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HomeMy WebLinkAbout11-28-06 Estate of Helen H. Ashway also known as PETITION FOR PROBATE and GRANT OF LETTERS /)J - ()&;- JOt/ 7 No. To: Social Security No. . Deceased 118-16-9262 Register of Wills for the County of Cumberland in the 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 executor named in the last will of the above decedent, dated January 27.2000 and codicil(s) dated N/A (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decedent was domiciled at death in Cumberland County, Pennsylvania', with _ last family or principal residence at 50 Pleasant Grove Road Mechanicsburg. P A 17050 (list street, number and municipality) Decedent, then Harrisburg Hospital 84 years of age, died November 18.2006 , at 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 P A) All personal property (If not domiciled in P A) Personal property in Pennsylvania (Ifnot domiciled in PA) Personal property in County Value of real estate in Pennsylvania Situated as follows: $ ~OOO,OCl1. 00 $ $ $ WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant ofletters Testamentary thereon. (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) I .,,~ ';;l ~ ~l ]:g ~" ~e: to rn ~8~~ E. Briner Ashway 50 Pleasant Grove Rd 20 Mechanicsburg. P A 1705~::JJ t~~~ ')(")0 ,.-.,o-n . ~ ," :::0 -4 :g r-J = = 0'"' .~ .J . !-''''j . . .~) , ) .:.: ~-1 o <: 1'-' OJ --I , ' -,--~. ,--~"\ OAm OF PERSONAL REPRESENTATIVE COMMONWE~TH OF PENNSYLV ~ COUNTY OF U mhhJ.,O .f'I The petitioner(s) above-named swear(s) or affmn(s) that the statements in the foregoing petition are true and correct the best of the knowledge and belief ofpetitioner(s) and that as personal representative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. -0 :x r;-;> \ ::'-',-~ -"l'\ ...... "'") . ,T1 " ./..' .r::- N 'Y&~~ ~ ~. ;;: ~ ~ No. ()/ - Otfl J / IJ-/7 Estate of Helen H. Ashwav , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW November 21. 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 January 27.2000 Described therein be admitted to probate and filed of record as the last will of Helen H. Ashwav And Letters Testamentary Are hereby granted to E. Briner Ashwav ,Ljpwda ~~OJr1lJJL ~ ' Register of Wi11s~ ~ FEES: Probate, Letters, Etc. $-1} (on. DO Sort Certificates Cl 0 ) $ 4-01 DO RefumdationJC~ /Pttrln~~_i 5. OD \(\) t II $ lS.OO Total $ /I),...?f). DO Michael Cherewka No. 35073 Attorney (Sup. Ct. J.D. No.) 624 North Front Street W ormleysburg. P A 17043 (717) 232 - 4701 ~~ Filed NblJ.PmbPJro2)~ "-f105.S05 REV YO~ This is to certify that the information here given is correctly copied fro~ 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 filmg. WARNING: It is illegal to duplicate this copy by photostat or photograph. No. \N ~. f2 ....((~ Fee for this certificate, $6.00 Local Registrar P 12934796 J"IOV<2.A1 ~e.... ~~) ~Golp Date ~ J-()(P- /DL/7 o Co ?::D CrJ-Q (l:; 5; ~, . ;:- -0 (J) 7c::. C)O .', C) -n :~c: 'c."):u ::o~ );... ,...., c::> = a" -? C3 ..t::: N 0:> -0 :Jt; ~ .r;:- N Hllli.IO_._ mof/_1l - IUO<N( I._"_flol._.... Helen - - C~I.IEALTH OF PENNSYl-VANIA .. DEPARTIIENT OF HEALTH .. WAL RECORDS CERTFICATE OF DEATH ST"'1EfU~ .. 'lIP ,. ............., 7. 84 24.1922 ___II" lJ. lI.I.__ 0- iNo - __11..... PA tl.~ Cumberl and .... E. Briner Ashwa l1c. iI 'III._1MolI1I S i 1 v e r S p r i n 9 114.0 :,~"UM_ -TS\her Perk ins .. - _--.,- ..... 50 Pleasant Grove Road 2lo. _" ... _.......,._... RolHng Green Memorial T,.. CiW ,... 17050 17011 HOME 37 E MAIN ST MECHANICSBURG PA 17055 ZIIt.~_ - _21. PMlt _......-._iIfIIIo....................._.._OOIllJl____.__ .......,_._--.............~..-_._.. ===-...:==~.. ..5.e ,c)SJ <; -5""1 ")74n/C o.~.._.~. a .. .. Ov. ___- 1'IIt1:__ .- 'I~ 0l0II1I000Il ............II.........._.........L alJll~Uoa~"_, 0- Ol'lalllllll 0- I t; I alii_'"". . . ..-......... . --- ......_~_.. _____JUII'. _.P............ a.............. .. .. Ov. JdNo --"""'" .._,,- _NlrllllilllMoo ,,~,,- 0- ~No 0- c- o- clWdll........ - -". 0- 0-......- _~".~.,_.- . ==.-.... .. mD .....e...-I, _ ..