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HomeMy WebLinkAbout01-11-06 . Register of Wills of Cumberland County Estate of Daisy Wilson Strayer also known as Daisy W. Strayer Daisy F W Strayer PETITION FOR PROBATE and GRANT OF LETTERS 2.\-~~- ~~~\ No. To: , Deceased Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. 188-12-5460 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut ors named in the last will of the above decedent, dated May 1 , 2tl 1997 and codicil(s) dated N/A (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland Pennsylvania, with h~last family or principal residence at 28 Circle Drive, Carlisle County, (list street, number and municipality) Decedent, then ~ years of age, died December 26 , 20~, at C e.1Y\C' ..J 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 ofa 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: 28 Circle Drive, carlisle $ 545,000 $ $ $ 135,000 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.t.a.; administration d.b.n.c.t.a.) Residence(s) ofPetitioner(s) ?~ /'JG)( IPlc,v 1>o"//.-E.5A'-1t:(~:) I';q J?Ol..lq er 36'/ ~~/~~( <. Lk t'X1Il../~J f6 f4 1700; -.',) 0'""" (jL.J !' _--1 ,,,.. I ~ ,.. J '.. . Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } SS: COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best ofthe knowledge and belief ofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and *bscribed Before me this \ , -+ day of 3"'- ~\)"I..\.'( '-\ ' 20 ~~ . ~ :/f1J:7 kr { s,...~ "",,,,,,,,,-,, ~'l>>~ R . I eglster q ~"''' ~~ ~~~.. ~ .~) L -\"''''\ No. :l\ -~~- 'J~~\ Estate of Daisy Wilson Strayer , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW -S , , 20~\o, in consideration of the petition on the reverse side hereof, satisfactory proofhavin been presented before me, IT IS DECREED that the instrument(s), dated ~'''' ~, \ ~ '1:.\ '\ , described therein be admitted to proba~e filed f record.as the last Will of ~\s..~ ~.\\~~ 'S~~ "'",\'0.'( ;and Letters are hereby granted to ,,,,\"1:0., ~ \ \~~ ':S ~~ \.y ~~~' ~~~"'-,,~ ~. ~~'(~~I\.'(. \ U'> ~. l>> ~ A ~ <:i,~"~ ~\~, Register of Wills ~. '(~"l ~~'i) ~~ ~~ ~I">.. Attorney (Sup.'b. J.D. No.) FEES Probate, Letters, Etc. ............. $ Will ................................. $ $ $ $ $ $ $ Renunciation...................... . Short Certificates ( ).... ..... ... JCP.................................. Address Automation Fee................... Bond................................. Total Filed 20_ Phone n ~=.;~ '! ! 1 ~I_,~ .. ~~--__. c~. Page 1- DWS LAST WILL AND TESTAMENT OF DAISY WILSON STRAYER :l , -~<.c - \'j~~\ LAST WILL AND TESTAMENT OF DAISY WILSON STHA YEH \ . '~-' ( -', I, DAISY WILSON STRAYER, of28 Circle Drive, Carlisle, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking and making void all previous Wills and Codicils heretofore made by me. FIRST I order and direct my personal representatives hereinafternamed to pay all of my just debts, funeral expenses and expenses involved or connected with the administration of my estate as soon after my death as is reasonably possible. However, my personal representatives need not accelerate and pay those unmatured obligations which, in his, her or its opinion, it might be proper and more advantageous to retain or renew and pay as they become due and payable. It is my expressed desire to be buried in the Wilson Plot at Westminster Cemetary, Carlisle, Cumberland County, Pennsylvania. SECOND I give, devise and bequeath the rest, residue and remainder Of my estate, together with all insurance proceeds thereon of whatever nature and wheresoever situate to my four (4) children, ROBERT FUL TON STRAYER, JR., RICHARD WIlSON STRAYER, CHARLES BREWSTER STRAYER, II, and SUZANNE F. HARDY, per stirpes. DWSJiM5 " Page 2- DWS LAST WILL AND TESTAMENT OF DAISY WILSON SmA YER THIRD It is further my desire that my personal representatives, after consultation with any heir or heirs of mine who survive me, and in his, her or its own discretion, choose such articles from my tangible personal property (exclusive of cash, stock certificates, bonds, and all other tangible evidences of intangible personal property) as he, she or it believes will be useful to such heir or heirs or desirable for him or her or them to have, either from a sentimental point of view or otherwise, and to deliver such articles to such heir or heirs or among such heirs in equal or unequal shares as determined by the further exercise of his, her or its discretion, provided no other heir objects to the distribution. All tangible personal property not so distributed in to be sold, either publicly or privately, by my personal representatives, adding the proceeds of such sale or sales to my residuary estate and to be disposed of in equal shares among my surviving heirs after payment of my estate debts, taking into account the tangible personal property otherwise provided to them. FOURTH Any devise or distribution under this Last Will and Testament which is payable to any beneficiary who may be under 25 years of age or, in the judgment of my personal representatives, mentally disabled, shall be held in a separate trust by my personal representatives as trustee until such beneficiary reaches 25 years of age during such period of disability. In the case of a beneficiary under 25 years of age, the Trustee may distribute up to one-third (1/3) of the then remaining principal and accumulated income on the request of the said beneficiary, at or after attaining 21 years of age; and up to the entire remaining balance of principal