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HomeMy WebLinkAbout12-28-78 No. 21-78 ';98 PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY in the Estate of ~() f\). moser , deceased. To Richard E. Anderson, Register of Wills for the County of Cumberland, in the Commonwealth of Pennsylvania. is Petitioner~ ~ the execut(\(" named in the Last Will and Testament of -1\e\a1 ~. m ~'€.( dated -'Da-:eMl::er ~ I., IQfo7 Decedent was a citizen of the United States and a resident of fit "\1\1'"\ ll.: I' -T ownsl. ip ~ Borough, Cumberland County, Commonwealth of Pennsylvania. Decedent died on A. D. 191k' , in the County of {Pf\~l~ ~ her Decedent has not been married and has not had children born to hiR'l-- since the execution of the above described Will. Decedent was possessed of personal property to the value of ~OO.OOO and of real estate to the value of /!!co:)OOO f the ~ day of~, Q)N\ 'oex-laJ'd , State of at the age of -,S- fles. years. estate situated as follows real apply Therefore, your petitioner~ respectfully applies for the probate of the said Last Will and Testament and for Letters Testamentary thereon. Dated j)ecSllW" &lj91g Name and address ~t ~ ~ .:= af Petitioner(s) ~J\). ffia;- ~'f( f\\. f<Mt~ ~,~. 17l~ COMMONWEALTH OF PENNSYLVANIA! ss COUNTY OF CUMBERLAND ()~ ~ 4NL/7~ , named in above a~cation, being duly according to law say(s) that the statements set forth in this petition are true to the best of knowledge and bel ief. and subscribe before ..::~-- ~. ~ ~ Sworn /' . .//' qb U c 1 j r~^'^ '\r\tLth /\ ~ ,,)) / Attorne~~I:r\C>~~ ~bc3, ~ \ rrr6/ ~/ -7K'-G9g Filed; DECEMBER 28, 1978 J _ 4II""li _ ,. ~ J ~ . LAST WILL AND TESTAMENT OF HELEN N. MOSER I, HELEN N. MOSER, of Camp Hill, Cumberland County, Penn- sylvania, 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. ITEM I: I direct that all inheritance and estate taxes be- coming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM IV of this Will, as an expense and cost of 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. In the absolute discretion of my Executor, he may pay such taxes imm.ediately Or may postpone the payment of taxes on future or remainder interests until the time possession thereof accrues to the beneficiaries. ITEM II: I direct my Executor to pay the expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. ITEM ill: I give and bequeath absolutely and in fee simple all of my household furniture and furnishings, books, pictures, jewelry, silver- ware, automobiles, wearing apparel and all other articles of household or Page 1 of 8 pages. .~17. 7na-~) I elen N. Moser ~29 personal use or adornment to my husband, PAUL C. MOSER, if he survives me. If he does not survive me, I make this bequest to my children living at the time of my death to be divided among them as they shall ag~ee. Should there be no agreement, such property shall be divided among them by my Executor in as nearly equal portions as it, in its sole discretion, deem practical, having due regard to the personal preferences of such children. It is my wish that items of such property received by me as gifts from my children be distributed to the child making such gift as part of his share. ITEM IV: I give, devise and bequeath all the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of this Will, to my husband, PAUL C. MOSER, if he survives me. If he does not survive me, I direct my Executor to divide said rest, residue and remainder into as many shares as there are children of mine living at the time of my death and deceased children of mine survived by either issue of such deceased child or a spouse living with such deceased child at the time of such childts death. One of such shares shall be paid to each such living child absolutely and in fee simple, and One of such shares shall be paid for the benefit of the spouse and issue of each deceased child to DAUPHIN DEPOSIT TRUST COMPANY, Harrisbur g, Pennsylvania, IN TRUST NEVERTHELESS, to be held, administered and distributed as set forth in ITEM V of this my Last Will and Testament. ITEM V: Each share set aside for the spouse and issue of a deceased child of mine shall be held, administered and distributed as a separate trust, as follows: Page 2 of 8 pages. /~ /J. .7J;cr~EAL) Helen N. MOser 0'30 a. The Trustee shall pay all of the net income to the surviving spouse of my child if said spouse was living with my said deceased child at the time of my child's death, during the surviving spouse's life or until the surviving spouse's remarriage. The Trustee during such period shall also pay to said spouse so much of the principal as may be necessary in the sole discretion of the Trustee for the sup- port, maintenance, medical care and education of such spouse and the dependent children of said deceased child. b. If such surviving spouse was not living with my de- ceased child at the time of my child's death, or upon the death or remarriage of such spouse thereafter, the Trustee shall divide such separate share into as many shares as there are then grandchildren of mine and deceased grandchildren of mine survived by then living issue. Each of said shares shall con- stitute a separate trust. c. In each trust established for a grandchild of mine the Trustee shall pay quarterly to such grandchild all of the net income and so much of the principal as may be necessary in the sole discretion of the Trustee for the support, maintenance, medical care and education of the beneficiary. As each such grandchild attains the age of twenty-five (25) years, he or she shall receive the balance of the principal of his or her trust. Page 3 of 8 pages. N/~~~v7). 