HomeMy WebLinkAbout12-10-12PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s) named below, who is/are 18 years of age or older, apply(ies) for Letters as specified below, and in support thereof aver(s) the
following and respectfully requests the
rant of Lett
i
th
g
ers
n
e appropriate form:
Decedent's Information
Name: Ruth H. Byers
a/Wa: Ruth Hunt wolnw1h la.,ers File No: 21 -12 '..~1 ~ .~
a/k/a: (Assigned by Register)
a/Wa:
Date of Death: 12101/2012 Social Security No:
Age at Death: 9g
Decedent was domiciled at death in Cumberland County
,
principal resitlence at
Messiah Village 100 Mt. Allen Orlve Mechanicsburg 17055 pA
(crate) with his/her last
St t tltl P t Ofr d Zip Cotle Upper Allen Twp Cumberland
Decedent died at Messiah Village, 100 Mt. Allen Drlve, Mechanicsbu 17055
r9 U City, Township or Borough Count
y
Street address, Past Office antl Zip Cafe er Allen Tw . Cumberland pA
Ciry, Township or Borough Count
Y State
Estimate of value of decedent's property at death:
Ifdomici/ed in Pennsylvania ........................ All personal property $
If not domiciled in Pennsylvania ................. Personal property in Pennsylvania $ 750,000.CO
Ifnot domici/ed in Pennsylvania ................. Personal property in County $
Value of real estate in Pennsylvania........... $
Real estate in Pennsylvania situaletl at TOTAL ESTIMATED VALUE$ 15 ,000.00
(Attach atltlitional sheets, it necessary.)
Street atltlress, Post INfirs ono ZJp Cotle City, Township or Borough
County
^X A. Petition for Probate and Grant of Letters Testaments
Petitioner(s) aver(s) that he/shetthey is/are the Executor(s) named in the Las[ Will of the Decetlent, tlated 0 4121 /1 9 9 7
and Cotlicil(s)
thereto tleteo
(State rt4evanf pmumsrances. e.g., mnunclafion, tlearh o/executor, etc)
Except as follows: after the execution of the instrument(s) offered for probate, Decedent did not marry, was not divorced, was not a parry to a pending
divorce proceetling wherein me rounds for divorce had been established as tlefined in 23 Pa C.S. g 3323(8), and tlid not have a child boor or
adapted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
QX NO EXCEPTIONS Q EXCEPTIONS
^ B.
Petition for Grant of Letters of Administration (n apprcalaal
c .a.; ..n.; ..n.c..a.; en e; uran e a en re: uran a moron a e
If Administretion, c.t.a or d.b.n.c.t.a., enter date of Will in Secdon A above and com lets list of heirs.
in%2ppa. C 9~w332D3~ent was not a party to gentling tlivorce proceetlingg wherein the grountls for tlivorce had been established as defned
§ (g) and was neither the victim of a killing nor ever atl(utlicetetl an incapacitated person. r1,
~X NO EXCEPTIONS Q EXCEPTIONS n^-~
C ~+
Petitioner(s), otter a proper search has/have ascertained that Deoetlet left no Will and was survivetl b the followin
additional sheets, if necessaryJ: Y g
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~ju~if any) and;.girs (aillclA
rn ~ ~ /~ en :n
Y. t` u -i R7
Name r- ~ f"r1 F~ rTi r=r
Relationship Address t
• n
c~ ca -yt :_) -rf
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Form RW-02 reg. m-ff-2orf
Copyright (c) 2011 (onn software only The Lackner Group, Inc.
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
petitioner(s) Printed Name Petitioner(s) Printed Address
Chambereburg, PA 17201
Fort Myers, FL 33908
Of(cial Use Only
OR?Nb.NS' C';;Jrci
CIiMBERLAhD C`„i., ~A
The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoin99.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, Petitio ec will well and trulypdministerfhe estate accordin>>g to~lYaw.
