HomeMy WebLinkAbout01-12-07
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
Estate of Vernon Pauline HOFFMAN No. tll-- () 7 - 1-/ ~
also known as
, Deceased
Social Security No. 206.36-4197
Philip V. Hoffman
Petitioner(s), who islare 18 years of age or older, appl(ies) for:
(COMPLETE 'A' or 'B' BELOW)
[!] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor
the Decedent, dated 11/12/2003 and codicils dated
named in the last Will of
State relevant circumstances, e.g., renunciation, death of executor, etc.
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of If\e documents
offered for probate; was not the victim of a killing and was never adjudicated Incompetent:
o B. Grant of Letters of Administration
(c.t.a; d.b.n.c.t.a; pedante lite; durante absentia; durante mlnOrltate)
Petltioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs:
ame
eSI ence
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was dOmiciled at death In Cumberland County, Pennsylvania with hislher family
or principal residence at 72 Ladnor Lane, South Middleton TownShle
(list stree , number, and municipality)
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98
years of age, died 12/23/2006
at 72 Ladnor Lane, Carlisle, Cumberland County, PA
(Location)
Decedent, then
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: Cumberland County, South Middleton Twp
$
$
$
$
Unknown
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Unknown
Philip V. Hoffman
Prepared by the PennsyIvlInIa Bar Assoc:IaIlon
Copyright (c) 2004 fOlTn software only The Lackner Group. Inc.
Form RW-1 (1991)
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petltloner(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 Petltioner(s) and that, as personal representatlve(s) of the Decedent, Petltloner(s) will
wen and 1ruIy adnin_Iha..1ate accon!lng In law. X ~ Ie' . / /
Sworn In or afIInned and subaaibad _ 0/ 1.---
J..,.) PhlllpV. offman ~
before me this I a+ day of
No. 2..1 -/)"1- 42-
Estate of
also known as
Vernon Pauline HOFFMAN
, Deceased
S
Date of Death:
12/2312006
,c:)lOOr
, in consideration
of the Petition he reverse side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters [!)Testamentary Dof Administration
(c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
are hereby granted to Philip V. Hoffman. Executor
in the above estate and that the Instrument(s) dated 1111212003
described In the Petition be admitted to probate and filled of record as the last Will of Decedent.
FEES
Letters........................................$ I.. ql.DO . OD
Short Certlflcate(s~.....................$ J:2. ()C)
Attorney:
Ivo V Otto III
Renunciation..... ............ ............. $
Affidavits ( ).........................$
Extra Pages ( )':&C'.bf:.:.:.....$ IS- - CO
1.0. No: 27763
Martson Deardorff Williams & Otto
Address: 10 East High Street
Carlisle, PA 17013
Telephone: 717-243-3341
Codicil...................................... ..$
JCP Fee.....................................$ --1 0 . Cf..::>
E-Mail:
Inventory.. .................................. $
Other..........................................$ S-. 00
TOTAL........................... $ 40 z. () c.;>
Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc.
Form RW-1(1991)
:05.805 REV 1/05
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.
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Local Registrar
Fee for this certificate, $6.00
p
12995641
DEe 2 7 2006
Date
_10REV1112l101
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COMIIONWEALTH OF PENNSYLVANIA -DEPARTMENT OF HEALTH - VITAL RECORDS ~ ~
CERTIFICATE OF DEATH '0 --l
(See Inlllructlonll end eump1e8 on nMll'88) STATE FI.E NliIiiiER
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Vernon M. Hoffman
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March 24, 1908 Carlisle, PA
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Wayne McGinnes
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Philip V. Hoffman
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F:\FILESIDA T AFILE\Eslale Planning\7276-2. wiIl.2
LAST WILL AND TESTAMENT
I, VERNON PAULINE HOFFMAN, of South Middleton Township, Cumberland County,
Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare
this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me
made.
1.
