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HomeMy WebLinkAbout04-21-05 Estate of Winifred E. Sanders also known as PETITION FOR PROBATE and GRANT OF LETTERS /il- os- -6~T7 No. To: Register of Wills for the , Deceased. County of Cumberland in the Social Security No, 043-12-3452 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who islare 18 years of age or older and the executOr named in the last will of the above decedent, dated Februarv 10.1992 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h er last family or principal residence at Greenridge Villace 210 Sic Soring Road Newville PA 17241 (list street, number and municipality) Decedent, then 96 years of age, died 1125/2005 at Greenridce Viiiage 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 of real estate in Pennsylvania situated as follows: $ $ $ $ 800,000.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented her.with and the grant 0 letters testamentary thereon. (testamentary; administration c.La.; administration d.b.n.c.t.a.) 129 William Street Portland ME ,04103 ~ . o c . ~ '(i;~ o ~ ",,,, o ~ c ~ .g ~.- ~~ "~ i3 0 ~ C M u; (' OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYL VANIA} ss COUNTY OF Cumberland 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 Iy administer th esta according to law. Sworn to or affirmed a~ subscribed before m this 2;)," day of ~~ Register { Vo o'Q' , o .. ~ 2 No. ),/- O~- 0377 Estate of Winifred E. Sanders , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW J J. fJI( c1 'I of /lpl'; I ;(OOrin consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instnnnent(s) dated 2/1 0/1992 described therein be admitted to probate and filed of record as the last will of Winifred E. Sanders and Letters T estamentarv are hereby granted to Probate, Letters, Etc. . Short Certificates ( Renunciation. . . . . . $ ) . . . . . . $ . . . . . . . $ $ TOTAL _ $ ~~ FEES 19 S. Hanover Street, Ste. 101 Carlisle PA 17013 ADDRESS Filed. . . . . . . . 717 245-2698 PHONE W ILL I, WINIFRED E. SANDERS of Fairfield, Connecticut, hereby make my will as follows: FIRST. If my sister HELEN NORRBY (widow of Clarence Norrby) survives me, I give to her for her use during her lifetime all of my tangible personal property. At her death, this property is to go to my other sister IRENE JOHNSON RICH for her to keep, distribute among family members or to dispose of as she sees fit, with the exception of items already allocated according to a list which I shall leave with this will. SECOND. I hereby forgive and cancel any loan owed to me at my death by my sister HELEN NORRBY. . THIRD. I give all the rest of my property and estate, together with any lapsed gift, to my Trustee hereinafter named to hold the same and pay the entire net income therefrom to my sister HELEN NORRBY for and during her lifetime and upon her death, or upon my death if I survive her, I give the remainder, as follows: (a) THIRTY-EIGHT PERCENT (38%) to my nephew WAYNE WOODBURY JOHNSON, to use as he wishes; (b) TEN PERCENT (10%) to my nephew DAVID LESLIE JOHNSON, to use as he wishes; '-21(; ~ S. (c) THIRTY-EIGHT PERCENT (38%) to my niece PHYLISS JOHNSON MORTIMER, with the earnest desire that she use if for the education of her children, Brian and Emily; (d) TWO PERCENT (2%) to JACQUIE KAYE ALBERT (grandchild of my late cousin Edith Weber); (e) TWO PERCENT (2%) to VIVIENNE KAYE WEST (grandchild of my late cousin Edith Weber); (f) ONE PERCENT (1%) to LUANA WEBER BOGUE (grandchild of my late cousin Edith Weber); (g) TWO PERCENT (2%) to SHARALYN WEBER McMAHON (grandchild of my late cousin Edith Weber); (h) ONE PERCENT (1%) to WILLIAM WEBER (grandchild of my late cousin Edith Weber); (i) ONE PERCENT (1%) to DELANNE STAGEMAN (grandchild of my late cousin Edward Sanders); (j) TWO PERCENT (2%) to JANET JOHNSON THOMPSON (daughter of my nephew Wayne Johnson); (k) ONE PERCENT (1%) to JENNIFER JOHNSON (daughter of my nephew Wayne Johnson); (1) ONE PERCENT (1%) to JUDY JOHNSON (daughter of my nephew wayne Johnson); and (m) ONE PERCENT (1%) to MARCIA RICHARDSON SEVERANCE, with the earnest desire that she use it for the education of her children Scott and Derek in memory of their great grandmother and my cousin Roxie Richardson. -2- ~; (f s: I give the share of any of the foregoing beneficiaries who do not survive me to the surviving beneficiaries in the ratios set forth above. FOURTH. I direct that all federal and state legacy, succession, inheritance, transfer and estate taxes, including interest and penalties, if any, that may be levied or assessed upon my estate or with respect to any property which is included or subject to inclusion in my gross estate for the purpose of any such tax, whether or not the property passes under this Will, shall be paid out of my residuary estate in the same manner as an expense of administration, without proration or apportionment and without contribution by any of the respective beneficiaries, transferees or other