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Home My WebLink About04-26-05 PETITION FOR PROBATE and GRANT OF LETTERS 21-05-03&0 Estate of M R ry T. also known as Whit-c()mh No. To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania , Deceased. Social Security No. 182- 4 0- 8 986 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older an the execut 0 r in the last will of the above decedent, dated Dee em be r 10 and codicil(s) dated named ,19~ tstate relevant circnmstances, e.g. renunciation, death of executor, etc.) Oecendent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 616 Mooreland Avenue. Carlisle. PA 17013 Borough of Carlisle (list street, number and muncipality) Oecendem, then gO years of age, died at Sarah Todd Memorial H6me 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: Oecendent 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: April 12, 2005 ,~~~ 1.000.00 $ $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters t est ame n tar y (testamentary; administration c.I.a.; administration d.b.n.c.La.) thereq. .-~,.,.., '"~ V> V u c:: <\) . ::2 -;i.:- V>~ <\) .... ~ ~- -g.g< ",.- -;;;-cf. 'a)~ ~ !~,::',~ ~~L; t~)~{ ~h1[f{~ Thornwa Home 442 Walnut Bottom Road G-S Carlisle. PA 17013 , ""'-~ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA I s~ COUNTY OF CUMBERLAND J ::s 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 th e ccor 'ng to law. 01 Ii V:l ~. ::s I::l .... :;:: ~ ~ H105.805 REV 1105 This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. p 11331055 No. ~\\.~~~~ Local Registrar Fee for this certificate, $6.00 APR 1 4 2005 Date \..0 -S::\ s: o ~ Cl- ~,.C) c COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH S1 ATE FILE NUMBER TYPEJPRlNT IN PERMANENT BLACK INK 5. COUN"TY OF DEATH Y... SEX ,f'emale BIRTHPlACE (ClIy ond P E Stale or Foreign Country) HOSPITAl: Oakmont,PA '0_0 7. aa. FACILITY NAME (If not Institution. give street and number) SOCiAl SECURIlY NUMBER .. 182 40 1. AGE (last Bi1hd.y) 90 H 'RIOu_, 0 DOAO -- 0 :,:." D RACE. Americlln Indian. BkIck, WhIte. e (8podfy) White SURVIVING SPOUSE (lfwl",giYernaldenl'\MMl) ~\ . lb. Ct.mberland DECEDENT'S USUAL OCCUPATION (~~lngof~~u:.~r:r Be. MARITAl STATUS - Ma_. Never Married, WIdowed. 0;',,,,_ (Specify) 14. Married 15. Luther M. Whitcomb 616 Mooreland Ave. 1lCarlisle, Pa 17013 FATHER'S NAME (F"'~ Middle, Lost) 11. Thomas Lanbert INFORMANT'S NAME (TypeiPrlnl) 20L Luther M. WhitcClltb METHOD OF DISPOSITION Burial D Cnlmotlon ~0fI10Y1I1 from Sta" D Other (Specify) FU 17e. 0 Yea. decedent lived In twp. Carlisle dty/bofO. LOCATION. ClIyrrown. S..... ZIp Cede o ~ ~ ::; <( A~Wt) DUE TO (OR AS A CONSEQUENCE OFJ: SequenOoIy lot conditions l b. 8a"Y, IoodW1g 10 _Iole . ClO,IM. EnlAlr UNDERL YIHG CAUSE (0Iee... Of Injuty c. . that inItIeted eventl _Iting on cleo.. ) lAST d. WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMED? ^VAllABlE PRJOR TO COMPLETION OF CAUSE OFOEATH? Due TO AS A CONSEQUENCE OF); DUE TO ( ASA S'DUE ~ ;;:::) ~ ~ w o w o w o lL o W ~ Z Yoo 0 No YooD MANNER OF DEA)H Natural ~ AcOdenl D D HomIcldo Pdf1dlng Investigation Could not be determined DATE OF INJURY (Month, o.y, Vear) o D D TIME OF INJURY INJURY "T WORK? DESCRIBE HOW INJURY OCCURRED. 280. 21b. CERT\FIER (Check only one) l~~,GJ:;~~=~s:m.=:r=,.r~~h:~~~.~~~.~~.,:?~~~.~.~~).................. 29. 30.. 3Gb. M. PlACE OF INJURY. Al heme, fsnn. ...... factoly. oIIIoe bulking, $. (Specify) .... NoD Sulddo -P~=1':'G::.;:~:~~~~~~~~.=~::t~~)~d,=)""...tat.d,..................... 0 N ~1-05- 03gw o. Estate of MARY L. WHITCOMB , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW A p r i ILL, . 200 5 t~_, 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 Dee em be r 10. ] 9 9 R described therein be admitted to probate and filed of record as the last will of Mar y L. Wh i t com b and Letters T est am e n tar y are hereby granted to T 11 t- h '" r M t.Th; t C /"It" b FEES Probate, Letters, Etc. ......... $ W. OD Short Certificates~) . . . . . . . . .. $ g . -0 0 Jil. n-"" ;~iDJ1 W \lJ.