HomeMy WebLinkAbout06-14-12PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Harold P. Guy Fite Number C~~ `-- 1 ~-~~
also known as
ecease Social Security
Petitioner(s) who is/;tre 18 years of age or older, apply(ies) for:
[X] A. Probate and Grant of Letters Testamentary and aver t hat [he Petitioner is the Executor
named in the Last WiII and Testament of Harold P. Guy
IS. Katherine Guy
state re evens[ circumstances, e.g. renunctauon, ea[ o executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after exa;cution of the instrument(s) offered
for probate, was not [he victim of a killing and was never adjudicated an incapacitated person:
[ ] B. Grant of letters of Administration
(Ifapp[icab[e enter: c.t.a.; ..n.c.t.a.; a ente tte; urante a sentta; uranre mtnorttate
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by [he following spouse (if any) and heirs: (If
Administration, c.t.a. or d.b.n.c.t.a., enter date of loll in Section A above and complete list of heirs.)
Decedent then 88 years of age died on 21 January, 2011
Decedent at death owned property With estimated values as follows:
(If domiciled in Pa.) All assets in Trust J ~~, pJp ~ 0.00
(if no[ domiciled in Pa.) -
(If no[ domiciled in~PaJ -
Value of real estate in Pennsylvania All assets in Trust -
situated as follows: Estate being ad~tiinistered for litigation purposes -
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COMPLETE WALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled a[ death in Cumberland County, Pennsylvania with his/her last principal residence at
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Pt:[ition and [he grant of Letters
in the aovrovriate form to [he undersiened:
OATH OF PERSONAL REPRESENTATI~
COMMONWEATLH OF PENNSYLVANIA ' "'""~~~ r~r~~~
REG~S~.~. ~ ~ ~;~~IILS
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statement in the fore.goi~T~~Tt~oh~re'ttU~'arfdJcorrect
to the best of the knowledge and belief of petitioner(s) and that as personal representative(s) p~ the Decedent,
Petitioner(s) will well and truly administer the estate according to law. `'~'~ ~~
ORPWaN'S i;OURr
~Jo~ ~J~ ~~ R~D CO., PA
Sworn to or firmed a d subscribed ,~ J,~~ 'GL /.~
this lay of ~lA.n o , 2011 -'~'-'
For the Register
File Number `~(~ ~ 9
Estate Of HAROLD P. GUY
Deceased
Social Security Number: 478-32-2815 Dare of Dearh 21 January, 2011
AND NOW
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to S. Katherine Guy
in the above estate
and that the instrument(s) datBd May 20, 2009
and desscribed in the Petition to be admitted to probate and filed of record as he L Will and Cgdicil(s) of
Decedent. ~ ~ ~ ~ A r A
FEES
Signature _~d~~~~2~ylz `d
^/~ Attorney Name Stephen D. Tiley
Letters x
Short Certificates Sup. Ct. I.D. No 32318
Renunciation
~/j/r lI J~ Address:
5 South Hanover Street
Carlisle, Pennsylvania 17013
S -- Telephone:
J . -Z~
TOTAL.. .
(717)243-5838
Page 2 of 2
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LAST WILL AND TESTAMENT ,~,
0
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OF ~ C m C~
_ ~c r ~;
HAROLD P. GUY ~~~ - ~ {'
v;. r ~~.
~~` -n
I, Harold P. Guy, of South Middleton Township, (1036 Pettersburg Ro ~3oilin~•' ~~.
Springs, PA 17007), Cumberland County, Pennsylvania, being off sound and ~sposing o
mind, memory and understanding, do hereby make, publish and declare this as and for
my Last Will and Testament, hereby revoking and making void any and all Wills and
Codicils heretofgre made.
FIRST
I direct the payment of my just debts and funeral expenses as soon after my
death as may be convenient.
I direct that all federal and Pennsylvania estate taxes, Pennsylvania inheritance
taxes, and generation-skipping transfer tax payable as a result of my death, not limited
to taxes attributable to property passing under this Will, shall be paid by my Executor
from my residuary estate, including any part of my residuary estate that otherwise
qualifies for a debuction for federal estate tax purposes, however, no federal or
Pennsylvania estate tax, Pennsylvania inheritance tax, orgeneration-skipping transfer
tax shall be pay~'ble from or chargeable to any property that passes to my surviving
spouse, whether under this Will or otherwise, and that qualifies for the federal estate tax
marital deductiori. I direct my Executor not to seek reimbursement for any tax so paid
from any beneficiary under this Will, heir of mine, or other transferee of property
included in my gross estate.
SECOND
I declare t~rat I am now married to S. Katherine Guy and that we had four (4)
children, to wit: rCaren K. Wood, Pauline J. Rader, Michael W. Guy, and Stephen O.
Guy. Karen K. VV/ood passed away on April 7, 2009. She had two children who survive
her, to wit: a daughter Katie Y. Haugland and a son Mark S. Haugland. I have no
deceased children nor any other children living by my wife or otherwise.
THIRD
All the rest, residue and remainder of my estate, real, personal and mixed, and
wheresoever the (same may be situate, I give, devise and bequeath, per stirpes and not
per capita, as follows:
(a) Twenty-five percent (25%) to be further divided equally between the two
children of Karern K. Wood, to wit: my granddaughter, Katie Y. Haugland and my
~ randson Mark $. Hau land
g g ,provided that each grandchild shall survive me by ninety
(90) days, but should any of them fail to so survive me then the share such deceased
grandchild would have received shall pass to such of his or her issue as shall survive
me by a period of ninety (90) days, per stirpes, and if there be no such issue the same
shall lapse and be added to the remaining grandchild's share or shares, and only if I arc
not survived by ninety (90) days by either grandchild, nor any issue of either grandchild,
shall this twenty-hive percent (25%) share lapse and be added to the remaining shares
set forth in subparagraphs (b), (c), and (d) of this paragraph Third.