and accumulated interest at or after attaining 25 years of age. During the term of any trust created pursuant to this Paragraph, the Trustee is authorized to expend and apply so much of the net income and principal of each such trust as the Trustee shall consider advisable for the health, maintenance, support, and education (including college education, undergraduate and graduate) of each such beneficiary until he or she attains 25 years of age, or until all such amounts are paid out of DWS_ ." Page 3- DWS LAST WILL AND TESTAMENT OF DAISY WILSON STRAYER trust. I direct that no Guardian shall be required to give or post bond for the faithful performance ofthe Guardian's duties in this or any other jurisdiction. FIFTH I grant my personal representatives the following powers in addition to and not in limitation of such powers as my personal representatives shall hold by law: (a) To retain all property received including the stock of any corporate fiduciary acting hereunder, provided such property remains productive. (b) To join in any corporation, 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, including but not limited to, the voting of shares. (c) To manage, operate, repair, improve, mortgage or lease on any terms any real estate held or owned by my estate. (d) To operate any business that I may own at my death. (e) To invest any funds of my estate in any stocks, bonds, notes or other securities or property, real or personal, without regard to the principle of diversification or any other statute or general rule oflaw in his, her or its absolute discretion, it being my intention to give my personal representatives the broadest investment powers possible, providing such investments do not unnecessarily prevent the prompt settlement of my estate. DWS1}Jj!5 I, . '" Page 4- DWS LAST WILL AND TESTAMENT OF DAISY WILSON STRAYER (f) To sell or otherwise dispose of any property, real or personal, tangible or intangible, at any time forming a part of my estate in any manner and on such terms and conditions as my personal representatives shall see fit in his, her, or its absolute discretion. (g) To borrow money for the payment oftaxes or for any other proper purposes in the administration of my estate, and to mortgage or pledge estate assets as security. (h) To compromise claims without court approval including, but not limited to, any controversies with the United States of America or the Commonwealth of Pennsylvania concerning estate and inheritance taxes on any interests that may pass under this my Last Will and Testament. (i) To distribute in cash or in kind upon any division or distribution of my estate. (j) To undertake any and all acts deemed necessary and proper by my personal representatives for the proper, advantageous and prompt management ofthe settlement of my estate. (k) In general, to exercise all powers in the management of my estate which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to him, her or it may seem best and to execute and deliver all instruments and to do all acts which he, she or it deems necessary or proper to carry out the purposes of this, my Last Will and Testament. SIXTH No interest of any beneficiary of my estate, either in income or in principal, shall be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall any DWS_ Page 5- DWS LAST WILL AND TESTAMENT OF DAISY WILSON SlRA YER beneficiary have the power in any manner to charge or encumber his interest either in income or principal, nor shall the interest of any beneficiary be liable or subject in any manner while in the possession of my personal representatives for the liability of such beneficiary . SEVENTH I nominate, constitute and appoint my sons, ROBERT FULTON STRAYER, JR., and RICHARD WIlSON STRAYER, as Co-Executors of this my Last Will and Testament. I direct that my personal representatives shall not be required to give or post bond for the faithful performance of his, her or its duties in this or any other jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand to this my Last Will and Testament this j.at day of~, 1997. ~s~ (J~ c Ii ~~~ 9/. <~ t/ ./ Daisy Wilson Strayer Dwsk!3 \ . Page 6- DWS LAST WILL AND TESTAMENT OF DAISY WILSON STRAYER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND I, DAISY WILSON STRAYER, the 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. ,~~h/0~x#L~u~fUU DAISY WILSON STRAYER Sworn or affirmed and acknowledged before me by Daisy Wilson Strayer the I st. day of ~, 19:1j. ~:~~~'dS, Iqqq Notarial Seal Tammy S. Prosser, Notary PubHc South Mldoleton Twp., Cumberland County My Commission Expires Oct. 25. 1999 mber. Pennsytvania Association of NotarieS Dwskt::5 l -..... ~ " Page7-DWS LAST WILL AND TESTAMENT OF DAISY WILSON STRAYER AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND We, :J1t IJ[' F ~ u.P- Kf and DAv i j) C. Go Q \ Tj the witnesses whose names are attached to the foregoing document, being duly qualified according to law, do depose and say that we were present and saw Daisy Wilson Strayer sign and execute the instrument as her Last Will and Testament; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testatrix signed the Last Will and Testament as witnesses and that to the best of our knowledge the Testatrix was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. ~~~ m~ (J~~ Sworn or affinned and subscribed before me by J-~f\e f. ~\ y- )~ andLlc' '-. \" \(' \ (- (~o r \ \j of )Y\(Ud. , 19('\ 'I . -.J - COYn-m", 00\UY\ E"""t)ll''-.L,? 0~m(r~ ~ this \ &+ day ex ~('Je.v, as. tctqq' DWS~