HomeMy WebLinkAbout97-01029
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EST~TE OF DOROTHY A, BOYER
DECEASED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN/S COURT DIVISION
J::tTATIOt{
AND NOW, this
day of
, 1997, upon consider-
ation of the annexed Petition of Dauphin Deposit Bank and
I
Trust Company, it is hereby ORDERED AND DIRECTED that a
Citation issue direoted to the fOllowing persons to show cause
why a photooopy of the Will of Dorothy A. Boyer/deceased,
dated June 13/ 1990/ should not be admitted to probate as if
it were the original:
Charles Albert MoClain, Sis MoClain
(the sister of Charles Albert MoClain) / John Emanuel, Larry
McClain, Doris Davis, Charles Hocker, Jr., Benjamine Foose,
Maroia Wachhaus, and Colleen Kelley.
This Citation shall be returnable at a hearing to take
place on the ___ day of
/ 1997, in Court Room
of
the Cumberland County Courthouse,
Register of Wills
IV _ Should my said husband fail to be living on the sixty-first
(61st) day following my death, then I devise and bequeath all of my
estate of whatever nature and wherever situate unto Dauphin Deposit Bank
and Trust Company, IN TRUST/ nevertheless for the following uses and
purposes and under the following terms and conditions:
1. The tnlst shall be held for the benef it of my husband / s
daughter, Patsy Wheeler, and his grandchildren, Claude W. Wheeler, Jr.,
stephanie sturm and Douglas Wheeler. My trustee shall pay one-half of
the net income to or for the benefit of the said Patsy Wheeler, for the
rest of her natural life, and the other one-half of the income shall be
divided among her living children. Upon the death of the said Patsy
Wheeler, the trust shall terminate and the balance then remaining shall
be distributed among my husband's grandchildren or their issue per
stirpes. For the purpose of this provision, Jason C. Haas, the child of
the wife of Claude W. Wheeler, Jr., shall be considered as a great
grandchild of my husband just as though he was the issue of Claude W.
Wheeler, Jr.
2. In addition to the powers above provided for, and those
given by law, trustee, without any order of oourt and in its sole dis-
cretion, may:
<
Page 2
\It'lnrn ,~'~I,H':I:, \l1nll~il\~ III 1\\ ,'11l'l\llll.lf!\!HI" ",rlllll "'I 1!1111
A. Retain any property received hereunder and invest and rein-
vest in any prudent investment, including but not limited to, common or
diversified trust funds maintained by trustee and any form of life
insurance, annuity or endowment policies; settlor's dwelling house or
other real estate; and in so doing settlor's trustee may act without
restriction to so-called legal investments and without responsibility
for diversification.
B. Keep reasonable amounts of cash in bank uninvested.
c. Purchase investments at premiums and charge premiums to
income or principal or partly to each.
D. Subscribe for stocks, bonds or other investments; exercise
any stock option or similar right; join in any plan of lease, mortgage,
merger, consolidation, reorganization, foreclo~ure of voting trust and
deposit securities thereunder; and generally exercise all the rights of
security holder of any corporation.
E. Register securities in the name of a nominee in such manner
that titlo shall pass by delivery.
F. Vote in person or by proxy, securities held by it and in
such connection to delegate its discretionary powers.
G. Repair, alter, improve or lease for any period of time any
property and give options for lea~es.
H. Sell at public or private sale, for cash or credit, without
or with security, and exchange or partition property and give options
for sales or exchanges.
I. Borrow money from any person, including any executor or
trustee, and mortgage or pledge any property.
J. Compromise claims.
K. Add to the principal of any trust created hereunder any
property received from any person by deed, will or in any other manner.
L. Pay premiums of any life insurance, annuity or endowment
policies which may have been retained or purchased herein and exercise
any right, option or privilege thereunder.
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M. Advise with settlor's exeoutor in the use of expenses and
losses as deduotions for fedotal income tax or estate tax purposes, or
party for each, as it shall be deemed advisable, without adjustments
between inoomo and principal in oonsequence of the exercise of such
discretion,
N, Tr~at au incomo nIl inoome accrued and unpaid on assets at
the time such assats beoome 0 part of this trust.
0, Mnko distribution in cosh or in kind or partly in each.
P. ExorciuM nil power, authority and discretion given by this
trust after terminatiun of any trust created herein until the same is
fully distribut:<!.L
Q. Settler's fiduciary shall be entitled to compensation for
services hereunder in aooordance with the standard schedule of charges
currently in ettact at the time the services are called upon, and from
time to time dudnq t.he period over which such services are performed.
v - r appoint my husband, W. D. Boyer, Executor of this, my Last
Will and Testament. ShOUld my said husband fail to qualify or cease to
act as such, then I appoint Dauphin Deposit Bank and Trust Company as
Executor of thIo, mi' Last Will and Testament. My personal representa-
tives shall not be required to post bond in this or any juriSdiction.
It is my requent that my executor engage John E. Slike, Esquire, of the
law firm of Arnold & SIlke, as attorney to assist them in the adminis-
tration of my eAtate.
IN WI'l'NEaS WIIEIUX)F, 1 hllvl!I hereunto set my hand and seal on this
the ___...I.S 'Ifo__ dllY of _*'-'< , 1990.
#~)I-t';-f~ il. Ji~/-<--./
rothy A. Boyer
" (SEAL)
."
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Si,n'd, ...,.d, PObli.h.d 'nd d'Ols"d by DDROTH' A. SO,'", ...tst'i,
th"'in n...., on this snd too, (') oth'r .h..t. ot ..." s. 'nd tor h.r
La.t "11 .nd ...t'..ot, in 00' pr...no., Hho, in h., pr.oono., ot h.r
r.,o..t, ond in t~. pr'..noo ot 'ooh oth.r, ho.. h.r..,to 'ob.Oribsd oor
names as attestin9 witneSses.
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'li1~1.,m""I'JOI$
IN RE: DOROTHY A. BOYER,
DECEASED
BEFORE THE REGISTER OF WILLS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO,21.97. I D Z (1
~
TO: CHARLES ALBERT MCCLAIN:
Greetings:
You are hereby cited to be and appear before me, MaryC. Lewis, Register of Wills of Cumberland
County, Pennsylvania, on or before the 5 T~ day of FE:BR~l" R '/ , 19j~, at my office
at 10 : ()() _ o'clock, -A-..M, , to show cause why a photocopy 01 the Will, dated June 13, 1990, of
Dorothy A. Boyer, Deceased, should not be admitted to probate as if It were the original.
