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HomeMy WebLinkAbout08-22-06 Register of Wills of_C_um~~!la~_~_ County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Barbara S Naylor also known as No. 2.1-2006- 1 Y \ , Deceased Social Security No. 201-16-1971 Steven C Daly Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) ~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the the Decedent, dated 06/28/2006 and codicils dated Executor named in the last Will of State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: (c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs o B. Grant of Letters of Administration r Name Relationship Residence I , . . -. .~ .. .~ . ') (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in C urn berland County, Pennsylvania with his/her family or principal residence at 884 Oak Oval, Mechanicsburg, PA 17055 (list street, number, and municipality) c; Decedent, then 83 years of age, died 08/12/2006 at Mechanicsburg, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania 145,000.00 $ $ $ $ situated as follows' Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: I Signature Typed or printed name and residence Steven C Daly 622 Elliott Drive Lewisberry, PA 17339 I >( X.- c-'.--~" c-"~~ ~~~. ._~___o~: """ o;;-~ Prepared by the Pennsylvania Bar ASSOciation COPYright Ie) 2004 form software only The Lackner Group, Inc Form RW-1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania 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 of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this ~nd day of x ...J-,. ~.-' <2. '- -----.,---. "'~ ,~.j (~ "'-) Steven C Daly ~. ,~0 ~ftl(~~~6~~ , ..{) D A ~ ( -I-- u;r the Register U ~. , . A.LV · 4' ~ fll.... No. 21-2006- 1L{/ Barbara S Naylor , Deceased Estate of also known as Date of Death: 08/12/2006 AND NOW, c:lc;l . 62001.0 , in consideration side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters 00 Testamentary 0 of Administration (c.I.a., db.nc.t.a, pendente lite: durante absentia; durante minontate) are hereby granted to Steven C Daly, Executor in the above estate and that the instrument(s) dated 6/28/2006 described in the Petition be admitted to probate and filled of record as the last Will of Decedent. \ '-.9 . 00 ,~~~ ~ 'ls~~'9i,t"OfWill' Attorney: William R. Bunt, Esq. FEES Letters.. ....$ 2lil () .o() Short Certificate(s).. . ......... $ l. . Renunciation ....... $ Extra Pages )N..\.\\ ......$ \5. QD 1.0. No 21529 Law Office of William R. Bunt Address: 109 South Carlisle Street Affidavits ( ).. ......... .....$ Codicil.. ........ $ New Bloomfield, PA 17068 JCP Fee. ....$ \0 -aD Telephone 717-582-8195 Inventory.. . ..$ E-Mail wrb@pa.net Other... . .........$ 5.00 TOTAL .. $ 30\..0 . 00 Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1(1991) WARNING: IT IS IllEGAL TO ALTER THIS COPY OR TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. 6 rJ '? C' rJ 4" h: ULOv V August 21, 2006 Barbara S. Naylor Female 201 - 16 - 1971 August 12, 2006 June 2, 1923 Newport, PA Messiah Village Cumberland Upper Allen Twp. White Homemaker No Married 100 Mt. Allen Drive Mechanicsburg PA 17055 Edward N. Naylor Sally A.. Myers David Myers Funeral Home, Newport, PA 17074 Endometrial Carcinoma xx Sarah Noorbaksh I)1.D. Messiah Village, 100 Mt. Allen Dr., Mechanicsburg, PA 17055 August 21, 2006 1 cr {,~)lzc/~,---, {/.., iLli c.L 50-455 ~01 Barnett St., New Bloomfield, PA 17068 WilLIAM R BUI'-JT CHRYSTAL l. PROSSER ATTORNEYS AT LAW 109 S Carlisle Street Ne",) Bloomfield. Po 17068 ,e' (717) 582-8105 FAX (717) 5827521 II I I I I I LAST WILL AND TESTAMENT OF BARBARA S. NAYLOR I, BARBARA S. NAYLOR, of Upper Allen Township, Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do hereby decllare this to be my Last Will and Testament, revoking all former wills or writings in the nature thereof and any codicils thereto made. FIRST: I direct my hereinafter named Executor or alternate Executor, as the case may be, to pay all of my just debts, funeral expenses, costs of administration and inheritance taxes out of the corpus of my estate as soon after my decease as is practicable to do so. SECOND: I give, bequeath and devise all of my estate, real, personal and mixed and wheresoever situate, unto my husband, Edward N. Naylor. I THIRD: In the event that my husband, Edward N. Naylor, predeceases my A. I give and