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HomeMy WebLinkAbout06-28-05 .,"0" , '. . . , . , . " . '. Register of Wills of Cumberland County Estate ofj:lJllk'hAJ N. also known as PETITION FOR PROBATE and GRANT OF LETTERS PC/t"/N/JE- No. To: oV -0 S"- S-Y '7 Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania , Deceas.eg" Social Security Nod '5;('-1 tJ - :Ja..l/ cY The petition of the undersigned respectfully represents that: Your petitioner(s), fi,is/are 18 years of age or older, and the execu~ named in the last will of the above decedent, dated ~ / f / ~ &? tJ,tJ / , 20 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Ctr' /n be' /2 I,I'J /lI Ll ~/ .FJ/,,'/c- (list street, number and municipality) Decedent, then ~ years of age, died /?J /J j/ ?' , 2o.d'..r:, at OJ d' h 'r / C:. h Except as follows, decedent did not marry, was{,ot 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: County, Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (lfnot domiciled in Pa.) Personal property in Pennsylvania (If not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: ff-J: OeJO, 00 $ - 0 $ b $ 0 WHEREFORE, petitioner(s) respec fully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters . '/c'.c (testame ry; administration c.La.; administration d.b.n.c.t.a.) JI' r ofPetitioner(s Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLV ANIA } 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 ofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Swom to or affirmed and subscribed Before me this ,;;; gp );(/>1 , day of ,20 005' { WIJm-Jnjfw. Tr(A.,~ ('rn~""~ j t e)': ~~ Id. tJdA: j, V C/O qQ. " ~ Ei n S kJbAUe/, 7~ ~fU-<-- Register).~ ~ No. c::</-o ;)' tt67 ~'W. Estate of 2 ~$I-"-Vi'-<LV , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW hereof, satisfac ory -r'J rd FEES Probate, Letters, Etc. ... Will,.., 4 &0 ~ Hi <W Short Certificates (/0) '..,........ JCP".."..,.....,.....,....".,.... $ ..............,." $ Renunciation....................... $ $ $ Automation Fee. ................. $ Bond. ..;;;~I=.." ~ .1,30 at> /?/~)~_;?:?c2y Filed 9u~ ~?tI<- 201J5 < ---- Phone ~W~~~ 40 Q;:> 10 IUJ Ss:lt' /tJ/7/1/HOd/ JYr"'e/ )I);s:z;? /]' ht//"j- h / ?/.1,7Z Last Will of OJ.. / - 0 5 - !)~ 7 MARTIN W. ZICKEFOOSE I, MARTIN W. ZICKEFOOSE, of Wilmington, New Castle County, Delaware, make this Will and revoke all of my prior wills and codicils. Article One My Family I am not now married. The name and birth date of my children are: MARY JO SMITH, born October 18,1934 MARGARET MAE THOMAS All references to my children in my will are to these children, as well as any children subsequently born to me, or legally adopted by me. /YJ tu'J Page 1 Article Two Distribution of My Property Section 1. Pour-Over to My Living Trust All of my property of whatever nature and kind, wherever situated, shall be distributed to my revocable living trust. The name of my trust is: MARTIN W. ZICKEFOOSE, sole Trustee, or his successors in trust, under the MARTIN W. ZICKEFOOSE LIVING TRUST, dated July 16, 2001, and any amendments thereto. Section 2. Alternate Disposition If my revocable living trust is not in effect at my death for any reason whatsoever, then all of my property shall be disposed of under the terms of my revocable living trust as if it were in full force and effect on the date of my death. Article Three Powers of My Personal Representative My personal representative shall have the power to perform all acts reasonably necessary to administer my estate, as well as any powers set forth in the statutes in the State of Delaware relating to the powers of fiduciaries. I hereby grant to my personal representative with respect to any and all property, whether real or personal, which I may own at the time of my death or which shall at any time constitute part of my estate, the following posers in addition to those conferred by law: A. To retain any such property as an investment without regard to the proportion which such property or property of a similar character, so held may bear to the entire amount of my estate, and whether ~ Page 2 or not such property is of the class in which fiduciaries are authorized by law or rule of court to invest trust or estate funds. B. To sell and convey any such property at either public or private sale, for cash or on credit. C. To invest and reinvest in property of any character without regard to the proportion which such property or property of a similar character, so held, may bear to the entire