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HomeMy WebLinkAbout08-08-14 Reset 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_ I —–7 I 1 Name: Barbara M.Hoelscher File No: [[ `T a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: July 27,2014 Age at death: 66 Decedent was domiciled at death in Cumberland County, Pennsylvania (stare)with his/her last principal residence at 262 Conway Street,Carlisle,PA 17013-3601,Carlisle Borough,Cumberland County Street address,Post Office and Zip Code City,Township or Borough County Decedent died at M S Hershey Medical Center,Hershey,PA 17033-0850.Derry Township,Dauphin 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 525,000.00 If not domiciled in Pennsylvania. .....6666 . ............ . Personal property in Pennsylvania $ If not domiciled in Pennsylvania. .. . . ...... . .6 6 6 6....... Personal property in County $ Value of real estate in Pennsylvania.... ..................................... . .... .......... . $ 275,000.00 TOTAL ESTIMATED VALUE. . . . $ 800.000.00 Real estate in Pennsylvania situated at: 262 Conway Street,Carlisle,PA 17013-3601,Carlisle Borough,Cumberland County (Attach additional sheets,ifnecessary) Street address,Post Office and Zip Code City,Township or Borough County ® A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated June 21,2012 and Codicil(s) thereto dated State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not many,was not 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 bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. 0 NO EXCEPTIONS O EXCEPTIONS © B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n., d.b.n.c.ta.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or d,b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. ONO EXCEPTIONS O EXCEPTIONS - Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survivedby the following spouse(if any)and h additional sheets, ifnecessary): O 00 O U p Name Relationship Address � u, Op U U U Farm aw-oz re, 101111211 Page 1 of 2 Oath of Personal Representative Official Use only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Christian N.McAdoo 1 Cross ate Circle Lemoyne,PA 1704-1158 The Petitioner(s)above-named swear(s)or affirms)the statements in thp foregoing Petition are a and rrect to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Deced the Petiti ner(s) ill we nd t ly administer the estate according to law. Sworn to or�affirmed and subscribed before II 1— Date Q me this 1 r..day of Al 5 OU 4 Date By: ( Lj U-Q -hf Date Forthe Register 1 Date BOND Required: ® YES Q NO To the Register of Wills: FEES: t�I,.,(� Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ �JsL�J. Attorney Signature: ( UO) Short Certificate(s). . . . . . 3f> ( )Renunciation(s).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Commission. . . . . . . . . . . . . . . . . . Supreme Court Other WI ( ( . . . . . . 15 ID Number: Firm Name: w0 00 O S' . . . . . . Address: O ( � 055 . . . . . . Phone: p �' O Automation Fee. . . . . . . . . . . . . . . �J�J.SV Fax: t'' 09 JCS Fee. . . . . . . . . . . . . . . . . . . . . O t) Email: TOTAL. . . . . . . . . . . . . . . . . . . . . $ Z 066— U DECREE OF THE REGISTER Estate of Barbara M.Hoelscher File No: a/k/a: AND NOW, t ���,in consideration of the foregoing Petition, satisfactory proof having bo presented before me,IT IS DECREED that Letters TF�17�MP1Z�Yl_�) are hereby granted to f�Sfil dyl Y-r— C)C) in the above estate and(if applicable)that the instrument(s)dated A U rV Z[ 2D described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s)) of Decedent. ster of all Farm RW-02 rev.1011112011 ��Page 2 of 2 DFI(JE Or LAST WILL AND TESTAMENT iLiti A.U'u -8 N11 3: 42 OF BARBARA M. HOELSCHER ORPN�,N'S C;G'URT Cl1MBERLMD CO., PA I, BARBARA M. HOELSCHER, of the 262 Conway Street, Carlisle, Cumberland County, Pennsylvania, make this my will. I revoke any other wills or codicils to wills made by me. ARTICLE I. DISTRIBUTION OF MY ESTATE A. I give my tangible personal property to John H. McAdoo, presently residing in Carlisle, " y'Vani d David R. McAdoo,presently residing in_K_ernersville, North Carolina, liarllJle 1 11ll1J 1Y(LL114.Nat LLL.♦ in shares as nearly equal as possible, at the absolute discretion of my executor. Tangible personal property includes stamp or coin collections but does not include other money or stock certificates or other evidences of intangible rights or interests. Tangible personal property does not include any property that is held primarily for investment purposes or used in connection with any business in which I may be engaged or in which I may have any interest at the time of my death. B. I give the following specific gifts and bequests: 1. to the Second Presbyterian Church in Carlisle Pennsylvania the sum of twenty thousand dollars; 2. to Grace Elizabeth McAdoo the Antique Opal ring surrounded with diamonds which was given to me by my parents; 3. also to Grace Elizabeth McAdoo the Black Opal ring surrounded with diamonds which was given to me by Judy Johns and made by James Joseph Jewelers of Mechanicsburg; 4. to Vivian Rose McAdoo the three diamond ring— one carat and two one-half carat diamonds; also to Vi<,i-an Rose McAdoo the three diamond rime Which has three, smaller