HomeMy WebLinkAbout09-07-78
No. 21-78 471-_
PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY
in the Estate of
Marian E. Freeman
, deceased.
To Richard E. Anderson, Register of Wills for the County of Cumberland,
in the Commonwealth of Pennsylvania.
is
Petitioner(s) CIAJ the execut or named in the Last Will and
Testament of Marian E. Freeman dated Julv 3. 1975
Decedent was a citizen of the United States and a resident of
~
Shippensburg Borough, Cumberland County, Commonwealth
of Pennsylvania.
Decedent died on
Wednesday
the q 1"h
day of AU81.W t
A. D. 19 78, in the County of Cunberland
State of
Pennsylvania at the age of 69 years.
~ ~ her
Decedent has not been married and 11-05' not had children born to ~
since the execution of the above described Will.
Decedent was possessed of personal property to the value of
$5.000.00 and of real estate to the value of
None
as near as can be ascertained; said real
estate situated as fol lows
~
Therefore, your petitioner(s) respectfully applies for the probate
of the said Last Will and Testament and fetters Testam ntary thereon.
Dated
Name and address
of Petitioner(s)
Albert W. Freeman
76 W~s~ Kini Street
Shippensburg, Pennsylvania
COMMONWEALTH OF PENNSYLVANIA!
ss
COUNTY OF CUMBERLAND
Albert W. Freeman
6%
named in above application, being duly sworn according to law
say(s) that the statements set forth in this petition are true to the
best of his knowledge and bel~;?J ~ ) y
Sworn to and subscribed before ~~~
me, seVf2JLA1A1'~978 _
Richard E. Anderson, Register
Filed~
c;? /-7?-~7jL
Sep tember 7,
/o-Ip"~-/
1978
Attorney:
Mark & Weigle
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA J
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 ....... .~1.1??r.~.. .~1.~. ..Er.~.~!R?!:l..... ............ ................ ......................
who, being duly ....~!:J:~r.1?:............, do~.?....... depose and say that as...............~~~.~:-?-.tRr...............................
of the last Will and Testament of ..........................~r.~~~.~~~..!:.......~~::.~.~!:;r:::.......................................deceased
........t~............. 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.1?:............ and subscribed
before me.
.............~.~r~J.~.~~!?.~~.J..... .......~..'. A. D., 197.~..........
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Richard E. Anderson, Register
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Be it remembered that on the ......}.~.~.......... day of ................~.~I?~~.~~~r............, A. D., 19 7.?...., there
b ted d d d th I t W'll d T t t f Marian". Freeman
was pro a an recor e e as I an es amen 0 ............................................................................,
I te f Shinpensburg. C b I dC t Pl' D ed Le
a 0 ............................................................................, urn er an oun y, ennsy vanIa, eceas . tters
.................... '!-:.~.~. ~ .~.~~!?-. ~ ~ .Po.Y........ were granted to ...................;~ .~. ~ ~ X: ~.. ~'~:... .f.r.~.~.~f!.J:l:...........~........... .... .....
Witness my hand and official seal the day and year aforesaid.
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Richard E. Anderson, Register.
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OA TH OF NON-SU BSCRIBING WITN ESS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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This ............../.;(t/........................ day of ...~.~U?J~.............
A. D. 197 .~...., before me, ....IH-.c;l1.E!F.4.1!i:..-Wl9!:H.J'!'?P............................................ Register for
the Probate of Wills and Granting Letters of Administration in and for the county of Cumberland,in
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the Commonwea,~t~ of Pennsylvania, personally came ..f........ . .....;.:.... ...........
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. ..&;1~. ...j. .~\-C:<'t~.. .1....4.~.. ..lA;b~:.................................. who bein g duly
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the handwri tin g of ... .J:1A.rhM.~,. .f;t;e~:QIAlJ......................................... ,.................................
whose name is attached as .........r.~.~t7.t.Qj,~................................to an instrument of writing
purportedto be ................................................................... the Last Will and Testament of
. . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . .~t';[.a.t\ . E,. . .EJ::eama.u. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . ;
late of..... ........... ... .... .ftQhQJ.\ib.. R:f..Sl\:t.P.PMMUt'g... ..... ............ ... ........................., deceased
and that the said signature is true and genuine, and that the said ..la~Q.uelyP..Wat.e~...Mn.W.q.t.ters,
are
..~ .1...lJ~.i,l;l,Q~..l-~e... ........ ...'..... .......... jlit~ absent. ...... .......... .... ......... ...... .....
