HomeMy WebLinkAbout06-09-06
Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
Estateof 41,ce L, Ho)vY\~5 No. .2J-{)W~S'4
also known as To:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsy lvania
,D eceased.
Social Security No. I q 4' - lto - l( -, 'f S-
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 fY'\a~;)..tp ( \ qq q ~.
and codicil(s) dated Arr,' .1r4 doob
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in Lv M..~lC{^&
Pennsylvania, with h_Iast family or principal residence at
5'a -a ~ f{\ ea ~hf1.D~ 0,. (Y\ ec'^.a.,~ ,(,5 ~"'1
(list street, number and municipality)
County ,
Decedent, then 8 J.. years of age, died lY\u.'--( cJ :3 t ' 20 ola , at -1: 00 pm
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:
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:
$ U(\~ ('"\
$ n lA
$ A,,q
$ ~\f\
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters
,..3
(testamentary; administration c.t.a.; a~!Jl~nistration df~:~.c.t.a.)
, . , t
thereon.
Signature(s) of Petitioner(s)
X ~ k~' 1. J.... P /'Lo../.)~
Residence( s) of Petitiortet( s)
t""'-"-
,...\
~ :~~~
. ,--)
.~::. -:
1 J
t
1....D
=- -..,
\ " ~.~ =)
~
,~l. )
. -1
f'>.,)
.
. r'~)l
) .~. ")
,
SHC\WILL~\HOLMESA.WIL
'hnuary 11: 1999
LAST WILL AND TESTAMENT
OF
~.. - ,-:i
ALICE L. HOLMES
,
\...;.)
I, ALICE L. HOLMES, of Camp Hill, Cumberland County, Pennsylvania, being of sound an4
disposing mind, memory and understanding, do hereby make, publish and declare this my Last Will and
Testament, hereby revoking any and all prior Wills and Codicils thereto by me at anytime heretofQre made:'
-)
'-j--~)
r-...:>
1. FAMILY.
1.1 Identification of Family. I declare that I am married to GEORGE C. HOLMES and that
there are three (3) children (as herein defined) of this marriage: LAURENE L. HOLMES,
MARSHEELAH M. PRESTON, and ALLEN K. HOLMES.
1.2 Definition of Family Terms. As used in this Will, the term "my spouse" or "my husband"
shall mean only GEORGE C. HOLMES. As used in this Will, the terms "my child" or
"my children" refers to all my natural children or adopted children. As used in this Will,
the term "issue" refers to all lineal descendants of the indicated person of all generations,
with the relationship of parent and child at each generation determined by the definition of
"children" set forth in this paragraph.
2. PAYMENT OF BIJRIAL EXPENSES AND DEBTS. I authorize my executor to pay all the
expenses of (1) a funeral or memorial service; (2) the interment of my remains, including the costs
of a gravesite, if necessary; and (3) the installation and inscription of a suitable marker at, and
perpetual care of, the gravesite. I further direct my executor to pay all of my debts that my executor
in his or her sole discretion may allow as claims against my estate.
3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY.
3.1
Disposition to Spouse. I give all of my tangible personal property of every kind and
description, including, but not limited to, books, pictures, clothing, articles of household or
personal use or adornment, household furnishings and effects, and automotive vehicles and
their accessories, but excluding any money, evidences of indebtedness, documents of title,
and securities and property used in connection with the operation of any trade or business,
to my spouse.
\
3.2 Alternative Disposition. If my spouse does not survive me by more than sixty (60) days
after the date of my death, and any of the hereinafter named persons survive me, I direct my
executor to divide my tangible personal property into two parts. The first part shall contain
uL~o J::~~
Alice L. Holmes
SHC\WILL~\HOLMESA.WIL
. January Ii, 1999
all items that my executor determines, to be of no present or future value or use my children
or grandchildren named in this Section 3.2. The second part shall contain the balance of the
property. My executor shall dispose of the first part by sale, abandonment, destruction, or
gift to any charity or person. The proceeds of any sale shall be added to my residuary estate.
All property in the second part I give in substantially equal shares to: LAURENE L.
HOLMES, MARSHEELAH M. PRESTON, ALLEN K. HOLMES and EDWARD A.
