HomeMy WebLinkAbout05-18-06
Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of M d,lf A /in., &,,"- No. ll- u~ . (;<12 g
also known' as a ( To:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
, Dece;Jsed.
Social Security No. ,2t:P~.- .;2 p- Y d' 32
The petition of the undersigned respectfully represents that:
Your petitioner( s), who is/are I? years ot-age or older, and the execute r named in the last will of the
above decedent, dated S ~~.e' ~ ~~ r ;2LJ , 20 00
and codicil( s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in & ~ j; t!?r k .a L County,
J'ennsylvania, with h~!ast family ~ J'ril!c,ipyl reIDde,nce at ~ // ~ /J
276Jy ~// .)-('~qd ~r-r24~~~ 7/7
(list street, number and municipality)
Decedent, then ttl years of age, died 'Jd4a-d~//, 20.&~ ,atk:s- /d i/;/h2,,(P /JI~/?/t!.>'/R/'[ '7,,4
Except as follows, decedent did not marry, was not vorced and did not have a child bomC6r 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 dom.iciled 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:
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$
$
$
$
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WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)presenteq_..
herewith and the grant of letters , . _,
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thereon.
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(testamentary; administration c.t.a.; administratibn d.b.n{~a.)
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Residence(s) OfPetitiOner(~ m
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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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Fee for this certificate, $6.00
p
JAN 1 4 2006
Date
c21-0LP -oy:2.~
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TYPEJPRIfT II
PalMAHEHT
BUCK ilK
L IWno 01 Oec-'<< (Frst. rriddIt. IIsl)
COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · VITAL RECORDS
CERTIFICATE OF DEATH
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en
Mary
5. ~ (US! birthday)
Ann
Engle
7, 01'.01 Birth Moflth. da . oar
11
70
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( $pooT)ol
lib CounIy 01 0.11>
Cumberland
White
u, Marlat Slatus: Married. N.... ....rried. 15. SurvMng 5pouM (11.... ~....iden no...)
W'Ilowtd. ONoleed (~
Box 44, 2708 Mill Road
Grantham. PA 17027
17b. County
Cumberland
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Grace Kreider
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Mr. Nevin E. Engle
Box 44. 2708 Mill Road, Grantham, PA 17027
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(See Instructions and examples on reverse)
17055
Last Will and T estalllent
OF
MARY ANN ENGLE
-:J
11
I, MARY ANN ENGLE, of Upper Allen Township, Cumberland COlHity,
Pennsylvania, being of sound mind and disposing memory, though I realize the
uncertainty of this life, I have full confidence and trust in my Lord and Savior, Jesus
Christ, in His death on the cross for my sins and in His shed blood as an Atonement for
my Soul; and I know by faith that because of His sacrifice on the cross for me I have
eternal life, do hereby make, publish and declare this to be my Last Will and
Testament, revoking any and all previous Wills and Codicils, and hereby will and
dispose of all the property which I own at my death in the following manner:
ITEM I: I direct that all inheritance and estate taxes
becoming due by reason of my death, whether payable by my estate or by any recipient
of any property, shall be paid by the Executor out of the residue of my estate, as an
expense and cost of administration of my estate. The Executor shall have no duty or
obligation to obtain reimbursement for any such tax so paid, even though on proceeds
of insurance or other property not passing under this Will.
ITEM II: I direct the Executor to pay the expenses of
my last illness and funeral expenses from the residue of my estate as an expense and
cost of administration of my estate.
Page 1
7?? tl-/
ITEM III: I specifically decline to exercise the Power
of Appointment contained in the Last Will and Testament of my husband, NEVIN E.
ENGLE.
ITEM IV: If I die before my husband, NEVIN E.
