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Home My WebLink About07-22-05 '" - Register of Wills of Cumberland County, Pennsylvania PETITION FOR PROBATE AND GRANT OF LETTERS Estate of W. E. Hildebrand No. ,;1.} -05 ~ 0 '55 also known as William E. Hildebrand, Deceased Social Security No. 199-07-9688 Petilioner(a), who laIare 18 years of age or older apply(iea) for. ~ Probate and Grant of Letters and aver that Petitioner(s) is/are the executors named in the Last Will of the Decedent, dated November 25, 2003 and codicil(s) dated nla Stale ~nt circumatancea, e.g., renunciation, death of executor. etc. Except as follows, Decadent did not many, was not divorced, and did not have a child bom or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: nla Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 646 Arlinaton Road. Borouah of Came Hill. Pennsvlvania 17011 (111-' numbor ond munidpoNty) Decedent, then 92 years of age, died June 23. 2005, at Harrisbura Hoscital. Harrisbura. Dauchin County. PA . (Loc:eIIon) 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 Pennsylvania........................................................... $ (If not domiciled in PAl Personal property in County..................................................................... $ Value of real estate in Pennsylvania................................................................................................... $ Total...................... .............. ........................................................... ......... ............................. $ Real Estate situated as follows: 4.000.00 4 000 00 Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters testamentary to the undersigned: Typed or printed name and residence Sara II("Hildebrand 646 A~i~gton Road Cam Hill, PA 17011 James B. Wolfe 5250 Strathmore Drive Mechanicsbur PA 17050 "" <=> <=> c;.n ::0 ::nf-" ,..,,0 GJ I:J 0 -"'::xl ~CJ fT~ rn ::DCJ ~-)l 0 , ., ." o I~ ,." 0') (:) ." .~~ Barbara E. Berkheiser 65 Hellam Drive Mechanicsbur PA 17055 -.J J Commonwealth of Pennsylvania County of Cumberland Oath of Personal Representative The Petitioner(s) above-named swear(s) and 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 persona~ re~entatiVe(S) of the Decedent, Petitioner(s) will well and truly administer the te acco1ir.g~. . - It/ Swom to or affirmed and subscribed , ~ Sara i1debrand before me this ~p( day of Estate of W. E. Hildebrand, Deceased also known as William E. Hildebrami Social Security NO.:1gg..{)N)68& No. ~/-o5 -o~'i5 Date of Death June 23, 2005 AND NOW, (c.ll.; d.b.n.c.l; pendonte lite; durunlO _; duronta mincritete) are hereby granted to Sara y(. Hildebrand. James B. Wolfe and Barbara E. Berkheiser in the above estate and that the instrument(s), if any, dated November 25. 2003 the Petition be admitted to probate and filed of record as the last Will of Decedent. 1l FEES Letters .................................. Short Certificate(s) .. 5:......... Rel"IDriiltiQn ...W~.......... Affidavit ( )......................... Extra Pages ( ) .................. Codicil.................................. JCP Fee ............................... Inventory & Tax Forms ........ Other.....~TMw described in $ $ $ $ $ $ $ $ $ Q9 ..3D. :J(') .Q9 15 av Register of W~ c .. "., ::n j~E~ ...." ::0 ClJ7' CoO ;Q.,., 1D !J} -0 :x ~q~ Peter J. Ressler, Esquire ..... 6844 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 717-232-5000 ~~ ~,M05 .5. !f1) Attorney: 1.0. No.: Sil'h .61 ~~:k ~ TOT AL.................... 428492v1 $ Address: Telephone: DATE FILED: I :2./- ()s - Of05.5 Last Will and T estam.ent p OF w. E. HILDEBRAND C) r-- ,-" ~:o -, :;:;.>...: < ":-' ;~2 (J ,'" -, __..l -Tl ...~~ I, W. E. HILDEBRAND, of the Borough of Camp Hill, Cumbeliand County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. FIRST: funeral shall be paid from my estate. The expenses of my last illness and SECOND: I hereby give and bequeath, absolutely and in fee simple, to my spouse, SARA WOLFE HILDEBRAND, all my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment, provided that if my spouse dies before the thirtieth (30th) day following the day of my death, this gift shall lapse or be divested and I make said bequest to my spouse' living children, to be divided among them as they shall agree. If they cannot agree for any reason, my Executor shall make the decision and its decision shall be final. THIRD: I give and devise the residue of my estate, - real and personal, to the then acting Trustee under my inter vivos Agreement of r Trust dated July 24, 2000 and heretofore executed by me as Settlor and James~. Wolfe and Barbara E. Berkheiser as Trustees, to be added to the principal held thereunder. In any instance where a share in my estate would be distributable to a "" C:':;:) C;::J en <- c:: .