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HomeMy WebLinkAbout12-29-05 Register of Wills of Cumberland County Estate of In. rr14~ UJ/is...t/7/l also known as PETITION FOR PROBATE and GRANT OF LETTERS J {- [) 5,- II } c) No. To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania , Deceased. Social Security No. I e.lf - / ).., - Lf 7 ~ --c7 The petition of the undersigned respectfully represents that: Your petitioner( s), who)a11ire 18 years of age or older, and the executC1f2-S named in the last will of the above decedent, dated At!IJIIII1' S'Lft?nu-71fi~/.2. L~ /c; q 6. ,20 and codicil( s) dated I (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in d.t< Pn,qA:C>LA /I/O Pennsylvania, with lfLliast family or principal residence at ~to~(rh IVt.( ,e~iA)G- /-Iorn/'S. W~T ~ PM.he>ro (list stre~t, number and municipality) Decedent, then~ years of age, died JjtJt'fiwd!3/J,1z / ,20~, at S~'4.s- .,0. /h ' Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: County, fu--J/J , 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: IUIEw V, Iliff 4 A./# A / $ /, nc. ~I /l(' 0 $ , $ $ /, oCt II <!' cJ , WHEREFORE, petitioner( s) respectfully request( s) the probate of the last will and codicil( s) presented herewith and the grant of letters (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) thereon. \/ /' i~ t'~ f'" -1 r''''' ~ U ;~~i (:.. \..1 ~'; ,j Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND } ss: The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the know ledge and belief of petitioner( s) and that as personal representative( s) of the above decedent petitioner(s) will well and truly administer the estate according to law. ~~/V/ltt'-A- %tIlM ~f)zub~5JL ?'\ (u~tUeJr-- IJt/JZ.~~JV s Pt1{ /1/ r: C t1 No. QI "' L)0 -III 7 Estate of /J1 G-no tJ ~ / k / Sworn to or affirmed and subscribed Before~~ tI:ri~ ,~h",- day of ~/h7 ,20 O)~ { ~7~- C/l crQ' ::s ll> 2 ..., A ~ DECREE OF PROBATE AND GRANT OF LETTERS , Deceased AND NOW ~~ U c2 t 20 o{- in consideration of the petition on the reverse side hereof, satisfactory proof having been presented efore me, IT IS DECREED that the mstrument(s), dated q -~ &-.- It( q ~., , described therein be admitted to probate filed of record as the last will of ~-1 /9-.nL{'.R lAX. lie y-; and Letters are hereby granted to ,j LJ j, ^ /J tv Lt i k- ..- /- . .5!); rlJ7~y tVl gYfJ.rvir FEES Probate, Letters, Etc. ............. $ Will ................................. $ $ $ $ Automation Fee. . . . . . . . . . . . . . . . . .. $ $ $ 201lr. (fIR O.{rU IS'.uU Renunciation... . . . . . . . . . . . . . . . . . . . . Short Certificates (5) ............ JCP.................................. - ~ 0 . () () 10-00 s;. [) 6 Bond.. .............................. Total Filed {YC- () {I iD/D olJ-&"7\ C~ nlf,U/t 5htfJ)J l.-~Ly <--- t/t;. CtlI1ee/l '1V? -fi,{~<- s I tt Register of Wills 0 :t..D:1/f ~-r:- r.f.Tfl..-/2- ~ R I:Z -:. s J rW2 Ji:. r;, '8-4/ '7 Attorney (Sup. Ct. I.D. No.) /) ,-nt3"TT7E, El/.n~ 7" W&'oD'Su) d.... 1 /-f;r ? q-07 ;V. ,-::/20 ~ ,- 5T/ li;if' rr S DUra) J1711" Address 6--;) -2-=3, - Phone s-oo 1) l[iI"iI' ~L\. [e,,;. ." ., I d 1.- Dj tS -lIll?l. I 't" t'd h d I f'l d . h ThIs IS to certIfy that the mtormatlOn here gIven IS correct y cO[llec 10m an Jri,gma certl \Cate 0 eat u y I e WIt 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. LL.~;~~~ Fee for this certificate. $6.00 p 12044672 NO\' 4 2005 Date f'.-) \..~:J ~~-,.... ~.7~-' 1 \ (::) c-' H105.144RBV.1I91 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH (Coroner) "YPElPRINT IN 'ERMANENT BLACK INK 1130-109 NAME OF DECEDENT (First. Middle. Last) SEX STJIJ'E FILE NUMBER SOCIAL SECURITY NUMBER DATE OF DEATH (Month, Day. Year) November I, 2005 I- ifi fil ~ o u. o ~ z Walter Female 3. UNDER 1 DAY Hours MinLrtes DATE OF BIRTH BIRTHPLACE (City and PLACE OF DEATH (Check onlv one see instructions on other side) (Month, Day. Year) Slale or Foreign Country) HOSPITAL Bea P,7\. Inpatient 0 7. vertawn, '"'''. FACILITY NAME (If nOI institution, give street and number) =ily) 0 RACE. American It'ldian, Black, White, etc. (Specify) White '0. SURVIVING SPOUSE (If wife, give maiden name) twp CUmberland 17d.D.