HomeMy WebLinkAbout04-04-06
Estate of GEORGE H. WALLACE
also known as GEORGE H. WALLACE. .JR.
PETITION FOR PROBATE and GRANT OF LETTERS
No. alp - 03 <::) )
To:
Register of Wills for the
, Deceased. County of CUMBERLAND in the
Social Security No. 175409215 Commonwealth of Pennsylvania
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older and the execut rix named
in the last will of the above decedent, dated 11/29/2000
and codicil(s) dated NONE
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with
h is last family or principal residence at 2409 DEERVIEW DRIVE. MECHANICSBURG. UPPER ALLEN
TOWNSHIP. PENNSYLVANIA
(list street, number and municipality)
Decedent, then 53 years of age, died 12/11/2005
at HOLY SPIRIT HOSPITAL. CAMP HILL. EAST PENNSBORO TWP. 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:
NONE
$
$
$
$
37.000.00
0.00
0.00
0.00
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters TESTAMENTARY
thereon. ~
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g SUSAN C. WALLACE
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(testamentary; administration c.La.; administration d.b.n.c.t.a.)
2409 DEERVIEW DRIVE
MECHANICSBURG PA 17055
OATH OF PERSONAL REPRESENTATIVE
COMMONWEAL TH 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 of the knowledge and belief ofpetitioner(s) and that as personal represen-
tative(s) of the above deceJent petitioner(s) will well and truly administer the estate according to law.
Sworn to o. r affirm. ed and ,SUbscribed {
before me this ~ ft) day of
-ffJ1fJ I MO~
, '/AJ "ItlM ,~t2~~
~-IJPA~ Register
,- ~
~J:l1l,1{(] ~~V
SUSAN C. WALLACE
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Estate of GEORGE H. WALLACE
, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
flnl' I .1lth, tJ(JOI.
AND NOW L/"-f' ) j ::t. t/l (p , 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 11/29/2000
described therein be admitted to probate and filed of record as the last will of GEORGE H. WALLACE
AlKlA GEORGE H. WALLACE. JR.
and Letters TESTAMENTARY
are hereby granted to
SUSAN C. WALLACE
qa. 00
Probate, Letters, Etc.. . . . . . . . $
h fi 0,00
S ort Certi lcates (;).. } . . . . . . $
WI II . . ) 0,00
RCfiHR61atloa-.. ......... $
O..iJ.fv + :TCf $ J~:j'. 00
(/.. '"70
TOTAL _ $ I~ol{..
Filed. .~P.r.I( .~.~q~(P...........
MURREL
24849
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FEES
PA 17055
717-697-4650
PHONE
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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.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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No.
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Fee for this certificate. $6.00
Local Registrar
p
Ute 1 4 Zu05
Date
Rev. 2187
COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
STATE FILE NUMBER
NAME OF DECEDENT (First, Middle, Last)
H.
SEX
SOCIAL SECURITY NUMBER
3. 175 - 40
9215
ReSidence 0 ~;~:~ify) 0
RACE. American Indian, Black. White, et .
(Specify)
Cumberland
E. Pennsboro Twp.
Be.
l<iND OF BUSINESS /INDUSTRY
10.
white
DECEDENTS USUAL OCCUPATION
(~~v~:~j~gj:.,~~o ~~Ie u~n;"~r,::gtl
MARITAL STATUS - Mamed,
NevE'r ~3Med, V";dnwed,
Divorced (Specify)
14. Married
SURVIVING SPOUSE
(If w;fe, giy~ maije... I"'ame)
11a. Account Execut:lve 11b. Frei ht Broker
DECEDENT'S MAILING ADDRESS (Street, CityfTown, State, Zip Code) DECEDENTS
ACTUAL
RESIDENCE
(See instructions
on other side)
2409 Deerview Drive
1L Mechanicsburg, PA 17055
FATHER'S NAME (First, Middle, Last)
18. George H. Wallace, Sr.
INFORMANT'S NAME (Type/Print)
20a. Susan C. Wallace
METHOD OF DISPOSITION DATE OF DISPOSITION
Burial 0 Cremation ~emoval from State D (Month. Day. Year)
Other (Specify) D 21bPecember 14, 2005 21c.
