HomeMy WebLinkAbout07-01-15 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 requests the grant of Letters in the appropriate form:
Kathryn I. Davis
Decedent's Information
Name: Edith M Hilbish File No: 21 -15 ' ,M
a/k/a: (Assigned by Register)
a/k/a:
a/k/a: Social Security No:
Date of Death: 10/07/2014 Age at Death: 87
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 412 North 2nd Street,Wormleysburg 17043 Wormleysburg Cumberland
Street address,Post Office and Zip Code City,Township or Borough County
Decedent died at ManorCare Health Services Camp Hill Cumberland PA
Street address,Post Office and Zip Code City,Township or Borough County State
Estimate of value of decedent's property at death: .r
If domiciled in Pennsylvania........................ All personal property $ 100.00`
If not domiciled in Pennsylvania................. Personal property in Pennsylvania $
If not domiciled in Pennsylvania................. Personal property in County $
Value of real estate in Pennsylvania........... $ 99,000.00
TOTAL ESTIMATED VALUE $ 99,100.00
Real estate in Pennsylvania situated at 412 North 2nd Street,Wormleysburg 17043 Wormleysburg Cumberland
(Attach additional sheets,if necessary.)
Street address,Post Office and Zip Code City,Township or Borough County
❑X A. Petition for Probate and Grant of Letters Testamentary
Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 01/24/2011 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 marry,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 born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
Q NO EXCEPTIONS[] EXCEPTIONS
❑B. Petition for Grant of Letters of Administration (If applicable)
c..a.;d.b.n.;d.b.n.c..a.;pe en e lite;durante absentia,-durante minon a e
If Administration,c.ta 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 pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
F1 NO EXCEPTIONS F1 EXCEPTIONS
Petitioner(s),after a proper search has/have ascertained that Deoederd left no Will and was survived by the following spouse(if any)and heirs(attach
additional sheets,if necessary): ru
CD,
Name Relationship Address
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Form RW-02 rev.10-11-2o11 Copyright(c)2011 form software only The Lackner Group,Inc. Page 1 of 2
Oath of Personal Representative Official Use Only
COMMONWEALTH OF PENNSYLVANIA }
COUNTY OF Cumberland } SS:}
Petitioner(s)Printed Name Petitioner(s)Printed Address
Kathryn I.Davis 746 Lewisberry Road
Lewisberry,PA 17339
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The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the i" sof the know/ dge fid,-
belief of Petitioner(s)and that,as Personal Representative(s)of the Dece nt,Petitioner(s)will well and truly administer he estate acing e la
Shorn to r affirmed and subscribed before Date L
me thi day of �Q� r Date CD
By: Date
For the Register Date
BOND Required? 11 Yes No To the Register of Wills:
FEES Please enter my appearance by my signature below:
Letters............................................ $ Attorney Signature:
( � )Short Certificate(s).......... - n-
( )Renunciation(s)............... het �tvt '�
( >Codicil(s).........................
( )Affidavit(s)....................... Printed Name: Debra K Wallet
Bond.............................................. Supreme Court
Commission................................... ID Number: 23989
Other
U1 Al Firm Name: Law Offices of Debra K.Wallet
Address: 24 North 32nd Street
�S
Camp Hill,PA 17011
Phone: 717/737-1300
Automation Fee............................. 15 Fax: 717/761-5319
JCS Fee......................................... •50
TOTAL........................................... $ ?)06,cS E-mail: walletdeb@aol.com
DECREE OF THE REGISTER
Date of Death: 10/07/2014
Social Security No:
Estate of Edith M Hilbish File No: 21 -15 -1(.(
a/k/a:
AND NOW, yi J lu I ` Tj in consideration of the foregoing Petition,
satisfactory proof having been prbsented before me,IT IS DECREED that Letters Testamentary
are hereby granted to Kathryn I.Davis
in the above estate and(if applicable)that the instrument(s)dated 01/24/2011
described in the Petition be admitted to probate and filed of record as the last Will(and odicil(s))of Decedent.
gis er of Wills
Copyright(c)2011 form software only The kne uflnc. _/l, - Page 2 of 2
LAST WILL AND TESTAMENT
OF
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EDITH M. ]H[ ]I L B I S ]HI
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I, EDITH M. HILBISH, of Lewisberry, York County, Pennsylvania, bei g of soild n k=
and disposing mind, memory, and understanding, do hereby make,:publish, aid declare tws too a
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be my Last Will and Testament and hereby revoke all other Wills and Codicils that I have
made, including the Will dated August 27, 1998.
