J. Hellam File Number 21 -11 '~ ~ ~f~ also known as Arbutus Jean Hellam Social Security Number Deborah Sheaffer and Alan Hellam Petitioner(s), who is/are 18 years of age or older, appy(ies) for: (COMPLETE A' or '8' BELOW.•) ^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EX@CUtOrS named in the last Will of the Decedent dated 04/17/1997 and codicil(s) dated (State relevant circumstances, e.g., renunaation, death 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)~Qffered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ~,t/,D l,J1E'S J~/O % /4 l~i4 ~! t/ ~ ~ PY~~1]/1J[9 ~/t/a.CC,E /.~oC'~+~/~' /¢T r/f~' Tit,/t 0~11F~ Wi!~F--.C~/nl,~/~un~.S t'O~C ^ 0/ /Jp .CL'L /MJl jJ~N ac siie~c-r5 iK~' /r'~ JG r ~.r, jrCS ivr ~.~ i.., ~.~s'aC.Z; B. Grant of Letters of Administration ap rca , en r. c..a.; ..n.c..a.; n e; uren a n uren mr a Petitioner(s1 after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If Administrahon, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) Name Relationship Residence r`.> n C ~O ~ ^^ r "~ ~.~ -tJ `ten ~ ~ _ ~ ,I ^ / (COMPLETE /N ALL CASES:) Attach additional sheets Hnecessary. ~` ~ Tt~ Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal reside~'~ ~ i~~- r-n~ 911 Robert St., Mechanicsburg, PA 17055 (Borough of Mechanicsburg, Cumberland County) (List street address, tow//cnl: township, county, state, zip code) Decedent, then $$ years of age, died on 09/22/2011 at Carlisle Regional Medical Center, Carlisle, PA 17013 Decedent at death owned property with estimated values as follows: (If domiciled in PA) g 10,000.00 (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania All personal property Personal property in Pennsylvania Personal property in County situated as follows: 911 Robert Street Mechanicsburg, PA 17055 150,000.00 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 appropriate form to the undersigned: Signature Typed or printed name and residence ~ { Deborah Sheaffer 5212 Oxford Dr. Mechanicsburg, PA 17055 ~~ Ala/r{.llallam 6 // 205 LarNzy Road Mechanicsburg, PA 17055 F- wm~~-0Z Rev. 14132006 Copyright (c) 2006 form software ony The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative ~.,~ COMMONWEALTH OF PENNSYLVANIA } SS ~~ COUNTY OF Cumberland } ~ Z ~ The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct'- ~st of ~ the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well at~(il~ administer the estate according to law. / / ~~ `6 ~ (',,, 7 ~,r ~:,! ~-, ; rn ;+~• , ~Ea ._y.~ -w cn O Signature of rsonal Representative eborah Sheaffer _ ~/ o-l Alan Signature of Personal Representative File Number: 21 -1'F Estate of Arbutus J. Hellam ,Deceased Socia- Secu ity Number: 193-16-4903 Date of Death: 09/22/2011 AND NOW, / / , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Deborah Sheaffer and Alan Hellam in the above estate and that the instrument(s) dated 04/17/1997 described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES ~ r b6 Letters .......................... ~........ $ Short Certificate(s) ........................ $ - V Renunciation(s) ............................. $ ~l $ , ba $ ,cr~ $ •OG $ $ $ $ $ $ TOTAL .................................... $ ~ Att Supreme Court I.D. No.: 21542 Ball, Murren 8~ Connell Address: 2303 Market Street Camp Hill, PA 17011 Telephone: 717/232-8731 r-onn RW-02 Rev. ~a~3-zoos Copyright (c) 2006 forth software only The Lackner Group, Inc. Pege 2 M 2 Swom to or affirmed and subscribed before me this _~ day of Attorney Name: Richard E Connell Esq ~ O C'^.,k r.:5 """ ~ ~ r1 rn r ",, LAST WILL AND TESTAMENT `~°~T' ''%~ S~ =~~ •- '~~ - __ c -.'.~ m OF n ~.~ ~" ~ ARBUTUS J. HELLAM KNOW ALL MEN BY THESE PRESENTS, that. I, ARBUTUS J. HELLAM, presently residing at 911 Robert Street, Mechanicsburg, Cumberland County, Pennsylvania, do hereby make, declare and publish this as my Last Will and Testament, hereby revoking all former Wills, Codicils and Testamentary Trusts heretofore made by me. I. Payment of Expenses. I direct that my Executor, hereinafter named shall have the power, but not the duty, to pay all my just debts, expenses of my last illness, and funeral expenses from my estate as soon after my death as shall be found convenient. GIFTS II. Specific Bequest: I give my anniversary/wedding ring to my daughter, DEBORAH, if she survives me by thirty-one days. If she is not living on the thirty- first day after my death, said ring shall be included as part of the property disposed of under Paragraph III of this Will. III. 