HomeMy WebLinkAbout03-08-06
Register of Wills of Cumberland County
Estate of ALICE F. GATES
a/so known as
PETITION FOR PROBATE and GRANT OF LETTERS
No. 2DOfo - 02 0 f..t;
To:
, Deceased.
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Social Security No. 239-12-2776
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the execut~ named in the last will of the
above decedent, dated December 8 , 20 03
and codicil( s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Carlisle, Cumberland
Pennsylvania, with h~ last family or principal residence at
442 Walnut Bottom Road, Carlisle, Pennsylvania 17013
(list street, number and municipality)
County,
Decedent, then ~ years of age, died February 24 , 20~, at So. Middleton Twp. Cumberland Co., PA .
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:
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:
$
$
$
$
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;J
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.)
thereon.
~70fPetiti~
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Residence(s) of Petitioner(s)
1013 Dunvegan Road. West Chester, PA 19382
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
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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 of the knowledge 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.
Sworn to or affirmed and subscribed
Before me this 8fh
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day of
, 20 0&
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Estate of
ALICE F. GATES
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~ gl-h 20~, in consideration of the petition on the reverse side
hereof, satisfactorr proof having been presented before me, IT IS DECREED that the instrument(s), dated
December 8, 200 , described therein be admitted to probate filed of record as the last will of
ALICE F. GATES ; and Letters are hereby granted to
ANNE G. WEBSTER
FEES
Probate, Letters, Etc. ............. $
Will ................................. $
Renunciation....................... $
Short Certificates (10) ............ $
JCP.................................. $
$
$
$
20 0/0
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J!5, 00
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~RegisterofWillS~. -. I~
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.' ames D. Flower, Jr. #2~~~
Attorney (Sup. Ct. J.D. No.)
26 West High Street
Carlisle, PA 17013
Address
Automation Fee...................
Bond.................................
Total
FiledlVlaA..d1 ~
40.00
10.00
5.00
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717 -243-6222
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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.
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WARNING: It is illegal to duplicate this copy.by photostat or photograph.
Fee for this certificate, $6.00
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Local Registrar
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12269987
FEB 2 8 2006
Date
No.
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Hl05.143 Rev. 01106
TYPElPRINT IN
PERMANENT
BLACK INK
1 Name 01 Decedenl (First, middle, last)
Alice
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH STATE FILE NUMBER
5. Age (Last birthday)
Mi an1 eton Twp Twp.
3. Social Security Nuntler
4. Dale of Death (Monlh, day, year)
'Fe b. 24, 2006
239 - 12
86
OIher:
o ERIOu atient 0 DOA 0 Nursin Home
9. Was Decedent of Hispani:: Origin?
IX No 0 Yes (n yes, speciry Cuban,
Mexican, Puerto Rican, etc.)
Yrs.
o Residence 0 ClIher.
10. Race: American Indian, Black. WMe. 8lc.
(Specify)
White
Bb. County of Death
;' \
Cumberland
So. Middleton
14. Marilal Status: Mamed, Never married,
Widowed, Divorced (SpecIfy)
Widow
Did Decedent
Live in a 17c. OC Yes, Decedent Lived in S n
T ownshiJ?
15. Surviving Spouse (If wife, give maiden name)
17a. State P a .
442 Walnut Bottom Rd.
Carlisle, Pal 17013
17d. 0 No, Decedent Lived within
Actual Urrits of
17b. County Cumber land
CityiBoro
18. Father's Name (First, middle, last)
19. Mother's Name (First, middle, maiden surname)
David K.
208. Informant's Name (Typelprinl)
Anne G. Webster 1013 Dunvegan Qd. West Chester,
Irene.T. Tilley
200. Informanl's Maiing hldress (Slreet, cityllown, state, zip code)
Flemin
1013 Dunvegan Rd. West Chester, Pal 19382
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21e. Place of Disposition (Name of cemetery, cremalory or othBf place) 21d. Location (City^own, slala, zip coda)
qumanity Gifts Qegistry P.O. Box 835 Phila.Pa.
22c. Name and Address at Facilily 501 N. Bal timore Ave.
