HomeMy WebLinkAbout03-28-06
PETITION FOR PROBATE and GRANT OF LETTERS
Lillian M. Landis No 21-06 '-Od..ID
To: Register of Wills for the
County of Cumberland in the
209-12-9503 Commonwealth of Pennsylvania
Estate of
also known as
Social Security No.
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the executor
in the last will of the above decedent, dated December 1,1998
and codicil(s) dated N/A
named
(state relevenat clTcumstances, e.g. renunCIatIOn, death of executor, etc.)
Decedent was domiciled at death in Cumberland County, Pennsylvania,
with her last family or principal residence at
442 Walnut Botton Road, N. Middleton Township
(bst street, number and municIpalIty)
Decedent, then 83 years of age, died March 19,2006
at Church of God Home, 442 Walnut Bottom Road, N. Middleton Twp
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: 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:
$ unestimated
$
$
$
thereon.
unestimated
......-....
.' "f i0~;~~ r~Jf":~;
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicItf-s)::>, ":';
presented herewith and the grant of letters testamentary .. .. ,', :; ',:','..:,:\ .... "."'\
(testamentary; admInIstratIOn c.t.a.; admInistf~tk>n dl:'b.n.c.t.a..r.j
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Robert M. Frey '.l-(
5 South Hanover Street
Carlisle PA 11013
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UATH U~' P~KSUNAL KEPKS~NTAl1V~
COMMONWEATLH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
The petitioner(s) abare-mulled swear(s) or affirm(s) that the statement in the foregoing peition are
true and correct tothe-bestofthe knowledge and belief of petitioner(s) and that as personal represen-
tative(s) of the above decede,ntpetitioner(s) will well and truly administer the estate according to law.
Sworn to or affirmed. a nd ..SUbscribOd ~ --'7 "7.,:z
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Register
REGISTER OF WILLS OF CUMBERLAND COUNTY
OATH OF NONSUBSCRIBING WITNESS
Estate of Lillian M. Landis No. 21-06- t;) 1 D
Also known as
.Deceased
Mary C. Wert and Trisha A. Liess
(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that
they are familiar with the signature of Lillian M. Landis, testatrix of (one of the subscribing
witnesses to) the codicil/will presented herewith and that believe/believes the signature on the
codicil/will is in the handwriting of Lillian M. Landis to the best of their knowledge and belief.
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Sworn to or affirmed and subscribed
Before me this ~f day of 5 S. Hanover Street. Carlisle PA 17013
of man.), . 2006 ~
;:hP/nb- (fv) ILIA ).<Al1Sb~ l C ~ Yl ) ,
Register Trisha A. Liess
fe'1~~~
Deputy
'v
5 S. Hanoverl Sireet;X?l1!1l_istiDP A 17013
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20=Il
82 Q 9UaZ
Estate of
No. 21-06 .- 0 'J ., 0
Lillian M. Landis
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW /V1 {J v [f,-, '2 ~ 20 () (0 , 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_ December 1,1998
described therein be admitted to probate and filed of record as the last will of
Lillian M. Landis
and Letters Testamentary
are hereby granted to Robert M. Frey
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Register of Wills
~-~~~
Robert M. Frey #06274
ATTORNEY (Sup. Ct. J.D. No.)
5 South Hanover Street
Carlisle, Pennsylvania 17013
ADDRESS
(717) 243-5838
FEES
Probate, Letters, Etc. $
Short Certificates(1) $
R@RHHeis11sn $
W'il\ JGVJ+~v1'1> $
Total_ $
Filed........:....).7 .a.~ ~..r?.~....
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5.805 REV 1105
This is to certify that the information here given is correctly copied fro~ 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 filmg.
WARNING: It is illegal to duplicate this copy .by photostat or photograph.
Fee for this certificate, $6.00
p
12270437
No.
?i~ ..\\. ~e.....4.~
Local Registrar
MAR 2 1 2006
Date
N
CD
o
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH STATE ALE NUMBER
3. SocIIISoeurlyN"""" .. _.'Oooth_.dIy,yooIj
209 12 March 19, 2006
HllJ5.1aRIY.01A)6
TYPUIfttHT It
I'fRIWIEIIT
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Lillian M. Landis
5. .(lasI-Y1
83 Vrs.
lib. CounIy of 000111
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.: .
LAST WILL AND TESTAMENT
OF
LILLIAN M. LANDIS
I, LILLIAN M. LANDIS, widow, of Upper Allen Township (mailing address: 14
Hickory Lane, Mechanicsburg, Pennsylvania 17055), Cumberland County, Pennsylvania, being
of sound and disposing, mind, memory and understanding, do hereby make, publish and declare
this as and for my Last Will and Testament hereby revoking and making void any and all Wills by
me at any time heretofore made.
1 . I direct my hereinafter named Executor to pay all of my just debts and funeral expenses
as soon after my death as may be found convenient to do so. I direct that my funeral services be
conducted by Hoffman-Roth Funeral Home, 219 North Hanover Street, Carlisle, Pennsylvania,
in a manner substantially similar to the arrangements made by me for the services of my husband,
John K. Landis, and that my body be interred beside his on our burial10t located in Westminster
Cemetery in North Middleton Township near the Borough of Carlisle,.Cumberlan4 County;'
Pennsylvania.
2. I direct that all inheritance, transfer, estate and succession death taxes which may be
payable on account of any assets which are not included in my probate estate shall be paid by the
person who receives such assets and shall not be paid from the assets of my probate estate.
