Loading...
HomeMy WebLinkAbout03-08-05 Estate of ("\ A ~..... 0" /Sa. L Y H E:r~:n. lli.n... also known as PETITION FOR PROBATE and GRANT OF LETTERS 2..1- 05 - OLW Register of Wills for the , Deceased. County of in the Social Security No. 0 CoI - 2 '5'- -3325 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 executoY1. (;.(;o<<':,09 BIl/LTtJ<><""l'lt"'hamed in the last will of the above decedent, dated 1=fZ~'-Ilt72r ~ ~, , 19~ and codicil(s) dated No. To: (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in CVrM~(5fLL",JJ> heY" last family or principal residence at .,1-/0/?.tl)w-1LD j.JoWl-e 4'-12- wALAJ~T f!orrot/1 ~DIlO CI'fltl<5LE.,YfI /;OJ.:J (list street, number and muncipality) County, Pennsylvania, with Decendent, then V'& years of age, died IYII1.<2c 1-+ '.- at l~rn'T1IVVIcJ HOYl'le C"f>.,,-f,d...')/o.. 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: NA 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: 19 7- ODS; , , 5, 000 $ $ $ $. WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and coqigl(s) presented herewith and the grant of letters I &:::5 r 1'\m E;"N 1"112. 't" ",' " (testamentary; administration c.La.; admirustration d.b.n:c.La.) theron. ~ '" '-' II> h i+i:;'~ -g.g cd ''::: 3~ II> '- ~o ~ c::: ell en (,..) '\ OATH OF'PERSONAL REPRESENTATIVE COMMONWEAL]'H OF PENNSYLVANIA 'I s- COUNTY OF Cu...VYHjffiLA1J b . J ' IS 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 and truly administer the estate according to law. J1v~;A~/Iu4L~dk.f~ar- ~ :::! I:l - :;: ~ ~ No. 21-05 -D22O E~tate of MA-K'-l OVl2R~l.L-I2R-- , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ---.01 KRtH- 8 ~005 Yl_. 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 2.. - 22 -q l ~ described therein be admitted to probate and filed of record as the last will of j'()A-R\f OVf2T(j.. 'J HWTZL~ and Letters T E:~ T A- '1'1 ~ TPrR.... "-/ are hereby granted toqE:VRC-:dA- A-NN'-B~<...Tll ~ ~A-R-T FEES Probate, Letters, Etc. ......... $ 45.00 , e 00 Short Certificates( 2...) . . . . . . . . .. $ . Renunciation.... "W'l'LL'" ~ l~:~~ Filed ........... T~~"~P 1~ Doe,) ATTORNEY (Sup. Ct. I.D. No.) ADDRESS PHONE Register of Wills of Cumberland County RENUNCIATION Estate of /"VlAR. Y Ov'0'2.LY ,-If.a.-rzu;:fL, Also known as No. Z-1-05-0r20 , deceased To the Register of Wills of Cumberland County, Pennsylvania The undersigned J:AUL V'NC.ENT J-1~-rZ.L611l.1I:. SON bK':CCJYo!2.. (Name) (Relationship) (Capacity) of the above decedent, hereby renounce(s) the right to administer the estate and respectfully request(s) that Letters' {;'5Tt:I M CN7;o, 12 Y be issued to (;:E04.Ct II AN/V I3I'VlTl-{(J f-.on f!';.w Witness my/ourhand(s) this 9Ti day of fYlt1lJ..ol , 20!!.S.. Affirmed and subscribed before me this day of /2 ~/,~=- (Signature) SScJ'5; CU'''WCI/J C7 L<:csbuV''1; FL 1'171.('(1' (Address) ~ Notary Public My Commission Expires: (Signature) Or (Address) (Signature) (Address) (Signature and seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's commission) LAST WILL AND TESTAMENT OF MARY OVERLY HERTZLER I, MARY OVERLY HERTZLER, of Camp Hill, Cumberland County, pennsyl vania f being of sound and disposing mind and memory! do make, publish and declare this to be my Last Will and revoke any wills and Codicils previously made by me. ITEM I: I direct that all my just debts and funeral expenses, including the cost of a suitable gravemarker and perpetual care for my burial plot, shall be paid from the assets of my estate as soon as practicable after my decease. J-TEM II: I express my confidence that my instructions as to my funeral and burial, which I have given to my