PRESTON, to be divided among them as they shall agree. If any beneficiary is a minor,
the guardian of the person appointed for that beneficiary must agree to the division. If no
agreement is reached within sixty (60) days after my death, all property in the second part
shall be divided among all the above named beneficiaries in such manner as my executor
shall direct. The decision of my executor shall be conclusive and binding on all persons
interested in my estate.
Any item of personalty passing to a minor under this Section 3.2 may be delivered to the
minor or to any person to hold for the minor, as my Executor thinks advisable, and the
receipt of any such persons, including the minor, shall constitute a full and complete
discharge to my Executor.
4. DISPOSITION OF RESIDIJARY ESTATE.
4.1 Disposition to Spouse. All of the rest, residue and remainder of the property that I own at
the time of my death, both real and personal, and of every kind and description, wherever
situated, to which I may be legally or equitably entitled at the time of my death (my
"residuary estate"), I give outright and absolutely to my spouse, if he survives me.
4.2 In the event my spouse is not living on the sixtieth (60) day after the date of my death, I
leave all the rest, residue and remainder of the property that I own at the time of my death,
both real and personal, and of every kind and description, wherever situate, to which I may
be legally or equitably entitled at the time of my death (my "residuary estate") in equal
shares to: LAURENE L. HOLMES, MARSHEELA M. PRESTON, ALLEN K.
HOLMES and EDWARD A. PRESTON, who survive me, PROVIDED THAT, if either
MARSHEELA M. PRESTON or EDWARD A. PRESTON shall not survive me then
their share shall be divided in equal shares among the above named beneficiaries who
survive me; PROVIDED FURTHER THAT, if any of the other herein named beneficiaries
shall predecease me, then I leave the share of that deceased beneficiaries in equal shares to
their then living issue, per stirpes. If all of the named beneficiaries shall predecease me and
none leave issue who survive me, then I leave the remainder of my estate in equal shares to
KATHY ZIEGLER and TRICIA WISLAND.
5. POWERS OF ADMINISTRATION.
5.1 Grant of Powers. My executor, in the administration of my estate, (my "fiduciaries") shall
have the powers and authorities set forth in this Article 5. These powers and authorities
may be exercised by my executor and trustee in their sole and absolute discretion, without
the permission or order of any court. These powers shall be supplementary to those
Qg~Q.' 0:.?/zt-t:-~
2 Alice L. Holmes
SHe\ WILLS\HOLMESA. WIL
'hnuary 1 i, 1999
conferred by law, including, but not limited to, those set forth in Title 20, Chapter 33, of the
Pennsylvania Consolidated Statutes.
5.2 Retention of Assets. My fiduciaries shall have the power to retain any or all property of
my estate, however received and acquired, for so long as they deem appropriate. This
power may be exercised even though the property may not be of the type authorized by law
for investment, and even though the retention may leave a disproportionately large amount
of the value of my estate invested in one type of property.
5.3 Transfer of Assets. My fiduciaries shall have the power to sell, transfer, and convey any
property, of whatever nature, including real property, and wherever situated, that I may own
at the time of my death, or that may come into my estate or after my death. The sale,
transfer, or conveyance may be by public or private sale, at such time, on such terms and
conditions, including selling price and credit, in such manner, and for any reason that my
fiduciaries deem appropriate, including, but not limited to, the purpose of obtaining net
proceeds to be distributed to my residuary beneficiaries.
5.4 Investment. My fiduciaries shall have the power to invest and reinvest any property in my
estate in preferred and common stocks, bonds, notes, common trust funds (including any
managed by any corporate fiduciary), interests in investments, trusts, mutual funds, leases,
mortgages on property wherever located, and, generally, in any property and in proportions
of property as my fiduciaries deem advisable, even though the investments are not of the
character or proportions authorized by applicable law for the investment of the funds.
5.5 Power to Borrow. My fiduciaries shall have the power to borrow money for any purpose,
for any periods of time, and on any terms and conditions as they deem advisable (including
the power to borrow from any corporate fiduciary), and to pledge, mortgage, or otherwise
encumber any property in my estate to secure repayment of any loan, as well as the power
to renew existing loans either as maker or endorser.
5.6 Power to Hold Property in Nominee Form. My fiduciaries shall have the power to hold
any property in the name of a nominee or in bearer form.
5.7 Distribution in Cash or in Kind. My fiduciaries shall have the power to make
distributions in cash or in kind, or partly in cash, in divided or undivided interests, as
amended, or other applicable law, and to determine which assets shall be sold and which
shall be distributed in kind, without notice to or consent by any beneficiary.
5.8 Distribution to Minors and Persons IJnder Disability. My fiduciaries shall have the
power to make distributions or payments to or for the benefit of any beneficiary who is a
minor, an incompetent, or who in the fiduciaries' judgment is incapacitated. The
distributions or payments shall be made in anyone or more of the following ways: (1)
directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses
of the beneficiary; (3) to the guardian of the person or estate of the beneficiary; (4) to any
custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law
related to gifts to minors, including to my fiduciaries in that capacity; or (6) to any other
person who shall have the care and custody of the person of the beneficiary. There shall be
~/ xffi/J~~
3 Alice L. Holmes
SHe\ WILLS\HOLMESA. WIL
'January 11', 1999
no duty to see to the application of funds so paid, provided due care was exercised in the
selection of the person to whom the funds were paid, and the receipt of the person shall be
full acquittance of the fiduciaries.
5.9 Continuation or Liquidation of Business. My fiduciaries shall have the power to continue
or to permit the continuation of any business, incorporated or unincorporated, in which I
may have any interest at the time of my death for any period of time, or to liquidate the
business on any terms as they deem appropriate. This power includes, but is not limited to
(1) the power to invest additional sums in any business, even to the extent that my estate
may be invested largely or entirely in the business, without liability for any loss resulting
from lack of diversification; (2) the power to act as or to select other persons to act as
directors, officers, or employees of any business, to be compensated without regard to being
a fiduciary under this Will; and (3) the power to make any other arrangements in regard to
any business as my fiduciaries shall deem proper.
5.10 Employment of Agents. My fiduciaries shall have the power to employ and pay the
compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts,
investment counsel, accountants, bookkeepers, or other agents or providers of services as
my fiduciaries deem advisable in the administration of my estate.
5.11 Commissions. My fiduciaries shall have the power to take reasonable commissions on
account at any time during the administration of my estate without the approval of any
beneficiary or of the court, but subject to allowance or disallowance on the settlement of the
final accounts of my fiduciaries.
5.12 Third Party Reliance. No person or corporation dealing with my executor shall be
required to see to the application of any property paid or delivered to my executor, or to
inquire into either the authority of my executor to enter into any transaction or the
expediency or propriety of any transaction entered into by my executor.
5.13 Charitable Donations. In the event that any of my tangible personal property IS
donated to a charitable organization( s) then my fiduciary is instructed to use
the value of said donation( s) as an inheritance tax deduction for any inheritance tax
return which may be required to be filed as a consequence of my death.
6. PAYMENT OF DEATH TAXES.
6.1 Payment of Estate Taxes. I direct that all federal and Pennsylvania estate taxes payable
as a result of taxes assessed on property passing under this Will shall be paid from my
residuary estate as a part of the expenses of the administration of the estate.
6.2 Inheritance Tax. I direct that the Pennsylvania inheritance taxes payable as a result of my
death, limited to taxes assessed on property passing under this Will, shall be paid out of my
residuary estate and shall not be deducted or collected from any beneficiary under this Will
or other transferee.
wz~~~~ x: ~
4 Alice L. Holmes
SHe\ WILP;'\HOLMESA.WIL
"January 12, 1999
7. EXECIJTOR.
7.1 Appointment. I name, constitute, and appoint my spouse, GEORGE C. HOLMES, as
executor of my estate. If my spouse shall not survive me, shall not serve as executor for any
reason, or shall cease to serve as executor for any reason after appointment, ALLEN K.
HOLMES shall act as executor in his place.
7.2 Bond Not Required. None of the individuals named in Section 7.1 shall be required to
furnish a bond for the faithful performance of his duties as executor.
