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HomeMy WebLinkAbout08-14-15 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF nt.)mhe,I-[a-n c— 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 respectfiilly request(s) the grant of Letters in the appropriate form: Decedent's Information Name: Ae ee) T N iss)2V File No: a/lda: (Assigned by Register) a/k/a: a/lda: Social Security No: Date of Death: S —J4— a O 1 5Qt's' Age at death: Decedent was domiciled at death in C urn 64-rIG-..c County, PA (state)with his/her last principal residence at 100"S 1-71)50 reet add ess,Post Of ce,ond Zip� edOw S City,Township or B gh County 1-to M Ce Decedent died at 110o f 1,A- , RL(_ 4 ba-4 Ilu3 Street address,Post Office and Zip Code City,Townshi4i or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania............................ All personal property S 7s1 be o If not domiciled in Pennsylvania. .................. ..... Personal property in Pennsylvania $ If not domiciled in Pennsylvania. ..................... .. Personal property in County $ Value of real estate in Pennsylvania..................... ...... .............................. $ e TOTAL ESTIMATED VALUE. ... $ 1-754000 Real estate in Pennsylvania situated at: 1')p ts& eshdFeJ D l.J/lp d. i (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County [R/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 & and Codicil(s) thereto dated &0141 a.010 State relevant circmnstances(e.g.rentutciation,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 VNO d;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. EXCEPTIONS ❑EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante tninoritate If Administration,c.t.a. or d.h.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 as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS ❑EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Drcedent left no Will and was survived by the following spouse(ifany)and heirs(attach additional sheets,if necessary): Name Relationship Address C-3 C rn 4 Q �` b C) Form RW-02 rev.10/11/2011 =fad 1 of 2 rn T« C=) CIS N '"t7 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address docrcso-r' 065 C k 1'i2LVrj Aam Ra me dnryn I CS b J f n A 17o '50 The Petitioner(s)above-named swear(s)or affirm(s)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 Representative(s)of the Decedent,the Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed rdisubscribedbefore ,c/) .�Lt� Date . U/$ me thi ' day ,f �Dlrj' Date By: Date or jRegister Date BOND Required:AYES MNO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $ 0 Attorney Signature: (,3 )Short Certificate(s).. . . . . ( )Renunciation(s).. . . . . . . . ` ( 1 )Codicil(s). . . . . . . . . . . . . ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: ry Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 3-- INA COAL4 • • • • • • • • 15: Firm Name: _Cf)4 p . . . . . . 15 Address: tTI r� t..,+ —r7 ry r . . . . . . . Phone: _ �: ru r— Automation Fee. r– . . . . . . . . . . . . . . S Fax: JCS Fee. ,6O Email: r N TOTAL. . . . . . . . . . . . . . . . . . . . . $ (03 DECREE OF THE REGISTER Estate of NL tAj n ' K j s( .e / File No: a/k/a: AND NOW, )� ��'� y r ,in consideration of the foregoing Petition, satisfactory proof having been&esented before me,IT IS DECREED that LettersT-Q(SM 0 n�Q tf� are hereby granted to U 17 Ct W jh (- HO n in the above estate and(if applicable)that the instrument(s)dated = Qt 1[f 1 �7n i) described in the Petition be admitted to probate and file of record as the last Will(and Codicil(s))of Decedent. Register of Wills a. CUP Form RW-02 rev. 10/11/2011 Page 2 of 2 JCC/mkl W - CWNISH Knot Vill anb C)Trotantmt OF MEN T. NISSLEY I, Helen T. Nissley, of West Manchester Township, York County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare the following as and for my Last Will and Testament, hereby revoking and making void any and all Wills and Testaments, or writings in the nature thereof by me at any time heretofore made. I. �a I direct that all expenses of my last illness, including hospi -, o r-t �� expenses, expenses for medical care, funeral expenses and the cost:,-bf-a , CD gravemarker, as well as all debts or obligations awed by me at tYie time .,D ~ten , . of my death, which in the opinion of my executors are not subject to r M either a legal or equitable defense, shall be paid from my residuary estate, unless otherwise provided herein, as soon as practicable after ... my decease, as a part of the expense of the administration of my estate. II. I give and bequeath to my husband, Samuel B. Nissley, provided he survives me for a period of thirty (30) days; all