Given under my hand and seal of office at (JIfR 1../ iiL E , ILL
JAt-..ILtA-R..'-/ ._,19 q~ .
, this .;:L N D day of
~, "~
rYl.cu & ( (), .d....
MARY1' LEWIS
[ii' "''''0, ,I. 109
!' ':,,' 1"~l\'" ","I"IVll"11 .1?04).~I99 ,
" 'i" -;- I
liltphon. (717) 161.4'40
T.ltcopl., (1111161.)015
'.-.-----
IN RE: DOROTHY A, BOYER,
DECEASED
BEFORE THE REGISTER OF WILLS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-97. 'Ol~
ORDER
," 11<1f
,( ~t~""!:~,,";{ / I'
AND NOW, this ~:,:",:day of~Oecelf~199r~ upon consideration of the annexed Petition of
Dauphin Deposit Bank and Trust Company, it is hereby ORDERED AND DIRECTED that a Citation issue
directed to the following persons to show cause why a photocopy of the Will of Dorothy A, Boyer, deceased,
dated June 13, 1990, should not be admitted to probate as if it were the original: Charles Albert McClain,
Sls McClain (the sister of Charles Albert McClain), John Emanuel, Larry McClain, Doris Davis, Charles
Hocker, Jr., Benjamin Foose, Marcia Wachhaus and Colleen Kelley.
As Petitioner has been unable, after reasonable efforts, to obtain a current address for Charles Albert
McClain. and Sls McClain, ( the sister of Charles Albert McClain), Petitioner shall give notice to said
Individuals of the above.described Citation by publication once a week during three successive calendar
weeks In the Cumberland Law Journal and a newspaper of general circulation at or near the last known
residence of each said Individual.
This Citation shall be returnable at a hearing to take place on the 5T~_ day of FfBRLV1R.'f,
1998, in GotJrt Ream __ of the Cumberland County Courthouse.
R,E:C.11:;' H' R.. t. F \J'J I U:)
Rm, I ()2..
, )??L~
Regls(er of, s
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1illcil,l.r (711t'61'J01F
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IN RE: DOROTHY A, BOYER,
DECEASED
BEFORE THE REGISTER OF WILLS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 21.97. 102.9
~
TO: COLLEEN KELLEY:
Greetings:
You are hereby cited to be and appear before me, Mary C, Lewis, Register of Wills of Cumberland
County, Pennsylvania, on or before the .5 n-l day of FF8Ru.t\R...., , 19. q ~., at my office
at
10:00
o'clock, ~.M" to show cause why a photocopy of the Will, dated June 13, 1990, of
Dorothy A. Boyer, Deceased, should not be admitted to probate as if It were the original.
Given under my hand and seal of office at tl\R L I:::' L(' I P A .
, this .,2 r-C D day of
JA!\1lAi\R'1
, 19:iL,
molt:J. C Xu;JJJ Pf/l V ~.AajJ
MARY . LEWIS
[:;Y~'~~~~~;'I"ftl~ 17~"OI09 "
---
nl,.hoft' (7171761.,4140' ',,;,
,nl'Clijlltt (117) '''.JOII'' !;'
.-.. .... -- .,.... .,.,,,-._.,,,.._,,.,,,1
..-,....<_..._~..,.-......u....___..i<
IN RE: DOROTHY A, BOYER,
DECEASED
BEFORE THE REGISTER OF WILLS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 21.97. 10 l. ~
C.lIA11ON
TO: LARRY MCCLAIN:
Greetings:
You are hereby cited to be and appear before me, Mary C. Lewis, Register of Wills of Cumberland
County, Pennsylvania, on or before the 5m day of FI::BRvJ\R'-J . ' 19~, at my office
at 10: 00
o'clock, ~,M" to show cause why a photocopy of the Will, dated June 13, 1990, of
Dorothy A, Boyer, Deceased, should not be admitted to probate as if It were the original.
Given under my hand and seal of office at c'IH\LI~LE I PA~
, this <:Q N D day of
.J"/~\A.AR\'
, 19..1l_. ,
--
rr..tlAL C'.
MAR C. L WIS
.~ vnvrpj/jJj)~
,&!o,_.(117) 111.4140'; ,c !
1IlIo0oFltt,m')'.t '"qll;,
'i.i'......."',. ,_"'-'-- -. -.-.".,. -.,-- ,-,,- ,., - -_.- "'--'-"'_~:';J;
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IN RE: DOROTHY A, BOYER,
DECEASED
BEFORE THE REGISTER OF WilLS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 21.97. 107.'1
ClIAILOtJ
TO: DORIS DAVIS:
Greetings:
You are hereby cited to be and appear before me, Mary C, Lewis, Register of Wills of Cumberland
~ '-14
County, Pennsylvania. on or before the 0' day of FE'.BRUA R~I , 19 "(<t, at my office
at 10 : DC,
o'clock, A_,M., to show cause why a photocopy of the Will, dated June 13, 1990, of
Dorothy A. Boyer, Deceased. should not be admitted to probate as if it were the original.
Given under my hand and seal of office at _c..AKLI~I.Jo'l PA,
, thill .;l..~ _ day of
J"AN Ltlt~'/
,19~,
IVv1~C'luwJ)~'LV~~
MAR C. LEWIS ' .
1ilt,hoiW (717) "1
1iltcopitr (7171 7t:. ~'.
, I'
IN RE: DOROTHY A, BOYER,
DECEASED
BEFORE THE REGISTER OF WILLS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
10')/1
NO, 21.97- .... I
CJIAJ:K>>J
TO: CHARLES HOCKER, JR,:
Greetings:
You are hereby cited to be and appear before me, Mary C. Lewis, Register of Wills of Cumberland
County, Pennsylvania, on or before the ~~ Tit day of ..l:t'f:.R\-\/1 f<:. 'I .' 19 Cf'il , at my office
at
10 :('0
o'clock, ~.M" to show cause why a photocopy of the Will, dated June 13, 1990, of
Dorothy A, Boyer, Deceased, should not be admitted to probate as if it were the original.
