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HomeMy WebLinkAbout06-20-78 No. 21-78 31.1 PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY in the Estate of Raymond Y. Herman , deceased. To Richard E. Anderson of Cumberland, in the Commonwealth is Petitioner(s) Qfexthe executQr , Register of Wills for the County of Pennsylvania. named in the Last Will and Testament of Raymond Y. Herman dated September 6. i 977 Decedent was a citizen of the United States and a resident of ~ Np,-, r.lImhp...l~nrl Borough, Cumberland County, Commonwealth of Pennsylvania. Decedent died on the 7th day of June A. D. 19 78 , in the County of , Cumberland , State of ppnMyl,,~n; ~ at the age of 86 years. ~ -~ .xherx. Decedent has not been married and has not had children born to him since the execution of the above described Will. Decedent was possessed of personal property to the value of ;f'ol&;q 000 and of real estate to the value of #' L/o, f7t?t1 as near as can be ascertained; said real estate situated as follows 12 Haldeman Court, New Cumberland, Pennsylvania ~ Therefore, your petitioner(s) respectfully applies for the probate of the said Last Will and Testament and for Letters Testamentary thereon. Dated .JUne I~ 19'7R' ~Rt7st'O~fl€;~ Name and address IJOI/.b.lU:n [)~o.vr- g'anJ:. -r Z;;/H7;/: G _ , of Petitioner(s) 0213 /?7~ JL. ;(/ t:l/VUo 60?9 Pa...; , / I? 10/ COMMONWEALTH OF PENNSYLVANIA ~ ss COUNTY OF CUMBERLAND ALP. /J';nnp/>7' / O./JLJ7" ?z/.n1Z ~.o~ I f}'h,/?/f"AO_I)-'VJoJd,g~+ tzadC. named in above application, being duly according to law say(s) that the statements set forth in this petition are true to the Dauphin Deposit Bank and Trust G.",.. ,../~ m~ ASST TRUST OFFICER best of knowledge and belief. /U...( ./ 1 S;\,0oR J alJ~subscribed before ~;6 19?", Jb~O Register <{f Filed; June 20, 1978 Attorney: !)/lU--<.d 4? ;?~ _" I....~ ~,I . '. '. '. >. IAST WILL AND TESTAMENT OF RAYMOND Y. HERMAN I, RAYMOND Y. HERMAN, now of the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, being of sound mind, memory and understanding do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking and making void any and all wills and testamentary writings by me at any time heretofore made. ITEM I: I direct that my body be interred in my cemetery lot located in the SHOOPS CHURCH CEMETERY grounds, on Jonestown Road, near Harrisburg, Pennsylvania, according to the rites and ceremonies of the Lutheran Church, and that my funeral be conducted in a manner corresponding with my estate and situation in life. ITEM II: Should FLORENCE MAY WHEELER, now of New Cumber- land, Pennsylvania, survive me, then and only in such event, I give and bequeath unto her the sum of Ten Thousand Dollars. ITEM III: I give and bequeath unto my friends DALLAS DICK and his wife, PEGGY, now residents at 1701 Bridge Street, New Cumberland, Pennsyl- vania, or to the survivor thereof, the sum of Five Thousand Dollars. Provided should both predecease me, this gift and bequest shall lapse and revert to the rest, residue and remainder of my estate. .' ,.. ITEM N: Should MORRIS P. HESS, now a resident of Grandview Avenue, Camp Hill, Pennsylvania, survive me, I give and bequeath unto him, the sum of Four Thousand Dollars. ITEM V: Should BENJAMIN YOWLER, (the widowed husband of my deceased sister-in-law, HELEN YOWLER) now a resident of Stuart, Florida, survive me, I give and bequeath him the sum of Five Thousand Dollars. ITEM VI: Should my present housekeeper, ANNE S. MILLER remain in my employ at the time of my death, I give and bequeath her Two Thousand Dollars. ITEM VII: Should my friend BLAIR ClAYBAUGH, now a resident of R. D. 3, Harrisburg, Pennsylvania, survive me, I give and bequeath him Five Thousand Dollars. ITEM VIII: Should my brother-in-law, PAUL R. DRESSLER of 1610 Myrtle Avenue, Camp Hill, Pennsylvania, survive me, I give and bequeath him Five Thousand Dollars. ITEM IX: Should TED WHEELER, son of FLORENCE MAY WHEELER, now residing at R. D. 2, Lewisbury, Pennsylvania, survive me, I give and bequeath him the sum of Four Thousand Dollars. ITEM X: I hereby name, constitute and appoint THE DAUPHIN DEPOSIT BANK AND TRUST COMPANY of Harrisburg, Pennsylvania, as the Executor