- ./-./. - (!) '-" 'I~ \,J C- /70 S LAST WILL AND TESTAMENT KNOW ALL MEN BY THESE PRESENTS, that I, HELEN H. ASHW A Y, currently residing in Silver Spring Township, Cumberland County, Pennsylvania, being in good health and of sound and disposing memory, do hereby make, declare and publish this as my Last Will and Testament, hereby revoking all former Wills and Codicils heretofore made by me. FIRST: I direct that all of my debts not barred by the statute of limitations, expenses of my last illness, funeral expenses, costs of administration, and claims allowed in the administration of my estate shall be paid by my Executor hereinafter named, from my estate as soon as after my decease as shall be found convenient. SECOND: I bequeath my automobiles, household and personal effects and other tangible personalty of like nature (not including cash or securities) together with any existing insurance thereon, to my husband, E. BRINER ASHW A Y, if he survives me by thirty days, and to such of my children as are living on the thirty-first day after my death, to be divided among them by my Executor with due regard for their personal preferences in as nearly equal shares as practical. Any such article allotted to a minor may, as my Executor thinks advisable, either be delivered to the minor or any person to hold for the minor, or be sold and the proceeds paid to the Trustee as hereinafter provided in ARTICLE FIFTH hereof. THIRD: In the event that the Helen Horton Ashway Residence Trust shall terminate because of my death, pursuant to Article VI, Section A of said Trust, I give, devise and bequeath said trust estate to my husband, E. BRINER ASHW A Y. FOURTH: I devise and bequeath my remaining property located in Talbot County, Maryland, to the Trustee hereinafter named, IN TRUST, for the following uses and purposes: A. To lease the horse farm known and numbered as 23720 St. Michael's Road, to my daughter, NANCY A. FAULKNER, at the rental set forth in the current lease agreement with my daughter, for so long as my daughter continues to operate it as a horse farm. B. My daughter, NANCY A. FAULKNER, shall have the option, at any time during her lifetime, to purchase the horse farm for the then current fair market value. All rent paid by my daughter up to the time she exercises this option shall be applied against the purchase price. If my daughter is unable to purchase the horse farm outright, my Trustee shall accep~ayment ~ the form of a Note and Mortgage for the balance of the purchase price, upon sud:i: terms ~ conditions as are satisfactory to my Trustee in his sole discretion. ~ Q ~~ ,.\ ~.-:>.. 1"'Tl f'.) ~'~J ~~~ co -4;kv ~ ~rJ -0 C-) r) ~:2 ~~ -::5 :-0 --i ..1> -;;r" N N i \.,i~:' '~~~ ..r.:- C. Should my daughter, NANCY A. FAULKNER, cease to operate the horse farm, or become permanently disabled or die prior to exercising the option to purchase in Paragraph B, above, then my Trustee shall offer the property for sale to my granddaughter CHELSEA. The purchase price shall be the then current fair market value of the property. If my granddaughter, CHELSEA is unable to purchase the property outright, my Trustee shall accept payment in the form of a Note and Mortgage for the purchase price upon such terms and conditions as are satisfactory to my Trustee in his sole discretion. Should my granddaughter CHELSEA, at such time the offer is made, be under the age of eighteen (18), my Trustee is hereby instructed to hold the property until CHELSEA attains the age of eighteen (18), at which time she shall have ninety (90) days to decide whether to purchase the property. Should my granddaughter, CHELSEA not purchase the property, then my Trustee shall sell said property and the net proceeds shall be held by my Trustee as hereinafter provided in ARTICLE FIFTH HEREOF. FIFTH: I devise and bequeath the residue of my estate of every nature and wherever situate to the Trustee hereinafter named, IN TRUST, for the following uses and purposes: A. During the lifetime of my husband, E. BRINER ASHW A Y, the Trustee may pay the net income, in such proportions and in such amounts, equal or unequal, as my Trustee shall determine, among my said husband and my three children: Carolyn A. Chance, Judith A. Ashway, and Nancy A. Faulkner. There shall be absolutely no equal distribution required and the Trustee may accumulate all or any part of the income at Trustee's sole and absolute discretion. B. As much of the principal of this trust as the Trustee may from time to time think