amount of my estate. D. To manage any real property in the same manner as if the absolute owner thereof, including, without limitation, the power to insure said property against loss or other casualty, and to make ordinary and extraordinary repairs to the property. E. To borrow money for any purpose, including, without limitation, for the payment of any taxes payable by my estate. F. To exercise any stock options owned by me at the time of my death. G. To determine whether to claim deductions available to me of to my estate on estate tax or on income tax returns and to determine the date upon which to value my estate for estate tax purposes. H. To join in or consent to income and gift tax returns filed with or by my surviving spouse and to pay any part or all of the income or gift tax due upon such tax returns. Article Four Payment of Expenses and Taxes and Tax Elections Section 1. Cooperating with the Trustee of My Living Trust I direct my personal representative to consult with the Trustee of my revocable living trust to determine whether any expense or tax shall be paid from my trust or from my probate estate. m ;AJ_~ o Page 3 I Section 2. Tax Elections My personal representative, in its sole and absolute discretion, may exercise any available elections with regard to any state or federal tax laws. My personal representative shall not be liable to any person for decisions made in good faith under this Section. Section 3. Apportionment All expenses and claims and all estate, inheritance, and death taxes, excluding any generation-skipping transfer tax, resulting from my death and which are incurred as a result of property passing under the terms of my revocable living trust or through my probate estate shall be paid without apportionment and without reimbursement from any person. However, expenses and claims, and all estate, inheritance, and death taxes assessed with regard to property passing outside of my revocable living trust or outside of my probate estate, but included in my gross estate for federal estate tax purposes, shall be chargeable against the persons receiving such property. Article Five Appointment of My Personal Representative I appoint WILMINGTON TRUST COMPANY to be my personal representative.! direct that my personal representatives not be required to furnish bond, surety, or other security. I have initialed all of the pages of this Will, and have signed it on July 16, 2001. >>)~ tJ~k~~ MARTIN W. Z FOO The foregoing Will was, on the day and year written above, published and declared by MARTIN W. ZICKEFOOSE in our presence to be his Will. We, in his presence and at his request, and in the presence of each other, have attested the same and have signed our names as attesting witnesses the nJ tr{j Page 4 day and year last above written, this attestation clause having been first read aloud. We declare that at the time of our attestation of this Will, MARTIN W. ZICKEFOOSE was, according to our best knowledge and belief, of sound mind and memory and under no undue duress or constraint. '1 ~ ~~wA ' WITNESS I Address: N e0 ~C \ b 6 \ ~ TNESS Address:~~ ~ ~ Page 5 STATE OF DELAWARE ) ) ss. ) COUNTY OF NEW CASTLE We, MARTIN W. ZICKEFOOSE, tl,',r,p,.d1. A. ~". v-u <.. \( , and ~ diA Le\/lhSvv-.. ,the Testator and the witnesses, respectively, whose names are signed to the foregoing Will, having been sworn, declared to the undersigned officer that the Testator, in the presence of the witnesses, signed the instrument as his last Will, that he signed, and that each of the witnesses, in the presence of the Testator and in the presence of each other, signed the Will as a witness and that the Testator executed it as his free and voluntary act for the purposes therein expressed; and that each of the witnesses stated to me, in the presence and hearing of the Testator, that such person signed the Will as witness and that to the best of such persons knowledge, the Testator was eighteen years of age or over, of sound mind, and under no constraint or undue influence. ~/-t:!vt uJ~~rJ(' r~ MARTIN w. ZI FOO ~ Q ,k P- A ~-----.J( WITNESS ./ ~ESS - ~ Subscribed and sworn before,-llle by MARTIN W. ZICKEF~OSE, the Testator, and by i (.7.~cf1-. A,. ~M...."'~LIl. and Arrl Co (<"v,,,, I"'" , the witnesses, on July 16, 2001. ,~ PUBLIC My commission expires: Ui\h...:i"j;~i:. L LEViNSON I,HORNEY-AT LAW ,tfd by Supreme Court of Delaware to " ,:-j ice law and authorized to perform ',',J ,:;;b pur5uant to 29 DeL Code, Ch. 43 ./tJ/'/} Page 6