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HomeMy WebLinkAbout01-11-13Reset PETITION 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 request(s) the grant of Letters in the appropriate form: Decedent's Information Name: Ida K. Brvmesser a/k/a: a/k/a: a/k/a: Dale of Death: 01/05/2013 File No: O~ ~ - ~~ " (Assigned by Register) Social Security No: Age at death: 91 Decedent was domiciled at death in Cumberland County, p nn Ivania principal residence at 219 Pine Road Mount Holl S rin s 17065 South M ddleton Townshi (ware) with his/her last Street address, Post Omce and Zi Code Cumberland P City, Township or Borough County Decedent died at Sarah Todd Memorial Home Carlisle Street address, Post Omce and ZI Code Cumberland pA P Cily, Township or Borough County State Estimate of value of decedent's propery at death: !f domiciled in Pennsylvania ............................ AI I personal property $ 3,000 00 /jnot domiciled in Pennsy!vania ........................ Personal property in Pennsylvania $ /jnot domici/ed in Pennsy/vania ........................ Personal property in County $ Value ojrea/ estate in Pennsylvania ................................ ..... $ I a7,7no nn .................... TOTAL ESTIMATED VALUE.... $ 150 700 00 Real estate in Pennsylvania situated at 219 Pine Road. Mount Holly Springs 17065 South Middleton Townshio Cumberland (Arrach addiriaml sheets, i(necessarp.) Street address, Post Office end Zrp Code City, Township or Borough Caun[ Y ® A. Petition for Probate and Groot of Letters Testamentar Petitioner(s) aver(s) he/she/they is/are the Executor(s) named in the last Will of the Decedent, dated September I9, 1988 and Codicil(s) thereto dated January 26. 1996 ~•-•_ . _._.>.,,. ur cumsrances reg. renunnatlon, death of executor, etc.) Except as follows: afterthe execution ofthe instmment(s)offered for probate Decedent did notmarry, was not divorced, was notaparty toapending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. § 3323(8), and did not have a child born or adopted; and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS ©EXCEPTIONS © B. Petition for Grant of Letters of Administration pf applicable) c. t. a., d.b.n., d.b.n.c.ta, pendente lire, durunte absentia, durance minaritate If Administration, c.t.a. ar d.b.n.c.t.a., enter date of Will in Section A above and cam lete 1' t of heirs. Except as follows: Decedent was not a party toapending divorce proceeding wherein the rounds ~ c~ g i7t d' orce had rE•Hn est9bli~d as defined in 23 Pa. C.S. § 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated ~1rse~ ~, f71 ~ Q NO EXCEPTIONS Q EXCEPTIONS ftr'1 ~ ~r ~ o Petitioner(s), after a proper search has/have ascertained that Decedent left no W i II and was survived by t 7~e f~~~alg sp~e (if arty) tntl heirs (ortach additional sheets, if necessary): .... [~ ~ a r-~ Name Relationshi a a .~ c7 duress .:3 '-rt ~~ ~-^ } rya °-i c.:~ ~~ ~ r.._. CIl "ry Form RW-01 rev. 10/l //20]1 Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OE Cumberland } File No: Petitioner(s) Printed Name Petitioner(s) Printed Address Jud A. Caldwell 50 Eisenhower Drive Chambersbur PA 17201 Linda L. M ers 915 Rockmoss Avenue, Newark, DE l97I I The Petitioner(s) above-named swear(s) or affirm(s) the statements in the foregoing Petition are tme and correct to the best of the knowledge and belief of Petitioner(s) and that, as Personal Representative(s) of the Decedent, the Petitioi (s) wj~l well and truly administer the estate according to law. Sworn to or affirmed and subscribed before ~ -- `~ 9 Date /-- /~-/•,~ me this day of January 2013 r 3E~ Date j-//./" A ~ Date !~o (he Register Date BOND Required: f„j YES ~ NO FEES: Letter (Short Certificate(s).. $ ... . ( )Renunciation(s)..... .... ( ~ )Codicil(s) ......... ... . ( )Affidavit(s)........ ... . Bond .................... .... Commissipn. .; .......... Other ~~/~ .... ~ ~h~J Automation Fee .............. . ICS Fee . .................... TOTAL ..................... o~ ~~_6` To the Register of Wi!!s: Please enter my appearance by my signature below: Attorney Signature: ,,__-. ~ ~ ~ ~ ~ 'z ~ C7 rn x Printed Name: Keith O. Brennet~ttZ ~ F-a t-` =~ `;7 Supreme Court - x ~ O - ID Number: 47077 ~ Cl -~ w-p +1 Firm Name: c-, c. _ Snelbaker & BrenneQQpn, P.C. c ; .....- "' +i Address: qq Wect Main S[tnet ~-' U~ O JMechanirchnrg PA 17055 ~ ~~~~- Phone: 717-697-8528 Fax: 717-697-7681 Email: DECREE OF THE REGISTER Estate of a/k/a: AND NOW satisfactory pros ;seVlted before me, IT IS are hereby granted to Juc the instrument(s) dated Sentem er 19 1988 and (Codicil) Janu described in the Petition be admitted to probate and filed of O(fcial Usc Only ~_, in consideration of the foregoing Petition, [hat Letters Testamentary in the above estate and as tiye It(st W~ (and applicable) Form RW-01 rev. l0/1//2011 U Page of 2 H105.R05 RLV 1911 b RECOR~-~ L~R~GISTRAR'S CERTIFICATION OF DEATH REGI. 'WNfNG:~lt is illegal to duplicate this co b hotostat or hoto ra h. pY YP P 9 P 10i3 JF~J 11 Ail i0 5 Fee for this certificate, $6.00 This is to certify that the information here given i. ~ LE RK W~ ~ correctly copied from an original Certificate of Deati ~RPHANS~ GOllf',T duly filed with me as Local Registrar. The origina ~tlMBERLAND ~~., eft certificate will be forwarded [o the Slate Vila ~, ~ ~ _ i '; ,,' ;> Certification Number TCenn/;nent° 91 yra. o p.mpyal or 8 a $~ g s jQR~,e~cords Office for permanent filing. ~"~~°''s-~J0'~~'r JAIN 7/2013 Local Registrar Date Issued COMMONWEALTH OF pENNSVLVANIq. OEPgpTMENT OF HEg3TH VITAL pECOROs CERTIFICATE OF DEATH April 26, 1921 219 Pine Rd_ 0 71 aecment Imes xt tl.g.ae or level vi scnool completetl at [n¢z[Im t i 19. De etlen<oI Mlzpanlc D - eck t ne e e tlea[n, etn grade o , z ¢ Don [nvt beat tleicHDes wnetner Ma aec tlen o tllploma 9en _13tF grade Iz Span an/HIS enlc/Latlno. 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Dt.IA r'i,9 e3o3 N• uwQ..ti 8Ea<. r mar '"mrc-'0.ve~ /V>r°Holl . Pf{ [~0%S °O (sl el n/oay/yr, era 1, d(o p Ragl,[rc~a o ao /s manamenta ~-' 3. R` 6~ E9~ =fin 13 DlaPpalbpnPermlt n 0~~3(+'~`i H1Dg_3.9 - - - REV OT/2031 5 CODICIL TO LAST WILL AND TESTAMENT I, IDA K. BRYMESSER, of South Middleton Township, Cumberland County, Pennsylvania, declare this to be my Codicil to my will dated September 19, 1988. FIRST: Item II of my Last Will and Testament is hereby changed and amended to read as follows: ITEM'll. I bequeth to my daughter, Judy A. Caldwell my diamond necklace and to my daughter, Linda L. Myers, my diamond ring which I keep in my bedroom. The two diamond rings which I wear regularly and the diamond earrings which I usually keep in my bedroom shall go to my three granddaughters and if my granddaughters cannot decide upon the distribution of the diamond rings and diamond earrings, said items shall be sold at a public or private sale and the proceeds thereof be distributed in equal shares between my granddaughters. SECOND: Item VI of my Last Will and Testament shall read as foll ows: -~: ITEM VI. I devise and bequeath all the rest or resid~2~nd G; remainder of my estate as follows: ~ ~ 37 ",' ~ G~ CI A. One-half thereof to my daughter, Judy A.A io' ? ~' ^' c Caldwell, per stirpes ~~ ~.; -„ c B. One-half thereof to my daughter, Linda L. M ers" `' ,~ Y c_ -~ I -_' = ~-~ . per stirpes - =x., r-~ c~ - c ~ ~~ m _~, -' THIRD: In every other respect I confirm and republish my will dated ~i 19tf~of September, 1988, giving full credit to the paragraphs contained therein. IN WITNESS WHEREOF, I have hereunto set my hand seal this `~ day of / v~V~ ,~~' /C ~1~,~•.c-~««~ (SEAL) ID K. BRYMESSER aaoia The preceding instrument, consisting of this and one (i) other typewritten page, was on the day and date thereof signed, published and declared by IDA K. BRYMESSER, the Testatrix therein named, as and for her Last Will in the presence of each other, have subscribed our names as witnesses hereto: ~~.. a~i '~.~ ~ residing at I Z-l ~ ~~ee~~...~~i~ ~ ~j.,,.