HomeMy WebLinkAbout06-08-05
PETITION FOR PROBATE and GRANT OF LETT RS
Estate of SHIRLEY L. H. TROUP
also known as
Deceased.
Social Security No. 177-24-5425
NO.2-I -OS
TO:
Register of Will
of Cumberland i
of Pennsylvania
0511
for the County
the Commonwealth
The petition of the undersigned respectfully represents that:
Your Petitioner is 18 years of age or older and the executor named i the last will of the above
decedent, dated 25 June 1998 and codicil(s) dated n/a.
Decedent was domiciled at death in East Pennsboro Township, Cum erland County,
Pennsylvania, with her last family or principal residence at 13 Randi Road, nola, Pennsylvania, 17025.
Decedent, then 74 years of age, died on 20 May 2005 at Beverly H Ith Center, Cumberland
County, Pennsylvania.
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 a killing and was never
adjudicated incompetent: nla
Decedent at death owned property with estimated values as follows:
(if domiciled in Pa.) All personal property
(if not domiciled in Pa.) All personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
Situated as follows: 13 Randi Road. Enola. PA
$168.500.00
$
$
$150,000.00
WHEREFORE, Petitioner(s) respectfully request the probate of the las will and codicil(s)
presented herewith and the grant of letters testamentary.
Signature and residences of Petitioner(s):
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Joh L. Campbell
1 3 Randi Road
Enola, PA 17025
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALl'HPF PENNSYLVANIA 155.
COUNTY'OF' )
The petitioner above-named swears or affirms that the statements in he foregoing petition are
true and correct to the best of the knowledge and belief of petitioner and th t as personal
representative of the above decedent petitioner will well and truly administer the estate according to
law.
f
. Campbell
1 andi Road
Enola, PA 17025
Sworn to or affirmed and subscribed
before me this ~ day of
IJW\J~ ,2005.
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\. r\ n , Re Ister
~vm
No. 11- 05 - D514
Estate of Shirley L.H. Troup, Deceased
DECREE OF PROBATE AND GRANT OF LETTER
AND NOW, \JllNE- g ,lD05 ,in consideratio of the Petition for Probate
and Grant of Letters, satisfactory proof having been presented to me, IT IS ECREED that the
instrument dated 25 June 1998 described therein be admitted to probate a d filed of record as the last
will of Shirley L.H. Troup and Letters Testamentary are hereby granted to J hn L. Campbell.
FEES
Probate, Letters, Etc. ........... $ S(. JeDO.o 0
W.OD
Short Certificates ( ') )..........$
Filed
/5.0-0
la-of)
$ 41O.mj
\.Y W,lE- ~,;21)0~
R .. \rlILL $
8RIdAslatlon....o..........o....o. .
V~p Il kr
TOTAL
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Register of Wills
UAw
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Samuel L. Andes
Attorney-at-Law (I.D. No. 7225)
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
ll<M" 'C' "''' ..' . correctl co ied from an original certific te of death duly filed with
This is to certify that the mformatlOn her\f~enf~~warded !o th~ State Vital Records Office or permanent filing.
Local Registrar. The original certIficate WI e
WARNING: It is illegal to duplicate this copy by photostat or ph tograph.
me as
p
1155940L
No.
/?l~
Fee for thi, certificate, $6.00
Local Registrar
MAY 2 1 Z005
Date
dev2J17
COMMONWEAL1H OF PENNSYLVANIA. DEPARTMENT OF HEAlfH . VITAL RECORDS
CERTIFICATE OF DEATH
NAME Of' OEel!. NtjFnr,~. LaD!--
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SOCIAl SECURITY NUloI8ER
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L.H. Troup
OREOF8lRTH
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t.177
- 24
- 5425
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IaNO OF 8USIHESS/lNOUSTRY
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LICENSE NUMBER
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METHOD OF DIsPOSITION
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WILL OF SHIRLEY 1. H. TROUP
I, SHIRLEY 1. H. TROUP, of East Pennsboro Township, C mherland County,
Pennsylvania, declare this to be my will and revoke all prior wills and Codicils.
FIRST: Tangible Personal Property.
I give all tangible personal property owned by me at my death a d all insurance
poliCies on such property as follows:
(a) In as nearly equal shares as is practicable to those of my chil ren who survive
me by thirty days; provided that if any of my children fails so to surviv me, but is
represented by descendants who so survive me, such descendants shall r ceive, per stirpes,
the share my deceased child or children would have received had he or ey so survived me.
(b) with respect to any item passing under subparagraph (a) to minor, my
Executor (i) may hold and deliver it to the minor at majority or earlier, or deliver it to any
person to hold for the minor; or (ii) may sell it, hold and invest the pro eeds and, at any
time, pay the proceeds to the minor, to the Custodian appointed in thi will or to the
guardian of the person or estate of the minor to hold for the minor, or pply the proceeds
for the minor's benefit for any reason without considering other funds vailable to the
minor. The receipt of any person who receives an item or payment her under shall be a
complete discharge to my Executor.
