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HomeMy WebLinkAbout01-25-78 No. 21-78 35 PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY in the Estate of HELEN M. SANDNES , deceased. To Richard E. Anderson, Register of Wills for the County of Cumberland, in the Commonwealth of Pennsylvania. is Petitioned~ noa the execut or named in the Last Will and Testament of Helen M. Sandnes Decedent was a citizen of the United States and a Township Lower Allen ~ Cumberland of Pennsylvania. Decedent died on dated June 3. 1977 resident of County, Commonwealth Sundav the 16th day of Ortnhpr A. D. 19 77, in the County of Phil"clplphi" , State of Pennsylvania at the age of 54 ~~ Mi Decedent has not been married and has not had since the execution of the above described Will. Decedent was possessed of personal property to the 9,~ ( /.;(jr1vfL.. years. her children born to am value of and of real estate to the value of as near as can be ascertained; said real estate situated as follows apply Therefore, your petitioner(s) respectfully applies for the probate of the said Last Will and Testament and for Letters Testamentary thereon. Dated January ?!J- . 1978 ...~2 fA Name and address Ccfi~1-.C/ /, 'A/7 /.L/0, f .. _ \ .- dward s. Sandnes o Petltloner(X/ 332 Blacksmith Road r,"mp Hill. Ppnn" 17011 COMMONWEALTH OF PENNSYLVANIA ( ss COUNTY OF CUMBERLAND EDWARD S. SANDNES named in above application, being duly sworn according to law say(s) that the statements set forth in this petition are true to the best of his knowledge and belie~) . I)/) subscribed before r;;:;;;.tfli.r~j /Y~V7n L----a 19 78 Sworn (o()I1J nderson, Register " )".- //~, v U J7~?/ Filed; al- 78'- a,s- Jqnu~ry 25. lq78 /CJ-/3{;., '-C-. AttorneL~' OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA} COUNTY OF CUMBERLAND SS: Before me, the Register for the Probate of Wills and granting of Letters of Administration in and for the County of Cumberland, personally came ............~p.~~..~:...~.~I?1:J.~.~........................................................ who, being duly ........9W.QJ:JJ............, do ....eIL. depose and say that as.....E.xe.cutor............................................ of the last Will and Testament of .................~~~~~..~:...~.<;1.~~.I?-.~.~.L.....................................................deceased ...........h~.......... will well and truly administer the goods and chattels, rights and credits of said deceased according to law. And also will diligently comply with the provisions of the law relating to Transfer Inheritances. .......~wR:m............ and subscribed before me. .~---..- ...... ~;0.~~:::!l^'./~.::v.(:l~:.~....... ....."" I ...... ~ o Z ~ ~ ~ rIJ ~ "t:l c' I. ,'. Q,) f'~ -: rIJ ~ 0') Q,) t.l ....-I~ Q,) 0 u.. c:c: u; r--': 0 E:J o:j:i. '~;;.:.:. ,..... ~ t-:":-. ....J <.-:': 0 L \. 0 rJ !:Q c' , ....J . - ~~ - 10::-", .... C f ~: ~ ~ r C'" ~.. r - , s:: \=;c: .... ~ ~ "t:l , [;, Q,) (f'\ 1--; b "t:l (Y', ~ 0 e:::l t.l Q,) ~ Q,) "t:l "t:l Otl Q,) - s:: ~ ..... ~ ~ ~ ~ ~ o Z DECREE ')r'r]-, T"'n'lQ"""~ "Q Be it remembered that on the ......:L;J.::......... day of ...................:.:..:.:~::...y.............., A. D., 19 .!......., there d d d h I W'll d T f H0J "'1' C"I 3".-;/l,"pc, was probated an recor e t east 1 an estament 0 ....:.:..:....:..:..:........:.....:.::....................................., """r,'L!0<~ f1 ~_ -: ~'-;:")1~,!n21,..\ :l~) . late of.........:...:. .:.:..... ............................ ,.............. ........ .., Cumberland County, Pennsylvama, Deceased. Letters . ...... .......... ..'.~ ;:.?~:.~:'.; :':;}:~ :': .-:.J........ were granted to .................. ~~:?:~ ::.:.? ..:~;.:.. .::;.~. ~~ .~~~: :'.. .. ........................ ........ Witness my hand and official seal the day and year aforesaid. 40 OATH OF SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA I ss: COUNTY OF CUMBERLAND ~ This................ ........... ~!t:~~....... .... .... ........ ............. day of............... ..J~g)l~Xy'..... ..... .......... ..... ..... ..... A.D., 19.. Zl'l.., before me Richard E. Anderson, Register for the Probate of Wills and granting letters of Administration in and for said County of Cumberland, in the Commonwealth of Pennsylvania, personally came .............. ................................................................................................................................................................................ the subscribing witnesses to the foregoing instrument of writing purporting to be the last. Will and Testament of ................ ..!:!~~~~ ..~:... ~.<;.r:.~.~.7.~................... ...................... .......... Dated .:-!~~~. .~!.J.???........ ......... late of .............~~~:':~~p...?~..~<?~.7E..~.~!:~~.~................................................ Cumberland County Pa., deceased h b. d I sworn d' t I d d th t they' were w 0 elng u y ........................................... accor lng 0 aw, epose an say, a.......... ............................. present, and saw and heard the testa....g;i,~...................., ........~~-l-.~.~..~,...~~r.-~r.-~!'