recipients of my estate or of said property. FIFTH. In extension and not in limitation of the powers given them by law or other provisions of this Will, the Executor of my will and the Trustee of any trust created hereunder shall have the following powers with respect to my estate and my trusts and the property included in my estate and my trusts, to be exercised from time to time in their discretion without order or confirmation of court: (1) To settle on such terms as they may deem advisable any claims of my estate or of any trust created hereunder against others or of others against my estate or against such trust; (2) To complete any contracts and to payor extend or renew any loans or debts which I may have or which may be owing to me at my death; -3- .......-/1 'y C' Vl../ t ..-> . -. . (3) To borrow from time to time such sums as they may deem advisable to facilitate the exercise of any rights, options or privileges of the character referred to in section (11) of this Article FIFTH or for such other purposes as they may deem advisable for the preservation or benefit of my estate or of any trust created hereunder, and to secure any sum so borrowed by the pledge or mortgage of any securities or other properties constituting a part of my estate or of such trust; (4) To sell, lease, mortgage, pledge, transfer, exchange or otherwise dispose of any securities or other properties which I may own at my death or which may come into their possession or under their control at any time hereunder upon such terms as they may deem advisable, and to . execute and deliver such contracts, deeds, leases, assign- ments, or other written instruments, with or without covenants, as may be necessary or convenient to accomplish such purposes and no purchaser, lessee, mortgagee, pledgee, transferee or exchangee shall be required to see to the application of the proceeds thereof or to inquire into the validity, expediency or propriety thereof; (5) To determine the date for the valuation of property in my gross estate for purposes of the Federal Estate Tax; (6) To claim any expenses of administration of my estate as income tax deductions upon any income tax return or returns whenever in the judgment of the Executor such action will achieve an overall reduction in income and death taxes, and without making any adjustment therefor of income and principal accounts in my estate; (7) To invest and reinvest in, sell, purchase, or otherwise acquire, and to retain, whether originally a part of my estate or subsequently acquired, any and all stocks, bonds, notes or other securities, or any variety of real or personal property, including stocks or interests in invest- ment trusts and common trust funds, as they may deem advisable, whether or not such investments be of the character permissible for investments by fiduciaries all statutory limitations and restrictions as to investment of funds by executors or trustees now existing or hereafter enacted being waived; (8) To purchase investment securities at a premium or discount and without any obligation to amortize such premium or discount; -4- L~75 (9) To cause any investment securities or other properties held by them hereunder to be registered or held in the name or names of a nominee or nominees without being required to describe the capacity in which or the authority under which such securities or other properties are held, or to hold any such securities or other properties unregistered and in bearer form, without in any such case thereby changing their liability hereunder; (10) To vote in person or by proxy any securities or other properties held by them hereunder; and, generally, to exercise in respect of any securities or other properties held by them hereunder all such rights, options and privileges as could be exercised lawfully by any natural person owning like or similar securities or other properties in his own right; (11) To make all payments, divisions and distributions hereunder either in money or in property or partly in money and partly in property as they may deem advisable, their judgment as to the fairness and equality of any such payment, division or distribution to be final and binding upon all persons interested hereunder as to both the kind and value of any property designated by them for such disposition; (12) To payor deliver all or any part of the money or other property to which any minor or incompetent person shall be entitled hereunder to the parent or to the legal guardian of the person of such minor or to any person with whom such minor is residing or to the legal representative of such incompetent person and to accept the receipt of such parent or guardian or person or legal representative for the money or other property so paid over or delivered as a full release from further accountability therefor; (13) To pay to the beneficiary entitled to the next succeeding estate any dividends declared but not paid and any interest or other income accrued