(;/ / Date G~ L
Sworn to or affirmed a subscribe before Data
me day of . 1 2~ ~ Date
tLf ~~p~~(p< y
BY i..S:dJ--1G14.]~a~-. ~ Date
For the Register
BOND Required? ~ Yes No _
FEES {'/JJ~ _
Letters
1 ~ 1 Short Certificate(s).......... 9~`~)
(_) Renunciation(s) ...............
( lCodicil(s) .........................
t _) Affidavit(s) .......................
Bond ................ .................. ....... >
Other G1L~-- '
Automation Fee......_........._..........
JCS Fee.._......._......._ ...................
TOTAL ............. _........... _....... _......
To the Register o/Wills:
Attorney Sig lure: ~~~fi
~ /
l
Printed Name: reld J Brinser
Ge
Supreme Court 09655
ID Number:
Firm Name: Brinser Wagner 8: Zimmerman
8 E. Maln Street
Atldress:
P.O. Box 323
Palmyra, PA 17078
Phone: 7171838-6348
Fax: 7171838.8912
E-mail: gjbrin~aol.com
DECREE OF THE REGISTER
Date of Death: 1 210112 01 2
Soctal Security No: 173-32-0824
Estate of Ruth H. Byers File No: 21 - 12 ir~i Z
alk/a: Ruth H nt Wolgemuth Byers
AND NOW, 02-- , in consideration of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Nelson W. Byers and Charlie B. Byers, Jr.
in the above estate and (if applicable) that the instrument(s) dated
described in the Petition be admitted to probate and filed of recor1
Form RW-02 rev. f0-01-2011 CopyRgM (c120t1 form software ly T Laokner Group, Inc.
of 2
HIOS.Yf i k@' P)/I I i
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee fi)r this certificata. ~6.pU RECQRDEU CfF~;C
This is [n certify that the information here given is
REG~Sj~~ ~~ ,ifV correctly copied from an original Certificate of Death
duly filed with me ^s Local kegistrar. The original
(~~~ ~~~' ~~ ~f-"~ j certificate will be forwarded to the State Vital
Records Oftice fir permanent filing.
P 1913637 CLERKQF / -~~EC 0~31~12
Cerfificalion Number ~ ORPHANS' CUUf (!~
fw~MBERLAND CQ., Pk L° I egistra ~~~~~ Uate [slued
E
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CERTIFICATE OF DEATH
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LAST WILL AND TESTAMENT 7
°~ ca ,-,
_~ o ry
_~~ ..,,~
_
OF <; , < ., -.,,
„
?.....
RUTH H. BYERS -
= + ' . i; „"'
,,,
V7
I, RUTH H. BYERS, of Mechanicsburg, Cumberland County,
Pennsylvania, being of sound mind and disposing memory, though I realize the
uncertainty of this life, I have full confidence and trust in my Lord and Savior, Jesus
Christ, in His death on the cross for my sins and in His shed blood as an atonement
for my soul; and I know by faith that because of His sacrifice on the cross for me I
have eternal life, do hereby make this Will, hereby revoking all my former Wills and
Codicils.
ARTICLE ONE
TANGIBLE PERSONAL PROPERTY
§1.1 I give and bequeath the items of personal property listed on the
sheet I intend to keep with this, my Will, to the persons I have named on said list.
I bequeath all my tangible personal property, including by way of illustration but not
by way of limitation, my household furniture and furnishings, paintings, books,
automobiles, jewelry and personal effects, exclusive of any such property used in a
trade or business, to my step-children, NELSON W. BYERS, CHARLIE B. BYERS,
JR., RUTH ANN SHELLY and IVAN W. BYERS (my "children"), share and share
alike if they survive me. In the event of irreconcilable disagreement among my
children, they shall take alternate turns selecting individual items with the oldest
,.
child making the first selection. Any items not so selected shall be sold and the
proceeds shall pass as a part of my residuary estate.
§1.2 To the extent practicable in the Executor's sole discretion, I
bequeath any policies of insurance on such property to the beneficiary entitled to such
property.
§1.3 I direct that the expenses of storing, packing, shipping, insuring
and delivering any such property to the beneficiary entitled thereto shall be paid by
the Executor as an administrative expense of my estate.
