HomeMy WebLinkAbout12-07-06
PETITION FOR PROBATE and GRANT OF LETTERS
No. ~/ - (J~- lOW'
Register of Wills for the
County of Cumberland in the ,....",
Commonwealth of Pennsyl'<ADia g _ u
~o C1" ,t'i
<-::IJ C) r)
The petition of the undersigned respectfully represents that: .~ =p ("") ~ ~6
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Your petitioner is(are) 18 years of age or older and the Executors named intJ\l~~ wilTifth~,-, ~~
above decedent, dated 1211612004, and codicil(s) dated 7/18/2006'~8~ ::i! :'~; 33
,:) ~ N ;~~ ~.~
Decedent was domiciled at death in Cumberland County, Pennsylvania, witqwR last family ot~-,:.
principal residence at 201 Todd Circle, Carlisle Borough.
Estate of
also known as
MARYELLEN SPANGLER
To:
Deceased.
203-10-7737
Social Security No.
Decedent, then 86 years of age, died November 29, 2006, at Thornwald Home, 442 Walnut
Bottom Road, Carlisle, Pennsylvania.
Except as follows, decedent did not many, 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: *
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:
$ Sl ')1 600
$
$
$
WHEREFORE, petitioner respectfully requests the probate ofthe last will and codicil( s) presented
herewith and the grant of letters testamentary thereon.
Jo n B. Fowler, III
East High Street
Carlisle, P A 17013
717-243-3341
Illiam D. Spangler
P.O. Box 1391
Lexington Park, MD 20653
301-904-8588
=========================================================================
OATH OF PERSONAL REPRESENTATIVE
COMMONWEAL TH OF PENNSYLVANIA )
: 88.
COUNTY OF CUMBERLAND )
The petitioners above-named swear or affirm that the statements in the foregoing petition are true
and correct to the best of the knowledge and belief of petitioners and that as personal representatives of
the above decedent, petitioners will well and truly administer he accordi g to I
No. d I rot; - Jogtf
Estate of Mary Ellen Spangler, Deceased
DECREE OF PROBATE AND GRANT OF LETTERS
AND NOW, ".'~ 1-) ;)~ , in consideration ofthe petition on the reverse side
hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument( s) dated December 16, 2004 and Jnly 18, 2006 described therein be
admitted to probate and filed of record as the last will of Mary Ellen Spangler and Letters Testamentary
are hereby granted to William D. Spangler and John B. Fowler, III.
FEES
Will Book #
Page
I /{jJ. ~
Probate, Letters, Etc. $ '-t
Short Certificates( ).1 $ ~ . cD
~tion /)J". . ,$ /5. GO
C Odi(AI $ /5. 00
TOTALi/,lf $ /0 . ~
~.f. in S:v
Filed ~-
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o I . Fowler, III (06273)
(/./ A TIORNEY (Sup. Ct. J.D. No.)
~ARTSON DEARDORFF WILLIAMS & OTTO
10 East High Street
Carlisle, P A 17013
(717) 243-3341
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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 this certificate, $6.00
No.
R.~~t\. ~~H ~-t;~"'A~
Local Registrar'
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12995178
NOV 3 0 2006
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TYPE/PRINT IN
PERMANENT
!l.ACKINK
t. NlWIle cI Decedent (First. mickle, last. sufIiJl)
COMMONWEALTH OF PENNSYLVANIA . DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
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6. 0_ dBirth Men."
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STATE FilE NUMBER
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Nov. 29, 2006
Mary Ellen Spangler
86 y~
Bb. eo...ty 01 00..
I . C\lllt)er land
July 27, ~900 Towson, MD
ad. FaciltyName(lfnotinstitutlon.giwtlr8ellnll1lJ1lber)
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Antique dealer Antiques
. 16. Decedenl'sMailingAddressIStreet.cilyflt7Ml,stakl.zjpCOCle)
201 Todd Circle
Carlisle, PA 17013
18. Fllher's Name (Firs1, middle. last, sufIb:)
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William D. Spangler
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acII 22b. I.i;ense Number
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sarah Ida Wilson
~.'o"':"""~':"i!9~';"'.t~';i~~~J Park, MD 20653
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CAUSE OF DEATH (Seelnatruc:tlOM.nd ...mplin)
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21d. Locabl (City I town, staIB, zip code)
. 219 N.
