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HomeMy WebLinkAbout08-15-06 The Petition of the undersigned respectfully represents that: Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Will of the above decedent dated March 26. 1999 , and codicils dated none . The Executor named none died . Renunciations for none attached hereto. PETITION FOR PROBATE & GRANT OF LETTERS No. 21-06- {)7~j To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania Estate of JAMES B. ZIEGLER also known as c?o '3 -;l '-I .. "Ie:; II Social Security No. , deceased. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 93 Eqe Drive. Carlisle. Pennsylvania Decedent, then ...11- years of age, died Auqust 10 , 2006, at Crossinqs Retirement Community. South Middleton Township. Carlisle, Pennsvlvania Cumberland 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: N/ A 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 PA (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania, situated as follows: $80.000.00 $ $ $ WHEREFORE, Petitioners respectfully requests the probate of the Last Will and COdicil(s) presented herewith and the grant of letters testamentary thereon. Signature(s) and Residence(s} of Petitioner(s}: 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 of Petitioner(s) and that as personal representative of the above decedent, petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed r- _~A.) - ~ before me this 15th day of Kent W. Ziegler - August, 2006. . r,~{ ~\'~ Acazte~ ~, l' '.." ,> '. o .;' '- I.. n ,. c, ..:.~ \ /1/\ } ,1 L \,./: h, CVL/'-Ql__ -l . I ~ \ C* l{~~:)1- ~ ,Register: Scott E. Ziegl I J \!.~i).o~ ",kit t,~ Scott E. Ziegler 15076 Stillfield Place CentreYille, VA 20120 Kent W. Ziegler 93 Greenwood Ayen Madison, NJ 07940 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 55 COUNTY OF CUMBERLAND j>-.") " , L'j I :.1 -:-] No. 21-06- Estate of TAMES B. ZIEGLER , deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, Auaust 15. , 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 March 26. 1999 described therein be admitted to probate and filed of record as the Last Will of James B. Ziealer ; and Letters Testamentarv are hereby granted to Kent W. Ziealer and Scott E. Ziegler FEES Probate, Letters, Etc. . . . . . . . $210.00 Short Certificates(-1-) . . . . . . . $ 4.00 Renunciation(s) "...."..... $ JCP . . . . . . . . . . . . . . . . . . . . $ 10.00 Automation Fee... .. .......$ 5.00 Other Will . . . . . .. .... $ 15.00 TOTAL: .... $244.00 Filed........................... . 717 -249-2353 PHONE . . 0(,-, . '/23 WI L L I, JAMES B. ZIEGLER, of 93 Ege Drive, Carlisle, Cumberland County, Pennsylvania, declare this to be my Will and revoke all prior Wills and Codicils. FIRST: Tangible Personal Prooertv. I give all tangible personal property owned by me at my death and all insurance policies on such property as follows: (a) To those individuals who survive me by thirty days who are designated on a list or memorandum signed by me which refers to this Will or is found with a copy thereof, the items listed beside their names; provided that no such list or memorandum shall be valid unless it is received by my Executor within sixty days of my Executor's qualification. (b) The balance (including any item under subparagraph (a) the bequest of which has lapsed) in as nearly equal shares as is practicable to such of my children as survive me by thirty (30) days, per stirpes. (c) With respect to any item passing under subparagraph (a) or (b) to a minor, my Executor (i) may hold and deliver it to the minor at majority or earlier, or deliver it to any person to hold for the minor; or (ii) may sell it, hold and invest the proceeds and, at any time, pay the proceeds to the minor, to the Custodian appointed in this Will or to the guardian of the person or estate of the minor to hold for the minor, or apply the proceeds for the minor's benefit for any reason without considering other funds available to the minor. The receipt of any person who receives an item or payment hereunder shall be a complete discharge to my Executor. (d) My Executor shall pay, as an expense of settling my estate, all costs of delivering such tangible personal property, including the costs of packaging, delivery and insurance. SECOND: Residue. I give the residue of my estate in equal shares to such of my children, SCOTT E. ZIEGLER and KENT