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HomeMy WebLinkAbout01-25-06 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS ,~I-D& -0 1l.P Estate of Gertrude M. Lvdecker No. also known as , Deceased Social Security No. 155-16-1050 SHERILL T. MOYER Petitioner, who is 18 years of age or older, applies for: (COMPLETE "A" OR "B" BELOW:) IZI A. Probate and Grant of Letters and avers that Petitioner is the executor named in the Last Will of the Decedent, dated December 11, 2003 and codicil dated None State relevant drcumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: , .. NO EXCEPTIONS o B. Grant of Letters of Administration (d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: I Name Relationship Residence I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania, with her last family or principal residence at 210 Biq Sprinq Road. West Pennsboro Township. Newville. PA 17241 (list street, number and municipality) Decedent, then 88 years of age, died Januarv 9, 2006, at Carlisle Reqional Medical Center. Carlisle Borouqh. Cumberland County, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property ...........................................................................................$ (If not domiciled in PAl Personal property in Pennsylvania...................................................................... $ (If not domiciled in PAl Personal property in County................................................................................ $ Value of real estate in Pennsylvania ............................................................................................................................$ Total.................................................,........................ .......................................... $ Real Estate situated as follows: None 1.000,000.00 N/A N/A 0.00 1.000,000.00 Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersigned: Typed or printed name and residence Sherill T. Moyer, 1614 Clarks Valley Road, Dauphin, PA 17018 Form RW-1 Page 1 of 2 (Dauphin County) - Rev. 9/92 592096.1 !-lI05,X05 REV I/O:') 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. Th- ~~o~~~~~ Fee for this certificate. $6.00 .~' p 12045731 JAN 1 0 2006 Date r '<.-"'- Hl05.143 Rev. 01106 TYPElPRINT IN PERMANENT BLACK INK 1 Name 01 Decedenl (First, middle,IaSI) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER a. Birth lace C' and slale or for 3. Social Security Nurrb. 155 16 4. Date 01 Death (Month, day, yearl anuary 9, ;;:006 Gertrude M. Lydecker 5. A4& (last blrtlw:lay) 88 Yrs Bb. County of Dealh 7. Dale of Birth Monlh.da , ear 3/26/1917 Sa. PIllceofDeath Chackon one Hospital' Orange NJ Xi In ionl 0 ERIOuI c~~i Nirr; (1 ~ ~st~RK>~ge:to~~nirmerMe die a 1 Center OIher: lient 0 DOA 0 Nursil Home 0 Residence 0 Other- 9. :i;asN~ec~tn~: ~~:~~~:6uban, 10. Race: Ameri:an Indian, Black, White, ele. Mexican. Puerto Rican. etc.) wifTt' e Zj Cumberland Carlisle 11 Decedent's Usual O:;:c alian Kind of work done durin most 01 workin life; do not slate retired TEf~~'frh Ed u ~O~'i"afl"",I~ 13, Decedent.s EducatKln eei ElemenIaI'28Condary(Q-12} hi hest radeco Ieted 14 Marital Status: Married, Never rTIlrried, 15. Surviving Spouse (Ilwi!e, give maiden name) Coige (1..t or 5+) Wi~~~dcad{Specif)1 ~~e~~edent 17c}g{Yes,DecedenlLNedin West Pennsboro Townsh~? Twp 16. Decedenl's MaifingAcldress (Slreel, cftyll.own. state, zipcodej 210 Big Spring Rd Newville PA 17241 17a.Slale PA Cumberland 17d. 0 No, Decedent lived within Aclualllmits 01 CilylBoro 17b. County 18. Father's Name (Firsl,rOOdle.last) Theodore Marsh 19. MOlh,r's Name (First, middle, mak1,n surname) Llllian Hlllyer 2Qa,lnlorrrenl'sName(Type/prinl) Mary L. Moyer 2Ob. ,nlo16s4img c1ss ~s~sekC~II.Ovs~el~ ~ey R d Dauphin, PA 17018 A'o'1'rff1Pl'~.e ~me~~~effi1i'~~if}ID" p."1 o w '" ::> '" << ~ prlng ve 23b. License Nurrber 23c.DateSigned(Month,day.yearj ( ~ y V "0,) (j 24. Trmeoroeath 0" h'Y\ u..,. CAUSE OF DEATH {See Instructions and eXll~1es1 Ilem27. Parl!: Enlerlhe~-diseases, injurie5, or cornplicalions-thal directty caused lhedeath. DO NOT enlerlerminal events such as cardiac arrasl, respiratory arrest or ventricular fbrillation without showilg the etiology. DO NOT abbreviate. Enler only one cause on a line. .