8. PRESIJMPTION IN CASE OF SIMlJI.lTANEOlJS DEATH. For the purposes ofthisWill,
in determining whether a person has survived me or another person, (1) I shall be deemed to have SUIVived
my spouse unless it unmistakably appears by proof that he predeceased me; and (2) in all other cases,
a person shall not be deemed to have survived me or another person ifhe or she dies within sixty (60)
days of my death or of the death of the other person.
9. LIABILITY OF EXECIJTOR. My executor shall not at any time be liable for mistake of law or
of fact, or both law and fact, or errors of judgment, nor for any loss coming to any beneficiary under
this Will, or to any other persons, except through actual fraud or willful misconduct on the
part of the executor or trustee. My executor may, from time to time, consult with counsel with
respect to the meaning, construction, and operation of this Will, particularly with respect to the
appointments, allocations, and disbursements, and may act on the advice of counsel in all matters
without incurring liability on account of his or her actions.
10. INTERPRETATION.
10.1 Will Not Contractual. My spouse and I are executing Wills at approximately the same
time, in which each of us is the primary beneficiary of the Will of the other. These Wills
are not being executed pursuant to any contract to make a Will or any contract not to revoke
a Will. The Will of each of us is revocable at any time, whether before or after the death
of the other spouse, at the sole discretion of the spouse making the Will.
10.2 Successors of Fiduciaries. All pronouns referring to an executor and the term "executor"
shall be construed to mean any person acting as my executor, co-executor, personal
representative, or administrator, as the case may be.
10.3 Number and Gender. If required by the context of this Will, singular language shall be
construed as plural, plural language shall be construed as singular, and the gender of
personal pronouns shall be construed as either masculine, feminine, or neuter.
10.4 Headings. All headings used in this Will to describe the contents of each article, paragraph,
or other division are provided for convenience only and shall not be construed to be a part
of this Will.
5
~~/ x:.~
Alice L. Holmes
sflc\ WILLS\HOLMESA. WIL
'January 12, 1999
10.5 Governing Law. This Will shall be construed in conformity with the law of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of seven (7) typewritten l?~S, the first six (6 of which bear my signature in the
margin for the purpose of identification, this ~ clay of , 1999.
~/ X .W~
ALICE L. HOLMES, TESTATRIX
Signed, sealed, published and declared by the above-named Testatrix, ALICE L. HOLMES, as and
for her Last Will and Testament, in the sight and presence of us, who, at her request, in her sight and
presence and in the sight and presence of each other, have hereunto subscribed our names as witnesses.
4~,/ ~ . Address 1!~h. ~44u
~ y b . ~
.~~ -dt Address ,/~ ~~~~,::~
~L;7/CJ3
6
SHe\ WILI~S\HOLMESA. WIL
january 12, 1999
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
I, ALICE L. HOLMES, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE 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.
SWORN OR AFF~R TO AND A~EDGED BEFORE ME BY ALICE L. HOLMES,
THETESTATRIXTHIS~DAYOF IUj ,1999.
~--P~ eX ~~
~~T~~
NOTARY PUBLIC
~aI Seal
GGi WIIsr~, NOtary Public
~ tHIIIl ~, CulmtJerland County
_ CClmmiIaf_ &pifes May 20, 2002
COMMONWEAL TH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
WE, LAWRENC.e. Kapp AND Gt:..NEVA LEE
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING
DUL Y QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND
SAW THE AFORESAID TEST A TRIX SIGN AND EXECUTE THE INSTRUMENT AS HER LAST WILL
AND TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT SHE EXECUTED IT 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 THE TIME EIGHTEEN (18) OR MORE
YEARS OF AGE, OF SOUND MIND AND UNDER NO CONSTRAINT OR UNDUE INFLUENCE.
( ~WORN OR AFFIRMED TO AND SUBSCRIBED TO BEFORE ME, THIS d (p 'If-DA Y OF
~' 1999.
