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HomeMy WebLinkAbout07-07-06 BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA EST ATE OF CHARLES B. GARDNER, DECEASED NO 21-2006-0596 DECREE OF THE REGISTER OF WILLS AND NOW, this 6th day of July, 2006, upon consideration of the Petition for Grant of Letters filed by Betty A. Gardner for the above decedent and the instruments offered for probate as the Last Will and Testament dated February 1,2000, IT IS DECREED that the instrument be admitted to probate. The Last Will and Testament is admitted as originally written. Any alleged modification or adjustments to the instrument are not accepted into probate. IT IS FURTHER DECREED that Letters Testamentary be granted to Betty A. Gardner as per the Will of Charles B. Gardner, deceased. Glenda Farner Strasbaugh, Register 0 C) . Register of Wills of Cumberland County PETITION FOR PROBATE and GRANT OF LETTERS . ,-, ~~ Estate of CHARLES B. GARDNER No. C2 ~8j).) also known as To: , Deceased Register of Wills for the County of Cumberland in the Commonwealth of Pennsylvania Social Security No. 211-22-6804 The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older, and the execut OR named in the last will of the above decedent, dated FEBRUARY 1 ,20 00 and codicil(s) dated (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 214 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240 (list street, number and municipality) County, Decedent, then !!- years of age, died MAY 10 , 20 ~ at CHAMBERSBURG 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: $ 10,000.00 $ $ $ r.......) WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s}'present~: herewith and the grant of letters TESTAMENTARY -:: ~I ,-; 1 j (testamentary; administration c.t.a.; administratiQll d.b~n;~.t.a.) - _OJ thereon. Signature(s) ofPetitioner(s) .x ~.c:r (1- #c?A~~~ Residence(s) ofPetitioner(s) ". -- 214 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 1724Q, J---1 -:~-) ) . I I ,~ ) . :, ....) .' ..... .' C) . Register of Wills of Cumberland County OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA } 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 ofthe 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. Sworn to or affirmed an<j subscribed Befon(me,this . il' J day of { :\ '.' 0 '6 ,20 ()/;1 '~J ./ I f\ ~ i ') , " , N.Y) ': .;.J" II. '. ,i. i" i.hil~.(.J bn ,,j, I ,j ,(; J! (~ '';\ ---f Register U , ! I.f-/..-t - . j No. >< Y\-diy- il ,jj ~ l' ~/ rn ciQ' ~ III 2" .... ..!!.. tn '-' Estate of CHARLES B. QA RDNFR , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW 2006 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s), dated FEBRUARY 1, 2000 , described therein be admitted to PJJ ate filed of record as ~ last will of CHARLES B. GARDNER ; and Letters are hereby granted to @ :vr;:.vv<.., BETlY A. GARDNER 614. <.P lo.c::L 5. <.A,.) $ 3SCL $ ,L.dD ,~ Renunciation..... ... ... ............ $ Short Certificates ( ).. . .. .. . .. . . $ J CP .. . .. . . .. .. . . .. . .. .. . , .. .. . . .. . . .. $ Automation Fee...... ............. $ Bond... .,.......... ......... ......... $ (\ Total '. $ FiledO_I~ .~ 2<04 FEES Probate, Letters, Etc. ............. Will ........................,........ Attorney (Sup. Ct. I.D. No.) 1 IRVINE ROW CARLISLE, PA 17013 . Address QC1.00 717-249-7780 C) Phone Titj, i~; to certify that the information here given is correctly copied from an original certificate of death duly filed with me as IdcLl 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. No. ....",(~~W'otpl,t----___ "'~~'J',-",,- ~ ~ . ~- !~-' ~\ ~~i ... \~% ~S _.f~~' /~~ ~*~' ~" "*~ ';,a ~" . /~l ~~ /~", "", 'fp ../I.\.\.'<- ", ----.i'MEN1 \\~ """., """''''J'##/l1I1111,I' Fee for this certificate. $6.00 P 1:2540564 \ ~ / itk"Of I~ l' Da e --;!{{J() b i-- ') "- "" ) ;-,. Hl05.1.43 Rev. 011Q6 TYPElPRINT IN PERMANENT BLACK INK 1 Nameo! COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH . VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER' n 11 :3 Social Security Nurrtler 211 - 22 214 Three Square Hollow Rd. Newburg, PA 17240 Pennsylvania Other ~ ERIOut alieni 0 DOA 0 Nuts.... Home 0 Residence 0 DIner - ci 9. ~sN~ec~n~~~ ~~::s~~~:6uban, 10. (~:~~r:an Indian. Black, WMe. ele Mexican, PUer!oAr.:an,elc,) W i 14 Marital Status: Marfied, Ne~el malTied. 