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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 - n:~ N 3'j ~ ttLTT7 ~ z ~-;:; ~U> - ` ~ ` ce " . -i r 8 ~ rn ~ iv ~ ~ '... Ft ~..,. Page 1 of 2 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 , b awfeYtln Fes Dwb~dnedrwpiem ap'. EaY! UXDmLYWG WaE ~ NdgegaY{MApepiwl wtla It Eep dtlreh ~ ibbv dijrr NMiaaNtl Ne c i b ti b N UN ^Nd b l ll3b b m sla iem pn e i . CUb~ora earwgbn o0: ~ i pipre{ u pmgm n W Eaon tleeN tl, I ^ Udmam tlpepri Mtlw Ne Yd Wv 3N. 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Nemerd NMwcd PSm~Wno CdryYStlGwtlDeenlXw Xtl TWelPml ~ ~ D spm~ ,y.,l Nic ak,+ i ~pwer ~ ~ ~ I j 1 ~ I ( I (1 I ~"~ ~"' W~ 1'4 N (' m (1 a ~ N ll 1Z (a J , o 303 . ~ t e. >,e, b rl rt n lo Diep<eNw PebRNa (l~ ~n'I~Q ~". LAST WILL AND TESTAMENT ,~, 0 N ~ ,~ 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 _L_ .. competent ~J 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