ENGLE, I give to him all of my household furniture and furnishings, books, pictures,
coins, jewelry, silverware, automobiles, wearing apparel and all other articles of
household or personal use or adornment and all policies of insurance thereon. If I do
not die before my husband, I may leave a written list in my safe deposit box or
elsewhere disposing of certain items of my tangible personal property. The Executor
shall dispose of items of my personal property as specified in the written list. If no
written list is found in my safe deposit box or elsewhere and properly identified by the
Executor within thirty (30) days after the probate of my Will, it shall be presumed that
there is no other statement or list. Any subsequent discovered list shall be ignored. I
give to my children living at the time of my death any tangible personal property not set
forth in a written list, to be divided among them as they shall agree. In the event of
irreconcilable disagreement among my children, they shall take alternative turns
selecting individual items with my oldest child making the first selection. Any items not
so selected shall be sold and the proceeds shall pass as a part of the residuary estate.
ITEM V: I give the residue of my estate, not disposed
of in the preceding portions of this Will, to my husband, NEVIN E. ENGLE, and my
son, PHILIP N. ENGLE, as Trustees (hereinafter referred to as "Trustee"), IN TRUST,
to be divided into two parts, each of which shall constitute separate trust funds to be
known as "Trust A" and "Trust B".
"Trust A": "Trust A" shall consist of a fraction of
my residuary estate. The numerator shall be a sum equal to the largest
Page 2
/??~---
amount that can pass free of Federal estate tax under my Will by reason
of the applicable credit and the state death tax credit (provided that the
use of this credit does not require an increase in state death taxes)
allowable to my estate but no other credit and after taking account of
dispositions under other items of this Will and property passing outside of
this Will which do not qualify for the marital or charitable deduction and
after taking account of charges to principal that are not allowed as
deductions in computing my Federal estate tax. The denominator shall
be the value of my residuary estate. For purposes of establishing this
fraction, the values finally fixed in the Federal estate tax proceeding
relating to my estate shall be used. I recognize that the numerator of this
fraction may be zero (0), in which case no property shall pass to "Trust A".
I also recognize that the numerator may be affected by the action of the
Executor in exercising certain tax elections.
"Trust B": "Trust B" shall consist of the balance
of my residuary estate not placed in "Trust A".
ITEM VI:
The following provisions shall apply to
"Trust A":
(a) The Trustee shall pay to or for the benefit of my husband,
NEVIN E. ENGLE, all of the net income of this Trust in convenient
installments, but not less frequently than annually.
(b) The Trustee shall also pay to my husband, as much of the
principal of this Trust as may be necessary in the sole discretion of the
Page 3
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Trustee for the proper support, maintenance and medical care of my
husband.
(c) Upon the death of my husband, the Trustee shall pay over
all of the remaining assets, to one or all, or less than all of my issue, in the
amounts, and in the estates, in trust or otherwise, as my husband may
direct, making specific reference to this Power of Appointment, either by
written instrument filed with the Trustee during his lifetime or by his
Will.
In no event may this Power of Appointment be exercised in
favor of my husband, his estate or creditors of either.
(d) If this Power of Appointment is not exercised by my
husband, in whole or in part during his lifetime, or in his Will, then upon
the death of my husband, the Trustee shall divide the unappointed
principal into as many equal parts as there are then living children of
mine and then deceased children of mine represented by then living
issue. The Trustee shall distribute one share to each living child, and
shall hold one share as a separate Trust for the benefit of the issue of each
deceased child, per stirpes.
(e) In each Trust established for the benefit of the issue of a
deceased child of mine, the Trustee shall quarterly pay the net income to
or for the benefit of the issue of my deceased child, per stirpes, living at
each time of quarterly distribution. As soon as any issue of my deceased
child attains the age of twenty-one (21) years, and in no event later than
twenty (20) years following the death of my husband, the Trustee shall
Page 4
7/l p~-
"Trust B":
Page 5
distribute the remaining principal to the then living issue of my deceased
child, per stirpes.