FIRST: I give and bequeath one cemetery plot located in Rolling Green
Cemetery, Camp Hill, Pennsylvania, to my granddaughter, JOHANNA LINN DAVIS, of
Lewisberry, Pennsylvania, so long as she shall survive me by thirty (30) days.
SECOND: I give, devise, and bequeath all the rest, residue, and remainder of my
Estate, of whatever nature and wherever situate, to the following individuals who shall survive
me by thirty (30) days:
A. Twenty-five (25%) percent, in equal shares, to my granddaughter,
JOHANNA LINN DAVIS, and to my grandson, DUSTIN TAYLOR DREWYER, of
Leesburg, Virginia, or to whichever one of them shall survive me by thirty (30) days;
-- B. Thirty-nine (39%) percent to my daughter, KATHRYN I. DAVIS, of
Lewisberry, Pennsylvania;
C. Thirty-six (36%) percent to my daughter, PAULA J. DREWYER, of
Leesburg, Virginia.
Should either of the individuals named in subparagraphs B and C fail to survive me by
thirty (30) days, but be represented by children then living, these children shall take,per
stupes, the share to which my beneficiary would have been entitled if then living
THIRD: If any portion of my Estate shall be payable to a beneficiary who is less
than eighteen (18) years of age, my Executor may pay such share to the beneficiary's parent or
guardian, as custodian for said minor, who shall deposit such share in the minor's name in a
Uniform Transfer to Minors' Act account in a savings institution of the Executor's choosing,
payable to the minor in accordance with that Act.
FOURTH: All interests of any beneficiary in the income or principal of this Estate,
while undistributed and in the possession of my Executrix, even though vested and
distributable, shall not be subject to attachment, execution or sequestration for any debt,
contract, obligation or liability of any beneficiary and, furthermore; shall not be subject to
pledge, assignment, conveyance, or anticipation.
FIFTH: All inheritance, estate, and succession taxes (including interest and any
penalties thereon) payable by reason of my death shall be paid out'of and be charged generally
against the principal of my residuary estate, without apportionment or right of reimbursement
from any person. In the event that a substantial portion, as determined in the sole and absolute
judgment and discretion of my Executrix, of the non-probate assets'.'such as an annuity or
mutual funds are directed to be paid to a beneficiary or beneficiaries, so that the taxes referred
to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of
this will (whether or not the same as the beneficiary or beneficiaries under the non-probate
assets), my Executrix, in the Executrix's sole and absolute judgment and discretion, shall have
the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of
the non-probate assets.
SIXTH: In addition to all rights and powers conferred by law, I authorize and
empower my Executrix and her successors, in her absolute discretion and without necessity of
obtaining court approval:
A. To buy investments at a premium or discount.
B. To hold property unregistered or in the name of a nominee.
C. To give proxies, both ministerial and discretionary.
D. To compromise claims.
E. To join any merger, consolidation, reorganization, voting trust plan, or
any other concerted action of security holders and to delegate discretionary duties with respect
thereto.
F. To lend to, and buy from, my estate.
G. To borrow and to pledge real and personal property as security therefor.
H. To sell at public or private sale for cash or credit or partly for each, to
exchange, or to lease for any period of time, any real or personal property, and to give options
for sales, exchanges, or leases.