15. Survivirl Spouse (II wife, give maiden name) Widowed, Divolced (Specil)1 Bett A. Gabler 17e.Xl Yes, Decedenl Lived in Hopewell Township Twp Did Decedent Liveina Townsh~" 77 v" Bb. County ot Dealh 1 ~ 16 17b_ County Cumberland 17d.O No. Decedent Lwedwithin kh.aal limits of Cily/Boro 18 Father's Name (Firs!, niddle, Ias!) 19_ Molller's Name (First, nW:ldle, maiden surname) Br ce S. Gardner 2Oa. Inlormanl's Name (lypelprinl) o w en :::> en <( => <( Gardner o RerrovaltromSlale o Donation 21d. location ( ilyl1own,slale,2~eode) Lurgan Township Franklin Count PA FD 012984-L 51 of my knowledge, dealll occurred altlle lime, date and place slated. (Signature and tille) er-Bricker Funeral lbne Inc. P.O. 23b_ license Nuniler 26_ Was Case Referfed 10 a Medea! ExaminerlCoroner? CAUSE OF DEATH (See Instl'\lCtlons and exam,*,) lIem 27. Parl!: Enter lhe ~ - diseases, in~ries, or cofll)lications -Ihat directly caused the death. DO NOT enler terminal events such as cardiac arresl, respiratory arresl, or venlreular fibrillalion without showing lhe etiology_ DO NOT abbreviate. Enter only one cause on a tine IMM~IATE C~U~E (Final disease or r. ( I ~ ,N'l, r ....i l IJ I 1..' condillOnresulllnglndeath) ---7 a_ ""\. V\1C .'1 .,),\."v'. c..()(. ''''\.''~-(:r~-'"'I Due 10 (or as a oonseque e oQ: Approximaleinterval onsel10 dealh DYes W\\",,^~J !\"'~'1') ",1'\\\1) 2 II Female o Nol pregnant within past year o Pregnan1 at lime of dealh o Notpregnanl,bulpregnantwilhin42days oldealh o Nol pregnanl. but pregnant 43 days 10 1 year beloredealh o Unknown W pregnanl wilhin lhe past year 32c. Place 01 Injury: Home, Farm, Slreel, Faclory, Office Building, etc. (Specil)1 Sequentially hslcond~ions, if any, leading 10 the cause lisledon Une a, - Enter Ihe UNDERLYING CAUSE _ {diseaseorinjurytl1alin~ialedlhe evenls resuning in death) LAST. Due 10 (Ol as e consequence oQ: Due to {or asa cOllSequence oQ o Yes ~NO d 3Qb, Were Autopsy Findings Available Priof 10COfll/lelion 01 Cause ot Dealh? DYes ~o 31. MannerolDealh ~Natural 0 HollllClde o Accident 0 Pending Invesligation o Suicide 0 Couk:! Not Be Delellnined 32a. Dale 01 Injury (Monlh, day, year) 32b. Describe how Injury Occurred 3Oa. Was an Aulopsy Performed? 32d Timeoflnjury 32e.lnjuryalWork? DYes 0 No 321 32g. Localion (S1ree1.ciIyl1own,Slalej it:{! ~ "",-,.~,)~) fl.,1' t:. K m M, '1i r (11' ,Si, "'..\ M ;, 338 CertIfier (check only onel Certifying physlci3n (Physician cerlitying cause 01 dealh wilen anolher physician has pronounced death and convteled hem 23) To the besl 01 my knowledge, dealll occurred due to the! cause(s) and manner as staled ..................................................................................................0 Pronouncing and certifying physician (Physic~n bolh pronouncmg dealh and certifying 10 cause of dealh) To the besl of my knowledge, dealh occulTt'd al the time, dale, and place, and doe 10 lhe cause(s) and manner as staled Medical examiner/coroner On lhe basis 01 examination andlor Investigation, In my oplnl 35 -=.,""S;gM\"""d::.:~_~ "" I- Z W o w o w o u. o w '" <( Z 36. Date riled (Monlh.day,year) __~( J_~I~_~~ ~ ./~_~~__ (See instructions an xamples on reverse) ''''I~\:)3D'i''/7 r:;' 33d D'leS''''d~"?I;: ';J b 34 N,lIl111 and Address,of Pen-.on/Who ConlJlcled CaUse 01 DCa1h (Hem 77) lypelPrinl \(n~ )('I"'!J W) {\r<.~_,I,-) 1.),IA1-.OCI[ III ,JA" 5M,,-l S"",) Cl,r,,~!>r) ?\tJ 1120 \ ''''''J< cuned al the time, dat(!, and place, and due lathe caUse(sl and manner as staled ."."..0 " LAST WILL AND TESTAMENT (pour-Over Will) OF CHARLES B. GARDNER IDENTITY -~I-l I, CHARLES B. GARDNER, residing in the County of Cumberland, Commonwe~tth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence ~ any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other former Wills and Codicils to Wills heretofore made by me. My Social Security Number is 211-22-6804. All reference made herein to "spouse or my spouse" refers to the person to whom I am currently married, namely, BETTY A. GARDNER. By the ensuing provisions of this Will, it is my intention to dispose of my interest in our property; I do not intend to dispose of anything belonging to my wife or to put her to any election. I have the following children: CHRISTINE A. VARNER born March 6, 1949 and currently residing in Orrstown, P A 17244; ANTHONY C. GARDNER born August 3, 1953 and currently residing in Newburg, P A 17240; JANE L. BENDER born October 19, 1954 and currently residing in Newburg, P A 17240; BONNIE S. SHEARER born June 29,1958 and currently residing in ~-AE8~612D9~vlll, ('jC1P~I.IY, (.1",;r 0"',.. r , { ~i!I If&-- f6-6j' rc,,-I"~57 e DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE CHARLES B. GARDNER AND BETTY A. GARDNER REVOCABLE LIVING TRUST executed on even date herewith (the "Revocable Trust"), or if my spouse predeceases me, under the Survivor's Trust created by the said Revocable Trust. If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration oflntent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." - POUR-OVER WILLS Page 1 t: y--lt~~/ (T estator/T estatrix) e - . RESIDUE OF EST A TE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint BETTY A. GARDNER as my Independent Executor of this, my Last Will and Testament, to serve without bond. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint CHRISTINE A. VARNER to serve without bond as my Independent Executor. In the event the second named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint ANTHONY C. GARDNER to serve without bond as my Independent Executor. In the event the third named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint JANE L. BENDER to serve without bond as my Independent Executor. In the event the fourth named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint BONNIE S. SHEARER to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS POUR-OVER WILLS Page 2 i! /i{~4-_ (Testator/Testatrix) . e e e By way of Illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any Beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my executor believes has had the effect, directly or indirectly, of preferring one Beneficiary or group of Beneficiaries over others. In determining the Federal Estate and Income Tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my Estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions and shall have the discretion to file a joint income tax return with my spouse. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein. If any person or entity shall challenge any term or condition of this Will, or of the Living Trust to which I have made reference in the sections "Household and Personal Effects" and "Residue of Estate," then, to that person or entity, I give and bequeath the sum of only one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my Estate or the Living Trust and its Estate. SIMULTANEOUS DEATH If my spouse and I should die under circumstances such that the order of our deaths cannot be determined, then it shall be conclusively presumed for the purpose of this Will that my spouse survived me. If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. ~~A%d~ CHARLESB.GARDNER Testator This instrument consists of 5 typewritten pages, including the Attestation Clause, Self-Proving Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the bottom of each POUR-OVER WILLS Page 3 /~~ /,;> .. ~/ (T estator/T estatrix) e e e of th,e preceding pages. This instrument IS being signed by me on this J~ ~~ ' 2Q::O . day of ATTESTATION CLAUSE The Testator whose name appears above declared to us, the undersigned, that the foregoing instrument was his Last Will and Testament, and he requested us to act as witnesses to such instrument and to his signature thereon. The Testator thereupon signed such instrument in our presence. At the Testator's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testator. The undersigned hereby declare, in the presence of each of us, that we believe the Testator to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testator. WITNESSES: ADDRESSES: ,- , -4-~~-t.;X- I U"'''t,,--U ['. /'-1 ~ lr "T ~ "'f5 i-' 0...,- (Printed Name of Witness) ;3 /P lilt-.e--e 5,.~d'B 1t4rA'J/Nil 7b MJtO'al1 ' PI) ) 7 a 'lP _~_a.~~ 4hi ('it /1. AAornU13dll r (Printed Nanle of Witness) s CV1/T{ e... POUR-OVER WILLS Page 4 ~Y/~h/ (T estator/T estatrix) e e e COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF-PROVING CLAUSE BEFORE ME, the undersigned authority, on this day personally appeared CHARLES B. GARDNER, and , known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all ofthem being by me duly sworn, CHARLES B. GARDNER, Testator, declared to me and to the witnesses, in my presence, that the instrument is his Will and that he had willingly made and executed it as his free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testator, that the Testator had declared to them that the instrument is his Will and that he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he did the same as a witness in the presence of the Testator, and at his request and that he was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. ~ff-4~ CHARLES B. GARDNER Testator AL~P~ Q, 'l}~u/v1~-f Witness .,-~ c) hi rI.() ) //-. Al~r-Jtl i Y71 <'fA r- (Printed Name' of Witness) SUBSCRIBED AND ACKNOWLEDGED before me by CHARLES B. GARDNER, Testator, and subscribed and sworn to b~re me by. and witnesses, this the J . ~ day of ~(l)~1 ' ~. <::::::- Notary Pub IC, <- --....----. JEFFHEY D. JONES Comrnls;:.ioner of Deeds Common'No;':'I, of Pennsylvania My Comrrl";:>IOIi iI/pi",<.'; Nov 17, 2003 POUR-OVER WILLS Page 5 t!~~L (Testator estatrix)