~ ~ 5~~ ~_~ ~~~i ~) I(~(~~ residing at aGGU ~i~C~(~0~1C ~~ ~ ~ )~/[f , P~} ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS. ON THIS, the~_ day of 1996, before me, a Notary Public, the undersigned officer, personally appeared IDA K. BRYMESSER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the attached and foregoing instrument, acknowledged that she signed and executed the instrument as Codicil to her Last Will; that she signed it willingly; and she signed it as her free and voluntary act for the purposes therein expressed. IN WITNESS WHEREOF, I hereunto set my hand and official seal. J~Li.ml ~ ~ - ~ !1'Yl 4C tYl Notary Public My Commission Expires: -o,~ rMJ(IE R II~IRA,L ~ ~rpAUr-I~jN~p,~~' Cff ~ ~ 1997 AFFIDAVfI' COMMONWEALTH OF PENNSYLVANIA COUNTY OF : SS. We J v ti ~ 1- ~ Lt v~ c ~y and ~ R C. (~~C the witnesses whose names are subscribed to the attached and foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Ida K. Brymesser sign and execute the Codicil to her Last Will; that she signed ft willingly and that she executed it as her free and volunatary act for the purposes therein expressed; that each of us in the hearing and sight of Ida K. Brymesser signed the Codicil as witnesses; and that to the best of our knowledge Ida K. Brymesser was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~_ Witness ~ ~ ~~ witness ON THIS, the ~ (7 day of ~ 1996, before me, a Notary Public, the undersigned officer, personally appear d IDA K. BRYMESSER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the attached and foregoing instrument, acknowledged that she signed and executed the instrument as Codicil to her Last WII; that she signed it willingly; and she signed it as her free and voluntary act for the purposes therein expressed. IN WITNESS WHEREOF, I hereunto set my halnd and official seal. -~~ g ~ ~~Irn ~ (3r~ Notary Public ~,~ My Commission Expires: R MI~N~ ~~~pp,~,,~ MY COMMISSION ES MMICH 21 1917 ~~~ l.ll ~~ l'J ~~~~~~~~ u . ~° ~_ ~;n o f m -ca _i~ ~ cs ~ 7r r- ~ ;;. rn t--' _ ~ r°~ r~z~ IDA R, BRYMESSER ~ ~"- ~l ~, ~~ I IDA K. BRYMESSER of ' ~ South ..9 F.a Middleton Town S. hip, Cui~3e - -". t? r~lalR"d County, Pennsylvania, declare the r ~ following to be my last~w G) ill~ and testament hereby revoking all other wills and codicils heretofore made by me. ITEM I. I direct my executor hereinafter named to pay all my just debts and funeral expenses as soon after my death as may be convenient. ITEM II, I bequeath to each of my daughters, Judy A. Caldwell and Linda L. Myers, my diamong rings and my daughters shall decide between themselves which ring each of them shall have. ITEM III. I direct that my daughters, Judy A. Caldwell and Linda L. Myers shall be permitted to select such items of my personal property, (exclusive of cash, stocks and bonds, choses in action and automobiles) and distribute the same between themselves as they shall desire. Any items of my said personal property which cannot be agreed upon or which cannot be selected by my said children, shall be sold at public or private sale and the proceeds thereof be distributed in accordance with my residuary estate. ITEM IV. I direct that the automobile which I may own at the time of my death, shall be sold at public or private sale and the proceeds thereof be added to my residuary estate. ... ITEM V. I direct that any real estate that I may own at the time of my death shall be sold at public or private sale without order of court and the proceeds thereof to be added to my residuary estate. ITEM VI. I devise and bequeath all the rest or residue and remainder of my estate as follows: A. One-third thereof to Judy A. Caldwell per stirpes B. One-third thereof to Linda L, Myers per stirpes be divided equally among my surviving grandchildren. ITEM VII. If any of my grandchildren are under the age of twenty-one (21) at the time of my death, then that grandchild's share shall be placed in trust with the grandchild's mother appointed as Trustee with the following powers and obligations: 1. Trustee shall accumulate the income therefrom and add it to the principal of each trust estate. 