...,.......?~9.:r:n..............and subscribed b.efore me,
thi s....................... ..?~h-....................... day of
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Register
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Deputy Register
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WILL
OF
MARIAN E. FREEMAN
I, MARIAN E. FREEMAN, of Shippensburg, Pennsylvania, being
of sound and disposing mi..."ld and memory, do make, publish and declare
this to be my 'Will, hereby revoking any and all prior \Vills and Codicils
made by me.
ARTICLE I
Personal Effects
I give and bequeath any and all of my automobiles, household fur-
nishings, books, pictures, jewelry, watches, wearing apparel and all other
articles of household or personal use or ornament that I own at the date of
my death, together with all property and casualty insurance policies that
are in force at the date of my death with respect to any of said property, to
my husband, ALBERT W. FREEMAN (hereinafter referred to as my
"husband"), if he shall survive me by thirty (30) days: but if he shall fail
to so survive me, then to my sons, WILLIAM ALBERT FREEMAN and
ROBERT AR THUR FREEMAN, who shall survive me by thirty (30) days,
to be divided between them by my Executor in shares of substantially equal
value, having due regard for their personal preferences, without adjustment
in the event any said son shall receive under this Article property of greater
value than another son.
ARTICLE II
Residuary Estate
2. 1 If Husband Survives. I give, devise and bequeath to my
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husband. if he shall survive me by thirty (30) days. all the rest. residue
and remainder of my estate. of whatever kind and character. whether real
or personal and wheresoever located. that I shall be entitled to in any way
or that I shall have any interest in at the date of my death. including any
and all lapsed bequests or devises hereunder (but excluding any property
over which I may have a power of appointment. it being my intention not to
exercise any such power by this Article). all of which is hereinafter referred
to as my "residuary estate".
2.2 If Husband Does Not Survive. If my husband shall fail to
survive me by thirty (30) days. then I give. devise and bequeath my residuary
estate to the then acting Trustee or Co-Trustee of the Residuary Trust. or
any successor trusts (hereinafter referred to as the "trust"). created under
the Albert Freeman Revocable Trust. heretofore executed. by and between
my husband. as Grantor. and my husband and myself. as Co-Trustees. to
be added to and become a part of the trust estate of the trust. and to be held.
administered and distributed pursuant to the provisions of said Trust Agree-
ment as it shall have been last amended by my husband before his death.
2.3 Alternative Disposition. If my husband shall fail to survive
me by thirty (30) days and if. on the date of distribution of my residuary
estate. the trust shall not then be in existence. or if. for any other reason.
the gift. devise and bequest to the trust shall fail. then I give. devise and
bequeath my residuary estate per stirpes to my descendants who shall
survive me.
ARTICLE III
Executor
3. 1 A~pointment of Executor. I hereby appoint my husband as
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Executor (hereinafter referred to as my "Executor") of my Will. My sons
jointly or the survivor of them shall be successor Executor.
3.2
Debts. Taxes and Treasury Bonds.
My Executor shall payout
of the principal of my residuary estate all of my debts (except those secured by
mortgage. lien or other encumbrance and not due and payable at the date of my
death. unless otherwise provided herein). funeral expenses and costs of admin-
istration. including ancillary administration. My Executor shall also payout
of the principal of my residuary estate. or make deposits therefrom to secure
payments. all estate. inheritance. transfer and succession taxes. including any
interest and penalties thereon. that may be assessed by reason of my death
(hereinafter referred to as "death taxes"); provided. however, that if there
shall be in existence a trust named and described in Article II hereof. and if
such trust shall own at my death United States Treasury Bonds that are re-
deemable at par value in payment of Federal estate taxes, then such Bonds
shall be used to pay any Federal estate tax due before any asset of my probate
estate is used, and ,my Executor shall make written demand of the Trustee to
deposit such Bonds. to the extent useable. directly or to pay over the amounts
thereof to my Executor, without re,imbursement from my residuary estate to
said trust. I hereby waive on behalf of my estate any right to recover from any
person. including any beneficiary of insurance on my life. any part of any death
taxes so paid. including any death taxes which are paid with respect to any prop-
erty over which I have a power of appointment. My Executor shall not reimburse
any person interested in any insurance policy on account of the application of any
of the proceeds or surrender value of such policy in satisfaction of any indebted -
ness'to which such policy is subject. nor shall said persqn be subrogated to the
rights of the creditor in any collateral because of such indebtedness. If my
Executor shall be compelled at any time to pay any death taxes with respect to
my estate, my Executor shall be entitled to be reimbursed from the property of
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my estate. or if the property of my estate be then insufficient or if my estate be
then distributed. my Executor shall be reimbursed by the person or persons to
whom such property shall have been distributed to the extent of the amount re-
ceived by each such person. . My Executor. before making any distribution of
either income or principal from my estate. may require an undertaking by said
person or persons in form satisfactory to my Executor to reimburse him for all
such taxe's. including any interest and penalties thereon. or my Executor may
withhold distribution pending release of any tax lien or the determination of any
tax controversy.
