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HomeMy WebLinkAbout01-27-05 J01.'3.2005 ':25Drl r. , 7 '^ \ O. , iJ L P. E Will RW 21-1 PETITION FOR PROBATE and GRANT OF LETTERS Estate of CLAIR E. MANGES .".........No;c2l- Oc;-- DClll To: ,,-, ........"......... Register of Wills for~RtJ 5; . Deceased County ofCumberlatld m the c_ Commonwealth ofJ>eIi~anii:: -:T'! tv ~:'~ ,:~;-2 ..;:- - ~3 The petition of the undersigned respectfully represents that: ...~ c, ;.-, _' C) Your petitioneI(s) is/are 18 years of age or older and 1he eJl:ecutQr{s) Georgie Ann Mange~/!limtd in.1lie last~8 of the above decedent, dated July 17, 2003 and codicil(s) dated :cc; ':,' M . ""... 'J) (--::) 'v "-;_1 Decedent was domiciled at death ill Cumberland County with his/her last family or principal reside&'e at 80 Caroenter Lane. Newburg, Pennsylvania 17240, also known il$ :17 fl] :~='3 ~ TJ i~....:c.) Social Security No 207.24-2033 Decedent, then T). PA years ofage, died October 29, 2004 at Chambersburg Hospital. Chambersblll1Z. 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 Decedent 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 ofreal estate in Pennsylvania situated as follows: WHEREFORE, petitiOller(s) respectfully request(s) the probate of the last will and CQdicil(s) presented herewith and th~ }fnt ofletters testamentarY thereon. l(~~cm/r G-o-d''0I..... A~JJ !Vt-Al..lc.--s a" ~ LJra.3~ ~~u~J.k 1I~~'f~1 .J"" 1 3, 2 n~, ~ h' 1.2teM h 1702 p, 5 OATH OF PERSONAL REPRESENTATrvE COMMONWE.ALTH OF PENNSYLVANIA ) ) S5 COUNTY OF CUMBERLAND ) The petition"".) above-named swear(s) or affinn{s) that the statements in the foregoillg petition are true and correct to the best of my knowledge and belief of petitioner( s) and that as ~na1 representa}ires) of the above d~c~dent petitioner(s) will well and ltuly administer the estate according to law. )L ~~ ~~ Sworn to or affirmed alld subscribed ~ before me this .;J4-t:~ day of .... . . . ~ ,2005 Deputy Register p..tA ~. a........dt- Q. fl.' ;~ No:.;lI- DS-- OO~ ~ Estat~ of CLAIR E. MANGES, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, re- ""-.U..n..., ~ ..:14 J ...:loOS- ,in considerarioDofth~petition on the reverse side hereof, satisfactOry proof having been presented before me, IT IS DECREED that the instrument(s), dat~'Uuly 17, 2001 described therein be admitted to probate and filed of record as th~ last will of CLAIR E. MANGES and Letters Testamentarv 1m hereby granted to GEORGIE ANN MANGES JM,,.j, ~""~.~ Regtster of W,lls . $~5.oo $ 11.0. CO FEES Probate, Letters, Etc Short Certificates ( ) RWUI.ReiattSft l '--), l\ T~L $/5.00 $ ."i. Iv II) .0\) '1\ .DC> Brett B. Weinstein 78665 ATTORNEY (Sup. Ct. J.D. No.) 705 W. Dekalb Pike Kine of Prussia. Pennsvlvania 19406 ADDRESS (610) 337-3733 PHONE q '-ccO :-':~:~C) , - h.) ~ C:=;l on ~':::: Ill"&.. ta.AFv.uus~L...C\-O"C"or-^~"'\~~ ~ ;-n ,'-, ...~ ........, -"'.J '::) N C" C) ",'1 y,(\q'()~\1S RFV.rJI 1 ill."" This is to cettify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records III accordance wirh Acr 66. P.L. 304. approved by rhe General Assemhly. June 29. 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. ~/I~ Charles Hardester State Registrar 0543531 NOV 2 22004 Dare C) (=0 ': ::u Jfp - -'--':--:.,. rn .(-,;)~ i~; ~;; ,..., = = o..n ~105.loIJfIev,2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECOROS CERTIFICATE OF DEATH .'1'"1 ~~::"'":j :TJ I'Tl (-) C-) f.T3 'Tl \::::J " C~) -0 "1'1 _,,~ ~IJ -- -C) , cr~59~;;~ -n <- ):::::0 Z N .;:- "'"""'" . -, ........ 