and Trustee under this my Last Will and Testament. . . ITEM XI: I direct that my debts, funeral expenses, adminis- tration costs and expenses, the ligHts and bequests II in cash as set forth in Items II to IX inc., estate and inheritance taxes becoming due by reason of my death, shall be paid out of my General Estate. My Executor shall have the discretion as to whether such estate and inheritance taxes be paid immediately, or postpone the payment of such taxes on future or remainder interests until possession thereof accrues to the beneficiaries of my Trust Estate herein named. ITEM XII: All the rest, residue and remainder of my estate, real, personal or mixed, of whatsoever kind and wheresoever situate, I give, devise and bequeath unto the Trustee herein named, IN TRUST NEVERTHELESS, to hold, manage, invest and re-invest, collect the income, and after paying the costs and expenses incident to management of said Trust Estate, distribute the income and principal of said estate in the manner, for the uses and with the powers herein- after s ta ted . A. POWERS In addition to, and not as limitations upon any authority and responsibility given to Executors and Trustees, under the law, I expressly authorize and empower my Executor and my Trustee, named herein - (1) To sell, lease, pledge, transfer, exchange, convert or otherwise dispose of, or grant options with respect: to, any and all real estate at any time forming a part of my estate or of this trust estate, in such manner, at such time and times, for such purposes, and for such price and upon such terms, credits and conditions as to said TRUSTEE shall deem advisable. (2) To invest, reinvest, retain, vary, change, purchase or otherwise acquire, whether or not the same was originally a part of my estate or subsequently acquired by my TRUSTEE, any and all stocks, bonds, mortgages, notes or other securities, in- cluding stocks or interest in investment trusts and common trust funds, as to said TRUSTEE shall seem advisable, and whether or not such investments be of a character permissible for investments by Fiduciaries or for Trust funds; Provided nevertheless, that in so doing the TRUSTEE shall exercise due care and prudence, and shall carefully consider and determine which bests serves the interests of my beneficiaries named herein both as to the safety and security of such investment and the probable income to be derived therefrom. (3) To vote, in person or by general or limited proxy, with respect to any shares of stock or other securities held by them; to consent directly or through a committee or other agent, to the reorganization, merger, dissolution or liquidation of any corp- oration in which my estate or Trust Estate may have any interest, or to the sale, lease, pledge or mortgage of any property by or to any such corporation; and to make any payments and to take any steps necessary or proper for my TRUSTEE to take in order to enable my TRUSTEE to obtain benefit from such transaction. .- ..... (4) All stock dividends which shall be received by my TRUSTEE shall be treated as principal, all cash divideads shall be treated as income. (5) To execute and deliver any and all instruments in writing which said TRUSTEE may deem advisable to carry out any of the foregoing powers, and no other party to any such instrument in writing, as signed by said TRUSTEE, shall be obliged to in- quire into its validity, or be bound to see to the application by the said TRUSTEE of any money or property paid or delivered to TRUSTEE pursuant to the terms of any such written instrument.. (6) Whenever in its sound judgment advisable to borrow money for any purpose connected with the protection, preservation, or improvement of my General Estate, or of my Trust Estate, and whenever as security, mortgage or pledge any real estate, or personal property of which I may die, seized or possessed or forming a part of my Trust Estate, and upon such terms and conditions as it may seem advisable. (7) I direct that all shares and interests in this Trust Estate, whether principal or income, while in the hands of the Executor or Trustee shall not be subject to attachment, execution or sequestration for any