HomeMy WebLinkAbout05-11-05
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of Gertrude B. Lickel
late of the Borough of Carlisle,
Cumberland County, Pennsylvania, Deteased.
Social Security No. 165-26-5218
No. 21-05- 0 Lj 30
To:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner, who is 18 years of age or older and the executrix named in the last will of the above
decedent, dated November 15, 2000.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal
residence at 542 Summit Drive, Carlisle, Pennsylvania 17013.
Decedent, then 85 years of age, died May 6, 2005, at Carlisle, Pennsylvania.
Ddecedent 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 an incapacitated person.
Decedent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(Ifnot domiciled in Pa.) Personal property in PA
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows: 542 Summit Drive, Carlisle, P A 17013
$175000.00
$
$
$144000.00
WHEREFORE, petitioner respectfully requests the probate of the last will presented herewith and the grant
of letters testamentary thereon.
~''tre.w~?~
Trud~~e auffinan Cl:l
1451 Friedensburg Road
Reading, P A 19606
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF CUMBERLAND )
The petitioner above-named swears or affirms that the statements in the foregoing petition are true and
correct to the best of the knowledge and belief of petitioner and that as personal representative of the above decedent
petitioner will well and truly administer the estate according to law.
T2SsZ1u~ 1l~
No. 21-05-
Estate of Gertrude B. Lickel, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ,2005, in consideration of the petition on the
reverse side hereof, satisfacto roof having been presented before me,
IT IS DECREED that the instrument dated November 15,2000, described therein be admitted to probate and filed of
record as the last will of Gertrude B. Lickel; and Letters Testamentary are hereby granted to Trudy Louise
Kauffinan.
Ji
~ES
\500
Probate, Letters, Etc. . . .$ 300 ,('1)
R... - . ti6l1.i ~p. ." $ JQ....QO
~.iu~'''"' $ S OD
TOTAL _ $ 401.''',
Wayne F. Shade, Esquire 15712
ATTORNEY (Sup. Ct. 1.0. No.)
53 West Pomfret Street
Carlisle, Pennsylvania 17013
ADDRESS
717-243-0220
PHONE
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Short Certificate( s) . . . . $ I ~ . u::::,
Filed. .$: .19.'.Q? .
This is 10 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 tiling.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
11331545
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Local Registrar
Fee for this certificate. $6.00
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MAY 1 0 2005
Date
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NAME AND ,o.OORESS OF PERSON WHO CQMptETE:O CAUSE OF OEA:TH
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REGISTP.AR.SS~NATUREANONUIolBER
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WAYNEF. SHADE
Attorney at Law
53 West Pomftet Street
Carl\sle, Pennsylvania
17013
.'
LAST WILL AND TESTAMENT
I, GERTRUDE B. LICKEL, of the Borough of Carlisle, County of Cumberland,
Commonwealth of Pennsylvania, being of sound and disposing mind, memory and
understanding, do make, publish and declare this as and for my Last Will and Testament,
hereby revoking and making void all former wills and codicils by me at anytime
heretofore made.
FIRST. I order and direct that all my just debts and funeral expenses be paid by
my personal representative or representatives, hereinafter named, as soon as conveniently
may be done after my decease. I further authorize my personal representative to expend
funds from my Estate in such amounts as my personal representative shall consider
appropriate, for the disposition and memorial of my remains.
SECOND. All the rest, residue and remainder of my Estate, real, personal and
mixed, whatsoever and wheresoever situate, I give, devise and bequeath unto my
daughter, TRUDY LOUISE KAUFFMAN, if she survives me. If she should fail to
survive me, I give, devise and bequeath the said residue of my Estate unto such of her
issue who shall survive me, in equal shares, by representation and not per capita.
THIRD. For the purposes of this my Last Will and Testament, a person shall not
be deemed to have survived me unless he or she shall have survived me by more than
ninety (90) days.
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FOURTH. If both my said daughter and all of her issue should fail to survive me,
I give, devise and bequeath the said residue of my Estate, in equal shares, unto the
brothers and sisters of my late husband, Chester A. Lickel, ALICE A. HAAG, GENE B.
LICKEL and FRANCES J. CLARR. If any of the said siblings of my late husband
should fail to survive me, I give, devise and bequeath his or share unto such of them who
shall survive me, in equal shares.
FIFTH. I nominate, constitute and appoint M & T BANK, N .A., of Carlisle,
Pennsylvania, its successors or assigns, to serve without bond as the Trustee with respect
to any property which shall pass, either under this my Last Will and Testament or
otherwise to such minor or minors as defined herein. It is my intention that the entire
residue of my Estate be held in trust until all of the beneficiaries of this Trust are no
longer minors as defined herein. During the course of administration of the Trust,
payments may be made as provided herein without regard to equality among the various
beneficiaries; and when the youngest living beneficiary of this Trust reaches the age of
majority as defined herein, the remainder ofthe Trust shall be distributed among the then
living beneficiaries of this Trust, in equal shares. This appointment of Trustee shall not
supersede the right of any fiduciary in its discretion to distribute the shares to the
beneficiaries of this Trust. The said Trustee is hereby vested with the power to sell,
assign, transfer, pledge, mortgage, lease, manage, control, retain, invest and reinvest the
corpus of said Trust in such securities and other property as shall be deemed prudent
WAYNEF.SHADE
Attorn,yat Law without being restricted to investments known as legal investments for fiduciaries under
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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the laws of the Commonwealth of Pennsylvania. The Trustee shall have the power to
manipulate the proceeds of the Trust in any manner that will guarantee maximum
conservation of the Trust funds and the greatest production of income for the
beneficiaries. I hereby authorize the said Trustee to expend any monies from principal or
interest for the beneficiaries that in the sole discretion of the Trustee is deemed necessary
for their care, health, education, maintenance and general welfare; the word "education"
shall be construed to include a pre-college course, high school education, vocational
education, college education and post-graduate education and includes provision of
adequate funds for all reasonable and related living and travel expenses. It is my
intention that the foregoing powers may be exercised by the said Trustee without prior
Court approval and without further responsibility to the beneficiaries, their parents or to
any other person or persons taking care of the minor beneficiaries. The age of majority
for all purposes concerning this my Last Will and Testament shall be deemed to be the
age oftwenty-two (22) years. If any of the beneficiaries of the Trust created in this Item
Fifth should fail to survive me, or having survived me, should fail to survive to ultimate
distribution of the Trust herein, I give, devise and bequeath the share of said beneficiary
unto such beneficiaries who shall survive to ultimate distribution, in equal shares.
SIXTH. I order and direct that any estate, inheritance or similar tax due as a result
of my death with respect to any property passing as a result of my death, shall be paid
from the residue of my Estate before its division into shares and prior to distribution as an
WAYNE F. SHADE
Attorney,' L,w expense of administration and that no part of the taxes should be prorated or apportioned
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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WAYNEF. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
among the persons or beneficiaries receiving the taxable property. It is my express
intention that all inheritance taxes imposed as a result of my death be paid from the
residue of my Estate whether or not the property passes under my Last Will and
Testament. My personal representative shall have full power and authority to pay,
compromise or settle any such taxes at anytime whether with respect to present or future
interests.
SEVENTH. Any and all decisions, determinations or actions made or taken by a
personal representative or Trustee hereunder, ifmade in good faith, shall be final and
conclusive on all persons who are or may become interested in my Estate. No fiduciary
acting under this my Last Will and Testament shall be liable for any error in judgment or
for any depreciation or reduction in value of any Estate or Trust assets at anytime, in the
absence of willful default.
LASTLY. I nominate, constitute and appoint my daughter, TRUDY LOUISE
KAUFFMAN, to be the Executrix of this my Last Will and Testament, but if, for any
reason, she should fail to qualifY as such Executrix or decline or cease so to serve, I
nominate, constitute and appoint my granddaughters, JENNIFER DEEGAN KANTNER
and KATE E. SIPPLE, as successive alternate Executrices hereof, all to serve without
bond.
IN WITNESS WHEREOF, I, GERTRUDE B. LICKEL, have hereunto set my
hand and seal to this my Last Will and Testament which consists of six (6) typewritten
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WAYNEF. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
pages to each of which I have affixed my signature, this 15th
day of
November
, A.D. Two Thousand (2000).
~~. J;-~ (SEAL)
-- Gertrude B. Lickel
The preceding instrument, consisting of this and five (5) other typewritten pages,
each identified by the signature of the Testatrix, was on the date thereof signed, sealed,
published and declared by GERTRUDE B. LICKEL, the Testatrix therein named, 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 subscribed our names as witnesses hereto.
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Acknowledgment
COMMONWEAL TH OF PENNSYL VANIA )
) SS:
COUNTY OF CUMBERLAND )
I, GERTRUDE B. LICKEL, the person whose name is signed to the foregoing
instrument, having been duly qualified according to law, do hereby acknowledge that I
-5-
WAYNEF.SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
signed and executed the instrument as my Last Will and Testament and that I signed it
willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and acknowledged before me by GERTRUDE B. LICKEL,
this 15th day of November ,2000.
~k~ Jf-J;-l
. Gertrude B. Lickel
C~~~~
Notary Pu lic
Affidavit
Notarial Seal
Connie J. Trill, Notary Public
Carlisle, Cumberland County
My Commission Expires Oct. 5, 2004
COMMONWEALTH OF PENNSYL VANIA )
) SS:
COUNTY OF CUMBERLAND )
We, Wayne F. Shade and Helen H. Shade , the
witnesses whose names are signed hereto, being duly qualified according to law, do
depose and say that we were present and saw the Testatrix sign and execute the
instrument as her Last Will and Testament; that the Testatrix signed willingly and
executed it as her free and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the Testatrix signed the Will as a witness;
and that, to the best of our knowledge, the Testatrix was at that time eighteen or more
years of age, of sound mind and under no constraint or undue influence.
Sworn to or affirmed and subscribed to before me by
Wayne F. Shade and Helen H. Shade
15th day of November ,2000.
, witnesses, this
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Notary P hc
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Notarial Seal
Connie J. Trill, Notary Public
Carlisle, Cumberland County
My Commission Expires Oct. 5, 2004