(c) My Executor shall pay, as an expense of settling my estate, costs of delivering
such tangible personal property, including the costs of packaging, deliv ry and insurance.
SECOND: B.wk Accounts.
I give the proceeds of any account of mine of whatever nature 0 type, including
savings, checking, certificate of deposit or money market, held to my c edit at any
financial institution (or any portion thereof) passing under this will in equal shares to
those of my children who survive me by thirty days; provided that if an of my children
fails so to survive me, but is represented by descendants who so survive e, such
descendants shall receive, per stirpes, the share my deceased child or ch' dren would have
received had he or they so survived me.
THIRD: ~.
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Provided JOHN L. CAMPBELL both survives me by thirty da s and, as the time
of my death, is residing in the real property used by me as my last prin ipal family
residence, I give and devise such real property to my friend, JOHN L. AMPBELL, for
his use and benefit as his personal residence during his natural lifetime or such shorter
period of time as he may elect. The right and privilege hereby given to OHN L.
CAMPBELL, shall be personal to him and him alone and shall not e ire so long as he
pays all costs of maintenance, including taxes, assessments, insurance nd ordinary
repairs, insurance to be maintained for the full replacement value of th property insuring
the interest of the remaindermen as well as himself. In the event ]OH L. CAMPBELL
does not survive me by thirty days or if JOHN L. CAMPBELL vacate the property or
fails to discharge his obligations under this Item Third, this gift shall I pse and my real
property shall pass instead in equal shares to those of the following pers ns living on the
date which is thirty days after the failure or expiration of this gift, as th case may be: my
son, KENNETH G. TROUP, of York, Pennsylvania; my son, RAN Y L. TROUP, of
North Haven, Connecticut; and John L. Campbell, or, if John L. Ca bell is deceased
but his daughter, Tammy A. Powers so survives me, his daughter, T MY A.
POWERS, of Maple Valley, Washington; provided that if either of m sons fails so to
survive me, but is represented by descendants who so survive me, such escendants shall
receive, per stirpes, the share such deceased son would have received ha he so survived me.
FOURTH: ~.
I give the residue of my estate in equal shares to those of the fo owing persons as
survive me by thirty days: my son, KENNETH G. TROUP, of York, ennsylvania, and
my son, RANDY L. TROUP, of North Haven, Connecticut; provided that if either of
my sons fails so to survive me, but is represented by descendants who s survive me, such
descendants shall receive, per stirpes, the share such deceased son would have received had
he so survived me.
FIFTH: Spendthrift Provision.
Until distributed, no gift or beneficial interest shall be subject to anticipation or to
voluntary or involuntary alienation.
SIXTH: Death Taxes.
(a) All death taxes (and interest and penalties thereon) imposed on any property
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passing as a result of my death shall be paid out of my residuary estate.
SEVENTH: Administrative Powers.
My Executor shall have the following powers in addition to thos conferred by law
until all property is distributed:
(a) To retain any real or personal property in the form received nd to sell it at
public or private sale.
(b) To manage real estate.
(c) To purchase all forms of property without being confined to o-called legal
investments and without regard for the principle of diversification..
(d) To exercise any option or rights arising from ownership of i estments.
(e) To compromise claims without order of court or consent of y legatee.
(f) To distribute in cash or in kind.
(g) To employ accountants, agents, investment counsel, brokers bank or trust
company to perform services for and at the expense of my estate and to carry or register
investments in the name of the nominee of such agent, broker, bank 0 trust company.
The expenses and charges for such services shall be charged against pri cipal or income or
partly against each as my Executor may determine. My Executor is ex ressly relieved of
any liability or responsibility whatsoever for any act or failure to act by, or for following
the advice of, such accountants, agents, investment counsel, brokers, b nk or trust
company, so long as my Executor exercises due care in their selection. The fact that an
Executor may be a member, shareholder or employee of any accountin , investment or
brokerage firm, agent, or bank or trust company so employed shall not e deemed a
conflict of interest. Any compensation paid pursuant to this subparagr ph shall not affect
in any manner the amount of or the right of my Executor to receive c . ssions as a
fiduciary.
(h) With respect to the interest vesting in a beneficiary who, in
Executor, is incapacitated by reason of age (other than minority) or .
physical) when such interest vests in him or her: to hold the interest d
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e opinion of my
ess (mental or
. ng his or her
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incapacity and to invest the interest and all accumulations thereon; to pply so much of
the income and principal as my Executor deems advisable for such ben ficiary's benefit for
any reason without considering other funds available to him or her; an to deliver the
balance of principal and income to the beneficiary at such time as he 0 she gains capacity.
In addition, at any time to pay the entire interest to the guardian of th estate of the
incapacitated beneficiary to hold for his or her benefit. The receipt of guardian or such
other person as may be selected by my Executor to receive a distributio under this
subparagraph shall be a full and complete discharge to my Executor.