7n trJ Helen N. Moser (SEAL) ~}~1 d. In the event of the death of any gr andchild for whom a separate trust has been set aside prior to the distribution of the entire principal, the balance of the principal shall be held, administered and distributed for the benefit of the issue of said deceased grandchild under the provision of subparagraph (e) herein. e. In each Trust established for the issue of a deceased grandchild, the Trustee shall pay quarterly the net income to or for the benefit of such issue, per stirpes, living at the time of each such quarterly distribution. As soon as anyone of said issue attains the age of 21 year s, and in no event later than 20 year s following the death of my grandchild, the Trustee shall pay all of the then assets in the Trust to said living issue, per stirpes. f. If at any time before final distribution of the assets of any of the Trusts herein established there are no living benefici- aries of the Trust, the Trust shall terminate, and the assets shall be distributed equally among my children, the issue of any deceased children to share, per stirpes. ITEM VI: No part of the income or principal of the property held under these Trusts shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. The Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear Page 4 of 8 pages. ~ 7? 7:h ~;~'< ) Helen N. Moser (SEAL) 03'" "., . ;,..,., without regard to any attempted anticipation, pledging or assignment by any beneficiary under these Trusts, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ITEM VII: In the settlement of my estate and during the continuance of the foregoing Trusts, my Executor and Trustee shall possess, among other s, the following power s: 1. To retain any investments I may have at my death so long as my Executor or Trustee may deem it advisable to my estate or Trusts so to do. 2. To vary investments, when deemed desirable by my Executor or Trustee, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other property, real or personal, as it shall deem wise, without being restricted to so-called "legal investmentstl, and without being limited by any statute or rule of law regarding investments by fiduciaries. 3. In order to effect a division of the principal of my estate or a Trust or for any other purpose, including any final distribution of any Trust, the Executor or Trustee is authorized to make said divisions or distributions of the per sonalty and realty partly or wholly in kind. In the event that any of my children predecease me, I direct that insofar as possible the Page 5 of 8 pages. ~ I}, }/)d~~SEAL) Helen N. Moser 2"'~~ ,~. ..,' . ;.,,H Trusts for the benefit of the spouse and issue of such child be funded with assets other than the real property owned by me at my death. Should it appear desirable to partition any real estate, the Executor or Trustee is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, recognizances, or other obli- gations, with as wide power s as if it were an individual owner in fee simple. 4. To sell either at public or private sale and upon such terms and conditions as the Executor or Trustee may deem advantageous to the estate Or Trusts, any or all real or personal estate or interest therein owned by the estate or Trusts severally or in conjunction with other persons or acquired after my death by my Executor or Trustee, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable, in carrying out any of the powers conferred upon my Executor or Trustee in this paragraph or elsewhere in my Will. 5. To mortgage real estate, and to make leases of real estate, extending beyond the term of the Trusts her eunder. Page 6 of 8 pages. ~~ '7J 7n d~ Helen N. Moser (SEAL) 6~'" v...,~ 6. To borrow money from any party, including the Trustee, to pay indebtedness of mine or of my estate or Trusts, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate therefor. 7. To pay all costs, taxes, expenses and charges in con- nection with the administration of a Trust or my estate. 8. To vote any shares of stock which form a part of a Trust Fund, and to otherwise exercise all the power s incident to the owner ship of such stock. 9. In the discretion of my Executor or Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of a Trust or estate. 10. To assign to and hold in a Trust an undivided portion of any asset. 11. To do all other acts in their judgment deemed neces- sary or desirable for the proper and advantageous manage- ment, investment and distribution of a Trust or the estate. ITEM VIII: Any per son who shall have died at the same time as Testatrix or in a common disaster with her, or under such circu:m.stances that it is difficult or impossible to determine which died fir st, shall be deemed to have predeceased her. Any person (other than Testatrix) who shall have died at the Page 7 of 8 pages. ~~ 77/h tf~~ (SEAL) Helen N. Moser 935 same time as any then recipient of income or in a common disaster with such beneficiary, Or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased such beneficiary. ITEM IX: If at any time any minor child shall be entitled to receive any funds hereunder, DAUPHIN DEPOSIT TRUST COMPANY, Harrisburg, pennsylva.nia, shall act as guardian of the funds payable to such child. Such guardian may receive and administer all funds authorized by law, including, but without limitation, those described in the Act of 1947, P. L. 89, Sec. 18, as