Loading...
HomeMy WebLinkAbout05-18-78 No. 21-78 PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY "SC'" ((J . ,::) in the Estate of J. W. HERTZLER , deceased. To Richard E. Anderson, Register of Wills for the County of Cumberland, in the Commonwealth of Pennsylvania. Jt~ Petitioner(s) are the execut ors named in the Last Will and dated January 12, 1978 resident of Testament of J. W. HERTZLER Decedent was a citizen of the United States and a ~p Borough, Cumberland Carlisle County, Commonwealth of Pennsylvan ia. Decedent died on Monday the first Cumberland A. D. 19 78, in the County of Pennsylvania at the age of 70 Xh~K ~a~ 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 Unest. and of rea I estate to the va I ue of Unest. as near as can be ascertained; said real 256 Belvedere Street, Carlisle. Pennsylvania 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. DClted May 11 1978 Name and address of Petitioner(s) "" (/ Carlisle, Pennsylvania 17013 COMMONWEALTH OF PENNSYLVANIA! ss COUNTY OF CUMBERLAND Samuel B. Hertzler & John W. Hertzler, Jr. named in above application, being duly say(s) that the statements set forth sworn according to law In this petition are true to the best of their knowledge and belief. me,~ 1978 Richard E. Anderson, Register Sworn and subscribed before . &' r' Ie Attorney: KRAMER & KRAMER Filed~ Hay 18, 1978 J J- 7x- ~ ,:JS'6 / /J_ //~"" - P- OATH OF PERSONAL REPRESENTATIVE COMM. ONWEALTH 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 ...:??:~,t.;l.C::~...~:....?~~.~~.+.C::!.'...~...'!.?0.9:..Y!.:...~.';.!.':t:.~~~.~"....c!.!.':. who, being duly .........~;.y.~r.F.1........, do .......... depose and say that as......~.J:\~~.l};~~.~.~..................................... of the last Will and Testament of ............ ....J..~...W.~.JP;:.~');'.~.~~~............................ ....... ..... ........... .......deceased .~!?-.~Y................ 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. .........R.~~r.>>........ and subscribed before me. 78 .. A. D., 19............ co ,......" ! .... ~ o z .s !;1j +" 00 ~ :~ co: :0) :00 ['--. :!;1j 0) :~ .-;~ :0) :0 u.. co: 0::: 1>-: W 0 "'*!::: :8 0:::: < 0::: w: ~ ~ -.J ~: 0 N: 0 c<:5 -.J 8: ~ 0:::: ...... co: 0::: ...... .-1: - w: ...... 0: W ~ ::r:: ~ 8: :8 ~ ~: ~ < .. 0::: ::s: ...... ct1: ~ "'t:l co: \e-ot. 0) ~: '. "'t:l v\: f-.J: ~ ~: 0 "1t::: u 0) ~ 0) "'t:l "'t:l b.O 0) ...... ~ !;1j ...... cd ~ ~ DECREE h"'l .&;"J... \.,I'j C:~ o Z Be it remembered that on the ......f:..~.~h-......... day of .................J;1~y........................., A. D., 19 .7.{:}..., there was probated and recorded the last Will and Testament of .......J..~..~......?~t.~~.+.~r......................................., late of ...............f.?r.f.-J~.:!-.~.........................................., Cumberland County, Pennsylvania, Deceased. Letters ................. .........~.~.~~.~.~~:?:~~~.:r.. were granted to .....................~.~~.~~~...~.~...~~.::.~::.~-.:. ::... and John W. Hertzler, J Witness my hand and official seal the day and year aforesaid. ....66 OATH OF SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA l ss: COUNTY OF CUMBERLAND \ This........................ ........... ~.~.~~. .... ....................... day of................. ..r1.9-.Y...... .................... ............. A.D., 19..7. .$.., 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 .............. Wm. A. Kramer, 2nd and Cheryl A. Martin ................................................................................................................................................................................... the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of ...... ...... ........ .......... ..~.: ...~.:... ~.~~.~.~ ~~.~..... ............ ........ .......... Dated ..~. ~~.~~::X... .~.? ?...~ ~?~.. late of........... ....t.h~...f?5?:r.~ y.gh...9. r.. .9.~;r;'J;i; .s>J ~......... .......... .............. ....... Cumberland County Pa., deceased who being duly .......R.~R;r;'.n........................ according to law, depose and say, that ........t.h~y...Wg.f.~............ present, and saw and heard the testa..t .9.f...... .................., J..~.. .W.~...H~.:R?:'.Z.LE.B... .................. .......... ...... ........ sign, seal, publish, pronounce and declare the said instrument of writing as and for h.1.9........... Testament and Last Will, and at the time of so doing ................