72 Y... COUNT'YOiFClERIl UNDIEA1D.IIY HrIunI I...... '" ~. Male STAI"f~llf_A SOCIAlSECUI'lIT'YNUMII~A DATEOfDEAl"M,_.DoI,'_J N_OfDECf.OENT(f~",M_,L"l 1. Clair _(ld:~ E. Manges UHDEl'llYEA1'l - ..,. 1. 207 - 24 2033 .. b::tober 29 2004 1IlfIT1-flACE(C.lylll'd sw...F..-vnC""",,1'I P\.ACEOfOl;RHIC_""",."... _,"""u<;l......,.,__l ~. I,.....KI Ef\IOuIpeI.....O ~IO O!ntral City, PA ,. FACOI.lT't'N.UIE (1l"OlonSl'l\.(lOtl, il'..IIIHlancl......-' ~~ Franklin k. Chambersburg 1ON0000BUSlHESS/lNllUSTIIIY White llECEDENT'SUSUAlOCC~ ~-=:'=-~,,=::;'.1,:'r 11 Truck Driver n..ABF Freight DECEDf.NT'lIIoWUNOAOOAEISlI(5lrwI.Ctyfbon.s...lipCodoI ~NT'S 80 Carpenter Lane :.~ ,..Newburg, PA 17240 ""__I I'RHEJI'SNAMEIFirIl.M_.lUI) I. Chester E. Manges ~'SNAME(fJ'1OOllPrinll Georgie Ann Manges """"""'''''''''''''' .......IXJ Ciwo\IIiSIlD ___81..D -- 1711.SIMe ... 'R. ~ - MOO Cumberland ~? lH.O :':"'-:::-'::01 YOTHEIfS_IF......_.~_Sul_J 11. Ethel V. Miller INFOAMAHrS lWUNO AOOflESS lSIrwl. 0Iy/T000n, sw.. Zlp Codel 80 Carpenter Lane, Newburg, PA 17240 PlACEOf'~._oIc....t.ry.C~ LOCJil1C:lN.C~.sw..ZIpCodl ._- r.wlIT.t.l.SWUS._ --.-. -- (',...5~1 I" Married IL Georgie Ann Ankeny 17a.J1g ""'.__110 Hopewell Township -~ IW......___ -- ~ , ~ < 21".Buckstown, Somerset Co., P M. II. q 17._1: E_",",_.injurlH,,~__""(1lI'lh,Donol.......tJIOI_o1<1ying,""'h.. "''''IIllir...,.,.."....._..hultl.iIu''' u.......,_~""..acl'l_ 'MICASEAEFEFlAEO lolEOICAt.ElitAMINERICOAONEfl? ..0 l: Poe..1TO"-.!/T.5 DllElO((lFl,o,sACONSEOlJt:NCEQFt ~ We'!... pc-X.d DllElOlOll,o,sACONSEOOENCEC!l't R ,~_ """'~: OIIIaI..,___<:onlI'bltingIO_.bu1 ,__ .....-.in"'"'~_.....inPIUIT, 1--- i s '" v -'In .N 4A/ DllE1O((lFl,o,sACONSEOUENCE~ WEAE"'U1CPSYF~ _ER OF DEATH -.ut.EPAIOfl1O ~ """"""""'~ - -- 0 "''''''''' - 0 --- 0 ..0 ~O -- 0 CouId_'-_1nOd 0 DIlfEOf lNJUIIIY 1~.0ay.""") TIMEOFIH./U1lY IN,IUIlY /fir \NOIU(? DESCFlElE HOoV INJUAY OCCURAEtl. ..... 0 ....0 B. .. - cmn_,o-.c......,OMl .cmnPl1NG~(Ph_COItIIIy<rIg~"'__"""'t>ar_.."...._ncad_"'......<~1ld!l.-n23) ...........lll"'1.........._____._~.I.nd_'.._... Pl..ACEOFINJUAY.Al_,_._!ac:Iory,_ -.g,elCl~ .... ~ u ~ ~ . , < z .~NGAND~lFY1NQptlYIIC;lAN(PhysclantlOlh"",n""""'"Qo..Ih_ce<l~100aoJ..oI_1 ...__lll"'tk..-..._...__..__._..nd,......""'_Io_cauMl.'_"'......'......M1.. .IIEDICAL UA_RRlCORONER OIl...buI.of...........lIon .ndlorl......1ItI.1I.....ln mVDI'InIDn. a.1h DCCUrrad .11...1....., dal".nd place, andd...I..1h.c.uMlal_ ~1'-.-""" ....... ................................. .............. ., ................... ............. AEOOSTRAIII.SSlGNI\TUFI~ANDNUI,l8EI'I ~ II (-Of ~~-.,..Mr LAST WILL AND TESTAMENT (Pour-Over WiD) OF CLAIR E. MANGES r-.> Q f5 I, CLAIR E. MANGES, residing in the County of Cumberland, Commonwealt\1.:o'ffi>ennsy~ia, being of sound mind and memory, and not acting under duress or undue inf1uenc~ :1ikJh1y p;;son _ _ ,..,.[ whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby re'1~~ all~her former Wills and Codicils to Wills heretofore made by me. My Social Security Numberis2ll1-24-2033. , ":-:~;2~:;:~ ~'. All reference made herein to "spouse or my spouse" refers to the person to whoili am c~~tly ~--1 married, namely, GEORGIE ANN MANGES. By the ensuing provisions of this Will,jt is my intF.stion; to dispose of my interest in our property; I do not intend to dispose of anything belonging to my wif€'llr to put her to any election. IDENTITY :X] j-;-' C) r'-') I~~ ",'1 ( ~~~) "---l _~,~2 ~ ?:~ ,') ~~~ I have the following children: Clair E. Manges, Jr., born May I, 1964; Michael S. Manges, born February 27,1966; Paula J. Taylor, born April 28, 1967; Brain L. Manges, born October 28,1968; and Christine M. Johnson, born September 14, 1970. DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE CLAIR E. MANGES AND GEORGIE ANN MANGES REVOCABLE LNING TRUST executed on even date herewith (the "Revocable Trust"), or if my spouse predeceases me, under the Survivor's Trust created by the said Revocable Trust. If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. POUR-OVER WILLS Page I (~ Yr1 Testator If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint Georgie Ann Manges as my Independent Executor of this, my Last Will and Testament, to serve without bond. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Clair E. Manges, Jr. and Michael S. Manges to serve without bond as my Joint Executors. In the event that one of the Joint Executors shall predecease me, or is unable or unwilling to act as my Executor for any reason whatsoever, then and in the event I hereby nominate and appoint the remaining Executor to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of Illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of POUR-OVER WILLS Page 2 c.. /3.. ~ Testator Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select tbe valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and shall have the discretion to file a joint income tax return with my spouse. CONTESTS AND SPECIFIC OMISSIONS If any beneficiary under tbis will, singly or in conjunction with any other person or persons, directly or indirectly: 1. contests in any court the validity of this will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 2. contests in any court the validity of the Testator's/Testatrix's Will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 3. seeks to obtain an adjudication in any proceeding in any court that this trust or any of its provisions or that Testator's/Testatrix's Will or any of its provisions is void; 4. claims entitlement by way of any written or oral contract to any portion of the Testator's/Testatrix's estate, whether in probate or under tbis instrument; 5. unsuccessfully challenges the appointment of any person named as Executor or successor Executor oftbe Testator's/Testatrix's Will; 6. objects in any manner to any action taken or proposed to be taken in good faith by the Executor ofthe Testator's/Testatrix's Will; 7. objects to any construction or interpretation of this Will, or any provision of it, that is adopted or is proposed in good faith by the Executor; 8. unsuccessfully seeks the removal of any person acting as the Executor of the Testator's/Testatrix's Will; 9. files any creditor's claim in Testator's/Testatrix's estate (without regard to its validity), whether the claim arose before or after the date of this instrument, but excepting claims for cash advanced or paid for expenses oftbe Testator's/Testatrix's last illness or funeral paid by said claimant; 10. attacks or seeks to invalidate any designation of beneficiaries for any life insurance policy on Testator's/Testatrix's life; II. attacks or seeks to invalidate any designation of beneficiaries for any pension or IRA or other form of qualified or non-qualified asset or deferred