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HomeMy WebLinkAbout01-10-06 .~ ~.. .. ~ Register of Wills of Cumberland County PETITION FOR PROBATE and GRANT OF LETTERS Estate of T~D'fN\S A-L It?u STOwE No. g }- D (g -0 tJ::A.~ also known as To: Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania , Deceased. Social Security No. '- S 9 - I (0 - 51lofO The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the executOV' named in the last will of the above decedent, dated MAQ(\,..\ .3'0 ,20&5" and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in L U VYJ bey" l Q V'\ A Pe~lvlplj~ with h~last family or principal residence at f\ A 110S - \...l. -^. ^^ ~l / ''T'I. '\ n, \ 0 K \ Y\ 9 ~ A ({. W\. S me: G\. r: ~ p',nv J\ l:'TI!'""" )lA_" - (list street, number and municipality) 1?E\Jro..C)' C Nt\ f) ~ It L Decedent, then e.i years of age, died ~ A }J 3 , 20 OS' . at tv V '(2. S' ).) I- N. t}-W\ f.. 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, 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: \ ~ ~'06-S ~ <; \ 5"0 I nD D 'l'f\~ C4 p~ n o.c;t;' $ 350\ ~C)D $ $ $ WHEREFORE, petitioner( s) rtspectfully request( s) the probate of the last will and codicil( s) presented herewith and the grant of letters 1- . V (te amentary; administration c.t.a.; administration d.b.n.c.t.a.) J Residence(s) ofPetitioner(s) ~\?\~t~()~ c-y, 111- \ (\ \ Wrjf S~~'L t,? :'1 V~d u ---.\ " " .~;-\, j'C\ G;(.~ec:}\,.J j..)\J-,' .J . Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE } COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA SS: The petitioner(s) above-named swear(s) or affmn(s) that the stat foregoing petition are true and representative(s) of the above Sworn to or affIrmed and subscribed BefFs~fTh- 20 tIl,dayof hff/JI.! :!dA1!.I~~~b~L- f* I!Jdv- /11 ~egisPtr { en acl' ::l s:.> e- ri '""' '" "-' Estate of No. & l-~b- a9-f" fh/J11 ~y -h Shy , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW t)1.t/h1 . ~ . 20,{lg, 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 <.. ,:?~o-n.- ~~~ ' described therein be admitted to probate filed of record as the last will of J h__@ tJ ; and Letters are hereby granted to CAt'lA >- 1/ !Pn.~ FEES Probate, Letters, Etc. ............. $ Will................................. $ Renunciation..... . .. . .. ... .. .. . .. .. $ Short Certificates (/0) ............ $ JCP.................................. $ Automation Fee................... $ Bond..... ...... .. .. .... ... .. . . " . .... $ Total $ Filed JI I D - 20~ I ~~~~L iLht tA1Ut/bt h1/~/AP ~~ I Register of Wills - ./' 4J[).{[D It;- D V 40.ou IrJ.OD 5. trU 4ft) Attorney (Sup. Ct. I.D. No.) Address Phone . , Last Will and Testament OF THOMAS A. STONE I, THOMAS A. STONE, of Hampden Township, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether payable by my estate or by any recipient of any property, shall be paid by the Executor out of the residue of my estate, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even f.....) C) ;--~~ though on proceeds of insurance or other property not passing under this Wi~ ,...-'; -i: () "__ . }~ 1 ITEM II: I direct the Executor to pay the e~pi~ses C) . )r-) ~" of my last illness and funeral expenses from the residue of my estate as ane~iise " ) .-- j and cost of administration of my estate. f',) '.) GJ ITEM III: I give the residue of my estate to my son, CRAIG A. STONE, or his then living issue, per stirpes. ITEM IV: The Executor shall possess the following powers, exercisable without court approval and in a fiduciary capacity only: (a) To retain any investments I have at my death, including specifically those consisting of stock of any bank even if I have named that bank as the Executor. J!iQ Page 1 '. , . (b) To vary investments and to invest in bonds, stocks, notes, real estate mortgages or other securities or in other property, real or personal, without being restricted to so-called "legal investments," and without being limited by any statute or rule of law regarding investments by fiduciaries. (c) In order to divide the principal of my estate or make distributions, the Executor is authorized to distribute personal property and real property partly or wholly in kind, and to allocate specific assets among beneficiaries so long as the total market value of each share is not affected by the division, distribution or allocation in kind. The Executor is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale any or all real or personal property severally or in conjunction with other persons, and to consummate sale(s) by deed(s) or other instrument(s) to the purchaser(s), conveying a fee