HomeMy WebLinkAbout11-03-06
Register of Wills of Cumberland County
PETITION FOR PROBATE and GRANT OF LETTERS
SHd~8 -1J.:1Ili. 27r
Estateof E LL.EN F~AN\L ~ No. --
also known as To:
Register of Wills for the
County of Cumberland in the
Commonwealth of Pennsylvania
, Deceased.
Social Security No. \ <:(;7 - o..!: - 0703
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older, and the execut_ named in the last will of the
above decedent, dated A p r " , ~ 3 . I Ii tj3 , 20
and codicil( s) dated
(state relevant circumstances, e.g. renunciation, death of executor, etc.)
Decedent was domiciled at death in C iJ fll P11r r< LA- N b
Pennsylvania, with h:.>c last family or principal residence at
(;"~s.e.x.. HalAS'; J ~o N Jf). rH SoT,' Apt $!J~, Lc=mOl( N~ Pit 1701.(3
(list street, number and municipality)
Decedent, then Rl years of age, died II) / ~ q , 20~ at J-t elk TH -S-Ju ., H
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:
County,
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: tv \ A-
>IE- $ ..900. ()-O-O
$
$
$
. WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented
herewith and the grant of letters
thereon.
7ture('!jfPetitiOne;,)
. hf:?f5 Ifr~
(testamentary; administration c.t.a.; administration d.b.n.c.t.a.)
Residence( s >,J,f petitioner~~
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Register of Wills of Cumberland County
OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA
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SS:
COUNTY OF CUMBERLAND
The petitioner(s) above-named swear(s) or affmn(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 above
decedent petitioner(s) will well and truly administer the estate according to law.
:>( 96.tlff;;(s .i !lt4n(if
Sworn to or affrrmemd subscribed
Before me this~ day of
Jov~__r ,20 Oto
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. Estate of f \ \ 0 M\. -F" ~ ~ l\-<h , Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW ~CSV ~ 26S1c, 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
f ~ -::~~ ' described therein be admitted to probate filed of recor~t will of
.Q _ S\tvJLh; and Letters are hereby granted to ~A t{otL ~
Attorney (Sup. Ct. LD. No.)
FEES
Probate, Letters, Etc.~.:oo
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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 tms certillcate, U.OO jJ k/ L
Local Registrar
No.
OCT 3 1 2006
P 12633311
Date
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LAST WILL AND TESTAMENT
OF
ELLEN H. SHORB
Introductorv Clause. I, ELLEN H. SHORB, a resident of and
domiciled in the Township of Spring Garden, County of York and
Commonwealth of Pennsylvania, do hereby make, publish and declare
this to be my Last will and Testament, hereby revoking all Wills
and Codicils at any time heretofore made by me.
I have one living child: JUDITH A. HEMPT, born November 11,
1943.
ITEM
Direction to Pav Debts. I direct that all my legally
enforceable debts, secured and unsecured, be paid as soon as
practicable after my death.
ITEM
Direction to Pav All Taxes from Residuarv Estate. I direct
that all estate, inheritance, succession, death or similar taxes
(except generation-skipping transfer taxes) assessed with respect
to my estate herein dis~osed of, or any part thereof, or on any
bequest or devise conta~ned in this my Last Will (which term
wherever used herein shall include any Codicil hereto), or on any
insurance upon my life or on any property held jointl~ by me with
another or on any transfer made by me during my lifet~me or on
any other property or interests in property included in my estate
for such tax purposes be paid out of my residuary estate and
shall not be charged to or against any recipient, beneficiary,
transferee or owner of any such property or interests in property
included in my estate for such tax purposes.
ITEM
Outriaht Gift of All Propertv to Dauahter. Continaent Gift
to Named Beneficiarv. I give, devise and bequeath all the rest,
residue and remainder of my property of every kind and
description (including lapsed legacies and devises) wherever
situate and whether acquired before or after the execution o~
this Will, absolutely in fee simple to my daughter, J~ITH A~ :Q
HEMPT, if she shall survive me. If my daughter shall~t sU~iv~..'~2j
me, her then living issue shall take per stirpes the sbijre sSi ~~~
would have taken had she survived me, 0:: in default o:eJ:i~h ~su$~?i cr.;
to my brother, BARTON F. HERR, and my s~ster, MARGARE~;>~ill (...) :7.:] b
SHEAFFER, or the survivor of them.. r:"):: 0-.);>, C-:") 0
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ITEM
Namina the Executor. Executor Succession. Executor's Fees
and Other Matters. The provisions for naming the Executor,
Executor succession, Executor's fees and other matters are set
forth below:
Namina an Individual Executor. I hereby nominate,
constitute, and appoint as Executor of this my Last will and
Testament JUDITH A. HEMPT and direct that she shall serve without
bond.
Namina Individual Successor or Substitute Executor. If
my individual Executor should fail to qualify as Executor
hereunder, or for any reason should cease to act in such
capacity, the successor or substitute Executor shall be MAX J.
HEMPT.
