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HomeMy WebLinkAbout11-09-05 PETITION FOR PROBATE and GRANT OF LETTERS Estate of MAUDE I. KUHN also known as Deceased. Social Security No. 186-05-6740 No. To: ~ \ - ~ S - '\~ " 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 December 3,2003, and codicil(s) dated [none]. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 306 McLand Drive, Mt. Holly Springs, South Middleton Township. Decedent, then 86 years of age, died October 29, 2005, at 1 000 West South Street, Carlisle, P A 17013. 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 (If not 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: South Middleton Township, Cumberland County ~(l"dh N~v..Ali'11TOUJr1",>hltl).~ " WHEREFORE, petitioner respectfully requests the probate ofthe last will and codicil( s) presented herewith and the grant of letters Testamentary thereon. xr=- ~ "f- ~ ",_--- Earl W. Kuhn, Jr.." P.O. Box 277 Walnut Bottom, P A 17266 (717) 532-8857 $ iRooco $-- $ $/C,ttCD ----------------------------------------------------------------------.---- ----------------------------------------------------------------------~---- OA TH OF PERSONAL REPRESENT A TIVE COMMONWEAL TH OF PENNSYL VANIA ) : SS. COUNTY OF CUMBERLAND ) Sworn to or affirmed and subscribed before :ne this ~ s.\.. day of '-:,\~\j<;;'''' 'V<~ , ':l...~~ . C~~:'l:l.~~ ~~"-J' "~J'">.~~~ ~,v,",,"" co nc ~, Re~ister" , ~"' -- . "'" '-"- ,-"", ~ '-> ~ . -~ --- ,~ ' "' 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. X ~~)10 ~~j=-.. Earl W. Kuhn, Jr. / ./ No. ~ '\ - ~ S - ~ '\ \ Estate of Maude I. Kuhn, Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW, ~~.N . ~ . ~~~S . , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated December 3,2003, described therein be admitted to probate and filed of record as the last will of Maude I. Kuhn and Letters Testamentary are hereby granted to Earl W. Kuhn, Jr. FEES Carl C. Risch, Esquire (75901) ATTORNEY (Sup. Ct. J.D. No.) MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Will Book # Page Probate, Letters, Etc. Short Certificates( '-\ ) ReRliflo}ation \.N\\..\... ~~": " \"\~\) ~'-,,~ TOTAL $ ~ \~ $ \\:, $ "5. $ \S $ ~ Sl.., ,f,J~ Filed \ \ - ~ - ~ S FIFILESIDA T AFILEIEST A TES\9982 I letterste, '1"\'::; ','fF ','1:\ ~\- ~~ -(j\~\\ Thi~ is to certify that the information here given is correctly copied from an original certificate of death dul> 'iled with Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent Iding. me as WARNING: It is illegal to duplicate this copy by photostat or photograph. No. "",111" "", "~" '''' ",,'tl~~\.'\\ OF PEl---__. l"~~. '" ~~"\ f~.' aa.' ~~ ~~( '~.'. ~,..~ ~ ~\ =' ~-' !:~ ::: c...) .J;"_.,..,. :b. ~ ~, 'hI" ,I ~ '%.*L....'........,I*~ \.~ : .... ~~/ ;. '% ...-<(<w ~ I' "'---...:?IMENT \\\ 't-~,,'I'" """""'~~~""#IJlII'" I' n'~ t\. ~~~~~ Local Registrar Fee for this certificate. $6.00 P 12044616 Nnv 1 ?OO!1 Date H105.1.J Aey. 2187 COMMONWEALTH OF PENNSYLVANIA. OEPARTMENT OF HEALTH' VITAL RECOROS CERTIFICATE OF DEATH C/ U (.{J+ /03 'f-'1 b 'PE/PRINT IN AUANENT LACK INK NAME OF DECEDENT (first. Mi(1Cl1e. Lasrl SEX S'OO"E FilE NUMBER SOCIAL SECUmTY NUMBER 'Ii) OJ I" .~ :J '" 1. Maude I. Kuhn AGE (last Birl\dayt UNDER 1 YEAR UonU\a: o.ys ..Female 3. 186 - 05 ., October 29,2005 5. 86V'" COUNTY Of DEATH BIRTHPLACE (City and SlaIIlOlFcr8lQflCOUnIlV) round Oaks, Pa. ~o ~I .... Cumberland RACE. Am.ric:a.n Indian, Black, Whit.. .Ic. t_1 White 10. SURVIVING SPOUSE UI wH,. Q1_ maaden f\aIl'lIIl 306 MeLand Dr. ~ Mt. Holly Sprin FRHER'S NAME (First, Middle. Last) 1.. Guise lNFOf:IUANT'S CTYP8'f'rnl _. Earl W. Kuhn Jr. foIETHOD OF DISPOSITION OoneuonO Qta;::'(SKJ. eramalkln 0 . .. . 9' Of FUNalAl SE v 1711. County Cumberland DId _N ...... -' 'T'wp .... cilylllonl. 17266 17013 ! b. c. d. :Is < At..YIA;<..- C,;v-r.. Lo-, ./'PUElO{OAASACONSEO.lij:NCEOf): " r; r-/-e..rl (.) S c t.e Jf;-5 &.? DUE m (GI AS A CONSEOUENCE Of): PART 11:- OO...signillcanl ~conrrIbutInglodealh, but llOI resu/ting in 11M Undiortying catJH givMin PART I, H-rr! DUE TO (OR AS A CONSEOUENCE~; WERE AUlOPSY FINDINGS AVAIlABLE PRIOR 10 COUPlETlQH OF CAUSE OF DE1iTH? MANNER OF DEATH TIME OF INJURY INJURY AT'M)RK? DESCRIBE HC1N INJURY OCCURRED, DATE OF INJURY (Monltl,Oay. Veall E(- Hom~ido 0 Accident 0 Pending Itl\lflSligallatl 0 Yea 0 No 0 Suicide 0 Could nOI be dl!leonrr\ecl 0 PUCE OF INJURY. AI home, farm, st;eet.lactOf)l. otflc. Y. .21&. 