I direct that all my just debts, funeral expenses, testamentary expenses and all inheritance
taxes (whether such taxes may be payable by my estate or by any recipient of any property) shall be
paid from my residuary estate as soon as practicable after my decease and as part of the
administration of my estate. My Executor shall have no duty or obligation to obtain reimbursement
for any such tax so paid, even though on proceeds of insurance or other property not passing under
this Will.
2.
I give and bequeath all of my jewelry and any of my furs which she should select to my
granddaughter, KIMBERLY ANN HOFFMAN. I further give unto KIMBERLY ANN HOFFMAN
the sum of Ten Thousand Dollars ($10,000.00), free of any inheritance or estate tax.
3.
I give and bequeath all of my machinery and equipment used in maintaining my farm
property and my household furniture and furnishings, automobiles, books, pictures, wearing apparel
and all other articles of household or personal use or adornment, not otherwise disposed of in
paragraph 2 of this Will, to my son, PHILIP V. HOFFMAN. (") ~
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I give the sum of Five Thousand Dollars ($5,000.00) unto my sister, HELEN ~~EIGES.
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I specifically decline the exercise of any Power of Appointment vested in rr!.~J~ the W~ or ~:i ;;:,~?;
~..;.-::.. ..c:.-: <.....')
any Trust Agreement executed by my husband, PHILIP REYNOLD HOFFMAN, presently exi~ng
or as shall exist or be amended at any future time.
</ J/. ,#
V.P.H.
Page 1 of 6 Pages
- \
6.
I give and devise all of my real estate to my son, PHILIP V. HOFFMAN, ifhe survives me,
absolutely.
7.
I give, devise and bequeath all the rest, residue and remainder of my estate, not disposed of
in the preceding portions of this Will, to MELLON BANK, N.A., IN TRUST NEVERTHELESS,
to be held, administered and distributed in accordance with the terms of and as part of Trust "B" of
a certain Agreement of Trust executed by said MELLON BANK, N.A. (formerly The
Commonwealth National Bank), as Trustee, and by Philip Reynold Hoffinan, as Grantor, on the 19th
day of September, 1979, as may be amended by any subsequent agreements.
8.
In addition to the powers conferred by case law, by statute, and by other provisions hereof,
my Executor and Trustee and their successors, shall have the following discretionary powers
applicable to all property held by them which powers shall be effective without order of any court
and shall exist until final distribution:
a. To retain any property of any nature received by them for whatever period they shall
deem advisable;
b. To invest and reinvest all or any part of said property in such stocks, bonds, securities
or other property, real or personal, as in their discretion they shall deem proper, without regard to
statutes limiting the property which a fiduciary may purchase;
c. To sell, transfer, exchange or otherwise dispose of, any part of said property, for cash
or on terms, publicly or privately, or to lease, even for a term exceeding five (5) years or the duration
of any trust herein, without liability on the purchasers or lessees to see to the application of the
proceeds, and to give options for these purchases without the obligation to repudiate them in favor
of a higher offer;
d. To execute and deliver any deeds, leases, assignments or other instruments as may
be necessary to carry out the provisions of any trust hereunder;
e. To borrow money, including the right to borrow money from any bank and to
11. ~.jJ
V.P.H.
