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Home My WebLink About09-21-06 PETITION FOR PROBATE and GRANT OF L~TERS Estate of ELMER E. KROUT. JR. No. ..r2J - 0\.0- ~ also known as To: Register of Wills for the . Deceased. County of CUMBERLAND in the Social Security No. 195-28-0162 Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 18 years of age or older and the execut RIX named in the last will of the above decedent, dated JANUARY 10.2003 and codicil(s) dated (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with h IS last family or principal residence at 126 GLENDALE DRIVE. SILVER SPRING TOWNSHIP. CUMBERLAND COUNTY. PENNSYLVANIA (list street, number and municipality) Decedent, then 69 years of age, died 7/11/2006 at HOLY SPIRIT HOSPITAL - EAST PENNSBORO TOWNSHIP. CUMBERLAND COUNTY. PA E"cept 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: NONE 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: $ ~CJ~ $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters thereon. (testamentary; administration c.I.a.; administration d.b.n.c.l.a.) 1\ ~ ~ -.J- 126 GLENDALE DRIVE 0 ~ LJ.. ,~MECHANICSBURG p~m50 ~ D. J0'ANNE KROUT''''',~-PO i ~;~ ~~ ~ '5' co ;~ "C c:: c:: 0 ~.:: cn'~ <;'0.. ....... :: 0 .. c:: 0/) Vi t-..:> = = CT"' (/) F"1 -0 N (')0 -,0."" ~.S~ 4-:/ ):~ OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYL VANIA} 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 of the knowledge and belief ofpetitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) wiIl well and truly' dmi . ter the estate accor ing to law. VJ ~. l:l ~ .... '" ~ { -0 -- -4.... CJ "', 1 '1\ (~) .. nl N .. I I~j':)i~ U1 0'" No. (;) 1-010 -%~I Estate of ELMER E. KROUT. JR. , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW ~ ptrA"V\~ ~ ~OD\,p, 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 1/10/2003 described therein be admitted to probate and filed of record as the last will of ELMER E. KROUT. JR. and Letters TESTAMENTARY are hereby granted to D. JOANNE KROUT FEES Probate, Letters, Etc.. . . . . . . . $ 3J:J. 6D Short Certificates ( }...... $ I J. - 6'\) RGntifteiatign. .u..:>.,\\..:--~. . . $ I~.db ~'- /0 . c.1V (i u.<<-CX"'0--\-.~ $ q .QD TOTAL _ $ 4~ -I;\:) Filed. . ~.l?-:I.\.~~ . . . . . . . . . . . . . . ~/1 iLRe~i_S(er of Wills ~SQUIRE #39785 ATTORNEY (Sup. Ct.I.D. No.) 414 BRIDGE STREET NEW CUMBERLAND PA 17070 ADDRESS 717-774-7435 PHONE HI05.R05 REV 1/05 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. No. thn- /1t ~ Fee for this certificate, $6.00 Local Registrar p 12625561 JUL 1 2 2000 ~ate Co <'''';~o ;_! !~ Ii] C() :~~:~ '"" c.:.."} = 0""' (/) fTl -0 N N .. ( -) C) .--! "1 'l ~. -i J ( ) ;-rl o .., 1 -0 -="" ~ ,:J ::r> U1 '" '...1.'- ReY.01oll6 'AIHTIN ANENT :KINK 1. Name of Deceden' (First. middle, last) COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUMBER 9/23/ 1936 3. Social Security Nuni>er 7. Oate 01 Bir1h Month da ear OEAiO Olher: tienl r:J DOA 0 NUl's' Home 0 Residence 0 Other. 9. it ~ec~en~:~::~6\i)an, 10. (~Amtran Indian, Black, Whit, lie. Mexan, Puerto Ran. elc.) \i1ite 15. SlJrviviflQSpouse(lfwire.~maiclennamel 14. MarlaIStlIUs: Married,NevM IT'8rrild, ~'t~ttod(~ Cl.IIberland East Pe)lrlSboro 'lWp. ~~ 11. Decedent's USUBl ion Kind 01 work done durin rrosl 01 workin life' do nol stale retired Kind 01 Wort Kind 01 BusinessltndUSlry Ca ter tbvi rs Incorporated 16. Oecedent's Mlling Addrts& (Street, dyllown. stale, l~ code) 126 Glerxlale Dr. Mechanicsburg, PA 17050 17.. Stale PA Ctlnberland Joanne Simpson OdO_nl Liv.". 17c. d( Yos,DocodonlLivod" Silver Spring Towns",? T"". 