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HomeMy WebLinkAbout02-26-13PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below, who is/aze 18 yeazs 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: Flora A. Fraker a/lc/a: a/k/a: a/k/a: Date of Death; File No: 21 {Assi ned by Register) Social Security No: Age at death: 85 Decedent was domiciled at death in Cumberland County, PA (State) with his/her last principal residence at 141 Old Gan Road 17013 North Middleton Township Cumberland Street address, Post Ofnce and Zip Code City, Towrohip or Borough County Decedent died at 366 Alexander Spring Road 17015 Carlisle Cumberland PA Street address, Poet Office and Zip Code City, Township or Borough County Stale Estimate of value of decedent's property at death: /f domiciled in Pennsylvania ................................All personal property !f not domiciled in Pennsylvania .............................Personal property in Pennsylvania !f not domiciled in Pennsylvania .............................Personal property in County g 6,900.00 Value of real estate in Pennsylvania .............................................................. $ 150,000.00 TOTAL ESTIMATED VALUE.... $ 156,900.00 Real estate in Pennsylvania situated ac 141 Old Gan Road 17013 North Middleton Twp Cumberland (Attach uddrtiormisheetr, ijnecessary.) Street address, Poet Orrice and Zip Code City, Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary PetitioneKs) aver(s) helahe/they is/are the Executor(s) named in [he last Will of the Deoeden[, dated 11/ l2/99 and Codicil(s) thereto dated Nine State relevant circumatancm (c.g. renuneia6nn, demh nferecnwr, ¢raJ Ezcep[ as follows: after [he execution of the ins[mment(s) offered for probate Decedent did not many, was not divorced, was not a party [o a pending divorce proceeding wherein [he grounds For divorce had been established as defined in 23 Pa. C.S. § 3323(g), and did not have a child bom or adopted; and DecedenC was neither the victim of a killing nor ever adjudicated an incapacitated person. ® NO EXCEPTIONS ^ EXCEPTIONS ^ B. Petition for Grant of Letters of Administration (If applicable) c. t. a., d.b.n., d.b.n.c.t.a., pendente lire. duran[e absentia, durance minoritate If Administration, c.ta or d.b.n.c.ta., enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa. C.S. ~ 3323(8) and was neither the victim of a killing nor ever adjudicated an incapacitated person. _. ^ NO EXCEPTIONS O EXCEPTIONS v Petitioner(s), after a proper search has/have ascertained that Deoedeot left no Will and was survived by [he follow s~rse (if an~rd hee~rr (~ additional sheets, if necessary): R1 (') ~ ~ ~ ~ x r rv ri fTf Name Relationship AAk A ~ ->7 -TY 'rl o ~ n ~ .,,~ G eT u ~ r-~ t.~ rn ~ N r 0 a rv Form RW-O2 rev. lOp l/20/7 PagC 1 Of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } Official Use Only Petitioneds) Printed Name Petitioner(s) Printed Address 'h Ilis J. Minnich 225 North Mazket Street Mechanicsbur PA 17055 fames E. Fraker 58 Meade Drive Cazlisle PA 17013 The Petitioner(s) above-named swear(s) or affimr(s) the statements in [he foregoing Petition are [rue and cortect to [he best of the knowledge and belief of Petitioner(s) and drat, as Personal Representative(s) of the Decedent, the Petitioner(s) will well and tm/ly administer the estate according to law, Sworn to r ffirmed and u scribed b o>r~e~ - 7~}'-~~tr ~ -;-~ '-~I-~79,tntir.t..r^~W Date ~ G' r ~~ m ~ d~iy o ~~G .L ]IGR-.~r~r 7 ' d'.t ~-~4^~ Date ~ - a-~ " ~ 3 Date For the Register Date BOND Required: ^ YES ~ NO ---Y1 ~~.~-%~ ~ N ~ ......... ~- FEES: n~~ Letters ....................... $ ( t/G'- )Short Certificates(s} ...... ( )Renunciation(s) ......... . ( )Codicil(s) ............. . ( )Affidavit(s) ............ . Bond ......................... Commissio - . ............. Other ......... Automation Fee ........ ........ . 1CS Fee .............. ......... TOTAL .............. ........