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HomeMy WebLinkAbout03-14-05 PETITION FOR PROBATE and GRANT OF LETTERS TESTAMENTARY Estateof Mildred I. Hershberaer No. ~ 1-1J5 - ()c';(3~ , also known as To: , Deceased. Register of Wills for the 1. ) "J! /4.-; ~~ County of D8tifJRiR.. Ut-m ()Gn a ~-- ,. ./ Commonwealth of Pennsylvania Social Security Number 200-22-5419 The petition of the undersigned respectfully represents that: Your petitioner(s), is / are 18 years of age or older and the Personal Representative(s) named in the will of above decedent, dated Auaust 7 2002 and codicil(s) dated ~~tth 't ~ <;.kk pulIl rt!AA~-1. "" -lk 0r.\o't~ ~ t:::!~4iu:l.~ ...,~ (..J..I~ I ~.p/tr~IA~~~Pr ~J ({~h~ IVto.<\/L.L I' (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last family or principal residence at 702 Hummel Avenue. Lemovne. Cumberland County. PA (list street, number and zip code) Decedent, then 78 years of age, died Januarv 25 at MS Hershev Medical Center in Dauohin County. PA Except as follows, decedent did not marry; was not divorced; did not have a child born or adopted after execution of the will offered for probate; was not the victim ofa killing and was never adjudicated an incompetent; Decedent at death owned property with estimated values as follows: (If domiciled in P A) Personal property (Ifnot domiciled in PAY Personal prope~r Pennsylvania Personal property in Value of real estate in Pennsylvania situate as follows: NONE 2005 , County $ $ $ $ 8.000.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant ofletters Testamentarv thereon. (testamentary, administration, c.t.a., administration d.b.n.c.t.a.) ,...., '" "tr u c= \l) '0 "C:;:; .-. \l) '" ~l:' '0 ~ ~ .g 3'~ \l)~ :;...... ..... 0 ~ Sb <ii 702 Hummel Avenue Lemovne 306 N. Market Street Elizabethtown PA 17043 PA 1 022 (:.) OATH OF PERSONAL REPRESENTATIVES COMMONWEAL T~ OF ~EN1'JSYL VANIA Ii1.A t 1(( COUNTY OF -Bauuhm 91.~r-} tLn ~rf!:!!""f 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 ofpetitioner(s) and that as Personal Representative(s) of the above decedent petitioner(s) will well and truly administer thf' p.~tnte according to law. Sworn to or qffu-mjq f!{;! ,ub,cribed ~~~...:: .. before me this 1'17 day of ~ Jtj~ h:.~ yt~io ,;~ -- ~ 1lQ' ;:s ~ i: ~ ~ No. c2! - ()!J- - 0 J3~ Estate of Mildred I. Hershberger also known as , Deceased DECREE OF PROBATE AND GRANT OF LETTERS TEST AMENT ARY AND NOW, fY) 11 rr,h Il{ proof having been presented before me. dated Auaust 7.2002 described therein be admitted to probate and filed of record as the last will and codicil(s) of the above named decedent and Letters Testamentarv are hereby granted to Edward L. Hershberaer and Barbara S. Marvel ;;) 00S- , in consideration of the petition on the reverse side satisfactory IT IS DECREED that the instrument(s) FEES Probate ......................................... ..... ... ............ $ Short Certificate(s)......... ................ ....... ............ $ Renunciation( s) .......................... .. . .. ... .. ......... .... $ Inventory .......... ....... .................... ........ ....... ....... $ Judicial Computer Project ................................. $ Inheritance Tax ................................................. $ Pleadings and Papers ........................................ $ Affidavit(s) ....................................................... $ Tax.................................................................... $ TOTAL .......... ..... ...... $ 15.00 J:J~ LU~ · Re..", of Wi I. r '1 c I?~ Marielle F. Hazen ~ 68003 30.00 35.00 15.00 ATTORNEY (Sup. Ct. I.D. No.) 2000 Linglestown Road, Suite 303 Harrisburg PA 17110 ADDRESS 95.00 717-540-4332 TELEPHONE NUMBER Filed A.D. 10-2 J (Reverse) (Rev. 3/93) c11 -6S - ()~3~ LAST WILL AND TESTAMENT (pour-Over Will) OF MILDRED I. HERSHBERGER IDENTITY I, MILDRED I. HERSHBERGER, residing in the County of Lancaster, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 200-22- 5419. I have the following children: Edward L. Hershberger, born October 23, 1943; Larry J. Hershberger, born January 17, 1945; Kay E. Bream, born August 14, 1950; Barbara S. Marvel, born September 17, 1955; Diann K. Hershberger, born May 4, 1967; and Dennis W. Hershberger, deceased. 