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HomeMy WebLinkAbout04-13-05 ,......-- PETITION FOR PROBATE and GRANT OF LETTERS Estate of ShirlElY A. Frv No. J.. '\ - '\) 5 - '3'\ 1I also knvwn as To: Register of Wills for the !;hirl..,y A Frv , Deceased, County of Cumberland in the Social Security No. 184-26-5479 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who Ware 1 g years ofage or older and the execut rix named in the last will of the above decedent, dated 09/0212003 and codicil( s) dated (state relevant circumstances. e.g. renunciation. death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania, with h er last family or principal residence at 1 ShElrwood Drive. Mechanicsbura (list street, number and municipality) Decedent, then 69 years of age, died 3/24/2005 at Holv Soirit Hosoital 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: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) AD personal property $ 33 000 00 (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ 125000.00 situated as follows: 1 Sherwood Drive. Mechanicsbura. PA 17055 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters tElstamentarv thereo (testatnentaJy; administration c.la.; administration d.b.D.c.t.a.) 1 ShElrwood DrivEl Mechanicsbura j = :2 ~'"' .;Ill "'= a.S ~.- I~ '" PA 17055 ,-') .-,,\ OAm OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } 88 COUNTY OF CumbElrland .'j -',I 11Ie petitioner(s) above-named swear(s) or aff'mn(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), cfthe above decedent ~titioner(s) will well~tru1 y adrninister~the te according' to law. sworn,to Qr affumed.and subscribed {'~ - I - - ~ beforemethis ,:,"'''' day of -V S ~~~~, ! ~ ~ . 'll~\ ~~l)R~~~ i :l c:::::':! .::..n -.,""J ~-""'" w ~::; ..:~ c=S IT1 c:::J -il \9 <J1 00 N ~ \ - ~ S . ?'-\ 1..\ o. Estate of Shir1ev A. Frv , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~'" \ ,,:. I J.. ~\:\.s ,in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrurnent(s) dated 9/2/2003 described therein be admitted to probate and filed of record as the last will of Shirlev A Frv and Letters T estamentarv are hereby granted to Judy A. Frv FEES 260.00 24.00 Probate, Letters, Etc., . , . . . . . $ Short Certificates (6 }...,., $ Renunciation. . , . . . . . . . . . $ $~ TOTAL_ $ 4 D Filed. . .'\~.\~:~,s. . , . . . . . . , . , . , . ~~ ~~ ~""\~~ Register of Wills . , ~ ~ \(~, ~"\I:l 'i;,)~ Jacqueline A. Kelly, Jan L. Brown & AssQC, 91973 ATIORNEY (Sup. Ct.l.D. No.) 845 Sir Thomas Court. Suite 12 Harrisburo PA 17109 ADDRESS 717-541-5550 PHONE ~ ~'>t~,~~ ~'" ~'\\."'~,~ "-, <;:'~"\1\ \:It" L-'I'VS w \.0 CJ1 0:> Register of Wills, Cumberland County OATH OF SUBSCRIBING WITNESS Estate of Shirley A. Fry No. '".l.."-'\:)S.~,-\,,\ also known as Shirley A. Fry , Deceased Andrew C. Sheely Becky M. Knisely (each) a subscribing witness to the 0 codicil(s) Ilil will(s) presented herewith, (each) duly qualified according to law depose(s) and say(s) that shelhelthey waslwere present and saw the above Testator(rix) sign the same and that shelhelthey signed as a witness at the request of the Testator(rix) in her/his/their presence andQ in the presence of each other 0 in the presence of the other subscribing witness(es). Ilvz~ C~SIg~ 7 b I 0(..1"'1 Y\ 0\. ct ~ M4 Lv.'J. Ii' <"~i PA- 17t?>.) ( JasS) ~ /'1 f (!yu1J. S' sture) Q()'7 j(;7t'/J;x,,-u. f77emol)icsl:JCvv.l..A- l?as5 f (AddJasS) J Sworn to or affirmed and subscribed before me this 1,.2 f1\. day of ~~tJS- ~ !;';.rl N Notary Public My Commission Expires: Sc.pI. n I .;I ()O 7 ICA1IUEN "SHEEly arvO!'~ Cllt~CClUMV CoIIIilI~~1 17, 2ID1 =; (.,,) <::> o ,:> n {Signature and sat-ofHotary or other official qualified, toadmiC!tster oaths. ShaN date of~piration of Notary's commission.) NOTE: To be taken by officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization. RW.2 -,,-<-'--' HI05.805 ..'v"';1O'\ J...' - ~ 5 . ""!l ~ "'- 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 permanenl filing. WARNING: " is illegal to duplicate this copy by photostat or photograph. 11599458 No. 0I.tAIAM,O &J:)~r7f Local Registrar Fee for this certificate. $6.00 p ~/d.~ D~te t--> C::~'l C:J c.n :,:""' (,.,) t.