(f) If, before final distribution of the assets of any Trust
established for issue of a deceased child, there is no living beneficiary of
that Trust, it shall terminate. The principal of the Trust shall be
distributed to my then living children and then living issue of deceased
children, per stirpes. The share of any beneficiary who has not attained
the age of twenty-one (21) years at the time of distribution shall be held by
the Trustee, as Custodian for the beneficiary under the Pennsylvania
Uniform Transfers to Minors Act.
ITEM VII:
The following provisions shall apply to
(a) Trustee shall, beginning at my death, pay over the net
income in convenient, at least quarterly, installments to my husband,
NEVIN E. ENGLE, during his lifetime. The Trustee shall also, from time
to time, pay to my husband so much of the principal of this Trust as the
Trustee deems necessary for the proper support, maintenance and
medical care of my husband.
(b) Upon the death of my husband, the Trustee shall pay all
accrued income and all income accumulated but undistributed to the
estate of my deceased husband. The Trustee shall thereafter transfer the
principal of this Trust to "Trust A" to be held, administered and
distributed in accordance with the provisions of ITEM VI of this Will.
Yll~
Page 6
(c) If my husband should not survive me, the provisions of
"Trust B" shall be void. The part of my estate which would have
constituted "Trust B" shall be added to "Trust A" to be disposed of in
accordance with ITEM VI of this Will.
(d) The Executor is authorized in the Executor's exclusive and
unrestricted discretion to determine whether to elect (under Section
2056(b) (7) of the Internal Revenue Code of 1986 as amended, or any
corresponding provision of the Federal estate law), to qualify all, none or a
fraction of "Trust B" for the Federal estate tax marital deduction. The
Executor's decision with respect to this election shall be binding upon all
persons. Only property which is fully eligible for the marital deduction
under Federal estate tax law shall be assigned to this Trust.
Notwithstanding anything to the contrary contained in this Will, the
Trustee shall not retain or invest in any property which is or becomes
unproductive. Notwithstanding the provisions of subparagraph (b) of this
Item, the Trustee shall promptly pay to the Executor of my husband's
estate, out of the principal of this Trust upon the death of my husband, an
amount equal to the estate, inheritance, transfer, succession and other
death taxes ("death taxes"), Federal, state and other, payable by reason of
the inclusion of the value of Trust property in my husband's's estate. This
payment shall equal the amount by which (1) the total of the death taxes
paid by my husband's estate exceeds (2) the total of the death taxes which
would have been payable if the value of the Trust property had not been
included in his estate. My husband's Executor shall determine the
amount payable, and the determination shall be final. The determination
of the amount due shall be based upon values as finally determined for
Federal estate tax purposes in my husband's estate. Mter payment of the
'7'/?~
amount determined to be due hereunder, the Trustee shall be discharged
from any further liability with respect to payment. My husband may waive
his estate's right to payment under this subparagraph by Will, executed
after my death, in which he specifically refers to this right.
ITEM VIII: No part of the income or principal of any
Trust created by this Will shall be subject to attachment, levy or seizure by any creditor,
spouse, assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or
her actual receipt of income or principal distributed. The Trustee shall pay the net
income and the principal to the beneficiaries specified by me, as their interests may
appear, without regard to any attempted anticipation, pledging or assignment, and
without regard to any claim or attempted levy, attachment, seizure or other process
against the beneficiary.
ITEM IX: The Executor and the Trustee shall each
possess the following powers, each of which may be exercised in a fiduciary capacity
only:
(a) To retain any investments I have at my death, including
specifically those consisting of stock of any bank even if I have named that
bank as the Executor or Trustee.
(b) To vary investments, and to invest in bonds, stocks, notes,
real estate mortgages or other securities or in other property, real or
personal, without being restricted to so-called "legal investments", and
without being limited by any statute or rule of law regarding investments
by fiduciaries.
Page 7
YIl ~,-.