=h~='=of MOTHER'S NAME (First, Middle. Maiden Surname) ,.. Tarrrny Peters INFORMANT'S MAILING ADDRESS (Street. CitylTown, Stale, lip Code) ,... 105 Carlisle Road, Newville, PA 17241 PLACE OF DISPOSITION. Name 01 Cemelery, Crematory LOCJlJ"ION . CityfTown, Slate, Zip Coda or Other Place city/boro. ,Qumberla11d Valley MEm. Grds~'d. Carlisle, Pi>. 17013 NAME AND ADDRESS OF FACILITY 220. FD 012633 L ,~in Brothers Funeral Hane, Inc., Carlisle, Pi>. LICENSE NUMBER DATE SIGNED (Monlh. Day. ~r) As h xia DUE TO (OR AS A CONSEQUENCE OF)' Chokin on Food DUE 10 (00 AS A CONSEQUENCE OF)' 23b, 23c. WAS CASE REFERRED TO ME~L EXAMINERlCORONER? YesJ2"l. NoD ... I Approximate PART II: Other significant condnlons contribullng to death, but : interval between nol resulting in the underlying cause given in PART 1. ! onsaland dealh DATE PRONOUNCEO DEAD (Month, Day, Year) 2'. P. M. 25. November 1, 2005 27. PART I; Enter the diseases, injuries or complications which caused the death. Do not enter the mode of dying. such as cardiac or respiratory arrBSt, shock Of heart failure. List only one cause on each line. DUE 10 (OR AS A CONSEQUENCE OF) d. WERE AUTOPSY FINDINGS AVAILABLE PRIOR 10 COMPLETION OF CAUSE OF DEATH? MANNER OF DEATH DATE OF INJURY (Month. Day, Year) by Natural o ~ o Homicide Vas 0 NoJ'=l. Yes 0 No 0 288. 28b. CERTIAER (Check only one) -CERTIFYING PHVSICIAN (Physician certifying cause 01 death when another physician has pronounced dealh and completed Item 23) To the best 0' my knowledge, death occurred due to the C8UR(s) and manner 88 stated. . . Accident Pending Investigation o Nov. 1.2005 o . 3Gb. 5: 45 P M. o PLACE OF INJUR':' - AI home, farm, street, factory, office ~:~ing,9tC.{SP9Cdy) Nursing Home SIGNATURE AND T ................. 0310. LICE SE NUMBER DATE SIGNED (Month. Day, Year) o 3'c. 3,d. November 2, 2005 NAME AND ADDRESS OF PERSON WHO COMPLETED CAUSE OF DEATH (IIem27)Typeo,Pdnl Michael L. Norris, Coroner ~ 6375 Basehore Road, Suite III ~R Mechanicsburg, Pa. 17050 Newville, PA Slrlcide 2.. Could not be del ermined Coroner -PRONOUNCING AND CERTIFYING PHYSICIAN (Physician both pronouncing death and cer1ilying 10 cause 01 dealh) To the best ot my knowledge, death occurred al the time, date, and piece, and due to the causees) and manner 8S stated.. . 'MEDICAL EXAMINER/CORONER On the b..I. ot examination and/or Investigation, In my opinion, death occurred at the tlm., date, and place, and due to the cause(s) and mBnner a8 stated. ,............. 31.. REGISTRAR'S SIGNATURE AND NUMBER 34. ~. ~e.u-~~ ~il ~I i 101 1Uast llill an~ Q[e$tctm~ttt Vi" M. GRACE WALTER I, M. GRACE WALTER, of Newville, Cumberland County, Pennsylvania, declare this to be my last Will, hereby revoking all prior wills and codicils. FIRST: The expenses of my last illness and funeral shall be paid from my estate. SECOND: If I survive my husband, JOHN F. WALTER, I give the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) to THE EVANGELICAL CHRISTIAN CHURCH, "B" Street, Carlisle, Pennsylvania. THIRD: I hereby give and bequeath, absolutely and in fee simple, to my spouse, John F. WALTER, all 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 Executor shall make the decision and its decision shall be final. My Executor shall represent any minor child 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 1 Cl i ::~! 11'1 ,... "'-) .,. ~) '-I .....- .'... '/- l B i /1 --L!I~-~/ / Vl.'