N ERVI4 LICENSEE OR PERSON ACTING AS SUCH LICENSE NUMBER
I ).: '.,-' ~ 22b. FD 0 12 848 L
Complete item a-c 0 Iy when certifying To the best of my know:edge, death occurred at the time, date and place statad.
physician is not available at time of death to (Signature and Tille)
certify cause of death. 23a.
Items 24.26 must be completed by TIME OF DEATH
person who pronounces death, 24. I '+ S
Cumberland
Did
decedent
live in a
township?
Susan C. Crai
Upper Allen
twp.
17b. Countv
17d. D ~~;,~e~~~~7\i~;~~ of
citylboro.
MOTHER'S NAME (First. Middle, Maiden SurnaMe)
19. Helen F. Faust
INFORMANTS MAILING ADDRESS (Street. CityfT"own, State, Zip Code) ,
20b. 2409 Deerview Drive , Mechanicsbur PA 17055
PLACE OF DISPOSITION- Name of Cemetery, Crematory lOCATION. CityfTown, State, Zip Code
or Other Place"
Evans Crematory 21~chaefferstown, PA
NAM:ANDACDRESSOFFACILlTYParthemore FH & CS, Inc.
22c. P.O. Box e
LICENSE NUMBER
23b. tv1 .D (') S-C/ J c? I L
17088
f
M.
23c.
WAS CASE REFERRED TO A MEDICAL EXAMINER /CORONER?
26. Yes IRl _,<f'V v No D
: Approximate PART II: Other significant conditions contributing to death, but
. interval between not resulting in the underlying cause given in PART I.
: onset and death
27. PART I: Ent.r the dln...ea, Injurlea or compllcatlona which caund tha <leath. Do not enter the mode of dying, auo:h aa cardl.c or reaplratory atreat, ahock or heart failure.
L1at only ana cauae on each line.
IMMEDIATE CAUSE (Final
disease or condition
resulting in death)-+
MANNER OF DEATH
DATE OF INJURY
(Month. Day. Year)
TIME OF INJURY
INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED.
Sequentially list conditions {. b.
if any, leading to immediate
cause. Enter UNDERLYING
CAUSE (Disease or injury c.
. that initiated events
resulting on death) LAST d.
WAS AN AUTOPSY WERE AUTOPSY FINDINGS
PERFORMED? AVAILABLE PRIOR TO
COMPLETION OF CAUSE
OF DEATH?
Yes D No
YesD
NoD
Accident
Suicide
Pending Investigation
Could not be determined
o
o
o
30a. 30b. M.
PLACE OF INJURY. At home, farm, street, factory, office
building, etc. (Specify)
30e.
Yes D No D
30c.
Natural
IX!
D
o
Homicide
'MEDlCAL EXAMINER/CORONER
~:~~::::I:::ee;~~.I.~~.~i~~. ~~.~~~.~ ~~~~~~~~.~~~~~: .I~ .~~. ~:.I~~~~: .~~.~~~ .~~~~~~~~. ~~. ~~.~ .~I.~~.'. ~.~~~.'. ~.~~ .~~~.~~:. ~.~~ .~.~~. ~~ .t.~~ ~~~~.~~.(.~~ .~~~.. D
31a.
REGISTRAR"S SI~TURE AND ~~MB~;'3__...
33. t?;"l/J1.- J:(? :;'~J'j.C!.t..~~/~~:t..,;:.V~
~/~I/( I
'1"0 C>
28a. 28b.
CERTIFIER (Check only one)
'l~~J~FJJ~tGor~~~~~JJf~"s~~~~C~c'ti~~f'duJ: t"r1 ~:~;.~~:~(~r~~jrJ~x~i~~a~s h;t~r~~~~~~:~~ .~~~~~1. ~~~ .:~.~~~:~~~ .i~:.~~ ?~).................. D
29.