Given under my hand and seal of office at (~A~LI.::..L,E' I PA,
, this .;:).~ day of
:rl-\tJ lA" ~ 'I,
,19~,
l~C~t(A.0.Lf>U'VI'Y~(~~
MARY ,LEWIS .,
'l' lUll '
, ;'''lIl1.,I"ftll 17043.0109
1I1.phQI'II 17171,181'4'.40'
1il'~Qpjlr (~17) 161.""11'
IN RE: DOROTHY A, BOYER,
DECEASED
BEFORE THE REGISTER OF WILLS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 21.97. i OJ.. {I
CJIAIJ.O.N
TO: BENJAMIN FOOSE:
Greelings:
You are hereby cited 10 be and appear before me, Mary C, Lewis, Register of Wills of Cumberland
County, Pennsylvania, on or before the .5 HI day of Fe BRLlf\ R'/ , 19 (I ~, at my office
at 10:00
o'clock, ~,M.. to show cause why a photocopy of the Will, dated June 13, 1990, of
Dorothy A. Boyer, Deceased. should not be admitted to probate as if It were the original.
Given under my hand and seal of office at ~AK:ll:;:' Lt' I PA,
, this _<>LN D day of
.JANu.AI''/
, 19 q~ .
, -
~,c,~pt\ VrYYJvw~,
MARY . LEWIS
I"~\:l\~'''' ,Q '...' 1011 ' , '
~l,::><:_., "nnl,I..nl. /'04),oiot" .
r~~';;':i,iit'\i:'i-->"" ;', -, "
1!!'.,~, ('II')'., '.'4OIIh"li.;~
~1,,,,1"171'1 '11'J~j.'l:',I"
r-- - I :_:,-,\;:--:~':';i"'f~
IN RE: DOROTHY A, BOYER,
DECEASED
BEFORE THE REGISTER OF WILLS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21.97. /02..(1
CJIAI1f2N
TO: MARCIA WACHHAUS:
Greetings:
You are hereby cited to be and appear before me, Mary C. Lewis, Register of Wills of Cumberland
County, P'3nnsylvanla, on or before Ihe 5 Iii day of FEe R u 1\ R'/ , 19 q (, at my office
at 10:00
o'clock, _lL...M., to show cause why a photocopy of the Will, dated June 13, 1990, of
Dorothy A. Boyer, Deceased, should not be admitted to probate as if it were the original.
Given under my hand and seal of office at CARl.l~ l.E, PA
. this .,;2ND day of
JPtNW,"R.'t
,19.:!L.
Il1"'M1C~~l vrrV)fU~
MARY C. LEWIS
~:Joil' lOt '
.. '".,,:*lIN,lv.iI~. 11\143.0109
,1'
'~I..bOlI. (l1n "1' '
. , nl""ltt C7l'1 ~'l
IN RE: DOROTHY A, BOYER,
DECEASED
BEFORE THE REGISTER OF WILLS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 21.97. !O"l.')
QlIAI1.QtJ
TO: JOHN EMANUEL: '
Greetings:
You are hereby cited to be and appear before me, Mary C. Lewis, Register of Wills of Cumberland
n\
County, Pennsylvania, on or before the 6 day of F"tSRUAR'/ , 19.-.i~ , at my office
at 10'00
o'clock, -L.M., to show cause why a photocopy of the Will, dated June 1:3, 1990, of
Dorothy A. Boyer, Deceased, should not be admitted to probate as if It were the original.
Given under my hand and seal of office at C.A R.U::' Lei PA.
,this .;LiJD day of
.rAi-\I..lA~'1
,19 q'i> .
'1'y\M~ [', 'N.4U)) (JVL VWV}ulIX.lJtJ2r
MARY C. LEWIS
1lI1..,holle 17171 761'4'40' , _,
,.aecople, (717) t.I;30IS' '>",
IN RE: DOROTHY A, BOYER,
DECEASED
BEFORE THE REGISTER OF WILLS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 21-97- 10 L cl
CJIAI<<W.
TO: SIS MCCLAIN:
(the sister of Charles Albert McClain)
Greetings:
You are hereby cited to be and appear before me, Mary C. Lewis, Register of Wills of Cumberland
5TH
County, Pennsylvania, on or before the day of Fr::~R.UI\R."j ,19 9~ ,at my office
at
IO:OC'
o'clock, -A-.M., to show cause why a photocopy of the Will, dated June 13, 1990, of
Dorothy A Boyer, Deceased, should not be admitted to prolJate as if it were the original.
Given under my hand and seal of office at ~1t1'LISLt', PA,
,this .;LN D day of
,J"A~iA.I\R. 'I
,19~.
-1YlctUj C'~~~hVni}uLl!~
MARY d. LEWIS ' '
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUN1'Y, PENNSYLVANIA
ORPHANS' COURT DIVISION
:m RE:
'rHE WILL OF:
DOROTHY A. BOYER,
Deoeased.
No. 21~1997-1029
TRANSCRIPT OF PROCEEDINGS
Before:
RALPH H. WRIGHT, JR.
Date:
February 5, 1998, 10:05 a.m.
Plbce:
Cumberland County Courthouse
Carlisle, Pennsylvania
ORIGINAL
APPEARANCES:
SAIDIS,GUIDO, SHUFlI & MASLAND
BY: KARL, M. LEDEBOHM, ESQU I RE
FOR - DAUPHIN DEPOSI'r BANK AND TRUST COMPANY
LAW OFFICES OF SAMUEL ANDES
BY: SAMUEL L. ANDES, ESQUIRE
FOR - THE WHEELER FAMILY
ALSO PRESENT:
MARY C. LEWIS, REGISTER OF WILLS
Amy R. Fritz, R.P.R
Court Reporter-Notary Public
C.P,C,R.S, @ fastfngers@aol,com
(717) 258..3657 or (800) 863-3657
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INDEX TO TESTIMONY
WITNESSES DIRECT
Thomas W, Walker 4
Patsy L. Wheeler 6
Donna L, Wheeler 20
Stephanie sturm 29
John E. Slike 34
CROSS
REDIREC'I'
RECROSS
INDEX TO EXHIBITS
NO. ' DESCRIPTION MARKED IIDMITTED
1 Last will and testament of Dorothy 3 43
A. Boyer
2 Original codicil to last will and 3 43
testament of Dorothy A, Boyer
3 Codicil to t.he last will and 3 43
testament. of Dorothy A. Boyer
'4 Copy of the last will and testament 3 43
of Wilbur D. Boyer
C.P,C"R,S, @ fastfngers@aol,com
(717) 258-3657 or (800) 863-3657
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(petitioner's Exhibits Nos. 1-4 were
marked. )
PRO C E E 0 I N G S
MR. WRIGHT: This is the time and the place for
the hearing on the petition of Dauphin Deposit Bank and
Trust Company to admit a photocoPY of the will of Dorothy
A. Boyer to probate,
Does the petitioner wish to make an opening
statement?