diamonds; 6. to Valerie McAdoo the Chateau Rose Sterling silverware set; 7. also to Valerie McAdoo the Wicker Dale china service for fifteen by Spode. C. I give the residue of my estate to John H. McAdoo and David R. McAdoo, per stirpes, in shares as nearly equal as possible, at the absolute discretion of my executor. D. Whenever property is to be distributed to the descendants of a person (the "ancestor"), such property shall be divided into equal shares, one share for each then living descendant in the first generation below the ancestor in which at least one descendant is living, and one share for each deceased descendant in such generation who has a descendant then living. Each share created for a living descendant shall be distributed to such descendant. Each share Page 1 of 5 B.M.H. 7 9A created for a deceased descendant shall be divided and distributed according to the directions in the two preceding sentences until no property remains undistributed. E. A person who has a relationship by or through legal adoption shall take under this will as if the person had the relationship by or through birth, except that a person adopted after reaching age twenty-one and descendants of such a person shall not so take. F. Any beneficiary or the legal representative of any deceased beneficiary shall have the right, within the time prescribed by law, to disclaim any benefit or power under my will and the interest so disclaimed shall be distributed as if such beneficiary had predeceased me. ARTICLE IL PROVISIONS FOR INTERESTS VESTING IN BENEFICIARIES UNDER AGE TWENTY-FIVE Notwithstanding the foregoing provisions, whenever any interest in my estate vests absolutely in a beneficiary under age twenty-five,my Trustee shall retain the interest upon a separate trust or together in one trust with other beneficiaries, as my Trustee decides at his or her discretion, and pay to each beneficiary as much of the net income or principal according to the following: A. My trustee may distribute to and among my issue, or any of them from time to time, all or any portion of the net income and such portions of the principal as my Trustee, in his absolute discretion,may deem advisable. Such distributions of income and principal may be made in such proportions among my issue as my Trustee, in his absolute discretion, may deem advisable, without regard to equality, and the pattern of any distribution of income or principal need not be followed at the time of any other such distribution. Any of the net income not distributed by my Trustee in accordance with the foregoing provisions in any calendar year shall be accumulated and added to the principal of this trust. B. My trustee shall distribute to each beneficiary upon his or her twenty-fifth birthday his or her share of the rrust. C. If a beneficiary dies before reaching the age of twenty-five years,his or her interest shall constitute a part of the beneficiary's estate. D. This trust shall terminate upon the earlier to occur of the following events: (1) At such time as all of my living beneficiaries shall have attained the age of twenty-five years; or (2) At such time as there is no child of mine then living. E. Upon termination of this trust in accordance with the provisions of subparagraph D hereof, or if either of the events specified in subparagraph D has theretofore occurred, the Page 2 of B.M.H.� y balance of the principal then remaining shall be distributed to my issue, per stirpes. ARTICLE III. PAYMENT OF EXPENSES AND OTHER CHARGES I desire a Christian funeral. I wish for my remains to be interred in the family burial plot in Mount Holly Springs, Pennsylvania. I direct my Executor to pay my funeral and burial expenses (including the cost of a monument or marker over my grave). The estate, inheritance and similar taxes assessable on my death (including from those assets not passing under this Will) shall also be paid as a cost of administering my estate. My Executor shall not request any beneficiary to pay any part of such tax. ARTICLE IV. MISCELLANEOUS PROVISIONS A. Sp=dthrift Trust. To the extent permitted by law, neither the principal nor income of any trust shall be liable for the debts of any beneficiary or, except to the extent otherwise specifically provided,to alienation or anticipation by a beneficiary. B. Matters of Interpretation.For simplicity, I have expressed pronouns and other terms in one number and gender, but where appropriate to the context these terms shall be deemed to include the other number and genders. The bold headings are for convenience and shall not affect interpretation. ARTICLE V. APPOINTMENT OF FIDUCIARIES AND POWERS A. I name my nephew Christian N. McAdoo to be my Executor. Should he fail or cease to act, I name John H. McAdoo to be my Executor (hereinafter "Executor"). If administration of my estate or trust should be necessary in any,jurisdiction where my Executor or my Trustee is unable to qualify, or if my Executor or my Trustee deems it necessary for any other reason, I give to my Executor and my Trustee the power to designate any individual or corporation with trust powers to serve with my Executor or my Trustee or in my Executor's or my Trustee's stead. I request that no security be required of any Executor