HomeMy WebLinkAbout11-13-78
No. 21-78 G1G
PETITION FOR PROBATE OF WILL AND LETTERS TEST AMENT ARY
in the Estate of SARA G. HILLER , deceased.
To Richard E. Anderson, Register of Wills for the County of Cumberland,
in the Commonwealth of Pennsylvania.
is
Petitioner(s) an!Kthe executor named in the Last Will and
Testament of Sara G. Miller dated August 23, 19.77
Decedent was a citizen of the United States and a resident of
East Pennsboro T:rvmship
~ Cumberland County, Commonwealth
of Pennsylvania.
Decedent died on Wednesday the 18th day of October
,
A. D. 19 78 , in the County of Cumberland , State of
Pennsylvania at the age of 69 years.
RllIll ~ her
Decedent has not been married and has not had children born to ilImc
since the execution of the above described Will.
Decedent was possessed of personal property to the value of
$17,000 and of ,eal estate to the value of
None as near as can be ascertained; said real
estate situated as follows N/A
~
Therefore, your petitioner(<s) respectfully applies for the probate
of the said Last Will and Testament and for Letters Testamentary thereon.
Dated November 9, 1978
Name and address ~.
of Petitioner(s) f 0, fSCJ'K
~ G 1 Br e:.I~ t\ra LeL Road p)(,
H/JttIlI Jf& tU, /,'Og
C~p Rill, Pennsylvania 11811
COMMONWEALTH OF PENNSYLVANIA}
ss
COUNTY OF CUMBERLAND
"'""- william E. Miller J(L
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 belief.
Sworn and subscribed before
me,
0Yc
william E. Miller, Jr.
Filed; November 13. 1978 Attorney: Keefer, Wood, Allen and Rahal\
208 Walnut Street ~~
..... ...- ~ . ~ I~ ,-~ - H"rr; "Rllr.<L P". 1710B "'-.1\- /'
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 ......IdI4:-:I.~....?..!!J/~......~..........no...
who, being duly ..~......, do !(;C... depose and say that as.....klS.~t/.r...~.................................
of the last Will and Testament of .....~......?.......~.<~.....................................deceased
............~~......... 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. ...........~.W9.r.~...... and subscribed
before me.
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DECREE
Be it remembered that on the ......}}~~..no.. day of ....................~~!.~~.~~........., A. D., 19 ?~...., there
was probated and recorded the last Will and Testament of .......~~.~~...~.~..~~~.~~~....................................,
late of..............~.~~~...r.~.~;l!.~!?~~..!~~~!?-.~.~........, Cumberland County, Pennsylvania, Deceased. Letters
Te.tamentary William E. Miller, Jr.
....................................................... were granted to ................................................................................. .........
Witness my hand and official seal the day and year aforesaid.
Richard E. Anderson, Register.
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N 21-78 r.:t.&
0..................................
Renunciation and Request
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In the Matter of the Estate of ..5~......~...../!JJ.~.~.......................................................
To ...:::1f.L.c..J1.a.r.:~....f$........B..n.!.~...:l...~~........................................, Esq., Register for the Probate of
Wills and granting Letters of Administration for the County of Cumberland, in the Commonwealth of Pennsylvania.
............, the undersigned, being the ....It.f,(?.L(T?J...f:=...........................................................................................
.......__......_._____.......................-n..............---...............___.....__d__..._____.....____.......______.h....___.u.....___........_n.......__........__...............-...
_._.__.....___......__.....___n_h..__n.....__n__....._.......___....._........_._.._....n....._.__n__..________...______.......__........---....-.-............--............................
....__ .. ..n...__....____.__................_n................n. _.._n...._...__............... __ .nn_..._____...._____n....______......._n....................n.n.....__..................
.__.............._n_...._.__n....__.__.....___...___._n.....____...._n_......______.....____._._...____n..._._.__._.....___......_______.._.__n___..._...___........._nn..._...-----......
do hereby renounce ................M.Y..................................right to have Letters ..7g.['~~~~'1
.......................................................................... on said Estate issued to ......m.L...................................................
................................................................................................. ..............~..................., and do hereby request you to grant
the same to .....0.!...L~.~!..~........r?-'-..JY1..l.~(~...,....!.f?..,............................................................