MR, LEDEBOHM: In lieu of an opening statement,
I would just like to present to Mr, Wright a memorandum of
law. I have an original, which I'm handing you, which
reviews the issues which are before the Register of Wills
today. Do you need any additional copies?
MR. WRIGH'!': No,
MR. LEDEBOHM: As a preliminary matter as w811--
I don't know if this is the correct place to do it. We may
need to do it down in the Register of Wills' Office after
the proceeding today, But I have a Certificate of Service,
the certificate and the petition on all the intestate heirs
listed in the petition, as well as other interested
parties,
MR. WRIGHT: You can enter that into the record,
if you'd 11 ke .
MR. LEDEBOHM: At this time, I would like Lo
C.P.C.R,S, @ fastfngers@aol.com
(717) 258-3657 or (800) 863-3657
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Q. And as such member of the trust department, are
you familiar with a codicil of Dorothy A, Boyer?
A, I am.
Q, Now, for the reoord, Mr, Walker, I'm showing you
what's been marked as Petitioner's Exhibit Number 2. Do
you recognize that document?
A. I do,
Q. And what is that document?
A, That's a codicil to the last will and testament
of Dorothy A. Boyer dated August the 6th, 1991.
Q. And does that document appear to be an original
of that oodicil?
A. It does,
Q. When did you first see that document?
A, Personally, about two days ago.
Q, And was that dooument in the possession of
Dauphin Deposit Bank and Trust two days ago?
A, Yes.
Q, And as a result of my request, was that document
retrieved and delivered to my office?
A. It was.
Q. And, Mr, Walker, you're representing Dauphin
Deposit Bank and Trust in its petition here today for the
probate of the will of Dorothy A. Boyer dated June 13th,
1990 and a codicil which has been marked as Petitioner's
C.P.C.R.S. @ fastfngers@aol.com
(717) 258-3657 or (800) 863-3657
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A. Wilbur D. Boyer.
Q, And he, of courso, was IIwn:iod 1:0 Dorothy II,
Boyer, Is that right'?
A, 'fes.
Q. And he was married to Dorothy Boyer at the time
of his death. Is that right'?
A. 'fes.
Q. After your father's death, did you have
occasions to visit Dorothy Boyer'?
A. Yes.
Q. And about how often did you visit her'?
A. About every day.
Q, Would you visit her on your own, or would
somebody accompany you?
A, Sometimes it was by myself, sometimes one of my
children were with me.
Q. What was the purpose of you visiting Ms, Boyer?
A. Well, we took her to the store or to the
doctor's, made sure that she took her medicine, got her
meals, arranged for nurses when she needed to come in to
help out,
MR. SLIKE: We didn't have the witnesses sworn.
MR. LEDEBOHM: The witnesses which petitioner
intends to call are Tom Walker, who has already given
testimony; Patsy Wheeler, who is currently giving
C.P.C.R.S. @ fastfngers@aol.com
(717) 258-3657 or (800) 863-3657
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testimony; Donna L, Wheeler and Claud W, Wheeler and
stephanio Sterm, as well as .John l':.SUke.
MR. WHE:8LER: My name has no middle initial,
MR. LEDEBOHM: Oh, I'm sorry,
MR. WHEELE:R: It's Claud Wheeler, Junior,
MS. STURM: And my name is sturm, S-t-u-r-m.
MR. LEDEBOHM: Okay.
(Witnesses sworn en masse.)
BY MR. LEDEBOHM:
Q. Continuing with the testimony of Patsy Wheeler,
Patsy, for the record, all the testimony that you have
heretofore given, is it true and correct to the best of
your knowledge?
A, Yes.
Q. You had stated that you had visited Ms. BoySr
just about every day after your father's death up until she
died in July of 1997?
A. Yes.
Q, NoW, you ran her errands and took care of
getting her medicine for her. Did you also take. care of
her financial affairs?
A, Yes.
Q, Would that have included paying bills?
A, Yes,
Q. Did Ms. Boyer have a habit of mislaying
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important documents?
A, Yes,
" Could you go into some detail concerning that?
A, Well, I had bills to pay, and sometimos I would
go down there and I'd ask her where her bills were; she
didn't know. She'd say, wait, I have to look for them; I
don't know where I put them, And than two different times
her gas bills were overdue; she must have thrown them out.
And then when I finally got them, I saw that they weren't
paid for a couple of months,
Q. Did there come a time when Dorothy requested you
to retrieve her wills?
A, Yes.
Q, And when was that?
A, Well, she was one to look at them, and they used
to be kept in a little safe up in her closet. And I asked
her, I said, why aren't these wills there. And she said,
oh, I don't know. She said, your dad must have put them
somewhere, She said, I don't know why he put them
somewhere and didn't tell me. IInd he had al ready been
dead, and the wills were there after he died.
Q, When you say the wills were in the safe after
your father passed away, how do you know that?
II, Because we got them out after he had diod when
the funeral director was there to see if thore was any
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1 had copies of all his investments and everything, and we
2 qat this from him,
3
Q.
Now, Paul Velencifl, thouyh, to tho best of your
4 knowledge, did not retain the original will, Is that
5 right'l
6
A,
NO,
7
Q,
And the original wills would have been kept in
6 the safe that you spoke of earlier?
9
10
A.
Yes,
Q.
Does that copy of the last wl11and testamerit of
11 Dorothy A, Boyer reflect Dorothy's signature?
12
A.
Yes,
13
Q,
And you having taken care of her financial
14 affairs, are you familiar with Dorothy A, Boyer's
15 signature?
16
17
A.
Yes,
Q.
Looking at the signature, which appears at the
16 bottom of Petitioner's 1, the signature of Dorothy A.
19 'Boyer, do you recognize that to be the true and accurate
20
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signature of Dorothy A, Boyer?
A. Yes.
Q. And, in fact, if you flip through petitioner's
1, does her signature appear on each page of the will?
A, Yes.
Q. And does it appear at the end of the will/as
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A. Ves,
Q. And you recognize all of those signatures as the
signature of Dorothy A. Boyer?