.p,
Notarial Seal
GiGi Cuttan, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires May 20, 2002
W~Gt ~~
NOTARY PUBLIC
E:\ WPWin\V\J~S\HOlmes.AI!Ce.COdicil.WPd
March 31, 2006
FIRST CODICIL
OF
ALICE L. HOLMES
I, ALICE L. HOLMES, of Hampden Township, Cumberland County, Pennsylvania, being
of sound and disposing mind, memory and understanding, do hereby make, publish and declare this
my First Codicil to my Last Will and Testament dated May 26, 1999.
Paragraph Nine is specifically amended in its entirety as follows:
Paragraph Nine: APPOINTMENT OF EXECUTOR. I nominate and appoint
my daughter, Marsheelah Preston, executrix of this, my Will. Ifmy daughter shall fail to
survive me, shall decline to act, or having qualified shall, for any reason thereafter, cease
to act, I nominate and appoint my son, Allen K. Holmes, as the successor executor in her
place.
IN WITNESS WHEREOF, I have set my hand and seal to this, my First Codicil to my Last
''2 j'Jl / Il
Will and Testament dated May 26, 1999 this ~ day of tt-I P JI~ I I , 2006.
~;;r~~
ALICE L. HOLMES, Testatrix
-:
'.
t~;~'.
!
'I..)
j")
E:\ WpiNi n\ W"1LLS\Holmes .Alice. Codicil.wpd
March 31 , 2006.. ,
Address a)~ \ \~"'W J-r
~,CVi\^i ~ P~nD[1
. (
. ,
E:\ WPWiPl\ Wl'Lt~S\Hol mes.Alice. Codicil.wpd
March 31, 2006
COUNTY OF
)
: SS:
)
COMMONWEALTH OF PENNSYLVANIA
I, ALICE L. HOLMES, THE TESTATRIX, WHOSE NAME IS SIGNED TO THE FOREGOING
INSTRUMENT, HAVING BEEN DULY QUALIFIED ACCORDING TO LAW, DO HEREBY
ACKNOWLEDGE THAT I SIGNED AND EXECUTED THE INSTRUMENT AS THE FIRST CODICIL
TO 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.
SWORN OR AFFIRM,EDlO AND ACKNOWLEDGED BEFORE ME BY ALICE L. HOLMES,
THE TESTATRIX THIS I-;v .. DAY OF v+p vJ , 2006.
~(x~~)
ALICE L. HOLMES, TESTATRIX
~V'()~
NOTARYP . LIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Monica D. Zercher, Notary Public
Camp HiII80ro. Cumberland County
My Commission Expires Feb. 8, 2010
Member, Pennsylvania Association of Notaries
COMMONWEAL TH OF PENNSYLVANIA )
: SS:
COUNTY OF )
WE, ~faJ,~- L _15reY'\.~e"'~~ AND~ ,'m \Y\ U hY'
THE WITNESSES WHOSE NAMES ARE SIGNED TO THE FOREGOING INSTRUMENT, BEING
DULY QUALIFIED ACCORDING TO LAW, DEPOSE AND SAY THAT WE WERE PRESENT AND
SAW THE AFORESAID TESTATRIX SIGN AND EXECUTE THE INSTRUMENT AS THE FIRST
CODICIL TO HER LAST WILL AND TESTAMENT; THAT SHE SIGNED WILLINGLY AND THAT
SHE EXECUTED IT AS HER FREE AND VOLUNTARY ACT FOR THE PURPOSES THEREIN
t:XPRESSED; THAT EACH OF US IN THE HEARING AND SIGHT OF THE TESTATRIX SIGNED
THE CODICIL AS WITNESSES; AND THAT TO THE BEST OF OUR KNOWLEDGE THE TESTATRIX
WAS AT THE TIME EIGHTEEN (18) OR MORE YEARS OF AGE, OF SOUND MIND AND UNDER
NO CONSTRAINT OR UNDUE INFLUENCE.
~ I.- t-,L
~v~rORN OR ~J~ED TO AND SUBSCRIBED~. 0 / HiE .FORE A ME, THIS ' J DAY OF
~y~U/- .__
Witness - -
_!A.~' ~~
~ss I '
Ilb DI-
Notary PuiliC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Monica D. Zercher, Notary Public
Camp Hill 80ro, Cumberland County
My CommiSSIon Expires Feb. 8,2010
Member, Pennsylvania Association of Notaries