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HomeMy WebLinkAbout11-20-78 -- . ., LAST WILL AND TESTAMENT OF MARIE J. SMITH I, MARIE J. SMITH, of the Township of East Pennshoro, County of Cumberland and State of Pennsylvania, being of sound and dis- posing mind, memory and understanding, do make, publish and declare this my Last Will and Testament, hereby revoking and making void any and all prior Wills by me at any time heretofore made. 1. I direct the payment of all my just debts and funeral expenses as Soon after my decease as the same can conveniently be done. 2. I give and bequeath the SUm of Three Thousand ($3,000.00) Dollars to each of the nieces and nephews of my deceased husband, Harry James Smith, who survive me but if any should predecease me, the gift shall lapse. 3. I give and bequeath the SUm of Four Thousand ($4,000.00) Dollars to my friend, Ed Walters, of R. D. #1, Mechanicsburg, PennsYlvania. 4. I give and bequeath the sum of One Thousand ($1,000.00) Dollars to Gary Walters, son of Ed Walters, of R. D. #1, Mechanicsburg, PennsYlvania. 5. I give and bequeath the SUm of Two Thousand ($2,000.00) Dollars to my friend, Everett Potter, of Carlisle Pike, Camp Hill, Penn- sylvania. -1- " 't'?, ~' .f.;~' <.." 6. to my friend, Warren Wilson, of 244 Creek Road, Camp Hill, Penn- I give and bequeath the SUm of One Thousand ($1,000.00) Dollars sylvania. 7. I give and bequeath the SUm of Five Thousand ($5,000.00) Dollars to my friend, John Michael Eakin, of MechanicSburg, PennsYlvania. 8. I give and bequeath the Sum of One Thousand ($1,000.00) Dollars to the Columhan Fathers, of St. Columban, Nebraska. 9. All the rest, residue and remainder of my estate, real, per- sonal and mixed and wheresoever situate, I direct shall be paid to John M. Eakin, in trust, nevertheless, to pay So much of the income for the maintenance of my aunt, Gertrude Toot, for her life, as my Trustee shall in his sole discretion deem necessary to pro- vide her With a comfortable living. Upon the death of my aunt or in the e~nt she should predecease me, the trust s~ll cease and determine and the Trustee shall distribute the net residue including all accumulated interest to such qualified charities under the Federal Estate Tax Law as he may designate. It is my intention that my Trustee shall have sole discretion in designating said charities and determine the amount to be distributed to each. If, in his sole discretion he deems it appropriate, the distribution may be extended for a period up to two years following the termi_ nation of the trust or the date the First and Final Account of my Executor is confirmed by the Court, whichever is later and during -2- '..~;r~ ~ that period the Trustee shall invest and reinvest the undistributed principal of my estate. Under no circumstances can any funds be distributed to any charity which is disqualified for the charitable contribution under the Federal Estate Tax Law. 10. My Trustee shall have sole discretion in the investment of the corpus of my estate and may retain such investments as he elects reserving the right to change investments at Will, provided however, that nothing shall be done which will disqualify the residue of my estate for the charitable deductions permitted by the Federal Estate Tax Law. 11. I name, constitute and appoint John M. Eakin to be the Executor of this my Last Will and Testament and direct that as Executor he will immediately convey and set aside to the aforementioned trust sufficient assets to provide for the support of my aunt should she survive me. IN WITNESS WHEREOF, this (;(! d day of I have hereunto set my hand and seal m7 ,1973. (SEAL) -3- ~,; .. ,...n<" ...- ~~ " ,"", . . . Signed, sealed, pUblished and declared by the above named Marie J. Smith, as and for her Last Will and Testament, in the presence of Us who have subscribed OUr names hereto as witnesses, at the request of said testatrix, in her presence and in tm presence of each other. ,~ r>- ,., b -4- ~, " FIRST CODICIL TO LAST WILL AND TESTAMENT OF MARIE J. SMITH I, MARIE J. SMITH, of the Township of Lower Allen, County of Cumberland and State of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this the First Codicil to my Last Will and Testament dated May 21, 1973. 