3. 3 Exculpatory Clause. My Executor shall not be liable for any
loss to my estate occasioned by acts in good faith or in his reliance on an
opinion of counsel in the administration of my estate and. in any event. my
Executor shall be liable only for willful wrongdoing or gross negligence.
3.4
Executor's Compensation and Expenses.
My Executor shall be
entitled to receive from my estate a fair and just compensation for services
rendered as Executor and my Executor shall also be reimbursed for all reason-
able expenses incurred by him in the management. protection and distribution
of my estate.
3. 5 Executor I s Powers. L'1 addition to the powers conferred by law
upon executors. and not by way of limitation thereof. my Executor is hereby
authorized in the sole discretion of my Executor to exercise the following powers
without approval by or authorization of any court:
(a) to make allocation. division or distribution of IJlY estate in kind.
or partly in kind and partly in money. and to determine the value of any prop-
erty so allocated. divided or distributed;
(b) to sell. or to offer to sell. for cash. credit or in installments.
at public or private sale. to grant options to purchase and to convey any and
all of the property at any time forming a part of my estate for such price and
upon such terms as my Executor shall determine; .
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(c) to lease or license the use of any tangible or intangible personal
property at any time forming a part of my estate upon such terms as my Execu-
tor shall determine;
(d) to borrow money from any person. partnership. corporation.
trust. including my Executor; to extend or renew any existing indebtedness.
and to mortgage or pledge any property at any time forming a part of my
estate;
(e) to settle. compromise. contest. agree to arbitrate and be bound
thereby. extend the time for payment. consent or abandon claims or demands
in favor of or against my estate;
(f) to sell. convey. release. mortga,ge. encumber. lease. partition.
improve. repair. manage. insure against loss. protect and subdivide any real
estate. interest therein or parts thereof; to direct. or to authorize any other
person to direct. the trustee of any land trust of which my estate. is a benefi-
ciary to mortgage. lease. conveyor contract to convey the real estate held.in
such land trust;
(g) to purchase or otherwise acquire for cash. credit or in install-
ments. retain. hold. invest and reinvest in any type or types of assets. real
or personal. within or without the United States of America. notwithstanding
any stat~te or rule of law regarding investments by executors or the fact that
any asset. may constitute all or a large portion of my estate. including but not
limited to common stocks. bonds. notes. debentures. mortgages. preferred
stocks. puts or calls. voting trust certificates. beneficial interests in land
trusts, interests or shares in common trust funds. mutual funds. "open-end"
or "closed-end" investment funds or trusts. real estate investment trusts or
other property. or savings and loan or building and loan associations. oil. gas
or other mineral interests or natural resources. livestock or other animals.
commodities. foreign exchange. insurance or endowment policies. annuities.
variable annuities or other property or undivided interests in property (without
regard to whether such shall be listed on any stock ~xchange or other public
market. registered with any securities commissions or similar bodies or sub-
ject to contractual. legal or other restrictions. including "investment letter"
restrictions). and including any business or business interests. as shareholder.
creditor. partner. sole proprietor. or otherwise. although closely or privately
held. and to manage. or to participate in the management of. such business or
to rely upon others to do so~ to rely. without independent investigation. upon
the reports of certified public accountants as to the operations and financial con-
dition of any such business. to participate in any incorporation. reorganization.