EIGHTH: Definitions.
(a) The words "Executor," "Guardian" and "Custodian" when us d herein shall
include all genders and the singular and plural as the context may requ reo
(b) When distributing residue to the descendants "per stirpes" of ny individual
under this will, such residue shall be divided into as many equal shares as there are
children of such individual then living and such children then deceased represented by
descendants then living, and each then living child shall receive one sh re, and the share
of each deceased child shall be divided among his or her descendants in the same manner,
repeating this pattem with respect to succeeding generations until all s ares are
determined.
(c) Paragraph headings in this will are for reference only and sh not affect the
meaning, construction or effect of this will.
NINTH: ~.
(a) I appoint such individual or corporation (including a fiducia serving
hereunder) as is designated in writing by my Executor or Trustee as Cu todian for (i) any
beneficiary who has not attained age twenty-one (21) at the time an in erest is
distributable outright to him or her under this Will, and (ii) except to e extent a valid
appointment of a Custodian has otherwise been made, any person who as not attained
age twenty-one (21) at the time an interest is distributable outright to im or her as the
result of my death f rom any other source. Such appointment shall be eemed to be made
under the Uniform Gifts to Minors Act or Uniform Transfers to Min Act then in
effect in:
1. The jurisdiction in which I am domiciled at death, or
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2. The jurisdiction in which the beneficiary is domiciled, or
3. The jurisdiction of an existing Uniform Act custodianship r the minor. The
selection among the foregoing shall be made by my Executor or Truste , in my Executor's
or Trustee's absolute discretion.
(b) If the applicable Uniform Act in the goveming jurisdiction rmits the
postponement of distribution to an age beyond age twenty-one (21) if s directed in the
governing instrument, I hereby direct that distribution shall be postpo ed until the
maximum age permissible under the Uniform Act.
(c) If I am Custodian under the Uniform Transfers (or Gifts) to Minors Act for
any Custodianship property, and no successor has been otherwise appoi ted, I hereby
appoint my Executor (or if my Executor declines to serve, such individ al or corporation
as may be designated in writing by my Executor) to serve as Custodian nder the Uniform
Transfers (or Gifts) to Minors Act for any Custodianship property of .ch I am the
Custodian. Upon written acceptance of the successor Custodianship, y Executor (or
such designee) shall be authorized to take custody of any such property
TENTH: Power of Appointment.
I decline to exercise any power of appointment given to me und r any will, Codicil
or Deed of Trust.
ELBVENTH: Executor.
I appoint JOHN L. CAMPBELL, Executor. If JOHN L. C PBELL fails to
qualify or ceases to act for any reason, I appoint my son, KENNETH . TROUP,
Executor in his place. My Executor shall not be required to post secu ty in any
jurisdiction.
IN WIlNESS WHEREOF, I have hereunto set my hand th s 2-~ day of
/C//y r-: , 1998.
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The preceding instrument, consisting of this and five other type .tten pages, each
identified by the signature of the testatrix was on the date thereof sign , published, and
declared by SHIRLEY L. H. TROUP, the testatrix therein named, as and for her last
will, in the presence of us, who at her request, in her presence, and in t e presence of each
other, have subscribed our names as witnesses hereto.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
( SS.:
)
I, SHIRLEY L. H. TROUP, being the testatrix whose name is signed to the
foregoing instrument, having been duly qualified according to law, do ereby acknowledge
that I signed and executed the foregoing instrument as my last will; th I signed it
willingly; and that I signed it as my free and voluntary act for the purp ses therein
expressed.
/x<
. H. TROUP
Sworn or affirmed to and acknowledged
befo~ me by the testatrix named above this
c2.i"'({.lyof Ch4<!^D~ ,1998. NOTARIAl. SEAl.
~ (j t ~ FRANCES 1: VAUGHN, NoIary PublIc
~ ( ~ ~:'2::~~~9~':
otary P lC
COMMONWEALTH OF PENNSYLVANIA
)
( SS.:
)
COUNTY OF CUMBERLAND
WE, GEORGE A. VAUGHN, III, and DIANE B. JENKIN ,the witnesses
whose names are signed to the foregoing instrument, being duly qualili d according to law,
do depose and say that we were present and saw the testatrix sign and e ecute the
instrument as her last will; that she signed it willingly; that she execute it as her free and
voluntary act for the/urposes therein expressed; that each of us in the earing and sight
of the testatrix signe the will as witnesses; and that to the best of our nowledge, the
testatrix was at the time eighteen or more years or age, of sou d mind, nd under no
constraint or undue influence.
Sworn or affirmed t~d acknowledged
~~ffi;Y~~998
. . \1 14//1L
otary P IC
NOTARIAL SEAl.
FRANCiS T. VAUGHN, NoIary PublIc
Hampden '\Wpy Cumberlancl Co. PA
My Cammlalon ExpIres Aug. 9, 1999
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