A,
Q.
A,
Q,
right?
A.
Q,
Yes,
Is the will dated at the end?
It just has 1990,
The day and month are not filled in. Is that
That'l;!, right,
directing your attention to the very last page
of the will represented by Petitioner's 1, does that also
contain a true and accurate photocopy of Dorothy A,
Boyer's Signature?
A. Yes,
Q. And does the notary on that page include the
date that that document was signed and notarized?
A, Yes,
Q. And what is the date that appears on
Petitioner's 1?
A, 13th day of June, 1990,
Q, Now, Patsy, you stated that after your fathe~'s
death when you retrieved the original will and codicil, you
had occasion to read those documents. Is that right?
A. Yes.
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1
Q, And in those cOl1versa tions, did the topic of her
will ever oome up?
A. , 'les,
Q. And what can you tell us about the oonversa tions
you would have had with Ms. Boyer shorll y before her death
oonoerning her will?
2,
3
4
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6
7
Well, about two days before she died when she
A,
8 was in the hospital, I had asked her if that's the way she
9 wanted to keep her willi the way it was, and she said yes,
10
When you asked her whether she wanted to keep
Q.
11 the will the way it was, did you have a copy of the will to
,12 show her at that time?
I
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13
A,
No,
14
Did you talk about the contents of the will?
Q.
15
She just said that she -- she didn't want the
A,
16 hunting camp in Perry County to be sold. And I said, well,
11 that's the way it is in your wiil. And she said, well,
18 that's the way I want it to stay,
19
Now, the provisions dealing with the sale of the
Q,
20 hunting camp, does that appear in Dorothy Boyer's will or
21 the codicil?
22
23
A.
In the codicU.
Q.
Did you and Ms, Boyer review verbally any of the
24 contents of her will shortly before her death?
25
A,
No, just that about t.he hunting camp.
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Q. Now, Patsy, I'm showing you what's been marked
as Petitioner's Exhibit 2. Do you recognize that document?
A. Yes.
Q. And what is that document?
A. That's a codicil to Dorothy's will ,
Q. And when did you first see that document?
A. When we got them out of the safe after my dad
died.
Q, Then at that time, you also had an occasion to
read that codicil, Is that correct?
A. Yes"
Q. Take a look through the codicil which is marked
as Petitioner's 2,
(Witness perusing document.)
Q. Is that document substantially the same as the
document which you read shortly after your father's death?
A. Yes,
Q. And, in fact, the Petitioner's Exhibit 2, the
codioil of the last will and testament of Dorothy A. Boyer,
does that appear to be an original document?
A, Yes.
Q. And is that document dated?
A. Yes,
Q. And wha t is the da te on that dooumen t"
A. August 6th, 1991.
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Q, And does that document bear the signature of
Dorothy A, Boyer?
A, Yes,
Q, And taking a look at that signature, do you
recognize that as the actual signature of Dorothy A, Boyer?
A. Yes.
Q. Directing your attention back to Petitioner's 1,
the last will and testament of Dorothy A, Boyer, when you
compare the signatures on the codicil and the will, do they
appear to be the same signature?
A. Yes,
Q. After Dorothy's death, did you have an occasion
to search for the original will of Dorothy Boyer?
A, Yes.
Q. And where did you look for it?
A. We looked everywhere in the house. We took
everything out of the drawers. We looked everywhere; the
refrigerator, anywhere she could have put it.
Q, Did you look in the safe?
A, Yes.
Q. And you could not find the will or th,e oodicil,
in the safe?
lI, No,
Q, Did you find a copy of the will or the codicil
in the safe?
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A. No.
Q, What other types of documents did Dorothy keep
in the safe in her bedroom?
A. She had CDs, and she had insurance policies and
investment things that she had with Paul Velencia,
Q, Were you familiar with the specifiC items that
were in the safe prior to Dorothy's death?
A. Yes.
Q. You said that she had CDs. How many CDS did yqu
knoW to be in the safe prior to Dorothy's death?
A. Three,
Q. And what financial. institution were those
certificates of deposits with?
A, Harris savings.
Q. And when you searched for the will and searched
the safe after Dorothy passed away, did you locate th~
three CDs in the safe?
A. There was only two of them there.
Q. Did you then look for the third CD in the house?
A. Yes,
Q. And did you ultimately find the third CD?
A. Yes.
Q. And where did you find it?
A. In the drawer of her sewing machine, I didn't
find that CD; my daughter did. We were both there l.ooking
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for things, and she's t.he one that found It,
Q. When you say your daughter, who are you
referring to?
A, stephanie sturm.
Q. Were you the only person that looked through the
house for the will?
A. No.
Q. Who else helped look through the house?
A. My son, my daughter-in-law, my daughter,
Mr, Slike was down.
Q. When you say your son and your daughter-in-law
and your daughter, if you could fill in the names for the
record, please.
A. My daughter, stephanie sturm; my 80n, Claud
Wheeler, Junior and my daughter-in-law, Donna Wheeler.
Q. To your knowledge, did anybody else have access
to the house after Dorothy's death and prior to the time
that you looked for the will?
A. No.
Q. To this day, has the orig ioal will of Dorothy A"
Boyer been located?
A. No,
MR. LEDEBOHM: I,have no further questions,
Petitioner would call Donna L. Wheeler as the
,next witness.
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DONNA L. WHBELER, called as a witness, being
previously duly swcrn, was examinod and testified as
follows:
DIRECT EXAMINATION
Bt MR. LEDEBOHM:
Q, Good morning, Donna. Could you staLe your name
and spell your name for the record?
A.
Q,
Boyer?
A.
Q,
away?
A.
Q,
A.
Q.
Sure, Donna L. Wheeler, W-h-e~e-l-e-r.
Donna, what is your relationship to Dorothy A,
I'm her grandson's wife,
And did there come a time when Ms. Boyer passed
'fes.
And was that in July of '977
'fes.
Did you have any contact with Dorothy Boyer
shortly before her death?
A, 'fes,
Q, And when did you have contact specifioall y with
Ms. Boyer before her death?
A, Oh, about once a week. And I had contact,
actually before her husband died, pretty much in the same
kind of regular basis because I went down and looked after
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him while she was ill also,
Q, Did there come a time when Dorothy Boyer asked
you to retrieve her will from her safe?