merger. consolidation. recapitalization. liquidation or dissolution of such busi-
ness or any change in its nature and to retain and continue such changed or
successor business; to abandon any property. real or personal. as my Executor
shall deem to be worthless or not of sufficient value to warrant keeping or pro-
tecting; to open accounts. margin or otherwise. with brokerage firms. banks or
others. and to invest the funds of my estate in. and to conduct. maintain and
operate such accounts directly or through an agent for the purchase. sale and
exchange of commodities. stocks. bonds and other securities. and in connection
therewith to borrow money. obtain guarantees. and engage in all other activities
necessary or incidental to conducting. maintaining and operating such accounts;
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(h) to employ and pay reasonable compensation to such agents,
brokers, trustees, title-holders, escrowees, custodians, depositories, account-
ants. attorneys, investment counsel, appraisers, insurers and others (who may
be any firm with which my Executor is associated) as may be necessary or de-
sirable in managing, protecting and settling my estate, and to execute any general
or limited direction or power of attorney to reflect such employment;
(i) to cause any securities, bank accounts, safety deposit boxes,
vaults or other property which may at any time form a part of my estate to be
issued. held or registered in the name of my Executor, either with or without
indication of any fiduciary capacity or in the name of a nominee, or in such
form that title will pass by delivery;
(j) to pay premiums on, apply for, purchase. accept, own and retain
insurance policies and annuity contracts on the life of any person; and to exercise
any and all rights, powers and privileges which the owner of such policies or
contracts may have thereunder;
(k) to open and maintain one or more savings accounts or checking
accounts and to rent one or more safety deposit boxes or vaults with any bank,
trust company. safe deposit box company, savings and loan or building and loan
association, wherever located, whether within or without the United States of
America. even if, in the case of a bank or trust company. it shall be acting as
my Executor; to deposit to the credit of such account or accounts all or any part
of the funds belonging to my estate whether or not such funds may earn interest;
from time to time to remove some or all of the items placed in any safety deposit
box or vault, or to withdraw a portion or all of the funds so deposited, by check,
written direction or other instrument signed by my Executor or such other person
or persons as my Executor may from time to time authorize; and any such bank,
company or association is hereby authorized to allow such person or persons
access to the box or. vault and to pay such check or other instrument and also to
receive the same for deposit to the credit of any holder thereof when so signed
and properly endorsed without inquiry of any kind, and access when so allowed
and payments when so made shall not be subject to criticism or objection by any
person concerned or interested in any way in my estate;
(1) to make loans to any legatee or devisee .of my estate, without
interest and without security, or to make loans to any other person, sole
proprietorship, partnership, corporation, trust or estate upon such terms as
Ihy Executor in hfs sole discretion may deem advisable, and any such loan
may be with or without security and may be subordinated to the other obliga-
tions of the indebted party;
(m) to claim any item which would qualify as an administration
expense in my Federal estate tax return as a deduction in any Federal income
tax return to be filed for my estate or to elect to take any medical expense of
my last illness as a deductioriina Federal income tax return to be filed for me,
and to exercise or to consent to the exercise of any other election available under
any tax law, in such manner as in the sole judgment of my Executor will achieve
an overall reduction in income and death taxes for the benefit of my estate, des-
pite the fact that any such election thereby increases or decreases my adjusted
gross estate for Federal estate tax purposes, and I hereby direct that no adju~t-
ment between income and principal or in the amount of any bequest or devise
under my Will shall be required to be made or shall be made as a result of any
such elect~ on;
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(n) to join with any person (or with the personal representative of any
such person) with whom I shall be entitled to file a joint (including separate
returns which "split" the income or gift involved) Federal. State or municipal
income. declaration of estimated income. information or gift tax return cover-
ing any period of time for which such returns have not been filed; to otherwise
affirm or disaffirm in any manner the filing by such person of any such joint re-
turn covering any period o( time for which such joint return may be filed; and to
pay in connection with any such return such taxes. including any interest and
penalties thereon. as may seem proper to my Executor. without the necessity of
seeking reimbursement for any portion thereof from any such person (and if my
Executor shall not seek reimbursement. there shall not be deemed to be any right
of reimbursement or contribution existing): any action taken by my Executor pur-
suant to this authority shall be binding and conclusive upon all legatees and de-
visees of my estate; and
(0) to pay all storage. packing. shipping. insurance and other charges
relative to the distribution of any tangible or intangible personal property in my
estate.
