Loading...
HomeMy WebLinkAbout11-21-78 No. ". " ',~ "'iI', . ,(I/ PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY in the Estate of DR. STEPHEN M. RYDESKY , deceased. To Richard E. Anderson, Register of Wills for the County of Cumberland, in the Commonwealth of Pennsylvania. xSc Petitioner(s) are the execut ors named In the Last Will and Testament of STEPHEN M. RYDESKY Decedent was a citizen of the United States and a 'IJO~~X East pennsboro Township, ~ Cumberland of Pennsylvania. Decedent died on dated August 9, 1978 resident of County, Commonwealth Wednesday the 11th day of October , State of A. D. 19 78 , in the County of Cumberland pennsyl vania at the age of 77 ~ koosx Decedent has not been married and has not had since the execution of the above described Will. Decedent was possessed of personal property to the years. ~x children born to him value of Seventy Thousand Dollars and of real estate to the value of Twenty-Five Thousand Dollars as near as can be ascertained; said real estate situated as follows 51 N. Enola Drive, Enola, PA 17025 apply Therefore, your petitioner(s) respectfully "~~ for the probate of the said Last Will Gnd Testament and for Letters Testamentary thereon. Dated COMMONWEALTH OF PENNSYLVANIA! ss COUNTY OF CUMBERLAND Edward Kramer for Dauphin IEposit Bank & Trust Co., Dr. Stephen M. Rydesky, Jr., and Mary Arm Thomas, named in above appl ication, being duly sworn according to law say(x) that the statements set forth in this petition are true to the best of their knowledge and bel ief. Sworn and subscribed before :~19 ~ Richard E. Anderson, Register L/- Filed: '-~ / - 1 ~ -~, .3 t' Attorney: Peter J. Ressler, Esquire I . ~ I. IDnsl lJill nttn mpshtttumt OF STEPHEN M. RYDESKY I, STEPHEN M. RYDESKY, of Enola, Pennsylvania, declare this to be my last Will, hereby revoking all prior wills and codicils FIRST: I give all my dental equipment to my son, STEPHEN M. RYDESKY, JR., if he is living on the thirtieth day following my death; if he is not living on such thirtieth day, said equipment shall pass under Paragraph FOURTH hereof. SECOND: The expenses of my last illness and funeral shall be paid from my estate. THIRD: I hereby give and bequeath, absolutely and in fee simple, to my spouse, AMELIA H. RYDESKY, my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment, provided that if my spouse dies before the thirtieth (30th) day following the day of my death, this gift shall lapse or be divested and I make said bequest to my issue, per stirpes, living at the time of my death, to be divided among them as they shall agree. If they cannot agree for any reason, my Corporate Executor shall make the decision and its decision shall be final. My Executor shall represent any minor in any division of such property and shall deliver to the person standing in the place of a parent to such minor, without bond, such portion Page I 1, "j . :; I,' ,~/ \ <1'"'.,_ "~ - - J " of the minor's share as my Executor, after considering the minor's wishes, deems appropriate and shall sell the balance and pay the proceeds to my Trustees to be retained for the minor under Item SEVENTH hereof. FOURTH: The gift to my spouse in this Item is intended to give my estate the marital deduction effective under the Internal Revenue Code to reduce Federal estate tax. Any provisions in this Will which conflict with or fail of this intention shall be so reconciled or amplified as to accomplish this objective. If my spouse, AMELIA H. RYDESKY, survives me, Trustee shall hold, IN TRUS~r, an amount, when added to all other property included in my gross estate and qualifying for the marital deduction for Federal estate tax purposes, equal to one-half (1/2) of my adjusted gross estate as determined for Federal estate purposes under the Internal Revenue Code, and pay the net income therefrom not less frequently than quarterly to my spouse for life. My spouse shall have the power to appoint all or any part or parts of the principal of this Trust to herself, her estate or any other person or persons. This po'Wer shall be exercisable by her alone and in all events by specific reference thereto in her Will, or by delivery at any time or times during her lifetime of a written direction to my Trustee who shall thereupon make payment as she directs. Trustee shall pay to my spouse's personal representatives from any unappointed portion the difference between all taxes, interest and penalties 'Which they must pay by reason of her death and those which would be payable by them if such unappointed portion were not taxable in her estate and shall add the balance of such unappointed portion to the other principal held hereunder. Page 2 rA.-.....,,'_.~'" .' \ ," /) J Y ",.,,/ 'I .