W. ZIEGLER, who survive me by ninety (90) days; provided that if any such child fails to so survive me, but is represented by descendants who so survive me, such descendants shall receive, per stirpes, the share such deceased child would have received had he or shetsp survived me. PAGE ONE OF SIX PAGES i ~i " .. investments in the name of the nominee of such agent, broker, bank or trust company. The expenses and charges for such services shall be charged against principal or income or partly against each as my Executor may determine. My Executor is expressly relieved of any liability or responsibility whatsoever for any act or failure to act by, or for following the advice of, such accountants, agents, investment counsel, brokers, bank or trust company, so long as my Executor exercises due care in their selection. The fact that an Executor may be a member, shareholder or employee of any accounting, investment or brokerage firm, agent, or bank or trust company so employed shall not be deemed a conflict of interest. Any compensation paid pursuant to this subparagraph shall not affect in any manner the amount of or the right of my Executor to receive commissions as a fiduciary. (h) With respect to the interest vesting in a beneficiary who, in the opinion of my Executor, is incapacitated by reason of age (other than minority) or illness (mental or physical) when such interest vests in him or her: to hold the interest during his or her incapacity and to invest the interest and all accumulations thereon; to apply so much of the income and principal as my Executor deems advisable for such beneficiary's benefit for any reason without considering other funds available to him or her; and to deliver the balance of principal and income to the beneficiary at such time as he or she gains capacity. In addition, at any time to pay the entire interest to the guardian of the estate of the incapacitated beneficiary to hold for his or her benefit. The receipt of a guardian or such other person as may be selected by my Executor to receive a distribution under this subparagraph shall be a full and complete discharge to my Executor. SIXTH: Definitions. (a) The words " Executor," "Guardian" and "Custodian" when used herein shall include all genders and the singular and plural as the context may require. (b) When distributing residue to the descendants "per stirpes" of any individual under this Will, such residue shall be divided into as many equal shares as there are children of such individual then living and such children then deceased represented by descendants then living, and each then living child shall receive one share, and the share of each deceased child shall be divided among his or her descendants in the same manner, repeating this pattern with respect to succeeding generations until all shares are determined. (c) Paragraph headings in this Will are for reference only and shall not affect the meaning, construction or effect of this Will. J' l.i':C::~ .... "--' , J '-J PAGE THREE OF SIX PAGES SEVENTH: Custodian. (a) I appoint the surviving parent of any beneficiary who has not attained age twenty-one (21) as custodian for (i) any said beneficiary who has not attained age twenty-one (21) at the time an interest is distributed outright to him or her under this Will, and (ii) except to the extent a valid appointment of a Custodian has otherwise been made, any said beneficiary who has not attained age twenty-one (21) at the time an interest is distributable outright to him or her as the result of my death from any other source. Such appointment shall be deemed to be made under the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act then in effect in: 1. The jurisdiction in which J am domiciled at death, or 2. The jurisdiction in which the beneficiary is domiciled, or 3. The jurisdiction of an existing Uniform Act custodianship for the minor. The selection among the foregoing shall be made by my Executor or Trustee, in my Executor's or Trustee's absolute discretion. (b) If the applicable Uniform Act in the governing jurisdiction permits the postponement of distribution to an age beyond age twenty-one (21) if so directed in the governing instrument, I hereby direct that distribution shall be postponed until the maximum age permissible under the Uniform Act. (c) If I am Custodian under the Uniform Transfers (or Gifts) to Minors Act