17b. County l7d. 0 No, Decedent LlYed within A:tual Limits of CilylBoro 18. F.lher's Name (Firsl,l?WJdIe, last) Elmer E. Krout Sr. 19. Mother's Name (F"nt. mddle, maiden surname) NJra M:ma Getz 201. Inlonnanl's N.me (T~) 2Qb. Informllnt's MaKino Address (Slreet, dyJlown, slate, z1l code) Joanne Krout 126 Glendale Dr. Mechanicsburg PA 17050 o Removal from Stale o Donslion 21c. Place ofOispos~ion (Name ofcemtlery, cftmllllory or other place) "...,. knowledge, death occurr.:i Illhe time. dale and place staled. (Slgnature and tj:le) lbllinger Crematory 22e. Name and Address of FaciiIy Richardson Funeral }hre Inc. 29 S. Enola Dr. Enola, PA 17025 21d. Location (Clyllown, ""., l\> cod') Mt. lblly Springs, PA 17065 23b. license NunWr 23<. Dolo SiQnod (Nonth, day, y"') M. 25. Olio Prooouncod Deed (MonIh. day, y".) ~/. 26. Was Cue Aj! \0 a Medical ExaninerJCoroner? ~ /!J 6", . III VII No CAUSE Of DEATH (S11lno1Ncllono Ind .XI........) hem'l1. Part t Enter the ~ - disuses, in~riu. or COf1llllcalions -thaI diectfy CI~ed the death. 00 NOT enter 18flT'N1 tvents such as cardiac arrest, respn.tory .rrul, or v,nlricUlBr IIbrilletlon without showilg the lJfioIogy DO NOT~eviltI Enter only one cause on I line lMIlEDIATECAUSE(F..ld.....nt /I"lfA4L ~ ~ /' ttI" /c, ccndiIOn...n"'llod"lh) ~ I fa ( l4,."""J u-.;t.,,,,_ I/(/' Due 10 (or as I consequence oQ SoquontIoily liel condllON. " 'flY, ~= :O~:.- V:ed~":; a. Due 10 (or as a consequence o~: . Id....orin;Jrylh8lintilt tilhe events '8SU1OOO in delrh) LAST. Approxlmol. 1nl8fv.1: onset 10 death Part It: Enler olhef siDnilicanl condiions conlrbfiwl tD dllth, but not ,osuling" the undorlyi1g couoo given In Part I. 28. Did Toboca> Use COIltrllut.1o O"th? ~Yos O_~ '0 No 0 Unknown 29. II Fomo~: o Not pregnant wilhin put yu, [J Pregnanl allima of dealh o Not pregnant buI pregnanl wIltlin 42 days otduth o Not pregnant, but prtg'Ilnt 43 days 10 1 year bebrl dealtl o Unknown it pregnant within !he pasl year 32c. Place 01 Injury: Home, Farm, StrN!. FICtory, Olliee Buildllg, oIc. (Spoci/lj Due to (or as I consequence of): 301. Wa..n Autopsy Partormod? o Yes tlHo d. 3lIb. WIf. Autopsy FIlldIngs Av.llblePrilrIoCof'l1)i8tion of Cause 01 Oeelh? DYesONo 31. Manner of Death )tN.tU.II D_ o Accident 0 PanelinO InYOStlgation o Suicide 0 Could No! Be Oet.nl'ined 321. OlIO olln~ry (Non~, day, y"') 32b. Describe how Injury Occurred: 32d. TIme 01 Injury 328. Injury at Work? OYesONo 321. 32g. Locatkm (Street, clty~own, 5111e) M. 330. ~(cI1od<on~ono) C~ phyliciln (Physician certifying cause of death when another physr:ian has ptOI'lOUoced death and ~letld Item 23) To the belt of my Icnow'-dge, death occurred due to the tlUII(st and tnlrw'ltr as.1at8d .._.........__H..__HM_..M..............._.....HHHHH..H.....H_..._.....H_......_......__......._.O . Pn:Inounclng and certttying phy1k:lln (Physician both Pfonounclng dath and certifying 10 Cluse of dealh) To tile belt of my knowledge, death occurred at the time, dati, and place,and due 10 the caUll(s) and manner al Iu,ted.-......----...H...................................--......;L . Medlcallxamlnerleoroner On lhe bills of eXlmination Ind/or investigation, in my optnion, death occurred It the llml, dlte,lnd place,.nd due to the CIUH(lllnd tIIInnet a. .tated ...._..0 34. 35. ~ Signalurelnd District Nurtber 36. . Oa~ (Month, day, year) ~ /;;: t// I..? I"" I~ 1 ...... 1/ I 7 //<.I6feJIlf)~ (See Instructions and examples on reverse) .. LAST WILL AND TESTAMENT OF ELMER E. KROUT, JR. I, ELMER E. KROUT, JR., of 126 Glendale Drive, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania 17050, being of sound and disposing mind and memory, do hereby make, publish and declare this for and as my Last Will and Testament hereby revoking any and all Wills or Codicils by me at any time heretofore made. ITEM I - I am married to D. JOANNE KROUT, and all references to my wife in this Will are to her. I have four children: ELMER E. KROUT, III, RICKY A. KROUT, DELORES J. DERICK and PATRICIA A. BARRICK, and they are described in this Will collectively as "my children" and individually as "my child." '-',:I c..:..:> c.:,,:> C,/,., o ::TJ (f) -" ,-" " ;~:}~ ~ ITEM II - I give my tangible personal property and all insurtfA~s '~~,' 0 -u ~_.. ~. L.i 11 ';;lP thereon to