___ 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, JOHN F. WALTER, survives me, I direct that my Trustees, hereinafter named, hold, IN TRUST, an amount free of all taxes equal to the maximum marital deduction allowable to my estate for Federal estate tax purposes, reduced by an amount, if any, needed to increase my taxable estate to the largest amount that after allowing for the unified credit and any other credits available to my estate, will result in no Federal estate tax, and pay the net income therefrom not less frequently than quarterly to my spouse for life. My spouse shall have power to appoint all or any part or parts of the principal of this Trust to himself or a class composed of the issue of myself and my spouse. This power shall be exercisable by him alone and in all events by specific reference thereto in his Will, or by delivery at any time or times during his lifetime of a written direction to my Trustees who shall thereupon make payment as he directs. My Trustee shall pay to his personal representatives from any unappointed principal the difference between all taxes, interest and penalties which they must pay by reason of his death and those which would be payable by them if such unappointed Page 2 71/14. u/ principal were not taxable in his estate and shall add the balance of such unappointed principal to my residuary Trust. 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, JOHN F. WALTER, for life. B. Upon the death of the survivor of myself and my spouse, the sum of ONE MILLION DOLLARS ($1,000,000.00) shall be held, IN TRUST, and distributed as follows: (1) The principal shall be further divided into two equal shares of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) each, and one share shall be held, IN TRUST, for my each of my children, JOHN D. WALTER and SHIRLEY M. BRANDT. Thereafter: (a) The net income from each child's share shall be paid to that child for life. (b) Upon the death of each of my children who survive the survivor of my said spouse and myself, the share of principal from which he or she is eligible to receive income shall be paid to his or her surviving issue, per stirpes, or in default of such issue, shall be paid to my remaining child and the then living issue of any deceased child, per stirpes, to be held in trust for my remaining child as part of the share from which he or she receives income and to be paid over to the issue of deceased children. Page 3 /j~ U/ (c) If no 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 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 my spouse had then died Intestate. C. Upon the death of the survivor of myself and my spouse, I hereby give and bequeath all the rest, residue and remainder of my estate, other than that amount set aside under subparagraph B. hereof, equally to my children, JOHN D. WALTER and SHIRLEY M. BRANDT. In the event either of said children should predecease the survivor of my said spouse and myself, his or her share shall be paid to his or her issue, per stirpes, or, in default of such issue, shall be paid to my remaining child or the then living issue, per stirpes, of a deceased child, as the case may be. 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 may use principal from the trust under Item FIFTH hereof (Residue Trust) for the benefit of my spouse and issue, as that Trustee deems necessary: (a) To meet the expense or any accident, illness or other emergency befalling any of them; Page 4 ')//1' ~ LU (b) For maintenance, support and education (including college and graduate school); (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. Further, any invasion on behalf of any issue cannot exceed the amount that would be allocated to his or her family's share of such trust. Notwithstanding the foregoing, the power to consume, invade or appropriate property for the benefit of my spouse and issue shall be limited by ascertainable standard relating to health, education, support or maintenance within the meaning of subparagraph (a) of Section 204l(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. For purposes of this Will, majority shall be construed to be when the individual attains the age of twenty-one (21) years. Page 5 )1/ _,{t, &() , EIGHTH: No provision of this Will is intended to exercise any power of appointment, including any power of appointment granted to me by my spouse's estate planning or other documents. NINTH: 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 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. TENTH: 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. ELEVENTH: 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 real 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; Page 6 ~.