~::.............................was of sound and disposing mind memory and understanding, to the best of ....................tl).~;l;.:r...............knowledge, observation and belief. Sworn ............................................... .........w.!!!..A.;.~r~................ / ., / // ................ i.'..,..... ...........,:................................................ ..'.,;,:..". ~.................................................. Richard :E. Anderson, Register AFFIDAVIT OF DEATH COMMONWEALTH OF PENNSYLVANIA l ss: COUNTY OF CUMBERLAND ~ ... ...S. .!;~~~.~...~.:... ~.~~~.~.~~.~. .............. ........... ....... .............. ........ ..being duly ..............."..................................... .. ...........~:-!.?~~.......................... says that as nearly as can be ascertained the said decedent .......................... J. W. H.~ ~.~. ~ ~.~.~.. ...................... ...... ........ ...... ...... ................ .......... .died on ...................................................................... Mon day..... ............... the .. .... ..f.~ r.~.t...... ...... day of ............ ...r1.?:y...... ....... .............. ..... A.D., 19.1.~.., ............................. at or about .................?.:..9.9................. o'clock, R.:M. .... ............ ...... :?~S:~.~...... .......... ..and subscribed this ............ ........ ~.~.~~..... .............. day of ...... ~.<;J;:y'...... ..... ...5~....Q,......f.t;tQ0.......... ~~ ~"""- ................................................................................... Richard E. Anderson, Register ...~~ LAST WILL AND TESTAMENT I, J. W. HERTZLER, or the Borough or Carlisle, Cumber- land County, Pennsylvania, being or sound and disposing mind, memory and understanding, do hereby make, publish and declare this as and ror my Last Will and Testament, hereby revoking and making void any and all prior Wills, Codicils or writings in the nature thereor by me heretofore made. FIRST: I order and direct my Executors hereinarter named to pay all or my just debts, funeral expenses, testamentary expenses, and all Inheritance, Estate, Transrer and Succession Taxes as soon as may be conveniently done after my death, out of my residuary estate. SECOND: I hereby give and bequeath to my beloved wife, Ardelle M. Hertzler, all my tangible personal property such as household furnishings and furniture, jewelry, automobiles, clothing and all other articles of personal and household use THIRD: The number or shares or common stock of J. P. Bixler & Sons, Inc. owned by me at the time or my death, shall be reduced as set forth in the Agreement entered into by J. P. Bixler & Sons, Inc. and me requiring the corporation to purchase from my estate a sufficient number of shares ror the exclusive and sole purpose of providing funds to be utilized by my estate for Inheritance, Estate, Transrer and Succession Taxes and other expenses associated with the settlement or my estate as provided for in Section 303 or the Internal Revenue Code governing Buy-Back Agreements between stockholders or a close corporation and the co~poration ror such purposes. FOURTH: All the rest, residue and remainder of my estate, be it real, personal or mixed, or whatsoever kind and wheresoever situate, I hereby give, devise and bequeath as rollows: I 'c C- .' i /. 'v t- r.c. {, c~ 1...,.... .'v' Ii- "">t:'Q (a) If my beloved wife, Ardelle M. Hertzler, survives me, I hereby give her the portion thereof equal in value to the maximum marital deduction allowable in my estate for pur- poses of determining the Federal Estate Tax, less an amount equal to the aggregate value for Federal Estate Tax purposes in my estate of property and interests in property passing or which have passed to her other than under this section and with respect to which a marital deduction is allowable for such purposes. If, after giving effect to this gift, no Federal Estate Tax would be payable by reason of my death, then this gift shall not exceed the minimum amount resulting in no such tax being payable. (b) The balance then remaining, I hereby give to Samuel B. Hertzler and John W. Hertzler, Jr., IN TRUST,NEVERTHELESS. The net income therefrom shall be paid in quarterly installments, or more frequently if desired, to and for the use and benefit of my said wife, Ardelle M. Hertzler, for and during the term of her natural life, and as much of