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HomeMy WebLinkAbout08-29-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of VIVIAN KEAST HOFFMAN also known as Deceased. 168-22-6091 Social Security No. No. JI-OS- 7f,Lj To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner is 18 years of age or older and the Executor named in the last will of the above decedent, dated June 9, 2005 and codicil(s) dated [none]. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 112 Green Ridge Lane, Newville, West Pennsboro Township. Decedent, then 84 years of age, died July 12, 2005, at Swaim Medical Center, Green Ridge Village, Newville, 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 of a killing and was never adjudicated incompetent: Decedent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property (Ifnot 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: it/ I L' 6 / t'7r'1J $ un@8tiruated $ $ $ $ WHEREFO RE, petitioner respectfully requests the probate of the last will and codicil( s) presented herewith and the grant of Letters Testamentary thereon. ~~7~~)} ~ ~ Frank J. Hoffman, Jr. 112 Green Ridge Lane Newville, PA 17241 (717) 776-8460 r-- I-=~) ("'.J f.___ c:__ 1..',; , ~ I, ===~~==~~=============================================================== h - OATH OF PERSONAL REPRESENTATIVE Lf~ 2' (--: COl\lMONWK,\L TH OF PENNSYL VANIA ) : SS. COUNTY OF CUMBERLAND ) The petitioner above-named swears or affirms that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner and that as personal representative of the above decedent, petitioner will well and truly administer the estate according to law. ~;~[ ~ ~~~----:r Frank J. H6 fman, ir. No. J J - OS-- Estate of Vivian Keast Hoffman, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, J Lj+YJ HVl vS-r- ;;ZOO), in consideration of the petition on the reverse side I hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument dated June 9, 2005 described therein be admitted to probate and filed of record as the last will of Vivian Keast Hoffman and Letters Testamentary are hereby granted to Frank 1. Hoffman, Jr. Probate, Letters, Etc. Short Certificates( ) Renunciation JJL4 L ~LU,"~~~ " Register of Wills a1~. L GL4L- 5'. f2- ~ ~ Christopher E. Rice, Esquire (90916) ATTORNEY (Sup. Ct. 1.0. No.) MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Will Book # Page FEES TOTAL $ $ $ $ $ Filed F:\FILESIDA T AFILEIEST A TESII 1597.2.lelters.les Thi~. is 10 certify that the information here given is correctly copied from an original certificate of death duly filed with me as Loed Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate. $6.00 LL. ~.~..,,&.-~,~ Local Registrar I""",~~~,"'otpl,t----~_ ""#~'J'.--~ ~5:::i _ ~'- f~_~ \~>. ~~I.. \~~ ~=I .,I..-~ ~ u ~,f~, ; ~ ~ .... \ -.' ,~ "*~' " ~.' ','*~ '-& ~'. . /~l " ~ /~ I' "'- .:{..? ,/&..'i"'/ "'-""" fMENn\ ~ ,."" ..."......,.,.'''''#IIJII1',II "1 ~. ~3 Ej () ~~:~ '-7 j'~. JUL 1 5 2005 No. Date '-j r-J c, (--,~, C.1'1 .: ) I I (-) .) u '. ) ['11 '.'::::J [',,) r....) C) -..l H105. 1-43 Rev. 2187 COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH TYPElPRINT IN PERMANENT BLACK INK STATE FILE NUMBER ~ .~ SEX female ;(1 Aesldence 0 ::cilyl 0 RACE. American Indian, Black, Wlite, at (Spedfy) ,J:'hi te SURVlV1NG SPOUSE (lfwile,gj",emlidlllf1nlme) PA Hoffman Jr. pennsboro twp 17b. Count... Cumberland 17d. 0 ~~h~~U:~~~ of cilyiboro Hoffman Jr. ~:THW~ 111E~i!Oi~~e. MK~lrnamel ~:ORr'r~M~L~1:~'fi'E~Tdetg':ITLnnSI.'N~~~eille, PA 17241 PLACE OF DISPQSITION- Name of Cemetery, Crematory lOCATION. CityfTown, State, Zip Gode :~;ro'liinger Cremtory N.t. ~il~~I~l~~Wr LICENSE NUMBER 5{){pHQ L ~ on <{ :0 <{ c. C1 E. ~ Q E DUE. TO (OR AS A CONSEQUENCE OF) DUE TO (OR AS A CONSEQUENCE OF') VVERE AUTOPSY FINDINGS MANNER OF DEATH AVAILABLE PRIOR TO G}d COMPLETION OF CAUSE Natural Homicide OF DEATH? 0 No [;(" Accident Pending Investigation vesO Suicide 0 Could nol tie determined DATE OF INJURY (Month,Oay,Ve.r) TIME OF INJURY INJURY AT 'NQRK? DESCRIBE HOW INJURY OCCURRED o o -O~O o :~CE OF INJURY -At home, ::~, street, factOry,;~ 30c. buIdInll.ek:.(Specily) 3De. I- Z W o W U W o u. o UJ :; <( z 29. 28a. 28b. CERTIFIER (Check only one) :l~~l~t::tGor~~~e:~s~~rhcg~~~uS:tr:: g.e:tJla~=(~~~~g.a~s ':~~~.~.~~~~~~.~~~~~.i~.~~~.... ........ -PRONOUNCING AND CERTIFYING PHYSICIAN (Physician both pronouncing death and certifying to cause of death) To the best of my knOwledge, death occurred at the time, date, and place, and due to the causes(.) and manner as stated... .MEDICAL EXAMINER/CORONER On the basis of examination and/or Inve.Ugatlon,ln my opinion, death occurred at the time, date, and place, and due to the causes(a) and manner a. stated. ................ .... ..... ........ ............. ........ 31a. REGISTRAR'S SIGNATURE AND NUMBER ~ ~ c-" 33, au- ~. lib..\..~ FIFILESIDAT AFILE\Estate PlanningII1597.1.w.will LAST WILL AND TEST AMENT I, VIVIAN KEAST HOFFMAN, of West Pennsboro Township, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils made by me. 1. I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all death taxes (whether such taxes may be payable by my estate or by any recipient of any property) shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. 2. Ifmy husband shall survive me by thirty (30) days, then I give, devise and bequeath all of my estate, both real and personal property, unto my husband, FRANK 1. HOFFMAN, JR., absolutely. 3. In the event my husband, FRANK 1. HOFFMAN, JR., shall predecease or fail to survive me by more than thirty (30) days, then I give, devise and bequeath all of my estate, both real and personal property, in the following manner: ~- -) a. I give the following specific bequests of cash: :,~ '~-.'l , . (1) The sum of Five Thousand Dollars ($5,000.00) unto First UnitedPresbyterijm Church, Newville, Pennsylvania; ., (2) The sum of Five Thousand Dollars ($5,000.00) unto Clearfield PresbyteTI~n :''''.) Church, Clearfield, Pennsylvania; and (~ (3) The sum ofTen Thousand Dollars ($10,000.00) unto Green Ridge Vilfage Fund, Green Ridge Village, 210 Big Spring Road, Newville, Pennsylvania. b. All the rest, residue and remainder of my estate I give in equal shares unto my children, JOYCE HOFFMAN STINSON, JUDY HOFFMAN SCHMIDT, BARBARA HOFFMAN FISCHL and GARY LEE HOFFMAN, absolutely. :~"J ,.. I - '.'_! () i-"'~l if I!' kH~ [Ini tials] Page 1 of 5 Pages /'" (1) In the event my daughter, JOYCE HOFFMAN STINSON, shall predecease me or fail to survive me by thirty (30) days, and is survived by her husband, DAVID STINSON, then I give my said deceased daughter's share unto her said husband. In the event my said deceased daughter is not survived by her said husband, then my said deceased daughter's share shall be added to the shares of my remaining children as provided in this Item 3. (2) In the event my daughter, JUDY HOFFMAN SCHMIDT shall predecease me or fail to survive me by thirty (30) days, and is survived by her son, ANDREW SCHMIDT, then I give my said deceased daughter's share unto her said son. In the event my said deceased daughter is not survived by her said son, then my said deceased daughter's share shall be added to the shares of my remaining children as provided in this Item 3. (3) In the event my daughter, BARBARA HOFFMAN FISCHL, shall predecease me or fail to survive me by thirty (30) days, and is survived by her husband, CARL FISCHL, then I give my said deceased daughter's share unto her said husband. In the event my said deceased daughter is not survived by her said husband, then my said deceased daughter's share shall be added to the shares of my remaining children as provided in this Item 3. (4) In the event my son, GARY LEE HOFFMAN, shall predecease me or fail to survive me by thirty (30) days, and is survived by his wife, DONNA HOFFMAN, then I give my deceased son's share unto his said wife. In the event my deceased son is not survived by his said wife but is survived by issue, then my deceased son's share shall be held by my Trustee, in trust, for the following purposes: (a) I direct that my Trustee shall hold, invest and reinvest the same, collect the income arising therefrom, and after paying all expenses incident to the management of the trust, to use and apply as much of the income and principal as may be necessary in the sole discretion of my Trustee, in equal shares, for the support, well-being and education of my grandsons, NICHOLAS E. HOFFMAN and ALEXANDER J. HOFFMAN. (b) I direct that each of my grandsons shall have the right of withdrawal of his equal share of the principal of said trust as he attains the age of twenty-five ~MK H [Initials] Page 2 of 5 Pages (25) years. In the event either of my said grandsons shall fail to attain the age for distribution, then his share shall be held or distributed unto his brother under the provisions of this Item 3, b, (4). (c) Prior to the distribution of the principal, my said Trustee shall have the sole discretion to invade the principal of said trust for the support, maintenance and education of the beneficiary, regardless of age. c. To the extent that the same is permitted by law, none of the beneficiaries hereunder shall have any power to dispose of or to charge by way of anticipation any interest given to such beneficiary; and all sums payable to such beneficiaries hereunder shall be free and clear ofthe debts, contracts, alienations and anticipations of the beneficiaries, and all liabilities for levies and attachments and proceedings of whatsoever kind, at law or in equity. 4. I nominate, constitute and appoint my husband, FRANK J. HOFFMAN, JR., as Executor of my estate. In the event my husband shall be unable or unwilling to serve in such capacity, then I appoint my daughter, JUDY HOFFMAN SCHMIDT, and my son, GARY LEE HOFFMAN, as Co- Executors of my estate. 5. I nominate, constitute and appoint my daughter, BARBARA HOFFMAN FISCHL, as Trustee under the terms of this Last Will and Testament. 6. I direct that neither my Executor nor my Trustee, or their successors, shall be required to file a bond to secure the faithful performance of their duties in any jurisdiction. 7. I authorize and empower my Executor and Trustee, or their successors, in their sole and absolute discretion, to purchase or otherwise acquire and retain any investments of which I die seized or any real or personal property of any nature; to sell, lease, pledge, mortgage, transfer, exchange, dispose of or grant options in regard to any or all property of any kind forming a part of my estate for such terms and such prices as they may deem advisable; to borrow money for any purposes connected with the protection and preservation of my estate; to mortgage or pledge any real or v K l-1 [Ini tials ] Page 3 of 5 Pages personal property forming a part of my estate or to join in or secure the partition of same; to compromise any claims or demands of my estate against others or of others against my estate; to make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share; to employ agents, attorneys and proxies and to delegate to them such power as my Executor and Trustee, or their successors, consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; and to execute and deliver such instruments as may be necessary to carry out any of these powers. In addition, I direct that my Executor, or his successor, shall have the power to conduct an inventory of any safe deposit box necessary to the administration of my estate. IN WITNESS WHEREOF I have hereunto set my hand and seal this 9 Wt day of 7~1"l..C- ,02000' 2J~~ ~EAL) Vivian Keast Hoffman SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix, as and for her Last Will and Testament, in the presence of us, who at her request, have hereunto subscribed our names as witnesses thereto, in the presence of the said Testatrix and of each other. C-P- LyL 5 K- :r~,_ d 7"~4lA..... Y- Page 4 of 5 Pages COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) We, Vivian Keast Hoffman, Christopher E. Rice, and H--6-tlk J - H-c ~ tv,'\. Jr . the Testatrix and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her last Will and that the Testatrix has signed willingly, and that the Testatrix executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing ofthe Testatrix, signed the Will as a witness and that to the best of his/her knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. -J~ ka.,J-~ Vivian Keast Hoffman, Testatrix e-eJ,J- ? K- Witness ~f_ r ~~)--- W. C Itness Subscribed, sworn to and acknowledged before me by Vivian Keast Hoffman, the Testatrix, and subscribed and sworn to before me by Christopher E. Rice and 1T~ f ~ :Jf-. the witnesses, this ~ay of Jc:<-rU..- , .;;)Qo~. C~IA~~e~ Notary'Public i NOTARIAL SEAL CORRINE L. MYERS, NOTARY PUBLIC CARLISLE BORa, COUNTY OF CUMBERLAND Wf'( COMMISSION EXPIRES MAY 27, 2007 Page 5 of 5 Pages