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HomeMy WebLinkAbout01.10.05 PETITION FOR PROBATE and GRANT OF LETTERS L0 :A No. also known as To: Register of Wills for the ' SocialSecurityNo. 198-36-410~ Deceased. County of CLrMBERLn~D in the CommOnwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut RIX named in the last will of the above decedent, dated NOVEMBER 28~ 1990 ,19 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was'domiciled at death in CUMBERLAND County· Pennsylvania, with h ER last'family or principal residence at 100 TOWNgHIP, ~I/MR17RT:_a_./u~_ C0t__~.TY, PENNSYLVA.NTA (list street, number and muncipality) Decendent, then 107 years of age, died DECEMBER 2/4. 2004 , 19 at MESSIAH VILLAGE 100 MT. ALLEN DRIVR_. HEPER ALT.EM TOWNRI-ITP: CIIMRERT.AWn.COUNTY, Except as follows, decedent did not marry, was not divorced and did not have a Child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: .- .. Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ (If not dOmiciled'in Pa.) Personal property in Pennsylvania $ (If not dOmiciled in Pa,) PerSonal property in County $ Value of real estate in Pennsylvania $ situated as fOllows: 'WHEREFORE, petitioner(s) respectfully 'request(s) the probate of the last ~C~Dand c~l~cil(s) presented herewith andthe grant of letters TERTAMENTARY (testamentary; administration c.t.a.; ad~~n d.b~.c.t.a.~ .,~._o= 2613 TALBOT ROAB / ~o OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND £ The petitiOner(s) above-named swear(s) or affirm(s)that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) Will well a~i' truly administer the estate according to law. Sworn to or affirmed End subscribed before m,e this !iOT~ ,~ day of ~ JUDITH L. BUSHONG ~'~m~ Regtster Estate Of LOTTA H. BUSHONC , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ,,,.j'-'/~.~ ~x~ l~) ~ in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated NOVEI, IBER 28, 1990 described therein be admitted to probate and filed of record as the last will of LOTTA H. BUSHONG and Letters TESTAI~,NTARY are hereby granted to JUDITH L. BUSHONG, EXECUTRIX Register of Wills Probate· Letters, Etc .......... $ 60,~{') DAVID H. STONE #39785 Short CertifiCates( ) ' $ I ~ 'C)'~ AT~. ORNEY (Sup, Ct. I.D. NO.) I~',0-0 414 BRIDGE ST., NE~I CUHBERLAND, .PA 17070 'ror,~I, $ q2,.t~_ (717) 774-7435 Filed ' ' ' .... PHONE. : "' ' "'. ' H105.805 REV 9/86 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Local Registrar P 10898605 0£0 g92004 No. ~ Date CERTIFICATE OF DEATH t ~04 _ 107 '[, ~ ~ [,. 6-21-1897 [,Tappan, ~ [~ ~ )~JUN~H m C~.~ ~POFDEATH IFACIL~NAME(ffnO ~,mlmn ~,veslr~a-%~J. .................. iO0 Hr. AiIen D~ve ~c,o~ ...s,.,. Pennsyivania ~ ,,.~..~.. Upper Aiien ,, Mec~nicsburg, PA 17055 ~ ...... ~ ~' ~ C~ber land ,~,7 ~. ,~;m~T'5.~E O~P,., . ....... war. I,~.. Ida Cochran ~Hm , J u~un ~usnong ~ 1~613 Tal~t Road, Baltimore ~ 21216 :~,. ~ _ ~ 1=,,. 12 30-04 ~=,~. Charles ~ans Cemetery k,. Readzn~, PA ""'~ ~ ~ ~'"- I I I ~ 2 I_ r~l, ~ ~. ~E ~ 1~ ~~: ,f ~y. ~ m ~te [ DUE ~ ~ AS a C~SE~E ~[~ ~ -- ~m~l~T CE ~ ~R NAME AND A~E 'MED~ EXAMINE~CORONER (Item 27) Ty~ M pdm On t~e b~i* of ex~mln*{Ion ~n~or inve~fig~ion, in =~ opinion de~h oc=urred al the t me date =nd ~lace ~nd due to the c~use(~) and ~ ................................................ ~ ~G I~AR'~'S~~SE R 32. ~~ DAlE F,LEO ( .... , L~'~fZFa'',, ~,/~/,/I ,. ~.~_~m LAST WILL AND TESTAMENT OF LOTTA H. BUSHONG I, LOTTA H. BUSHONG, of Upper Allen Township Cumberland i!County, Pennsylvania, being of sound mind, memory and understanding !ido hereby make, publish and declare this as and for my Last Will i~and Testament hereby revoking and making void any and all other !!wills by me at any time heretofore made ~ !i I direct that my Executrix hereinafter named shall pay all ~ ~ iimy just debts and funeral expenses as soon as conveniently may be idone after my decease. ~' ii Ail the rest, residue and remainder of my estate, whether ~ ~ iireal, personal or mixed and wheresoever situate I hereby give, ~ "devise ~ and bequeath unto