advisable for the support 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 assets and sources of income, or during illness or emergency, shall either be paid to him or else applied directly for his benefit by the Trustee. C. My Trustee may apply the net income of this trust for the support of my husband, E. BRINER ASHW A Y, should he by reason of age, illness, or any other cause, in the opinion of the Trustee, be incapable of disbursing it. D. Upon the death of my husband, E. BRINER ASHW A Y, or upon my death if he predeceases me, Trustee shall distribute the then-remaining principal and any accumulated or undistributed income to my then living issut::, per stirpes. SIXTH: 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 tax, shall be considered a part of the expense of the administration of my estate and shall be paid from my residuary estate ffdJ5?f tt~ 2 under ITEM FIFTH 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 of my Trustee may think proper, regardless of whether such taxes are then due. SEVENTH: The interest of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. EIGHTH: I hereby nominate constitute, and appoint my husband, E. BRINER ASHW A Y, as Executor of this, my Last Will and Testament. In the event that my said husband shall predecease me or be unwilling or unable to act as my Executor, as aforesaid, then I nominate, constitute and appoint my attorney, MICHAEL CHEREWKA, without the necessity for posting security regardless of state of residence, as Executor of this, my Last Will and Testament. All references to the Executor herein shall be applicable to said substitute Executor. NINTH: I hereby nominate, constitute and appoint BRUCE C. ARMISTEAD, ESQ., of Easton, Talbot County, Maryland, as the Trustee of the trust created by Article FOURTH of this, my Last Will and Testament without the necessity of posting security regardless of state of residence. I hereby nominate, constitute and appoint MICHAEL CHEREWKA, ESQ., of Camp Hill, Cumberland County, Pennsylvania, as the Trustee of the trust created by Article FIFTH of my Last Will and Testament without the necessity of posting security regardless of state of residence. TENTH: My Executor and Trustee shall have, in addition to the powers and authority conferred upon them by law, the following additional powers and authority: 1. To sell at public or private sale, exchange, lease, mortgage or pledge any property, real or personal, at any time constituting a portion of a trust or of my estate, and upon such terms and conditions as the Executor or trustee shall deem wise. 2. To invest any money at any time in such bonds, stocks, notes, real estate, mortgages, life insurance, annuities or other securities, or such property, real or personal, as the Executor or Trustee shall deem wise, without being limited by any statutes or rule of law regarding investments by the Executor or Trustee. 3. To retain, without incurring any liability, as investments, any property owned by me at the time of my death, as long as they deem it wise, and even though such property is not the kind of property an Executor or Trustee would purchase as an investment; and even though to retain such property might violate sound diversification principles. ~.v .~ ~7 3 4. To cause any security or other property which may constitute a portion of my trust or of my estate to be issued, held or registered in their own name, or in the name of a nominee, or in such form that title will pass by delivery. 5. To consent to the reorganization, consolidation, readjustment of the financial structure, or sale of the assets of any corporation or other organization, the securities of which constitute a portion of my trust or of my estate, and to take any action with reference to such securities which, in the opinion the Executor or Trustee is necessary to obtain the benefit of any such reorganization, consolidation, readjustment or sale; to exercise any conversion privilege or subscription right given to them as the owner of any securities constituting a portion a trust or of my estate; to accept and hold as a portion of a trust or of my estate securities resulting from any reorganization, consolidation, readjustment, sale, conversion or subscription. 