- . :~~~~:~;~~~J:~:dtse~r a ~ ~ S 1.5 . Due to (or as acoos8(juerlCeoO: (} S-, S- AM '\ ;3. .,,> ~ 26. WBJ. Case Referred to a Medical ExarrinerlCoroner? (GE~" ru,- Approximateinlerval: onseltodeath Parl1J: Enter olher sianificant cond~ions contriJulmn to death, but not f9Sulting il'l the undertying cause given in Part I 28. Did Tobacco Use Contri>ute to Death? DYes 0 Probabty ~ 0 Unknown o Yes d. 3Ob. Were Aulopsy Findings AvailabIePriortoCorT4l~tion 01 Cause of Dealh? DYes 0 No 31 Manner~lh ~aJ o Homicide o Accident 0 Pending Invesligation o Suicide 0 Coukl Not Be Determined 32a. Date of Injury {Monlh,day, year) 32b. Describe how Injury Occurred' 29. tfFemale: o NoIpregnanlwithinpas\year o Pregnantatlirneoldealh o Not pregnanl but pregnant within 42 days 01 death o Not pregnant, but pregnant 43 days 10 1 year beloredealh o Unknown if pregnant within lhe past year 32c.PIaceollnjury:Hornll,Farm,S1reel,Faclory.OftIce Buikling,el.c. (Sp8cirn SequenliaItyJislcondilions,lfany, leadiogto the cause lisled on Unea. - Enter the UNOERl YlNG CAUSE _ (disease or injury Ihat inilialed the evenlsresuaingindeathlLAST Due 10 (otasaconsequenceo~: Due 10 jor as a conS8(juence oij: 3Oa.WasanAu1opsy PerfOrmed? 32d. Time of Injury 32e.lnjuryatWork? DYes 0 No -~Q- OSa<3 qZ.b_,,--L 33d. Date Signed (Month,day, year) 321. 32g. localion(Slreet,cityltown,Slate) I:l ~ 15 o w [;J o LL o W '" << Z M. 33a, Certffier(checkontyone) Certifying: physician (Physician certifying cause 01 death when another physiclan has pronounced death and completed Item 23) To the best of my knowledge, death oceurred due to the cause(s) and manner as stated ..._...._......_...h._h............. ..............><<._........._....... Pronouncing and certifying physician (Physician both pronouncing death and certifying 10 cause 01 death) To the best of my knowledge, death occurred al the time, date, and place, and due to the eause(s) and manner as slaled................. Medlcalexamlnerlcoroner On the basis of Bumination and/or investigation, in my opinion, death occurred at the time, date, and place, and due 10 the cause(s) and manner as stated ........0 36, Dale Filed (Monlh. day, year) ......_....__...._...0 ..8" :>.6 (See instructions and examples on reverse) Oath of Personal Representative Commonwealth of Pennsylvania County of ~1-()lo-nOfJ[P The Petitioner(s) above-named swear(s) and affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) ay.n. d tha as persona. I repres. entative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to lar; , Sworn to and affirmed and subscribed '( .J "- T~ ~ before me this d '11- A. day of / j~~ 20~ ~~ ~~/-AJc- No. Estate of ;U-O(c- 0-0'70 Gt:RT~U.DE: fY\ 1...'1 t>KK~ Deceased Social Security No: 155 -/tp-/ 050 Date of Death: i- q - 'AUOLP AND NOW, \~JftNu R1Z'-t 2~ , 20~, in consideration of the Petition on the reverse side hereon, satisfac~'1 proof having been presented before me, IT IS DECREED that LettersftTestamentary 0 of Administration are hereby granted to 54 t1=\ ILL 1: tv\.O'1 f:1<." db.n.c."; pendente lite; durante absentia; duranteminoritate in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters.......................... . Short Certificate{s)....LO... Renunciation................. . Affidavit ( )................. Extra Pages ( )............ Codicil.......................... JCP Fee..~..~........... Inventory...................... . Other..W.l.~.'=............. . 5, TOTAL............... . Fonn RW.1 Page 2 of 2 (Dauphin County). Rev. 9/92 $ ~~O.Oo 40,00 11, ..-- \()/..-" 011 ~ ~dwhlJt.hU). ~- . .'. ..' ". . , ru\~?lJ~ . $ $ $ $ $ $ 15.01] $ $ i' Attorney: Sherill T. Mover 1.0. No: 15488 Address: Rhoads & Sinon LLP, PO Box 1146 1 South Market Square, Harrisburq, PA 17108-1146 Telephone: 717-233-5731 15,(JD $ ~30.{JD L.JLSq' WILL JI3VtD PESq'jf:MP9fT OP qP.~fJ'~VCJYE:M. LryCJYECK;E~. I, GERTRUDE M. L YDECKER, of Newville, Cumberland County, Pennsylvania, being of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time previously made. I am the widow of Richard A. Lydecker and the children born of our marriage are Richard A. Lydecker, Jr., Susan Lydecker Gibson and Mary Lydecker Moyer, hereafter referred to as "My Children". 1. TANGIBLE PERSONAL PROPERTY. I give and bequeath all of my household furniture and furnishings, automobiles, other motor vehicles, books, pictures, jewelry, china, crystal, appliances, silverware, wearing apparel, articles of household or personal use or adornment, collections, artworks, boats and recreational equipment and vehicles, together with all policies of insurance thereon, to My Children living at my death in as nearly equal shares as they shall select under the supervision of my Executor. If any such articles cannot be fairly divided or distributed in kind in the opinion of my Executor, such articles shall be sold and the proceeds thereof shall pass as a part of my residuary estate. 