bequeath my mahogany canopy bed set (including the canopy Gutshall. In the event that my niece, Diane Gutshall, predecease my decease, then and in that event, I direct that said bequest shall lapse and become part of my residuary estate. B. I give and bequeath my milk glass collection to my great niece, Patricia Kissinger. I In the event that my great niece, Patricia Kissinger, predeceases my decease, then and in that event, I give and bequeath said milk ~llass collection unto my friend, Martha Robinson. C. I give and bequeath my grandfather c1ocl< unto my nephew, Steven C. Daly. Page 1 of 11 Pages WI LLiAM R. BU r'-JT CHRYSTAL L. PROSSER ATTOR~<EYS AT LA.W 109 S, Carlisle St:t='et New Bloornfield. f'J 17068 (717) 582-8105 FAX (717) 58275.)1 I I I I I I I i I I ! I In the event that my nephew, Steven C. Daly, predeceases my decease, I then and in that event, I give and bequeath said grandfather clock unto my nephew's wife. i Delores A. Daly. FOURTH: In the event that my husband, Edward N. Naylor, predeceases my Army, a religious and charitable organization with offices at 701 North Broad Street, Philadelphia, Pennsylvania 19123 to be used within the Commonwealth of Pennsylvania for the purpose of feeding the hungry. I specifically direct that said five (5%) percent of my residuary shall be calculated from the net value of my estate after the payment all of my just debts, funeral expenses, costs of administration and inheritance and estate taxes. B. I give, bequeath and devise ten percent (10%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my nephew, Steven C. Daly. In the event that my nephew, Steven C. Daly, predeceases my decease, then and in that event, I give, bequeath and devise one-half of said share of my estate unto my nephew's wife, Delores A. Daly, and one-half of said share of my estate unto my nephew, James Barrick. C. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my nephew's wife, Delores A. Daly. In the event that my nephew's wife, Delores A. Daly, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto my nephew, Steven C. Daly. Page 2 of 11 Pages WilLIAM R BUNT CHRYSTAL l PROSSER ATTORNEYS AT LAW 109 S Car!lsle Street New B!oomfle!d, P::l 17068 (717) 582-8105 FA,X (717) 5827521 '1 I, 11 II I D. I give, bequeath and devise five percent (5%) of my estate, real, personal and mixed and wheresoever situate unto my great nephew, MaUhew Daly. In the event that my great nephew, Matthew Daly, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. E. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my great niece, I Melissa Daly. In the event that my great niece, Melissa Daly, predeceases my decease. then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. F. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my great nephew. Marc Barrick. In the event that my great nephew, Marc Barrick, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto my nephew, Steven C.Daly. G. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my friend, Jan Steele Hammaker. In the event that my friend, Jan Steele Hammaker, predeceases my decease. then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. H. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my friend, Lori Nast. In the event that my friend, Lori Nast, predl~ceases my decease, then and Page 3 of 11 Pages WI LLiAM R _ BU \IT CHRYSTAL L PROSSER ATTORNEYS AT LNN ; 09 S Coclisie StIP"'! Ne-N Bloom!le!d_ 1~C1 17068 Tel (7ll) 582-81')5 FAX (i17) 582-752; II I' II II Ii In that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my dE!cease pro rata I. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoevE~r situate unto my sister-in-law, Marguerite Henderson. In the event that my sister-in-law, MargueritE~ Henderson, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. J. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my brother-in- law, Raymond Naylor. In the event that my brother-in-law, Raymond Naylor, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. K. I give, bequeath and devise seven percent (7%) of the rest, residue and I remainder of my estate, real, personal and mixed and wheresoever situate unto my niece, Dorothy Holley. In the event that my niece, Dorothy Holley, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto Ruth Ann Wright, Barbara Jean Fry and Patricia Kissinger, or the survivors thereof, in equal shares, share and share alike. L. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my niece, Ruth Ann Wright. In the event that my niece, Ruth Ann Wright, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto Dorothy Holley, Barbara Jean Fry and Patricia Kissinger, or the survivors thereof, in equal shares, share and Page 4 of 11 Pages WI LLlAM R BU 0JT CHRYSTAL L PROSSER ATTORNEYS .AT L!lW 109 S. Ccrl'sle Struet NevI B1oorrfield. 17068 Te' (7 i 7) 582-8 U5 FAX (717) 582-7521 Ii d II Ii share alike. M. I give, bequeath and devise five percent (5%) of the rest, residue and I remainder of my estate, real, personal and mixed and wheresoever situate unto niece, Barbara Jean Fry. In the event that my niece, Barbara Jean Fry, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto Dorothy Holley, I Ruth Ann Wright and Patricia Kissinger, or the survivors thereof, in equal shares, share and I share alike. I N. I give, bequeath and devise five percent (5%) of the rest, residue and I remainder of my estate, real, personal and mixed and wheresoever situate unto my great niece, Patricia Kissinger. In the event that my great niece, Patricia Kissinger, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto her husband, Gregory Kissinger. O. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my niece, Dixie Steigleman. In the event that my niece, Dixie Steigleman, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named In this Paragraph FOURTH surviving my decease pro rata. P. I give, bequeath and devise three percent (3%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto my niece, Diane Gutshall. In the event that my niece, Diane Gutshall, predeceases my decease, then and in that event, I give, bequeath and devise said share of my estate unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. Q. I give, bequeath and devise five percent (5%) of the rest, residue and Page 5 of 11 Pages WILliAM R. BUNT CHRYSTAL L PROSSER ATTORNEYS AT Lf\W 09 S C>:Jri!sle Sfrpet New B'oornfiei.j 17068 Te (717) 582-81')5 F,~,X 7) 582-7521 remainder of my estate, real, personal and mixed and wheresoever situate unto Steven C. Daly, 1. To create the Gavin Horting Trust. To administer said trust in accordance with terms and conditions of or becomes deceased prior to the final distribution of said child's trust share, then and in that event, my said trustee shall transfer the balance remaining in said trust unto the remaining beneficiaries named in this Paragraph FOURTH surviving my decease pro rata. 5. I name, constitute and appoint Matthew Daly, as the alternate trustee of the Gavin Horting Trust. R. I give, bequeath and devise five percent (5%) of the rest, residue and remainder of my estate, real, personal and mixed and wheresoever situate unto Steven C. Daly, in trust, however, to act as trustee upon the following terms and conditions: 1. To create the Zachary Criswell Trust. 2. To administer said trust in accordance with terms and conditions of trust enumerated below. 3. To pay the accumulated income and principal to the said Zachary Criswell from said trust, on the twenty first (21 SI) birthday of said child. 4. In the event that the said Zachary Criswell predeceases my decease or becomes deceased prior to the final distribution of said child's trust share, then and in that event, my said trustee shall transfer the balance remaining in said trust unto the Joshua Criswell Trust to be administered in accordance with the My Last Will and Testament. I 5. I name, constitute and appoint Matthew Daly, as the alternate I trustee of the Zachary Criswell Trust. I i Page 6 of 11 Pages I I I I i I I I I remainder of my estate, real, personal and mixed and wheresoever situate unto Steven C. Daly, S. I give, bequeath and devise five percent (5%) of the rest, residue and in trust, however, to act as trustee upon the following terms and conditions: I I 2. I trust enumerated below. I 3. To pay the accumulated income and principal to the said Joshua I I I Criswell from said trust, on the twenty first (2151) birthday of said child. 