-, $~ ...=5' DO ~ ~A :F: . .. ... $ /0: 00 1 I TOTAL - $ 5,~, 00 Filed.. ~ ~~~ 9.~...................... Dale 35 East High Street, Suite 203, ADDRESS Car lis 1 e, P A 1 7 0 1 3 (717) 241-4311 PHONE " LAST WILL AND TESTAMENT OF MARY L. WHITCOMB I, Mary L. Whitcomb, of the Borough of Carlisle, Cumberland County, Pennsylvania, declare this to be my last Will and Testament and revoke all Wills and Codicils previously made by me. ITEM I: I direct that my legally enforceable debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease, as a part of the cost of administration of my estate. ITEM II: I bequeath all of my tangible personal property (excluding motor vehicles, cash, securities and other tangible evidences of intangible property), including but not limited to all household goods, furniture and furnishings, china, silverware, jewelry and ornaments, works of art, pictures, wearing apparel, and personal effects, together with any policies of insurance, including any prepaid premiums thereon, unto my husband, Luther M. Whitcomb, provided he shall survive me by thirty (30) days. Should my said husband, Luther M. Whitcomb, predecease me or die on or before the thirtieth day following my death I bequeath such tangible personal property unto my children, Thomas L. Whitcomb and Mary Luise Freeman, who shall be living on the thirty-first day following my death, to be divided ~\ ~ ~ LeI ;f Ll (~T(r;'''L i- (,",C.) G""1 between them as they may agree in as nearly equal shares as possible. I direct that any costs of moving, shipping or otherwise transporting any such items bequeathed hereunder shall be paid by my Executor as a part of the cost of administration of my Estate. ITEM III: I devise and bequeath the rest, residue and remainder of my estate of every nature and wherever situate to the Trustee acting at the time of my death under the Trust created by me on December 10, 1998, of which Dauphin Deposit Bank and Trust Company, of Carlisle, Pennsylvania is Trustee IN TRUST, for the uses and purposes and subject to the terms and conditions thereof. My residuary estate shall be added to such Trust and administered and distributed as a part thereof, including any alterations or amendments thereto made pursuant to its terms or to any other lifetime trust which I may hereafter substitute therefor. Should the Trust created by me on December 10, 1998 be entirely revoked without a substitute (or other provision made in the document of revocation) or should that Trust fail to exist or be or become unenforceable for any reason, then my residuary estate shall be held and administered and distributed by my Executor as a Trustee pursuant to the terms and provisions of that Trust as it existed on December 10, 1998, without such resultant Trust being considered a Testamentary Trust. 1v Gu..;f L; h~tC!f.~/L- \ ITEM V: My Executors and/or Trustees and/or Custodians herein appointed shall have, in addition to those powers vested in them by law and any other provisions of my Will, all powers granted by me to the Trustee in the above referenced Trust (and any amendment of or substitute for such) as fully and completely as if the same were set forth herein in their entirety and the same are hereby incorporated herein by reference. ITEM V: All Federal, State and other death taxes payable because of my death with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed in connection with such tax and not caused by negligent delay, shall be considered a part of the expense of the administration of my estate and shall be paid from the non-marital portion of my estate or of the Trust created by me on