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Witness............ ....hand.~ .............and sea!.............. ..this....~..... ....~........~..............................................................
day of .1Y0Iktf.~................A. D. 19.1E
Sealed and delivered in presence of
.....__..._._.._...._..._.__...___...._......__._._..._..___......____.___....n ......u.......u...........u..........uonu.mon........u (L. S.)
un ._n' uu ..n' _ _ ___. __ _ _... _ _.._ _... _.u u, ... _ n ..n.._ n" .nu n_ _n. _.n .......on....................u......on..on..m.....mum(L. S.)
unnun_._......__n_.____u_n_n.__..n_____._.._...__.nh.._______n__... ................................mu..um.....mmu....... (L. S.)
__n.._._____.._.....___..__u.__n..__n_n__n....n.n.nn.....unu_h_... ......on.....on..................um.......um............ (L. S.)
n _nn_ n _. _. __ _.. _ __ _ _ _. _ _ _. _ _ n' Un__.____... _n_ .....nn__d___ h __n__. --- ........m....u...........m....u..um....monm....... (L.. S.)
.._.n.._..u._n..___.__.._.._nn__...__n____._.n_n~.__n._n__...____.nU .~.................on.....................U........mmon.. (L. S.)
_.u___...n_____.___._.......__._.nn____....._n.___n.n__......n____h..n ..............on......................on.........u..m...... (L. S.)
LAST WILL AND TESTAMENT OF
SARA G. MILLER
I, SARA G. MILLER, of Camp Hill, East pennsboro Township,
Cumberland County, Pennsylvania, do hereby make this my Last Will
and Testament, revoking any former Wills and Codicils made by me.
FIRST: I give my tangible personal property and all insurances
thereon to my husband, William E. Miller, or, if he does not survive
me, to my issue who survive me, to be divided between or among them
as they may agree, my Executor to represent any minor children in
such division. In the absence of agreement, my Executor shall make
such division as it deems appropriate, having due regard for the
personal preferences of my children. My Executor may sell any such
property allocated to a minor that it deems unsuitable for such
minor's use, and may pay the proceeds to the minor or to the person
maintaining said minor or may deposit said proceeds in the minor's
name in a bank or savings institution of its choice, payable to
the minor at majority. My Executor may distribute any such property
allocated to a minor directly to the minor or to the person maintaining
said minor.
SECOND: I give, devise and bequeath One Thousand Dollars ($1,000.00)
to the Tri-County Association for the Blind, Harrisburg, Pennsylvania,
unrestricted as to use.
THIRD: In the event that my husband, William E. Miller,
survives me, and he shall be deemed to have predeceased me, unless
it is clearly proven that he survived me, I give, devise and
bequeath all the rest and remainder of my estate, real, personal
and mixed, to my husband, William E. Miller.
In the event that my husband, William E. Miller, predeceases
me, and he shall be deemed to have predeceased me, unless it is
clearly proven that he survived me, I give, devise and bequeath
all the rest and remainder of my estate, real, personal and mixed,
in equal shares to my two sons, William E. Miller, Jr., and Thomas G.
Miller. In the event either of my said sons fails to survive me,
his share shall go to his issue, per stirpes. In the event that
either of my said sons fails to survive me and dies without issue,
his share shall go to the survivor of them, or to the survivor's
issue, per stirpes.
In the event that no issue survive me, I give, devise and
bequeath all the rest and remainder of my estate, real, personal
and mixed, as follows:
(a) Fifty percent (50%) to the Tri-County Association
for the Blind, Harrisburg, Pennsylvania, unrestricted as to use;
(b) Fifty percent (50%) to Polyclinic Medical Center of
Harrisburg, Pennsylvania, unrestricted as to use.
FOURTH: If any individual beneficiary who would otherwise receive
an interest of my probate estate through Item THIRD is under thirty
(30) years of age, I direct that his (the masculine to include the
feminine) interest be held in trust by National Central Bank, herein-
after called Trustee, until such beneficiary reaches thirty (30)
years of age.
