HomeMy WebLinkAbout05-02-06
Register of Wills of Cumberland County
Estate of JAMES THOMAS BAUGHMAN
also known as N/A
PETITION FOR PROBATE and GRANT OF LET1ERS
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No.
To:
, Deceased
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
Social Security No, 173-34-4589
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 June 1 ,20 1990
and codicil(s) dated nla
(state relevant circumstances, e.g, renunciation, death of executor, etc.)
Decedent was domiciled at death in Cumberland
Pennsylvania, with h~ last family or principal residence at
104 Maple Drive, Mechancisburg, Silver Spring Township
(list street, number and municipality)
County,
Decedent, then ~ years of age, died April 24 , 20~, at home (see address above)
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:
nla
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: 104 Maple Drive. Mechanicsburg. PA 17050-2752
/ (. t., CC{/-
,
$
$
$
$
135,000
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.
~t:\:t~er(s)
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Residence(s) of Petitioner(s)
52 Honeysuckle Drive, Mechancisburg, PA 17050-3167
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WilLIAM G. BAUGHMAN (10# 32701) t (j
Attorney (Sup. Ct. I.D. No.)
55 S. QUEEN ST.
YORK, PA 17403
Address
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 ofpetitioner(s) and that as personal representative(s) of the above
decedent petitioner(s) will well and truly administer the estate according to law.
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Sworn to or affirm,Xd ar;p subscribed
BffoJj ~e this =/ 11 ( '. (j slay of
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Estate of JAMES THOMAS BAUGHMAN
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, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
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AND NOW '--fI(ajf oP.J 20!!1e., in consideration oftlle petition on the revers~de
hereof, satisfactory pro havmg been presented before me, IT IS DECREED that tht: mstrument(s), dated
June 1, 1990 , described therein be admitted to probate filed (of record as the last will of
JAMES THOMAS BAUGHMAN; and Letters are hereby granted to
BARBARAJ.BAUGHMAN
FEES
Probate, Letters, Etc. ............. $
Will ................................. $
Renunciation....................... $
Short Certificates ( ). .. . . .. . .. . . $
JCP........... .......... ..... ........ $
Automation Fee................... $
Bond............................. .... $
Tptal $
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7178481234
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LAST WILL AND TESTAMENT
OF
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,
JAMES T. BAUGHMAN
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I, JA!-1ES T. BAUGHMAN, of Hechanicsburg, Cumberland Couhty,
Pennsylvania, being of sound and disposing mind, rClemory ancL'
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understanding, do hereby make, publish and declare this aS~8nd'
for my Last Will and Testament, hereby revoking all other Wills
Codicils heretofore made by me.
FIRST
I direct the payment of my just debts and expenses of my
last illness and funeral from my estate as soon after my death as
conveniently may be done.
SECOND
give, devise and bequeath all the rest, residue and
remainder of my estate to BARBARA J. BAUGHMAN, absolutely and in
fee simple if she survives me by thirty (30) days.
THIRD
In the event that BARBARA J. BAUGHMAN fails to survive me by
thirty (30) days, then I give, devise and bequeath all the rest,
residue and remainder of my estate in equal shares unto my
my entire estate together with any other property which may be
added, unto WILLIAM G. BAUGHMAN, IN TRUST, upon the following
terms and conditions:
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(A) To hold, manage, invest and reinvest the principal
so received, and accumulation of income thereon, and to use,
pay and apply the income and principal or so much thereof as
in Trustee's sole discretion may be necessary for the
maintenance, support, medical expenses and education of said
beneficiaries whether the same be born before or after the
signing of these presents.
(B) The payments authorized by this trust shall be
made without any regard to equality of distribution among my
said beneficiaries and without further responsibility to
said beneficiaries or to any person taking care of said
beneficiaries. Said payments may be made by my trustee
}." directly to said beneficiaries, or such of them as my be, in
J
SAIDIS, GUIDO
& MASLAND
26 W. High Street
Carlisle, Pa.
the sole opinion of trustee, of such age and ability to
handle properly the funds so paid, or may be made directly
to the person having custody and care of any of said
beneficiaries, or may be made directly to any institution
entitled to such payment by reason of services rendered or
to be rendered to any of said beneficiaries.
(e) The amount to be paid for the benefit of any of my
beneficiaries shall be determined from time to time by the
need of each beneficiary, and the amounts and times of said
payments shall be determined by such need, provided that
payments be made at least monthly.