my daughter, JUDITH L. BUSHONG, If my !ihereby ~isazd daughter, Judith L. Bushong, does not survive me, then I ~ ! give, devise and bequeath my entire estate as follows: ~ A. One-half (~) unto my granddaughter JENNIFER B GOSS ii B. One-half (~) unto JOHN H. SHOTT, III in trust never- lltheless, for my granddaughter, MELISSA L. CHENOWITH, to be held by i!my said Trustee and invested and reinvested for the welfare, imaintenance, support and comfort of my granddaughter, MELISSA L. CHENOWITH. My Trustee shall pay all the net income from this share LAW OFFICES JON ~.LAF^W~ unto Melissa L. Chenowith in installments, at least semi-annually. "EW~E~ND,~A My Trustee may invade the principal of this trust when, in his sole Page one of six Pages !discretion, such invasion is necessary and proper to accomplish the purposes of this trust. In determining whether principal should be invaded, my Trustee shall take into account the resources of Melissa L. Chenowith known to the Trustee. I specifically authorize invasion of the principal for major medical expenses. Upon the death of Melissa L. Chenowith, this trust ishall terminate and my Trustee shall distribute the principal and ~~ any-- accumulated income to the issue of Melissa L. Chenowith, if any !in equal shares per stirpes. If Melissa L. Chenowith is not ~ ~ !survived by issue, then unto JENNIFER B. GOSS, or if she is not ~living, then unto her issue in equal shares per stirpes. III. TRUSTEE'S POWERS: My Trustee shall have the following powers in addition to those given by law to be executed in his sole discretion: A.To retain any real or personal property which may at any time form part of the trust. B. To invest in any real or personal property without restriction to legal investments. purchase at premiums; to charge premiums C. To investments to income or principal, or partly to each. D. To subscribe for stocks, bonds or other investments; to join in any plan of lease, mortgage, merger, consolidation, exchange, reorganization, foreclosure or voting trust and to deposit securities thereunder; and generally to exercise all the rights of security holders of any corporation. E. To repair, alter, improve or lease, for any period of time, any real or personal property and to give ~wo~,¢~s options for leases JON F. LAFAVER ' ,~wcu,BER~,D,p^ F. To sell at public or private sale, for cash or credit, with or without security, to exchange or to partition any real or personal property and to give options for sales or exchanges. Page two of six Pages G. To borrow money from any person, including Trustee, and to mortgage or pledge any real or personal property. H. To compromise claims. I. To make distributions in kind. J. To exercise all power, authority and discretion given by this Instrument of Trust, after the termination of any trust created herein until the same is fully distributed. K. To purchase and hold investments in the name of a nominee. L. To employ, in his discretion, legal counsel, and such other agents and servants as he may deem necessary in the administration of the trust estate, and of paying expenses of such employment out of the income or principal of the trust estate as he may determine and deem best. M. To collect and receive the income of the trust estate and to pay therefrom all lawful taxes, including income taxes, charges and other expenses properly incident to the management of this trust, and to compromise any and all claims arising in connection herewith. ~ ~O N. In making any division or distribution of the trust estate herein provided for the Trustee shall have ~ ~ full power, authority and discretion to make such l~~ division or distribution, and to determine of what each shall consist, whether cash or securities, or other property, or combinations thereof, and the respective valuations thereof; and the judgment of the Trustee as to the value and nature of the property so to be divided, apportioned or paid over shall be final. IV. MINORITY PROVISION: Any share of this trust estate which becomes distributable to a minor