Carlisle, PA 17013
Crematory, Inc.
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F.\FILESIDA T AFlLEIEstate Planningl I 0344.I-SP ANGLER WilL3
LAST WILL AND TEST AMENT OF
MARY ELLEN SPANGLER
I, MARY ELLEN SPANGLER, of the Borough of Carlisle, Cumberland County,
Pennsylvania, declare this to be my Last Will and Testament and revoke all Wills and Codicils
previously made by me.
ITEM I: I direct that all my legally enforceable debts and funeral expenses, including all
expenses of my last illness, shall be paid from my residuary estate as soon as practicable after my
decease as a part of the expense of the administration of my estate. "',
C) ~c::>
ITEM II: I bequeath the sum of Three Thousand ($3,000.00) Dollars m@lch of~e
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following named persons who survive me:; =2 () ~
. :};}-r, I
DaVId P. Spangler, grandson, .2;;, 52 -.I
William T. Meadows, grandson, and:-)8~ ..."
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Michelle H. Baer, step granddaughter. ~ ~ r:-i'
ITEM III: I bequeath the sum of Five Thousand ($5,000.00) Dollars to my~ster, Eleam>r './1
T. Cook, providing she survives me by thirty (30) days; otherwise, to her daughter, Betty Jane Cook
Andrew.
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ITEM IV: I bequeath the sum of Nine Thousand ($9,000.00) Dollars to my late husband's
nephew, Henry A. Spangler, III, his wife, Lisa Spangler, and their son, William H. Spangler, to be
divided equally among or between such of them as are living on the thirty-first (31 st) day after my
death.
ITEM V: For all their kindness and help to me over a number of years, I bequeath the sum
of Six Thousand ($6,000.00) Dollars to each of the' follow:ing named persons who survive me:
Dixie Peters, and
Mary Jane Lobato.
ITEM VI: I bequeath the following tangible personal property to such of the following
named beneficiaries as are living on the thirty- first d~y after my death; otherwise, such bequests shall
lapse and be added to and distributed as a part of the bequests under Item VII hereof:
A. To my daughter, Susan L. Baer: Two (2) Federal banquet tables in living room;
table with one drawer and spool legs; small rocker with velvet on it; three (3) table lamps,
one being brass, the second being brass with glass, and the third having cupids at its base;
sewing table and mirror on stairway; blanket chest in front bedroom (Susan's former
bedroom); wicker sofa on porch; all Hummels and hanging shelf they are in; bureau and
Page 1 of 5
'1vJ.~~'
InItials]
mirror in front bedroom; nest oflittle tables; eight (8) six ounce Waterford goblets; all of my
jewelry; Seth Thomas mahogany shelf clock in living room bookcase; Bohemian glass
decanter and six (6) cordials to match, with silver tray they sit on; and wicker pie stand.
B. To my son, William D. Spangler: Two (2) Bohemian glass lamps on brass and
marble bases in living room; slant top desk in living room; lamp on top of desk; Chippendale
desk chair; red leather chair; green velvet arm chair in living room; mirror above desk; love
seat in hall; porcelain lamp in hall; gold mirror in front hall; round dining room table, plus
all leaves; six (6) dining room chairs with blue seats; comer oval glass china closet; long
glass (70-72 inches long) china closet, including all contents; all flat silver in silver chest,
together with miscellaneous silver pieces in chest; silver service on buffet, plus candlesticks
and miscellaneous silver pieces; comer table (Sadler's) with one drop leaf; Tiffany lamp in
living room; jelly cupboard from Spangler's Springs, including all contents; four (4) captain
chairs (Dr. Spangler's office chairs); 1793 gold leaf picture of Benjamin Franklin; sofa and
club chair in living room; four (4) Chippendale chairs; high chest of drawers and shaving
stand on top of chest (your father's); maple rocking chair in my bedroom; set of mahogany
high post twin beds; bronze statue of Johnny Appleseed with mahogany pedestal stand;
sewing table with two drawers in my bedroom; tiny wooden chest with all contents,
including contents pertaining to stamp collection; all books signed by authors in bookcase
in living room; Bailey, Banks & Biddle four sided glass mantle clock; rocking chair in front
bedroom; two (2) bedroom chairs, one with arms, the other without and both upholstered
with the same material; cherry four drawer chest with mirror above it in my bedroom; green
porcelain umbrella container in front hall; fireplace screen, tools, andirons and basket; and
all wicker furniture on porch except wicker sofa. If my said son does not want any of the
foregoing articles, I request that he offer them to my said daughter and my niece, Betty Jane
Cook Andrew, in as nearly equal shares as practical. Ifboth ofthem want the same article,
distribution shall be determined by flipping a coin, drawing straws, or the like. If neither my
said daughter nor said niece desire any of such artic.1es, the same shall be distributed to such
of my grandsons who survive me by thirty (30) days in as nearly equal shares as practical.