21b. 28. ~~~"g, ,"c. ISpecotyl CER'TIFIEAIChdonty ~ .CERTIFYING PHVSJCIAN (Ph)'SlClaf\ e&rWying cau~ d death ....t\en .another Phys.c:..n has plOl'lO\Jnced dealfl ana compl&lBd l1am 231 To thebe.. 01 my knowoledge, d..th oc:cuned due k) Ole nu..I_land manner.. .'.Ied. .. .... .. .... .... N....... v.. 0 NoD ~ o w o w o l'; w 2 ~ "MEDICAL EXAMINER/CORONER On th. b..I. 0' ...mlnetlo" and/Of' Investlgallon, In my opinion, dellth oCcurred III the limo, dale, and place, IInd due 10 the cauae(s) and J1.~.nner.. stelad.. . . . . . . . . .. . .. . . . . . '. . . . . . . . . . . . . . . . . .. . . . . . .. . . .. . . . . . , . , . . . . . _ _ . _ . . . . . _ . . . . . . , . . . . . . . . . . . . , . . , . . o '70(..'- 'PRONOUNCING AND CERTIFYING PHYSICIA.N (PhysiQan bolh PI:)(1OUflCll1g dealh and certJlVlng to caU!Ie 01 aeillf1\ To tfuo ~I 0' my knowtng_, dulh occ;amed at It\tIllmll, dale, and pfaf;e, and dua 10 lh. cau"(.llnd m.nn~J a. ~I.~ed REGISTRAR'S SIGNATURE AND NUMBER ~. ~~&...~-tN ~II~\I()I \ I <::)Oos- F\FILESIDA T AFILEIEstate Planning\9982-w wi12003 LAST WILL AND TESTAMENT OF MAUDE I. KUHN ~\-~\S -,,~'\ I, MAUDE I. KUHN, of South Middleton Township, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament and revoke all Wills and Codicils previously made by me. ITEM I: I direct that all my legally enforceable debts and funeral expenses, including all expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM II: I bequeath such items of tangible personal property as are itemized in a certain list, if any, signed and dated by me at the end thereof and attached hereto, to my children named thereon. Should any of my daughters predecease me or die on or before the thirtieth day following my death, I direct that the items bequeathed to such deceased daughter be distributed to my son, providing he is then living; otherwise, such items shall be divided between my then living daughters with due regard for their personal preferences in as nearly equal shares as practical and as they shall mutually agree. I direct that any of the foregoing articles not selected by and distributed to such daughters or about which there is no agreement shall be sold at public or private sale by my personal representative( s), and I further direct that the net proceeds thereof shall be administered and distributed as a part of the residue of my estate. ITEM III: I devise my lot situate in South Newton Township, Cumberland County, Pennsylvania, recorded in Cumberland County, Pennsylvania, Deed Book "W", Volume 28, Page 774, to my son, EARL W. KUHN, JR. ITEM IV: I devise and bequeath my real property located at 306 McLand Drive, Mt. Holly Springs (South Middleton Township), Cumberland County, Pennsylvania, together with all household goods and furnishings therein except such items which are distributed to my daughters pursuant to the provisions oflTEM II hereof, to my son, EARL W. KUHN, JR. ITEM V: I devise and bequeath the residue of my estate of every nature and wherever situate as follows: A. One-fourth thereof to my son, EARL W, KUHN, JR., providing he survives me by thirty (30) days. Should my son predecease me or die on or before the thirtieth day Page 1 of 7 [Initials] rm. J'/( following my death, his share shall be added to the share or shares for my then living daughters and shall be held and administered in accordance with the provisions of ITEM V(E) hereof; otherwise, my son's share shall be distributed to the then living issue, per stirpes, of my daughter, BETTY LOU WILSON. B. One-fourth thereof to my daughter, JEAN 1. COHILL, providing she survives me by thirty (30) days. Should my daughter predecease me or die on or before the thirtieth day following my death, her share shall be added to the share for my son under ITEM YeA) hereof; otherwise, such share shall be held and administered in accordance with the provisions ofITEM V(E) hereof. C. One-fourth thereof to my daughter, BETTY LOU