A. Yes,
Q. And approximately when did that take plaoe in
relationship to her death?
A, About two weeks.
Q. About two weeks prior to her death?
A, Yes,
Q, Was anybody else present when Dorothy asked you
to retrieve her will?
A. No,
Q, Did you I in faot, retrieve her wi 11 from tne
safe in her bedroom?
A. I retrieved an envelope from the safe she had
asked me to get down. She didn't actually ask me to get
her willi she asked me to get an envelope,
Q. If I could back up a moment. How did it come
about that she requested you to retrieve the envelope from
the safe?
A. We were just visiting and talking about my son
from a previous marriage, how he had come down and changed
a light bulb for her, And she was talking about how he'll
come down and just help her out with everything; he used to
go down and mow her lawni he put locks on the doors for
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her, And we were talking about: him and how much they
enjoyed having him down. And she said, would you get that
envelope out of my safe up there in the closet.
Q, When you referred to your son, what is your
son's name?
A, Jason C, Haas.
Q. I think you stated you then retrieved the
envelope pursuant to Ms, Boyer's request?
A, Right.
Q, Did you open the en~olope?
A, 'x'es.
Q, And what did you find inside the envelope?
A.I found a codicil to her will,
Q. Donna, directing your attention to Petitioner's
Exhibit Number 2, do you recognize that document?
A. 'x'es.
Q. And what is that document?
A, This is a codicil to the camp in Landisburg that
they owned,
Q, Is that the codicil to the last will and
testament of Dorothy A. Boyer that you looked at: when you
opened the envelope?
A. 'x'es, It is,
Q. Now, did you look at: an original codicil or a
copy of the codicil?
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she had room to lie down and then everything else was,
like, around her.
Q. When you say everything else, what type of
things'?
A, Mail, magazines, puzzles, crossword puzzles,
anything she might want to do during the day.
Q. Now, did you have an occasion to read the
codicil that you retrieved from the safe at Dorothy Boyer's
request?
A. Yes.
Q. And looking at Petitioner's Exhibit 2, does that
contain substantially the same language that was in the
copy that you retrieved from the safe?
A, Yes.
Q. Did Dorothy Boyer ever state to you that she
wanted to revoke her will?
A. No.
Q. Did she ever state to you that, she wanted to
change her will?
A. No. She did say that she did not want to'change,
it, though,
Q, r'm sorry?
A, She did say that she did not want to change it,
She never said she wanted tOi she said she did not want to.
Q, Did she make that comment during your visit
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A. Okay, Well, J don't know of any pilrUcular
document. It was just sort of common knowledge that she
misplaced things, And I'd often see her looking for things
when I was dOWn there, And I'd ask her if I could help,
and she would say no, so I didn't help, But many times,
you know, looking. Sometimes It would just be her glasses,
and other times I don't know what it was,
Q, After Ms. Boyer's death, did you have an
occasion to help look for the original will in Ms. Boyer's
place of residence?
A, 'fes, I did, I didn't go down initially when
they were first lookIng, but I had gone down later on,
Q. And did you have any success in locating the
original will?
A, No, I dId not,
Q. Ate you familiar with Dorothy Boyer's signature?
A. No,
MR. LEDEBOHM: Mr, Wright, I ha~e two additional
witnesses which I would be able to call at this time;
however, I believe their testimony would be cumulative.
They would corroborate -- taking Claud Wheeler,
initially, he would testify that he read the will a week
before Dorothy Boyer's death at the same time that Donna
Wheeler has testified to, that he is familiar with tho
contents, that the copy represented by Petitioner's 1 is
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1 reporter will be able to hear what you're saying?
2
Yes.
A.
3
Q,
Thank you, Now, Dorothy A, Boyer passed away on
4 July 27th of 1997. Is that rIght?
5
A.
Yes, it is,
And prior to the time of her death, dId you have
6
Q,
7 a lot of contact with Ms, Boyer?
8
A. Yes, I dId.
Q, And about how often would you vislL her?
A. lid vislL every day,
Q. And about what Ume period are we talking about
t.hat you visited her every day?
9
A.
It could be sometimes all day, a couple hours,
14 It was on a dally basIs.
15
Q,
Would you have done that over a period of months
16 or years prior to her death?
17
18
A.
PerIod of months.
Q.
And when you went to visIt Ms, Boyer, what was
19 the purpose of your visits?
20
To make sure she ate, td take ,he~ to doctor's
A.
21 appointments, to grocery-shop, whatever errands ~he needed
22 to run, I did for her,
23
24
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Q.
And did you know that Ms, Boyer had a will?
A,
Yes, I did.
Q,
Did you ever see the will?
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A. Not in her place, no.
Q. Did you ever see it prior to her death?
A, Yes.
Q, Directing your attention to Petitibner's Exhibit
1, do you recognize that douument?
A. Yes, I do,
Q, And what is that document?
A, That's Dorothy's will.
Q. And when did you see that docament prior to
Dorothy's death?
A, I saw it about a month after she died,
Q. A month after she died?
A. Yes.
Q. So you didn't see the will prior to her death?
A. No.
Q. Now, when you say you sa~ her will a month after
she died, did you see an original of her will?
A. No.
Q, '1'0 your knowledge, was the original ,will ever
found?
A. No.
Q. Now, you stated you visited Ms. Boyer every ~ay
for several months prior to her death, Did you know her to
have a propensity to mislay important documents?
A. Yes I all the time.
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-
Q. Could you give us a little bit of detail?
A. She'd put stuff on hor bed, In her dnsk, just
anywhere, on her nightstand, She never knew where her
things were, She was always looking for thorn,
Q, What was the condition of her bedroom like prior
to her death?
A. It was neat exoept for on her bed where she laid
everything,
Q. And when you say every thing/ what types of
things?
A. Magazines, newspapers/ her mail, just anything
she wanted to have there.
Q. Are we talking about a oouple of magazines, or
would there be a lot of stuff on her bed?
A. 'l'here was a lot of stuff,
Q, And from time to time, would she clean house?
A. Yes/ some/ but basically she stayed in her
bedroom,
Q. Did you ever know her to remove the items tha t
she had stored on her bed?
A. Yes.
Q. And how would she do that?
A, She'd just take them and throw them away,
Q. She wouldn't go through the individual documents
or magazines that she had on her bed; she would just scoop
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them up and throw thomout?