debt, contract, obligation or liability of any beneficiary, and shall not be subj ect to pledge, as signment, conveyance or anticipation of any such beneficiary, and the personal receipt of such beneficiary shall be sufficient and the only discharge of my Executor or Trustee. B. In the event that either or both of my sisters, EDNA A. HERMAN and DOROTHY HERMAN DRESSLER, now of Camp Hill, Penn- sylvania, shall survive me, I direct and authorize my Trustee to distribute such income as shall accrue from time to time in my Trust Estate (after payment of the necessary current expenses incident to the management of my said Trust Estate) at the times, amounts and uses as hereinafter provided; (a) Should both sisters survive me, then in equal shares to each sister, for and during her natural lifetime, providing, nevertheless that should either sister predecease her sister, her share shall revert to my Trustee for distribution to the three beneficiaries named by me in the following Paragraph C of this, my Will and Testament. (b) Should either one of my sisters predecease me, then I direct and authorize my Trustee to distribute fifty percent (50%) of the said income to the surviving sister for and during her natural lifetime, and the other fifty percent (50%) among the beneficiaries named by me in the following Paragraph C of this, my Will and Testament. (c) I direct and authorize my said Executor and/or Trustee to pay over such respective share or shares of income in semi- annual installments or at such other lesser periods as may ., be deemed more convenient and advisable by my Trustee. C. In the event that both my said sisters shall predecease me, or upon the death of my last surviving sister, I give, devise and bequeath in memory of my late and beloved wife (Dettie) all the principal of my said Trust Estate, together with any and all of the accumulated income thereof, in equal shares unto - The Grand Lodge of Free and Accepted Masons of Pennsylvania For the use and benefits of the Masonic Homes of Elizabethtown. The Shriners Hospitals for Crippled Children, a Colorado Corporation for the use and benefits of the hospitals owned, operated and maintained by said Corporation. The Trinity Lutheran Church, 2000 Chestnut Street, Camp Hill, Pennsylvania (a) In making such distribution of principal and income, my TRUSTEE may in its discretion, distribute property in kind, and/or cause such distributive shares to be of cash, and/or property in kind, and/or fractional shares differing in kind from any other share, so as to assure equality in such total distribution. The TRUSTEE'S decision as to the value of property in kind, shares and fractional shares, shall be binding upon the beneficiaries. IN WITNESS WHEREOF, I have hereunto set my hand and seal to thi.s LAST WILL AND TESTAMENT, written on eight pages, in the Borough of New .t:t, ~ Cumberland, Pennsylvania, this (.; - day of ....S~f'te"'6t'r, A. D., 1977 (SEAL) Signed, sealed, published and declared by RAYMOND Y. HERMAN, the Testator above named, as and for his Last Will and Testa- ment, in our presence, who, in his presence, at his request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses, the day and year above written. >(;1." r, )7) ?,-<,,-c/7" , (SEAL) C /.), r Residing at: ,/ f) L/- ~ -I L (J 6. '11-. Ca-/JJ-P,,) (J. ~ I Po- I /,~ Residing at: :('7.4' 9-fJ Jj-. ~_~"'Q ,_ '-- . R-- J)p~ Residing at: ~10,Y (7f}v.'m~-/ I), u </ / ~ 1t ~ ,,;,.. .G~ 1-.'i6? r: -,,(SEAL) ~J'~9 ~> (SEAL) 5:7/ 4>L1-<:~U./i q / ) /)/ Y <1:. ,-'? //2_ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH 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 ..Ju.e.....m.CU<.e:r.'t'....,...~.r.:).$.t.:.Q.f.f.J.r.~.:r....9.f.................. Deunhln DenosJt ~ank & - Trust Co. who, being duly ......$.:.m:r:n..........., do .......... depose and say that as.........J?~~.9.~.t.9.r..1?................................. of the last Will and Testament of ........b.fJ..~~;.~7:.r.... /...<<((.".~.~t.W....................................deceased .....~.Q.~y............ will well and truly administer the goods and chattels, rights and credits of said deceased according to law. 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