2. RESIDUE. I give, devise and bequeath all of the rest, residue and remainder of my property, real, personal and mixed, not disposed of in the preceding portions of Page 1 of 7 Pages 489577.1 this Will, including all property over which I hold a power of appointment (which powers of appointment I hereby exercise in favor of my estate), to My Children, Richard A. Lydecker, Jr., Susan Lydecker Gibson and Mary Lydecker Moyer, in equal shares, ifliving at the time of my death or to the then living issue, per stirpes, of such of my children as shall have pre-deceased me. 3. SPENDTHRIFT PROVISION. No interest in income or principal of my estate shall be subject to attachment, levy or seizure by any creditor, spouse, assignee or trustee or receiver in bankruptcy of any beneficiary of my estate prior to the beneficiary's actual receipt thereof. My Executor shall pay over the net income and the principal to the beneficiaries herein designated, as their interests may appear, without regard to any attempted anticipation (except as may be specifically provided herein), pledging or assignment by any beneficiary of my estate and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. 4. SURVIVAL PRESUMPTIONS. Any person who shall have died at the same time as I or under such circumstances that it is difficult or impossible to determine who shall have died first, shall be deemed to have predeceased me. 5. FIDUCIARY POWERS. In the settlement of my estate, my Executor shall possess, among others, the following powers, exercisable without prior court approval, but in all cases to be exercised for the best interests of the beneficiaries: (a) To retain any investments I may have at my death so long as my Executor may deem it advisable to my estate so to do, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates. Page 2 of 7 Pages (b) To vary investments, when deemed desirable by my Executor, and to invest in every kind of property and type of investment, including securities owned, issued or underwritten by any corporate Executor or any of its affiliates, or as to which such Executor or its affiliate acts as investment advisor, as the Executor shall deem wise. (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution of my estate, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution is made in kind, said assets shall be divided or distributed at their respective values on the date or dates of their division or distribution. In making any division or distribution in kind, my Executor shall divide or distribute said assets in a manner which will fairly allocate any unrealized appreciation among the beneficiaries. (d) To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my estate, any or all real or personal estate or interest therein owned by my estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in this Will. (e) To mortgage real estate and to make leases of real estate for any term. (1) To borrow money from any party, including my Executor, to pay indebtedness of mine or of my estate, expenses of administration, Death Taxes or other taxes. (g) To pay all costs, expenses, legally enforceable debts, funeral expenses and charges in connection with the administration of my estate. (h) To vote any shares of stock which form a part of my estate and to otherwise exercise all the powers incident to the ownership of such stock and to actively manage and operate any incorporated or unincorporated business, including Page 3 of 7 Pages any joint ventures and partnerships, and to incorporate any such unincorporated business, with all the rights and powers of any owner thereof. (i) In the discretion of my Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of my estate. (j) To assign to and hold in my estate an undivided portion of any asset. (k) To hold investments in the name of a nominee. (1) To compromise controversies. (m) To disclaim, in whole or in part, any and all interests in property owned by me at the time of my death, including those passing to me by Will, intestacy, contract, joint ownership, operation of law or otherwise. (n) To designate one or more persons or a corporation to act as ancillary fiduciary in any jurisdiction in which ancillary administration may be necessary, such ancillary fiduciary to serve without bond or security and to have all powers, authorities and discretions conferred hereunder. (0) To employ and compensate from income or principal, in the discretion of my Executor, investment and legal counsel, accountants, brokers and other specialists, and, whenever there shall be no corporate Executor in office, a corporate custodian, and to delegate to investment counsel discretion with respect to the investment and reinvestment of any or all of the assets held by my estate. 