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Home My WebLink About05-03-05 Estate of Henry L. Stuart also known as PETITION FOR PROBATE and GRANT OF LETTERS No. 2/ - 05 - OLl I ( To: Register of Wills for the , Deceased. County of Cum be r 1 and in the Social Security No. 1 c; 3 1 II B e 3 c; 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 execut 0 r s in the last will of the above decedent, dated September 10th and codicil(s) dated A p r; 1 4. 2 0 0 5 named 19 99 ,- (state relevant circnmstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in Cum b e r 1 and County, Pennsylvania, with his last family or principal residence at 1 5 0 2 H 0 11 v P i k e, Car 1 i s 1 e, P A (list street, number and muncipality) Decendent, then 8 9 years of age died A p r ill 6, 2 0 0 5 xl9 m Manor Care Health Services 940 Walnut Bottom ~a. carrlsle, PA 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: 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: 2/3 interest in 3 S. Hanover St. Carlisle, PA 17013 $ 7 , 2 5 0 , 00 0 . 0 0 $ $ $ 137 , 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 am e n tar y theron. (testamentary: administration c.I.a.: administration d.b.n.c.t.a.) -;;;- ..,. " " " -o~ "- ~ ~~ ,,~ oo:g -00 c'';:: os'''' 3~ ,,- 30 OJ " on iZi Karen E. Faircloth St(<V?.t"1 ~;\Yu<~ci?dlt M~acturers & Traders {dl/~/~ ..... Trust Company OATH OF" PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSnVANrA } ss COUN1'Y OF Cumberland . L::; 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. sworn, to or affirmed and. subscribed { ~ a r ~ n E. Fa i r c lot h before me this . '2~ day of "~:!"il:lJj'<)~> ~ ~U2C dL \. ~~rl ^" :~~~Q./l ~----c:: "Manufactuers & Traders TR. ~"-r~y ~~~~er p/#/I all rn 00' cB:>. ... l:: ... '" :s: No.a.\-{')~-()411 Estate of Henry L. Stuart , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW mCl LA 3 :9~, in consideration 0:" 'i,e pecition on the reverse side hereof, sa~sfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated September 10.1999 described therein be admitted to probate and filed of record as the last will of Hen r y L. S t Il fl r t and Letters Testamentary areherebygrantedto Karen E. Faircloth & Manufacturf'r" & 'l'r,,,'"h'r,, 'T'r"st Company ~-+~-L,. 5.00 Cc.d. . c.: I \ "t:'EES \ 5 O() Probate, Letters, Etc. ......... sgg,oO. ()[) Short Certificates( ).......... s \o()C), CO J"-11 ..~:_l:".l v.:,...\\. . . . . . . . . . .. S \ ~ .CO .',(1 p S 10.00 TOTAL _ S 4505 00 Filed ..5.-. 3. -:..;l/?~? . . . . . . . . . . . . . . . . . . J4Umo.~r"A\ ~o,,~ Register of Wi~i ATIORNEY (Sup. Ct. 1.0. No.) ADDRESS PHONE REGISTER OF WILLS OF Ci/Jt.fll)'~f.-1IJl) COUNTY OATH OF SUBSCRIBING WITNESS d 1- 05 - ()-{ II S,CI'Hf,;tJ O. S}f,fr1H t1/./tJ SW.t/11i 1",(. SIJ1/Tf/ codicil (each) a subscribing witness to the'- presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that "110; 7 wfAE present and saw tl61J1<.'f 1-., STLlAtfJF the testat u .e , sign the same and that request of testat uR in h tJ other subscribing witness(es)), Sworn to or affumed and subscribed before . -;;;rc\ me thIS. day of '('rh~ .;!Cil5 "'_ ~-<-' '- ):i~('('\ci 0. An. Df-.. '- "1s\l\~ '" \~+ '-..C'l~ A. , c::u., ~ ~.DJ rl:Al P , . -,-- '- T---J,egrster (Name) /Y'r1 'c)TYUA--+/"' (Address) (Name) (Address) REGISTER OF WILLS OF Cumberland COUNTY OATH OF NON-SUBSCRIBING WITNESS ,;2/ 05- OLJ II Stephen O. Smith and Sylvia M. Smith (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that are familiar with the signature of Henry L. Stuart codicil will of (one of the subscribing witnesses to) the presented herewith and codicil believes the signature on the will is in the handwriting of testat 0 r that they Henry L. stuart to the best of the i r knowledge and belief. " Sworn to or affiqpM and subscribed before me this J' day of ~~0~ 4(\M\ Q~~~J~~ y:Lu ~ ~ Cun~4 Register -.:;-----Z) ~ JJ$ m-, (A 'dress) - ~ /~t2d 12 I l-Ji,\~,:~(I~ ;~J.