6. To pay all costs, taxes, charges and expenses in connection with the administration of a trust or of my estate, including such compensations to Executor or Trustee which shall be in accordance with generally established fees throughout the period of administration of a trust or of my estate. The compensations to Trustees shall be in accordance with their normal and customary hourly rates for work of this nature in their law practices at the time of such administration. 7. To determine what is "income" and what is "principal" hereunder, and their decision thereon shall be final; and to purchase securities at a premium or discount, and to apply or charge said premium or discount against income or principal as the Executor or Trustee may determine. 8. To transfer, sell, exchange, partition, lease, mortgage, pledge, give options upon, or otherwise dispose of any property at any time held by them, at public or private sale, or otherwise. 9. To borrow money from any person, firm or corporation, including any corporation acting as an Executor or Trustee hereunder, for the purpose of protecting and preserving or improving my estate or trust hereunder; to execute promissory notes or other obligations for amounts so borrowed. 10. To employ legal counsel, accountants, hrokers, investment advisors, custodians, managers, and other agents and employees and to pay them reasonable compensation out of a portion of my trust or of my estate or any funds held hereunder to which said compensation is attributable. t/J~ 91 ;}~(f 4 11. To carry on any business owned or controlled by me at my death for whatever period of time they shall think proper, and they shall have the power to do any and all things they deem necessary or appropriate, including the power to incorporate the business, the power to borrow and to pledge assets contained in my estate as security for such borrowing, and the power to close out, liquidate, or sell the business at such time and upon such terms as to them shall seem best. 12. To do all other acts in their judgement necessary or desirable for the proper and advantageous management, investment and distribution of a trust or of my estate. ELEVENTH: I direct that all transfer and inheritance taxes, state or federal, assessed because of my death, whether the funds, property or insurance proceeds to which such taxes are attributable pass under this Will or not, shall be paid out of my residuary estate; that my Executor pay, or provide for payment of all such taxes at such time, or times, and in such manner as my Executor deems best. IN WITNESS WHEREOF, I, HELEN H. ASHW A Y, the Testatrix to this, my Last Will and Testament, typewritten on six sheets of paper which I have identified at the bottom of each page by my signature, hereunto set my hand and seal the ~ 7 day of 00. , The preceding instrument consisting of this and six other typewritten pages, each identified by the signature of the Testatrix, HELEN H. ASHW A Y, was on this day and date thereof signed published and declared by HELEN H. ASHW A Y, the Testatrix therein named, as and for her Last Will, in the presence of us who, at her request, in her presence, and in the presence of each other have subscribed our names as witnesses. ~.~~ ~f!~:p 5 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF C um.B~IlL,4-tJ /) SS I, HELEN H. ASHW A Y, Testatrix whose name is signed to the attached or 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. ,11~ if ~_ Helen H. Ashway Sworn or affirmed to and acknowledge before me, by HELEN H. ASHW A Y, the Testatrix tbe~1WJ daYOfrj ,2000, Nf:!:1t X Rda;; ~if.~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF C UI'n/3Ei!.iJJIJ ) We .. bA-u ('7:> #,,e;, b Co "-I ~P- and 0Q.,(')() '\-rQr L. 5~cu('" , the 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 Testatrix sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her 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 that time eighteen or more years of age, of sound mind and under no constraint or undue influence. SS ~Hd:zt:=: ~ ~--- ..-<' Sworn or ' ed to and subscribed to Fe by!J/IV I D 1/, & c'.LJrr and .....JEJJJJJFali3h)Jg.witnesses, this eJ/ffltday of / ,2000. ~c/J!2cIi otary Public NoIart8I Seal "..,. L. RadclIff. Not8ry PublIc WorrnIIyIburg Boro. Cwnberfend Mv CainmIeiIon Expires Jan. 20. 2001 6