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HomeMy WebLinkAbout11-02-06 .,. "- Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS .. ,I Estate of Emma K. Lyons No. 21-- ~ .?5)7 V- also known as , Deceased Social Security No. 196-38-7712 Gerald S. Lyons and Linda Jean Young Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) 00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the the Decedent, dated 09/02/1994 and codicils dated Co-Executors named in the last Will of :---J State relevant circumstances, e.g., renunciation, death of executor, etc. 8 CJ ~ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution ofthjl:locumentS': offered for probate; was not the victim of a killing and was never adjudicated incompetent: ' ) () ~ r-- I"rl I ~:;? N JJ C-Tl i.) ;j :.'Ij C~::) ,'TI -'''_! C:J (')C) . 'j .- ~-r'.1 '.-,~ c=s .--~.~ t l I ./"' o B. Grant of Letters of Administration .- "',-".~..... :,,_) "Tl i ....._.._. (c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante m,"o~~tett Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spo'use (if any) ahd'heirs: o ..r-', I Name Relationship Kesloence I or principal residence at 10 L ons Lane ' Decedent, then 87 - years of age, died 10/16/2006 at Green Ridge Village, Newville, PA 17241 (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 $ situated as follows: 10-20 Lyons Lane, Shippensburg, Shippensburg Township, Cumberland County 1,826,662.00 1,000,000.00 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 appropnate form to the undersigned: ignature Typed or printed name and residence Gerald S. Lyons 20 Lyons Lane Shippensburg, PA 17257 ~oJd ~ Of', Linda Jean Young 13535 Tabscott Drive Chantilly, VA 20151 Prepared by the Pennsylvania Bar Association Copyright (cl 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 OJ. before me this ~ day of Geral~t~~ S ,%pV) ~;;;(~ ~ ~ No. 21-- d~- Cf~~ Social Security No: 196-38-7712 Date of Death: 10/16/2006 f ::J:J (Q Cj' t-::Y :-)c? ("...'.... c::J -:0 :: ;bl ~'._,~~ C-') .f:::- r-,1 (c-t.a.; d.b.n.c.t.a.; pendente lite; durante absent~urante min~te) C) .De~5 5Y l'~ C'~~ ~ 0..:; ;;;;... C5 '11:."- '",- Estate of also known as Emma K. Lyons AND NOW, f /'\j , in COI'\~,ljDo,~, n ('- ; ::b:. :::J:: - - -{} of the Petition on the reverse side hereon, satisfactory proof having been presented before m~K!---; IT IS DECREED that Letters 00 Testamentary 0 of Administration are hereby granted to Gerald S. Lyons and Linda Jean Young, Co-Executors in the above estate and that the instrument(s) dated 9-2-1994 JCP Fee....................~....$ Inventory...................................... $ \ ~\ eo '5 . c.'D ~ "" Reg' ter of ~~ri9ht 30066 ~ Weigle & Associates, P .C. 126 East King Street Shippensburg, PA 17257 Telephone: 717-532-7388 ~ described in the Petition be admitted to probate and filled of record as the last Will of Dece ent. Short Certificate(S)......~\\.... $ fUuuuu:iatjon............................... $ FEES Letters..........................................$ ~ It<6/ <t> 15.60 Attorney: Affidavits ( )...........................$ 1.0. No: Extra Pages ( )......................$ Address: Codicil.......... ............ ..... ............... $ E-Mail: Other............... .......... ................... $ TOTAL............ ................ $ ~~j6b Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1(1991) 105.805 REV 1/05 - cf,.- 9 If 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. Fee for this certificate, $6.00 ,/7 /Y &. ~!:rar No. tOrJ.. It ~ Dat . p 12814762 ,..-.., (~~~ I') c-::> = CT\ ::Xl fT, ..-""~ \... ...1 C) r-J ~~~ b Cj 1 -=n If (-- ~ o -a".t:: I N _..-.._-----_._-_.__._--_._--_._~--- Hlll5.143 Rev. Dl" TYPEI'IIINT II PERlIANENT BLACK ilK I NIm8 of ~ (FISt. middle. IIsU COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STATE FILE NUloIBf 3. Soclol SecurMy N.- EMMA K. 5 Ago (\.pI bIUIlIy) 87 VII. . Jib. Counly 01 DuIh ~\ Cumberland I 1. DocodInl'I UIuIl ion iIld 01__ Kild .._ Homemaker 16. o.c-.Molng __ (S1-.clIylloMl.lllle. ..,-) West Pennsboro _of_' "'dollll_. Kird oflMinolsllndUllly I CoIIogo <1... or 5+) lD. RIco: _n _n, IIock. _e, lie. (S/>Id)1 Whit~ 14. Marlal SlIIus: _. N......m<<J, 15. SuriWilg Spouse (11 wile. give..... nome) WIdowId, 0lY0rl:Id (SIldrl Widowed 17b. County Cumberland ~.