I. To exercise any option permitted by law which she believes to be
advantageous from the viewpoint of overall tax reductions, including, without limitation of the
foregoing, power and authority to claim administration or other expenses either as income tax
deductions or inheritance or estate tax deductions,without regard to whether they were paid
from principal or income and without requiring adjustments between principal and income for
any resulting effect on income or estate,,taxes, and a deduction of such expenses for income tax
purposes shall be given effect in computing the respective shares of all persons interested in
my estate set forth herein, even though the effect is to increase the share of one beneficiary or
class of beneficiaries hereunder at the expense of another; and to make such adjustments, if
any, between beneficiaries with respect thereto as she shall deem appropriate in view of the
nature of the transaction and the amounts involved.
J. To distribute in cash or in kind or partly in each.
K. To employ agents, legal counsel, brokers, and assistants, and to pay their
fees and expenses as she may deem necessary or advisable to carry out the provisions of this
Will or any Trust.
The powers granted hereunder shall be exercisable with respect to all real and personal
property, including, but not limited to, income and principal held for minors or disabled
beneficiaries at any time, until the actual distribution of all property. All powers, authorities
and discretion granted here shall be in addition to those granted by law and shall be exercisable
without leave of court. However, nothing herein shall be interpreted or construed to
encourage, authorize, empower, or permit the Executrix to act or cause anyone to act in a
manner contrary to or inconsistent with accepted standards of portfolio diversification and risk
management.
SEVENTH: I nominate, constitute, and appoint my daughter, KATHRYN 1. DAVIS,
as Executrix of this m Last Will and Testament. In the event of the renunciation death,
,
resignation, or inability of my daughter to act for whatever reason in this capacity, then I
nominate, constitute, and appoint my other daughter, PAULA J. DREWYER, as Executrix of
this, my Last Will and Testament.
I direct that no representative named above shall be required to post security for the
faithful performance of her duties in any jurisdiction insofar as I am able by law to relieve her
of:such obligation. Any of my representatives shall be entitled to reasonable compensation for
the performance of the duties set forth here.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
2011, on this, the fifth of five typewritten pages. I have also signed the
left-hand margin of the first four of these pages for purposes of identification only.
EDITH M'. HILBIS14
SIGNED, PUBLISHED, and DECLARED by the Testatrix, EDITH M. HILBISH, as
her Last Will and Testament, in the presence of us, who at her request, in her presence, and in
the presence of each other, have hereunto subscribed our names as witnesses.
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WOO '5t.
MlJ.DLEEi7�I.UN. ,p� I'Y�S�
ACKNOWLEDGMENT
Commonwealth of Pennsylvania
County of Cumberland
I, EDITH M. HILBISH, Testatrix, whose name is signed to the attached instrument,
having been duly qualified according to law, do hereby acknowledge that I signed and executed
the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as
my free and voluntary act for the purposes therein expressed.
tDITIf M. 14, 1LBISH
t
Sworn or affirmed to and subscribed before me by EDITH M. HILBISH, the Testatrix,
this day of 2011.
-M Z59
Notary Pub#c
COMMONWEALTH OF PENNSYLVANIA
Nbta�al Seal
Mary M.Loper,Notary Public
Camp Hill Boro,Cumberland County
My commission Expires OcL 27,2011
Member,Pennsylvania Association of Notaries
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AFFIDAVIT
Commonwealth of Pennsylvania
County of Cumberland
We, Debra K. Wallet and UruL ) oori- ' the witnesses whose names
are signed to the attached instrument, being duly qualified according to law, depose and say
that we were present and saw the Testatrix, EDITH M. HILBISH, sign and execute the
instrument as her Last Will and Testament; that she executed it as her free and voluntary act
for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix
signed the Will as witnesses; and that, to the best of our knowledge, the Testatrix was at that
time 18 years of age or older, of sound mind, and under no constraint or undue influence.
Sworn or affirmed to and subscribed before me by 'Z,br a: ::::, Wn)(L. and
LDLAr'tk_, (Ybo '1L , witnesses, this oqL � day of_ , 2011.
Notary Publi
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M.Loper,Notary Public
Camp Hill Boro,cumbedand County
My Commission Expires Oct.27.2011
Member,Pennsylvania Association of Notaries