WILSON, providing she survives me by thirty (30) days. Should my daughter predecease me or die on or before the thirtieth day following my death, her share shall be added to the share for my son under ITEM YeA) hereof; otherwise, such share shall be held and administered in accordance with the provisions of ITEM V(E) hereof. D. One-fourth thereof to my daughter, NANCY 1. SHEAFFER, providing she survives me by thirty (30) days. Should my daughter predecease me or die on or before the thirtieth day following my death, her share shall be added to the share for my son under ITEM YeA) hereof; otherwise, such share shall be held and administered in accordance with the provisions of ITEM V(E) hereof. E. The shares for my daughters under ITEM V(B), (C) and (D) hereof shall be held by my Trustee hereinafter named, IN SEPARATE TRUST, for the following uses and purposes and subject to the following terms, conditions and provisions: (1) My Trustee shall pay all of the income from each daughter's share to her during her lifetime in such periodic installments as she and my Trustee shall find convenient, but not less frequently than quarter-annually. (2) In addition, my Trustee shall be fully authorized and shall have the sole discretion to pay to her or to expend directly for her benefit so much of the principal of her share ofthis Trust as my Trustee shall deem necessary or desirable from time to time for her support, health and medical care, education, and maintenance in reasonable comfort, taking into consideration all other income and other resources, including entitlement to Federal and State public assistance benefits, available to her for such purposes from all sources known to my Trustee. NtIk Page 2 of 7 [Initials] (3) Upon each daughter's death, her share of this Trust shall terminate, and the then remaining principal and any accrued or undistributed income therefrom shall be distributed to my son pursuant to the provisions ofItem V(A) hereof. ITEM VI: Except my daughters who are otherwise provided for under ITEM V hereof, should any other person entitled to a share of my estate not have attained the age of twenty-one (21) years at the time of distribution to him or her, I devise and bequeath the share of each such person to my Trustee hereinafter named, IN SEPARATE TRUST, to hold, manage, invest and reinvest the share so received and the accumulation of income thereon, and to use and apply the income and principal or so much thereof as, in the sole discretion of my Trustee, may be necessary or appropriate for such beneficiary's support, health and medical care, and education (including college education, both undergraduate and graduate), or to make payment for these purposes, without further obligation or responsibility to see to the proper expenditure thereof, directly to such beneficiary or to any person taking care of such beneficiary. Any income and principal not so applied shall be distributed to such beneficiary absolutely when he or she attains the age of twenty-one (21) years. Ifhe or she dies prior to complete distribution, then such share shall be distributed to his or her personal representative(s) or estate, discharged of the trust. ITEM VII: For convenience of administration and investment and if more than one Trust is held under the provisions ofITEMS V(E) and VI, my Trustee shall be fully authorized to hold the several Trusts as a common fund, dividing the income proportionately between or among them, and to make joint investments of the funds belonging to my Trustee. Should the combined principal of the several Trusts held under ITEM VI be or become too small so as to make establishment or continuance thereof inadvisable, my Trustee, in his sole discretion, may make immediate distribution of the then remaining balance of the principal and accumulated income of each beneficiary's share to the legally appointed guardian or trustee of such beneficiary, or may appoint and pay such share to a custodian for such beneficiary under the Uniform Transfers to Minors Act of any state, without further obligation or responsibility for such distribution so paid; and upon such termination, the rights of all persons who might