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HomeMy WebLinkAbout03-30-06 PETITION FOR PROBATE and GRANT OF LETTERS Estate of also known as Elizabeth J. Aarhus octal Secunty No. 148-26-5269 No. 21-06- ':> J.. ~ <.c To: Register of Wills for the County of Cumberland in the 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 executors named in the last will of the above decedent, dated January 12,2006 and codicil(s) dated N/A (state relevenat Circumstances, e.g. renUnCiation, death ot executor, etc.) Decedent was domiciled at death in Cumberland the Decedent's last family or principal residence at (North Middleton Townshi ) 1St street, num Decedent, then 74 years of age, died March 24, 2006 at Except as tollows, 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: $ $ $ $ 100,000.00 WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters Testamentar testamentary; a mIDI stratI on c.t.a.; a thereon. 'x Residence(s) of Petitioner(s) 5 South Hanover Street, Carlisle, PA 17013 OATH OF PERSONAL REPRSENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY 01<' CUMHEKLANU The petitioner(s) above-named swear(s) or athrm(s) that the statement in the foregoing peition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly admi s r the estate a.cco1din to law. Sworn to or athrmed and subscribed -d before me this ~ <:Y~ day of . rey ",~,,-,~ L~e~ --~ <;,~~ ~~: ~~~ \ RegISter No. ).., - ~~ - ~ J..,~~ Estate of Elizabeth J. Aarhus Deceased DECREE O}' PROBATE AND GRANT OF LETTERS AND NOW March ~ \ , 2UU6in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT is DECRl:'J:C:D that the Instrument(s) dated January 12,2006 , described therein be admitted to probated hIed of record as the last will of ElIzabeth J. Aarhus ; and Letters are hereby granted to Kobert G. Frey ~..'"l' FEES $ $ $ $ $ $ $ Total_ $ ,2U~~ :t \~ \S So ~ \~ c;~ ~~,:s e ste ~. Kobert G. Frey, 46~W7 Al TORNEY (Sup. Ct. L 5 South Hanover Street Carlisle, Pennsylvania 17013 AUUKESS Probate, Letters, Etc. Will Renunciation Short Certihcates ("). ) JCP Automation Fee Bond .,. J FIled j.,~~ .'\:.~ (717) 243-5~3~ PHONE . .j (,) ., '~_..n --I RENUNCIATION In Re Estate of Elizabeth 1. Aarhus No. 21-06- ~ ~ ~ ~ Also Known as , deceased To the Register of Wills of Cumberland County, Pennsylvania. The undersigned Robert M. Frey named as Executor (Name) (Releationship) (Capacity) of the above decedent, hereby renounce(s) the right to administer the estate and respectfully ask(s) that Letters Testamentary be issued to Robert G. Frey WITNESS my hand this 30th day of M...K,LQ006. ~~ Notary Public Affirmed and subscibed before me this 30th day of M~006 d~ --- rz~ ~. ~-( Robert M. Frey 5 South Hanover Street, Carlisle, P A 17013 NOTARIAL SEAL TRrSHA A L1ESS. NOTARY PUBLIC BOROUGH OF CARLISLE, CUMBERLAND CO PA MY COMMISSION EXPIRES MAY 20.2006 REGISTER OF WILLS OF CUMBERLAND COUNTY OATH OF SUBSCRIBING WITNESS --------------------------------- Estate of Elizabeth J. Aarhus No. 21-06- ~"J... ~ ~ Also known as , Deceased Robert G. Frey and Connie M. Minich (each) a subscribing witness to the will/codicil presented herewith, (each) being duly qualified accordi to law, depose(s) and say(s) that they were present and saw Elizabeth 1. Aarhus the testator, sign the same and that they signed as a witness at the request of testator in his presence aT (in the presence of each other) (in the presence of the other subscribing witness(es)). Sworn to or affirmed and subscribed before me this ~ ~~~ day of March, 2006 ~ ~~ ~~1'--:;~~N.. . Register \ ~ ex .v..~\ J.~ ~ ~.~ Robert G. Frey 5-1outh Hanover Street, Carl~l I~ 17013 C~\t \l'v\. ML\!\lJA, Connie M. Minich . ".I """' ..) l __J H'''''''' :'''\, , , . " -:;",. \ _ <:::::l \:, - ~~).., ~lx: ThIs IS to certIfy that the mformatIOn 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. Fee for this certificate, $6.00 p 'I ''1~)! ') 6' ? 6 ,LLi__.lU '-, No. 2~ ~. ~"H ~-t;J....~ Local Registrar MAR 2 7 2006 Date ,) -' "l -_.J H10!5.143 Rev. 2/87 COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS CERTIFICATE OF DEATH STA.TE FILE NUMBER TYPElPRINT IN PERMANENT BLACK INK 1, AGE (Last BIrthday) . ./4 VB, COUNTY OF DEATH "old.~KJ ~) D RACE - American Jndian, Black, White. et . (Spec:lfy) .6?1 10, White SURVIVING SPOUSE (If~. gMlMId.n na~) lWp, citylboro. fil "' => ~ ::; '" end "iitia; liiH.v.(ia d/,{,vf 000 T~(;" ASAFON€OOUEN"" ",,), 21. : Approximllte : Inlel'Vlll between I on... and death : Ai'p,f01, . , ( PART U: Other slgnlflCllnt conditions contributing to death, but not resulting In the undertylng ceuae given In PART I. SctquentiaUy list candldons { b, Ihny, leading 10 immediate . alUM. Enter UNDERLYING CAUSE (Dls.8M or Injury c. thet initiated events rnultlng on death) LAST d. WAS AN AUTOPSY WERE AUTOPSY FINDINGS PERFORMED? AVAIlABLE PRIOR TO COMPLETION OF CAUSE OF DEATH? Ve. D No [iI" Ve. D DUE TO (OR AS A CONSEQUENCE OF): Uf TO (OR. A EOUEN Natural MANNER OF DEATH liT D D Homicide Pending Invesllg.tIon Could nol be determined DATE OF INJURY (t.4onlh,C.y,Y_) D D D TIME OF INJURY INJURY AT WORK? DESCRIBE HOW INJURY OCCURRED. NoD SuWe 30., 3Gb. M. PLACE OF INJURY - At home. ferm. sheet. factory, otI'k:e bulldlng, 1Itc. ISpeoIty) 30.. Ve. D No D 3Oc. 30d, LOCATION (Street, CltylTown, State) ......donl 2... 