the principal as the Trustees, from time to time in their sole discretion, may deem desirable for my said wife's health, maintenance and support either shall be paid to her or shall be applied directly for her benefit by the Trustees in order to maintain her in accordance with the standard of living to which she has become accustomed at the time of my death, after taking into consideration any income available to or for her for such purposes from all sources known to the Trustees. In the event that for the purposes of the Trust it shall become necessary for the Trustees to sell shares of stock in J. P. Bixler & Sons, Inc., which I own at the time of my death, they shall first offer such shares to the corporation at the value finally determined in my estate for Federal Estate Tax purposes. In the event that the corporation shall not desire to purchase '- ( i.. ~- (. /;. ) ( \.- -2- ,..... ~...."'.c"Il :3uch shares ~ such shares shall then be offered to my sons, Samuel B. Hertzler and John W. Hertzler~ Jr.~ equally. In the event that only one of my sons shall desire to purchase such shares~ he shall have the right to do so before same shall be offered to third persons. The options herein contained shall be consecutive and shall each be exercised within sixty (60) days of the receipt of written notice by the Trustees of their intention to sell said E:tock. Upon the death of my beloved wife~ the balance of the Trust then remaining shall be divided absolutely and outright between my two sons, Samuel B. Hertzler and John W. Hertzler~ Jr.~ in equal shares~ share and share alike. FIFTH: The interest of any beneficiary under this~ my Last Will and Testament, or any Trust created hereby shall not be subject to assignment, alienation, pledge, attachment or claims of creditors of such beneficiary and may not otherwise be voluntarily or involuntarily alienated or incumbered by such beneficiary, except as may be otherwise expressly provided for herein. SIXTH: I hereby give and grant to my Executors and Trustees and their successors, hereinafter sometimes called my "3iduciary" or "Fiduciariesti the following powers, duties and discretion in addition to those now or hereafter conferred by law to be exercised in any capacity to which such powers may be applicable, and in the best interest of my beneficiaries: (a) To have sole custody of all securities~ papers, personal property and cash comprising my probate or trust estate; (b) To hold, manage~ possess and control the pro- bate or trust estate for the uses and purposes herein set forth; (c) To retain as an investment for the trust estate, any and all property, real~ personal or mixed~ received by ,r j /'~.' lC ) ( 'j" ( ; ~. "'- '/ . -3- """* r-, J""'- the Trustees by transfer, devise, or bequest, or any undivided interest therein, regardless of any lack of diversification, risk or nonproductivity except that the Trustees shall not have or exercise said powers to the extent that the marital deduction for the purposes of the Federal Estate Tax may be disallowed; (d) To sell at public or private sale, to exchange, to lease, to pledge, to mortgage, to transfer, to con- vert or otherwise dispose of, grant options with respect to, any and all property, real, personal or mixed, at any time forming part of my probate or trust estate, in such manner, at such time or times, for such purposes, for such prices and upon such terms, credits and conditions as they may deem advisable except as provided to the contrary herein. (e) To borrow money from any person or institution for any purpose connected with the protection, preservation or improvement of my estate or of the trust or trusts; (f) To cause any securities or other property, real, personal or mixed, belonging to my estate or any trust, to be held or registered in the name of anyone or all of my fiduciaries, or in the name of their nominee, or in such other form as they deem best, without disclosing the trust relationship; (g) To assent to, join in or vote in favor of any merger, reorganization, voting trust, plan, lease, mortgage, con- solidation, exchange or foreclosure of any corporation or other investment .in which the probate or trust estate may hold stocks, bonds or investments; (h) To vote in person or by general or limited proxy with respect to any shares of stock or other investment held by the probate or trust estates; r.. c::: .~.t V L <-,. (~< (j -4- ~r''''