$ To the Register of Wills: Please enter my appearance by my signature below: ntq~ Name: John B Fowler. III eme Court Number: 06273 Firm Name: Address: Phone; Fax: Email: 4i ~ m ~~~ ~ ~4 F~iO~ ~-^-~ D r j N ral ITI 67 :O O'~ ~ C7 • x a o y -~ 't7 ~ D DECREE OF THE REGISTER tV fn O fV ~ Estate of Flora A. Fraker a/k/a: ~ AND NOW, s satisfactory proof g bee presente before me, IT IS aze hereby granted to File No: 21 ~~ ~j~ , in consideration of the foregoing Petition, that Letters Testamentary the instrtunen[(s) dated November 12 1999 described in the Petition be admitted to probate and filed of rey6t~'8s the in the above estate artd~(if apphc'~tb)e) that Fe.maw-nz reg. ioiuizm~ I ~/l~ ` ~ v ~-- . y`Paee 2 I LAST WILL AND TESTAMENT of ~ `" mm o ~ a~ -~ ~ ' o n ®~_~ FItAxER - ~' ~- FLORA A ~ ~>~ _~ . r' ~- m _ ~' r., rr, . :%ti .,... '~r . ., '- = r S :: _. ~..~ I, FLORA A. FRAKER, of 141 Old Gap Road, Carlisle, Cumberlanc~,~ounty, P~nnsylw~~ip, o -~t being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. I order and direct my personal representative hereinafter named to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as is reasonably possible. However, my persona] representative need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. If I do not own a burial plot or a grave marker at the time of my death, I authorize my personal representative, in his, her or its sole discretion, to purchase a burial plot and to erect a suitable grave marker at my grave, and to expend sums from my estate for this purpose. I give, devise and bequeath all of my estate, both real and personal property, together with all insurance proceeds thereon of whatever nature and wheresoever situate in equal shares to my children, R'ILLIAM L. FRAKER, of 1861 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania, JAMES E. FRAKER, of 5 Matthew Court, Carlisle, Cumberland County, Pennsylvania, PHYLLIS J. MINNICH, of 225 North Market Street, Mechanicsburg, Cumberland a LAST WILL AND TESTAMENT OF FLORA A. FRAKER County, Pennsylvania, CARL L. FRAKER, of 163 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania, and DIANE E. HARROLD, of 816 Fairview Road, Carlisle, Cumberland County, Pennsylvania who survive me by sixty (60) days per stirpes. It is fiarther my desire that my personal representative, after consultation with any heir or heirs of mine who survive me, and in his, her or its own discretion, choose such articles from my tangible personal property (exclusive of cash, stock certificates, bonds, and all other tangible evidences of intangible personal property) as he, she or it believes will be useful to such heir or heirs or desirable for him or her or them to have, either from a sentimental point of view or otherwise, and to deliver such articles to such heir or heirs or among such heirs in equal or unequal shares as determined by the further exercise of his, her or its discretion, provided no other heir objects to the distribution. All tangible personal property not so distributed is to be sold, either publicly or privately, by my personal representative, adding the proceeds of such sale or sales to my residuary estate and to be disposed of in equal shares among my surviving heirs after payment of my estate debts, taking into account the tangible persona] property otherwise provided to them. I have specifically excluded STELLA L. SMITH and RUTH BOYER from this Last Will and Testament as I have provided for both of them in other ways during my lifetime. 3 I nominate, constitute and appoint PHYLLIS J. MINNICH and JAMES E. FRAKER as guardians of any property which passes to any beneficiary who is under the age of TWENTY-ONE (21) due to my death. Said guardians shall have the power and authority in their discretion to apply income or principal to the support and education of said beneficiaries, and to make payments for these purposes. I direct that no Guardian shall be required to give or post bond for the faithful performance of the Guardian's duties in this or any other jurisdiction. 2 LAST WILL AND TESTAMENT OF FLORA A. FRAKER 4 Any devise or distribution under this Last Will and Testament which is payable to any beneficiary who may be under TWENTY-ONE (21) yeazs of age or, in the judgment of my personal representative, mentally disabled, shall be held in a separate trust by my personal representative as trustee until such beneficiary reaches TWENTY-ONE (21) years of age during such period of disability. During the term of any trust created pursuant to this Paragraph, the Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college education, undergraduate and graduate) of each such beneficiary until he or she attains TWENTY-ONE (21) years of age, or until all such amounts are paid out of trust. I direct that no Guardian shall be required to give or post bond for the faithful performance of the Guardian's duties in this or any other jurisdiction, 5 I grant my personal representative the following powers in addition to and not in limitation of such powers as my personal representative shall hold by law: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, partnership, recapitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors, including but not limited [o; the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. 