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HomeMy WebLinkAbout12-11-06 PETITION FOR PROBATE & GRANT OF LETTERS I deceased. No. 21-06- iaqL.j. To: Register of Wills for the County of Cumberland Commonwealth of Pennsylvania Estate of IRENE G. DAY also known as Social Security No. 161-20-4279 The Petition of the undersigned respectfully represents that: Your Petitioners, who are 18 years of age or older and the Co-Executors named in the Last Will of the above decedent dated Julv 16. 2003 , and codicils dated none . The Executor named none died . Renunciations for none attached hereto. Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or principal residence at 207 Garland Drive. Carlisle. Pennsvlvania Decedent, then .JllL years of age, died Carlisle. Cumberland County. Pennsvlvania. November 11 , 2006, at 207 Garland Drive. 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 PA) All personal property (If not domiciled in PA) Personal property in PA (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania, situated as follows: $17.000.00 $ $ $ WHEREFORE, Petitioners respectfully requests the probate of the Last Will and Codicil(s) presented herewith and the grant of letters testamentary thereon. 5ignature(s) a esidence(s) of etiti ne ): ..( G OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 55 COUNTY OF CUMBERLAND Sworn to or affirfU,ed and subscribed before me this L- day of December, 2006. ~~~# 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 repre~tative of the above decedent, petitioner(s) will well and truly administer the est accor ng taw. g:::o t::1"~'J rn o Fho fTI C;) C) ,...:' :IJ ~~:~ 6 1"-"1 rT1 :::uo c.) (:::) ~ -'j'} '-n :x :~E :IJ _ _..~C) 9 r~~ :~ c,j~~~ ;~-.) no ~)Q-n ~:J~ ::-0----1 J;> CJ) No. 21-06- \Oq4- Estate of IRENE G. DAY , deceased. DECREE OF PROBATE & GRANT OF LETTERS ~ AND NOW, @ J8AI:l8FV. \\. , 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 Julv 16. 2003 described therein be admitted to probate and filed of record as the Last Will of Irene G. Dav ; and Letters Testamentarv are hereby granted to Gerald L. Dav FEES Probate, Letters, Etc. . . . . . . . $ 60.00 Short Certificates( -1-) . . . . . . . $ 4.00 Renunciation(s) ........... $ JCP . . . . . . . . . . . . . . . . . . . . $ 10.00 Automation Fee............$ 5.00 Other Will . . . . . .. .... $ 15.00 TOTAL: .... $ 94.00 Filed. ',;l.-. \\-.Ol.~. . . . . . . . . . . . . . 60 West Pomfret St.. Carlisle. PA 17013 ADDRESS 717-249-2353 PHONE O<.~O) REV 1/0< 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. l1:- ~.~~~ Local Registrar Fee for this certificate, $6.00 P 12994819 NOV 1 3 2006 Date I J (") ~o ~::o "1 "1:J ("") '~JI_ -'po i>::?; gj :;i= (.f) ^ -'. J COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH · YrrAL RECORDS::~ 8 ~ cJI-OU-lcA"l ST,,-n; FI.E~~ So -8ecoIIr"" 161 - 20- 4279 r--.;) c::::> c;:) c;:r. o ,.." (""') ::0 :::0 rn rnO . C) c:> 0'" :XJ --'10 fTl trl :::00 (-::) C)) -"i'l " -,., o ~ 2/1/1926 U WooIloolollol_II.. u.s. _f.-? Ov. [!to ::""'1lIIIdonDI 17-.&1* Pennf'l v 1 V<'l n i a H1ll5.1GIlEY._ T'tI'Etl'NITlN PBlIWIMT IUCKIlK 1. _cflloolollollAol. Irene G. 5. .~lMrloy) 8. IlIItcf 10- 0. o u IIIllIl cf ... j)o nall1t1t l\lIIdd....'....., N 17b.Coonr Cumherl <'lnd 1f. ......."""'" ...-no) Lillie V. Sn der a _-._ ",'-.lItIt,zIplllllll 207 Garland Dr 2tc. _cf~""cf-r....-y...-pIoIloI ~ 11/15/2006 Hollinger Crematory ZIc. ___cfFll:llr 17.. 0 r..1lIaIIIIN lMdll 17d.cc:...~.t"'.. Carlisle Twp. ClJ'- ,-. -'zlpcado) 5 Hollin PIlI: I: fnIIral8'..................................... "'.... IUnaI~II"lIlllodfq__1I PlrlL 28. [Jd T...... Uoo ConIIIluIo 10 DolII1? Ov.Of'ldlolllr o Uok.-. 2l'~ JitNat~wllinplllJW o ~1l1h1"'olIoIlI o :=- bIII,,-,wllinC1dop o :=--IU--'Odopb1JW ~ IplIIpllI1I.... pill,.. D:. _"""""IbM;~!IlIlM. ~. c-.-.g,.... fS/1ot:IJ/ QlIIIIIIIt...Dtc...,.....,... .........__.........0 ...,_01..... _24'11_"~"'_ ................. 2.00 V ~ ~ ~ " , \) .... t') I l!5 I Duo"(ar.._~ : ............. : CBIt.... Arf-~~ ~)~ I : EIII.........r..,. o_........a ....... ......,.c:AIIIE =-..:I:\.':...HI)*I~ b. 0. "............ d. Woo MAoIopIJ lIlIt. w..MlplfAdWI _ .......PlIarbOlqllb ..~orDollll7 a v. Jba 0- aND liJ...... a ........ a MddonI a PoIdw.......... 31M. ,..,."'..., 0- aCad4NotIlo-.... II. . Dlt -0\..0 - loG4 ~ . . 4. J"o,,) ("") c:::::>> r:O ~ :0 :".- ::0 0 Fi~ (23 ..d -g rrt c") 0 IDENTITY -.13 ~ 2 n ~~;:1 i3 - '.-.,Z'" - f-r--j rr1 ,..::0 ._,.