HomeMy WebLinkAbout04-19-06
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Ray A. Smith
also known as
No. 21-06- 031f7
. Deceased
Social Security No. 195-24-9515
Rayna W. Smith
Petitioner(s), who is/are 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
[!] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the
the Decedent, dated 07/26/2002 and codicils dated
Executrix
named in the last Will of
State relevant circumstances. 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:
o B. Grant of Letters of Administration
(c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante mmontate)
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:
Name
Relationship
Residence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her family
or principal residence at 54 Village Court, Mechanicsburg, Cumberland Co.
(list street. number, and mUnicipality)
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Decedent, then
75
years of age, died
04/12/2006
at Harrisburg Hospital, Harrisburg, PA 17101
(Location)
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:
6,000.00
$
$
$
$
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant
of letters in the appropnate form to the underSigned:
ignature Typed or printed name and residence
Rayna W. Smith 11 Bethpage Drive
Falmouth, ME 04105
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Prepared by the Pennsylvania Bar Association
Copyright (c) 2004 fonn software only The Lackner Group, Inc.
Fonn RW-1 (1991)
Oath of Personal Representative
Commonwealth of Pennsylvania
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 Decedent, Petitioner(s) will
well and truly administer the estate according to law.
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Sworn to or affirmed and subscribed
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Social Security No: 195-24-9515
Date of Death:
04/12/2006
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Estate of
also known as
Ray A. Smith
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AND NOW,
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I in consideration
of the Petition on the reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters [!] Testamentary D of Administration
(c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Rayna W. Smith, Executrix
in the above estate and that the instrument(s) dated
7/26/2002
described in the Petition be admitted to probate and filled of record as the last Will of Decedent.
Short Certificate(S)......~..:}........ $
20.00
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RegisterOf<~ - ~
Attorney: Marielle F Hazen
FEES
Letters...................... .................... $
45.00
Renunciation.... ........................... $
15.00
68003
Marielle F. Hazen
2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
Telephone: 717-540-4332
Extra Pages (
). ....... ...................$
Will
)...................... $
I.D. No:
Affidavits (
Address:
Codicil........... .................... ........... $
JCP Fee...... ................................. $
10.00
Inventory...................................... $
Auto
Other............................................ $
E-Mail:
5.00
TOTAL............................ $
95.00
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1(1991)
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LAST WILL AND TESTAMENT
I, RAY ARTHUR SMITH, of the City of Easton, County of Northampton, and
Commonwealth of Pennsylvania, do make, publish and declare this to be my Last Will and
Testament, hereby revoking any and all Wills or Codicils by me heretofore made.
FIRST: I direct the payment out of my estate of the expenses of my last illness and
funeral as soon after my decease as may be convenient.
SECOND: I give all my automobiles, clothing, jewelry, books, pictures, furniture and
furnishings, and articles of personal or household use and equipment, together with all
insurance relating thereto, to my wife, BETTY MARIE SMITH, if she survives me by thirty
(30) days. If she does not so survive me, I give all such property and insurance to my
children who survive me, to be divided among them as they may agree or, in the absence
of agreement, such items shall be sold and the proceeds become a part of my residua,rx
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I intend to leave a memorandum setting forth suggestions as to the d~~ion~
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certain items and, while the memorandum is not to be legally binding,8~613e t~
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estate.
suggestions in it will be carried out.
THIRD: All the rest, residue and remainder of my estate, real and personal, and
wherever situate, I give outright to my wife, BETTY MARIE SMITH, if she survives me by
thirty (30) days. If she does not so survive me, I direct that said residue be divided into
equal shares so that there is one (1) such share for each of those of my daughters,
RAYNA WANDA SMITH and HOllY ANN HASSELMAN, who are then living or then
dead. I direct that the shares for my daughters, RAYNA WANDA SMITH and HOllY ANN
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HASSELMAN, be distributed to them outright if they survive me by thirty (30) days, or if
one or both does not so survive me, that share or those shares shall be further divided
among the issue of my predeceased child in equal shares and distributed pursuant to
Article FI FTH: hereof.