\ rl~ 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. No. ~~~~~~~ Fee for this certificate, $6.00 p 11331132 APR 1 8 2005 Date c 21-05-()LjIf Hl05.143 Rev.2J87 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH ST....T1O FILE NUMBER TYPEn'RlNT IN PERMANENT BLACK INK ,. AGE (Lsst Blrthdsy) SOCIAL SeCURITY NUMBER ,153 - 14 5. 89 COUNTY OF DEATH y~. :"~lD RACE. Amerlcanlndlan, Black, White, e (Specify) 10, Whi te SURVIVING SPOUSE (Ifwtfo,g;",ml""'_) ~I ...CunDerland DECEDENT'S USUAL OCCUPATION {~~lngollll~~~uri=1 . 11. Attorney fEw Office DECEDENT'S MAILING ADDRESS (Street, CltyfTown, State, Zip CQde) DECEDENT'S ACTUAL RESIDENCe (Seelnslructlons QI'lotllerslde) twp. . .._c Carlisle d'_ 17 324 o w o " ~ o < \r~ c.Q...(,{ ... :Approxlmate . !nterval between : onMI and death PART It: cc~ DUE TO (OR J.S .... CONSEOUENCE OF): Sequtmtialylistcondlllc:ml b. il"lIny,leacIlng to immediate { DUE TO(ORJ.SACONSEOUENCEOF) . CIIUM. Enter UNDERLYING . . ~U~:a~'::: Injury C. DUE TO ( SEQUENCE OF) resulllogondeath)LAST d. WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMED7 AVAILABLE PRIOR TO COMPLETION OF CAUSE OF DEATH? MANNER OF DEA Natural Homicide D Acddsnt D Pending Investlgatiol1 D Stliclde D Could not bedelermlned D DATE OF INJURY (MoMh,D"Y,V..,) TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED 21L 21b. CeRTIFIER (Chadt only one) l~~~:fJ~\~~Jr::.sr.:rh~:ii.rdU::tc::g,e::~:r~3',g~~~h:"~~~~.~~.~~.~~~.~.~~:~.~.~~.~.~~~.. ... 30L 30b. M. PlACE OF INJURY. At home, farm, Itreat, factory, ol'ftCII bullcllng. Ilc. (speclly) .... ... NoD >- Z W o w " w o ~ o ~ 'PRONOUNCING AND CERTlFYlNG PHYSICIAN (Physician both pronoundng death and certlfylng 10 cause of death) To the but of my knowledge, death QC:currad .t the time, dilte, end placl, and due to the CIIU'''(') and manner as Ihlted.. 'MEDICAl EXAMIHERfCORONER ~~::b:~::':~~~~~I~,andlor l"v..lIgatlon, In my opinion, death occurred.. the time, dati, and plael, and dUI to the caUI"(I) end 0 31.. REGISTRAR'S SIGNATlJRE AND NUMBER ''''v v }.,... '~:) ~\-05-0411 LAST WILL AND TEsrAMENT I, HENRY L. STUART, of Carlisle, Cumberland County, Pennsylvania, tJeing of sound mind, mem:>ry and understanding, do make, publish and declare this , .,; as and for my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made. FIRST. I direct all my just debts and funeral expenses, including all inheritance, estate and succession taxes, be fully paid and satisfied out of my estate by my personal representative hereinafter named as soon as .)~ conveniently may be done after my decease. "v SEX::OOD. I give and bequeath my autoroobiles, household effects and all oth~ articles of a personal nature, etc., together with the insurance .;;:--." policies relating thereto, to my two nieces, Barbara E. Falconer and Victoria ~~ "~' \ '''-..) ,-' J. Macauley or the survivor, to be distributed by them or her to such of 'j~ " my relatives including themselves or others, as deemed fit and appropriate. THIRD. I give and devise my interest in the real estate at 1-3 South Hanover Street, Carlisle, Pennsylvania, with the improvements, all related items, accounts, equipnent and insurance thereon to my said two nieces in equal shares or their issue, per stirpes. FOURTH. I give and bequeath the stun of Seventy Thousand ($70,000.00) Dollars to the Keystone Financial Bank, of Carlisle, Pennsylvania, in trust, to pay the incane therefran to Karen E. Faircloth, of Gardners, Pennsylvania for and during the term of her natural life and at her death to pay the corpus of the trust and any undistributed net incane to my grandnieces, grandnephews and the two daughters of the said Karen E. Faircloth in equal shares or their issue, per stirpes, and if any of these predecease Karen E. Faircloth without issue, then that share shall be payable to the others in equal shares or their issue, per stirpes. ~\ \ ;; ~ v ,--:5 . \ .