(D) All payments of principal and income hereby given
shall be free from anticipation, assignment, pledge or
- 2 -
obligations of beneficiaries, and shall not be subject to
any execution or attachment.
(E) All principal and accumulated income, not so
applied, shall be distributed as follows:
(1) When the oldest beneficiary attains the age
of eighteen (18) years, one-half of the principal and
accumulated income of said trust shall be distributed
to the oldest beneficiary;
(2) When the youngest beneficiary attains the age
of eighteen (18) years he shall receive the balance of
the principal and accumulated income.
FOURTH
I direct that any and all inheritance, estate, and transfer
imposed upon my estate passing under this Will or otherwise
be paid out of the principal of my residuary estate.
FIFTH
In addition to the powers conferred by law, I authorize any
personal representative acting under this instrument, in her
absolute discretion:
SAIDIS, GUIDO
& MASLAND
26 W. High Street
Carlisle. Pa.
A. To retain in the form received, or to sell
either at public or private sale any real or personal
property;
B. To exercise any options to subscribe for
stocks, bonds, or other investments.
c. To join in any plan of lease, mortgage,
consolidation, exchange, reorganization or foreclosure
- 3 -
of any corporation in which my estate or any trust may
hold stocks, bonds or other securities;
D. To sell, transfer, convey, mortgage, pledge,
lease or exchange any property, real or personal, which
at any time may form part of my estate, for the payment
of debts or taxes, or for any purpose of adnlinistration
or distribution, for such prices and upon such terms
as my personal representative, in her sole discretion,
n~y deem wise, and to execute and deliver deeds of
conveyance or transfer thereof;
E. To make settlements and compromises on such
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terms as my personal representative in her sole
discretion may deem wise without the necessity of
obtaining any court approval thereof;
F. To make distribution hereunder either in cash
or kind, as my personal representative in her discretion
may deem wise.
SIXTH
I do hereby nominate, constitute and appoint BARBARA J.
BAUGHMAN, to act as Executrix, of this my Last \1111 and
Testament. Provided, however, that if she is unwilling or unable
SAIDIS, GUIDO
&MASLAND to act as Executrix, I direct the duties of Executor, be
26 W. High Street
Carlisle, Pa. performed by WILLIAM G. BAUGHMAN.
SEVENTH
I direct that no personal representative, guardian, trustee
or other fiduciary appointed under this instrument shall be
- 4 -
SAIDIS, GUIDO
& MASLAND
26 W. High Street
Carlisle, Pa.
required to give bond for the faithful performance of their
duties in any jurisdiction.
IN WITNESS WHEREOF, I, JAMES T. BAUGHMAN, have hereunto set
my hand and seal to this my Last Will and Testament, consisting
of five ( 5 ) typewritten pages, the first four ( 4 ) of which bear
my signature in the margin for identification, this J S1 day of
-:5 tit 1\..L
, 1990.
Signed, sealed, published
above-named
Testator, JAMES T. BAUGHMAN, as and for his Last Will and
Testament in the presence of us, who have hereunto subscribed our
names at his request as witnesses thereto, In the presence of
said Testator and of each other.
~J'U)cd
~t( ~ 0I1MT
/
SAlOIS, GUIDO
& MASLAND
26 W. High Street
Carlisle, Pa.
'.
CO~10NWEALTH OF PENNSYLVANIA:
SS
COUNTY OF CUMBERLAND
We, JAMES T. BAUGHMAN, JOAN E. WILK
and GINA M.
McNALLY , the Testator and witnesses, respectively whose names
are signed to the foregoing or attached instrument, being first
duly sworn, do hereby declare to the undersigned authority that
the Testator signed and executed the instrument as his Last Will
and Testament and that he signed willingly and that he executed
as his free and voluntary act for the purposes therein expressed,
and that each of the witnesses, in the presence and hearing of
the Testator signed the will as witnesses and that to the best of
their knowledge the Testator was at the time 18 or wore years of
age, of sound mind and under no constraint or undue influence.
, Witness
Subscribed, sworn to and acknowledged before me by JAMES T.
BAUGHMAN, the Testator, and subscribed to and sworn or affirmed
to before me by
and
GINA M. McNALLY
JOAN E. WILK
\I,d tnesses, this
1st day of
, 1990.
June
iO~~OQ~ t~G/f7~
Notary Public-
NOTARIM SEAL
MICH::UE L. lAND!S, Notary Public
Carlisle Bora, Cumberland County, Pa,
My Commission Expires April 25, 1994