!...................................... sign, seal, publish, pronounce and declare the said instrument of writing as and for h....!o:L....... Testament and Last Will, and at the time of so doing ................l'lhl':...........................was of sound and disposing mind memory and understanding, to the best of ..................t..\)g.ix...................knowledge, observation and belief. ............Swor:n.......... .............. and subscribed before .~...?r.4An;..(7.U.~).... /)/~~ C _ /V. ;/1 d ...................................~/~.~............................ AFFIDAVIT OF DEATH COMMONWEALTH OF PENNSYLVANIA l ss: COUNTY OF CUMBERLAND ~ .... ........................ ...... ... ....... ...... ....... .... .... ..~J?.':l:~.. .~. :..~~~~~~....... ..... ..... ........ ....... ................. ...... ....being duly ...........E?Y!RX~............................ says that as nearly as can be ascertained the said decedent .......................... ..... ...... .......... .... ...... ..... .~~~~1?-...~: ...~.~~~~~:':... ..... ... .... .... .... .... .... .... ........ .... .... ..... ..... ..... ..... ..... ..... ........ ...... .died on ...........~~~~::!y.......................... the ............~~!:~............day of ...............~~~~~~~........................ A.D., 19??..., at or about .......................................... o'clock, ....M. ...............~Y!!?:m............................and subscribed this .................?4.t~......... ........... day of ...,J:~TI~~.r.y.I...... j) C~ ''J ffi_c~ljJy..t~... 39 LAW OFFICES STONE e. SAJER 310 BRIDGE STREET NEW CUMBERLAND, PA. 1707 " LAST WILL AND TESTAMENT OF HELEN M. SANDNES I, HELEN M. SANDNES, of the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM I: I devise and bequeath all of my estate, of every nature and wherever situate, to my husband, EDWARD S. SANDNE , if he survives me by thirty days. ITEM II: If my husband, EDWARD S. SANDNES, predecease me or dies on or before the thirtieth day following my death, I make the following disposition of my estate: A. I grant to my son, PAUL SANDNES, an option to purchase any or all of my shares of stock of Presco International, Inc. My Executors shall give my said son, PAUL, written notice of the grant of this option. The option shall be exercised by my said son's giving written notice thereof to my Executors withLn three months of his receipt of the notice of the granting of the option. The purchase price per share shall be the book value thereof as of the close of the month immediately preceding the date of my death. In determining book value, the assets of the corporation shall be valued at their current fair market value and not at their historical cost. The book value, as determined above, shall be determined by the corporation's independent certi- fied public accountant whose determination shall be final. If my Page 1 of 6 pages 33 II son, PAUL SANDNES, exercises the option granted herein, he shall i pay the entire purchase price within three years of the date of I the exerc ise of the opt ion. B. I devise and bequeath all of my estate, of every nature and wherever situate, as follows: 1. Two-twelfths thereof to CUMBERLAND COUNTY NATIONAL BANK AND TRUST COMPANY, of New Cumberland, Pennsylvania, IN TRUST, for the following uses and purposes: (a) The Trustee shall pay the net income therefrom to my daughter, ELAINE SANDNES, for and during her life- time in such periodic installments as the Trustee may find conveniint but at least as often as quarter-annually. I , (b) As much of the principal of this trust ajl the Trustee, in its sole discretion, may from time to time deem I advisable for the support and care of my daughter, ELAINE SANDNES, shall be either paid to her or else applied directly for her bene- fit by the Trustee after taking into consideration her other readi y available assets and sources of income. (c) The Trustee may apply the net income of this trust for the support of my daughter, ELAINE SANDNES, should she by reaSOn of age, illness or any other cause, in the opinion of the Trustee, be incapable of disbursing it. (d) Upon the death of my daughter, ELAINE SANDNES, or upon my death, if she should predecease me, the then remaining principal and accumulated or undistributed income shall be distributed to my then living issue, per stirpes. LAW OFFICES STONE e. SAJER 310 I5RIDGE STREET NEW CUMBERLAND, PA. 1707 I I I i I Page 2 of 6 pages 34 II 2. One-twelfth thereof to my daughter, CAROL DRAKE, if she survives me. If my daughter, CAROL DRAKE, does not survive me, her share shall be distributed to her issue, per stirpes, who survive me, and in default of such issue, her share shall be added to the other shares created in this Paragraph B in the same proportions that they now bear to each other. I I I 3. One-twelfth thereof to my daughter, NANCY HEI~, I I if she survives me. If my daughter, NANCY HElL, does not survive I[ me, her share shall be distributed to her issue, per stirpes, who j survive me, and in default of such issue, her share shall be adde~ to the other shares created in this Paragraph B in the same pro- portions that they now bear to each other. 