6. EXCULPATORY CLAUSES. In the settlement of my estate: (a) My Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from an election made in good faith to claim a deduction as an income tax deduction or as an estate tax deduction. (b) In valuing property in my gross estate for the purposes of any Death Tax, my Executor shall not be personally liable for any loss to my estate or to any beneficiary of my estate resulting from my Executor's decision made in good faith to use a particular valuation date. Page 4 of 7 Pages 7. CUSTODIAN OF ESTATES. If at any time any individual under the age of twenty-one shall be entitled to receive any assets free of trust by reason of my death, whether payable hereunder, by operation oflaw, contract or otherwise, I appoint my son-in-law, Sherill T. Moyer, as Custodian for such minor individual under the Pennsylvania Uniform Transfers to Minors Act; or, if for any reason he should fail or cease to act, I appoint my daughter, Mary Lydecker Moyer, as such Custodian. 8. TAX CLAUSE. All inheritance, estate and similar taxes becoming due by reason of my death ("Death Taxes"), whether such Death Taxes shall be payable by my estate or by any recipient of any property, shall be paid by my Executor out of the property passing under ITEM 2 of this Will as an expense and cost of administration of my estate. Except to the extent above provided, my Executor shall have no duty or obligation to obtain reimbursement for any Death Taxes paid by my Executor, even though paid with respect to proceeds of insurance or other property not passing under this Will. 9. EXECUTOR POWERS REGARDING BASIS ADJUSTMENT. I hereby authorize my Executor in my Executor's sole and absolute discretion to allocate any adjustments to the income tax basis of assets of my estate to such assets as my Executor deems to be appropriate. I recognize that this power gives my Executor broad latitude which I wish my Executor to exercise while taking into account such factors as my Executor deems beneficial to all ofthe beneficiaries of my estate. My Executor shall not be liable for any loss to my estate or to any beneficiary of my estate resulting from such allocation made in good faith. Page 5 of 7 Pages 10. EXECUTOR APPOINTMENT. I hereby appoint my son-in-law, Sherill T. Moyer, as Executor of this Will. If for any reason he should fail or cease to act, I appoint my daughter, Mary Lydecker Moyer, as successor Executrix. All references in this Will to my "Executor" shall refer to my originally named Executor, or to my successor Executrix, as the case may be. 11. WANER OF BOND; FIDUCIARY FEES. My Executor shall qualify and serve without the duty or obligation of filing any bond or other security. Any corporate fiduciary shall be entitled to compensation for services in accordance with the standard schedule of fees in effect when the services are rendered. My Executor shall serve without compensation. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding five (5) pages, this ~ day of .~. \~' '\L' 't {, I "j , 2003. t-.L ~I ~ ~~}, \ "t-Kt\ (ok -[.{{ ,,/ UK(SEAL) Gertrude M. Lydecker We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing mind and memory. ~L~ /c? ,/~ t{ ,.~. (/ I(<:"/--l (SEAL) Residing at: ? D . ~ -I.. ~ \ L(')'f ~\); LLe} '? A \ -'ol.\ '1 (SEAL) Residing at: -i,";/C ')~. (~:/~//l?ci.' It,....~ - C'h,;'IJ1/~{i>l)('1 "/ /n /7.)(1 '. / Page 6 of7 Pages COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF We, Gertrude M. LYdecker-:-'\\,,~ L ~p.~ and J/ ,':J ~-i,.f ') iJ. /. It ~~ the Testatrix and the Wimesses, respectively, whose names are signed to the foregoing instrument, having been sworn, do hereby declare to the undersigned officer that the Testatrix, in the presence ofthe Witnesses, signed said instrument as her Last Will and Testament, that she signed voluntarily, that each ofthe witnesses, in the presence ofthe Testatrix and of each other, signed said Will as a witness and that to the best of the knowledge of each witness, the Testatrix was at the time of sound mind and under no constraint or undue influence. '\~l . . j ," Subscribed and acknowledged before me by Gertrude M. Lydecker, the Testatrix, -- and subscribed and sworn to before me by : ,V,L. I ". " /1 /'i'/} , d and I h '\,i.......... \ ; I .:.A.I,;) , the witnesses, on this ji /i' day of -->c' ~( U III !~-<.' 2003. "'7/ ; ('Ui, f.;'!' Notary Public V'----I/ ,: ( t'j:-,./t" " . '" " ;'/ Page 7 of 7 Pages My Commission Expires: I. IS.,' '/ (SEAL) r..:.-=~=~"':-I , West Psnnstxoo ~. Cumb6rIa~ County , L ~ Cam~!oll. ~~s ,laR1~~~..J '\"':e>:ipi;"'=':',', ?'~J6l?;;~(Fo::{f<~? :;t>-(;;,::'f-1'