items of tangible personal property which I may own at the time of my death, including any autcmobiles, together with any insurance policies thereon. -1- III. In the event that my husband; Samuel B. Nissley, does not survive me for a period of thirty (30) days; I give and bequeath all items of tangible personal property which I may own at the time of my death; including any automobiles which I may avn, together with any insurance policies thereon in equal shares to my surviving children, to be divided among them in kind as they may agree. In the event that none of my said children survive me; said tangible personal property shall be divided among their surviving issue equally and distributed to such issue in kind per capita. IV. All of the rest, residue and remainder of my estate; real, personal and mixed, of whatever kind or character and wherever situated, which I may own or have the right to dispose of at the time of my death; I give; devise and bequeath to my husband, Samuel B. Nissley, provided he survives me for a period of thirty (30) days. V. In the event that my husband, Samuel B. Nissley, does not survive me for a period of thirty (30) days; I give and bequeath the sum of Five Thousand ($5,000.00) Dollars to each of my,grandchildren; Jennifer S. Nissley, Erika J. Clark and Emily A. Clark, provided they survive me, and I give and bequeath a like sum to any other surviving grandchildren of mine who may be born after the date of execution of this Will. VI. In the event that my husband, Samuel B. Nissley, does not survive me for a period of thirty (30) days, then I give, devise and bequeath all -2- the rest; residue and remainder of my estate, real, personal and mixed, of whatever kind or character and wherever situated; which I may own or have the right to dispose of at the time of my death in equal shares to my children; Paul R. Nissley; Kathleen M. Clark; Elizabeth A. Harrison and Susan M. Nissley; or to their respective issue; per stirpes. VII. In the event that any beneficiaries under this Will should be minors; then I direct that their share shall be held .i.n trust for them by their respective parent or parents; during their minority. The said principal; together with any accumulated inccme is to be paid to said beneficiaries at such time as they respectively attain their majority. Said Trustee shall have the right; however; to use so much of the income and principal as may be necessary for the support; maintenance and education of said beneficiaries during their minority. VIII. My personal representatives and :the Trustees of any trust created hereunder shall have the following powers and authority in addition to; and not in limitation of; any other rights and ,paaers granted by law: A. To retain any property transferred; devised or bequeathed to them by me, or any undivided interest therein; regardless of the character of said property; or whether it is such as may be authorized by law as a legal investment by a fiduciary. B. To invest and reinvest the estate or trust property in any property or undivided interest therein; wherever located; including but not limited to, bonds; notes secured or unse- cured; stocks of corporations; real estate or any interest therein, interests in trusts; including commn trust funds; and investments or obligations issued by the Trustee; without being limited by any statute or rule of law concerning investments; -3- C. To sell any estate or trust property; for cash or on credit, at public or private sale; to exchange any of said property for other property; to grant options to purchase or acquire any estate or trust property; and to determine the prices and terms of sales; exchanges and options; D. To execute leases and sub-leases for terms extending beyond the termination of any Trust established herein; to subdivide or improve real estate and tear down or alter improvements; to grant easements, give consents and make contracts relating to real estate or its use; and to release or dedicate any interest in real estate. E. To borrow money and to mortgage or pledge any estate or trust property in connection with the administration of the Trusts created hereunder; to execute promissory notes or other obliga- tions for amounts so borrowed; and to secure the payment of any amounts so borrowed by mortgage or pledge of any real or per- sonal property; F. To make loans in such amounts; upon such terms and at such rates of interest; and to such persons, firms; or corporations, as deemed advisable; G. To take any action with respect to conserving or realizing upon the value of any estate or trust property; and with respect to