'Personal and Household Effects. I bequeath my automobiles, household and personal effects and other tangible property of like nature (not including cash or securities) together with any existing insurance thereon, to my husband, GEORGE T. HELLAM, if he survives me by thirty days. Should my husband GEORGE T. HELLAM, not be living on the thirty-first day after my death, I bequeath such tangible personalty and insurance thereon to my children, per stirpes, living on the thirty-first day after my death, to be divided between them by my Co-Executors, with due regard for their personal preferences, in as nearly equal shares as practical. Should any child of mine not be living on the thirty-first day after my death, leaving issue to survive him or her, said child's share shall be allotted to her or her then living issue, if any, and in default of such issue, such share shall be added to the share of my other child, or the issue of such other child, per stirpes. Any such personalty not so divided shall thereafter be disposed of by my Co-Executors by public sale or in such manner as my Co-Executors shall select; all proceeds therefrom shall form a part of the residue of my estate hereinafter disposed of. I intend to leave a memorandum setting forth suggestions as to the distribution of certain items and, while the memorandum is not to be legally binding, I hope the suggestions in it will be carried out. RESIDUARY ESTATE IV. A. Spousal Gift. I give, devise and bequeath the rest, residue and remainder of my estate, whether real, personal or mixed and of any nature whatsoever and wherever situated, to my beloved husband, GEORGE T. HELLAM, absolutely, if she survives me by thirty (30) days. B. Remainder Gift. In the event that my husband, GEORGE T. HELLAM, should predecease me or not be living on the thirty-first (31st) day after my death, I give, devise and bequeath of the rest, residue and remainder of my estate, whether real, personal or mixed, and of any nature whatsoever and wherever situated, to my children, in equal shares. Should my son, ALAN, not be living on the thirty-first day after my death, leaving issue to survive him, his share shall be divided into six (6) equal shares with one share for his wife, KATHY, and the other shares to his issue, per stirpes. Should ALAN's wife, KATHY, not survive him by thirty-one days, her share shall be paid to ALAN's issue, per stirpes. If ALAN leaves no issue to survive him, his share shall be paid to his wife, KATHY, if she survives him, but, in default thereof, his share shall be added to the share of my other child. Should my daughter, DEBORAH, not be living on the thirty-first day after my death, leaving issue to survive her, her share shall be paid to her issue, per stirpes, and in default of such issue, such share shall be added to the share of my other child, or the issue of such other child, per stirpes. V. Fiduciaries. I hereby nominate, constitute and appoint my husband, GEORGE T. HELLAM, as Executor of this my Last Will and Testament. In the event that my said husband, GEORGE T. HELLAM, shall predecease me, or be unwilling or unable to act as Executor, as aforesaid, :then I nominate, constitute and appoint my daughter, DEBORAH SHEAFFER, and my son, ALAN HELLAM, as Co-Executors of this my Last Will and Testament. VI. No Executor (Co-Executor) shall be required to give bond or enter security for the performance of their duties. ~I i. r „T ~~-~~,. ,, . z. ADMINISTRATIVE PROVISIONS VIII. My Executor (Co-Executors) shall have, in addition to the powers and authority conferred upon him by law, the following additional discretionary powers and authority: 1. To retain any property received by him. 2. To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or personal, at any time constituting a portion of trusts herein created, and upon such terms and conditions as the Executor shall deem wise. 3. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance annuities or other securities, or such property, real or personal, as the Executor shall deem wise, without being limited by any statute or rule of law regarding investments by the Executor. 4. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as he deems it wise, and even though such property is not the kind of property the Executor would purchase as an investment; and even though to retain such property might violate sound diversification principles. 5. To cause any security or other property which may at any time constitute a portion of my estate to be issued, held or registered in his own name, or in the name of a nominee, or in such form that title will pass by delivery. 6. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my estate, and to take any action with reference to such securities which, in the opinion of the Executor, is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to him as the owner of any securities constituting a portion of a trust or of my estate; to accept and hold, as a portion of a trust of my estate, securities resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 7. To pay all costs, taxes, charges and expenses in connection with the administration of a trust of my estate, including compensation to the Executor. -3- ~• ~~• 8. To determine what is "Income" and what is "Principal" hereunder, and ~'~ decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executor may determine. 9. To transfer, sell, exchange, partition,. lease, mortgage, pledge, give options upon, or otherwise dispose of any property at any time held by him, at public or private sale or otherwise. 10. To borrow money from any person, firm or corporation for the purpose of protecting and preserving or improving my estate or trust hereunder; to execute promissory notes or other obligations for amounts so borrowed. 11. To make distribution in cash or in kind. 12. To execute and deliver all documents necessary or appropriate for the exercise of his powers. 13. To employ legal counsel, accountants, brokers, investment advisors, custodians, managers and other agents any employees and to pay him reasonable compensation out of my estate or out of any. fund held hereunder to which said compensation is attributable. 14. To do all other acts in his judgment necessary or desirable for the proper and advantageous management, investment and distribution of a trust or of my estate. VIII. Protective Provisions. To the extent permitted by law, the interest of beneficiaries in principal or income shall not be subject to the claims of their creditors and others, nor to legal process, and shall not be voluntarily or involuntarily alienated or encumbered, except that nothing in this article shall preclude the assignment of all or any part of a beneficiary's interest to his descendants. TAX PROVISIONS IX. Death Taxes. I direct that all transfer and inheritance taxes, state or Federal assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executor pay, or provide for payment of all such taxes at such time or times, and in such manner as my Executor deems best. ~t r~~c.oo_~, _,. X. Tax Options. I authorize my Executor: A. Death Taxes. To exercise any options available in determining and paying death taxes in my estate; B. Income Taxes. To join with my husband in filing a joint income tax return; and C. Gift Taxes. To consent to any gifts made by my husband being treated as having been made one-half by me for the purpose of laws relating to gift tax. IN WITNESS WHEREOF, I, ARBUTUS J. HELLAM, the Testatrix to this my Last Will and Testament, typewritten on five (5) sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal the j 7 day of ~~ , 1997. (SEAL) ARBU S J. HELLAM The preceding instrument consisting of this and four (4) other typewritten pages, each identified by the signature of the Testatrix ,ARBUTUS J. HELLAM, was on this day and date thereof signed, published and declared by ARBUTUS J. HELLAM, the Testatrix therein named, as and for her Last Will, in the presence of us, who at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. / _ -5- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, ARBUTUS J. HELLAM, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. .~~ EAL) ARBUTU J. HELLAM Sworn or affirmed to aid acknowledged before me, by ARBUTUS J. HELLAM, the Testatrix, this j7 ay of G , 1997. Notary Public ,M,M,.,~^r.nr~.w Notarial Seat Gloria A. Cuddington, Notary Pubic Harri~tng, Dauphin Ce~ur~-, PA ~~nmisslon Expit+es Feb. 14,19 w..w COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND We, Gloria J. Coppersmith and Kathleen Hellam ,and Richard E . Conne 11 ,the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw ARBUTUS J. HELLAM sign and execute the instrument as her Last Will; 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 that 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 by Gloria J . Coppersmith and Kathleen M. Hellam. ,and Richard E, Connell ,witnesses this 17ttday of ~,pxil , 1997. (SEAL) Notary Public Not~tfat SeFtl tea A. ~~, ~'Y ~~ Hurg, paup-~in Ccxudy, PA iuly~ Commf~ia~ Expi~ f'eb.14,1996