-"'-"'. :-:"':'1 ..-n ?"') cn ~~ \9 U1 OJ Hlot_14JR.v.2llJ1 COUIIQHW.EALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH ... CUntler land DECEOEHT'S USUAL OCCUPATION ..~.:-:.'::".:::c:r ICINtl OF BUSINESS/INDUSTRV " AS DECEDENT E IN us, AAMED FORCES? v_D Noli! ". \~ ~ PECEDEHT"8E1:lL1CA11ON .ToIlTEFU_ ......_t .. ...- Bu,cKIHI( !WE OF W;CEDENT (fnI, loIiddlI. L..a, 1. Shirley A. Fry AGE lL-.c enoawl s.: 69 v... COUNTY of DEATH BlRlHPLACE (cay anll sa.t1lorF....CCurtlyI 1.PA ... ~D FACIUTY twdE {H not ~1IIilu1ion. giwllllrMl ..... nurnlMrl =:",,0 - _. tilt. _. ". (G-1l1 12 tMRITALSTATUS-........., ~~It ,..widowed 11c.Dv...~hllCI.. """""""$POUSl! (11'......__) j CoIo, """"'- """"""" "..- 011011.-....1 "" -.. ..... nlo. CounIv ""nrrn:.rl.::uv'1 .......1 11d.Q ~~::of Mechancisburq MOTI-ER'SNAIoIE(Flnl......,~~ ... INFORMANT'$ w.iuNGADOAEA~~QOoioI, sa.., ZIp ~) .... 1 Sherwood Drive _ PA 7 PLACE OF DISPOSITION- NIlmeofc-r-, c..n.tary lOCAT1ON .~-..... AI ~ w__ "rrindle Spring Cemli! lICEHSENUMElER tw.ENlDADDAESSOFFAClUTV .... 011667 L "oM} Z <<...,~.<1MII\__."""""',"w4~-.I. LaNSE~ ..-. 17..51a1e PA .. _. c ~ , ~ . ""Silver Spring 'l'Wp., PA 8 Market Plaza way ~ .. :- .-.. :..... ...... .... "" \- . y"O NoM "')q ""'" CoubrlCllbltdlllermln8d IlrATEtlFlMJURY o (M:ltMIo,Doy.T_1 o ~OHoD O H., ;JOlt. M. .... f'\.ACEOFINJURY-A1to.orr.,...........JIo:Uy..... __i~l .... - ......... NJUAY AT WORK'7 DESCRIBE HOW INJURV OCC1.IFlRED y..O w.MHEROF ov,'ni ...... I"., -'0 o _. ... ,... CERTlFER (Ch.dc o:lI'Itl' me) 1="~~:a::!'.........1=~~~.~~.~.~.~~?~1. ... lOCAT1ON(.....CII)tT.-.. "'1 .... ................0 ~TURE~ r-;t. l~fM,&R _ DATE {llIat6o.y,V-J-. "'==:-.:~~~~~~~,===~~ao:'.,.O:'=.t.r.......d...... ...............,Jg *'c. I'I"D f ,.,." ItZ,C *'l1. ""'Z r:- 610 5 .=-:.=".E~.~~~~~~~~~~ow.~:.~...~~~.:':'~.~~I~'~O =.Jr'_'7ffoOF1J!...~:J::~:~.':.."f'!" !1a. :t2. .'- ,q. ~tuA"I~lUKEAMQIWMHR DATE FllEO (MQnItl. DAY. V_I ., ~/~I/L?t.... .;4 ~~ " ~ 51 u w c ~ ~ '.l. \ -I\) S - 3'-\ l\ LAST WILL AND TESTAMENT .C) ,'.....:) ,;;.---.. C'," ..:..:1 OF C) /' SHIRLEY A. FRY I,{J Ul co I, SHIRLEY A. FRY, of I Sherwood Drive, Mechanicsburg, t (Borough of Mechanicsburg), Cumberland County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby f f revoking all other Wills and Codicils heretofore made by me. FIRST: I direct that all inheritance, estate, transfer, succession and death taxes, as well as my just debts and funeral expenses, of any kind whatsoever, which may be payable by reason of my death, shall be paid t of the principal of my estate as the same can conveniently be done. SECOND: I give, devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and ogether with any insurance policies thereon, as follows: (a) Twenty percent (20 %) thereof unto my daughter, JUDY A. FRY, of Mechanicsburg, Pennsylvania, provided that should JUDY A. FRY predecease me, I give and bequeath her share unto her issue, share ~nd share alike, and if there be a failure of same, then I give and bequeath her share unto my surviving children and grandchildren as named herein, share and share alike; and (b) Twenty percent (20%) thereof unto my daughter, LORI A. TRACE, of Mechanicsburg, provided that should LORI A. TRACE ~ predecease me, I give and bequeath her share unto her children, CHRIS- TOPHER R. TRACE and MATTHEW E. TRACE, share and share alike; and (c) Twenty percent (20 %) thereof unto my son, LARRY W. BILLER, provided that should LARRY W. BILLER predecease me, I give and bequeath his share unto my grandchildren, REGINA B. BILLER and LINDSAY M. BILLER, share and share alike; and (d) Ten percent (10%) thereof unto my granddaughter, REGINA B. BILLER, of Dillsburg, Pennsylvania, provided that should REGINA B. BILLER predecease me, I give and bequeath her share unto her issue, share and share alike, and if there be a failure of same, then I give and bequeath her share unto LINDSAY M. BILLER; and (e) Ten percent (10 %) thereof unto my granddaughter, LINDSAY M. BILLER, of Dillsburg, Pennsylvania, provided that should LINDSAY M. BILLER predecease me, I give and bequeath her share unto her issue, share and share alike, and if there be a failure of same, then I give and bequeath her share unto REGINA B. BILLER; and (f) Ten percent (10 %) thereof unto my grandson, CHRISTO- PHER R. TRACE, of Mechanicsburg, Pennsylvania, provided that should CHRISTOPHER R. TRACE predecease me, I give and bequeath his share unto his issue, share and share alike, and if there be a failure of same, then I give and bequeath his share unto MATTHEW E. TRACE; and 2 r-n (g) Ten percent (10 %) thereof unto my grandson, MATTHEW E. TRACE, of Mechanicsburg, Pennsylvania, provided that should MATTHEW E. TRACE predecease me, I give and bequeath his share unto his issue, share and share alike, and if there be a failure of same, then I give and bequeath his share unto CHRISTOPHER R. TRACE. (j THIRD: Should any of my grandchildren not have attained the age of eighteen (18) years at the time for distribution to him or her, if applicable, I give, devise and bequeath the share of each such grandchild to my hereinafter named Trustee, IN SEPARATE TRUSTS, to hold, nage, invest and reinvest the shares so received, and to use and apply from time to time such portion of income and principal for such grand- child's education (including college, trade school or other similar training or education), support and welfare as my Trustee, in her sole discretion, deems advisable. My Trustee may make the payments for the support and maintenance of my grandchild directly to said grandchild or to such grandchild's Guardian, as required. Any payments made by my Trustee pursuant hereto shall be made without further responsibility to the said grandchild, or to any person taking care of my grandchild. The Trustee, in exercising her discretionary authority with respect to the payment of income or principal of the within Trust to my grandchild, shall take into consideration any income or other resources available to my grandchild from sources outside this Trust. In addition, my hereinafter named 3 ,-~-- Trustee shall have the right, in her sole discretion, to purchase and pay for out of the principal, as well as income, such insurance policies as will provide for the minor's medical care. Any income or principal not so applied shall be distributed to each grandchild when such grandchild attains the age of eighteen (18) years. FOURTH: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all property, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, ex- c anges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of real estate and to impose or extinguish restric- tions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (0) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to 4 investments authorized for Pennsylvania fiduciaries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. (G) To make distributions to my herein named beneficiaries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to ay debts, taxes, or estate or trust administration expenses, to protect or improve any property held under my will, and for investment purposes. (I) To select a mode of payment under any qualified retire- ment plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent provided for by the plan or the law. FIFTH: I nominate and appoint my daughter, JUDY A. FRY, as Trustee, of any trust created for the benefit of the issue of LORI A. TRACE. I direct that my Trustee named herein shall serve without bond and shall receive fair and reasonable compensation. SIXTH: I nominate and appoint my daughter, JUDY A. FRY, Executrix, of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of JUDY 5 A. FRY, I nominate and appoint LORI A. TRACE, Executrix, of this, my Last Will and Testament. I direct that my Executrix and her successor shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I hav8ereunto set my hand and seal to this, my Last Will and Testament, this day of September, 2003. ~ Q ~AL) SIH:RLEY A. F . Signed, sealed, published and declared by the above-named Testa- trix as and for her Last Will and Testament in our presence, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. //;IN. 30""5+/u~JL~JI/(m 17{t(4"1/ (} 8% i\ddress Name ~7l41~fj i\ddres . 1r~~~ A/J' Jk I1J I/n//J/ J WI /7C)5~ Name 6