My Trustee shall apply such amounts of income and principal
as it, in its sole discretion, deems proper for the support, education
and welfare of such beneficiary, and may accumulate any unexpended
balance of income to the extent permitted by law. Without the inter-
vention of a guardian, such amounts may be applied directly or may
be paid to the beneficiary or to the person with whom such beneficiary
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resides or to the person who has the care and control of such benefi-
ciary. My Trustee shall not be obliged to supervise or inquire into
the application of such amounts by such person, and the receipt of
such person shall be a complete release of my Trustee. Should the
share of a beneficiary, in the sole opinion of my Trustee, be or
become too small to warrant continuing such fund in trust, or should
its administration be or become impractical for any other reason,
my Trustee, in its sole discretion, may pay such share, absolutely,
without the intervention of a guardian, to the beneficiary, to the
person who has the care and control of such beneficiary, or may
deposit such share in the beneficiary's name in a savings account
in a savings institution of its choosing, payable to the beneficiary
at majority, which I define as twenty-one (21) years.
Should a beneficiary die prior to reaching the age of thirty
(30) years leaving issue, his interest shall be allocated among
said issue by my Trustee and held in trust for said issue, subject
to the same trust provisions of this Will, but subject to the additional
qualification that final distribution be made to each said issue upon
his reaching twenty-one (21) years, or to his estate in the event
of his death.
Should a beneficiary die after reaching the age of twenty-one
(21) years, but prior to reaching the age of thirty (30) years leaving
no issue, his interest shall be distributed as he may specifically
direct in a valid Last will and Testament. Unless such specific
direction is made, the interest of a beneficiary who dies at any
age prior to reaching the age of thirty (30) years leaving no issue
shall be divided among his brothers and sisters and the issue of
deceased brothers and sisters, per stirpes, or, if none exists,
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among my issue, per stirpes, or, if none exists, among the persons
and in the proportions set forth in the final paragraph of Item
THIRD, provided that any portion of such interest payable to a
person who is the beneficiary of a subsisting trust under this will
shall be added to said trust, and be paid over to said beneficiary
in accordance with the provisions of said trust.
FIFTH: I name my husband, William E. Miller, as my Executor.
In the event that my husband, William E. Miller, is unable or unwilling
to serve, I name my son, William E. Miller, Jr. , as my Executor. If
my son, William E. Miller, Jr. , is unable or unwilling to serve, I
name my son, Thomas G. Miller, as my Executor. If my son, Thomas G.
Miller, is unable or unwilling to serve, I name National Central Bank,
222 Market Street, Harrisburg, Pennsylvania, as my Executor. I direct
my Executor to serve without bond in any jurisdiction in which called
upon to act.
SIXTH: I give to any Executor, Executrix or Executors and to
any Trustee or Trustees, named in this Will, or any Codicil hereto,
hereinafter referred to in the singular neuter gender, the following
powers during the administration and until the completion of the dis-
tribution of my estate, and until the termination of all trusts created
hereunder and until the completion of the distribution of the assets of
such trusts, in addition to, and not in limitation of, any authority
given it by law or by other provisions hereof:
(al To retain any property of any kind of which I may
die possessed, and to invest and reinvest any such property;
(bl To invest and reinvest in such stocks, bonds or other
prope rty , either real or personal, including any common or diversified
trust funds maintained by corporate fiduciaries, as it, in its sole
discretion may deem wise, without being limited to what are known as
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"legal investments" and without responsibility for diversification;
and to deposit and maintain, in its sole discretion, funds in such
amounts as it deems proper in banks of its choice, including the keeping
of reasonable amounts of cash in banks uninvested;
(c) To exercise any options to subscribe for stocks, bonds
or other investments; to vote, in person or by proxy, securities
held by it and in such connection to delegate its discretionary powers;
to join in any plan of lease, mortgage, merger, consolidation, exchange,
reorganization, foreclosure or voting trust and deposit securities
thereunder of any corporation in which my estate and trusts may hold
stocks, bonds or other securities; and generally to exercise all the
rights of security holders of any corporation;
(d) To sell, transfer, convey, mortgage, pledge, grant
options for sales or exchanges, lease for any period of time or ex-
change any property, real or personal, which at any time may form part
of my estate, for the payment of debts or taxes, or for any purpose of
administration or distribution, at either public or private sale, for
such prices, either in cash or for credit, and upon such terms as it,
in its sole discretion, may deem wise, and to execute and deliver
deeds of conveyance or transfer thereof, without any liability on the
part of the purchaser or purchasers, or anyone else dealing with it
with respect to my said property, to see to the proper application of
the purchase money or proceeds;
(e) To renew notes or debts of mine, and to borrow sums
of money from any person, including any fiduciary, giving such security
therefor, including a pledge or mortgage, as it, in its sole discretion,
may deem to be for the best interests of my said estate and trusts;
(f) To make settlements and to compromise claims, by or
against my estate or trusts, including without limitation, any questions
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relating to taxes or to any policy of life insurance, on such terms
as it, in its sole discretion, may deem wise without the necessity
of obtaining any court approval thereof;
(g) To make distribution hereunder either in cash or in kind,
or partly in each, as it, in its sole discretion, deems wise;
(h) In its discretion, to amortize from income premiums paid
for investments which are callable, or have a fixed maturity;
(i) To pay from my estate the expenses of my last illness
and funeral.