ARTICLE TWO
RESIDUE
§2.1 I give, devise and bequeath all of the rest, residue and remainder
of my estate, real and personal and mixed, including any property over which I may
have any power of appointment, as follows:
§2.1.1 Three (3%) percent of said residue to Roxbury
Holiness Camp of the Brethren in Christ Church, P.O. Box 28, Roxbury,
Pennsylvania 17251;
§2.1.2 Five (5%) percent of said residue to Gospel Tide
Hour, P.O. Box 151, Chambersburg, Pennsylvania 17201, and if not in
existence at the time of my death, then to its successor organization to
be used for the purpose of spreading the Gospel;
§2.1.3 Two (2%) percent of said residue to Chamberaburg
Brethren in Christ Church at the corner of Center and Reservoir
Streets, Chambersburg, Pennsylvania;
§2.1.4 Five (5%) percent of said residue to Board for World
Missions of the Brethren in Christ Church, P.O. Box 390, Grantham
Pennsylvania 17027; and
-2-
§2.1.5 All of the rest, residue and remainder of my property,
real, personal and mixed, whatsoever and wheresoever situate, to my
husband's four (4) children, namely NELSON W. BYERS, CHARLIE B.
BYERS, JR., RUTH ANN SHELLY and IVAN W. BYERS, in equal
shares. If any of the said children shall predecease me, his or her share
shall be given to his or her spouse if his or her spouse shall survive said
child. In the event that said deceased child is not survived by his or her
spouse, then his or her share shall be given to his or her surviving issue,
per stirpes. Provided, however, the share of any issue under the age of
18 years shall be retained in trust as provided hereinafter.
ARTICLE THREE
TRUST FOR MINOR BENEFICIARIES
§3.1. If any person inherits an interest in my estate before reaching the
age of eighteen (18) years, their share of my estate shall be held by my Trustee
(hereinafter appointed) as Trustee of a trust for the benefit of any such beneficiary
until such beneficiary attains the age of 18 years. Upon the beneficiary attaining 18
yeazs of age, the Trustee shall distribute his or her share of the Trust to the
beneficiary, and the share of any beneficiary who shall die before attaining the age
of 18 years shall be distributed to said beneficiary's heirs at law. The Trustee shall
distribute both income and principal for the benefit of the beneficiary to meet said
beneficiary's needs and said beneficiary's proper caze, maintenance, education and
benefit.
-3-
ARTICLE FOUR
APPOINTMENT OF FIDUCIARIES
§4.1 I appoint my step-sons, NELSON W. BYERS and CHARLIE B.
BYERS, JR., as Executors and Trustees (herein "Trustee") of this Will. If either of
them shall fail or refuse to serve for any reason the remaining fiduciary shall be
authorized to serve as sole Executor or sole Trustee of my estate. If both fiduciaries
shall fail or otherwise be unable to serve, I hereby appoint PNC Bank as sole
Executor or Trustee, as the case may be. All references herein to the "Executor" shall
mean my originally appointed Executors or my successor Executor, as the case may
be.
ARTICLE FIVE
POWERS OF FID CIAR.IES
§5.1 No fiduciary under this Will shall be required to give bond or
other security for the faithful performance of the fiduciary's duties.
§5.2 Any such fiduciary shall have the following powers, in addition to
those given by law:
§5.2.1 To invest in, accept and retain any real or personal
property, including stock of a corporate fiduciary or its holding company,
without restriction to legal investments;
§5.2.2 To sell, exchange, partition or lease for any period of
time any real or personal property and to give options therefor for cash
or credit, with or without security;
-4-
§5.2.3 To borrow money from any person including any
fiduciary acting hereunder, and to mortgage or pledge any real or
personal property;
§5.2.4 To hold shares of stock or other securities in nominee
registration form, including that of a clearing corporation or depository,
or in book entry form or unregistered or in such other form as will pass
by delivery;
§5.2.4 To engage in litigation and compromise, arbitrate or
abandon claims;
§5.2.5 To make distributions in cash, or in kind at current
values, or partly in each, allocating specific assets to particular
distributees on a non-pro rata basis, and for such purposes to make
reasonable determinations of current values;
§5.2.6 To make elections, decisions, concessions and
settlements in connection with all income, estate, inheritance, gift or
other tax returns and the payment of such taxes, without obligation to
adjust the distributive share of income or principal of any person
affected thereby; and
§5.2.7 To disclaim any interest I may have in any estate if
the Executor deems such disclaimer to be in the best interests of my
estate and the beneficiaries thereof.