FOURTH: All federal, state and other death taxes payable because of my death on
any property then held in my estate or on any insurance proceeds or other death benefits
payable directly to my estate shall be paid out of the residue of my estate and none of
those taxes shall be charged against any beneficiary. Any death taxes on future interests
shall be paid from my residuary estate whenever my Executor, in my Executor's sole
discretion, thinks best.
FIFTH: If any beneficiary under twenty-one (21), or if any beneficiary who is, in my
Executor's opinion, disabled by advanced age, illness or other cause becomes entitled to
any income or principal under the provisions of this Will:
A. As much of such income or principal as my Trustee may from time to
time think desirable for that beneficiary either shall be paid to him or her or shall be applied
for his or her benefit; and
B. The balance of such income or principal shall be heid as a separate
trust for the beneficiary and, subject to my Trustee's power to pay to, or apply for the
benefit of, the beneficiary both income and principal of such trust, shall, together with any
net income therefrom, be kept invested and paid, as the case may be, to the beneficiary
when he or she reaches twenty-one (21) years of age or becomes, in my Trustee's opinion,
free of disability. Any funds to be applied under this Article either shall be applied directly
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by my Trustee or shall be paid to a parent or guardian of the beneficiary or to any person
or organization taking care of the beneficiary, and my Trustee shall have no further
responsibility for any funds so applied or paid.
SIXTH: If my Trustee, in my Trustee's sole discretion, determines that it is advisable
to do so, my Trustee may, without further responsibility, terminate any trust created by this
Will and pay the then-remaining principal and income of that trust to the person then
eligible to receive income therefrom or, if there is more than one such person, to them in
such amounts or proportions as my Trustee may think appropriate. If any such person is
under twenty-one (21) or is, in my Trustee's opinion, disabled by advanced age, illness or
other cause, my Trustee may pay any amount distributable to him or her, to his or her
parent or guardian or to any person or organization taking care of him or her or, in the case
of a person under twenty-one (21), may deposit it in a savings account, certificates of
deposit or other suitable investment, in such person's name, payable to him or her at age
twenty-one (21). My Trustee shall have no further responsibility for funds so paid or
deposited.
SEVENTH: No interest in income or principal shall be assignable by, or available
to anyone having a claim against, a beneficiary before actual payment to the beneficiary.
EIGHTH: In addition to the powers by law and hereinabove conferred by me upon
any fiduciary acting hereunder, I hereby expressly confer upon them and their successors,
the following powers, applicable to all property held by them, including all property held for
minors, both principal and income, effective without the order of any court and until the
actual distribution of all such property:
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A. To retain and to invest in all forms of real and personal property,
including common trust funds operated by any corporate trustee regardless of (i) any
limitations imposed by law on investments by fiduciaries, (ii) any principle of law concerning
delegation of investment responsibility by fiduciaries or, (iii) any principle of law concerning
investment diversification;
8. To compromise claims and to abandon any property which, in my
Executor's opinion, is of little or no value;
C. To borrow from anyone, even if the lender is a Trustee hereunder,
and to pledge property as security for repayment of the funds borrowed;
D. To acquire, sell or otherwise dispose of at public or private sale, to
exchange or lease for any period of time, any real or personal property and to give options
for sales or leases;
E. To partition, subdivide or improve real estate and to enter into
agreements concerning the partition, subdivision, improvement, zoning or management of
any real estate in which my estate has an interest and to impose or extinguish restrictions
on any such real estate;
F. To make loans to, and to buy property from, my or my wife's personal
representatives or the trustee of any trust created by either of us;
G. To join in any merger, reorganization, voting trust plan or other
concerted action of security holders, and to delegate discretionary duties with respect
thereto;
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H. To join with my wife in filing a joint income tax return without requiring
her to indemnify my estate against liability for the tax attributable to her income and to
consent to any gifts made by my wife being treated as having been made one-half by me
for the purpose of federal laws relating to gift tax;
I. To use administrative or other expenses of my estate as income tax
or estate tax deductions, without regard to whether they were paid from principal or
income, and to value my estate for tax purposes by any optional method permitted by the
law in force when I die, without requiring adjustments between income and principal for any
resulting effect on income or estate taxes;
J . To allocate any property received or charge incurred to principal or
income or partly to each, without regard to any law defining principal and income;
K. To make and hold investments in the name of a nominee; and
L. To distribute in cash or in kind and to allocate specific assets among
the beneficiaries (including any trust hereunder) in such proportions as my Executor may
think best, so long as the total market value of any beneficiary's share is not affected by
such allocation.