'P:oOt~~~~s~l~fm~Nk~;;I~:e:':9~t~~~~~~~~~ ~~~~;Iil~e~~~t~r~~~u~~~~,d:~~h d~~ t~e:::~i~~II~e~(~)~~~ d~:~~er as stilted,..................... 0
34.
LAST WILL AND TESTAMENT
BE IT REMEMBERED THAT
I, GEORGE H. WALLACE, a resident of 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 any and all Wills and Codicils
previously made by me.
I
I declare that I am married to SUSAN C. WALLACE, and that I have three (3)
children, mSTIN M. WALLACE, BROOKE E. WALLACE, born October 7, 2000, and
CONNOR R. WALLACE, born October 7, 2000.
II
I direct that all my just debts and funeral expenses shall be paid from my residuary
estate as soon as practicable after my decease.
III
I direct that all taxes that may be assessed in consequence of my death, of whatever
nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a
part of the expense of the administration of my estate.
IV
I give, devise and bequeath all my property, whether real or personal, wherever
situate, including any property over which I may have a power of appointment to my wife,
SUSAN, provided that she survives me by thirty (30) days.
V
If my wife, SUSAN, shall predecease or fail to survive me by thirty (30) days, I give,
devise and bequeath all of my property, whether real or personal, wherever situate,
including any property over which I may have a power of appointment, to my children,
JUSTIN, BROOKE and CONNOR, in equal shares, per stirpes, pursuant to the terms of the
hereinafter included Trust.
'.~j ~
VI
~TTARnTAN~HTP
If my wife shall predecease me and my children, BROOKE and CONNOR, survive
me and are under the age of eighteen (18) years, I appoint my wife's sister, LORI
SQUIRES, and her husband, JAMES SQUIRES, as the Guardians of the person of such
child. If either is unable or unwilling to act in that capacity, then the other may act alone as
Guardian.
VII
TRTT~T
If my wife shall fail to survive me by thirty (30) days and I have any children who are
under the age of thirty (30) years who survive me, I appoint my wife's sister, LORI, as
Trustee of the property that I have given to my children.
A. The assets that are transferred to the Trust shall be divided into
approximately equal shares for each of my children under the age of thirty (30) years of
age.
B. The Trust estate shall be administered until each child reaches the age of
thirty (30) years. Until that time, the Trustee shall apply all net income and principal of the
Trust estate as follows:
1) So long as my child is under the age of thirty (30) years of
age, the net income of the Trust shall be paid to or applied for
the benefit of my child at such times and in such amounts as
the Trustee shall in her discretion deem necessary for his
support, welfare, maintenance and education. Education shall
be defined broadly to include not only that available in college,
but also trade school and other similar training. In the event
that the income shall be insufficient to provide my child with
adequate maintenance, support, welfare or education, the Trustee
may invade the principal of this Trust for this purpose.
2) The Trustee, in exercising her discretionary authority with respect
to the payment of income or principal of the Trust estate to my
beneficiary, shall take into consideration any income or other
resources available to my child from sources outside of this Trust
that may be known to the Trustee. The determination of the
Trustee with respect to the necessity of making payments out of
income or principal to my beneficiary shall be conclusive on all
persons howsoever interested in the Trust.
3) The Trustee shall accumulate and add to principal any net income
of the Trust not paid out in accordance with the discretion
hereinabove conferred on the Trustee.
2
4) In the event my child predeceases me or dies prior to the
termination of this Trust, the interest of my child in the Trust
shall cease, except that if he is survived by any children, then the
Trustee shall pay net income of the Trust to or apply the same
for the benefits of such children of my deceased child, in such
amount or amounts as the Trustee in her sole discretion may
determine for support, welfare and maintenance.
c. When my child reaches the age of twenty-seven (27) years, a calculation of
the property remaining in the Trust shall be made and twenty-five percent (25%) of the
total thereof shall be distributed to him or her.