3 LAST WILL AND TESTAMENT OF FLORA A. FRAKER (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or i property, real or personal, without regard to the principle of diversification or any other statute or general rule of law in his, her or its absolute discretion, it being my intention to give mypersonal representative the broadest investmentpowers possible, providing such investments do not unnecessarilyprevent the prompt settlement of my estate. (f) To sell or otherwise dispose ofany property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my personal representative shall see fit in his, her, or its absolute discretion. (g) To borrow money for the payment of taxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my personal representative for the proper, advantageous and prompt management of the settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. 4 LAST WILL AND TESTAMENT OF FLORA A. FRAKER 6 No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representative for the liability of such beneficiary. 7 I nominate, constitute and appoint my daughter, PHYLLIS J. MINNICH and my son, JAMES E. FRAILER, as Co-Executors of this my Last Will and Testament. In the event PHYLLIS J. MINNICH and JAMES E. FRAKER, are deceased, unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate, constitute and appoint my son, R'ILLIAM L. FRAKER, as personal representative of this my Last Will and Testament. I direct that my personal representative shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. 8 I hereby declare it to be my expressed desire that my personal representative employ the law firm of Michael J. Hanft, Esquire, of Cumberland County, Pennsylvania, for legal advice and assistance regarding this my Last Will and Testament, they having considerable knowledge of my affairs, views and wishes respecting any matters that may arise at the probate of this instrument, the administration of my estate, and the execution of the powers herein mentioned. Any mention of Michael J. Hanft, Esquire in this my Last Will and Testament, is my free and voluntary act and through no influence by any person. 5 LAST WILL AND TESTAMENT OF FLORA A. FRAKER IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this ~~ day of /Jd`~~~~` , 1999. WITNESS: Flora A. Fraker LAST WILL AND TESTAMENT OF FLORA A. FRAKER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I, FLORA A. FRAKER, the Testatrix 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 and Testament; that I signed it willingly, and that I signed it as my free and voluntary act for the purposes therein expressed. Flora A. Fraker Sworn or ffirmed and acknowledged before me by Flora A. Fraker the Testatrix this day of ~~~ ~r , 1999. C~(~~~ Notarial Seal Public Denise L. Nye, Notary BouN MiddletonTwp., Cumbedand County My Commission Explrea Feb. 26, 2001 Member, pannsylvanlap,9apt46tjpnof Notaries 7 LAST WILL AND TESTAMENT OF FLORA A. FRAKER AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. WE, M t C f+kft. ~ • I-1 iq-,/,=i and ~ Pi ~ I (.~ cS , (:~K.L.~j Q~V ,the witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw Flora A. Fraker, the Testatrix sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she 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 Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~[ pp Sworn or affirmed/and subscribed befor~re~me by /1/1 ~`Gt~~CAz"=z ~T- ff-4NF,- and f ~ C. ~ ~ ~ ~ ~°C e~ this ~~" aay ofl ~-~t- r y ~y)F~ , 1999. ~~~ ~' ~~ Notarial Seel Denise L. Nye, Notary Poa61ic South A,pdraefon Twp., Cumberlsntl County My Commission Expires Fed. 26, 2001 Member, PennsyNanie Assoctatlon of Nota nes F:\OSer Faldu\Pirm OOCS\W ill&ESlere\U96-116C ll