~,~ (b) To invest in all forms of property without restriction to investments authorized to fiduciaries, so long as such investments are productive; (c) To join in any incorporation, partnership, recapitalization, 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 M.4,~ (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 liability 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 and other elections allowable under law; (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; Page 8 ~.~.0 (0) In the event that I am the beneficiary of a qualified terminal interest trust and the same is taxable in my estate, I direct that my Executor shall seek reimbursement from said trust for all taxes due by my estate because of the inclusion of such trust in my estate, said computation of taxes due to be computed by taking taxes owed by my estate and such property included therein as compared to the taxes my estate would owe in the event said property were not taxable in my estate; and (p) 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. TWELFTH: No fiduciary who is a beneficiary 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. THIRTEENTH: Any person, other than my spouse, who shall have died within thirty (30) days of my death, shall be deemed to have predeceased me. If my spouse and I die simultaneously, or under such circumstances that the order of our deaths cannot be established by proof, my spouse shall be deemed to have predeceased me. Any person (other than myself) who shall have died at the 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. Page 9 71; jj - f(1 &-.1/ FOURTEENTH: I appoint my spouse, JOHN F. WALTER, and my children, JOHN D. WALTER and SHIRLEY M. BRANDT, as Co-Executors of, and as Trustees under this my Will. In the event my said spouse cannot act or continue to act as Executor and/or Trustee for any reason, my said children may continue to act alone in his place. No fiduciary acting hereunder shall be required to post bond or enter security in any jurisdiction. IN WITNESS WHEREOF, I have hereunto X ~ " seal this ~i:ft day of /--)-rJ02~A/ljJ..,~ and the preceding nine (9) pages, and I have set my hand and , 190t~ to this also placed my initials on each preceding page for better identification and greater security. ?/; 4 /) -,~1.~ I~l ('.J!Ii/2-- M. GRACE WALTER (SEAL) SIGNED, SEALED, PUBLISHED and DECLARED by the above-named Testatrix, M. GRACE WALTER, as and for her Last Will and Testament, in the presence of us, who at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses: ~ ~' jlJ.~ t .. ~ Residing at2 tiJ'-""J liJAA//)u>, (/'ZRtJ / ~A./1AA /( 41 ~ I /lc., IJ cJ..) ".) Residing at 5.)'- ~ /Ld. )u<-u~J;> fL. :'7 /.'^-j' ~: .r-- J..rt'll ) //~1;~~"'''\.s- ;1 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~i ... ~ tl-0<-t-1LVV'- : SS. I, M. GRACE WALTER, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. ,/ II 7;! / Ai./' 1--CL.CL fA J a J!1;-f, (SEAL) M..GRACE WALTER Swom to and subscribed befor~ me this d ~ day J:; m' z/ of ';fZ/iV.J).iA. , 19&. !/J~;. : " ' l./' '-:/v'- lic My Commission Expires: Notarial Seal Linda J. Olsen, Notary Public Susquehanna Twp., Dauphin County l My Commission Expires Sept. 8, 2000 Member. Pennsylvania Association of Notaries (SEAL) AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN We, Peter J. Ressler , and John F. Walter the Witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix, M. GRACE WALTER, sign and execute the instrument as her Last Will and Testament, that Testatrix signed willingly and that she executed said Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as Witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. 1~ '.b(j ( Witness /\ ".' /f:Q....<L4...JL~ f 1.' j., ~~I- . IrA -{ T )(;I{.t-J:./~7-- WitnJs Sworn to and subscribed before me this db day of ..,f~.'Lt....,J;.<,- ,19 -ih . I (SEAL) Notarial Seal , L'lnda J Olsen Notary Public . , h' County Susquehanna Twp",Daup I~ 8 2000 '::\1 CommiSSion Expires Sep, , \I!i;~nber Pennsylvania Association of Notaries My Commission Expires: