HomeMy WebLinkAbout10-18-13 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 / /U
Name: Terry L.Bishop File No: oft ` �J 17
a/k/a: none (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: October 1,2013 Age at death:68
Decedent was domiciled at death in Cumberland County, Pennsylvania (state) with his/her last
principal residence at 799 Creek Road,Carlisle,West Pennshore,Township,Cumberland County
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at 799 Creek Road,Carlisle,West PennsboroT'ownship,Cumberland County,Pennsylvania
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania- . . . . . . . . . . .. . . . . . . . . . .. . . . All personal property S $725,000,00
If not domiciled in Pennsylva nia. .. ..................... Personal property in Pennsylvania S
If not domiciled in Pennsylvania. . . . . .* * .. . . . . . .. . . . Personal property in County $
Value of real estate in Pennsylvania- . ............ .............. $ 175 000.00
TOTAL ESTIMATED VALUE. . . . $ Jouti'vouslu
Real estate in Pennsylvania situated at:799 Creek Road,West Pennsboro Township,Cumberland County
(Attach additional sheets.!f necessary.) Street address,Post Office and Zip Code City,Township or Borough County
A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)averts))he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated February 27,2008 and Codicil(s)
thereto dated No be/she/they
State relevant circumstances feg.renunciation,death of executor,etc.)
Except as follows:after the execution of the instrument(s)offered for probate Decedent did not marry,was riot divorced,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(g),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 Q EXCEPTIONS o
® B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,d.b.n.al.a.,pendente litc(,"du•retntextbsentik,dueantP:minoritate
i' '„ 1 t...; 'A CS
If Administration,c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and comDlete'tisGihei'r's
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for a0circe had beerl-,estab` 'Arid as defined
in 23 Pa.C.S. §3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated per$sh. -" •r; -;J 'rt
ONO EXCEPTIONS Q EXCEPTIONS ==
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spou§N(e cif any arfdheirs(attach
additional sheets,ifnececsary):
Name Relationship Address
Farm RW-02 rev. 1011112011 Page I Of 2
Oath of Personal Representative Official Use Only
COMMON WBAI..TH OF PENNSYLVANIA }
i } SS:
COUNTY OF CUMBERLAND }
Petitioncr(s)Printed Name Petitioner(s)Printed Address
Manufacturers and Traders Trust Company Attn: James A Smiley, I West High Street,Carlisle,Cumberland County,Pennsyly
The Petitioners}above-named swear(s)or affirm(s)the statements in dte foregoing 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,the Petitioners)will well and truly adm'inist'er the estate according to law.
MANtl TUAC*J 4Ttt t T ST C7s-
Sworn t r ffinned d ouscribed(bg�f{o Q�r�,� �_ pyaf y p Date J p�/ !3
mei Y StGV� _ Date
$ Date
or the tta 're r - Date
BOND Required:Q YES NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . hort . . ficate . . . . . . . $ Attorney Signature:
) Short Certificate(s), ., . ..
( )Renunciation(s).. . .. . . . .
( ) Codicil(s). . . . . . . . . . . . .
( )Affidavit(s). . . . . . . . . . . . —'—'
Bond., . . . . . . . . . . . . . . . . . . . . Printed Name: William P.Douglas
Commission. . . . . S '—`--
upreme Court
Other„ .��y- . . . . . . . . }- `j — ID Number: 37926
_�. . . . . . . . _� Firm Name: Douglas Laty Office
Address: 43 West South Street
Carlisle,PA 17013
Phone: 717-243-1790
Automation Fee. . . . . . . . . Fax:
JCS Fee. . . . . . . . . . . . . . . . . . . Email: douglaslawC�maacom
TOTAL. . . . . . . . . . . . . . . . . . . $ S
DECREE OF THE REGISTER
Estate of Terry L.Bishop File No:
a/k/a:
AND NOW, in consideration Of the foregoing Petition,
satisfactory proof having been presented before me, IT IS DECREED that Letters
are hereby granted to
the instrument(s)dated in the above estate and (if applicable)that
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
Register of Wills
Pe+rnr RIV-02 rev.]W1112011 Page 2 of 2'
/3401
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Last Will and Testament r- rn
of
Terry L. Bishop
I, TERRY L. BISHOP, of West Pennsboro Township, Cumberland County,
Pennsylvania, 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 former Wills by me, at any time, heretofore made.
1. I direct the payment of all my just debts and funeral expenses as
soon as may be convenient after my decease.
2. I specifically bequeath to the New Hope Church of God, Carlisle,
Pennsylvania, the sum of Five Thousand ($5,000) Dollars.
3. I specifically bequeath to David S. Bishop the sum of Ten Thousand
($10,000) Dollars.
4. All the rest, residue and remainder of my estate, real, personal and
mixed, whatsoever and wheresoever situated, I give, devise and bequeath to my
Trustee, Manufacturers and Traders Trust Company, IN TRUST, as follows:
(A) The net income therefrom shall be paid to my sister, Shirley
Smith, for and during her natural life.
(B) Upon the death of Shirley Smith, my Trustee shall distribute
all the remaining corpus and any accumulated interest thereon in
six (6) equal shares as follows:
One (1) share each thereof, to each of Shirley Smith's five children per
stirpes, as follows: Michael N. Smith, Vicki Starner, Scott Smith, Jeffrey Smith
and Cheryl Killinger.
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One (1) share to my son, Terry Lee Bishop, per stirpes.
If any of the aforesaid children are minors at the time of my death, I direct
my Trustee to continue to hold any funds in trust for the benefit of the minor
child/children until they attain 21 years of age. During the pendency of the trust,
my Trustee may invest as he sees fit, and expend principal for medical and
educational purposes on behalf of the aforesaid children as needed. When each
of the aforesaid children reaches age 21, his or her share shall be paid to him or
her.
