HomeMy WebLinkAbout12-28-05
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of
also known as
Ethel S. Schlosnallle
No. 21-05 III ~
To:
Social Security No
215-12-2273
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the executors named
in the last will of the ahove decedent, dated Oct.25,2001
and codicil( s) dated N/ A
(state relevenat circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland
the Decedent's last family or principal residence at
1100 Walnut Street, Boroullh of Carlisle
County, Pennsylvania, with
(list street, number and municipality)
Decedent, then 84 years of age, died Nov.6,2005
at Thornwald Home, Carlisle PA
Except as follows, decedent did not marry, was not divorced and did not have a child horn or adopted after
execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent:
No Exceptions
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:
$ unestimated
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters Testamentary
(testamentary; administration c.I.a.; administration d.b.n.c.t.a.)
thereon.
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ffi ~ature(s) ofPetitioner(s)
WH../ ,--/ f J""'~ ~
e S. Cowden 01d
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Carol A. Bradford
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Residence(s) of Petitionllr(S)
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19 LOll Cabin Rd.,Newville PA 11241
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South Royal Street,Alexandria VA 22314-
OATH OF PERSONAL REPRSENTATIVE
COMMONWEATLH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are
true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law.
~~/ ..d . {!(f"Wrtp~
e . Cowden
Sworn to or affirmed an~ ~bscribed
before me this 'l- 1> day of
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Estate of Ethel S. Schlosnagle
Deceased." ,
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DECREE OF PROBATE AND GRANT OF LETTERS .;
AND NOW _D ECI2:nII3ER 2g ,20~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
October 25,2001 , described therein be admitted to probated filed of record as the last will of
Ethel S. Schlosnagle ; and Letters are hereby granted to
Jane S. Cowden and Carol A. Bradford
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Register of Wills
Probate, Letters, Etc.
Will
Renunciation
Short Certificates 0 )
JCP
Automation Fee
Bond
Filed_I 'J... ~g
FEES
$
$
$
$
$
$
$
Total S- $ -WF)~ .() ()
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RobertM.Frey #06274
ATTORNEY (Sup. Ct. I.D. No.)
5 South Hanover Street
Carlisle, Pennsylvania 17013
ADDRESS
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(717) 243-5838
PHONE
REGISTER OF WILLS OF CUMBERLAND COUNTY
OATH OF SUBSCRIBING WITNESS
Estate of Ethel S. Schlosnagle
NO. 21-05 - II \ 5-
Also known as
.Deceased
Robert M. Frey and Trisha A. Liess
(each) a subscribing witness to the will presented herewith, (each) being duly qualified according
to law, depose(s) and say(s) that they were present and saw Ethel S. Schlosnagle, the
TESTATRIX, sign the same and that they signed as a witness at the request of Ethel S.
Schlosnagle, TESTATRIX in their presence and (in the presence of each other) (in the presence of
the other subscribing witness( es)).
Sworn to or affirrnedrd subscribed before
me this :z. day of Robert M. Frey
~ER ~. L ~5s.HanoverStreet.carlislePA 17013
fuidWluw n i/ ~ /' ci
.-- Register ~L tI/- I' ...0
Trisha A. Liess
5 S.Hanover Street. Carlisle P A 17013
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HI05.l\05 REV 1/05
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
2:L.~.~~~~
Local Registrar
Fee for this certificate, $6.00
p
12044726
NOV
7 2005
Date
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COUNTY OF DEATH
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
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NAME OF DECEDENT (Firat, Middle. LnI)
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AGE (Last601hday)
Ethel S. Schlosnagle
SOCIAl. SECURITY NUMBER
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BIRTHPLACE (C1Iy_
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INFORMANTS MAILING AOORESS (1ltrMt, ctIyf1'own, S1llIe. ZIp Code)
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LAST WILL AND TESTAMENT
OF
ETHEL S. SCHLOSNAGLE
I, ETHEL S. SCHLOSNAGLE, of 1100 Walnut Street, in the Borough of Carlisle
Cumberland County, Pennsylvania, being of sound and disposing mind,inemor)L, and
understanding, do hereby make, publish and declare this as and for my Last Will and Testament,
hereby revoking and making void any and all Wills by me at any time heretofore made.
1. I direct my hereinafter named Executrices to pay all of my just debts and funeral
expenses as soon after my death as may be found convenient to do so.
2. I give and bequeath all of my interest in household goods and furnishings and all
. automobiles which I may 'own at the time of my death, and all of my articles of personal use and
adornment, to my husband EUGENE S. SCHLOSNAGLE
3. All of the rest, residue and remainder of my estate, real, personal and mixed, and
wheresoever the same may be situate, I give, devise and bequeath to my hereinafter named Trustees,
in trust, to receive and to invest the same, and subject to the terms, conditions, powers, and duties
hereinafter set forth, as follows:
The Trustees shall hold and manage the property and securities, together with such other
property as may be acquired during the existence of this trust, all of which said property will
hereinafter be referred to as the "Trust Estate" upon the terms and conditions, and for the uses and
purposes, and with the duties and powers hereinafter set forth, as follows:
To hold and manage the said Trust Estate and pay to or for the benefit of my husband,
Eugene S. ScWosnagle so long as he shall live, all of the net income arising therefrom at least
annually, and upon his death if he shall survive me, or immediately upon my death if he shall fail to
survive me, the Trust shall terminate and the same shall be divided equally between my daughters
who are JANE S. COWDEN and CAROL A. BRADFORD, provided each of them shall survive
both me and my husband, EUGENE S. SCHLOSNAGLE, by a period of ninety (90) days, but
should either of my said two daughters fail to so survive both my husband and me, then the share
which would have been distributed to such deceased daughter of mine shall lapse and be added to
the share of my other daughter.
