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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 -j~h1 I >~ 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 ~- -;;;fi CJzJ 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 F:\FILESIDA T AFILE\EST A TES\ I 0344.2.pctition.\tr Hl":-;....-:"::; ~,?V '/n,:- 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' p 12995178 NOV 3 0 2006 Date o ~o "J;O ;j?o .., ."...r- 2m . _cn22 F 1 - /"-.. "'0 c-)oQ , '\1'--" -'::0 ...,...,. --j ~u ~;;-... "" c::::. c::::. .cr. g (""') , -.J -0 ::tt ~ =:rJ l:'~4' i; I C) ~~~ ~i? 6! :;:;; .:"~1.~) L~J - H105.143 REV. 0212006 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 5. AqeILasl_J 6. 0_ dBirth Men." l.Birtl Ci 8Ildsl8ilOf STATE FilE NUMBER '.llaOeolOealhI_.'''.Y"'"! 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) Thornwald Home ORes"""" 00l10r-~ to. Race: AmericalIndi.., BIactI, While. ek:. (Spec'" White 11. OeoedenI'sUsual most 01 wen' 1Ie.00notslaklrMired KlndolWork KindofBusil8lS/Induat1y Antique dealer Antiques . 16. Decedenl'sMailingAddressIStreet.cilyflt7Ml,stakl.zjpCOCle) 201 Todd Circle Carlisle, PA 17013 18. Fllher's Name (Firs1, middle. last, sufIb:) 12. W. Decedenl.... illhe U_S.AnnIIdFoo:es? Oy" Il!INo -. AdualResiclence 17aSllie PA 1.. MarIIaI Status: MM'ied, Newlr Married, W_.Divon:ed(_ widowed DiI_ liveilll Township? 17c. 0 Yes. Decedent Uved In 17d. Gl ~~UvedwitNl Top 'lb.eo...ty r'nrnhl:>r bmr'l 19. MoIher's Name (F'nt. middle, mlliden sumane) Carlisle CltylBoro e '!l ~ Frederick JoSeph Troll 2Oa. Ir1forIM1rsNlIl1'llt (Type/Print) William D. Spangler : OClwn_ 000nab 21b."""oI-'(Moo~.",...o:) : :-...":"'""':"'~"""""OY"ONo Dec. 2, acII 22b. I.i;ense Number 010343-L sarah Ida Wilson ~.'o"':"""~':"i!9~';"'.t~';i~~~J Park, MD 20653 -l "'Ihe lime. dale a1d pI8ce stated. (SIgnaUe m.) (/ ~ R.rJ 24rrne7o? 5 25~t:;"'~,"? ~oo G. CAUSE OF DEATH (Seelnatruc:tlOM.nd ...mplin) IIem Z], PART 1: Enllllr 1Ie~. dilIealIes, injuries, Ofcomplicallons -lhatdhcly caused tle deal\. 00 NOT enter terminal evenls II.I::h as C8'dillC im!S1. respiratory orresl, or venticullf filrilallon wiIIoul showng the etiology. List only (JIlt cause on each me. =~=-.:;. L7/.~ J~ ~~. Dueto~MqUef'lCeof): 21. PlacoolObpooitionIN...oI_._"_....J 21d. Locabl (City I town, staIB, zip code) . 219 N. Carlisle, PA 17013 Crematory, Inc. ;1.M0 : Approldmllleinlerv8l: : 0nIel100eatl P81II: Enlerolhl!lrsimificanllXl'llilrnl cadrbJIinD 10 death bulnotresultinginlheundertylngQl.lSlt~ilParll. :~ /~L...' COP]) 28. DidTobaccoUteConIribu6eIoDeath? Oy" 0""""", ONo !!Iu......, 29.K_, &110I__....,,.., 0""""""'"""'01_ o NoIpregnllll,bu/pnognanlwihin.2da" oIdealh o NoIpregn.....""'pregn...43daysUl'..... cldelllh o Un......__.......,... 32t. Place of I~: Home. Fam, SInlel, Fadofy. 00<08_.....1_ ~ial_.r"". b CUllt IiRd on Iitle i. EnIer UMlERLYING CAUSE Iclle8se Of ~ till WIated!he lM!lnlsresullnglfldeall)LAST. .. Du.to(Dl'_'~oij: Due 10 (or... conaequenc:e of)' o v" '\if"" o y" 0 No 31. M.....oIOoolh 32o.Oalool....._."'.Y"'"! ~..... OHaon- 0- 0__ 32d.r..oIki'" 0- OCouk1Nol..__ 32;. Localion olinfur)' (StraIt, city f kMn, stale) 301, w...Auklpsy ..........,., 3ltl._Aulapeyf'lrDngoo A'IlIIabIe PrIor 10 Coopelion of Cause of DNth? ~ ~ ~ I 321.nr~",,~(_ 0"'" I Open'" OP,,""'9" M. 00h<._: 33a C.rtIfiM(cI1ectOtiyonel 33b. . Cof1IIylng_n(~_cauaeol_____has~_'""_Item231 ~ To 1M bHtof"" knowIedgI,~ occ:urred duetotht cauM(1)lndllWlMl'lIltIttjt_ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ __ JRr . =:..~-=~~.:::=.=:=:'.~:.:"'~":f'~"""""...lII1<Immm___mm.Il 330. UconIo_ P/A.{) tf?JN:Z'/? . = ~= and I or InYHtIgItIon, 1ft my opin60n, dIIrh occurRd 81: 1M IimI, dill. snd pIKI, snd due to tht QUH(s) II'Id mInntr -1ItItflt _..D 34, Name and Addms of Person Who Completed Calle 01 0eaIh (Item 27) Type/ Print 36 """,,"'_."'......1 P/hV1I&L/ ~ ~ Ict I I 181 ( 101 $0 M8"/U/~ ,J;hI-/N6J-. ~~'""~~ 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 >-j:O 0 following named persons who survive me:; =2 () ~ . :};}-r, I DaVId P. Spangler, grandson, .2;;, 52 -.I William T. Meadows, grandson, and:-)8~ ..." ,_._~.) c- :J: 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. <":;~~j~ ---n (~ :._,~ r iUl 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 (, ~ - ~u= w~/' . '- -iJij. 11, QKJJ 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 r-.> CODICIL 0 ~ ;:', { Co "'---t <~- ::1J ( ) "'D g :-: l:CO c-> ~ ~ 7_; r- , , -- "'7rTl I ~T~ ~ :::'0 -.I -,~ 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