(b) Twenty-five percent (25%) to my daughter, Pauline ,I. Rader, provided,
she shall survive 'me by ninety (90) days, but should she fail to so survive me then her
share shall instead pass to such of her issue as shall survive me by a period of ninety
(90) days, per stirpes, and if there be no such issue the same shall lapse and be added
Last Will and Testament d~f Harold P. Gay
Page / of 3
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competent
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FIFTH
In addition] to, and not in limitation of, the powers conferred by law or by other
provisions of thislWill, my Executrix shall have the following powers, each of which may
be exercised fronh time to time by my Executrix in her sole discretion:
(a) To retain in the form received, and to sell either at public or private sale, or
to dlistribute in kind, any real or personal property.
(b) To mianage both real and personal property.
(c) To ilnvest and reinvest in all forms of property, notwithstanding the fact that
any or all of the investments made are of a character or size which but for
this expressed authority would not be considered proper for an Executrix.
(d) To exercise any option or rights arising from the ownership of investments.
(e) To compromise claims without court approval and without the consent of
any beneficiary.
(f) To join with my wife, or her personal representative in the filing of any
fedora) income tax return for any year for which I have not filed such return
prior to my death and to consent to the treatment of any gifts made by her
as being made one-half by me for gift tax purposes, notwithstanding the
fact'tthat such action may result in additional liabilities to my estate. Any
Last Wi[! and Testament df Haro[d P. Cuy
to the remaining share or shares set forth in subparagraphs (a), (c), and (d) of this
paragraph Third.
(c) Twenty-five percent (25%) to my son Michael W. Guy, provided, he shall
survive me by ninety (90) days, but should he fail to so survive me then his share shall
instead pass to such of his issue as shall survive me by a period of ninety (90) days, per
stirpes, and if there be no such issue the same shall lapse and be added to the
remaining share or shares set forth in subparagraphs (a), (b), and (d) of this paragraph
Third.
(d) Tweenty-five percent (25%) to my son Stephen O. Guy, provided, he shall
survive me by ninety (90) days, but should he fail to so survive me then his share shall
instead pass to such of his issue as shall survive me by a period of ninety (90) days, per
stirpes, and if there be no such issue the same shall lapse and be added to the
remaining share or shares set forth in subparagraphs (a), (b), and (c) of this paragraph
Third.
I have maide no provision for my spouse as she is adequately provided for by her
separate estate, 'and by joint assets and other assets that pass outside of my estate.
FOURTH
I hereby noominate, constitute and appoint my said wife, S. Katherine Guy, as
Executrix of this any Last Will and Testament. In the event of the renunciation, death,
resignation or inability to act for any reason whatsoever of my said wife, I nominate,
constitute and a~point my daughter Pauline J. Rader, my son Michael W. Guy, and my
son Stephen O. uy, as Co-Executors of this my Last Will and Testament, or the
successor or survivor of them alone as Executor(s) or Executrix of this my Last Will anc
Testament. I furdher direct that no bond or other security shall be required of any
Executor or Executrix appointed in this Will for the performance of his, her or its duties
in any jurisdiction in which he, she or it may be called upon to act. The terms Executor
or Executrix maybe used interchangeably in this Will and shall refer to any Executor or
Executrix appoin ed in this Will, or any other Administrator appointed by a court of
Page 1 of 3
income or gift taxes due on such returns and any deficiencies, interest,
penalties or refunds thereon, shall be allocated between my estate and my
wife or her estate, or all to any of them, in such manner as my Executrix
and my said wife or her personal representative may agree.
IN WITNffSS WHEREOF, I have hereunto set my hand and seal to this my Last
Will and Testament, written on three (3) pages (including notary page), this ,20 ~
day of May, 2009.
cti.REQ P. (SEAL)
Harold P. Guy
Signed, s aled, published, and declared by Harold P. Guy the Testator above
named, as and f~r his Last Will and Testament, in our presence, who, in his presence,
at his request, a~d in the presence of each other, have hereunto subscribed our names
as attesting witnesses.
COMMONWEA4TH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
~..
SS:
We, Harold P. Guy, the Testator in, and stephen n. Tile}r
and Robert G.',Frey ,the witnesses, to the Last Will and
Testament, the attached or foregoing instrument, who have signed the instrument,
having been duly qualified according to law do depose and say:
a. tha~ I, the Testator, do hereby acknowledge that I signed and executed the
ins rument as my Last Will and Testament, that I signed it willingly and as
myl,free and voluntary act for the purposes therein expressed; and
b. that we, the witnesses, were present and saw the Testator sign and
ex cute the instrument as his Last Will and Testament, that he signed it
will~ngly and executed it as his free and voluntary act for the purposes
the}~ein expressed; that each of us in the hearing and sight of the Testator
signed the Last Will and Testament as a witness and that to the best of
our~knowledge the Testator was at that time eighteen (18) or more years
of alge, of sound mind and under no constraint or undue influence.
~~
Harold P. Guy
. ~ . ~~
~til .
Subscribe4i, sworn to and acknowledged before me by the Testator and the
witnesses above named, this d o'~' day of Maly, 2009.
aanw~ ' I ~A, ~ ~~~
~+~ uesx r~„~~ Notary Public
Last Wi1C and Testament df Harold P. Guy page 3 of 3