Hollinger F~/Crem. Inc. Mt. Holly Spgs, Pa.1706
23b. License NUrIDer 23c. Dale Signed (Month, dey, year)
24. TIIIll! of Death
\2.: 05
25. Date Pronounced Dead {Month, day, year)
''2./ ZLf/2.Cb .
CAUSE OF DEATH (See Instructions and examples)
gem 27, Part I: Enler the ~ - diseases, injuries, or c~tions - \hal lIilectly caused Iha death. DO NOT enter terminal events such as cardiac arrest,
respiratory arrest, or venlri:ular fibritlalion without showing Ihe etiology. DO NOT abbreviate. Enter onry one cause on a ine.
IMMEDIATE C~USE (F'1ll81 disease or \ ^ A (. ~ ~" . ~.",. . ~)-
conditIOn resuUIIlg III death) ~ a. V V" l ~
Due 10 (or as a consequence o~:
26. Was Case Referred to a Medical ExaminertCoroner?
rM.
o Yes ~
Approximate interval: Part II: Enter other sionificant conditions contributina 10 dealh
onset to death but nol resuning in the Undarlying cause given in Part I.
28. Did Tobacco Use Conlrilute to Death?
o Yes 0 Probably
'Y'ND 0 Unknown
29. If Female:
o Not pregnant within past year
t?f "regnant altime of death
o Not lKegnanl, but pregnant within 42 days
of death
o Not pregnant, but pregnant 43 days to 1 year
before death
o Unknown it pregnanl within the pasl year
32c. Place of Injury: Home, Farm, SlIeel Factory, Office
Building, ele. (Specify)
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Sequentially list conditions, n any, b.
leading 10 lhe cause listed on Line a.
- Enter the UNDERLYING CAUSE
_ (disease or injury thai initiated the
events resuning in death) LAST.
Due 10 (or as a consequence o~:
Due 10 (or as a consequence o~:
308. Was an Aillopsy
Performed?
d.
3Ob. Were Aillopsy FlI1dings
Available Prior to Co"lllelion
01 Cause of Death?
o Yes. 6~~
32d. Tvne oflnjury
31. Manner of Dea1h
~alural 0 Horricide
o h:ci:lent 0 Pending InvestiQalion
o Suicide 0 Could Not Be Determined
32a. Dale of Injury (Month, day, year)
32b. Describe how Injury Occurred:
o Yes ~o
320. Location (Street. ckyllown, state)
M.
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338. Certifier (check only one)
Certifying physician (Pl1ysician certilying cause 01 death when another physician has pronounced dealh and CO"llleled "em 23)
To the best of my knowledge, death occurred due to the cause(s) and manner as stlled ................................................................................................................................0
Pronouncing and certifying physician (Physician both pronouncing death and certifying to cause of death) .
To the best of my knowledge, death occulTed at the lime, date, and place, and due to the cause(s) and manner as Stlted....._...............................................................:~
Medical examinerlcoroner
On the basis of examination and/or InveSllgatlon, In my opinion, death occurred at the time, dale, and ptace, and due to the cause(s) and manner as stated .........0
f': Sign.\Ur~.D~~: l\J.
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34. ~and Address of Person Who Co"llleted Cause of Death (lIem2?) Type/Prinl .. o-l j,,{_
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(See instructions and examples on reverse)
LAST WILL AND TESTAMENT
OF
ALICE F. GA TES
I, ALICE F. GATES, of 38 Todd Circle, Carlisle, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding, do make,
publish and declare this as and for my Last Will and Testament, hereby revoking and
making void any and all former Wills, Codicils, or writings in the nature thereof, by me at
any time heretofore made.
FIRST:
I hereby expressly revoke all Wills and Codicils heretofore
made by me.
SECOND: I hereby order and direct my Executrix or Executor,
hereinafter named, to pay all my just debts, funeral expenses, testamentary expenses
and all Inheritance, Estate, Transfer and Succession Taxes, as soon as may be
conveniently done after my death, out of my residuary estate.