C. To my niece, Betty Jane Cook Andrew: Gold leaf mirror in back bedroom; pair
of twin beds in front bedroom (Susan's former bedroom); buffet and mirror; gold leaf oval
mirror in hall to kitchen; all sandwich pattern dishes, goblets, etc.; drop leaftable in breakfast
room; Queen Anne Table in hall to kitchen; hanging shelf in living room, including all
miniatures contained on said shelf; and black with gold clock (my grandmother's).
Page 2 of 5
-'r7!l :~. S.
[Initials]
D. My mahogany tilt top round table in living room to Dixie Peters; otherwise, to
Mary Jane Lobato.
ITEM VII: I bequeath any automobiles or motor vehicles I may own at my death, my
personal effects and such other household goods and tangible personal property not hereinabove
provided for under Item VI hereof which shall not lapse, together with any existing insurance
thereon, to such of my children, Susan L. Baer and William D. Spangler, and my niece, Betty Jane
Cook Andrew, as are living on the thirty-first (31 st) day after my death, to be divided among them
with due regard for their personal preferences in as nearly equal shares as practical and as they shall
mutually agree. Except as herein otherwise provided for, I direct that any of the foregoing articles
not selected by the above named beneficiaries or about which there is no agreement shall be sold at
public or private sale by my personal representative(s), and I further direct that the net proceeds
thereof shall be administered and distributed as a part of the residue of my estate.
ITEM VIII: I devise and bequeath the residue of my estate of every nature and wherever
situate as follows:
A. 35% thereofto my said daughter, Susan L. Baer, provided that if she predeceases
me or dies on or before the thirtieth day following my death, one-third of such share shall be
distributed to her son, William T. Meadows, or his then living issue, per stirpes, one-third
of such share shall be added to the share of my residuary estate for my said son, William D.
Spangler, and the remaining one-third of such share shall be added to the share of my
residuary estate for my said niece, Betty Jane Cook Andrew.
B. 35% thereofto my said son, William D. Spangler, provided that ifhe predeceases
me or dies on or before the thirtieth day following my death, such share shall be distributed
to his son, David P. Spangler, or his then living iss.ue, per stirpes.
C. 30% thereof to my said niece, Betty Jane Cook Andrew, provided that if she
predeceases me or dies on or before the thirtieth day following my death, one-half of such
share shall be added to the share of my residuary estate for my said daughter, Susan L. Baer,
and the remaining one-half of such share shall be a~ded to the share of my residuary estate
for my said son, William D. Spangler.
ITEM IX: I appoint Orrstown Bank, a Pennsylvania banking corporation, with offices in
Cumberland County, Pennsylvania, guardian of any property which passes, either under this Will or
otherwise, to a minor and with respect to which I am authorized to appoint a guardian and have not
otherwise specifically done so, provided that this appointment of a guardian shall not supersede the
right of any fiduciary in its discretion to distribute a share where possible to the minor or to another
Page 3 of 5
lrn,t's.
[ itials]
for the minor's benefit. Such guardian shall have the power to use principal, as well as income, from
time to time for the minor's support, health and medical care, and education (including college
education, both undergraduate and graduate), or to make payment for these purposes, without further
obligation or responsibility to see to the proper expenditure thereof, directly to the minor or to the
minor's parent or to any person taking care of the minor.
ITEM X: 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 passing under this Will or
otherwise, including any interest or penalty imposed in connection with such taxes, shall be
considered a part of the expense of the administration of my estate and shall be paid out of the
principal of my residuary estate without apportionment or right of reimbursement.