\" \ I . . FIFTH: I give and devise the residue of my estate, real and personal, to my Trustee hereinafter named, IN TRUST, as follows: (a) The net income therefrom shall be paid to my spouse, AMELIA H. RYDESKY, for life. (b) Upon the death of the survivor of myself and my spouse, the principal and any interest thereon shall be divided and distributed as follows: (1) Forty per cent (40%) of said principal and accumulated income shall be paid to my son, STEPHEN M. RYDESKY, JR., if he survives the death of his parents. If he does not so survive, then to his living issue, per stirpes. (2) Sixty per cent (60%) of said principal and accumulated income shall be paid to my daughter, MARY A. THOMAS, if she survives the death of her parents. If she does not so survive, then to her living issue, per stirpes. (3) If either of my said children predecease their parents leaving no living issue, then such child's share shall be paid to my other surviving child or surviving issue of such other child, as the case may be. (4) If no children or issue of my children survive the survivor of my said spouse and myself, the remaining undistributed principal and accumulated income shall be divided into two equal shares and one share shall be paid to my heirs who would be entitled thereto under the Intestate Page 3 ~ . 1 I ." I . . Laws of Pennsylvania in effect at the death of the survivor of myself and my Spouse; and the other share shall be paid to my spouse's heirs who would be entitled thereto under the Intestate Laws of Pennsylvania in effect at the death of the survivor of myself and my spouse as if m~ spouse had then died Intestate. SIXTH: ~ Trustee may use principal of the trust under Item FOURTH hereof (marital deduction trust) only for the benefit of my spouse. With the foregoing exception my Trustee other than my Spouse may use any other principal for the benefit of my Spouse and issue as that Trustee deems necessary: (a) To meet the expense of any accident, illness or other emergency befalling any of them; (b) For maintenance, Support, and education; (c) To pay funeral expenses, including the cost of a grave marker and perpetual care of the grave. Any principal used for the benefit of my issue shall be charged as an advancement from his or her family's share of the trust. Notwithstanding the foregoing, the power to consume, invade or appropriatE~ property for the benef i t of my spouse and children shall be limited by ascertainable standard relating to Page 4 ) ,},./ ,)f.J ,j/, '\ "1 I . health, education, Support or maintenance within the meaning of subparagraph (a) of Section 2041 (b) (1) of the internal Revenue Code of 1954 or any similar provision which may be in effect at the time of my death so that such power will not constitute a general power of appointment. SEVENTH: I appoint my Trustee as Guardian to hold for minors all property payable by law to a guardian appointed by my Will and use the same for the minor's maintenance and education, either directly or by payment to any person selected to disburse it whose receipt shall be a complete acquittance therefor. All unexpended income and principal shall be paid to the minor at majority. EIGHTH: My spouse shall have the power to appoint to herself up to the greater amount of five percent (5%) or $5,000.00 annually from the principal of the trust under ITEM FOURTH hereof. This power of appointment shall be noncumulative and may be exercised during my spouse's lifetime only by her giving my Trustee written direction other than by her Will. NINTH: No provision of this Will is intended to exercise any power of appointment, including any power of appointment granted me under my spouse's will. TENTH: (a) All taxes, interest and penalties thereon payable by reason of my death with respect to property comprising my gross estate, whether or not passing under Page 5 " >' j ),J/ ;;\) ,"' - this Will, shall be paid from the principal of my residuary estate, provided however, that funds of my Trust created herein may be used to pay taxes, interest and penalties attributed to such trust assets. Taxes on future interests may be prepaid. (b) All debts I owe at my death and all expenses attributable to the administration of my estate, shall be paid from the principal of my residuary estate. ELEVENTH: No interest of any beneficiary under this Will or any codicil hereto shall be subject to anticipation or voluntary or involuntary alienation, and the personal receipt of such beneficiary shall be the sufficient and only discharge of my Executor and Trustee unless otherwise provided herein. TWELFTH: In addition to powers given them by law, my Executor and Trustee and their successors and any guardian acting hereunder shall have the following discretionary powers applicable to all rE~al and personal property held by them, effective without court order and until actual distribution: (a) To retain all property received by them including the stock of any corporate fiduciary acting hereunder, provided such property remains productive; (b) To invest in all forms of property without restriction to investments authorized to fiduciaries, so long as such investments are productive; Page 6 //'--; ill; 1/'-' I .