otherwise have a successive interest therein shall cease. No interest of any beneficiary, while in the possession of my Trustee, shall be subject to anticipation or voluntary or involuntary alienation. ITEM VIII: All Federal, State and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether passing under this Will Page 3 of 7 M. I. /( [Initials] or otherwise, including any interest or penalty imposed in connection with such taxes, shall be considered a part of the expense of the administration of my estate and shall be paid out of the principal of my residuary estate without apportionment or right of reimbursement. ITEM IX: All fiduciaries acting under this Will shall have the following powers in addition to those vested in them by the common law, by statute or by the other provisions hereof, all of which shall be exercised in a fiduciary capacity, primarily in the interests of the beneficiaries, applicable to all property, including property held for minors, whether principal or income, exercisable without court approval and effective until actual distribution of all property: A. To retain and to hold any securities or other property, real, personal or mixed, including stock of my successor corporate Trustee or an affiliate, received from my estate without regard to any principle of diversification or risk. B. To invest and reinvest in all forms of property, including stocks, bonds, funds, endowment, insurance or annuity policies on the lives of beneficiaries of any Trust created hereunder and other securities, whether operated by my successor corporate Trustee, an affiliate or others, without restriction to investments authorized for Pennsylvania fiduciaries, as they shall deem proper without regard to any principle of diversification or risk. C. To sell at public or private sale, to exchange, to partition, or to lease for any period of time or the duration of any Trust created hereunder any real or personal property, and to give options for sales, exchanges or leases for such prices and upon such terms and conditions as they shall deem proper. D. To hold property in the name of any Trust created hereunder, or in the name of my Trustee without designation of any fiduciary capacity, or in the name of a nominee, or unregistered. E. To allocate receipts and expenses to principal or income, or partly to each, as they from time to time, in their sole discretion, shall think proper. F. To vote in person or by proxy all securities, and to become a party to any stockholders' agreements deemed advisable by them in connection with such securities. G. To borrow money from any person or institution, including my successor corporate Trustee or an affiliate, upon their bond or promissory note, and to secure the repayment thereof by mortgaging, creating a security interest in, pledging or otherwise Page 4 of 7 ^^!/s... [Initials] encumbering any or all real or personal property as they, in their sole discretion, shall choose without regard to the dispositive provisions of my Will. H. To make any divisions or distributions required hereunder, wholly or in part, in kind or in cash, and to make non-prorata distributions of assets in kind. 1. To exercise any election or privilege given by the Federal tax and other tax laws, including without limiting the foregoing, the election of the alternate valuation for Federal Estate tax purposes, the election to claim items of deduction for estate tax or for income tax purposes, and to make or not to make equitable adjustments or apportionments for the exercise or nonexercise of any such election or privilege. J. To disclaim any interest in property without court authorization. K. To compromise any claim or controversy. ITEM X: I appoint my son, EARL W. KUHN, JR., Trustee of the Trusts created under Items V(E) and VI hereof. My Trustee or any successor Trustee may resign at any time upon written notice given to the then current income beneficiaries thereunder or to their parent, legally appointed guardian or trustee, other than any Trustee hereunder, ifsuch beneficiaries are minors. Should my son fail to qualify or cease to act as Trustee, I appoint Manufacturers and Traders Trust Company, of