ARTICLE SIX
PROVISION FOR TAIOJS
§6.1 All estate taxes, inheritance taxes, transfer taxes and other taxes
of a similar nature payable by reason of my death to any government or subdivision
thereof upon or with respect to any property subject to any such tax, and any
penalties thereon, shall be paid by the Executor out of the principal of that portion
of my estate not distributable to a charitable beneficiary disposed of by Article Two
of this Will, and all interest with respect to any such taxes shall be paid by the
-5-
Executor out of the income or principal or partly out of the income and partly out of
the principal of such portion of my estate, in the absolute discretion of the Executor,
without reimbursement from or apportionment among the beneficiaries, recipients or
owners of such property for any such taxes, penalties or interest.
ARTICLE SEVEN
PROVISION FOR DEBTS AND EXPENSES
§7.1 I direct that any of my legally enforceable debts, any expenses of
my last illness, funeral and burial, and any of the administrative expenses of my
estate shall be paid from the principal of that portion of my estate disposed of by
Article 1~vo of this Will.
ARTICLE EIGHT
MISCELLANEOUS PROVISIONS
§8.1 As used in this Will, the term "Internal Revenue Code" shall mean
the Internal Revenue Code of 1986, as amended from time to time, or the
corresponding provision of subsequent law.
§8.2 A corporate fiduciary shall be entitled to receive compensation for
its services hereunder in accordance with its schedule in effect when the services are
performed, but not in excess of such compensation as would be approved by a court
of competent jurisdiction. An individual fiduciary shall be entitled to receive
reasonable compensation for such fiduciary's services hereunder.
-6-
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
~~ day of ~ ` , 1997.
(SEAL)
RUTH H. BYE
Signed, sealed, published and declared by the above named RUTH H.
BYERS as and for her last Will, in the presence of us and each of us, who, at her
request and in her presence and in the presence of each other, have hereunto
su scn dour
' na~~ as witnesses thereto the day and year last above written.
~/; ' ~i>
~~~~..>(!/~,;a ~~ Residing at ~ cr ~~«.-~.,..--~.<~~ ! '~.
~! .. l~~ .. ~ '~ ~ « ~R~l d Residing at ~,'~, ~~,~. ,_ ~~~~ ,~
-7-
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
We, RUTH H. BYERS, the testatrix, and De~rna r ~Swa ~~
and ~ Swa ,the witnesses, whose names are signed to the attached
or foregoing instrument, being first duly sworn, do hereby declare to the undersigned
authority that the testatrix signed and executed the instrument as her last Will; that
the testatrix signed willingly and executed it as her free and voluntary act for the
purposes therein expressed; that each subscribing witness in the hearing and sight
of the testatrix signed the Will as a witness and that to the best of his or her
knowledge the testatrix was at that time eighteen (18) years of age or older, of sound
mind and under no constraint or undue influence.
.-L/
TH H. BYE
WITNESS
`~
WITNES
Subscribed, sworn to and acknowledged before me by RUTH H. B RS,
the testatrix d subscribed ~i sworn to before me by ~ n+a t- as'~.q ~
and /Q~ey Sava/~Y witnesses, this 2/~ day of
r ~ / , 1997.
~~
____~
ail et~~?blic
(SEAL)
Notarial Seal
Jeffrey A. ErMco, Notary Public
MY Commbssiffo~n ExPlhes SCepeL~pPA~
s~avo > - 8 -