3.6 Legatee Under Disability. If at the date of my death or at the
date of distribution of any part of my estate. any legatee or devisee under my
Will shall be a minor. under other legal disability or not adjudicated incompe-
tent. but who. by reason of illness or mental or physical disability. in the sole
discreti6~ of my Executor shall be unable to administer properly such property.
then such property may be distributed by my Executor for the benefit of said
legatee or devisee to such one or more of the following distributees whom my
Executor in his sole discretion shall deem best under the circumstances: (a) to
said legatee or devisee directly; (b) to the legally appointed Guardian or Conser-
vator of the Estate of said legatee or devisee; (c) to a parent of said legatee or
devisee; and. in the case of a minor. (d) to a Custodian under any Uniform Gifts
to Minors Act ("Act") of any applicable jurisdiction (but if there shall not then be
a Custodian for said mi~or under such Act. then my Executor may designate a
Custodian from among those willing and eligible to serve under the law of such
jurisdiction). Upon making such distribution. the receipt by any such distributee
of such property shall constitute a full release and discharge to my Executor and
my Executor shall not be obligated to see to the application of any money or prop-
erty so distributed.
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3.7 Meaning of Executor. Wherever reference is made herein to my
"Executor". such reference shall be deemed to include without limitation the
plural and the feminine form thereof wherever the context and facts require. any
and all successor Executors at any time qualified to act and acting as Executor
of my Will. any and all Administrators With the Will Annexed. Administrators
De Bonis Non With the Will Annexed and the Administrators De Bonis Non for the
time being in office and any and all ancillary Administrators or Executors.
3. 8 Bond. I direct that no Executor designated herein shall be
required to give any bond and if. notwithstanding this direction. any bond is never-
theless required by any law. statute or rule of court of any applicable jurisdiction.
I direct that no surety be required thereon.
3.9 Vacancy. Except as otherwise provided herein. a vacancy in the
executorship shall be deemed to exist in the event of the death. resignation.
refusal. failure or inability of any person to act as Executor. The successors
named herein shall fill any such vacancy. in the order and manner provided.
ARTICLE IV
Construction
4. 1 Descendants. As used herein. the following terms shall have
the indicated meanings: (a) the term "descendant" shall be interchangeable with
the term "issue" and shall mean a descendant in the first. second or any other
degree of the designated ancestor; (b) the term "child" shall mean a descendant
in the first degree of the designated parent; and (c) the term "grandchild" shall
mean a descendant in the second degree of the designated grandparent; provided.
however. that only an adopted child who shall not have attained the age of twenty-
one (21) years prior to adoption and the descendants of any such adopted child
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shall be regarded as descendants of the adopting parent or parents and of anyone
who is by blood or adoption an ancestor of the adopting parent or parents (and in
such event shall be so regarded for all purposes herein); further provided. how-
ever. that the term "descendant" shall not include any person who shall not then
be considered "legitimate" under the laws of the State where such person shall
then be domiciled. All terms herein defined shall include the plural form thereof
wherever the context and facts so require.
4.2 Per Stirpes. As used herein. the term "per stirpes" shall have
its accepted legal meaning; for example. if a distribution is to be made "per
stirpes" to the descendants of a specified person and one or more of said specified
person's children shall be deceased but shall be survived by a then living child or
children (and no child or children of said deceased child of said specified person
shall then be deceased). then the share which would otherwise have been distri-
butable to each such deceased child of said specified person had such child then
been living shall be distributed in equal shares to the then living child or children
of each such deceased child. with the effect that the child or children of each such
deceased child of said specified person shall receive by right of representation the
share which his or their parent would have received had such parent then been
living. and this shall apply if all the children of said specified person shall be
deceased.
4.3
After - Born Child.
I have provided by my Will and otherwise for
all of my children. whether born to or adopted by me before or after the time of
execution hereof to the extent I desire. and no child born to or adopted by me be-
fore or after the time of execution hereof shall be entitled to receive from my
estate property greater in value' than I have specifically provided.
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4.4 Pronouns. As used herein. all pronouns shall include the
masculine. feminine. neuter. singular and plural thereof wherever the
context and facts require such construction.
4.5 Headings. The headings. titles and subtitles are inserted
for convenience of reference only and are to be ignored in any construction
of the provisions hereof.
IN WITNESS WHEREOF, I have signed my Will this 3 day of
r~
, 1975-
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Signed, sealed, published and declared by the testatrix, MARIAN E.
FREEMAN. as and for her last will and testament, in the presence of us,
who, at her request, and in her presence and in the presence of each other,
have hereunto subscribed our names as witnesses on the date last above
written.
We declare under penalty of perjury that the foregoing is true and
correct.
!l:Je.
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