1. I revoke the bequest contained in Paragraph 6 of my Will in the amount of One Thousand ($1,000.00) Dollars to Warren Wilson. 2. I amend Paragraph 9 of said Will in which distribution of the net residue of my estate to charities designated by my Executor is directed to be made within two years following the termination of the trust or the date on which the First and Final Account is confirmed; I hereby direct my Executor, following the termination of the trust or the date the First and Final Account is confirmed by the Court, whichever is later, to hold the balance for distri- bution in trust subject to the following provisions: (a) The net residue shall be distributed to such qualified charities under the Federal Estate Tax law as he may designate over a period of ten years re- serving to the trustee the right to determine the proportionate share of said residue together with income accumulated thereon which shall be paid to said charities in each year. (b) My trustee is authorized to accept and hold in kind any asset of my estate and shall have the right to distribute such asset in kind to a designated charity if in his sole discretion he deems it -1- " ~~, .~;f advisable to do so. (c) My trustee shall have full power to convert assets to cash at any time and to change investments when in his sole discretion it is in the best interest of my estate to do so. (d) My trustee shall be compensated at the usual rate as trustees and in addition, any expenses incident to determining appropriate beneficiaries shall be paid from the residue of said estate. (e) Nothing to the contrary withstanding, I direct my trustee to file the Final Account of his admini- stration of said trust within ten years from the date the assets are distributed to him following the termina- tion of the trust in favor of Gertrude Toot or from the date of the confirmation of the First and Final Account of the Executor, whichever is later. (f) In the event the trustee dies or is unable to perform the duties of the trustee for any reason, I direct that John Michael Eakin shall serve as trustee in his place and stead and shall have all the rights as trustee under this Will. 3. All provisions of my said Will not amended by this Codicil shall remain in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal this l . ,-:><-}71i day of )?Z::zi>clc , 197f- (SEAL) -2- ft;;t - Signed, sealed, published and declared by the above named Marie J. Smith, as and for the First Codicil to her Last Will and Testament, in the presence of us who have subscribed our names hereto as witnesses, at the request of said testatrix, in her presence and in the presence of each other. ('\ . /, ~~ }r) ~'L_ >z..t......__ -3- r .,..,'tf CODICIL CUMBERLAND COUNTY, ss: This ___n__________!_$.:t_~_____________m___ day of _oou____uuoo________________h___N_ovemher---------_m--- A. D., 19 7._$._00 before me _u___Rt~h9I'_ct._._E..~___And~.r.s_Qn__._.____,-------------------------, Register for the Probate of Will! and granting letters of Administration in and for said County of Cumberland, in the Common wealth of Pennsylvania, personally came __ ___m____.;r_S?hn.__M_!oo_:g;_9tl-_D____u_____________u___u_m_m___h____ u______ _______________u___oo_m__the subscribing witnesses to the foregoing instrument of writing purporting to be l '.t_:r.~:t.___________codicil to the last Will and Testament of __....Marie-uJ .___Smith--...-------m-oo-------------_ 3 Dated May__.2l~l97!ate of_____~_<?_~~T__:~J)-_~D__J'.Q~D.?hJ_p______u_______ Cumberland County, Penna deceased who being duly _____~W_9_rn___ according to law, depose and say, that heoo_w:as---oo-- presen- saw and heard the testa__trJX-----, _J1aI'-1S!-uJ..