my wife, JOANNE, if she survives me by thirty (30) dcty~ I ha~ :0-1 .. complete confidence that my wife will honor any written instructi;ns tha~ may leave with regard to said tangible personal property. RUPP and MEIKLE 355 NORTH 21 ST STREET, SUITE 205, CAMP HILL, PA 17011 Initials~~ Page 1 of 8 . . :' ) r-y I C") C'") i!3 ,--.':<", _,J C"J ~) C) - 1 --', -" 'CS "0_' 11'1 ,-,') C, -'i"J " ITEM III - I give, devise and bequeath all of my Estate, of every nature and wherever situate, to my wife, JOANNE, if she survives me by thirty (30) days. ITEM IV - If my wife, JOANNE, fails to survive me by thirty (30) days, I direct that my son, RICKY A. KROUT, may elect as part of his one-fourth share of my estate my forty-five (45) acres of land, more or less, and hunting cabin located in Leigdy Township, Clinton County, Pennsylvania. If he so elects he must do so in writing to my Executor within ninety (90) days of the probate of my Will and the granting of letters thereon. If he so elects, the value of the land and cabin shall be Twenty-five Thousand Dollars ($25,000.00). ITEM V - If my wife, JOANNE, fails to survive me by thirty (30) days, I give, devise and bequeath all of my estate, of every nature and wherever situate, in equal shares to those of my children, ELMER E. KROUT, III, RICKY A. KROUT, DELORES J. DERICK and PATRICIA A. BARRICK, who survive me by thirty (30) days. ITEM VI - In the event anyone or more of my children predecease me or die before the thirtieth (30th) day following my death, I give, devise and Initials ~ Page 2 of 8 bequeath the share of such deceased child to my Trustee, hereinafter named, for his/her children (my grandchildren), per stirpes, in TRUST, nevertheless, as follows: (a) To payor to apply for the benefit of such child (my grandchild) all or such parts of the net income and all or such parts of the principal of his/her Trust as my Trustee in his sole discretion shall determine for the maintenance, education, health and welfare of such child until he/she attains the age of thirty (30) years. (b) At the time such child attains the age of twenty-five (25) years, he/she shall receive one-third (1/3) of the balance of the principal and any accumulated income from his/her Trust. (c) At the time such child attains the age of thirty (30) years he/she shall receive the balance of the principal of his/her Trust and any undistributed income, at which time the Trust shall terminate. ITEM VII - I name my wife, D. JOANNE KROUT, as Executrix of this, my last Will. If my wife, JOANNE, fails to qualify or ceases to act as Executrix, I Initials _f-.. (<.. Page 3 of 8 name my son, ELMER E. KROUT, III, as Executor of this, my last Will. If my son, ELMER E. KROUT, III, fails to qualify or ceases to act as Executor, I name my son, RICKY A. KROUT, as Executor of this, my last Will. ITEM VIII - My Executrix/Executor's commission for performance of her/his duties in administering my estate under this Will shall be limited to three percent (3%) of the gross value of my estate. ITEM IX - I name as my Trustee, my son, ELMER E. KRO,""T, III. If my son, ELMER E. KROUT, III, fails to qualify or ceases to act as Trustee, I name my son, RICKY A. KROUT, to be successor Trustee. ITEM X - (1) I give to my Executrix/Executor and to my Trustee named in this Will or any Codicil hereto or to any substitute Executor or Trustee all of the powers now applicable by law to fiduciaries in the Commonwealth of Pennsylvania and in particular, through the Pennsylvania Probate, Estates and Fiduciaries Code, as effective and as in effect on the date hereof, during the administration and until the completion of the distribution of my estate, and until the termination of all trusts created in this Will or any Codicil hereto and until the completion of the distribution of the assets of such trusts. Initials III Page 4 of 8 (2) My Executrix/Executor shall have absolute discretion, but