D. When my child reaches the age of thirty (30) years, a calculation of the
property remaining in the Trust shall be made and the total thereof shall be distributed to
him or her.
E. My child, as beneficiary of this Trust, shall not have any right to alienate,
encumber, or hypothecate his interest in the principal or income of the Trust in any
manner, nor shall any interest be subject to claims of his creditors or liable to attachment,
execution or other process of law.
F. In order to carry out the purposes of this Trust established by this Will, the
Trustee, in addition to all other powers granted by this Will or by law, shall have the
following powers over the Trust estate, subject to any limitation specified elsewhere in this
Will :
1) To retain any property received by the Trustee estate for
as long as the Trustee considers it advisable.
2) To spend funds for the maintenance and repair of real
property.
3) To sell at public or private sale, exchange or lease for a
period of time any real or personal property and give
options for sale of the lease.
4) To execute and deliver any deeds, leases, assignments
or other instruments as may be necessary to carry out the
provisions of this Trust.
5) To borrow money and to mortgage or pledge any real
or personal property.
6) The Trustee shall maintain accurate records and accounts
and shall render statements to my beneficiary hereunder
showing receipts and disbursements of principal and
income no less frequently than annually. The Trustee
shall serve without bond and shall receive fair and
reasonable compensation for administration of this Trust,
not to exceed five (5%) percent of annual income.
7) To distribute property in kind.
3
8) To do all other acts that are in her judgment necessary or
desirable for the proper management, investment and
distribution of the Trust estate.
VIII
I nominate, constitute and appoint my wife, SUSAN C. WALIACE, as Executrix of
this LAST WILL, to serve without bond. If my wife is unable or unwilling to act in that
capacity, then I nominate, constitute and appoint my wife's sister, LORI SQUIRES, as
Executrix of this LAST WILL, to serve without bond.
IN WITNESS WHEREOF, I, GEORGE H. WALLACE, have set my hand to this
f
LAST WILL this ~) 9 TN day of /U:JtlBKZJ~, 2000.
~2'~
)?EOR H. WALLACE
Signed, sealed, published and declared by the above-named GE ..' GE H.
W ALIACE, as and for his Last Will and Testament, in the presence of us, . 110, at his
request and in his presence, and in the presence of each other, have hereu0' subscribed
. /
our names as WItnesses. l
}
/.---
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4
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
SSe
COUN1Y OF CUMBERLAND
I, GEORGE H. WALlACE, 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; that I signed it as my free and
voluntary act for the purposes therein expressed.
~7~
.''f;;P , , ~
AfEOR H. WALLACE
Sworn or affirmed to and acknowledged before me by GEORGE H. WALlACE, Testator,
this ;:x?77<1ay of 2rb~~, 2000.
[J~ 'm.~
Notary Publi,..
Notarial Seal
Diane M. Smith. Notary Public
MeehanlcsburQ Boro, Cumberland County
My CommlssK>n Expires June 22, 2004
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SSe
CO~~OFCUMBERLAND
we,NrJK:i(t-i ? WI/Lvri<r/7(and ~rtlL/5i.E:Nt). KRIJ(JSSI: ,
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 sign
and execute the instrument as his LAST WILL, that GEORGE H. WALlACE signed
willingly and that he executed it as his free and voluntary act for the purposes ther . -
expressed; that each of us in the hearing and sight of the Testator signed the W/ as
witnesses; and that to the best of our knowledge, the Testator was at the time 18 ears of
age or more, of sound mind and under no constraint or u i7~
, ~ a ~nJ'/fL~
Sworn or affirmed to and acknowledged before me this
e:J 9 w-.. day of /UO().Lff}Q...Lr , 2000.
O~m.~
Notary Public
Notarial Seal
Diane M. Smith. Notary Public
Mechanicsburg Born. Cumberland County
My Commission Expires June 22, 2004
5