SEVENTH: The words "issue" and "children" whenever used in
this Last will and Testament shall include adopted children.
EIGHTH: No interest of any beneficiary under this will or
any Codicil hereto shall be subject to anticipation or to voluntary
or involuntary alienation.
NINTH: All estate, inheritance, succession and other death
taxes imposed or payable by reason of my death and interest and
penalties thereon with respect to all property comprising my gross
estate for death tax purposes, whether or not such property passes
under this Will, shall be paid out of the principal of that por-
tion of my general estate which does not constitute part of the
marital deduction, as if such taxes were expenses of administration
without apportionment or right of reimbursement. I authorize my
Executor and Trustee to pay all such taxes at such time or times
as deemed advisable.
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IN WITNESS WHEREOF, I have set my hand and seal on this my
Last Will and Testament this ~~~day of , 1977.
(SEAL)
SIGNED, SEALED, PUBLISHED and )
DECLARED by Sara G. Miller, )
as and for her Last will and )
Testament, on the day and year)
last above written, in the )
presence of us, who, at her )
request, in her presence, and )
in the presence of each other,)
all being present at the same )
time, have hereunto subscribed)
our names as witnesses: )
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OATH OF SUBSCRIBING WITNESS
COMMONWEALTH OF PENNSYLVANIA f ss:
COUNTY OF CUMBERLAND
This...n.....~~~............. ....00.............00. ..........0000... day of 00...00.. ......~~y.~~.~:r;... 00.. 00............ ........00 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, in the Commonwealth of Pennsylvania, personally came ..............
..........!ii.,...D.QnAld. ..J.~.o.I:<;;i.'O'll..A{Hl..J..,.. .j;;Q.Jq,j,n...W~..t..g;j..li!...... ... ....... .......... ..................00..... ..... ............ ........ ....
the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and
Testament of .....?~.~.~..~,nJ:tj,;I...l~);'.......n..nn................n........nn......n.....00.00 Dated n~!+!l>!!?t.n~}'n.J~.7..7.....
lateof......?~.~.t...~.'~m;r:t.!'!!?9.F.9.nr.9~n!?))Jp.r........n..n....nn.......0000.0000.0000.00. Cumberland County Pa., deceased
who being duly n..nn!'!~!?F.~.n.....nn...n.....n according to law, depose and say, that .n~g~Y...~~.;::~....nn..nnn
present, and saw and heard the testatF.;i,?C:nn.n...n........n, ..... p.!'!-.F.~...~ ..... !1;i,,+. f.~J'. t......................................
sign, seal, publish, pronounce and declare the said instrument of writing as and for h.~.;::..n...... Testament
and Last Will, and at the time of so doing .........!>.I;\!'lnn.nn......n.n.....nnn..was of sound and disposing mind
memory and understanding, to the best of ...nn.......t.h~.~J:;.n...........n.nnknowledge, observation and belief.
.........n.~~.c?r.n-........................ an subscribed. before
.......... ..................................................................................
Richar
AFFIDAVIT OF DEATH
COMMONWEALTH OF PENNSYLVANIA f ss:
COUNTY OF CUMBERLAND
..........t:!If!:!.~......~....!.!:f./.c;,~......~:.s.......................................................................being duly
..nn:::':.:..~.~.....nn...n..nn... says that as nearly as can be ascertained the said decedent ...000000.00.00..00000000.
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......... ..........0000.................. .......00........... .............. .......... ....... ... .......... ....00.................. .................. .......... .......dled on
n.w..~4?t?!?7-........ the ....n.....l$....~.......day of ...........Q..<::'0!.~........... A.D., 19Z'~.,
at or about ..............00.......................... o'clock, ....M.
..............n..n...~~~7.~.......n........and subscribed. this
....................n.~.~~n........nnn.. day of ....~~!.~.~!?~r..
197~nn..' before
.............
Richard
(;98