~ " \ '. > FIFTH. All the rest, residue and remainder of my estate, I give, devise and bequeath to the Keystone Financial Bank, of Carlisle, Pennsylvania, in trust, to pay one-half of the incane therefran to my niece, Barbara E. Falconer, for and during the term of her natural life and at her death to pay one-half (1/2) of the corpus of the trust to the children of the said Barbara E. Falconer in equal shares or their issue, per stirpes; and, to pay one-half (1/2) of the incane therefran to my niece, Victoria J. Macauley, for and during the term of her natural life and at her death to pay one-half (1/2) of the corpus of the trust to the children of the said Victoria J. Macauley in equal shares or their issue, per stirpes, except that any share or shares that would be payable to Kirk G. Armstrong or his issue shall be held by the said Keystone Financial Bank, in trust, to pay , ~ incane and only the income to the said Kirk G. Armstrong for and during the , '" -" term of his natural life and at his death or, if he predeceases the said Victoria J. Macauley, that said share or shares shall be payable to the other children of the said Victoria J. Macauley in equal shares or their issue, per stirpes. The above "pay the incane and only the incane" provision shall be strictly construed and no one or party shall have the right to exercise any power or judgment to the contrary or deviate therefran. SIXTH. The term "issue" herein shall mean lawful lineal blood descendants and shall not include an adopted child and such adopted child I s lawful lineal descendants by blood or adoption; nor shall it include a child placed for adoption and such child placed for adoption I s lawful lineal descendants by blood or adoption. LASTLY, I naninate, constitute and a~int Karen E. Faircloth, Executrix, of this my last will and testament and, if she decides that there should j' ~ \ry .... ~ " .) " ''.,:y ......,~ ""', bean additional Executor, then I naninate, constitute and a~int Karen E. Faircloth and the additional Executor she chooses, Executors of this my laSt- will and testament, who shall not be required to file bond in this or any - bther juriSdiction. ~ '.. IN WITNESS WHEREX)F, I have hereunto set my hand and seal this /(7 -day N of" . 4;[l1<i/(.VI../, 1999. .'\ /Lu.-y ."-.;< /ic<.Lrt'LL:: (SFAL) I v,/ . Signed, sealed, published and declared by the above named Testator, Henry L. Stuart, as and for his will and testament, in the presence of us, who,. at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto. ,;., i - (\ ~) --Ci-i i I CODICIL I, HENRY L. STUART, of Carlisle, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this to be a codicil to my last will and testament dated September 10, 1999. FIRST. I give and bequeath the sum of Forty-three thousand ($43,000.00) dollars to my niece, Victoria J. Macauley. In all other respects I he~y ratify, confirm and republish my Last Will and Testament with this codicil as and for my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal this qtA day of tlp;0.J , 2005. Signed and sealed by the / 6~><'~<<a~) above named Henry L. Stuart, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto. 2/- 05-o4/J April 29, 2005 Glenda Famer-Strasbaugh Register of Wills Cumberland County Court House Public Square Carlisle, Pennsylvania 17013 RE: Estate of Henry L. Stuart Dear Ms. Famer-Strasbaugh Under the terms of the Last Will and Testament of Henry L. Stuart, I am appointed Executrix. Mr. Stuart further provides that should I desire to have an additional executor serve with me, I have the authority to select said additional executor. Please accept this letter as my desire to have Manufacturers and Traders Trust Company serve in the capacity as Co-Executor with me. Therefore, I nominate constitute and appoint Manufacturers and Traders Trust Company as Co-Executor. Should you have any questions, please do not hesitate to call me. Thank you. Very truly yours, ~~ I.' ~~ Karen E. Faircloth, Executrix 3 South Hanover Street Carlisle, Pennsylvania 17013 717-243-3737 \jJ