THIRD: I bequeath my automobiles, household and personal effects
and other tangible personalty of like nature (not including cash or securities) together with
any existing insurance thereon to my daughter, ANNE G. WEBSTER, provided she
survives me by thirty (30) days, or to her son, JOHN A. WEBSTER, III, if she fails to
survive me by thirty (30) days.
FOURTH: I give the entire, rest, residue and remainder of my estate to
my daughter, ANNE G. WEBSTER, provided she survives me by thirty days. In so
...,
doing, I have deleted bequests to the CUMBERLAND-PERRY ASSOCIATION FOR
RETARDED CITIZENS (CPARC) and the DICKINSON COLLEGE, not as a reflection of
any decrease in my appreciation for them, but in acknowledgement of the gifts that my
husband and I have already made to them.
FIFTH: The Deed of Trust of my late husband, WARREN J. GATES,
dated June 13, 1991, appointing the Farmers Trust Company as Trustee of certain
assets, provides in Article II, subsection B, pertaining to Trust A, that upon my death, the
Trustee shall pay over the then remaining principal, together with all income accrued and
unpaid as of the date of my death: To such person or persons as I shall appoint by Will
or Deed, expressly referring to the power of appointment herein given, his intention being
that such general power may be exercised by me. I, consequently, exercise the aforesaid
power of appointment and direct that if, and only if, my daughter, ANNE G. WEBSTER,
fails to survive me by thirty days, all of the assets of the aforesaid Trust A shall be paid
into Trust B, created under the aforesaid Deed of Trust, and also known as the non-
marital trust, and that said funds continue to be administered by the Trust Office of M & T
Bank in accordance with the duties of the Trustee under the aforesaid Deed of Trust,
dated June 13, 1991.
SIXTH: In the event that my daughter, ANNE G. WEBSTER, fails to
survive me by thirty days, I give all the rest, residue and remainder of my estate (exclusive
of the funds remaining in Trust A of my husband, Warren J. Gates' Deed of Trust dated
June 13, 1991, which I have expressly provided in paragraph FIFTH above are to be paid
into Trust B, under said Trust document) to my grandson, JOHN A. WEBSTER, III,
provided he survives me by thirty days.
2
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SEVENTH: In the event that my daughter, ANNE G. WEBSTER, fails to
survive me by thirty (30) days, and that my grandson, JOHN A. WEBSTER, III, fails to
survive me by thirty (30) days, I direct that all of the rest, residue and remainder of my
estate shall be placed in trust to be administered as follows:
(1) Trustee may accumulate the income from this Trust but may, from
time to time, distribute the current income or from accumulated income pay such amounts
as Trustees, in their sole discretion, deem advisable for the care and maintenance of my
son, ARTHUR D. GATES, for the rest of his life. Said Trustees are not authorized to
invade principal for said care and maintenance of my son, ARTHUR D. GATES.
(2) Upon the death of my said son, the principal of the Trust, together
with all income accrued and unpaid to the date of his death, shall be distributed to
DICKINSON COLLEGE, Carlisle, Pennsylvania, for the creation of the WARREN AND
ALICE GATES HISTORY FUND, or for additions to such fund if said fund shall already
have been established. Income from said fund shall be used to increase support for
instruction in American History and Politics.
EIGHTH: Unless otherwise provided for herein, any income or principal
payable to any beneficiary who may be under the age of thirty (30) years, shall be held in
a separate Trust by Trustee. The income and/or principal of said Trust may be
accumulated or expended for the maintenance, education and support of such
beneficiary as my Trustee, in its sole discretion may determine; and my Trustee, in the
expenditure of income and/or principal for such purposes, may, at its discretion, apply the
same directly or pay the same to any person having the care or control of said
beneficiary, if said beneficiary is a minor, or to the beneficiary if an adult, without duty on
3
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the part of the Trustee to supervise or inquire into the application of one-half of the
principal of the funds by any person to whom payment is so made, said Trust shall be
paid to such beneficiary upon the attainment of the age of 25 years, or to such
beneficiary's estate in the event of death prior thereto, and all remaining principal of said
Trust and any unpaid interest shall be paid to such beneficiary upon attaining the age of
30 years, or to such beneficiary's estate in the event of death prior thereto. Should any
such beneficiary have attained the age of 25 years, but not yet have attained the age of
30 years, one-half of any such bequest shall be paid to said beneficiary outright, and the
remaining one-half shall be placed in the Trust with the Trustee in accordance with the
terms set forth above, to be disbursed in full upon the beneficiary's attainment of the age
of 30 years.