4. One-twelfth thereof to my son, EDWARD SANDNES, JR., if he survives me. If my son, EDWARD SANDNES, JR., does not survive me, his share shall be distributed to his issue, per stirpes, who survive me, and in default of such issue, his share shall be added to the other shares created in this Paragraph B in the same proportions that they now bear to each other. ~4 tt~. SANDNES, if she 5. One-twelfth thereof to my daught~, SUSAN cKtu,-,~) -...l-. ~ . survives me. If my daughter, SUSAN SANDNES, does not survive me, her share shall be distributed to her issue, per stirpes, who survive me, and in default of such issue, her share shall be added to the other shares created in this Paragraph B in the same proportions that they now bear to each other. 6. One-twelfth thereof to my son, PAUL SANDNES, if he survives me. If my son, PAUL SANDNES, does not survive me, his share shall be distributed to his issue, per stirpes, who LAW OFFICES I i STONE &: SAJER 3,0 BRIDGE STREET II NEW CUM!lERLANO, PA. t 707~ Page 3 of 6 pages 35 LAW Ol"F1CES STONE 8c SAJER 310 I5RIOGE STREET NEW CUM!lERLAND, PA. 1707 11 survive me, and in default of such issue, his share shall be added to the other shares created in this Paragraph B in the same pro- portions that they now bear to each other. 7. One-twelfth thereof to my daughter, KAREN SMITH, if she survives me. If my daughter, KAREN SMITH, does not survive me, her share shall be distributed to her issue, per stirpes, who survive me, and in default of such issue, her share shall be added to the other shares created in this Paragraph B in the same proportions that they now bear to each other. 8. One-twelfth thereof to my son, MARK SANDNES, if he survives me. If my son, MARK SANDNES, does not survive me, his share shall be distributed to his issue, per stirpes, who survive me, and in default of such issue, his share shall be added to the other shares created in this Paragraph B in the same pro- portions that they now bear to each other. 9. One-twelfth thereof to my son, ROY SANDNES, if he survives me. If my son, ROY SANDNES, does not survive me, his share shall be distributed to his issue, per stirpes, who survive me, and in default of such issue, his share shall be added to the other shares created in this Paragraph B in the same pro- portions that they now bear to each other. 10. T J/~Y to my son, JAMES ~ SANDNE NJ SANDNES, does not survive if he survives me. One-twelfth thereof \ If my son, JAMES ~. me, his share shall be distributed to his issue, per stirpes, who survive me, and in default of such issue, his share shall be added to the other shares created in this Paragraph B in the same pro- portions that they now bear to each other. Page 4 of 6 pages 36 11. One-twelfth thereof to my daughter, LOIS SANDNES, if she survives me. If my daughter, LOIS SANDNES, does not survive me, her share shall be distributed to her issue, per stirpes, who survive me, and in default of such issue, her share shall be added to the other shares created in this paragraph B in the same proportions that they now bear to each other. ITEM III: I appoint CUMBERLAND COUNTY NATIONAL BANK AND TRUST COMPANY, of New Cumberland, Pennsylvania, guardian of any property which passes either under this will or otherwise to a minor and with respect to which I am authorized to appoint a guardian and havenot otherwise specifically done so, provided that this appointment of a guardian shall not supersede the right of any fiduciary in its discretion to distribute a share where possible to the minor or to another for the minor's benefit. Suc guardian shall have the power to use principal as well as income from time to time for the minor's support and education (includin college education, both graduate and undergraduate) without regar to his or her parent's ability to provide for such support and education, or to make payment for these purposes, without further responsibility, to the minor or to the minor's parent or to any person taking care of the minor. ITEM IV: I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. All such taxes on present or future interests shall be paid at such time or times as my Executors may think proper, regardless of whether suc taxes are then due. LAW OFFICES STONE 8c SAJER 310 I5Rl0GE STREET Page 5 of 6 pages NEW CUMBERLAND, PA. 1707 37 L.AW OFFICES STONE e. 5AJER 310 BRIDGE STREET NEW CUM8ERLANO, PA. 1707 II ITEM VI: I appoint my husband, EDWARD S. SANDNES, I Executor of this my last will. Should my husband, EDWARD S. SANDN~S, fail to qualify or cease to act as Executor, I appoint my sons, EDWARD S. SANDNES and PAUL SANDNES, and my daughter, NANCY HElL, Executors of this my last will. While I have complete confidence in all of my children to serve as fiduciaries, I felt that it would be burdensome to allow them all to serve and I, therefore, randomly selected the three above named children to serve as con- tingent executors to represent the entire family. ITEM VII: I direct that my Guardian, Executor and Trustee, or their successors, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, HELEN M. SANDNES, have here- t~{ ~&rz< kz ~8EAL) HEL N M. S NDNES unto set my hand and seal this _? day of , 1977 SIGNED, SEALED, PUBLISHED and DECLARED, by HELEN M. SANDNES, the Testatrix above named, as and for her Last Will and Testament, and 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. I ~]lL~ Y 62lA/7;r7J ~tness !PAd Iu. /ffu?:. cJ7j}0}It/J, J1:;. Address~ 47 (7'). ?~4'~ ~~^ C/ ~M'.' Address 1tU~ C ~ ~<€.L! d--. Witness Page 6 of 6 pages as