HomeMy WebLinkAbout02-21-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY,PENNSYLVA~A
Estate of
Dianne M. Devereaux
File Number .dJ -- 61- (J7 f..g ~
also known as
. Deceased
Social Security Number 195- 2 8 - 4541
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE ~, or 'B' BELOW:)
iii A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is I ~e
last Will of the Decedent dated APril 6, 199 3 and codicil(s) dated None
Rxp-cutor
named in the
(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 born or adopted after execution of the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: None
D B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate)
Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If
Administration, c.t.a. or db.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Name
Relationship
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
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Decedent was domiciled at death in Cumberland Co.unty, Pennsylvania with his / her last principal~nce at N
?702 Loqan Street. Borouqh of Camp H1.11 /~ ~
(List street address, town/city, township, county, state, zip code) U I
'.- ' ,.' '.... ~)
Decedent, then 70 years of age, died on February 1, 2007at Holy Spirit Hospital, East
P~~n~hnro Tnwn~hip, Cumberland County, PA.
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) 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
$1.400.00
$
$
$ None
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
T ed or rinted name and residence
PA 17011
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
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 ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
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Sworn to or affirmed and subscribed'
;'1 8T
before me the.P</ ... day of
February
2007
Signature of Personal Representative
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For the Register 4
Signature of Personal Representative
File Number: :;'1- 0-' - 1(0 ~
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Estate of
Dianne M. Devereaux
, Deceased
Social Security Number: 195 - 28 - 4 541
Date of Death: February 1. 2007
AND NOW, February :ll 2007 . in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Raymond C. Devereaux
in the above estate
and that the instrument( s) dated A p r i J h, 19 9 3
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters ............... $)0.00
Short Certificate(s) . . . . . . . . $ 4 CD
Renunciation(s) .......... $
\. ~\,\ . . . $ \ 6" ~ 00
JCR ... $ 5.00
~~-:t-Oh'- . . . $ to .OD
. .. $
. .. $
...$
...$
...$
...$
TOTAL .......... .... $ 5J..l.00 48:>
Attorney Signature:
Attorney Name: Richard C. Snelbaker
Supreme Court LD. No.: #06355
Address: 44 West Main Street
~echanicsburg, PA 17055-0318
Telephone: ( 71 7 ) 6 97- 8528
Form RW-02 rev. 10.13.06
Page 2 of2
i05.805 REV 1105
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 fihng.
WARNING: It is illegal to duplicate this copy by photostat or photograph.
No.
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Fee for this certificate, $6.00
P 13106024
FEB 0 3 2007
Date
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COMMONwEALTH OFPENNSYLVANtA. DEPARTMENT OF HEALTH. VITAL RECORDS
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Disposition Permft No.
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LAW OFFICES
SNEL.BAKER
a
BRENNEMAN
LAST WILL AND TESTAMENT
I, DIANNE M. DEVEREAUX, of the Borough of Camp Hill,
County of Cumberland, and Commonwealth of Pennsylvania, being of
sound and disposing mind, memory and understanding, do make,
publish and declare this as and for my Last Will and Testament,
hereby revoking and making void all former wills and codicils by
me at any time heretofore made.
FIRST. I order and direct that all my just debts and
funeral expenses be paid by my Executor or Executors, as the
case may be, hereinafter named, as soon as conveniently may be
done after my decease.
SECOND. I give, devise and bequeath all the rest, residue
and remainder of my Estate, real, personal and mixed, whatsoever
and wheresoever situated, unto my husband, RAYMOND C. DEVEREAUX,
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absolutely and in fee simple, if he survives me bycas man~~s
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sixty (60) days. . :--n PI
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THIRD. If my husband, RAYMOND C. DEVEREAUX, ...~~~ n~
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survive me by as many as sixty (60 ) days, then and~ tha tl:?
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event, I give, devise and bequeath all the rest, residue a~
remainder of my Estate, real, personal and mixed, whatsoever and
wheresoever situated, in equal shares unto my four children,
namely, TIMOTHY J. LEIPHART, TODD R. DEVEREAUX, BETH L.
DEVEREAUX and STEVEN C. DEVEREAUX, share and share alike,
absolutely and in fee simple.
If any of my said children should predecease me, I
order and direct that the foregoing share of my estate
attributable to such deceased child shall be distributed among
his or her lawful issue per stirpes by representation and not
per capita, subject, however, to the protective trust provisions
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LAW OFFICES
SNELBAKER
a
BRENNEMAN
as contained in Item Fourth hereinbelow with respect to any
beneficiary who has not attained the age of twenty-five (25)
years at the time for distribution.
