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HomeMy WebLinkAbout05-17-06 PETITION FOR PROBATE and GRANT OF LETTERS Estate of also known as Henrietta L. Palmer No. 21-06- 1./22- To: ~'ial Security No. 170-30-3019 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 November 30, 1994 and codicil(s) dated N/A (state relevenat cIrcumstances, e.g. renuncIatIon, death ot executor, etc.) 1st street, num Decedent was domiciled at death in Cumberland the Decedent's last family or principal resIdence at (Carlisle Boron h) Decedent, then 77 years of age, died 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 (I f not domiciled in Pa.) Personal property in County Value of real estate in Pennsylvania situated as follows: 444 North West Street, Carlisle, Pennsylvania May 15, 2006 5,000.00 $ $ $ $ 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 mIl1lstratIon c.t.a.; a thereon. Signatnre(s) of Petitioner(s) Residence(s) of Petitioner(s) 160 East South Street Carlisle, Pennsylvania 17013 262 Horseshoe Road Carlisle, Pennsylvania 17013 . "-'.'l..) '" ~ a "'~ Thomas A. Palmer 'k ~~'~d,l~ Charles E. Palmer f"j - -, -- .... 1 ) , r I -.::-~ j " _~_.,'I -...t ,-.--:... '---1 --~-) 7~'" r,j c'\ OATH OF PERSONAL REPRSENTATIVE CUMMUNWEA1'LH UF P~NNSYLVANIA CULJNTY UF CLJMH~KLANU The petitioner(s) above-named swear(s) or athrm(s) that the statement in the toregoing peition are true and correct to the best ot the knowledge and beliet ot petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. S worn to or attirmed and subscribed before me thIS \ 1')- \~~ day ot ~~~~~~^~,~~U~~ J eglster II1JL_~ ~ ~ "homas A. almer 1> ~ft:~ ~/-- Char es . a mer No. DJ --OlP - ()Y22 Estate of Henrietta L. Palmer Deceased DECREE O~' PROBKl'E AND GRANrl' O~' LErl,rl'ERS AND NOW \'\\o.~ \ \ , 20~in consideration of the petition on the reverse sIde hereof, satisfactory pr t havIng been presented betore me, 11 IS lJECRt:J::~~lJ that the Instrument(s) dated November 30, 1994 , described therein be admitted to probated hIed of record as the last wIll ot Henrietta L. Palmer ; and Letters are hereby granted to 'l'homas A. Palmer Charles E. Palmer FIl ed \\'0"'1 \ \ FEES $ ()( t,C c ()() $ i '5 .00 $ $ $ $ $ 'Ibtal_ $ , 2U D.o Kobert li-. ~'rey, 46397 Al"l'ORNEY (Sup. Ct. 1.lJ. No.) 5 South Hanover Street Carlisle, Pennsylvania 17U13 AUUK~SS Probate, Letters, Etc. Will Renunciation Short Certihcates (JJ JCP Automation Fee Hond ~ .OCJ \D 'CO S . <.)~ ~~ 0("") (717) 243-5M3M PHONE ......-.... I ( -'1 --.J r'0 C"'l I'~) Register of Wills of Cumberland County OATH OF NON-SUBSCRIBING WITNESS Estate of H {V\ r~ ~ M- ~ L '\ ~ o..r\ '^" Q.) No. 2/ - dc' - (-IcJ- d- Also known as , Deceased Ku\'.u-t Cr. ~ r-e7 (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that h"t \ ~ familiar with the signature of --.B e.. "^" (' ~ ~ \'tc-. L. f "-.1\ ~.r , testat~ of (one of the subscribing witnesses to) the ~il/will presented herewith and that k believelbelieves the signature on the codicil/will is in the handwriting of \4e V'\ ,: <....\tc-.. L. P,,\ vv-....v to the best of knowledge and belief. Sworn to or affirmed and subscribed Before me this \ -"ft\......- day of ~t ,20~ \ l 013 ( ~<2.-~oA~55:N:~.tJ~ Register "- ~ ~ ~-t.. Deputy (Name) \-- N (Address) Register of Wills of Cumberland County OATH OF NON-SUBSCRIBING WITNESS Estate of H ~ V"'.r~, \-\'~ L, (( ~ \ vY'\.~ No. L I - 0 C. - L(cJ ::L- Also known as , Deceased s ~o.So Y'"\ :s-, Jj( V 0 ~ ~~d M""" I (< W.ur (each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that """- 'f W.<t familiar with the signature of (2... Q \, <<.f't- Y'V\. t: ('~ 7 ' ttllstat-2.. gf (one of the subs~ribing witnesses to) the eodidllwill presented herewith and that ~ believelbelieves the signature on the ~/will is in the handwriting of (l\:) "" v-t Vv\ . \-f''l' 7 to the best of knowledge and belief. Sworn to or affirmed and subscribed Before me this \ ~ ' day of \'t 'cu'0 ' 20 L~ _~~J4/1 9;:)dfJ (Name) <S,^ o-J' C 7'\ =s ' lJ,~ VoS 5' ~o u~ \\V.J/\o\f<JJ" S\', (Address) ( o-.r- \~ s \~ ~ {.\- \ 161~ I ,-', ~~ ~ L- ::...\.Ua Q....wui\ \ \-- Register a:;,~ty ~ . ~'t (.