A. Yes.
Q, Pdor to Ms. Boyer's dealt!, diq she ever discuss
her will with you?
A. Just that she wanted to keep things the way they
were because she said that that's what her husband decided
on and that's the way she wanted it to be kept,
Q. And when would have been the last time that
Ms. Boyer made that type of a statement to you prior to her
death?
A, About two weeks before,
Q. Two weeks before her death?'
A, Yes.
Q. Did she ever discuss with you the contents of
her will?
A. She just said whatever she had was left to my
mother, Pat Wheeler; my brother, Rusty Wheeler and my other
brother, Doug Wheeler and myself,
Q. Now, did you have an occasion to help search
Dorothy Boyer's house for the original will after her
death?
A, Yes, I did,
Q. And to your knowledge, was the original will
ever found?
.Il, . No , sir.
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Q. Has the original wIll been located to this day?
A, No, sIr,
MH, LIWEBOIIM: [have no further questions.
Mr, Wright, I just have one more witness to
call. and that would be John sliks.
MR. WRIGHT: Very well,
JOliN SLIKE, called as a witness / being
previously duly sworn/ was examined and testified as
follows:
DIRECT EXAMINATION
BY MR. LEDEBOHM:
Q. Mr. Slike, could you state your name and .spell
your last name for the record, please?
A. John E. slike, S-l-i-k-e,
Q. And what is your occupation?
A. I'm an attorney,
Q. And how long have you been an attorney'?
A. 41 years.
Q. And during the 41 years as an attorney, have you
"
practiced here in Cumberland County?
A. Yes; primarily in Camp Hill.
Q. And during your practice, did you have an
occasion to have a client by the name of Dorothy A. Boyer?
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A, Yes, WB did, She and hur husband wero clients
of our of rice for, perhaps, i;O YOil n, pI" lor' to tho I r doallw.
They were primarily the clients of my decoDsed partner,
James Arnold, who died in 1985, Arl.ur dIm died, Lhen on
occasions whon they wan Led legal work, which was primarily
their wills, they come to see me,
Q, When was the first time that Mr, And Mrs. BOyer
came to see you for a will?
A, Well, my recollection is that I first met with
him in 1990, And I met primarily with W.D. Boyer, known as
Pete Boyer. He would come in; he was the one that usually
handled the financial affairs. So then, I believe,
discussing the 1990 will, I met with him first, And then
after the documents were prepared, he and his wife came
back to sign them.
Q. Mr. Slike, directing your attention to what's
been marked as Petitioner's Exhibit 1, do you recognize
that document?
A, Yes. That's a document that was prepared in our
office, At the time, the firm name was Arnold & SIika.
And it has the sIgnature of Dorothy A. Boyer. I'm not that
familiar with her signature, so I can't verify whether
that's her signature or not, But my signature appears as
one of the attesting witnesses. And on the notarization,
that is my signature.
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Q, Okay, And what is the date that appears on the
notary?
A, '['he dato in the notary indicalos 13th of Juno,
1990, and Thelma McCauslin notary was a secretary in my
office at that time.
Q. Now, typically when you prepared a will and had
your clients sign a will, would the notary notarize that
document the same day?
A, The same day, yes, I would have them appear
with me; they would sign the document in my presence; it
would be witnessed, and then the notary would execute it
the same day,
Q. Mr. Slike, directing your attention to what's
been marked as Petitioner's 2, do you recognize that
documen t'?
A. Yes. That's a codicil prepared in our office in
1991, That contains the signature of Dorothy A, Boyer and
also contains witness signatures of myself, which I
recognize as my handwriting, and Ann C. Roland, who was a
secretary in my office at that time.
And the notarization, again, contains the
signature of Dorothy A, Boyer, myself and Ann Roland, and
it's verified by the notary, Thelma S. McCauslin,
Q. And as fhr as you can tell by iooking at
Petitioner's Exhibit 2, is that the originai codicil?
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A.
That is the original codicIl,
ol-dinarIly
prepared only one OJ iginal, and thon l11 UlOr 11 photorJOpy
would be given [:0 tho client [lnd r would J:(~tain il photocopy
in my file, which ordinarily are conformed caples,
This copy, which is Petitioner's Exhibit Number
1, contains the signatures of Dorothy Boyer, I don't know
how they appeared. Perhaps she signed those copies.
Whether it was in my presence or not, I'm not certain,
Q, This instance -- and perhaps you stated this.
After Dorothy Boyer signed her will, she kept the original
copy, Is that corr'ect?
A. I would deliver the original copies to the
clients, And simultaneous with the execution of this will
was the execution of her husband's will, Wilbur 0, Boyer,
which I think bears the same date.
Q. Directing your attention, Mr. Slike, to
Petitioner's 4, do you recognize that document?
A, Yes. That's the will of W.O. Boyer, also known
as Wilbur D. Boyer, bearing the samB date as Dorothy
Boyer's Will, June 13th, 1990. And the two wills,
Petitioner's Exhibit Number 1 and Petitioner's Exhibit
Number 4, appear to be mirror copies of each other, or
reciprocal wills.
Q, The will represented by the copy which is marked
as Petitioner's 4. do you know if that has been submitted
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A. Yos. ] I.s 11 codIcil, ilnd it boars a daLe of 6th
of August, 1991, It hml my handwrlUnq, and tho S slash
indicates that she Siqned I.t. Sometl.mes I would print in
the name of Uw person; t.hoy s lqned another Lime. They
just put S slash to show that it was signed. It also has S
slash JES. Those aro my initials, and that's what I
customarily do; and Lhen S slash Ann Roland for the other
witness. It does noL bear Uw notari.zaUon, and I usually
do not conform the page regardlnq the notarization.
1~e exhibit also contains a conformed copy of
Dorothy Boyer's will. Now, that shows S siash Dorothy A.
Boyer, and I recognize Ann's handwriting to be the
handwriting of my secretary of many years, Thelma
MoCauslin.
It also shows Thelma McCauslin's signature at
the end of the will conforming the signature of Dorothy A.
Boyer. And it shows the dates of 13th day of June, 1990,
and that's in my handwriting.
And then the witness page shows S slash John D.
Slike, S slash Kim E. Kelly. That's printed, and that's my
printing. Kim E. Kelly was a secretary in our office at
that time.
Q. Now, at the time that you have a client come in
to sign the will and when you meet with them, is it your
practice to have an original and several copies to conform
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at the same time?