\ - - , . (c) To join in any incorporation, partnership, re- capitalization, merger, reorganization or voting trust plan; to delegate authority with respect thereto; to deposit investments under agreements and pay assessments; and generally to exercise all rights of investors; (d) To compromise controversies; (e) To exchange or sell for cash, property or credit, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration of the trusts hereunder, without liability on the purchasers or lessees to see to application of the consideration, and to give options for these purposes without obligation to repudiate them in favor of a higher offer; (f) With respect to my residuary trust under Item FIFTH hereof, to allocate items of receipt or disbursement between income and principal as they deem equitable regardless of the character given such items by law; (g) To apply income or principal to which any beneficiary is entitled directly for his or her maintenance and support should they deem such beneficiary incapable of receiving the same by reason of age, illness or any infirmity or incapacity, or to pay the same to such person as they select to disburse it, whose receipt shall be a complete acquittance therefor, without the intervention of any guardian; Page 7 .) I 'I, ''f.. - I . " (h) To borrow money, including the right to borrow from any corporate fiduciary acting hereunder, and mortgage or pledge as security; (i) To hold investments in the name of a nominee; (j) To distribute in cash or kind or partly in each at valuations fixed by them; (k) To assume continuance of the status of any beneficiary with reference to marriage, divorce, illness, incapacity or other change in the absence of information deemed reliable without liabil- ity for disbursements made on such assumption; (1) To elect to value my gross estate for Federal estate tax purposes as of the date of my death or as of the alternate valuation date as allowed for such purposes, and to claim as income tax deductions expenses that would otherwise qualify as estate tax deductions; (m) Except to the extent necessary in order that the trust under Item FOURTH hereof qualify for the marital deduction allowable under the Internal Revenue Code, it shall not be necessary to segregate investments as belonging to a particular trust or share therein and all interests may be held in undivided form in a single fund from which proportionate distributions are made based on current reappraisals; (n) To merge any similar trust established by my spouse where the terms of the same are identical; and Page 8 /(j -) l ../1 .../ , ,.>/:;~ , - - (0) To undertake any and all acts deemed necessary and proper by it for the proper and advantageous management of any trust and the settlement of my estate. THIRTEEN'rH: No fiduciary who is a benefi- ciary of my residuary trust created in Item FIFTH hereof shall participate in the exercise of any discretionary power to use the principal thereof for the benefit of any person or to apportion or allocate items of charge or credit between principal and income of such trust. FOURTEEN'I'H: In the absence of contrary proof, my Spouse shall be deemed for purposes of this will to have survived me. Any other beneficiary hereunder who dies at the same time as me, within ten (10) days of me, or under circumstances wherein it shall be difficult or impossible to determine who died first shall be presumed to have predeceased me. FIFTEENTH: This Will shall not be modified by birth to or adoption by me of any child. SIXTEENTH :: I appoint my son, STEPHEN M. RYDESKY, JR., my daughter, MARY ANN THOMAS, and DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Harrisburg, Pennsylvania, as Executors of and Trustees under this my Will. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. Page 9 ~.;t ~ I ! / J '.' \ ,;r, f .:')'1 - " SEVENTEENTH: My Corporate Executor and Trustee shall receive compensation for the performance of its functions hereunder in accordance with its Schedule of Fees in effect from time to time during the period over which its services are performed. this _ ,I ',~ , " ' ',I, IN WITN~SS W~~OF, I have hereunto set my hand and seal day of t,;,-~.i~ 1978, to this and the preceding nine (9) pages, and I have also placed my initials on each preceding page for better identification and greater security. t(;'---;1" ,. .A,i..'.A_II..;. h ';,//1, 'STEPgEN M. ) \ ,',' J/,/, ,I f / , " ,.< /// ( "~ ?tc/t'{t(l// RYDE ' ' /,/ , ,/ / ,/ j (SEAL) SIGNED, SEALED, PUBLISHED and DECLARED by the above- named Testator, STEPHEN M. RYDESKY, as and for his Last Will and Testament, in the presence of us, who at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses: , I (j JiLE;; lei \1. i~ u-n-,) ( l,'~ / \.j , 1 Residing at / t )l c,; r' .; / l (, \ '1 K (- 1-4.