- "') N ::'2 ~ In rT,-Q r-j) .) ('/~. <! ----~ _J r7l F,1 :~,:J l:j ~-2 =2, 'I ! .".-;: ;g -.- J ,- - n c; ~ -.I Page 1 ~~/~ beneficiary of such trust when received by the Trustee, my Executor may make distribution directly to such beneficiary. FOURTH: In addition to powers vested in them by law, my Executors and their successors shall have the following powers, applicable to all property held by them, including all property held for minors, effective without the order of any court and until actual distribution of all such property. (a) To retain any property received by them including the stock of any corporate fiduciary acting hereunder; (b) To sell real estate for any purpose, publicly or privately, for such prices and on such terms and as they deem proper, without liability on the purchasers to see to application of the purchase moneys; (c) To compromise controversies; (d) To distribute in cash or kind or partly in each at valuations fIXed by them; (e) To hold investments in the name of a nominee; and (f) To borrow money from and sell property to the trust referred to in Item THIRD hereof even though they are also acting as Trustees thereunder. FIFTH: I appoint my Trustee under the Agreement of Trust referred to in Item THIRD hereof as Guardian to hold for minors all property for which other provision is not made in this Will or said Agreement and which is payable by law to a guardian appointed by my Will. Page 2 t0~/.J SIXTH: All taxes, interest and penalties thereon payable by reason of my death with respect to property comprising my gross estate, whether or not passing under this Will, shall be paid from the principal of my residuary estate, provided however, that my Executors may call upon the trust referred to in Item THIRD hereof to pay such taxes, interest and penalties attributed to the extent the amount distributable to such trust under Will before taxes. Taxes on future interests may be prepaid. SEVENTH: Any beneficiary hereunder who dies at the same time as me, within ten (10) days of me, or under circumstances wherein it shall be difficult or impossible to determine who died first shall be presumed to have predeceased me. EIGHTH: I appoint my spouse, SARA WOLFE HILDEBRAND, and my spouse's children, JAMES B. WOLFE and BARBARA E. BERKHEISER, or the survivors of them, as Co-Executors of this my will. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ]...~y of AJu1/Fl.lf;t.f!J1VL- ,2003, to this page and also to each of the preceding two (2) pages, and I have also placed my initials on each preceding page for better identification and greater security. ,4/jC ,,~/.~ (SEAL) W. E. HILD RAND " SIGNED, SEALED, PUBLISHED and DECLARED by the above-named Testator, W. E. HILDEBRAND, 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 witnesses: ---P~ Q.. e,.. ..~~~ ~ E ~~4f,..~ Residing at ~Cld ~ l!- 'h~.t4 .>.-.-G--y \, c.... ~/ Residing.t-~f' 7~tf: ~: I ACKNOWLEDGMENT COMMONWEALlH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND I, W. E. HILDEBRAND, 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 and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ~~~ ~/~~ ~ (SEAL) W. E. ILDEBRAND " AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF CUMBERLAND We, P~~--<1J~~and ~ \Vrl-h~~,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, W. E. HILDEBRAND, sign and execute the instrument as his Last Will and Testament, that Testator signed willingly and that he executed said Will as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as Witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. - p~ 1 e 4.4_--tiJlO Witness --. ~ Witnes~ '"'-!. -E ' .~ .' . ACKNOWLEDGMENT COMMONWEALTH OF PENN8YL VANIA 88.: COUNTY OF DAUPHIN On this, the 0lJ'D'i day of fJ ~ , 2003 before me, a notary public, the undersigned officer, personally appeared PETER J. RESSLER, lmown to me or satisfactorily proven to be a member of the bar of the highest court of Pennsylvania, Supreme Court ID Number 6844, and certified that he was personally present when the foregoing aclmowledgment and affidavit were signed by the Testator and the witnesses. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~tv~ N Public My Commission Expires: (SEAL) NOlIrial Seal loaD B. Brolben, Nowy Public S~d:ion Twp., Dauphin County .., . n I!xpirea l>eb. 12. 2006 MlImb8r, P81. IIJIV8IIIIlA88oclallOrlolNolarle8 383498vl