21b. CERTIFIER (Check only one) .f:~~:tGJ~~~~~.1t~~~~~~C8J'::tr::'8~':'~(:~~~~::.h:t~~~~.~~~~,~~,~~~.t~.I,I~,~~~................. 2', .... Z W C W " W C "- o ~ :w. LAST WILL AND TEST AMENT OF ELIZABETH J. AARHUS I, ELIZABETH J. AARHUS, widow, of North Middleton Township, 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 or Executrices to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I further direct that all inheritance, transfer, succession, estate and death taxes, including interest and penalties thereon, which may be payable on account of my death shall be payable from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. I direct that my Executor make arrangements for my burial pursuant to the arrangements made with Hoffman-Roth Funeral Hone and that I be buried next to my late husband, Karsten A. Aarhus, at Indiantown Gap Cemetery. 2. I declare that I am unmarried and that I have five children, ERIK Y AARHUS, MICHAEL O. AARHUS, GREGORY P. AARHUS, KARSTEN A. AARHUS, II, and KJERSTEN BARRICK. 3. I give and bequeath from my estate the following: (a) To Sacred Heart Alumni Association of Vineland, New Jersey, the sum of $1,000.00. (b) To Birthright, the sum of $1,000.00. (c) To Mary Queen of Peace Chapel of Carlisle, the sum of $1,000.00. home. (d) To the Salvation Army, all of the linens 10 my (e) To St. Vincent DePaul all of my dishes, pots, pans and cookware. (f) To my friend Karen Saporito, any automobile owned by me at the time time of my death, my roll-top desk and double bed with mattress and box spring. (g) To my grandson, Nicholas Matthews, my late husband's memorial flag and photographs of him from WWII, and The Viet Nam War. (h) To my daughter, Kjersten Barrick, all of my jewelry and my antique bible and stand. (i) To my children to be divided among them as they see fit, my photograph albums. (j) To my friend, Loretta Quinn, the sum of $500.00. (k) To my friend Carol Mineo, the sum of $250.00. (I) To my friend Nick Mineo, the sum of $250.00. (m) To my friend Karen Saporito, the sum of $500.00. (n) To my friend, Lillian Fornari, the sum of $1,000.00 :."'1 ~ ~()' Page 1 of3 (0) To Father Gerald Foley, the sum of $5,000.00. (p) To my son, Gregory P. Aarhus, the sum of $1.00. 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 as follows: (A) To my son, Michael O. Aarhus, one share (B) To my daughter, Kjersten Barrick, one share. (C) To my son, Karsten A. Aarhus, II, one share, less the sum of $8,000.00 representing the amount loaned to him by me and my late husband. The $8,000.00 deducted from his share, shall be added to the remaining share or shares. (D) To my son, Michael O. Aarhus, one share to be held in Trust for the benefit of my son Erik Y. Aarhus. I authorize the herein named Trustee to receive and invest the same and to pay the income arising therefrom together with so much of the principal thereof as in his opinion is necessary or desirable to be expended for the proper maintenance, support and education of such person to or for the benefit of such person. Upon the death of Erik Y. Aarhus, I direct that the amounts then held in Trust shall be paid to a food bank or similar organization in the State of new Jersey as determined by the Trustee in his sole discretion. 6. Provided, however, that if any person is entitled to a portion of my estate pursuant to paragraph 3 and 4 and that person shall remove any property prior to its being inventoried by my Executor, then in such event any bequest made to that person shall lapse and be added to the residue of my estate. 7. 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, then in such event I nominate constitute and appoint my attorney, ROBERT G. FREY, as Executor, and I further direct that neither of them shall be required to post any bond to secure the faithful performance of his duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 8. In addition to the powers conferred by law, my hereinbefore named Trustees and Executors and their respective successors, are empowered: a. To invest any part of the trust corpus in such secuntIes, 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 jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on 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 money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon 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 not under trust obligation. 4- !--~._. Page 2 of 3 c. To hold the trust corpus in one or more consolidated funds III 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 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. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. 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. l. 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 three (3) pages, this (1. t1-- day of January, 2006. '-?f/;A': ") /) ,t"#~l~~(SEAL) LIZA ETH J. AAR US Signed, sealed, published, and declared by ELIZABETH J. AARHUS 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. Cl C5~J,- ;',~" Page 3 of3 ,. ~