~ 0 I, IRENE G. DAY, residing in the County of Cumberland, Commonwealth~.f~sYI~nia'~2 c..:> being of sound mind and memory, and not acting under duress or undue influen8 ~y pason · =R whomsoever, hereby declare this to be my Last Will and Testament, and I do hereb~C9pke allCRther r- ~~ former Wills and Codicils to Wills heretofore made by me. My Social Security Numbet::ls 161-20-42.:79. V) ~-:;;~ GO LAST WILL AND TESTAMENT (pour-Over Will) OF IRENE G. DAY . I have the following child: Gerald L. Day, born January 4, 1944. DEBTS, TAXES AND ADMINISTRATION EXPENSES I have provided for the payment of all my debts, expenses of administration of property wherever situated passing under this Will or otherwise, and estate, inheritance, transfer, and succession taxes, other than any tax on a generation-skipping transfer that is not a liability of my Estate (including interest and penalties, if any) that become due by reason of my death, under THE IRENE G. DAY REVOCABLE LNING TRUST executed on even date herewith (the "Revocable Trust"). If the Revocable Trust assets should be insufficient for these purposes, my Executor shall pay any unpaid items from the residue of my Estate passing under this Will, without any apportionment or reimbursement. In the alternative, my Executor may demand in a writing addressed to the Trustee of the Trust an amount necessary to pay all or part of these items, plus claims, pecuniary legacies, and family allowances by court order. . PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to the Revocable Trust as a result of the Declaration of Intent signed this date. If there are any questions regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Revocable Trust, signed by me this date in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devices), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me on the same date of the execution of this Will. The Trustee shall add the property bequeathed and devised by this item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my Estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described herein above, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms and conditions pertaining to . POUR-OVER WILL Page 1 JJ2tl Testatrix , .- . . . the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incoTPOrate such Trust by reference into this my Will. EXECUTOR I hereby nominate and appoint Gerald L Day to serve without bond as my Independent Executor of this my Last Will and Testament. In the event the first named Executor shall predecease me or is unable or unwilling to act as my Executor for any reasons whatsoever, then and in that event, I hereby nominate and appoint Donna J. Day to serve without bond as my Independent Executor. Whenever the word "Executor" or any modifying or substituted pronoun therefore is used in this my Will, such words and respective pronouns shall be held and taken to 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 to substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers, duties, authority, and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of lllustration 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, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind of partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purpose of this my Will, without being limited in any way by the specific grants or power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments 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 executor. believes has had the effect, 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 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. POUR-OVER WILL Page 2 Jl1tJ- Testatrix , : . . . CONTESTS AND SPECIFIC OMISSIONS If any beneficiary under this will, singly or in conjunction with any other person or persons, directly or indirectly: 1. contests in any court the validity of this will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 2. contests in any court the validity of the Testator's/Testatrix's Will or, in any manner, attacks or seeks to impair or invalidate any of its provisions; 3. seeks to obtain an adjudication in any proceeding in any court that this trust or any of its provisions or that Testator's/Testatrix's Will or any of its provisions is void; 4. claims entitlement by way of any written or oral contract to any portion of the Testator's/Testatrix's estate, whether in probate or under this instrument; 5. unsuccessfully challenges the appointment of any person named as Executor or successor Executor of the Testator'slTestatrix's Will; 6. objects in any manner to any action taken or proposed to be taken in good faith by the Executor of the Testator'slTestatrix's Will; 7. objects to any construction or interpretation of this Will, or any provision of it, that is adopted or is proposed in good faith by the Executor; 8. unsuccessfully seeks the removal of any person acting as the Executor of the Testator's/Testatrix's Will; 9. files any creditor's claim in Testator's/Testatrix's estate (without regard to its validity), whether the claim arose before or after the date of this instrument, but excepting