compensation account, agreement or arrangement; 12. attacks or seeks to invalidate any will which Testator/Testatrix has created or may create during Testator's/Testatrix's lifetime, or any provision thereof, as well as any gift which Testator/Testatrix has made or will made during Testator's/Testatrix's lifetime, whether before or after the date of this instrument; 13. attacks or seeks to invalidate any transaction by which Testator/Testatrix sold any assets (whether to a relative of Testator' s/Testatrix's or otherwise); or 14. refuses a request of Testator's/Testatrix's, Executor or otber fiduciary to assist in the defense against any of the foregoing acts or proceedings, then that person's right to take any interest given to him or her by tbis trust shall be determined as it would have been determined if the person had predeceased the execution of this will instrument without issue surviving. The provisions of tbe foregoing paragraph shall not apply to any disclaimer by any person of any benefit POUR-OVER WILLS Page 3 cE;rr Testator under this will. In the event that any of this provision is held to be invalid, void or illegal, the same shall be deemed severable from the remainder of this provision and shall in no way affect, impair or invalidate any other provision in this will; and if such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed to exist to the extent of the scope or breadth permitted by law. SIMULTANEOUS DEATH If my spouse and I should die under circumstances such that the order of our deaths cannot be determined, then it shall be conclusively presumed for the purpose of this Will that my spouse survived me. If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. (J~~~* CL~E. MANGES Testator POUR-OVER WILLS Page 4 This instrument consists of 6 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at th,J'ottom of each f the preceding pages. This instrument is being signed by me on this ) 7./ day of .J-IloJ . ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the foregoing instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testator. WITNESSES: ~D)l.Jl' ('~ ,DOiLY) ~'U)f( I ClaIL (Printed Name of Witness) ADDRESSES: q~ Lf {)ff{Jr.fxj(l Cl1U/cA fa . City~~~/U I Pit /1;lJ/O ~ f1~ 11. ClavL KeV. Ma.,/( A - ClCA-l~ (Printed Name of Witness) 988Lf Of-ferbCtiJ dw,rch IJf ci~~~V9 / rA 11;)'10 POUR-OVER WILLS Page 5 CE I'n Testator COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE dersigned au~ ~iS~nallY appeared CLAIR E. MANGES, and ~ I . , known to me to be the estator and the wi esses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, CLAIR E. MANGES, Testator, declared to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he executed the same as such and wanted each ofthem to sign it as a witness; and upon their oaths, each witness stated further that he did the same as a witness in the presence of the Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. ~~ ~ .~~ cr: E. MANGES Testat ~e....u ('~jt.- . L0/) kt fJt~1 C/()/ /L (Printed Name of Witness) ~ J1avl d. cki- W"ev. MOJ-IZ A. ClarK (Printed Name of Witness) SUBSCRIBED AND ACKNOWLEDGED ~re m~~AilANGES, Testator, and subscribe nd sw. rn bjl'fore me by ~ t .J and . ' i. " witnesses, this the I '1 M day of ,MD~ . , ot ry Public, ommonwealth of Pennsylvania } / NOTARIAL SEAL JEROME I lEWIS, NOTARY PUBLIC TREDYFFRIN TWP., CHESTER COUNTY MY COMMISSION EXPIRES SEPT. 25 2006 POUR-OVER WILLS Page 6