shall be held in trust by Trustee during minority. Trustee shall apply such amounts of income and Principal as he, in his sole discretion, deems proper for the L^woFF,~Es ~!support, education and welfare of such minor and shall accumulate JON F. LAFAVER ,Ew~u~8~R~,~.,^ !any unexpended balance of income. Such amounts may be applied Page three of six Pages directly or may be paid to the person with whom such minor resides or who has the care of or control of such minor, without the intervention of a Guardian. Trustee shall not be obliged to ~supervise or inquire into the application of such amounts by such person, and the receipt of such person shall be a complete release of Trustee. Should the share of a minor, in the sole opinion of Trustee, be or become too small to warrant continuing such ~ fund in trust, or should its administration be or become impractical '~ ~or any other reason, Trustee, in his sole discretion, may pay such ~ Share, absolutely, to the parent or other person maintaining said ~ minor or may deposit such share in the minor's name in a savings ~ ~account in a savings institution of his choosing, payable to the  minor at majority. V. DISABILITY PROVISION: If any beneficiary is, in the ~ ~opinion of the Trustee, mentally or physically incapacitated, ~my Trustee may apply such funds for his medical care as my Trustee, ~~\~ \~ ~n his sole discretion, shall deem appropriate, directly to doctors or medical institutions without the intervention of a Guardian. VI. RIGHT TO ADD TO TRUST: Trustee shall receive and add to ithe principal of this trust any property which at any time may be given to the Trustee by myself or by any other person, by Deed, Will or in any other manner. ~W OFFICES JONF. LAFAVER VII. 317 THIRD STREET NEW~UM~R~.~.~ PROTECTIVE PROVISION: Ail principal and income shall, Page four of six Pages Until actual distribution to the beneficiary, be free and clear Of the debts, contracts, alienations and anticipations of any beneficiary and the same shall not be liable to any levy, attachment, ~execution or sequestration while in the possession of Trustee. VIII. TAX CLAUSE: If any estate, inheritance, succession or i~other death taxes are assessed against or measured by the assets iof this trust upon the death of myself, this trust shall bear iits proportionate part thereof. Trustee shall pay the same out !iof principal and may pay the same at such time or times as Trustee iideems advisable. I hereby nominate, constitute and appoint JOHN H. SHOTT, III, ~as Trustee under this Will. If the said John H. Shott, III, should !Predecease me, fail to qualify or cease to act as such, then I nominate constitute and appoint my granddaughter, JENNIFER B GOSS ~as Trustee. X. I hereby nominate, constitute and appoint my daughter, iJUDiTH L. BUSHONG, as Executrix of this, my Last Will and Testament. ?If the said Judith L. Bushong should predecease me, fail to qualify or cease to act as such, then I nominate, constitute and appoint my granddaughter, JENNIFER B. GOSS, as Executrix. XI. ~WO~F~CE$ I direct that any fiduciary acting hereunder shall retain JON F. LAFAVER .Ewc~.~.~.~^ ilthe legal services of my attorney, JON F. LaFAVER, in handling all Page five of six Pages legal aspects of my estate, if he is then practicing law and available to undertake these matters. XII. No fiduciary acting under this Will shall be required to post bond in this jurisdiction or in any jurisdiction in which he may act. IN WITNESS WHEREOF, I, LOTTA H. BUSHONG, the Testatrix, !have unto this, my ~ast Will and Testament, set my hand and seal of~~¢)~''~i~/7--~~' A D 1990 iithis~ ~ .~- day , . ., . · i / '~ ~ ~"~ (SEAL) SIGNED, SEALED, PUBLISHED and DECLARED by LOTTA H. BUSHONG, the above-named Testatrix, as and for her Last Will and Testament, ~in the presence of us who have hereunto subscribed our names as witnesses at her request, in the presence of the said Testatrix and in the presence of each ot . . LAW OFFICES JON F. LAFAVER S~7 THIRD STREET ~ ~. --~ NEW ~UMBERLAND, PA Page six of six Pages