Carlisle, Pennsylvania, successor Trustee. My successor Trustee shall not be liable or responsible in any way for the acts or defaults of my predecessor Trustee or for any loss or expense caused by anything done or neglected to be done by my predecessor Trustee, but my successor Trustee shall be liable only for own acts and defaults with respect to the trust estate actually received. My successor Trustee shall succeed to all the duties and all the powers, including discretionary powers, herein granted to my Trustee. My Trustee shall be reimbursed for all necessary and reasonable expenses incurred by him in the management and protection of the Trusts and may retain and employ the services of others as accountants, counsel, agents and advisors for investments, or otherwise, and may act through attorneys-in-fact, with the reasonable expenses, compensation and fees therefor to be paid from the trust estate in addition to the compensation to which my Trustee may be entitled under Item XII hereof. I direct that the situs of said Trusts for administrative and accounting purposes shall be Cumberland County, Pennsylvania, and all questions concerning the validity, construction and administration of said Trusts shall be determined under the laws of the Commonwealth of Pennsylvania. My Trustee may change the situs of any Trust created hereunder from the county and/or state in which it is then being administered to a new county and/or state. Such action shall be accomplished by a Page 5 of 7 f\A. ! 1< [Initials] writing signed by my Trustee or successor Trustee and filed with the court then having jurisdiction over said Trust. ITEM XI: I appoint my son, EARL W. KUHN, JR., Executor of this my last Will. Should my son fail to qualify or cease to act as Executor, I appoint my daughters, BETTY LOU WILSON and NANCY 1. SHEAFFER, or the survivor, Executrices of this my last Will. Should both my daughters fail to qualify or cease to act as Executrices, I appoint MANUFACTURERS AND TRADERS TRUST CaMP ANY, of Carlisle, Pennsylvania, Executor of this my last Will. ITEM XII: My Trustee and my Executor, as well as their successors, may elect to receive a fair and reasonable compensation for the performance of their respective services hereunder, which compensation shall not be greater than the standard fees charged for the performance of similar services by corporate banking fiduciaries with offices in Carlisle, Pennsylvania, in effect from time to time during the period over which such services are performed. ITEM XII: I direct that all fiduciaries acting under this Will, whether or not named herein, shall not be required to give bond for the faithful performance of their duties in any jurisdiction. f11' WITNESS WHEREOF, I have hereunto set my hand and seal, this,30!:- day of ~arn.6.vL ,2003. '-rr; ..a..LA..cLt-. 1 ~ [SEAL] 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. ~.~ .;;- 2t~ 7' Q,l~ Page 6 of 7 COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND We, MAUDE I. KUHN, JOHN B. FOWLER, III, and fr(,v,da 'I ~~, 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 she has signed willingly, and that she 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 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. ss. ~I~ Testatrix .~.h1 ~ a~ l[, Cb.7 &~ Witn~ / Subscribed, sworn to and acknowledged before me by MAUDE 1. KUHN, the Testatrix, and subscribed and sworn to Wre me by John B. Fowler, III, and ~ t1 'I' ~~ witnesses, this ~ day of ~ ,2003. dL~vqfJiJt; Notary Public NOTARIAl SEAL YlCTORIA L OTTO NOTARY PUBLIC CARLISLE BORO:1 CUMBERLAND COUNTY MY COMMISSIOn EXPIRES DEC. 2 2006 Page 7 of 7 ... ' t ~~-'0-U/J . 9- xa-,~ Crfv'LI ()il ~ JJ)) J cdd euruoC :I ~rC/ ,1i~~D ? ~ b'cL c!/-.uL~i' r!-~r~~ !.- --lfY1.jL A/>. n ~ ~~ I,~ t7~ p~ :J-kl~ cLtnv. ~ fJ ~ n;-~J 'P ()JJJ~tvu . .' (3~ W~ /- ~rJ~ r ~.~ ~~ /.~ 11~ uJ~ ~Aai~ f - A..J; r1 R~ LU~ ~ ~ ~=-- ,~ .~-tL f; ,/} 1J~~tuv I '1 CMIl-CO ~ J~ '-IJAJ ) - ~ R O-J o--cL ~~~ , . i),'~1i I _ J~ 1 ;J1~ ~1A-- f)~ rj~~ ~un lj'- ~iP~ ~ c;UU-- 1:{, ~/~ C~'vo Q ~ ~1L1/AJL ~fvO uJ ~ c!J /~d -?-?u/' I!~ ~d.L I ~ I~": 3- ~G>~3 c8~ . & ()J-ci. 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