(c) In order to divide the principal of a Trust or for any other
purpose, including final distributions, the Executor and Trustee are
authorized to divide and distribute personal property and real property,
partly or wholly in kind, and to allocate specific assets among beneficiaries
and Trusts so long as the total market value of each share is not affected
by the division, distribution or allocation in kind. The Executor and
Trustee are each authorized to make, join in and consummate partitions
of lands, voluntarily or involuntarily, including giving of mutual deeds, or
other obligations, with as wide powers as an individual owner in fee
simple.
(d) To sell either at public or private sale real and personal
property severally or in conjunction with other persons, and to
consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be obligated
to see to the application of the purchase money or to make inquiry into
the validity of any sale(s). The Executor and Trustee are authorized to
execute, acknowledge and deliver deeds, assignments, options or other
writings as necessary or convenient to any of the power conferred upon
the Executor and Trustee.
(e) To mortgage real estate, and to make leases of real estate.
(f) To borrow money from any person, including the Executor
or Trustee, to pay indebtedness of mine or of my estate, expenses of
administration or inheritance, legacy, estate and other taxes, and to assign
and pledge assets of my estate or any Trust established by this Will. This
paragraph shall not be construed to authorize borrowing from "Trust B".
Page 8
yJJs;:-
Page 9
(g) To pay all costs, taxes, expenses and charges in connection
with the administration of my estate or any Trust established under this
Will. If any death taxes are payable with respect to my estate, these taxes
shall be paid from "Trust A".
(h) To make distributions of income and of principal to the
proper beneficiaries, during the administration of my estate, with or
without court order, in such manner and in such amounts as the
Executor deems prudent and appropriate.
(i) To vote shares of stock which form a part of my estate or any
Trust established under this Will, and to exercise all the powers incident
to the ownership of stock.
G) To unite with other owners of property similar to property in
my estate to carry out plans for the reorganization of any company whose
securities form a part of my estate.
(k) To disclaim any interest in property which would devolve to
me or my estate by whatever means, including but not limited to the
following means: as beneficiary under a will, as an appointee under the
exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
0) To prepare, execute and file tax returns of any type required
by applicable law, and to make all tax elections authorized by law.
Y7J~,
(m) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor or Trustee deems
appropriate, and to compensate these persons from assets of my estate or
trust, without affecting the compensation to which the Executor and
Trustee are entitled.
(n) To divide any Trust created in this Will into two or more
separate Trusts so that inclusion ratio for purposes of the generation-
skipping transfer tax shall be either zero or one, in order that an election
under Section 2652(a)(3) of the Internal Revenue Code may be made
with respect to one of the separate Trusts, or for any other reason.
(0) To do all other acts in their judgment necessary or desirable
for the proper and advantageous management, investment and
distribution of the estate and Trusts established under this Will.
ITEM X: The Trustee is authorized to distribute
principal and/or income in anyone or more of the following ways if the Trustee, in the
sole discretion of the Trustee, considers the beneficiary unable to apply distributions to
the beneficiary's own best interests, or if the beneficiary is under a legal disability:
(a) Directly to the beneficiary;
(b) To the Trustee, or to another person selected by the
Trustee, as custodian under the Pennsylvania Uniform Transfers to
Minors Act as to a beneficiary under the age of twenty-one (21) years;
Page 10
'71l~~
(c) To a relative of the beneficiary, to be expended by that
relative for the benefit of the beneficiary; or
(d) By directly applying distributions for the benefit of the
beneficiary.
This power shall not apply to any trust which has qualified for the marital deduction in
my estate.
ITEM XI: Should my husband, NEVIN E. ENGLE, by
Will or Agreement of Trust, establish Trusts similar to the Trusts I have established for
the benefit of my issue, the Trustee of each Trust created in this Will shall have the
right to merge it with the similar Trust created by my husband for the same
beneficiaries. If merged, the Trustee shall operate the merged Trusts as a single Trust.