~,~ I'll QuA 7'. j ~1'" ~~ ' ,J1 (Name) ~t4'J (, W'1L4~. c::;- ~cu~ k~,^b j~j' ~r. (Address) (~L' ~ \ ~ ~ A- l 70 J 3 I OJ (",' .. .... LAST WILL AND TESTAMENT OF HENRIETTA L. PALMER . I, HENRIETTA L. PALMER, widow, of 444 North West Street in the Borough of CarlIsle, C~mberland 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 Executors to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so and I further direct that all inheritance, transfer, succession, estate and death taxes which may be payable on account of my death shall be paid out of the residue ~f my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. I further direct that my funeral services be conducted by Ewing Brothers Funeral Home, 630 South Hanover Street, Carlisle, Pennsylvania, -~ and that my body be interred on my burial lot in Union Cemetery, Carlisle, Pennsylvani~, beside., the grave of my husband, William H. Palmer. - 2. I give, devise and bequeath my house and lot of ground, but not including the~~; household goods and furnishings therein, to my hereinafter named Executors in trust, to reIlt the same on reasonable terms with preference given to any of my children and grandchildrenwhQq ~ may desire to rent the same, and to use such rents to pay the taxes, carry fire and extendect-~. insurance coverage and keep the propeity in a reasonable state of repair, and any excess-income.:'., shall be distributed as my Executors shall determine in equal shares to such of my children as arec\ living at the time such distribution is made, but should any of my hereinafter named ten (10) children be not then living the share such deceased child would have received shall be divided equally among my then surviving children. At such time as my Executors and Trustees shall determine to no longer retain said dwelling house, the same shall be sold by them on whatever terms they deem appropriate and the net proceeds of such sale divided equally among such of my hereinafter named ten (10) children who are living at the time such sale is made. j-":1 I - -) ; 1 3. I give and bequeath to my two daughters, Dorothy May Grimes and Annette P. Buchanan, all of illY je\velry to be divided bet'Vveen then1 as they rnay agree lli"1d if they fail to agree than as my Executor or Executors shall deem fair and reasonable. 4. All of the rest, residue and remainder of my estate, reall, personal and' mixed, and wheresoever the same may be situate, I give, devise and bequeath in equal sh~es to such of my following named children, their heirs and assigns, who shall survive me by a period of ninety (90) days, they being Margaret Ann Palmer, Brenda Jean Palmer, Janet Marie Palmer, Dorothy May Grimes, Annette P. Buchanan, Gwendolyn Fay Palmer, Kenneth W. Palmer, Wayne E. Palmer, Thomas A. Palmer, Charles E. Palmer. 5. I direct that any and all property or distribution which may be payable or distributable to my daughter, Janet Marie Palmer, shall be paid or retained by my Executors and Trustees as Guardian of her estate and in trust for her benefit, to pay the income arising therefrom together with so much of the principal thereof as in the opinion of such Guardians or Trustees is necessary or desirable or reasonable to be expended for her proper maintenance, care, support and should any amount be remaining at the time of her death to apply the same to her reasonable funeral expenses and any amount in excess of that to pay to her two children who are Andre Palmer and Vanessa Palmer, formerly sometimes known as Vanessa Dix, provided each of them shall survive her but if either of them shall fail to survive her then the same shall be paid to that child surviving and if neither child survives her then the same shall be paid to such of my other children who are living at the time of death of my daughter, Janet Marie Palmer. 6. I hereby nominate, constitute and appoint my sons, Thomas A. Palmer and Charles E. Palmer, and the survivor of them, as Executors of this my Last Will and Testament and as Trustees of the trust hereinbefore established in paragraph No.2 above, 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. 7. My hereinbefore named Executors and Trustees, in addition to the power conferred by law, are authorized and 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 jurisdiction. Page 1 of 2 Pages ~ -;t: ;Jtt~ 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. 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. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. 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 trJst, to rna..1ce 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. To register any shares of stock or other assets of any trust in their own names or in the name of a nominee. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on two (2) pages, this 30th day of November, 1994. :&u' '. A ~7f&h~# Henrietta L. Palmer (SEAL) Signed, sealed, published and declared by HENRIETTA L. PALMER, 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. t?~~-- 4 _ -;h~ ~~~fdi Page 2 of 2 Pages