simple title. No purchaser shall be obligated to see to the application of the purchase money or to make inquiry into the validity of any sale. The Executor is authorized to make, execute, acknowledge and deliver deeds, assignments, options or other writings as necessary or convenient to carry out the powers conferred upon the Executor. (e) To mortgage real estate, and to make leases of real estate. Page 2 -M " (f) To borrow money from any person, including the Executor, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate. (g) To pay all costs, taxes, expenses and charges in connection with the administration of my estate. (h) To make distributions of income and of principal to the proper beneficiaries, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. (i) To vote shares of stock which form a part of my estate, and to exercise all the powers incident to the ownership of stock. (j) To unite with other owners of property similar to property in my estate to carry out any plans for the reorganization of any company whose securities form a part of my estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under a third-party beneficiary contract. (1) To prepare, execute and file tax returns of any type required by applicable law, and to make all tax elections authorized by law. Jf/Jg Page 3 , . (m) To allocate administrative expenses to income or to principal, as the Executor deems appropriate. However, no allocation to income shall be made if the effect of the allocation is to cause a reduction in the amount of any estate tax marital deduction or estate tax charitable deduction. (n) To employ custodians of property, investment or business advisors, accountants and attorneys as the Executor deems appropriate, and to compensate these persons from assets of my estate, without affecting the compensation to which the Executor is entitled. (0) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate. ITEM V: Any person who has died within thirty (30) days of my death, or under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. Any person (other than myself) who has died at the same time as any beneficiary under this Will, or in a common disaster with that beneficiary, or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased that beneficiary. ITEM VI: I appoint my son, CRAIG A. STONE, to be the Executor. The Executor is specifically relieved from the obligation of filing bond or entering security. Page 4 IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding four (4) pages, at the end of each page of which I have also set my initials for greater security and better identification this ~ day of ~ ' 2005. ,- ~,~S~S;C{ ~F.AT') THOMAS A. ST NE (f11.urFJ ~(SEAL) ~1~ ~(SEAL) We, the undersigned, hereby certifY that the foregoing Will was signed, sealed, published and declared by the above-named Testator as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certifY that at the time of the execution thereof, the said Testator was of sound and disposing mind and memory. d.7j ~ (SEAL) Residingat 1/3 (A..J.-I'l-'/'~ p- M ~c-M ,--t~ J /'uf /t ,? () )}o ,- Residing at :5 h. 31St S-l. mrh,~.,ttv~ I Pt 17/(Jq Residing at / () ;> ~ (l(Ld~ CJ~~ ~/lI/aV'v . . . . A ' . . ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) Ci^.. "A:'A_ ) SS: COUNTY OF ~-- ) I, THOMAS A. STONE, Testator, 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 si it as my free and voluntary act for the purposes therein expressed. EAL) Sworn to and subscribed befor me this ao" day of ,2005. My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Monica I. Bald, Notary PubIic Susquehanna Twp., Dauphin County My Commission Expires July 12,2008 Member, Pennsylvanl9 Association of Notaries " ' . ' . . . 1 . . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~ ) ) SS: ) We, VicY; 1irJf'l~i'~~","-yt. l:;ttwn L. ~(U.hLr" and -PA.n\eLl :J. -Pa.~ , 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 Testator, THOMAS A. STONE, sign and execute the instrument as his Last Will and Testament; that Testator signed willingly and that he executed said Will as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the Will as Witnesses; and that to the best of our knowledge the Testator was at that time eighteen (18) or more years of age, of sound mind and under no constraint or undue influence. d1~~~ ~~!/~ (llil~w~ Sworn to and subscribed before me this~day of ~ ,2005. 7Jl' ~ My Commission Expires: (SEAL) 420441vl M Notarial Seal Monica 1. Bald, Notary Public SUSQuehanna Twp., Dauphin County My Commission expires July 12, 2008 Member, PennSylvania Association of Notat1es