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HomeMy WebLinkAbout04-21-05 PETITION FOR PROBATE & GRANT OF LETTERS , deceased. No. 21-05- ~ 'I '-\ To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania Estate of GERALD LEROY SHUE also known as Social Security No. 307-34-5509 The Petition of the undersigned respectfully represents that: Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Will of the above decedent dated March 1. 1985 , and codicils dated none . The Executor named none died . Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 710 Hillside Drive. Carlisle. Cumberland Countv. Pennsvlvania . Decedent, then ~ years of age, died Aoril 9 ,2005, at Carlisle Reaional Medical Center. 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: N/A Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in PA (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania, situated as follows: 710 Hillside Drive. Cumberland County. Carlisle. Pennsvlvania $19.500.00 $ $ $140.000.00 WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented herewith and the grant of letters testamentary thereon. SignaltJre(s) and Residence(s) of Petllloner(s): Y~~il1~A' ../!- ~J. Bran 3 Gumwood rive Baltimore, MD 21220 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above named swear(s) or affirm(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 representative of the above decedent, petitioner(s) will well and truly administer the estate according to law. ~d~&A./d- Linda randt Swom to or affirmed and subscribed before me this 21 sl day of April,2005. ~~.;;~ ~~\ Register ~~.'<~, J....~ ">:,~ ?2 -~O ':5~ ;o'~l -0 0 :"2~Fn -""-::::IJ c:Cf):/C "'00 ,'j<::>-n -,,- , J55 -0-1 :J> "" = = en ,.. -0 ::0 N -0 :x C;'? o U1 Q -'d 2:'5 rn ~J -"n No. 21-05- "3'1'-\ Estate of GERALD LEROY SHUE, deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, ADril 21 , 2005, in consideration of the Petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated March 1.1985 described therein be admitted to probate and filed of record as the Last Will of Gerald Lerov Shue ; and Letters Testamentarv are hereby granted to Linda J. Brandt FEES Probate, Letters, Etc. . . . . . . . $260.00 Short Certificates(-2-).... ... $ 8.00 Renunciation(s) ........ . . . $ JCP .................... $ 10.00 Automation Fee. ...........$ 5.00 Other Will .. . .... .... $ 15.00 TOTAL: .... $298.00 Filed. . . .. . . . . . . . . . . . . . . . . . . . . . . . <O~~~~ ~ Register of WHls "'~ "\ ~ ~.'i.~, ~"'\) " , IRW1'N & M,liKNIGHT ~ c:ifiA.-..... . o er. in Es uire 06 ATTO (Sup. Ct. 1.0. No.f 60 West Pomfret St.. Carlisle. PA 17013 ADDRESS 717-249-2353 PHONE HI".'05 REV 1/05 'l. '\ - ~ 5 - 3., '1 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 permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph.. 116795DL- No. O~tp~~.~o al Registrar Q --- Fee for this certificate, $6.00 p ~PR 15 2005 Date .....' = <=' <-'"' ;r.oo -0 ::0 N o <;;0 ;:5~ , ,,-,-0 _~.)~r- '"c.m ~::D' cr)~ 00 >-~ -:;2 ~T1 :--~ :J ),;;>0 -0 :1': <t'? o U'l c:) --', --rj C) n-'J C) II t1.i5.,q_,aIa1 COMMOHWEALTM OF PIl!:N,..syl\tANIA" DEPARTMENT OF HfALlH. VITAL AECOROS CERTIFICATE OF DEATH -, ,... -1- ..............- .!Woo..F........~ ... .Male """.. 51JIIlJill 5Ol:;U,\,SfCUIlITV>lUuN" . 307 - 34 - SS09 Cl'IIIOFOEAJM_o..-_1 ... 9~ zoos ......- w ........' """'... _C11Dt:ClWHTIf-._L.- '. Gfl/AUl L. SlllIf .............,. 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'<Sa ..........Y'Vl' ... ..0 ...- -" - ~=~~~~a..f1.._......___.....--......-~_231 lII_...........................----~...-..(It.....-..-'-..................,.. .......... ~ .. n..l) Lt.n..\l.. lOt. 17013 1~;7~,~ ~ oo:r LAST WILL AND TESTAMENT OF GERALD LEROY SHUE I, GERALD LEROY SHUE, a legal domiciliary of Cumberland County, Commonwealth of Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this instru- ment to be my LAST WILL AND TESTAMENT. I hereby revoke any and all wills and codicils by me heretofore made. I IDENTIFICATIONS AND DEFINITIONS A. I am married to HELEN LOUISE SHUE, hereinafter referred to as "my Spouse." I have three children, LINDA JEAN BRANDT, JOANNE IRENE SHOFF, and DONALD EUGENE SHUE, hereinafter referred to as "my Children." B. The following definitions obtain in any use of the terms in this Will: 1. "Descendants" means the immediate and remote lawful, lineal descendants of the person referred to, and it means those descendants in being at the time they must be ascertained in order to give effect to the reference to them, whether they are born before or after my death or of any other per- son. The persons who take under this Will as Descendants shall take by right of representation, in accordance with the rule of per stirpes distri- bution and not in accordance with the rule of per capita distribution. Persons legally adopted when under the age of fourteen years shall not be dif- ferentiated from blood descendants for any purpose. 2. "Survive me" is to be construed to mean that person referred to must survive me by thirty If the person referred to dies within thirty of my death, the reference to him shall be construed as if he had failed to survive me. the days. da~s ., s:;,~ !:';;-2n ~[~: ~n ""-.::::::n (f)~", 00 - ; ::~)-11 ',(= ~_.- -<] ~-D~ :;;::;. Page 1 of 8 Pages (-,i C~;) C"';;) c.n > --ry ::t.J N ::0 r-'li o c..:-") L.:g \'3 "'-""J ::c,'h -'1 ;;C"") I'-n o ",'" -0 ::JI: C.Y o <J1 3. As used in this Will, the words "Executor," "he," "him," "hi s," and the 1 i ke shall be taken as generic and applicable to a natural person of either sex or a corporate person or other legal entity. C. I have served in the Armed Forces of the United States. Therefore, I direct my Executor to consult the legal assistance office at the nearest military installation to ascertain if there are any benefits to which my dependents are entitled by virtue of my military affiliation at the time of my death. Regardless of my military status at the time of my death, I direct my Executor to consult with the nearest Veterans Administration and Social Security Administration office to ascertain if there are any bene- fits to which my dependents may be entitled. I I PAYMENT OF DEBTS AND TAXES I direct my Executor to pay the following as soon after my death as may be practicable: 1. All of my just debts and the expenses of my last illness, funeral and of the administration of my estate; but my Executor need not accelerate and pay those unmatured obligations which, in his opinion it might be proper and more advantageous to retain or renew and pay as they become due and payable 2. All inheritance, transfer, estate and similar taxes (including interest and penalties) assessed or payable by reason of my death, on any property or interest in my estate for the purpose of computing taxes. My Executor shall not require any benefi- ciary under this will to reimburse my estate for taxes paid on property passing under the terms of this Will. Page 2 of 8 Pages I I I RESIDUARY ESTATE A. I define "my Residuary Estate" as all of my property after the payment of debts and taxes under Article II above, including real and personal property, whenever acquired by me, property as to which effective disposition is not otherwise made in this Will, and property as to which I have an option to purchase or a rever- sionary interest. B. I give my Residuary Estate to my Trustee, in trust for the benefit of my Spouse, HELEN LOUISE SHUE. C. If my Spouse does not survive me, I direct my Executor to divide my Residuary Estate into equal shares and to distribute those shares as follows: 1. one share to each of my Children who survive me; 2. if any of my Children fail to survive me, then his or her share shall be distributed among his or her descendants who survive me; 3. if any of my Children fail to survive me and leave no descendants who survive me, then his or her share shall be divided equally among such of my Children who survive me, or their descendants who survive me, as set forth in subparagraph 1 and 2 above. IV ADMINISTRATION OF TRUST A. The primary purpose of this trust is the support, main- tenance, and welfare of HELEN LOUISE SHUE. To that end, the Trustee may accumulate and add to principal the income from prin- cipal to the extent permitted by law and shall payor apply such income as the Trustee elects not to accumulate to or for the use of HELEN LOUISE SHUE until the termination of the trust. Page 3 of 8 Pages B. If the income and other funds available to HELEN LOUISE SHUE are insufficient for the support, maintenance, and welfare of HELEN LOUISE SHUE, the Trustee may payor apply for the benefit of HELEN LOUISE SHUE so much of the principal of the trust as the Trustee considers necessary for the purposes of the trust. C. In carrying out the purpose of this trust, the Trustee may distribute income and principal directly to HELEN LOUISE SHUE, if authorized by law, or to the Guardian or to a person with whom HELEN LOUISE SHUE resides, or on behalf of HELEN LOUISE SHUE to any other person. Any and all payment or payments of any sum or sums, whether in cash or in kind and whether from principal or income, payable to or on behalf of HELEN LOUISE SHUE, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, and pledge, and free from control by the creditors of HELEN LOUISE SHUE, and shall not be subject to any execution or attachment. D. I do not wish to create, or permit to exist, uneconomical arrangements of more harm than benefit to HELEN LOUISE SHUE. Whenever, in the Trustee's good business judgment, a trust shall no longer make good economical sense (presumably because of its small size) in light of HELEN LOUISE SHUE's best interests, the Trustee is authorized to take such steps, including terminating the trust and turning its assets over to HELEN LOUISE SHUE or her Guardian, as he shall deem in HELEN LOUISE SHUE's best interest. E. The powers the Trustee may exercise in carrying out the purpose of this trust are set forth in Article VII below. F. This trust shall terminate upon the death of HELEN LOUISE SHUE, and the Trustee shall divide the remainder of the principal and accumulated income into equal shares and shall distribute those shares as follows: 1. one share to each of my children then living; 2. if any of my children are not then living, then his or her share shall be distributed among his or her descendents then living; Page 4 of 8 Pages 3. if any of my children are not then living and leave no descendents then living, then his or her share shall be divided equally among such of my children who are then living, or their descendants then living, as set forth in subparagraph 1 and 2 above. V APPOINTMENT OF TRUSTEE I appoint LINOA J. BRANDT and KARL W. BRANDT, who presently reside at 3 Gumwood Drive, Baltimore, Maryland, as Co-Trustee of any trust established under this Will. I request that the Trustee not be required to furnish bond or sureties. VI APPOINTMENT OF EXECUTOR I nominate and appoint my daughter, LINDA JEAN BRANDT, as Executor of this my LAST WILL AND TESTAMENT. If LINDA JEAN BRANDT is unable or unwilling to serve in this capacity, I appoint KARL W. BRANDT to serve instead. I request that my Executor be permitted to serve without bond or surety thereon. VII POWERS OF FIDUCIARIES My Executor and Trustee shall have the following powers, which are to be construed in the broadest manner consistent with the validity of this Will and with their duties as fiduciaries. The powers stated herein are not intended to be exclusive, but shall be in addition to those granted by law and shall also pertain to any administrators or trustees who succeed the fiduciaries I have appointed in Article V and VI above. These powers are: Page 5 of 8 Pages 1. to take possession of property, to keep it safely, and to segregate it from other property owned or held by the fiduciary; 2. to retain and to invest in property, or an undivided interest in property, including residential real estate, for any period, whether or not the property be of the character permissible for investment by fiduciaries; 3. to sell, transfer, exchange, lease, rent, mortgage, pledge, give options upon, partition and otherwise dispose of real or personal property, at private or public sale, for cash or upon whatever terms the fiduciary deems advisable, without notice or order of court; 4. to render liquid my estate, in whole or in part, and to hold cash or readily marketable securities of little or no yield for such period as my fiduciary deems advisable; 5. to borrow in the name of my estate or of the trust, upon whatever terms and conditions and for whatever periods my fiduciary deems advisable for the purpose of preserving, protecting or improving property held by him; 6. to pay, compromise, adjust, settle, compound, renew or abandon claims held by my fiduciary and claims asserted against my fiduciary, on whatever terms he deems advisable, without prior court authority; 7. to distribute in cash or in kind, or partly in cash and partly in kind, in divided or undivided interests, notwithstanding the fact that distributive shares may as a result be composed differently; Page 6 of 8 Pages 8. to insure the property he holds as fiduciary against the risks, and in the amounts he, in his discretion, deems expedient, and to obtain and pay for life, health, liability and other forms of insurance for the beneficiaries of the trust, in his discretion; g. to employ attorneys, accountants, investment advisors and other professional assistants including deposi- taries, proxies, agents, and appraisers; 10. to enter into transactions with other fiduciaries including executors or trustees of estates and trusts in which my beneficiaries have an interest, and including him as fiduciary for other estates and trusts; 11. to engage in the powers necessary to the effective administration of corporate securities, including, without limiting the generality of this power: a. power to vote in person or by proxy upon all securities held by the fiduciary; b. power to engage in a voting trust or voting agreement with respect to securities; c. power to consent or become a party to, or participate in, mergers, consolidation, sales of assets, recapitalization, reorganizations, dissolutions or other alterations of cor- porate structure, including adjustments in capital structure affecting securities held by the fiduciary, whether or not these adjustments involve payments by or to the fiduci ary; and Page 7 of 8 Pages . _n_... .___".__....._..._..__ _.._.._.. n,.,_._.___.,...._..__ d. power to hold securities in unregistered form or in the name of a nominee. 12. to pay himself reasonable compensation for this services. IN WITNESS WHEREOF, I have at Carlisle, Pennsylvania, this 1st day of MARCH 1985, set my hand and seal to this my LAST WILL AND TESTAMENT consisting of eight (8) typewritten pages. ~~~ Testator ( SEAL) Signed, sealed, published and declared by the Testator, GERALD LEROY SHUE, as and for his LAST WILL AND TESTAMENT, in the presence of us, who at his request, in his presence and in the presence of each other, have hereunto subscribed our names as wit- nesses. ~.~~ ~JJ -~11~ ADDRESS ~O IS* s-''j7 C!/M.-L/$~ fl/9 Ro, &-1'.597 Ct'J?eLI.ilc ,A.. Page 8 of 8 Pages w____..___.w._._...__ ~_... .___._.~___."__ Ack.now 1 edgment COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF CUMBERLAND ) I, GERALD LEROY SHUE, Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and SHUE, the Testator, this 1st ( SEAL) acknowledged before me, by GERALD LEROY da~o MARCH 1985. id Lk- GER LD L~ SHUE, Testator 7~rfub)r~U Affidavit --....-.... -- ........1 --. .r 17__.". ...... r : .. . n .. ......, COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF CUMBERLAND ) We, PAvQ) R. Sn>rO-l , ;?/'erl- S!e,;e-" SJ??17.J./ , and , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will; that GERALD LEROY SHUE, signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the the Testator signed the will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by ~v~ t: Sm"'7 # , /fob",-+- S-Ju...." Sm';-I/, , , witnesses, this ~~1985. WITNESS -~ P~Jll~JeN\,~~fL WITNE S WITNESS '1?f~ a.~.)~ NOT A R PUB L 1(,11I,._ .... _ PlIIUC W'1IlI-, I - CIII1Y IIUIU II --_...... r . - AI . n .......... .... . ( SEAL)