December 10, 1998, and as referenced to in Item III above, without apportionment or right of reimbursement, except for the following specified death taxes, which shall be payable from the sources specified herein (and if no source is specified, from the source determined under the provisions of Chapter 37 of the Pennsylvania Probate, Estates and Fiduciaries Code, as in effect on the date of execution of this Will) : A. Any tax imposed by Chapter 13 of the Internal Revenue Code of 1986, as amended (herein "CODE'I) (generation- skipping transfer tax) shall be payable from the property 'l1,1 () (t;:. tJ cr erwJ- constituting such taxable transfer (except as may be provided otherwise in later provisions hereof or in relevant Trust instrument) ; B. Any tax resulting from the inclusion in my Estate of any qualified retirement plan benefit under CODE Section 2039(b) (whether such amounts are included in the probate estate) and any tax resulting from excess retirement accumulation under CODE Section 4980 A(d), shall be payable by the recipient(s) of any such benefits. C. Any tax resulting from the inclusion of any property in my estate under CODE Section 2044 and/or CODE Section 2056(b) (7) (certain property for which marital deduction was previously allowed), whether or not such taxes are statutorily payable by my estate or the recipient of any such property shall be payable by the recipient of or from such property. D. Any additional estate tax imposed by CODE Section 2032A (valuation of certain farms, etc., real property) shall be payable by the qualified heir or heirs whose actions result in the imposition of such additional estate tax. E. Any tax resulting from the inclusion in my estate under CODE Section 2040 of the value of any jointly owned property shall be payable by the surviving joint tenant(s) of such property. l~A~i\_'-A r 1J (L\1AYh.J~ , F. Any tax resulting from the inclusion in my estate under CODE Section 2042 of the proceeds of life insurance shall be payable by the beneficiary(s) of such life insurance. G. Any tax resulting from the inclusion in my estate under CODE Section 2041 of the value of any property subject to a Power of Appointment, shall be payable by the appointee of such property. H. Any tax payable from a Trust or other source which instrument specifically rather than generally provides therein for the payment of taxes shall be paid as provided for in the relevant instrument. ITEM VI: I appoint my husband, Luther M. Whitcomb, Executor of this my last will and Testament. Should my said husband fail to qualify or cease to act as Executor, I appoint my son, Thomas L. Whitcomb, and my daughter, Mary Luise Freeman, co-Executors of this my last Will and Testament. ITEM VII: I direct that my Executor or his successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this ) 0 ~ day of December, 1998. [SEAL] The preceding instrument, consisting of five (5) typewritten pages, each identified by the signature of the Testatrix, was on the date thereof, signed, published and declared by Mary L. Whitcomb, the Testatrix therein named, as and for her last Will, in the presence of us, who, at her request, in her presence and in the presence of each other, have subscribed our witnesses hereto. Jj viLL P. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND hq 12- J , and , the Testatrix and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her last Will and that she had signed willingly, and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Subscribed, sworn to and acknowledged before me by Mary L. Whitcomb, tRe !estatrix, and subscribed and sworn to before me~ J:P--/!JL -+~}? and 0< ~:rn 0 witnesses, this /O{l-day of December, 1998. ~)(~ { Not Public IIOT'NlALIIAL IIONtII L COVLa.IIOT'ARY PU8UC BOfIOQrl'''-'", ~COUNTV MY ~II.IION DPNI 0CT0lI&. 17 200:2