2. Trustee shall expend so much of the principal and accumulated income of each trust estate to or for the benefit of my said grandchildren for medical and educational purposes provided, however, that my trustee shall make diligent inquiry into the other assets and resources available to said child either from said child's own property or that of his parent or guardian. Said trust assets should not be used where other assets are available to the grandchildren. 3. When each of my said grandchildren shall attain the age of 21 years, trustee shall distribute each trust estate to said child discharged of the trust. ITEM VIII. I direct that any inheritance or transfer taxes shall become due as a result of any property which passes ,. .. hereunder or otherwise, shall be considered as an expense of the administration of my estate and be paid from my residuary estate. ITEM IX. I appoint my daughters, Judy A. Caldwell and Linda L. Myers as co-executrices of my estate. I request that any fiduciary hereunder including my trustee shall be permitted to serve in their respective capacities without giving bond. ITEM X. My executrix, and trustee shall have the following powers in addition to those vested in them by law and by other provisions of my will applicable to all property, whether principal or income, including property held for minors excercisable without court approval, and effective until actual distribution of all property: A. To retain any or all of the assets of my estate, real or personal, including stock of my corporate fiduciary, without regard to any principle of diversification or risk. B. To invest in all forms of property, including stock, common trust funds and mortgage investments funds whether operated by my corporate fiduciary or others, without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification or risk. C. 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. D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper in their sole discretion but in no event shall the income of the marital deduction trust be reduced by the exercise of this power. E. To borrow from, or to sell to, my trustee even though such trustee may be my executor. IN WITNESS WHEREOF, I have hereunto set my hand and seal this %~~- day of ~¢,p~~.~ , 1988. ~~d~ ~~ ~~-wysxta,a~„ / (SEAL) IDA R. BRYME ER The preceding instrument, consisting of this and two (2) other typewritten pages identified by the signature of the Testator, was on the day and date thereof signed, published and declared by IDA K. BRYMESSER, the Testatrix therein named, as and for her Last Will in the presence of each other, have subscribed our names as witnesses hereto: residing at ~'~~(„ ~<e~d~~T~ r Y~~y~" residing at ~~N-~ ~;1~ ~~t.~i~i(,~IQ.~-~Q, ~~ ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYVLANIA , SS, COUNTY OF DAUPHIN On this, the° /, day of ~CJ~.KZ~.,-,~tAr-~- 1988, before me, a Notary Public, the undersigned officer, personally appeared Ida K. Brymesser, known to me (or satisfactorily proven) to be the person whose name is subscribed to the attached or foregoing instrument, who acknowledged that she signed and executed the instrument as her Last Will; that she signed it willingly; and that she signed it as her free and voluntary act for the purposes therein expressed, IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARTI Pi1ffiLIC G Beny.6roKllne.~b6ylU~Ile ~~," 1'6T.dWtg, (kll{!(ljll ~pUllly ~•~, CLRfINSSDI)E~ileS Lbc.~ 1991, AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN We, .~ohn B. Mancke and Lisa Downer , the witnesses whose names are subscribed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw the Testatrix sign and execute the instrument as her Last Will; that she signed it 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 18 or more years of age, of sound mind and under no constraint or undue influence. SWORN and subscribed to before me, this ~ ~~-day of ~~~• , 1988. ~PA PUBLIC Be y.bne Kline, Pbery Rblic h6rri~uq, Cbtphin County MY Conrrusacn fires Dec. 30, 1991