amended, or in similar Acts, and shall have full authority to use such funds in any manner it shall deem advisable for the best interests of such child. Said guardian shall have all the rights and privileges as to the guardianship(s) and its assets as are herein granted to the Trustee and Executor as to the Trusts and my estate and the assets therein. ITEM X: I hereby nominate, constitute and appoint my husband, PAUL C. MOSER, to be my Executor. In the event of his resignation or his death or inability to serve, I nominate, constitute and appoint my son, JOHN M. MOSER, to be my Executor. My Executor and Trustee are specifically relieved from the duty or obligation of filing any bond or bonds. IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will and Testament, consisting of this and the preceding seven (7) pages, at the end of each page of which I have also set my hand and seal for greater security and better identification this :3 I ~ day of ~~~ ,1967. Page 8 of 8 pages. / 7~ n '7nCf~ Helen N. Moser (SEAL) We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for 936 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 set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. ~~~ G. ~~;J:-H4V ", V ,," (SEAL) Residing at: t<~ /rta/ Oa.-, "J~ Residing at: ('07 /1/1( (" I..~ - (SEAL) Residing at: ~~ 4<<p ~ q '!~~, OATH OF SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLV ANIAl ss: COUNTY OF CUMBERLAND \ This................ ~~th..........:................... ........ ......... day of n....... .~~ ~.~................. ...... ............. A.D., 19.. ...?~ before me Richard E. Anderson, Register for the Probate of Wills; and granting letters of Administration in and for said County of Cumberland, i~,th~ Commonwealth pCPennsylvania, personally came .............. .......................... .ltaui.a... Z A...DuM.. ..net..B 1..nQ b.<<. .K.... ~.~~~...................................................................... the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of ....... ~~.~.~~..M.~..~~."f. .......... ........ .... .............. ........................ Dated .....~~.~~~~.. .~~.~...~.~.~ 7 late of ............. ~.,,~p. ..tu..J::l:............. ........ ................ ............ .... .............. ....... Cumberland County Pa., deceased who being duly ......~~lL....................... according to law, depose and say, that .........~~~l...................... present, and saw and heard the testa.~~~........................., ...~...~~.~..~.!...~~~~.......................................... sign, seal, publish, pronounce and declare the said instrument of writing as and for h..~~.......... Testament and Last Will, and at the time of so doing ............she..............................was of sound and disposing mind memory and understanding, to the best of ...............their.....................knowledge, observation and belief. {~.~ f; ..:.....~-.~~.~.:...k~:2?~.......;.... ..~....~qv...4......~f....~.8:.......... .................................................................................... AFFIDAVIT OF DEATH COMMONWEALTH OF PENNSYLVANIA I ss: COUNTY OF CUMBERLAND .................................illb.o...m.~..m~...............................................................................being duly ...S-V'UO.\.D......................... says that as nearly as can be ascertained the said decedent .......................... . ...... .... .... ...... .... .Hv.'B:J. ,~/,, mo~eK... .......... ............ .............. ........ ........ ...... ...... ........ ............ .......died on . moa1 Q.~.. .................. the .............!. ~ ~ ........ day of .. ...:W.mm,11!".... ........ ....... A.D., 19 :]..r at or about .....f1.':.~...................... o'clock, A.:M. ~~~.tD.............................and subscribed this ...~1~~.................................. day OfW~q{~ 19,1~..., before ~.~.:.~................ Richar E. Anderson, Register no ..., 9;.) v..... '-, 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 . ~ \~\r..O ("(, m ^" -8'(' the County of Cumberland, personally came .......:w.U .. .J..~.J.!... ......\...!Q..................................................... who, being duly ...E.W'O'CD....., do e.;s... depose and say that as.......&e.W~............................ of the last Will and Testament of ......tTIlm....~:...01().s~..............................................deceased ..h..e...r.......... 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.8MfOj:Q....... and subscribed before me. x:..~~.:.~.......... Richard E. Anderson, Register , i :"t:i :Q) en :~ :Q) :CJ :Q) :0 u.. 0": 1'-: 0 ~: ~~ r>-l: m: ~ ...J 0: 0 ~: 0 ...J ~ ": ...... z: ...... .: - .... ~ t2t: ~ 0: JI;: ~. r &t ...:l: .... !:il: "t:l ~: Q) 0": "t:l C\J: '"' 0 0": CJ ~ Q) '"' ~ "t:l ~ ~ ~ ll.i c DECREE ~:! ( r; co: 1'-: ~ .-l~ Q) C} .".a ".... co : C\J: 00 .......... I .- ~, o z .s c.~ ~ ~ en ~ ",l , ~: 0): .0: ~: 0): 0: 0): ~~ o Z J' ; "t:l Q) ...... ~. Be it remembered that on the ..........~~.~n..... day of ...........~'-~~.~..................., A. D., 19 .]~.., there was probated and recorded the last Will and Testament of ....~~.~.~~..~.~..~~.~......................................., ., - late of .............:~.'-~..JJJJJ:.........................................., Cumberla~d County, Pennsylvania, Deceased. Letters .......~~.~~~~~.y..................... were granted to .....~~~.~.J.:!...~9.~~;................................... Witness my hand and official seal the day and year aforesaid. 9~~l