3. I give and bequeath the sum of $3,000.00 to my good friend and helpful neighbor,
Harry E. Cupp, his heirs and assigns, 5 Hickory Lane, Mechanicsburg, Pennsylvania, provided
he shall survive me by a period of ninety (90) days, but should he fail to so survive me then the
same shall lapse and be added to the residue of my estate.
4. All of the rest, residue and remainder of my estate, real, personal and mixed, and
wheresoever the same may be situate, I give, devise and bequeath in equal shares to such of the
following persons as shall survive me by a period of ninety (90) days, their heirs and assigns, but
should any of them fail to so survive me then the share such deceased person would have received
shall lapse and be added equally to the remaining shares for the persons so surviving: my
daughter, Linda L. Elicker, ofWillards, Maryland; my granddaughter, Kimberly Sue Mumford, of
Berlin, Maryland; my granddaughter, Kelly Jo Elicker, of Willards, Maryland, and my great-
grandson, Cody Richard Elicker, who is the son of my granddaughter, Kelly Jo Elicker, of
Willards, Maryland; my great-grandson Cole Allen Mumford, who is the son of my
granddaughter, Kimberly Sue Mumford, of Berlin, Maryland and each additional great-grandchild
of mine which may hereafter be born to my granddaughters, KirflberlySue Mumford.or Ke-lly Jo
Elicker.
5. Should any person be less than 21 years of age at the time he or she becomes entitled to
distribution, I direct that the same shall be paid to my hereinafter named Executor, Robert M. Frey,
or his alternate or successor, Robert G. Frey, as Guardian of the estate of each person, but should
both of them fail or decline to serve or cease serving as such Guardian, then I direct that a
successor Guardian shall be recommended by my hereinafter named Executor or his successor,
subject to appointment by the Orphans Court Division of the Cumberland County Court of
Common Pleas or such other distribution shall be made as said Court shall direct.
6. I hereby nominate, constitute and appoint my attorney, Robert M. Frey, as Executor of
this my Last Will and Testament, but should he predecease me or fail to qualify or cease serving as
such, then in such event I nominate, constitute and appoint his son, Robert G. Frey, as alternate or
successor Executor, and I further direct that neither of them shall be required to post any bond to
secure the faithful performance of his duties iri the Commonwealth of Pennsylvania or in any other
jurisdiction.
7. My hereinbefore named Guardian of the estate of any person less than 21 years of age
and my hereinbefore named Executors, and their respective successors, are empowered:
a. To invest any part of the trust corpus in such securities, investments, or other
property as may be deemed advisable and proper, Irrespective of whether the same are authorized
for the investment of trust funds under the laws of any governing juris<;1iction.
b. With respect to any corporation, the stocks, bonds, or other securities of which
may be held, to vote in person or by proxy oa any shares of stock; to consent to the merger,
consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale
of the property of any such corporations; to make any surrender, exchange or substitution of such
stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of
such corporations; to pay all assessments, subscriptions and other sums of mOIley which maYi'b,e
deemed wise and expedient for the protection and maintenance of the proport10~at~. interesfofilie
investment in such corporations; to exercise any option or privilege which may..:be\~onf~rr.e~ upon
-" : / "'_~" :'.1
Page 1 of 2 Pages
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the holders of such stocks, bonds, or other securities of such corporations either for the conversion
of the same into other securities or for the purchase of additional securities, and to make any and all
necessary payments which may be required in connection therewith; and generally to have and
exercise as to all such stocks, bonds and other securities, the powers of an individual owner who
is under trust obligation.
c. To hold the trust corpus in one or more consolidated funds in which separate
shares shall have undivided interests.
d. To sell at public or private sale for cash or upon credit, or partly for cash and
partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts
of the trust estate, and no purchaser at any such sale shall be bound to inquire into the expediency
or propriety of any such sale or to see to the application of the purchase moneys arising therefrom.
e. To keep on hand and uninvested such money as may be deemed proper and for
such period as may be found expedient.
f.
trust estate.
To compromise, settle or arbitrate any claim or demand in favor of or against the
g. And authorized in the discharge of fiduciary duties, to employ counsel and to
determine and to pay such counsel reasonable compensation which shall be charged against the
principal or income of the trust fund, and shall further be entitled to charge against the principal or
income such other reasonable expenses and charges as may be necessary and proper to incur for
the proper discharge of fiduciary duties and for the proper management and administration of the
trust estate.
h. In making any division of property into shares for the purpose of any distribution
thereof directed by the provisions of the trust, to make such division or distribution, either in cash
or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making
any division or distribution in kind may allot any specific security or property or any undivided
interest therein to anyone or more of such shares, and to that end may appraise any or all of the
property so to be allotted and the judgment as to the propriety of such allotment and as to the
relative value for purposes of distribution of the securities or property so allotted shall be final and
conclusive upon all persons interested in the trust or in the division or distribution thereof.
i. And authorized to register any shares of stock or other assets of any trust in their
own names or in the name of a nominee.
j. To retain and invest in shares of stock of my Trustee.
k. To retain any investments including mutual funds which I may own at the time of
my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds
as may be deemed advisable or proper, irrespective of whether the same are authorized for the
investment of trust funds under the laws of any governing jurisdiction.
1. To determine from time to time whether all or some portion of realized capital
gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to
be retained as part of the corpus, and such designation need not be consistent from one year to
another.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will
and Testament written on two (2) pages, this "~day of December 1998.
~ r' i:~
Lillian M. Landis
\
Signed, sealed, published and declared by LILLIAN M. LANDIS, the Testatrix above-
named, as and for her Last Will and Testament, in our presence, who, in her presence, at her
request, and in the presence of each other, have hereunto subscribed our names as attesting
witnesses. CGrvtO 1~01l~
/ ~ # ~ ~~ / ,
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