or Trustee, including an Executor or Trustee named pursuant to the preceding sentence. References in my will to my "Executor" and my "Trustee" are to the one or ones acting at the time, except where otherwise specifically provided. B. Any corporate Executor or Trustee shall receive for its services the compensation for which it is willing to undertake similar services for others at the time such services are rendered, as evidenced by its published fee schedule in effect from time to time, unless it is willing to agree upon a fee that is less than its customary fee. Any individual who serves as Executor or Trustee shall be entitled to receive reasonable compensation for his or her services and,whether or not such individual receives compensation, shall be entitled to be reimbursed for expenses incurred for such services. C. I grant my Executor and my Trustee the powers set forth in 20 Pa.C.S. §§ 3311- 3332 and 20 Pa.C.S. §§ 7771-7780 respectively. In addition, my Trustee may merge any trust under this will with any trust having the same trustee and substantially the same dispositive Page 3 of 5 B.M I provisions. If at any time after my death the size of any trust under this will is so small that, in the opinion of my Trustee, the trust is uneconomical to administer,my Trustee may terminate the trust and distribute the assets to the person or persons authorized to receive the trust income in such shares as my Trustee may deem appropriate. No Trustee who is also an income beneficiary of the trust at issue shall exercise any discretion granted in the preceding sentence. My Executor and my Trustee may distribute tangible personal property passing to a minor to any adult person with whom the minor resides, and that person's receipt shall be a sufficient voucher in the accounts of my Executrix and my Trustee. D. It is my desire that my Executrix or alternate Executor consult with Matcya Law Firm in the handling of my estate,they being familiar with my affairs. ARTICLE VI. DEFINITIONS The following definitions shall be applicable to all of the provisions of my Will except where otherwise specifically stated: 1. The use of the masculine shall include the feminine or neuter and the use of the singular shall include the plural, and vice versa. 2. The term"estate,"where appropriate, shall include any trust hereunder. 3. The term "minor" shall mean an individual who has not attained the age of twenty-one years. Executed this_41 day of '2012. Barbara M. Hoelscher Signed, sealed, published, and declared for and as his last will and testament by the testator in our presence, we all being present at the same time; and we, in his presence and at his request and in the presence of each other, have subscribed our names as witnesses whereof, all on the date last above written. OF OF jrJ. C I)a��l �^J1 i •l12, , Page 4 of 5 B.M.H. COMMONWEALTH OF PENNSYLVANIA. CUMBERLAND COUNTY,to wit: Before me, the undersigned authority, on this date personally a peared Barbara M. Hoelscher, and..�. =_ ) T E�C�_.. and&.M 1� E � �61[Z}STD L known to me to be fhe testatrix and wi ne3 sses, respectively, whose names are signed to the foregoing instrument and, all of these persons being by me first duly sworn, Barbara M. Hoelscher, the testatrix, declared to me and to the witnesses in my presence that said instrument is her last will and testament and that she had willingly signed and executed it in the presence of said witnesses as her free and voluntary act for the purposes therein expressed, that said witnesses stated before me that the foregoing will was executed and acknowledged by the testatrix as her last will and testament in the presence of said witnesses who in her presence and at her request and in the presence of each other did subscribe their names thereto as attesting witnesses on the day of the date of said will and that the testatrix, at the time of the execution of said will, was over the age of eighteen years and of sound and disposing mind and memory. Sworn and acknowledged before me by Barbara M. Hoelscher,the testatrix, f�_, witness, and oA A7 S F , ' A-ro L , witness, this c9 day of 2012. Barbara M. Hoelscher Witness —= �� C f1 _n _A-7c- Witness ((�� C�1fLfurft�p�J 1.L_. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seat France,A.Aumillei Notary Public South Middleton Up.,Cumberland County My commission expires: M Commission ESplm March 16,2014 Member,Pennsylvania Association of Notaries Page 5 of 5 REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA No. 2094- 00747 PA No. 21- 74- 0747 Estate Of: BARBARA M HOELSCHER (first Middle,Last) r a Late Of: CARLISLE BOROUGH n = 70 CUMBERLAND COUNTY Deceased Social Security No: CD CiL -i+ C, WHEREAS, on the 11th day of August 2014 an instrument dat2a" `3 `n O a �- June 21st 2012 was admitted to probate as the last will of — BARBARA M HOELSCHER (First,Middle,Last) late of CARLISLE BOROUGH, CUMBERLAND County, who died on the 27th day of July 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, LISA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARYto: CHRISTIAN N MCADOO who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 11th day of August 2014.-- Innr / Re ster o Wil/s eputy r **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)