~ 1'11:.:ifI V.,IltcodonILivod.. ,Shippensburq TownsI1C>? i.' . l1d. 0 No.lltcodonIllYtd MlI1in AclIaI LmIs of Twp. 10 Lyons Lane Shippensburg, PA 17257 la. F'-" Nome (FISt. middle, list) CIIy/Boro 19. IoIoIhor'l Nome (Fist. middle, lI1IiIen ...nomo) Elizabeth Harro 2lIb. In''''''''nt'l Maing _us (SIr.... '*Y~ lllle, .., code) C RomovaI from Slole C Donation Oct. 21 2006 2211. Uconso NuMlor 5 rin Hill Cemeter 22<. Name Ind __ of FICiIy PA 17257 21d. Localion (CIIy_, ..le..., code) Shippensburg Cumberland Count PA o w en => ~ ~ ~ Lyons ~ FD 011776-L 231. To 1ho bosI of mr -.. d.... _1'OlIlino, dill and pace allied. (S9laturo and 1iI1o) C~ /7\. ~,I(;J 24. Tmo of 0.."' 25. Dale _llaad (IIonlh, diy, yea,) J. '$PM /0- / to - D , CAUSE OF DEATH (SM InaUUClionlIlld..........1 _27. ParI I: EnlIr"'~- ~...... or........1ions -1hIt dhclly_ thodlllh. DO NOT...... __ luch II ..rdiac Irrosl. ,uphtory 1,,11I. ..~_1Ion Mhoul.-,g tho etiology. DO NOT __. Enlor cnyono ..... 0Il11lna. III1EDlATECAUSE(FilII_'" 0 -.J.. ff -.rlllllingindllll) -? I ~~~--r'- oQ 1~ ~ j S6quoIUIvist_,Nany, b r..... ~~ ~, =:==c:'~I. c' DuoIo UICO~OQ~ /Ibw..-..L A ,1 . ==in-:"'~lho Duo 10 (01 III of) ,... : Bricker FUneral Ibne Inc. 23b. LicanoI_ RAJ/'/C) 3~9 L 17257 C v. JI( No CI) ~ c;;, /}J,r c}.tp 28. Did ToIiocco Use Conl_1o DaalIl? g:~ 29. . F..-Io:/ O~"hinpuly,,' C Prlpllnllllino of dOIlh C Nof ""'lIIIInI, buI prognant MIhin 42 days of dIIIh C Not pr.".1t buI p1ognani43 dlyslo 1 year boloro dOIlh o U_. prognon\ MIhin \he past yea, 320. PIoca of Irjurf: Homo. FInn. Slrl8l, Faclory, OlIee Mling, O\C. (S/>Id)1 , Appr.....le _I' : onseIlO dtlIlh . Part U: EnIer other .milr.lnlMNlilm& MIIIrb1iinn to du1h buI noIl11U1ing ..1110 undorIying..... given.. Part I. C VIS 31. ~rofDaalll .....Nllural D_ c kcidtlnI C Pending \nvIIIlgIlion o SUcide 0 ColRl Not Be IlIlIImkuld 320. 011. oflnjlly (MonIh, day. year) , c ~ LlJ 32d. Tmo of Injury ~. Location (SIr..,.~, 1II1e) M. l- :z w o w (,) w o u- o ~ :z 330. c.1lIlIr (cMdc only ....) ~~.;;:==:.~':...-:=.:=':=-~-~~....2~----.-.-----,,-.--~ ............Ing and cor1llylng pbyIIcIo. (PIIysicion boIh pIOIIClUIICing dIIlh Ind clflilying 10 ..... 01 d""'l To IIlo _of my __go, _ __ 111M _. dale.lnd ..... and dUo to IlleCllllO(I' and ...nor U ______...._.____._0 -- OnIM_of__._~ In my opinion, 35. Regislqr'1 Signotut. and DiItricI_ ,diy, yea.) LAST WILL AND TESTAMENT I, EMMA K. LYONS, of Shippensburg Township, Cumberland County, Pennsylvania, being of sound mind, memory and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void all wills by me at any time heretofore made. FIRST. I order and direct the payment of all my just debts and funeral expenses as soon as may be convenient after my decease. SECOND. I give my tangible personal property, together with policies of insurance thereon, to my husband, HOWARD W. LYONS, if he survives me for a period of thirty (30) days. My tangible personal property shall include, but not be limited to: household goods, personal effects, and personal automobiles; but shall not include: cash, securities or similar assets. In the event my husband, HOWARD W. Lyons, does not survive me by thirty (30) days, I give said tangible personal property to my children, namely GERALD S. LYONS and LINDA JEAN YOUNG, or to such of them as survive ooth my husband and me, in approximately equal shares as they may determine. THIRD. If my husband, Howard W. Lyons, survives me for a period of thirty (30) days, I give to my children, GERALD S. LYONS and LINDA JEAN YOUNG, to hold IN TRUST as FUND A such amount, if any, as when added to other property included in my gross estate for Federal estate tax purposes and not qualifying for the marital or charitable deduction, which property passes under prior provisions of this Will or otherwise than under this Will or is paid directly to the Trustees and allocated by them to ~a/ k ~dL (SEAL) MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA. 172S7 this Fund A, will produce a Federal estate tax in my estate, prior to the use of such credits, equal to the total of the available unified credit and the credit for state death taxes (other than those imposed solely to obtain the credit under Section 201 of the Internal Revenue Code). This amount shall be computed prior to the payment of death taxes and may be satisfied with cash or with assets in kind at their market value on the date of distribution. Any property in my taxable estate which would not qualify for the marital deductions shall be allocated to this Fund A, even if, as a result, it is overfunded. If any assets passing under this Will or paid directly to the Trustees are