shall not be required, to make adiustments 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 Executrix/Executor believes have had the eHect, 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 Executrix/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 ioint income tax return with my wife. (3) If at any time any trust created hereunder shall be of such value that, in the opinion of my Trustee, the administration expense of holding the assets contained therein in trust is not iustified, my Trustee, in his/her absolute discretion, may terminate such trust and distribute the trust property to the person or persons then entitled to receive or have the benefit of the income therefrom or the legal representative of such person. Initials fA ~ \ Page 5 of 8 (4) If there be any property located outside the Commonwealth of Pennsylvania, in which I may have any interest at the time of my death, which cannot be conveniently administered as provided herein, then I authorize, but do not require, my Executrix/Executor to appoint a bank or trust company with trust powers, to administer such property according to the terms of this Will. (5) My Executrix/Executor and Trustee are authorized and empowered to retain, either permanently or for such period of time as my Executrix/Executor or Trustee may determine, any assets, including the capital stock of any closely held corporation, which at any time shall come into the possession of my Executrix/Executor, or my Trustee as a part of any Trust created herein, whether such assets are or are not of the character approved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconcentration in one investment. ITEM XI - No interest of any beneficiary under this Will, any Codicil hereto, or any Trust created herein shall be subiect to anticipation or to voluntary or involuntary alienation. Initials ~r K I Page 6 of 8 ITEM XII - No fiduciary acting hereunder shall be required to post bond or enter security for the faithful performance of his/her duties in any iurisdiction. ITEM XIII - All estate, inheritance, succession and other death taxes, imposed or payable by reason of my death, and interest and penalties thereon, with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the principal of my general estate, as if such taxes were administration expenses, without apportionment or right of reimbursement. I authorize my Executrix/Executor and Trustee to pay all such taxes at such time or times as may be deemed advisable. ITEM XIV - Wherever the context requires, singular and plural, and masculine, feminine and neuter, shall be interchangeable. IN WITNESS WHEREOF, I have hereunto set my hand and seal this_ day of J(1./Vl r / IJ , 2003. I . e~ .€; I?z~ 11 ' ELMER E. KROUT, JR. rJ (Seal) Initials M 1 Page 7 of 8 . . SIGNED, sealed, published and declared by ELMER E. KROUT, JR., the above named testator, as and for his Last Will and Testament, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. ~~ residing at to ~~ ~ residing a~~~ Page 8 of 8 , . . . . . COMMONWEALTH OF PENNSYLVANIA : SSe COUNTY OF CUMBERLAND WE, ELMER E. KROUT, JR., , and L', s . ~ the TESTATOR and W ESSES whose names are si ned to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he had signed willingly (or willingly directed another to sign for him), and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and to the best of his or her knowledge the Testator was at that time eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. f~--?L~' E~ERE.KROU~JR.,Tes tor WITNESSES: ~-&~\:L ~ /;7~ Subscribed, sworn to, and acknowledged before me by E~ER E. KROUT, JR., the Testator, and subscribed ar:-d sworn to befo~e me by Herh?f~ ~ . ~ ~~ ~,.lf . and 1-' OtXloy \. IUD. i I . witnesses, this ~ day of r\ J , 2003. ~JJJn_JLO--C\ ,~CSt~ Notary Public NOTARIAL SEAL . BARBARA J. KOCHER. Notary Public Camp HlII Boro. cu~berland County ,. My Commission Expires Oct. 22. 2005