daughter, GEORGIA ANN HERTZLER BARTHOLOMEW and to my son, PAUL VINCENT HERTZLER II, will be honored. ITEM III: I direct that all inheritance and Estate taxes (including interest and penalties thereon but not including any generation skipping tax) becoming due by reason of my death! whether such taxes be payable by my Estate or by any recipient of any property, shall be paid by my Executor out of the property passing under this Will, which is not specifically bequeathed or devised as an expense or cost of administration of my Estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax paid by my Executor even though payable on proceeds of insurance or other property not passing under this will. In the absolute discretion of my Executor, my Executor may pay any such taxes immediately or may postpone the payment of taxes and future or remainder interest until the time possession accrues to beneficiaries. ITEM IV: I make the following charitable bequests: (a) To Guideposts, for use in connection with the publication for the blind, One Hundred ($100.00) Dollars. (b) To Cedar Grove Presbyterian Church, East Earl, Lancaster County, Pennsylvania, the sum of One Thousand ($1,000.00) Dollars in memory of my parents, Emma Ranck Overly and Hiram Rife Overly. (c) To the Cemetery Trustees of Rancks United Methodist Church of R. D. #1, New Holland, Pennsylvania for the upkeep of the G. Edgar and Mary O. Hertzler graveplot, the sum of Five Hundred ($500.00) Dollars. (d) To the Peabody Institute of Johns Hopkins University, 1 East Mount Vernon Place, Baltimore: Maryland 21202 the sum of One Thousand ($1,000.00) Dollars as a gift in memory of Mary Overly Hertzler, Class of 1931. ITEM V: I give and bequeath all of my household furniture and furnishings, automobiles, books, pictures, jewelry, china, linen, silver, wearing apparel and all other articles of household or personal use and adornment, including insurance policies thereon, to my daughter, GEORGIA ANN HERTZLER BARTHOLOMEW and my son, PAUL VINCENT HERTZLER, II, to be divided among them as they shall agree. In the event either my son or daughter shall predecease me then their share shall be divided equally among their issue surviving at my death. ITEM VI: I gl ve, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, wheresoever situated, to my daughter, GEORGIA ANN HERTZLER BARTHOLOMEW and my son, PAUL VINCENT HERTZLER, II or their issue, per stirpes. ITEM VII: In settlement of my Estate, my Executor sha.ll possess in addition to and not in limitation of all powers granted by law or elsewhere herein the following powers: (a) to retain and to invest ln all forms of real and personal property, regardless of (i) any limitations imposed by law on investments by executors or trustees, (ii) any principle or law concerning delegation of investment responsibility by executors or trustees, or (iii) any principle of law concerning investment diversification; (b) to compromlse claims and to abandon any property which, in my Executor's opinion, is of little or no value; to borrow from, and to sell property to others, and to pledge property as security for repayment of any funds borrowed; (c) to sell at public or private sale, to exchange or to lease for any period of time any real or personal property, and to give options for sales or leases; (d) to join in any merger, reorganization, voting-trust plan or other concerted action of security holders, and to delegate discretionary duties with respect thereto; (e) to use administrative or other expenses of my estate as income tax or estate tax deductions and to value my estate for tax purposes by