not included in my gross estate for Federal estate tax purposes, I give the same, or direct the Trustees to allocate the same, to Fund A, in addition to the amount hereinbefore specified. If no amount is held in this trust during my husband's lifetime, nevertheless the trust shall be considered as being in existence for the purpose of receiving funds at my husband's death. Said Fund A shall be held, IN TRUST, for the following purposes: A. To pay the net income therefrom to my husband, HOWARD W. LYONS, for his life in such periodic installments as my trustees shall find convenient, but at least as often as quarter-annually; B. As much of the principal of this trust as my trustees may from time to time think advisable for the support and maintenance of my husband to maintain him in the station of life to which he is accustomed at my death, and after taking into consideration his other readily available and sources of income shall be either paid to him or else be applied directly for his benefit by my trustees; d~~~ (SEAL) -2- MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA. 17257 c. My trustees may apply the net income of this trust for the support of my husband, HOWARD W. LYONS, should he by reason of age, illness or any other cause in the opinion of my trustees be incapable of disbursing it; D. In addition to the above provisions, my husband, Howard W. Lyons, shall have the power to direct the trustees to pay to him or to apply out of principal in each year including the year of my death and the year of his death an amount not in excess of the greater of $5,000.00 or 5% of the then-aggregate value of the trust principal. This power is noncumulative and can be exercised only by an instrument in writing intended to take effect during his life, signed by my husband, Howard W. Lyons, and delivered to my trustees; E. Upon the death of my husband, Howard W. Lyons, or upon my death if he predeceases me, this trust shall terminate and the then-remaining principal and any accumulated or undistributed income shall be distributed equally to my children on a per stirpes distribution basis. FOURTH . I give, devise and bequeath all of the rest and residue of my estate, real, personal and mixed, whatsoever and wheresoever situate to my husband, HOWARD W. LYONS, which is to be known as FUND B under this my Last Will and Testament. In the event that my beloved husband, Howard W. Lyons, should predecease me, I then direct that all of the rest and residue of my estate be distributed as follows: 1. To my son, GERALD S. LYONS, I give all my real property located in Shippensburg Township, Cumberland County, Pennsylvania, known as 10 and 20 Lyons Lane, Shippensburg, Pennsylvania, upon which is my home residence and the current home residence of my said son, Gerald S. Lyons; ~ 'k:IJ~ -3- (SEAL) MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA. 17257 2. To my daughter, LINDA JEAN YOUNG, I give and bequeath the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00); and 3. The rest and residue of my estate shall be divided and distribued equally to my children, Gerald and Linda, on a per stirpes distribution basis. FIFTH. The share of any person who shall not have attained the age of twenty-one (21) years shall be held IN TRUST in a separate trust to be administered and distributed in accordance with the provisions hereinafter set forth: A. My trustees shall distribute so much of the net income and principal of the trust to or for the benefit of such person as my trustees in their sole discretion shall deem advisable for the support, education and health of such person and for the protection and preservation of his or her property. Any income not so distributed shall be accumulated, invested, administered and distributed as part of the principal; B. Upon the death of any person, his or her trust shall terminate and the then-remaining principal shall be distributed per stirpes to his or her then-living issue, or if there shall be no such issue to my then-living issue per stirpes; c. This trust shall terminate upon the beneficiary's reaching the age of twenty-one (21) years, and the trustees shall distribute all principal and any accumulated income at that time; D. I hereby nominate, constitute and appoint my children, or either of them, to be the Trustee for any trust created under this FIFTH paragraph. SIXTH. Any fiduciary, including my personal representatives and Trustees, under this Will shall have