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 MILDRED I. HERSHBERGER REVOCABLE LIVING TRUST executed on even date herewith (the "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 ofIntent 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 befote or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same ~ate 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. .. c;. 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 POUR-OVER WILL Page 1 0flJl II- Testatrix 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 Edward L. Hershberger and Barbara S. Marvel 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 Joint 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 Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the 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. POUR-OVER WILL Page 2 %c!J"1i testatrix SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH 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. ~({~.~dJ~ MILDRED I. HERSHBERGER Testatrix This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each of the preceding pages. This instrument is being signed by me on this .7 day of 19 V (, tJ?j- , 2-Oo~ ' POUR-OVER WILL Page 3 ATTESTATION CLAUSE The Testatrix whose name appears above declared to us, the undersigned, that the foregoing instrument was his/her Last Will and Testament, and he or she requested us to act as witnesses to such instrument and to his/her signature thereon. The Testatrix thereupon signed such instrument in our presence. At the Testatrix's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testatrix. The undersigned hereby declare, in the presence of each of us, that we believe the Testatrix 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 Testatrix. WITNESSES: ADDRESSES: e ;to. a R.. c~t JJ.n.l~<J.J Ethel R, C2ha('(~s. (Printed Name of Witness) .1. 50 ~ fl f)l r,iQ tJJz., &~~~~~~ City, State, Zip ~~~~ Ge/)I€6E bJ {!.t>/VLJRJ'}/i/ 1E, (Printed Name of Witness) I c5l ~O 11/ LLTP,/J VI Ftt/ LU;If r J;-J..ltAl3ETl"/704/pJ,/JJI J 7022- City, State, Zip , POUR-OVER WILL Page 4 /fl.~~. Testatrix COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SELF -PROVING CLAUSE BEFORE ME, the undersigned authority, on this day personally appeared MILDRED I. HERSHBERGER, C Jt.o ~e.l~ C!v.'I,j,:?,4.A'J J/L and fiJ1/J'rE<..- C- ..1-J.,.+iL'.-I.-~::~ , known to me to be the Testatrix and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, MILDRED I. HERSHBERGER, Testatrix, declared to me and to the witnesses, in my presence, that the instrument is his/her Will and that he or she had willingly made and executed it as his/her 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 Testatrix, that the Testatrix had declared to them that the instrument is his Will and that he or she executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he or she did the same as a witness in the presence of the Testatrix, and at his request and that he or she 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. ~/..a ~~ MILDRED I. HERSHBERGER Testatrix e~(ej (~:J)rOd~ Witness J Ei ~( R.. (J\C\~\ es. (Printed Name of Witness) ~kJ.~ ~ W~ess , {:ieoi!Ji,E W. ~/V/)1t!A AJ. -Ie, (Printed Name of Witness) , SUBSCRIBED AND ACKNOWLEDGED before me by MILDRED I. HERSHBERGER, Testatrix, and subscribed and sworn to before me by C h-t:J ~ 6. /~ CJ .'.J J!',~ "',(.../ f~ and ~t/h-L. GJ-h4-",-1.;C- <.. , witnesses, this the 7 day of ffi/ 6 J -:;. J '" , ;2--;:; tJ) .),...-: () tu~- wealth of Pennsylvania NOTARIAL SEAL ROBERT J. WEAVER, Notary Public Horsham Twp., Montgomery County My Commission Expires March 28, 2005 POUR-OVER WILL Page 5