NINTH: I nominate, constitute and appoint my daughter RAYNA WANDA SMITH
my Executor hereunder. Should my said daughter for any reason fail to qualify or, having
qualified, be unable to continue to serve as such Executor, I then nominate, constitute and
appoint my daughter HOllY ANN HASSELMAN as my Successor Executor hereunder.
I nominate, constitute and appoint my son-in-law JOHN MICHAlAKIS the Trustee
of any trusts created herein. My Trustee may for any reason resign as Trustee and appoint
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an individual or a bank or trust company organized under the laws of any state or of the
United States to serve in his place and stead provided, however, that no corporate fiduciary
which is a "related or subordinate party" as defined in Section 672(c) of the Internal
Revenue Code or any successor section of that Code with respect to any of my
beneficiaries hereunder shall be substituted as a Successor Trustee. Each appointment
of a Successor Trustee shall be evidenced by a writing and until the accounts of any
Trustee which is removed are settled and such Trustee is discharged, it shall continue to
have all the powers, duties, immunities and discretions granted hereunder and by law and
such Trustee shall be entitled to reimbursement from the trust fund for all reasonable and
necessary expenses incurred in connection with the settlement of such Trustee's accounts
and the transfer and delivery of the trust assets to the successor. Any corporate Trustee
shall receive compensation in accordance with its standard schedule of fees in effect from
time to time over the period during which its services are rendered.
I direct that no fiduciary acting hereunder shall be required to post bond or enter
security in any jurisdiction in which such fiduciary may act.
It is my desire that there be no public or judicial accounting of the administration of
my estate or the trusts established under this Will but nothing herein shall preclude my
Executor, Trustee or any beneficiaries hereof from seeking a judicial accounting of any
such administration. The written approval by all the then living adult beneficiaries of this
Will of any matter relating to or arising in the course of the administration of my estate,
whether the same relates to an accounting or action taken or omitted or proposed to be
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taken or omitted by my Executor or Trustee, shall be binding upon all beneficiaries hereof,
whether vested or contingent and whether of full age or minors.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will
and Testament, this::<t day of ---J () / y
SIGNED, SEALED, PUBLISHED and
DECLARED, by the above-named
Testator, RAY ARTHUR SMITH, as
and for his Last Will and Testament
in the presence of us, who, at his
request, in his presence and in the
presence of each other have hereunto
subscribed our names as witnesses:
,2002.
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RAY RTHUR SMIT
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA)
) 55:
COUNTY OF LEHIGH )
I, RAY ARTHUR SMITH, having been duly qualified according to law, acknowledge
that I signed the foregoing instrument as my Will, and that I signed it as my free and
voluntary act for the purposes therein expressed.
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RA:- RTHUR SMITH n
We, -1 u~ It, H~--; <p and ,S/;r/ii'O/j /JJJLt<! ' having
been duly qualified according to law, depose and say that we were present and saw RAY
ARTHUR SMITH sign the foregoing instrument as his Will; that he signed it as his free and
voluntary act for the purposes therein expressed; that each of us in his sight and hearing
and at his request signed the Will as witnesses; and that to the best of our knowledge he
was at the time 18 or more years of age, of sound mind and under no constraint or undue
influence.
Subscribed, sworn to or affirmed,
and acknowledged before me by the
above-named Testator and by the
witnesses whose names appear opposite
on )r_<-L'-'6 AU , 2002,
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Notary Public 1
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NOTARIAL SEAL .. $
REBECCA S. ROBERTSON, Notary Public"
South Whitehafl Twp., Lehigh County
My Commission Expires July 5. 2005
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