the following powers in addition to those vested in them by law and by other provisions of my will applicable to all property, whether principal or +d~L)~~~ (SEAL) MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA. 17257 " income, including property held for minors, exercisable without Court approval, and effective until actual distribution of all property: A. To retain any and all of the assets of my estate, real or personal, without regard to any principle of diversification of risk; B. To invest in all forms of property, including stock, common trust funds and mortgage investment funds without restriction to investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principle of diversification of risk; C. To sell at public or private sale, to exchange or to lease, for any period of time, any real or personal property, and to give options for sales, exchanges or leases, for such prices and upon such terms or conditions as they deem proper; D. To allocate receipts and expenses to principal or income or partly to each as they from time to time think proper; E. To compromise any claim or controversy; F. To distribute in cash or in kind or partly each: G. To hold property in their names without designation of any fiduciary capacity or in the name of a nominee or unregistered. SEVENTH. The principal of any and all trusts created under this Will, and the income therefrom, shall be free from the debts, liabilities, and engagements of those beneficially interested therein, and shall not be subject to assignment by him or her, nor to attachment or execution under any legal, equitable or other process for the enforcement of judgments or claims of any sort against them, either individually or collectively. _5_~t?/ 't[. ~ (SEAL) MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA. 17257 EIGHTH. All federal, state and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed in connection with such taxes, shall be considered a part of the expense of administration of my estate and shall be paid out of Fund B without apportionment or right of reimbursement. All such taxes on present or future interest shall be paid at such time or times as my executor or my trustee may think proper regardless of whether such taxes are then due; provided that any postponed taxes on future interests in the residuary trust shall be charged against the principal of the particular share with respect to which the taxes are imposed. NINTH. I appoint my husband, HOWARD W. LYONS, as Executor of this my will. Should my husband predecease me, fail to qualify or cease to act, I appoint my son, GERALD S. LYONS, and my daughter, LINDA JEAN YOUNG, as Co-Executors of this my Last Will and Testament. TENTH. No bond shall be required of any fiduciary hereunder in any jurisdiction. IN WITNESS WHEREOF, I, EMMA K. LYONS, have hereunto set my hand and seal to this my Last Will and Testament, written on six pages, the first five pages signed for identification only, this ~J.dsy Of~. 1994. /ri4~ 'k 7~ (SEAL) -6- MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA. 17257 This instrument was by the Testatrix, EMMA K. LYONS, on the date hereof, signed, published and declared by her to be her Last Will and Testament, in our presence, who at her request and in her presence and in the presence of each other, we, believing her to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. ~~~' M-"4~ d!. f'l-,?~ COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND I, EMMA K. LYONS, 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; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. (~~"d fr. 'l~ Sworn or affirmed to and acknowledged before me by EMMA K. LYONS, the Testatrix, this /lttd day of~~A.-J , 1994. ........ SIll .......l. HaIIrJ. ...., ...... _...... PA c.IIIIti.~, ;'11 i(n MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA. 17257 . .. , . COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND We, C(\WtWt<:> ~~R\b~1 and ,4)(2,- :zt f3:r- foregoing instrument, being duly the witnesses whose names are signed to the qualified according to law, do depose and say that we were present and saw Testatrix, EMMA K. LYONS, sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as his 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 and of sound mind and under no constraint or undue influence. 0~~ /~L~X 137'- Sworn or affirmed before me b and witnesses, this S~-\-~6{>V' MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA. 17257