ITEM XI: I appoint John B. Fowler, III, Executor ofthis my last Will. Should the said John
B. Fowler, ill, fail to qualify or cease to act as Executor, I appoint Ivo V. Otto, III, Executor of this
my last Will.
ITEM XII: I direct that all fiduciaries acting under this Will, whether or not named herein,
shall not be required to give bond for the faithful performance of their duties in any jurisdiction.
U WITNESS WHEREOF, I have hereunto set my hand and seal, this 16<fl'- day of
O~ Iw.- ,2004.
'\'1iGllu{ ~~ 'S~+
[SEAL]
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix, as and
for her Last Will and Testament, in the presence of us, who ,at her request, have hereunto subscribed
our names as witnesses thereto, in the presence of the said Testatrix and of each other.
'/1~IA, ~tN
.. )
and -'4J2 't1, O-v
Page 4 of 5
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We, MaryEllen Spangler, M2rc..(a.- Y Gm"ptV"R. ,and r)C/V'v r1. Pr\'C6 ,
the Testatrix and the witnesses, respectively, whose names are sign~oregoing 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 has signed willingly, 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 that to the best of his/her
knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no
constraint or undue influence.
lli CW 11 a flbA< S (lilit::f-
estat x (,
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Subscribed, sworn to and acknowledged before me by Mary E,llen Spangler, the Testatrix,
and subscribed and sworn to before me by 4Acrba.- V Co~"- , and
''VIm) VV1, ffl'C-v , witnesses, this Ihl-A.dayof j~~~ ,2004.
. ;J:1fu~~
Notary Public
NOTARIAL SEAL
VICTORIA L OTTO NOTARY PUBLIC
CARLISLE BORO:1 CUMBERLAND COUNTY
MY COMMISSIOn EXPIRES DEC. 2 2006
Page 5 of 5
F:\FILESIDA T AFILElEstate PlanningII0344.1.2006.codicil
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CODICIL 0 ~ ;:', {
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I, MARY ELLEN SPANGLER, of the Borough of Carlisle, Cum~@~d C~unty,',:;~.0
Pennsylvania, declare this to be the sole Codicil to my Last Will and Testament dat5~&em~r 16~i~ ~
2004. :;2 --I .. C.:::~
ITEM I: I hereby revoke Item XI of my last Will and in lieu thereof provide as follOWs:
ITEM XI: I appoint my son, William D. Spangler, and John B. Fowler, III, or the
survivor, Executors of this my last Will. Should both my said son and the said John B.
Fowler, III, fail to qualify or cease to act as Executors, I appoint Orrstown Bank, with branch
offices in Carlisle, Pennsylvania, Executor of this my last Will.
ITEM II: In all other respects, I hereby ratify, confirm and republish my last Will dated
December 14,2004, together with this sole Codicil, as and for my Last Will and Testament.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 1<J4A. day of
J 1.L ~ ,2006.
- M G-'1.I\ tF -ta-fl ~~.... fk [SEAL]
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testatrix as and
for the sole Codicil to her Last Will dated December 14, 2004, in the presence of us, who at her
request, have hereunto subscribed our names as witnesses thereto, in the presence of the said
Testatrix and each other.
~ .and~ftIQ~
/
.
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We, MaryEllen Spangler, Vle..-forll/.- L. l)+Ju ,and vY>ttrW- h'>- Pr;&..,
the Testatrix and the witnesses, respectively, whose names are signed to the fort:going instrument,
being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and
executed the instrument as her sole Codicil and that she has signed willingly, and that she executed
it as her free and voluntary act for the purposes therein expressed, and that each ofthe witnesses, in
the presence and hearing ofthe Testatrix, signed the Codicil as witness and that to the best ofhislher
knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no
constraint or undue influence.
~tLGl~
1 s
Subscribed, sworn to and acknowledged before me by Mary Ellen Spangler, the Testatrix,
and subscribed and sworn to before me by V'ICwnt\... . f9 fu , and
ma I' a vYl - f r I'~ , witnesses, this l')}4 day of uJ , 2006
~~.cX~~
.. Not Public
NOTARIAL SEAL
CORRINE L. MYERS, NOTARY PUBLIC
CARLISLE BORa, COUNTY OF CUMBERLAND
MY COMMISSION EXPIRES MAY 27, 2007