FOURTH. If any beneficiary hereinabove has not attained
the age of twenty-five (25) years at the time of distribution, I
order and direct that the distributive share of such person
shall be paid over and delivered unto DAUPHIN DEPOSIT BANK AND
TRUST COMPANY, of Harrisburg, Pennsylvania, (or its successor by
merger, consolidation or other corporate reorganization) as my
testamentary Trustee, IN TRUST, NEVERTHELESS, to hold, manage,
invest, accumulate income and reinvest until said beneficiary
attains the age of twenty-five (25) years, at which time said
trust shall be terminated and the net proceeds thereof be paid
over to the beneficiary absolutely.
I authorize and empower my said Trustee to invest the
assets of said trust in any reasonable manner and not be limited
or restricted to so-called "legal" or statutory investments for
fiduciaries.
I designate any trust hereunder to be a spend-thrift
trust. The beneficiary shall have no right to invade, pledge,
assign or otherwise dispose of the assets of said trust
(including income) nor shall any creditor of a beneficiary have
any right to seize, levy or execute upon said assets by reason
of any pledge, assignment or other transfer, voluntarily or
involuntarily, made by said beneficiary.
I further authorize and empower my said Trustee to
use, consume, expend and apply from time to time such amounts of
principal and income of and from said trust which in the
exercise of its sole discretion shall be determined to be
reasonable and necessary for the beneficiaryls education. The
term "education" shall be construed and interpreted to mean
-2-
college or other post-highschool training which is intended to
improve the beneficiary's productivity as an adult or enhance the
quality of his or her life. In considering what is reasonable
and necessary, my said Trustee shall take into consideration the
primary responsibility of the beneficiary's surviving parent to
provide such education. It is my will and intention that the
foregoing discretionary provision for education shall be
supplementary to the parent's primary responsibility.
LASTLY. I nominate, constitute and appoint my husband,
namely, RAYMOND C. DEVEREAUX, to be the Executor of this, my Last
will and Testament, but if for any reason he should fail to
qualify as such Executor or cease so to serve, then and in that
event, I nominate, constitute and appoint my sons, namely,
TIMOTHY J. LEIPHART and STEVEN C. DEVEREAUX, (or either of them
in the event that one should fail to qualify or case so to serve)
to be the Executors hereof, each and all to serve without bond or
other security as a condition of qualification hereunder.
IN WITNESS WHEREOF, I, DIANNE M. DEVEREAUX, have hereunto
set my hand and seal to this, my Last will and Testament which
consists of three (3) typewritten pages to each of which I have
affixed my signature this 6th day of April A.D., One Thousand
Nine Hundred Ninety-three (1993).
~4#~~. ~~~~ (SEAL)
Dlanne M. Devereau
LAW OFFICES
SNELBAKER
a
BRENNEMAN
The preceding instrument, consisting of this and two (2)
other typewritten pages, each identified by the signature of the
Testatrix, was on the date thereof signed, sealed, published and
declared by DIANNE M. DEVEREAUX, the Testatrix therein named, as
and for her Last Will and Testament, in the presence of us, who,
at her request, in her presence, and' he presence of each
other, have subscribed our names as wit
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COUNTY
OF
CUMBERLAND
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SSe
COMMONWEALTH OF PENNSYLVANIA
We, DIANNE M. DEVEREAUX, RICHARD C. SNELBAKER and JANET R.
STEGNER, the Testatrix and the witnesses, respectively, whose
names are signed to the attached or 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 Testament and that she had 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 a
witness and that to the best of his or her knowledge the
Testatrix was at that time eighteen years of age or older, of
sound mind and under no constraint or undue influence.
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Witness
Subscribed, sworn to and acknowledged before me by DIANNE M.
DEVEREAUX, the Testatrix, and subscribed and sworn to before me
by RICHARD C. SNELBAKER and JANET R. STEGNER, witnesses, this
6th day of April, 1993.
~~~~;.~O '7:f. ~
Notary Public
LAW OFFICES
SNELBAKER
a
BRENNEMAN
NouriaI Seal
Ca\tl8ri09. E. Boo5lJTl..!.~~ CW'1tY
. ~..;"do,.KTl eorough vun ~ I<'! ~
~IQJ~ E>q:kes Feb. 27,1994
My,