HomeMy WebLinkAbout09-13-13 BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE EVA R. HARTMAN,
DECEASED DOCKET NO. 21-13-0842
DECREE OF THE REGISTER OF WH,LS
AND NOW,this I I th day of September, 2013, upon consideration of the Petition for
Grant of Letters filed by Maxine A. Hartman Botts,by and through her attorney, Earl
Richard Etzweiler, Esquire, and the instrument offered for probate as the Last Will and
Testament of Eva R. Hartman, dated November 4, 1446, and containing certain modifications
thereon, the Register of Wills having given consideration thereto, has made an official
determination regarding the document and renders the following decision:
IT IS DECREED the document, with only the provisions set forth in the Copy Fair,
filed on September 11, 2013 (attached), is admitted to probate.
IT IS FURTHER DECREED that Letters Testamentary are hereby issued to Maxine
A. Hartman Botts,who shall have all the rights and duties of fiduciary under the laws of
Pennsylvania and shall proceed with the administration of this Estate according to law.
AGlenda Farner Strasbaugh, Register of ills
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LAST WILL AND TESTAMENT Of p rrn = r
EVA R. HARTMAN � G CD t-' . ,
S,
I, EVA R. HARTMAN, a resident of East Pennsboro Township, Cumberland
County, Pennsylvania,being of sound and disposing mind, memory and understanding,do hereby
make, publish and declare this instrument to be my Last Will and Testament,hereby revoking any
and all wills by me at any time heretofore made.
ITEM 1: I direct my hereinafter named Executor to pay all my just debts, funeral
expenses, administration expenses and inheritance, estate, succession or excise taxes, which I owe
or may become due on account of my death, as soon as may be convenient after my decease.
ITEM H: All the rest, residue and remainder of my estate, be it real, personal or
mixed, of whatever nature and wheresoever situate which I may own or have the right to dispose
of at the time of my decease, I give, devise and bequeath to my husband, Thomas J. Hartman, of
97 Hillside Circle, Camp Hill, Pennsylvania 17011, provided he survives by sixty (60) days.
ITEM III: 'If my said husband should fail to survive me by sixty (60) days, then
I give, devise and bequeath a life estate in the property known as 97 Hillside Circle, Camp Hill,
Pennsylvania, to my daughter, Maxine A. Hartman Botts, of 6 Bill Dugan Drive, Etters, York
County,Pennsylvania,provided she continues to reside in the premises,without liability for waste
for the remainder of her natural life or so long as she desires to retain her life estate in the same,
with my said daughter to pay all costs of maintenance, including taxes, assessments, ordinary
repairs, and insurance with the insurance to be in such reasonable amount insuring the interest of
(SEAL)
Eva R. Hartman
the remaindermen.
A. The life tenant shall be excused from filing any type of bond for the
protection of the remaindermen.
B. Should Maxine, my daughter, not choose life estate at the premises of
97 Hillside Circle,Camp Hill, Pennsylvania,then, my complete estate shall be divided as follows:
After all debts resulting from my death are paid, I would like $1,000.00 to be given to the
Evangelical Congregation Church,Center Street,Wiconisco,Pennsylvania. The remainder of my
estate shall be divided by one-half of the estate to be given to my daughter, Maxine. The
remainder of the estate shall be divided equally to my three granddaughters with this advice: "for
your personal use for you and child and/or children of your blood", i.e. (Jill and Matthew; Susan
and Katie, Benjamin, Corey and Sarah; and Michele, you may need it someday).
C. If any one of my granddaughters would not wish to retain the property
in kind, then said property shall be sold by my hereinafter named Executrix or Executor and the
net proceeds divided equally among my three granddaughters.
D. If my said daughter should vacate said premises, then I direct my
hereinafter named Executrix or Executor to sell said premises and the net proceeds to be divided
equally among my daughter and three granddaughters, as follows:
1. Maxine A. Hartman Botts, of b Bill Dougan Drive,
Etters, Pennsylvania
2. Michele Louise Botts Barnes, of 210 Linda Drive,
Mechanicsburg, Pennsylvania 17055
3. Susan Annette Botts Fake, of 2195 Valley Street,
(SEAL)
Eva R. Hartman
Enola, Pennsylvania
4. Jill Elizabeth Botts Hammaker, of 217 Shaffer Street,
Enola, Pennsylvania.
ITEM IV: If my said husband should fail to survive me by sixty (60) days, then
all the rest, residue and remainder of my estate, be it real,personal or mixed, of whatever nature
and wheresoever situate which I may own or have the right to dispose of at the time of my
decease, I give, devise and bequeath to be equally divided among my following daughter and three
granddaughters:
1. Maxine A. Hartman Botts, of 6 Bill Dougan Drive,
Etters, Pennsylvania
2. Michele Louise Botts Barnes, of 210 Linda Drive,
Mechanicsburg, Pennsylvania 17055
3. Susan Annette Botts Fake, of 2195 Valley Street,
Enola, Pennsylvania
4. Jill Elizabeth Botts Hammaker, of 217 Shaffer Street,
Enola, Pennsylvania.
A. If any of my said beneficiaries listed in Items III and IV above shall
predecease me or die simultaneously with me leaving issue to survive, then such share shall pass
to the issue of such beneficiary, per stirpes.
B. If any of my said beneficiaries listed in Items III and IV above should
predecease me or die simultaneously with me without leaving issue to survive, then such share
shall be divided among the remaining beneficiaries or their issue per stirpes.
(SEAL)
Eva R. Hartman
ITEM IV: No interest in income or principal shall be assignable by or available
to anyone having a claim against a beneficiary before actual payment to the beneficiary.
ITEM V: I hereby nominate, constitute and appoint my husband, Thomas J.
Hartman, Executor of this my Last Will and Testament, with full power in his discretion to do
any and all things necessary for the complete administration of my estate, without being required
to file bond for the performance of his duties, with full power to sell at public or private sale and
without order of court any real or personal property belonging to my estate, and to compound,
compromise or otherwise settle or adjust any and all claims, charges, debts and demands.
whatsoever against or in favor of my estate as fully as I could if living.
A. If my said husband should predecease me, die simultaneously with me or be
unable or unavailable to serve or complete his duties, then I nominate, constitute and appoint my
daughter, Maxine A. Hartman Botts, Executrix, with the same power and authority as given my
said husband.
B. If my said daughter should predecease me, die simultaneously with me or be
unable or unavailable to serve or complete her duties,then I nominate, constitute and appoint my
three granddaughters, Michele Louise Botts Barnes, Susan Annette Botts Fake and Jill Elizabeth
Botts Hammaker, CoExecutrices, with the same power and authority as given my said husband.
IN WITNESS'WHEREOF, I have hereunto set my hand and seal to this my Last
Will and Testament this 9th day of November, 1996.
T(SEAL)
Eva R. Hartman
Signed, sealed, published and
declared by the above-named
Eva R. Hartman as and for
her Last Will and Testament, in
the presence of us, who at her
request, in her presence and
in the presence of each other,
we believing her to be of
sound and disposing mind,
memory and understanding,
have hereunto subscribed our
names as witnesses this 9th
day of November, 1996.
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: EVA R HARTMAN CUMBERLAND COUNTY
PENNSYLVANIA
NO. 13-0842
CERTIFICATE OF SERVICE OF ORDER
ORDER'DATE: 09/11/1
JUDGE'S INITIALS: GFS
TIME STAMP DATE: 09/13/13
IN RE: DECREE OF THE REGISTER OF WILLS
...................................................................—...........
SERVICE TO: EARL RICHARD ETZWEILER 105 N FRONT ST HARRISBURG PA 17101
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