for any Custodianship property, and no successor has been otherwise appointed, I hereby appoint my Executor (or if my Executor declines to serve, such individual or corporation as may be designated in writing by my Executor) to serve as Custodian under the Uniform Transfers (or Gifts) to Minors Act for any Custodianship property of which I am the Custodian. Upon written acceptance of the successor Custodianship, my Executor (or such designee) shall be authorized to take custody of any such property. EIGHTH: Power of Appointment. I decline to exercise any power of appointment given to me under any Will, Codicil or Deed of Trust. ( J~< ,t, ~-' '<:' " /~ PAGE FOUR OF SIX PAGES .- NINTH: Executor. I appoint my sons, SCOTT E. ZIEGLER and KENT W. ZIEGLER, or the survivor, Executors. My Executors shall not be required to post security in any jurisdiction. ." . l"--' IN WITNESS WHEREOF, I have hereunto set my hand this .,A.(' --day of 1999. 1^1', /vI-e)~ SIGNED ,,(W./'JJ:> 13. ~j(!.,i~I') JA~ES B. ZIEGLER' . . The preceding instrument, consisting of this and five (5) other typewritten pages each identified by the signature of the Testator was on the day and date thereof signed, published and declared by the Testator therein named as and for his last will, in the presence of us, who at his request, in his presence and in the presence of each other have subscribed our names. ~,~~ buy, ~. COMMONWEALTH OF PENNSYLVANIA: : ss COUNTY OF CUMBERLAND We, c..~,^l.>iv,~", c. f.b(,t~~ and ~Ok e. ~Yrf'Zc{j witnesses whose names are signed to the attached or foregoing instrument being duly qualified according to law, do depose and say that we were present and saw the Testator sign and execute the instrument as his last will; that he signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testator signed the will as witnesses; and that to the best of our knowledge, the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. PAGE FIVE OF SIX PAGES ." ~. ~ J2. ~~ Sworn and subscribed to before me this ~#> day Of~ ,1999. ~. . '-,. ~ ~~X___ /~PUblic NOTARIAL IUL KAREN fI, 8VEA8, NOTARY "*.Ie CAAU8I.E BORO. CUMUALAND co.. PA MY C0IIMI881ON EXPlRlallAACH 11._ COMMONWEALTH OF PENNSYLVANIA: : ss COUNTY OF CUMBERLAND I, JAMES B. ZIEGLER, whose name is signed to the attached instrument, having been duly qualified according to Jaw, do hereby acknowledge that I signed and executed the instrument as my last will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed, / I. ,),1 ,C -/).1 ;,/7~ f') ,(';lv'\'- ~v ",). ~< 'V(;1'';i:-~ ~ JAMES B. ZIEGLER " ,; Sworn and affirmed to and acknowledged be~ore me this # day of ~(lA , 1999. '~3 46r~ Notary Public ' . NOTARIAL IUL KARIN fI, 8VI!AII. NOTARY PU8IJC CARUIU! IOAO, CUMltl!RLAND CO.. PA MY CO....IION !)(PIRU MARCH 1"" PAGE SIX OF SIX PAGES .. THIRD: Spendthrift Provision. Until distributed, no gift or beneficial interest shall be subject to anticipation or to voluntary or involuntary alienation. FOURTH: Death Taxes. (a) All death taxes (and interest and penalties thereon) imposed upon any property passing under my Will and upon proceeds of insurance on my life, but not otherwise, shall be paid out of my residuary estate. (b) I authorize my Executor, in my Executor's sole discretion, to make an election, in whole or in part, to cause a Pennsylvania Inheritance Tax to be payable by my estate on property passing to or for the benefit of my spouse or to defer the Pennsylvania Inheritance Tax on such property. My Executor shall be without liability to anyone for making or failing to make such election. FIFTH: Administrative Powers. My Executor shall have the following powers in addition to those conferred by law until all property is distributed: (a) To retain any real or personal property in the form received and to sell it at public or private sale. (b) To manage real estate. (c) To purchase all forms of property without being confined to so-called legal investments and without regard for the principle of diversification. (d) To exercise any option or rights arising from ownership of investments. (e) To compromise claims without order of court or consent of any legatee. (f) To distribute in cash or in kind. (g) To employ accountants, agents, investment counsel, brokers, bank or trust company to perform services for and at the expense of my estate and to carry or register PAGE TWO OF SIX PAGES /c (6< i' ) J