Any income or principal payable to any beneficiary other than my
son, ARTHUR D. GATES, who, in the opinion of Trustee, is mentally or physically
disabled so as to be unable to manage said funds, shall be held in a separate Trust by a
Trustee and managed in the same manner as to the Trust described above, except that
said funds shall only be held by Trustee during such period of disability, and all principal
and any unpaid interest of said Trust shall be paid in full to such beneficiary, at such time,
if any, as the disability of such beneficiary ceases.
My Trustee, in the expenditure of income and/or principal for such
purposes, may at its discretion, apply the same directly or pay the same to any person
having the care or control of said beneficiary, or with whom the beneficiary resides,
without duty on the part of the Trustee to supervise or inquire into the application of the
funds by any person to whom payment is so made.
4
Notwithstanding the above, any beneficiary whose disability ends but who
has not yet attained the age of thirty (30) years, shall continue to have funds managed by
the Trustee in accordance with the terms set forth above.
NINTH: All principal and income shall, until actual distribution to the
beneficiaries, be free of the debts, contracts, alienation and anticipations of any
beneficiary, and the same shall not be liable to any levy, attachment, execution or
sequestration while in the possession of Trustees.
TENTH: I nominate and appoint M & T BANK, of Carlisle,
Pennsylvania, or its successor as Trustee of the Trust herein created. The person or a
majority of the sui juris persons then entitled to receive income may:
(1) Revoke the appointment of the then acting corporate Trustee and
substitute a new corporate Trustee; and/or
(2) Change the situs of this Trust from the state in which the Trust is
then being administered to a new state.
Either or both of such actions shall be accomplished by a writing signed by
the person or persons so acting delivered to the corporate Trustee.
LASTLY: I nominate and appoint my daughter, ANNE G. WEBSTER,
as Executor of my Estate. If my daughter, ANNE G. WEBSTER, fails to survive me, I
appoint M & T BANK, of Carlisle, Pennsylvania, as sole Executor of my Estate. I direct
that they shall serve without the necessity of filing bond or security in any jurisdiction.
5
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this
~+~
day of
~.e~~
, 2003.
~ J. )j~
Alice F. Gates
SIGNED, SEALED, PUBLISHED and
DECLARED in the presence of:
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COMMONWEALTH OF PENNSYLVANIA
. ss
COUNTY OF CUMBERLAND
I, ALICE F. GATES, 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; that I signed it
willingly; and that I signed it as my free and voluntary act for the purposes therein
expressed.
Sworn or affirmed to and acknowledged before me, by ALICE F. GATES,
the Testatrix, this cgkL day of &1 ~ ,
2003.
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Alice F. Gates, Testatrix
Notarial Seal
PatricIa C. Zitzman, Notary Public
Cartlsle 8oro, Cumberland County
6 My Commission Expires Mar. 28,2005
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
. ss
COUNTY OF CUMBERLAND
We,~~s V, R,,~.J-r.. and S+ F.
the witnesses whose names are signed to the attached or foregoing instrume being
duly qualified according to law, do depose and say that we were present and saw
Testatrix sign and execute the instrument as her Last Will; that she signed willingly and
that she executed it 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 18 or more years of age, of
sound mind and under no constraint or undue influence.
Sworn or affirmed to and subscribed to before me by..J ~ ~:i1 D ~ ...a..-rJr.
andE>.~ F. ~~ this 8~ day of ~~baA
2003.
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Wit ess
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Notary puf#6 I
Notarial Seal
Patricia C. Zltzman, Notary Public
Carlisle 8oro, Cumberfand County
My Commission Expires Mar. 28, 2005
Member Pennsylvania Association of Notaries
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