Should neither of my said two daughters survive both my husband and me by a period
of ninety (90) days, then in such event the Trustees shall terminate said trust and divide the same
as follows:
One-half to my son-in-law, WILLIAM K. COWDEN, provided he shall survive both
my husband and me by a period of ninety (90) days, but should he fail to so survive me then the
same shall be added to the balance thereof and the balance thereof shall be divided equally among
such of my husband's 10 brothers and sisters as shall survive me by a period of ninety (90) days,
but if any of them shall fail to so survive me then the share such deceased brother or sister would
have received shall pass to such of his or her issue who shall survive me by a period of ninety (90)
days, per stirpes, but if there be no such issue the same shall lapse and be divided equally among
the shares of my other brothers and sisters.
No title in the Trust Estate hereby created or in the income accruing therefrom or in its
accumulation, shall vest in any beneficiary and no beneficiary shall have the right or power to
transfer, sign, anticipate of encumber his or her interest in said Trust Estate, or the income
therefrom, prior to the actual distribution thereof by the Trustees to said beneficiary. Further,
neither the income nor the principal of the said Trust Estate shall be liable in any manner in the
possession of the Trustees, for the debts, contracts or engagements of any of the beneficiaries.
4. I hereby nominate, constitute and appoint my said two daughters, JANE S.
COWDEN and CAROL ANN BRADFORD and the survivor of them as Trustees. but shollld
both of the become deceased or desire to cease serving as such then a successor Trustee shall be
selected by them subject to approval by the Cumberland County Court having jurisdiction of the
Trust.
5. I hereby nominate, constitute and appoint my said two daughters, JANE S,
COWDEN and CAROL ANN BRADFORD and the survivor of them as Executrices of this my
Last Will and testament and direct that neither of them shall be required to post any bond to secure
the faithful performance of her duties in the Commonwealth of Pennsylvania or in any other
jurisdiction.
8~~~ 3,
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Page 1 of3
6. In addition to the powers conferred by law, my hereinbefore named Trustees
and Executrices, and their Successors, are empowered:
(a) To invest any part of the trust corpus in such securities, investments, or other
property as may be deemed advisable and proper, irrespective of whether the same are authorized
for the investment of trust funds under the laws of any governing jurisdiction.
(b) With respect to any corporation, the stocks, bonds, or other securities of which
may be held, to vote in person or by proxy on any shares of stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale
of the property of any such corporations; to make any surrender, exchange or substitution of such
stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of
such corporations; to pay all assessments, subscriptions and other sums of money which may be
deemed wise and expedient for the protection and maintenance of the proportionate interest of the
investment in such corporations; to exercise any option or privilege which may be conferred upon
the holders of such stocks, bonds, or other securities of such corporations either for the conversion
of the same into other securities or for the purchase of additional securities, and to make any and all
necessary payments which may be required in connection therewith; and generally to have and
exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is
not under trust obligation.
(c) To hold the trust corpus in one or more consolidated funds in which separate
shares shall have undivided interests.
(d) To sell at public or private sale for cash or upon credit, or partly for cash and
partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of
the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or
propriety of any such sale or to see to the application of the purchase moneys arising therefrom.
(e) To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
(f) To compromise, settle or arbitrate any claim or demand in favor of or against the
trust estate.
(g) And authorized in the discharge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be charged against the
principal or income of the trust fund, and shall further be entitled to charge against the principal or
income such other reasonable expenses and charges as may be necessary and proper to incur for
the proper discharge of fiduciary duties and for the proper management and administration of the
trust estate.
(h) In making any division of property into shares for the purpose of any
distribution thereof directed by the provisions of the trust, to make such division or distribution,
either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and
in making any division or distribution in kind may allot any specific security or property or any
undivided interest therein to anyone or more of such shares, and to that end may appraise any or all
of the property so to be allotted and the judgment as to the propriety of such allotment and as to the
relative value for purposes of distribution of the securities or property so allotted shall be final and
conclusive upon all persons interested in the trust or in the division or distribution thereof.
(i) And authorized to register any shares of stock or other assets of any trust in
their own names or in the name of a nominee.
(j) To retain and invest in shares of stock of my Trustee.
(k) To retain any investments including mutual funds which I may own at the time
of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual
funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the
investment of trust funds under the laws of any governing jurisdiction.
(I) To determine from time to time whether all or some portion of realized capital
gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to
be retained as part of the corpus, and such designation need not be consistent from one year to
another.
[the. \ S, ~~losiL~\L
Page 2 of3
IN WITNESS WHEREOF, I have hereunto set ~ l;1'lnd and seal to this my Last Will and
Testament written on three (3) pages, this ~ft. day of \)~, 2001.
E.~d ~ S~Ll)SfL~\~
Ethel S. Schlosnagle
(SEAL)
Signed, sealed, published, and declared by ETHEL S. SCHLOSNAGLE the Testatrix above
named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request,
and in the presence of each other, have hereunto subscribed our names as attesting witnesses.
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