ITEM XII: If my husband and I die under
circumstances that it is impossible to determine who survived, it shall be conclusively
presumed that my husband survived me. Except for my spouse, any person who has
died within thirty (30) days of my death, or under such circumstances that the order of
our deaths cannot be established by proof, shall be deemed to have predeceased me.
Any person (other than myself or my spouse) who has died at the same time as any
beneficiary under this Will, or in a common disaster with that beneficiary, or under
such circumstances that the order of deaths cannot be established by proof, shall be
deemed to have predeceased that beneficiary.
ITEM XIII: I appoint my husband, NEVIN E. ENGLE,
to be the Executor and Co-Trustee with my son, PHILIP N. ENGLE. In the event of
Page 11
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my husband's death, inability or refusal of my said husband to serve as Executor, I
appoint my son, PHILIP N. ENGLE, to serve as Executor. I appoint my son-in-law,
TODD F. LEHMAN, as alternate Co-Trustee to serve with my appointed Co-Trustee
in the event that either said Co-Trustee shall, for any reason, fail or refuse to act as
Co-Trustee at any time. The Executor and Co-Trustees are specifically relieved from
the obligation of filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my Last
Will and Testament, consisting of this and the preceding eleven (11) pages, at the end
of each page of which I have also set my initials for greater security and better
identification this ~1i1? day of $~~~ 2000.
~ t2~ ~~
MARY N ENGLE
(SEAL)
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testatrix as and for her Last Will
and Testament, in the presence of us, who, at her request and in her presence and in
the presence of each other, have hereunto set our hands and seals the day and year
first above written, and we certify that at the time of the execution thereof, the said
Testatrix was of sound and disposing mind and memory.
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. .~ ..... .7_ (SEAL) Residing at ~~. ~ )'- q <
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(SEAL) Residing at
~tt-e(s.PA.
,
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF /Jwt~
)
) SS:
)
I, MARY ANN ENGLE, Testatrix, 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 and Testament;
that I signed it willingly; and that I signed it as my free and voluntary act for the
purposes therein expressed.
.~~ 12~ &d'~ (SEAL)
MARY A ENGLE
Sworn to and s.ubscribed before
m;t/?iS F.~? 7 ~ay of
-' /~hC-. , 2000.
/' -r
/' ,
. ,,);?aZl/tuttl r/;J~Yd
Notary Public (
My Commission Expires:
Notarial Seal
Margaret L. Boyd, Notary Public
Susquehanna Twp., Dauphin County
My Commission Expires June 27, 2004
Member, PennsylVania Association of Notaries
(SEAL)
AFFIDA VIT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF PRc.{/,//;h )
We, Joe (f;.~v#Er?;co and H{)MLc. .). ~&J
, the Witnesses whose nan:e: are signed to the attached or foregoing instrument, being
duly qualified according to law, do depose and say that we were present and saw
Testatrix, MARY ANN ENGLE, sign and execute the instrument as her Last Will and
Testament; that Testatrix signed willingly and that she executed said Will as her free
and voluntary act for the purposes therein expressed; that each of us in the hearing and
sight of the Testatrix signed the Will as Witnesses; and that to the best of our
knowledge the Testatrix was at that time eighteen (18) or more years of age, of sound
mind and under no constraint or undue influence.
~
~ ': - . itn-ess -
~~~
Witness
---.
Sworn to and subscribed before
me this ~7~ay of~rkl-+ttey-
,2000.
,..
My Commission Expires:
Notarial Seal
Margaret L. Boyd, NotarY. PubHr;
SI'Jlnuehanna. Twp., 0auQtUn. CO. unW
My COmmission Expires June 21, 2004
MwftDer,PemsyIvania~
(SEAL)
:226930 _1
DATED:
PERSONAL MEMORANDUM TO IAST WILL AND TESTAMENT
OF MARY ANN ENGLE
PERSON TO RECEIVE ITEM
DESCRIPTION OF ITEM
:226930 _1