foreclosures; reorganizations or other changes affecting the estate or trust property; to collect; pay, consent; oxnpromise or abandon demands of or against the estate or trust property; wherever situated; and to execute contracts, notes; conveyances and other instruments; including instruments containing cove- nants and warranties binding upon and creating a charge against the estate or trust property, and containing provisions excluding personal liability; H. To keep any property in the name of a nominee- with or without disclosure of any fiduciary relationship; I. To employ agents, attorneys; auditors; depositaries and proxies; with or without discretionary powers; J. To give proxies, to deposit securities with and transfer title to c irnittees representing security holders and to participate in voting trusts; reorganizations; and other transactions involving the common interest of security holders; K. To exercise any option to subscribe for or purchase any stocks; bonds; certificates; or other securities which may be given to it as the holder of other stocks; bonds, certificates; or other securities constituting a part of the estate or trust property,- -4- L. To purchase stocks, bonds or other property, real or personal, fron the executor or legal representative of my spouse's estate, or any trust established by my spouse, even though such executor or legal representative is also a fiduciary hereunder; M. To join with my spouse or his personal representative in the filing of any income or gift tax return for any period prior to my death and without requiring indemnification from my spouse or his personal representative for any liability which may arise fron joining in such return. N. To elect to take administration expenses on either the estate's federal income tax return or the estate's federal estate tax return in such manner as to provide the greatest overall tax savings. My executors are authorized but not required to adjust the interest of any beneficiary detrimentally affected by such election in order to compensate said beneficiary for loss due to the making of such election. O. To exercise any election provided in the Internal Revenue Code or under Pennsylvania Inheritance or Estate Tax Laws with respect to the valuation of property for purpose of such taxes; and the time and manner of payment of tax; and no adjustment in any beneficiary's interest in my estate shall be made by reason of making such election. P. To deduct, retain; expend and pay out of any money belonging to the estate or any trust established herein any and all necessary and proper expenses in connection with the operation and conduct of the same; and to pay all taxes; insurance pre- miums on any policy constituting part of the trust property; and any other legal assessments; debts; claims or charges which at any time may be due and owing by; or which may exist against my estate or any trust established herein; provided, however; that any survivorship payments or other benefits payable to or received by any fiduciary hereunder under any exempt qualified employee trust, qualifying retirement annuity plan; or similar exempt benefits; shall be segregated; and said fiduciaries are expressly prohibited from using any part of said survivorship payments, benefits or similar sums received by it for the pur- pose of payment of any taxes; debts; or other obligations or charges enforceable against my estate. Q. To charge commissions or compensation for its services hereunder, which commissions or compensation may be charged against or payable from both principal and income received on an annual basis at such rates as may be provided in its published fee schedule in effect at the time said services are performed. R. To make any distribution or division of estate or trust property in cash or in kind, or both. -5- IX. In the event that my husband; Samuel B. Nissley, and I should die under circumstances which render the time or order of our deaths uncertain, it shall be conclusively presumed that I shall have survived my said husband. X. I direct that all state and federal estate, succession, legacy; inheritance or other transfer taxes; however designated; together with any interest thereon; that shall become payable by reason of my death with respect to any property which is included in my estate for purposes of computing such taxes; shall be paid from my residuary estate; as an expense of administration and without apportionment. My Executors shall have no duty or obligation to obtain reimbursement for any such tax paid by them even though on proceeds of insurance or other property not passing under this