5. The trustee may use principal of the Trust under Item 3. hereof for
the benefit of my sister, Shirley Smith:
(A) To meet the expense of any accident, illness or other
emergency befalling her;
(B) For maintenance and support.
Notwithstanding the foregoing, the power to consume, invade or
appropriate property for the benefit of my sister shall be limited by ascertainable
standards relating to health, education, support or maintenance within the
meaning of subparagraph (a) of§ 2014(b)(1) of the Internal Revenue Code of 1954
or any similar provision which may be in effect at the time of my death so that
such power will not constitute a general power of appointment.
6. All taxes, interest and penalties thereon payable by reason of my
death with respect to property comprising my gross estate, whether or not
passing under this Will, shall be paid from the principal of my residuary estate,
provided, however, that funds of my Trust created herein may be used to pay
taxes, interest and penalties attributed to such trust assets.
7. No interest of any beneficiary under this Will or any Codicil hereto
shall be subject to anticipation or voluntary or involuntary alienation, and the
personal receipt of such beneficiary shall be the sufficient and only discharge of
my Executor and Trustee unless otherwise provided herein.
S. In addition to powers given them by law, my Executor and Trustee
and their successors and any guardian acting hereunder shall have the following
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discretionary powers applicable to all real and personal property held by them,
effective without court order and until actual distribution:
(A) To retain all property received by them including the stock
of my corporate fiduciary acting hereunder, provided such
property remains productive;
(B) To invest in all forms of property without restriction to
investments authorized to fiduciaries, so long as such investments
are productive;
(C) To join in any incorporation, partnership, recapitalization,
merger, reorganization or voting trust plan; to delegate authority
with respect thereto; to deposit investments authorized to
fiduciaries, so long as such investments are productive;
(D) To compromise controversies;
(E) To exchange or sell for cash, property or credit, publicly or
privately, or to lease, even for a term exceeding five (5) years or the
duration of the trusts hereunder, without liability on the purchasers
or lessees to see to application of the consideration, and to give
options for these purposes without obligation to repudiate them in
favor of a higher offer;
(F) With respect to my residuary trust under Paragraph 3
hereof, to allocate items of receipt or disbursement between income
and principal as they deem equitable regardless of the character
given such items by law;
(G) To apply income or principal to which any beneficiary is
entitled directly for his or her maintenance and support should
they deem such beneficiary incapable of receiving the same by
reason of age, illness or any infirmity or incapacity, or to pay the
same to such person as they select to disburse it, whose receipt
shall be a complete acquittance therefor, without the intervention of
any guardian;
(H) To borrow money, including the right to borrow from any
corporate fiduciary action hereunder, and mortgage or pledge as
security;
(I) To hold investments in the name of a nominee;
(J) To distribute in cash or kind or partly in each at valuations
fixed by them;
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(K) To assume continuance of the status of any beneficiary with
reference to marriage, divorce, illness, incapacity or other change in
the absence of information deemed reliable without liability for
disbursements made on such assumption;
(L) To elect to value my gross estate for Federal Estate tax
purposes as of the date of my death or as of the alternate valuation
date as allowed for such purposes, and to claim as income tax
deductions expenses that would otherwise qualify as estate tax
{ deductions and other elections allowable under law;
(M) It shall not be necessary to segregate investments as
belonging to a particular trust or share therein and all interests may
be held in undivided form in a single fund from which
proportionate distributions are made based on current reappraisals;
(N) To undertake any and all acts deemed necessary and proper
by it for the proper and advantageous management of any trust
and the settlement of my estate.
9. Any person, who shall have died within thirty (30) days of my
death, shall be deemed to have predeceased me. Any person (other than myself)
who shall have died at the same time as any then recipient of income or in a
common disaster with such beneficiary, or under such circumstances that it is
difficult or impossible to determine who died first, shall be deemed to have
predeceased such beneficiary.
10. I nominate, constitute and appoint Manufacturers and Traders
Trust Company to be the Executor of this my Last Will and Testament. I further
direct that they shall not be required to file bond or other security in the Office of
the Register of Wills for the purpose of administering my estate.
11. I nominate, constitute and appoint Manufacturers and Traders
Trust Company as Trustee under this Will.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this the 27th day
of February, 2008.
Te ry L. Bishop
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Signed, sealed, published and declared by the above named testator, as and for
his last will and testament, who at his request, in his presence, in our presence,
and in the presence of each other have hereunto subscribed our names as
attestin witness (1
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND pp
We ,_ and 2&" (6-,9 zy A the
witnesses whose names e signed to the attached or o instrument, being
duly qualified according to law, do depose and say that we were present and
saw the testator sign and execute the instrument as his last will, and that he
signed willingly and executed it as his last will , and that it was done freely and
voluntarily for the purposes therein contained, that each of us in the hearing and
sight of the testator signed the will as witnesses; and that to the best of our
knowledge, the testator was at that time 18 or more years of age, of sound mind
and under no constraint or undue influence.
Sworn to and subscribed before
me this 27th day of February, 2008.
Notary
MMN�.t,�t tMllr►rulMC
2W
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
I, Terry L. Bishop, 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, that I signed it willingly, and
that, I signed it as my free and voluntary act for the purposes therein,expressed.
T e4 L. Bishop
Sworn to and subscribed before
me this 27th day of February, 2008.
Notary
Notarial Seal
Acme M.Cox,Notary Public
Cariise Borough,Cumberland County
My"Commission Expires June 3,2009
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