Page 2 of 6 Pages
t ,
mortgage or pledge any asset of the estate as security;
f. To assume continuance ofthe status of any beneficiary with regard to death, marriage,
divorce, illness, incapacity and the like in the absence of information deemed reliable without
liability for disbursements made on such assumption;
g. To pay from the trust, or the income therefrom, all debts or claims against my estate,
or any taxes or similar charges on my estate;
h. To make any distribution hereunder either in kind or in money, or partially in kind
and partially in money. Distribution in kind shall be made at the market value of the property
distributed, and my Trustee, in its absolute discretion, may cause the share distributed to any
distributee to be composed of property similar to or different from that distributed to any other
distributee;
1. To exercise any subscription right in connection with any security held hereunder, to
consent to or participate in any recapitalization, reorganization, consolidation or merger of any
corporation, company or association, the securities of which may be held hereunder, to delegate
authority with respect thereto, to deposit investments under agreements, to pay assessments, and
generally to exercise all rights of investors;
J. To invest in endowment, insurance or annuity policies on the lives of beneficiaries
of any trust hereunder;
k. To continue in any partnership, joint venture, joint ownership or other business
enterprise of which I am a part at the time of my death;
1. To compromise claims;
m. To continue for whatever period oftime as they shall deem necessary any ownership
as a tenant in common or as a partner, in real estate or other property and to act as I could have done
had I been living;
n. To lend money to my estate or to any trust created hereunder or to purchase from the
estate or from any trust created hereunder, at the market value thereof at the time of purchase, any
securities or other property tendered to them by my estate or any trust created hereunder at any time
and from time to time within a period of nine (9) months after my death;
tJ.1!4J.
V.P.H.
Page 3 of 6 Pages
" ,
o. In the event that any amounts are payable hereunder or under any trust created
hereunder to a minor, or to a person otherwise under legal disability, or to a person not adjudicated
to be an incapacitated person, but who, by reason of illness or mental or physical disability is, in the
opinion of fiduciary(ies) hereunder, unable to properly administer such amounts, such amounts may
be paid by the fiduciary(ies) hereunder in his, her or their sole discretion in any ofthe following ways
as he, she or they may deem best:
1. Directly to such beneficiary;
2. To a legally appointed guardian of such beneficiary for the benefit of such
beneficiary;
3. To a person having custody of such beneficiary for the benefit of such
beneficiary;
4. By the fiduciary(ies) hereunder using such amounts directly to the benefit of
such beneficiary.
Evidence of the application or paYment of an amount in such a manner shall be a full and complete
discharge of the fiduciary(ies) hereunder to the extent of such paYment or application. This
paragraph shall be applicable to paYments of income as well as principal.
p. To employ agents, attorneys and proxies and to delegate to them such power as my
personal representatives and Trustees consider desirable and to pay reasonable compensation for
such services as may be rendered by such agents, attorneys and proxies;
q. To do all other acts in their judgment necessary or desirable for the proper
management, investment and distribution of my Estate.
9.
Any person who shall have died at the same time as Testatrix or in a common disaster with
her or under such circumstances that it is difficult or impossible to determine which died first shall
be deemed to have predeceased her.
10.
I nominate, constitute and appoint my son, PHILIP V. HOFFMAN, as Executor of my estate.
'fI./!.JJ .
V.P.H.
Page 4 of 6 Pages
" '\
In the event he shall be unable or unwilling to serve in such capacity, then I appoint MELLON
BANK, N.A. to act in such capacity.
11.
I nominate, constitute and appoint MELLON BANK, N.A. as Trustee under the terms ofthis
Last Will and Testament.
12.
I direct that neither my Executor nor my Trustee shall be required to file a bond to secure the
faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF I have hereunto set my hand and seal this /2?"-. day of
~ ~k 02en3.
d~. ..,t?~t ..(~1"^~ (SEAL)
V emon Pauline Hoffman---'
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.
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Page 5 of 6 Pages
" ..,
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
We, Vernon Pauline Hollinan, Ivo V. Otto ill and J, AA..L..:~, 4,,~ , the
Testatrix and the witnesses, respectively, whose names are signed to the 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 the Testatrix has signed willingly, and that the
Testatrix 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 a 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.
~-- A..4..~"1!"--
v~an, Tt. atrix
Witness
c~~
Witness
Subscribed, sworn to and acknowledged before me by Vernon Pauline Hof
Testatrix, and subscribed and sworn to before me by Ivo V. Otto III and
the witnesses, this /2-t--tuay o~~V~ p2cJ(J.J.
&;/;:~ A~
Notary Public
Page 6 of 6 Pages