Final Succession If Individual Successor Executor
Cannot Act. If my individual successor Executor should fail to
qualify as Executor hereunder, or for any reason should cease to
act in such capacity, then the successor or substitute Executor
who shall also serve without bond shall be CHRISTINE B. HEMPT.
Fee Schedule for Individual Executor. For its services
as Executor, the individual Executor shall receive reasonable
compensation for the services rendered and reimbursement for
reasonable expenses.
ITEM
Definition of Executor. Whenever the word "Executor" or any
modifying or substituted pronoun therefor is used in this my
Will, such words and respective pronouns shall 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 or substitute Executor acting
hereunder, and such successor or substitute Executor shall
possess all the rights, powers and duties, authority and
responsibility conferred upon the Executor originally named
herein.
ITEM
Powers for Executor. 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,
convey, convert, deal with, dispose of, enter into, exchange,
hold, improve, incorporate any business of mine, invest, lease,
manage, mort9age, grant and exercise options with respect to,
take possess10n of, pledge, receive, release, repair, sell, sue
for, to make distributions or divisions in cash or in kind or
partly in each without regard to the income tax basis of such
asset, and in general, to exercise all the powers in the
management of my Estate which any individual could exercise in
the management of similar property owned in his or her own right,
upon such terms and conditions as to my Executor may seem best,
and to execute and deliver any and all instruments and to do all
acts which my Executor mar deem proper or necessary to carry out
the purposes of this my W1ll, without being limited in any way by
the specific grants of power made, and without the necessity of a
court order.
ITEM
provision for Executor to Act as Trustee for Beneficiarv
Under Aae Twentv-One. If any share or property hereunder becomes
distributable to a beneficiary who has not attained the age of
Twenty-one (21) years or if any real property shall be devised to
a person who has not attained the age of Twenty-one (21) years at
the date of my death, then such share or property shall
immediately vest in the beneficiary, but notwithstanding the
provisions herein, my Executor actin9 as Trustee shall retain
possession of the share or property 1n trust for the beneficiary
until the beneficiary attains the age of Twenty-one (21), using
so much of the net income and principal of the share or property
as my Executor deems necessary to provide for the proper support,
medical care, and education of the beneficiary, taking into
consideration to the extent my Executor deems advisable any other
income or resources of the beneficiary or his or her parents
known to my Executor. Any income not so paid or applied shall be
accumulated and added to principal. The beneficiary's share or
propertr shall be paid over, distributed and conveyed to the
benefic1ary upon attaining age Twenty-one (21), or if he or she
shall sooner die, to his or her executors or administrators.
Whenever my Executor determines it appropriate to pay any money
for the benefit of a beneficiary for whom a trust is created
hereunder, then the amounts shall be paid out by my Executor in
such of the following ways as my Executor deems best: (1)
directly to the beneficiary; (2) to the legallr appointed
guardian of the beneficiary; (3) to some relat1ve or friend for
the care, support and education of the beneficiary; (4) by my
Executor using such amounts directly for the beneficiary's care,
support and education. My Executor as trustee shall have with
respect to each share or property so retained all the powers and
discretions conferred upon it as Executor.
. . .
Testimonium Clause. IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my seal this ,JJ~ day of 4~J't /1 1113
, ,
~'M.~
ELLEN H. SHORB
Attestation Clause. The foregoing will was this 21~ day of
Aft,'1 1 ff3 , signed, sealed, published and declared by the
Tes atrix as and for her Last will and Testament in our presence,
and we, at her request and in her presence, and in the presence of
each other, have hereunto subscribed our names as witnesses on the
above date.
(SEAL)
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PROOF OF WILL
Commonwealth of Pennsylvania
County of York
Self-Proving Affidavit
We, ELLEN H. SHORB, and ~~w;tJ A ,f111~/<O.rI<." JI'(., and
:JLlCU\;-tCL r. ~u,..~e ,-, the Testatrl.X and the wl.thesses,
respectl.vely, w ose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the
undersigned authority that the Testatrix signed and executed the
instrument as her Last will and that she had signed willingly (or
willingly directed another to sign for her), and that she
executed it as her free and voluntary act for the purposes
therein expressed, and that each of the witnesses, in the
presence and hearing of the Testatrix, signed the will as witness
and to the best of our knowledge the Testatrix was at that time
eighteen years of age or older, of sound mind, and under no
constraint or undue influence.
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Wl. ess
Subscribed, sworn to, and acknowledged before me by ELLEN H.
SHORB, the Testatrix and subscribed and sworn to before me by
E~w"~ A S'1",vkosk,' / 'JH..- and ~flA,,;11f r Av~...1
Wl. tnesses , thl.S 2,-3,<J day of // ,,;( iI, I f'13
~'rYI.'vl/L......'>>L (Seal)
Notary Publl.c ~~;~vania
My Commission Expires: ~\a. \9, \C\<l ~
NOTARIAL SEAL
DONNA M. MUMMERT, Notary Public
~. 01. York. York eou!lty
CommiSSIOn E . es Feb. 19. 1996