but not received on or before the date of the termination of the preceding estate; (14) To determine what expenses, costs, taxes and other charges of all kinds (including Trustee's fees) shall be charged against income and what against principal or to apportion the same between income and principal in such amounts as they may deem proper, their decision with respect thereto to be final and binding upon all persons interested hereunder; (15) To apportion appreciation or capital gain realized on the sale of any non-income producing security or other non-income producing property held by them hereunder -5- v cu. {: 5. between income and principal in such amounts as they may deem proper, their decision with respect thereto to be final and binding upon all persons interested hereunder; (16) At such times as there shall be more than one trust existing hereunder, to hold the assets thereof in solido, maintaining the separate identities thereof only by appropriate entries in their books of account; (17) To rely upon any affidavit, certificate, letter, notice, telegram or other paper or upon any telephone conversation believed by them to be genuine and upon any other evidence believed by them to be sufficient, and to be protected and saved harmless in all payments or distribu- tions required to be made hereunder if made in good faith and without actual notice or knowledge of the changed condition or status of any person receiving payments or other distributions upon a condition; (18) To employ such agents, experts and counsel as they may deem advisable in connection with the administration and management of my estate and of any trust created hereunder, and to delegate discretionary powers to or to rely upon information or advice furnished by such agents, experts and counsel; (19) To make payment, division and distribution, including the satisfaction of any pecuniary bequest, in cash or in specific property, real or personal, or an undivided interest therein, or partly in cash and partly in such property, and to do so without regard to the income tax basis of specific property allocated to any beneficiary; and I request, but do not direct, that distributions shall be made in a manner which will result in the property sold to satisfy obligations of my estate having an aggregate income tax basis as close as possible to its aggregate fair market value, and, to the extent consistent with the foregoing objective, in a manner which will result in maximizing the aggregate increase in income tax basis of assets of my estate on account of federal and state estate, inheritance and succession taxes attributable to appreciation of such assets; and (20) To deal generally with my estate and any trust created hereunder as in their judgment the best business interests thereof may require. SIXTH. I appoint my nephew WAYNE WOODBURY JOHNSON to be Executor of this Will, without bond. '~c. '7: s. -6- SEVENTH. I appoint my nephew WAYNE WOODBURY JOHNSON to be Trustee of any trust created under this Will, without bond. EXGHTH. I direct that the term "Executor" as used herein shall be construed to mean and to include any administrator with the will annexed and that the term "Trustee" as used herein shall be construed to mean and to include any successor Trustee. NINTH and LAST. I hereby revoke all wills and Codicils previously made by me. IN WITNESS WHEREOF, I, WXNIFRED E. SANDERS, have set my hand and affixed my seal to this Will, consisting of this page and the preceding six (6) typewritten pages, each of which is identified by my initials at the bottom thereof, at Fairfield, Connecticut, on February 10, 1992. "' '-"~ ~~~/J./ r: IJ=~ L.S. Subscribed, sealed and sworn to by the within-named Testator, WXNXFRED E. SANDERS, in our presence, and at the same time, published, declared and acknowledged by her to us to be her Will, and thereupon we, at her request and in her presence and in the presence of each other, hereunto subscribed our names as witnesses at Fairfield, Connecticut on February 10, 1992. NAME ADDRESS (J I nno~otDh. ts- o ..~vn" s L~.~/ ~itJrrYY)f,-. C~nnJ. !1wr!.." ,A Cd-. t -7- AFFIDAVIT OF ATTESTING WITNESSES STATE OF CONNECTICUT) ) ss.: Fairfield COUNTY OF FAIRFIELD ) February 10, 1992 Then and there personally appeared the within-named DEBORAH A. WHITE and DANA S. DESING who, being duly sworn, depose and say that they witnessed the execution of the within will of the within-named Testator WINIFRED E. SANDERS that said Testator subscribed, sealed, published, declared and acknowledged the same to be her Will in their presence; that they thereafter subscribed the same as witnesses in the presence of said Testator and in the presence of each other and at the request of said Testator; that said Testator appeared to them to be of full age and of sound and disposing mind and memory; and that they make this Affidavit at the request of said Testator. : (;il ",,~I,')Jh, #: (/'C"U,;( ...). h./",/:]LV<', / '/%-'#/ -8-