Will; provided, however, that any survivorship payments or other benefits payable to or received by my executors under any exempt qualified employee trust, qualifying retirement annuity plan, or similar exempt benefits, shall be segregated by my executors and they are expressly prohibited from using any part of said survivorship payments; benefits or similar sums received by them for the purpose of payment of any taxes, debts or other obligations or charges enforceable against my estate. XI. I appoint my husband; Samuel B. Nissley; Executor of this my Last Will and Testament. In the event he cannot or does not desire to act as -6- such Executor, then I appoint my son, Paul R. Nissley, Executor in his place and stead. Both shall serve without bond. Any fiduciary who is an individual shall be entitled to receive reasonable compensation for his services hereunder and shall be reimbursed for all expenses incurred in connection with the administration of my estate or any trusts established herein. Compensation for any corporate fiduciary for its services hereunder shall be in accordance with its published fee schedule in effect at the time said services are performed. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Will this 1�7r day of � �,y , 19IF4 (SEAL) Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who; at her request, in her presence and in the presence of each other, all being present at the same time, have hereunto subscribed our names as witnesses. OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS LnO�P �VjOd COUNTY, PENNSYLVANIA Estate of / J 1 SSl'ey , Deceased and U/ d)►' Sq 1,1 , (each)being duly qualified according to law, depose(s) and say(s)that she/he/10 was/0 well- acquainted with /-�e,�� n N! sS/ and a re familiar with the handwriting and signature of the decedent, and that the signature of /�`r�.��/�>i to the foregoing instrument purporting to bet Last Will and Testament�ICodicil of 1- e-ZeAn is in hi e own proper handwriting. (Signature) ignature) 0 i00 S d �26D X141 4" 5 CLQ k �Y (Street Address) (Street Address) L MoClA ct'li e S&/rg rA 170 5 0 /Ve C// cr 1 i r'�- �✓/ �7D S�1 (City,State,Zip) (City,State,Zip) Executed in Register's Office Sworn to or affirme id�and subscribed before me this E 1 day of Aa16c� rn C> c�. 70 -0 c, �-I . rn r.n Deputy for Register of Wills . Form RW-04 rev. 10.13.06 p Cn C> tV .. CODICIL TO LAST WILL OF � a HELEN T. NISSLEY ? o n? c� Cn _-;U . :f1, �-� o rn �`' -Z Co I, Helen T.Nissley, of Cumberland County, Pennsylvania, declare this to be a f Codicil to my Last Will dated March 16, 1984. :a ITEM I. I hereby delete Paragraph XI in its entirety and replace it with the following: "I hereby nominate, constitute and appoint my daughter, Elizabeth A. Harrison, to the be Executrix of this, my Last Will, but if she does not survive me or is unable or unwilling to serve or to continue to serve as Executrix,then I nominate, constitute and appoint my daughter, Susan Marie Nissley,to be the Executrix of this, my Last Will, and my Executrix shall not be required to furnish bond in the performance of her duties. Any fiduciary under my Will shall be entitled to receive reasonable compensation for her or his services hereunder and shall be reimbursed for all expenses incurred ire connection;with the administration of my estate or any trusts established herein." ITEM 11. 1 hereby ratify, confirm and republish my Last Will dated March 16, 1984, as modified by.this Codicil, as and for my Last Will. 1 Ala IN WITNESS WHEREOF, I have hereunto set my hand this day of 2010. ✓ (SEAL) _---Helen T. Nissley Signed, sealed,published and declared on the date thereof by the ab&--e/--named Helen T. Nissley, as and for the Codicil to her Last Will dated March 16, 1984, in the presence of us,who at her request, in her presence and in the presence of each other,have subscribed our names as witnesses hereto. Witness Witness We, Helen T.Nissley, -rHOMFS t"�,5HOR15 , and S7'ri�-ey �,7 ru•-�/� , the Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Codicil and that she 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 Codicil as witness and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Helen T.Nissley Witness ' Witnes 2 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK Subscribed, sworn to and acknowledged before me by Helen T. Nissley, the Testatrix, and subscribed and sworn to before me by :'C hLomw M. 9HDR$ and <Sc�, dt• u ,witnessed, this day of �u/1 2__ ,2010. tart'Pub is My Commission Expires: COMMONV✓EALTH OF PEIWSYLVAMA NOTARLALSEAL­�' ~ Cindy E.Robinson,:Notary Public Lemoyne Borough,Cumberland County My commission expires June 24,2012 3