claims for cash advanced or paid for expenses of the Testator's/Testatrix's last illness or funeral paid by said claimant; 10. attacks or seeks to invalidate any designation of beneficiaries for any life insurance policy on Testator's/Testatrix's life; 11. attacks or seeks to invalidate any designation of beneficiaries for any pension or IRA or other form of qualified or non-qualified asset or deferred compensation account, agreement or arrangement; 12. attacks or seeks to invalidate any will which Testator/Testatrix has created or may create during Testator' s/Testatrix' s lifetime, or any provision thereof, as well as any gift which Testator/Testatrix has made or will made during Testator's/Testatrix's lifetime, whether before or after the date of this instrument; 13. attacks or seeks to invalidate any transaction by which Testator/Testatrix sold any assets (whether to a relative of Testator' s/Testatrix' s or otherwise); or 14. refuses a request of Testator's/Testatrix's, Executor or other fiduciary to assist in the defense against any of the foregoing acts or proceedings, then that person's right to take any interest given to him or her by this trust shall be determined as it would have been determined if the person had predeceased the execution of this will instrument without issue surviving. The provisions of the foregoing paragraph shall not apply to any disclaimer by any person of any benefit under this will. In the event that any of this provision is held to be invalid, void or illegal, the same shall be deemed severable from the remainder of this provision and shall in no way affect, impair or invalidate any other provision in this will; and if such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed to exist to the extent of the scope or breadth permitted by law. POUR-OVER WILL Page 3 4~~ ,~ . . . . SIMULTANEOUS DEATH If any other Beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purpose of this my Will that said Beneficiary predeceased me. ~~p~~ ~, Mz1 IRE G. DAY Testatrix This instrument consists of 6 typewritten pages, including the Attestation Clause, Self-Pro'1~ Clause, signature of Witnesses, and acknowledgment of officer. I have signed my name at the b~rKI>f each of ~g pages. ~t is being signed by me on this L.!!:!.-- day of POUR-OVER WILL Page 4 ,.. . ATTESTATION CLAUSE . The Testatrix whose name appears above declared to us, the undersigned, that the foregoing instrument was hislher Last Will and Testament, and he or she requested us to act as witnesses to such instrument and to hislher signature thereon. The Testatrix thereupon signed such instrument in our presence. At the Testatrix's request, the undersigned then subscribed our names to the instrument in our own handwriting in the presence of the Testatrix. The undersigned hereby declare, in the presence of each of us, that we believe the Testatrix to be of sound and disposing mind and memory. Signed by us on the same day and year as this Last Will and Testament was signed by the Testatrix. ~SE? t:~ -if-r/f ;; ~t/~ ;';-;-cvoL77-1- (Printed Name of Witness) ADDRESSES: 560~& r:;;J~ r ~ (7:3 2-c( City, State, Zip . ?fI~+--Hb- /J1. ':;;U/~'r (b,~YlYJCL i)1. ghrH-fer (Printed Name of Witness) ~s iJ/L1f J/7 LJ 1I~lJ/u ' fI~~-/.;'~A4.~' ) 7~Z'l City, State, Zip . POUR-OVER WILL Page 5 ~ TestatrIx '11 . . . . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SELF -PROVING CLAUSE /Y?rJ2~11?'ed a:~.&~~ ~o~~A~~ to be the Testatrix and the witnesses, respectively, whose names are subscribed to the foregoing instrument in their respective capacities, and all of them being by me duly sworn, IRENE G. DAY, Testatrix, declared to me and to the witnesses, in my presence, that the instrument is his/her Will and that he or she had willingly made and executed it as his/her free act and deed for the purposes therein expressed; and the Witnesses, each on his or her oath, stated to me in the presence and hearing of the Testatrix, that the Testatrix had declared to them that the instrument is his Will and that he or she executed the same as such and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that he or she did the same as a witness in the presence of the Testatrix, and at his request and that he or she was at that time eighteen (18) years of age or over and was of sound mind, and that each of the witnesses was then at least fourteen (14) years of age. Jl~ ~, f}~ IRENE G. DAY . Testatrix ~~'/b~ Wi ess ~~~na Ill. g~+-leY ?!;;w;~ W.~ r Kur,J./ G: Nt=v7Wo~TI/- (Printed Name of Witness) Testatrix, and and day of SUBSCRIBED AND ACKNOWLEDGEjp ~d ,p~.sw~~e me bY~. V:~/'(' FF~ , WItnesses, h7:T ~nnl"-,alt11 of Pennsylvania NOT ARIAL SEAL TODD B. GARRY. Notary Public Lower Southampton T~p" Bucks County M Commission expires M 3, 2004 POUR-OVER WILL Page 6