4. In the event that the said Joshua Criswell predeceases my decease 1. To create the Joshua Criswell Trust. To administer said trust in accordance with terms and conditions of or becomes deceased prior to the final distribution of said child's trust share, then and in that I event, my said trustee shall transfer the balance remaining in said trust unto the Zachary I Criswell Trust to be administered in accordance with this My Last Will and Testament. I 5. I name, constitute and appoint Matthew Daly, as the alternate trustee of the Joshua Criswell Trust. FIFTH: I direct that any trust created pursuant to this My Last Will and Testament 109 S Corl!sle Stmet New B'oomfield, ::l(J, 17068 be administered upon the following terms and conditions: A. To pay said beneficiary out of each beneficiary's respective trust, the income and so much of the principal, as may, in the sole discretion of my trustee, be necessary for the maintenance, support, medical expenses, and college education of said beneficiary. R The payments authorized in subparagraph A of this Paragraph FIFTH, shall be made without regard to the equality of distribution between said beneficiaries. The amount to be paid for the benefit of said beneficiary shall be determined from time to time by the need of said beneficiary, and the amounts and times of said payments shall be determined by such need. The said payments may be made by my said trustee directly to said beneficiary as may be, in the sole opinion of my trustee, of such age, and ability to handle properly the funds so paid to such beneficiary, or may be made by my said trustee directly to the person having the custody and care of the said beneficiary, or may be made by my said trustee directly to any WilLIAM R, BUNT CHRYSTAL l PROSSER ATTORNEYS AT LAW Te\ (717) 582-8])5 FAX (717) 582-7521 Page 7 of 11 Pages WilLIAM R BUNT CHRYSTAL l PROSSER ATTORNEYS AT LAW 109 S. Carlisle Stce?et New Bloorntielo. 17068 Tel 17) 582-21 FAX C'l7) 582'-7.:21 I i I II I I I institution entitled to such payment by reason of services rendered or to be rendered to the said beneficiary. In making the aforesaid payments, my said trustee shall give primary consideration to the individual needs of said beneficiary and to other sources of income available to said beneficiary, and the individual needs of said beneficiary shall ov,erride any consideration as to any equality of distribution for the purposes mentioned in this subparagraph. SIXTH: I direct that no trustee, executor, guardian, or other fiduciary named, nominated, or appointed in this, my Last Will and Testament, shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of court of the Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstanding. SEVENTH: My personal representative and trustee shall have the following powers in addition to those vested in them by law and by other provisions of this Will, applicable to all property, real, personal and mixed and wheresoever situate, including property held for minors, whether principal or income, exercisable without court approval, and effective, with respect to each item of said property. until actual distribution thereof. A. To retain, as investments of my estate or trust, any or all assets of my estate, real, personal, or mixed, without regard to any principal of diversification, and to purchase and acquire real or personal property, and to hold any or all such real and personal property retained or acquired without making the same productive of income. B. To permit a beneficiary, or any of them, to occupy any real estate retained or acquired upon such terms and conditions as my trustee shall deem proper. C. To pay all taxes, charges, and expenses of maintenance, upkeep, improvement. development, protection, preservation and investment of any retained or acquired real or personal property, such payments to be made from either principal or income as my said trustee shall determine. D. To retain or invest any and all funds, whether principal or income, in any real or personal property without restriction to legal investments; to purchase investments at premiums; to exercise all rights of a security holder or shareholder in any corporation; and to Page 8 of 11 Pages lease, mortgage, pledge, give options upon or sell at public or private sale and without approval of any court and without any responsibility to the buyer or buyers to see to the application of the purchase price, any real or personal property, or portion or portions thereof, irrespective of the I I manner or the means by which the same was acquired by my said trustee. I E. To make any payment or distribution herein