-( i "- { --i I [ i ,'~ .:", Residing at ~;; /, , I L..t.U ~,_{ L (\, I r I'. i , 1: (7 ,"// J 1"1 (/ // ~' 1: ~ " <jl ~ _ _ _<\ = ~<O"" .I . ,. OATH OF SUBSCRIBING WITNESS COMMONWEALTH OF PENNSYLVANIA i ss: COUNTY OF CUMBERLAND ~ This..... .?~::.~~..................................... ................. day of..................... .~.'?y~.~~.~.... ................... 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 .............. ~.f? t~.J?...~. ~... ~~ ~.~.~ ~ .J? r... ~.~Sl~.:~ ~~... ~!;1.~.. !:.~~ .~.~~...?.~.. .~X.~~ ~!:::r.................................................................... the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of ...... ....~ tE?PJ:1.~~.. .~1....)~Y.9-.~~.~y... ................ .......... ............... ..... Dated .. .~~51.~~~.. .?.~..}.~?~...... late of...... J?A~.t. .R.E?:r1!l.~.t?!?~~ ...~~~Yf.I:l. ::!h-.~P.... ........ ...... .............. .......... ....... Cumberland County Pa., deceased who being duly .............!?V!.~;r;!).,.................. according to law, depose and say, that ....!:!:t.~.x...~~.~.~............... present, and saw and heard the testa.t9.+:........................, ....$:!:;~p.h~n..M.~...B.Y.~~.9.K.y................................ sign, seal, publish, pronounce and declare the said instrument of writing as and for h..i.s.......... Testament and Last Will, and at the time of so doing ......................h~.......................was of sound and disposing mind memory and understanding, to the best of ......................th~.~.~.............knowledge, observation and belief. . 1 I { .......... ..~_;:<::~:.~.... .:i..,. i~:-:.~-:.~.~ .~................. Peter J. Ressler, Esquire ...............s.wQr.n..................... a d subscribed before Richard E. Anderson, Register .............................. .................................../........ .~................................... I .' i (.'1 1;- .', I " ..... ~... t'. /.(~' .'":"(..0 .t. .ct. ../.,.'1:.... .;. .~.~;.~./.'- .(.(.. :,,~.. ~ :'.'~. ~.<......... Amelia H. Rydesky ,I AFFIDA VIT OF DEATH COMMONWEALTH OF PENNSYLVANIA i ss: COUNTY OF CUMBERLAND ~ PETER J. RESSLER, ESQUIRE, . ........................................................................................................................................ ....................... beIng duly ...............~:-!.??:~...................... says that as nearly as can be ascertained the said decedent .......................... Stephen M. Rydesky d' d .................................................................................................................................................................... Ie on ............ ..~~.~~~.~.~~x.............. the ............~ ~.~~........... day of .......... ?~.~~?.~:r:........................... A.D., 19.. .1.?, at or about .............'::~~7.~~~............ o'clock, ....M. .............. ..~.~~::.~....................... ..and subscribed this ............... :t7-.~~ :t;.~..................... day of 19, !~...., before November , ?Ct.t/ ;l( J /J --t:('Luu~ ............. pe t~rr"j ':"R~l4-.s l'ei ';'~iiI're""""" ...................... Richard E. Anderson, Register , OA TH 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 Dauphin Ieposit Bank. & Trust Co. by Edward KranEr, the County of Cumberland, personally came .?;'!;~"!:.9K~-1-:~.~!..}?;I;.....~:t7~p.~~..~~...~9.~:::~.~..~?::...~~.......... Mary Ann 'Ihorras who, being duly ........~~.........., do .......... depose and say that as.......~~~~~~<?~........................................ of the last Will and Testament of ..........~~~.~:...~~~.'...........................................................deceased .........:~:J:~~;Y........ 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. .....~~............. and subscribed before me. DAUPHIN DEPOSIT BANK AND TRUST COMPANY By: ;;:;:iPA".t{ a. ~/~/u"'- . .11. ~gr/l:ti :..1............... , ~91. ~i?t];t'epruilil1~l1.; . 'Rff/Ili::rcy r '/// /)- ...(6~.. ~~. c.. ...."'(7!.~.~................. . ,.~~. o Z $ C1:l .+J 00 ~ :~ :il) :00 :C1:l 'il) :(,) :il) :0 :>I: LL ~: 0': 00: J:Ll: t"-: 0 t::I: ~: :>I: P:::: ~ ....J 0 . . 0 ....J :E:! IJ:l z: - - - ...... ~ J:Ll: ~ .: :I:: 0: ~: r:: 8: J:Ll: ...... I'il: 8: '"t:l 00: il) '"t:l ..::t: '"' t"-: 0 (,) t"-: il) ~ '"' '"t:l b.O r:: C1:l co 0.- DECREE 00: f'-.: 0) '"'"i ~- H. C\!. H: <1): ..0: s: <1): :>: 0: z: '_I~", , ~); ,;/ o Z '"t:l il) - ~ Be it remembered that on the ..........:?~.~.~..... day of ................!!.?~.~.~~.~.~............., A. D., 19 .7.?..., there was probated and recorded the last Will and Testament of .....~.t~p..l:1:~~.}1.~...~y..~~~.~y.............................., late of..........~.~.~~...P.~B~~.?~.\.<?...};I.(?.~!?-.~.h;t.P............., Cumberland County, Pennsylvania, Deceased. Letters ...... .............. .'r~ .~. ~ ~!!1.~!?-.~. ~.~y....... were granted to ....~ ~ .f.lP. ~.~.~..l1:.. ..~.y.~.~. ~~il.1....c!. ~.~..... !:1.F.l. ~y... .!l!fB. J'.~~~~a s & Dauphin Denosit Bank & Trus' Co. Witness my hand and official seal the day and year aforesaid.