any optional method permitted by the law in force when I die, without requiring adjustments between income and principal for any resulting effect on income or estate taxes; (f) to borrow money for the purpose of raising funds to pay taxes or for any purpose deemed by the fiduciary beneficial to my Estate and upon such terms as the fiduciary may determine, and to pledge as security for the repayment of any such loan or loans any asset of my Estate; and (g) to pay any legacy or to distribute my Estate in cash or in property, or partly 1n cash and partly in property and to make nonprorata payments or distributions of such cash property and for those purposes to use and allot any property not specifically bequeathed, such use and allocation to be conclusive against all parties interested hereunder, so long as the total market value of any beneficiary's share is not affected by such allocation. These authorities shall extend to all real and personal property at any time held by my Executor and shall continue in full force until the actual distribution of all such property. All powers, authorities, and discretion granted by this will shall be in addition to those granted by law and shall be exercisable without leave of court. ITEM VIII: I nominate, constitute and appoint n~ daughter, GEORGIA ANN HERTZLER BARTHOLOMEW and my son, PAUL VINCEt--TT HERTZLER II as my Co-Executors under this will. If either is unable or unwilling to serve, the other shall serve alone. My Executor is specifically relieved from the duty or obligation of filing any bond or other security in any jurisdiction insofar as I am able to do so by law. IN WITNESS WHEREOF, I have hereunto set my hand and seal and caused this my Last will and Testament, consisting of seven (7) typewritten pages, including this attestation clause and the following Acknowledgment and Affidavit, to be executed, ~t) ~J}^'-lL~ _ and publ~shed this _q<~~day of ~~~~~_ ~ ,Pennsylvania. declared , 1996, at LJr; d~ O:~1//~~ MARY OV RLY HE ZLERL/ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYL~ANIA) COUNTY OF LA)/,vLJ)i!;lkiJ,- SS: I, MARY OVERLY HERTZLER, the Testatrix, whose name J.S 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. ~ ~ ,f:mm /Jejt..i MARY 0 RLY HE TZLER / Sworn or affirmed to and acknowledged before me by MARY OVERLY HERTZLER, the Testatrix this Cl.1rrJ day of s.l (':(/(I_k--7 1996. . i<d:;,i'~('~,Z.{!. ,t4-/ ~PUbliC / ( SEAL) My Commission Expires: I ,:.,-.>;}.';:~;, ~,- _..._:A.............~"."._."...,...~..,,,,"".,,.",N" KI,~-~m'~A i":, '~1/\~"::, CIJ1~' p ~,;~;; ~~:r.;',?, (:'..~l~,,!bf,; II il (;,~\r,'::;;~::;\on E;:[~" ..~::':,; . -," AFFIDAVIT , )/ItJ~~~kJmkd JI , t e witnesses, whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw MARY OVERLY HERTZLER sign and execute the instrument as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as witnesses; and that to the best of our knowledge, the Testatrix was at the time twenty-one (21) or more years of age, of sound mind and o an... d I a.c.. ~nOWledge~~f ,Fe [2.:". e (b. Y dl/(J,ef! 17f( , 'g/J4/3./and 1 1..,1 , the witnesses, this (J----ru_ day of / ..._...._, 1996. / ..// , / ../- "'~/" L.7 /1}[;i:~/('I.:t-Z[, k/~~~' Notary Public (S.EAL) -i. .~ ,c" .... I /.'. ,j , .' r.~ . ,/.11 u: / , . C/ / ue influence. Residing at ~ /'-i5. tZ:I.r- ~I ~'I 'R. _/los-r ~eSiding . at~~_ ~i;//:A llu0 cfb/'vu:J}(jfJ~ .), at~/ tfJ;~ rcd n /7 r~-~'~j:~'~':~':'.-<'> ,', \ C:~.:R~:!~ :~~~::~"::~~"'~~)'>!, .,: \ ! ww <:O!r'!"r~l~i':';"! ~:'1:..:,lr~~:o;:./--~ '"' ._......,....,...) ~~~'"''''''u_....,.W"..,..''''''___,....'..F,...:...C.-'l.,'>_......--'"'''''''"'