---S.mi.th-------------m---sign, seal, publish, pronounc and declare the said instrument of writing as and for a }'Jr_~t codicil to l'tl-+-__ ____uTestament an Last Will, and at the time of so doing ____.s_beu___was of sound and disposing mind, memory and m derstanding, to the best of ___his----- knowledge, observation and belief. Sworn _ and subscribed before "'-: · h, f: f .,_______ . _._.__..._...~J-l.--'.---u-------.~----.--u John M. Eakin .--------------------------.....----....-.....----------..---.......---..----......-----... ~~' s,"~. tf.' lo .j...J~:~ - OATH OF NON-SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } 55: b'f~~~ This, the 1 7th ~ day of A. D. 197''1 ," before me, Richord E. Anderson, Register for the Probate of Wi I Is and Granting Letters of Ad min istration in and for the county of Cumber- land, in the Commonwealth of Pennsylvania, personally came ~,hLcc~eALI t:j,,-~ who being duly s.u'""-~,- U according to low deposed and soy that they ore well acquainted with the handwriting of \11 CLL<-L d' -~~ /it whose name is attached as to an instrument of writing purported to be UJ ttLtJ fJ-ri 0' PtL" .J- Grl:~,{ ctu-'t.e{ , the Last Will and Testament of '"L Y thA-l (q 7 'I late Of~v'-i\. T;-(.(.'Vl--L-Lh ( , deceased and that the said signature is true and genuine,. cuo lhul lhe"Suid:- . r 1,/1 ~L~' . is.JlOw d....,ctil~$sem SWOl"l'i nnd subscribed before me, this 17th day of \To 'tlfWl bEn' A. D. 197L Richard E. Anderson, Register .--------.-----------------------------------.-- ------------------ per Deputy Reg ister . .,' ,'. ; 'j 't,'/ ..c OATH OF SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA l ss: COUNTY OF CUMBERLAND ~ This.............................l. s. ~ .th............................ day of................. ..W.O.v. ~ ffi\l ~;r........................... A.D., 19..7.$.., before me Richard E. Anderson, Register for the Probate of Wills and granting letters of Administration in and for said County of Cumberland, in the Commonwealth of Pennsylvania, personally came .............. John M. Eakin one of ................................................................. .J............................................................................................................. the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of ........ .~.9.r. ;i,.~... ;r.f... ;:?m~th.......................................................... Dated ..... . Mi). Y. ..~l.,.. J9.7.3........ late of ..................... ...L.Q.W!'lx...AJJ!'lXl...A.Q.wn~.h;i,JL,..... ...... ...... ........ ........... Cumberland County Pa., deceased who being duly ....... ...(=l}:J:9.r.n......... ............ according to law, depose and say, that ........ ..h.~. ..W~W................. present, and saw and heard the testa~;r:J~......................., .........M?:!.'.t~...<!.......~~J.th................................... sign, seal, publish, pronounce and declare the said instrument of writing as and for. .b.~.r......... Testament and Last Will, and at the time of so doing .........sha..w.as........................was of sound and disposing mind memory and understanding, to the best of .........................b.is..............knowledge, observation and belief. ............................................... Sworn d subscribed before I~ - ~j~ ,. -- ! ........\ .. 'Jk'Plk'in(~" ~........... I , .......... \... .l.................................................................. , ! \ v Richard E. Anderson, Register .................................................................................. AFFIDAVIT OF DEATH COMMONWEALTH OF PENNSYLVANIA l ss: COUNTY OF CUMBERLAND ~ ........................................................... .~.'?~::.. .~.~. ..~~.~ ~::.................................................................... .being duly ................~~'?;r:'.:r::.................... says that as nearly as can be ascertained the said decedent .......................... ................................................. .~.<?~ .~.~...;[.:... :?rn~ :t;;.~................................................................................ .died on .... ....f.!.'J.?:~ 1.......... ................. the ........ ~.Q:~n..... ........... day of ........... ~.?Y: ~!!!~~r.......... .............. A.D., 19 ..7.~., at or about .............lJ..~.QQ.................. o'clock, .J?..M. ....... .......;;;.W.9.:r.n........................ ...and subscribed this . ...... ............. J..i..~............ day of .. f:J.~~~.rn~ .E;.:r.... 19, .7.8..., before ''x.....---. .~. .... ....... . .o:n~.tJlin..~::.f.L........ Richard E. Anderson, Register -.'. . ':.;;> '. :~ \.. ~ ~ 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 the County of Cumberland, personally came . ........ ...... ...... ...~.?~::. ..~.~...~~.~~?:..... ............. ...... .... .... .... .......... who, being duly ...... .~w.:i-.:r. b.........., do e.~...... depose and say that as........ E.xe.c.ut.m:.............................. ....... of the last Will and Testament of ................. M.?r. .:j...~...!-!.~... ~m;i;.:t;..h...................................................... .deceased ........h~............. 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. .......~Y:Z~r~......... and subscribed before me. . D., 197.~t...... ( '~ \ L\' - f; .....~:: :.. ..........ryJ...~........U~.......... iJ hn M. Eakin Richard E. Anderson, Register 00 ......... I - N o Z ~ ~ ..., rn ~ :.e co: :Q) r--: rn :~ 0) :Q) :~ ~~ :Q) :Q LL "" r--: 0 0: .r::: ~ <"\I: +J: ...ti:l .....I .rl: s: 0 H: 0 .....I Cf): ~ 0): .0= .. - -. S: - - 1-;): ..... 0: 0): ~ s: 8: >: (l): I:: ~: 0: .rl: ..... Z: iY: ""Cl cu: Q) 0': ~: ""Cl tr\: .... f'-: 0 ~ ~: Q) .... Q) ""Cl ""Cl bO Q) - I:: ~ ..... C\$ p.. ~ DECREE I , '. .. .... '-t~ ':I .~ . ) o Z Be it remembered that on the ........?9.~~....... day of ...................~~.y~~1?:~~!:"..........., A. D., 19 .7.~..., there was probated and recorded the last Will and Testament of .....~.~.~~.~...~.~...~~~:t?~......................................, late of..........r:..9.~~.~..~J.f:~n..:r.~~!.l:~.h.~p...................., Cumberland County, Pennsylvania, Deceased. Letters .................... .~.~.~:t?~.~~!~ ~~.~1....... were granted to .................... 19.hn..~.~.. .~.~.~?:A............................... .......... Witness my hand and official seal the day and year aforesaid. Richard E. Anderson, Register. ....~ to, . .~~ - 1'" - No. ',L ~~S< ',':a. I,...,? . "')d-:: ........<(,,;)1 PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY in the Estate of Marie J. Smith , deceased. To Richard E. Anderson, Register of Wills for the County of Cumberlond, in the Commonwealth of Pennsylvania. IS Petitioner-tch.a the execut or named In the Last Wi II and T.nw~r A 1 J ~n of Pennsylvania. Decedent died on Testament of Marie J. Smith dated _M~ry 21, 1973 Decedent was 0 citizen of the United States and 0 resident of Township ~", Cumberland County, Commonwealth F'rio::lY the 10th day of l\TmTPmbpY' A. D. 19--'1L, in the County of r,llmh~Y'l ::lno PennsYl vania at the age of 71 JIaa ~ Decedent has not been married and has not hod since the execution of the above described Will. Decedent was possessed of personal property to the , State of years. her children born to ~ --.$zOo, 000.00 $50,000.00 estate situated as fol lows value of and of real estate to the value of as near as can be ascertained; said real 244 C~ee~ Road, Camp Hill, PennR. ~ Therefore, your petitionerEsJ respectfully appl ies for the probate of the said Lost Will and Testament and for Letters Testamentary thereon. Dated November IS J 1978 Name and address of Petitioner(s) ~) .t-. J7" (~~~l1--. ohn M. Eakin t Square Building Mechanicsburg, Penna. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f ss John M. Eakin named in above application, being duly say(s) that the statements set forth sworn according to law In this petition are true to the best of h-j~ knowledge and bel ief. //"\ ~_._--- (...... ~., // c.._t:R/~. Sworn and subscribed before me, N~k !r: Richard E. Anderson, Register Filed~ November 20, 1978 Attorney: John M. Eakin " ~ - )