provided for in cash, kind, or , I I partly in cash and partly in kind, at valuations fixed by my trustees at the time of distribution. I i I EIGHTH: Any and all payment or payments of any sum or sums, whether in cash or I in kind and whether for principal or income, payable to the said beneficiary, or any of them, shall be made upon the sole receipt of the respective individual to whom the payment is made, and I free from anticipation, alienation, assignment, attachment, and pledge, and free from control by I the creditors of any such beneficiary. All shares of principal and income herein given shall be , I free from anticipation, assignment, pledge, or obligations of any beneficiary, and shall not be I subject to any execution or attachment. I NINTH: In the event that my husband, Edward N. Naylor, predeceases my I decease, then and in that event, I direct that all of my fine jewelry be sold and the proceeds therefrom become part of my residuary estate to be distributed in accordance with this My Last Will and Testament. TENTH: Any person who shall have died within thirty (30) days of my death, or WilLIAM R BUNT CHRYST",l l. PROSSER ATTORNEYS AT LAW under such circumstances that the order of our deaths cannot be established by proof, shall be deemed to have predeceased me. ELEVENTH: I name, constitute and appoint my nephew,. Steven C. Daly, as Executor of this my Last Will and Testament. In the event of the renunciation, death, resignation or inability of my nephew, Steven C. Daly, to act for any reason whatsoever, as the Executor of my estate, then and in that event, I name, constitute and appoint my brother-in-law, Raymond Naylor, as the alternate Executor of this my Last Will and Testament. 109 S. Carlisle Strf:?ct ~Iew Bloomfie!ej. "'0 17068 My Executor or alternate Executor, as the case may be, are hereby excused from Tel (717) 582.81)5 cAX (717) 5827':21 Page 9 of 11 Pages WilLIAM R BUNT CHRYSTAL l. PROSSER ATTORNEYS N lAW 109 S Carlisle Str~.'?t ri8W Bloorntl81cl 17068 Tol (717) 5828105 FAX 17) 582-75.21 II II II I i I I the posting of any bond or security notwithstanding any provisions of the law to the contrary. I i IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and I I Testament this 28th day of June, 2006. II II .1 . . (SEAL) Signed, sealed, published and declared by the above named Testatrix, 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 set our names as attestilng witnesses. I ! ..' / / I.>~// '- \ 1 . I I ",,<Ip'- /' ~I :_~.( <"( - - I.. ."'" / ;.{ i /,. !..t../~-, L "I - . ./t'L.'C<; ..~ "". \ C.A",--~!.~. I I II I I I I Page 1 0 of 11 Pages WilLIAM R. BUNT CHRYSTAL l. PROSSER ATTORNEYS AT LAW 109 S Carlisle Str,"et NevJ Bloomtle'o. "0 17068 Te' 17) 582-81;;5 FAX (717) 582,7~21 II I ACKNOWLEDGMENT AND AFFIDAVIT Commonwealth of Pennsylvania SS County of Perry 1 We, Barbara S. Naylor, the Testatrix in, and Chrystal L. Prosser, Esquire, and .--;~.~ ~ .i.~;. ~'("'.:.....8. !.c;.(:'. (/J. ........................, the witnesses to the Last Will and Testament of Barbara S. Naylor the attached or foregoing instrument, who have signed the instrument, having been duly qualified according to law do depose and say: (a) that I, Barbara S. Naylor, the Testatrix do hereby acknowledge that 1 signed and executed the instrument as my Last Will and Testament, and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. I (b) that we, Chrystal L. Prosser, Esquire, and ..:'~~.)f-!..:.::.:....~~~.. :~.:.'::.:........ I the witnesses, were present and saw the Testatrix sign and execute the instrument as her Last I Will and Testament; that the Testatrix signed willingly and executed it as her free and voluntary I I act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the will as a witness; and that to the best of our knowledge the Testatrix was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. / . ".' .. Barbara S, Naylor, Testator . I ' ..' i !tt"., }:-I /L( 7\\1 n A','I.--~- ~.W '" ,. V\.l'\ - J-- .....~ -.- Chrystal L.'Jprosser, Esquire, Witness , .;' '"'"';//. l \ -\(.r .~;.. .::<o.~.. ,.,'.'"", )~.~,..,. ~... ; L""-. , . .. Witness Sworn to or affirmed and acknowledged before me this 28th day of June, 2006. c _ \, , ,', (\_ \ ( \ \ \ \ . . )\\ \ \ ~ \ \ " \ \ oj ...... SMIlE'( 1IOfMIf'" tLOOMFlRO BOttO., PERKY toUIIW ., COMMISSIOft EXPIRO _ n. - Page 11 of 11 Pages