A. My practice is to have ol1e odgina] ilnd two
copies of the wilL I retain one for aliI' fUe and deliver
a copy to the client. On occasion, they ask for additional
copies, and we would prepare additional copios if they
wanted. I usuDlly havo them sign only the original will
rather than signing the copies.
Q. Immediateiy after a client signs his or her
will, do you then conform the copy that you retain for your
f lle?
A. I generally do it in their presence. We go over
the original and one copy to them and retain a conformed
copy in my file.
Q. If I could just have you compare Petitioner's
Exhibit 2, the original codicil, to Petitioner's Exhibit 3,
the conformed copy of the codicil taken from your file, do
those documents appear to be substantially the same?
A. They're one in the same.
Q. Similarly if I could have you compare
Petitioner's 1, the photocopy of Dorothy A. Boyer's will,
and the conformed copy of Dorothy A. Boyer's will,
Petitioner's 3, do those documents appear to be
substantially the same?
A. They're ol1e in the same.
Q. Did you have an occasion to assist Patsy Wheeler
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in lookinq for Lho orJgIni\l wUl after Durothy' s death'?
A. Yes. 1 wont down to the houso. And as they
stated, tWI: bedroom, while thoy said it was neat, it may
have been neat, but It was filled with things.
1~e safe was on the shelf in the closet, and we
looked there. They mentioned that thero was a briefcase
that she had or she of Len kept documents in, and they
thought maybe she had put it in this briefcase. But they
had looked in that, and I saw the briefcase, and it was not
in there. I asked them to turn the house upside down to
see if they could find a copy of the will, and they could
not.
I might add that regarding the father's will,
they told me that after he had died, there were some slack
certificates; it may have been the CDs she's referring to,
or other stock certificates that they thought would be in
the safe. They had looked for the documents after the
father died. They weren't in the safe.
And then on a subsequent visit, they found them
back in the safe. And apparently Dorothy Boyer had located
them in some other place and put them in the safe after her
husband had died.
Q. To your knowledge, has the original will been
located to this day?
A. It has not.
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MR. LEDEBOHM: 1 have no further questions.
petitioner rests.
MR. WRIGH'i': Would 'Iou like to move that your
evidence be entered?
MR. LEDEllOHM: Yes, I wou Id. 'rhe peU Lionel'
would move for the admission of Petitioner's 1, the last
will and testament of Dorothy A. Boyer; petitioner's 3, the
codicil to the last will and testament of Dorothy A. Boyer,
the conformed copy and the conformed copy of the will of
Dorothy A. Boyer; Petitioner's Exhibit 2, the original
codicil to the last will and testament of Dorothy A. Boyer;
and Petitioner's Exhibit 4, which is a copy of the last
will and testament of W.D. Boyer, also known as Wilbur D.
Boyer.
I'd like to move 1 through 4 into evidence.
MR. WRIGHT: They will be admitted.
(petitioner's Exhibits Nos. 1-4 were admitted in
evidenoe. )
MR. WRIGHT: I note that we have some other
parties here. Would anyone else like to present evidence?
MR. ANDES: My name is Sam Andes. I'm here
because I represent the Wheeler family and some of the
witnesses who testified. I wish to produce no evidence.
MR. WRIGHT: The Register of Wills will take the
matter under advisement and render a decision in due
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I hereby oertify that the prooeedings nd evidenoe
are contained fully and aocurately in the notes taken by me
on the within proceedings, and that this copy is a correct
transcript of the same.
NOTAAIAL SEAL
A!IV FAin. Notary Public
0.",.,., Oumberland Oounly
My Oommllllon Explra. Fabruary Q, 2002
l. '-? \j-~',
Amy R. ritz, R.P.R
Court ~eporter-Notary .ublic
The foregoing oertification does not apply to
any reproduction of the same by any means unless under the
direct control and/or supervision of the certifying
reporter.
II
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NOTrOIl
--
TO; Chllrle. Alhert McClaln. SI. Mc.
Clatn (the sl.ter of Charles Alhert
McClaJnl. and other heir. of Oar.
othy A. Boyer. Deceased
NOTIcE IS HEREBY GIVEN that
a Hearlng IVtJI he held on Februal)' 5.
1998. at 10;000.10. In Room 102 of
the Cumberlond County Courthouse
(Register of WUlsJ for any Interested
persons to ShClW caUse why a photo-
copy of the Last WUI and Testament
of Dorothy A. Boyer dated June 13,
1990. should not be admitted to pro..
bate as U'1t were an ortglnaJ.
Karl M. Ledebohm, E8Cjulre
Attorney for Dauphin Deposit
Bank and Tru.t Co.
Petitioner
Jon, 16. 23. 30
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THE PATRIOT NEWS
THE SIJNDAY PATRIOT NEWS
Proof of Publication
~. .woved I.4$V 16. 1929
Commonw..llh 01 P,nn'ylv.nl., Counly 01 D.uphln) II
FrankJ. Epl.r being duly sworn according tu law, deposes and says:
That he Is Ihe Conlloller of THE PATRIOT.NEWS CO.. a corporation organlzad and existing under the laws 01 the
Commonweallh of Pennsylvania, wilh Ita principal office and place 01 business at 812 to 618 Markel Street, In the
City of Harrlaburg. County of Dauphin. State of Pennsylvania, owner and publisher of THE PAl RIOT-NEWS and THE
SUNDAY PATRIOT.NEWS nawspapers of general circulation, printed and published at 812 to 818 Market Street. In
the City, County and State aforesaid; that THE PATRIOT.NEWS snd THE SUNDAY PATRIOT-NEWS were estsbllshod
March 4th, 1854, and September 18th. 1949. respectively, and sll have been continuously published ever since;
That the printed notico or publication which Is socurely allached horoto Is oxactly as prlntod and publlshod In
thoir regular dally and/or Sunday and Metro oditlons/issuos which appaared on tho 12th. 191h and 26th day(s) of
January 1998. Ihal nolthor ho nor said Compeny Is Inlorostod in tho subject mallor of sold prlntod notico or
advortlslng, and that atl of tho allogotlons of this statement es to tho tlmo. placo and charactor of publication aro
true; and
ThaI ho has personal knowledgo of tho facls aforosald snd Is duly authorized and ompowored to verify this
statomont on boholf of The Potrlot-Nows Co. of ores aid hy virtue and pursuant to a rosolulion unanimously passed and
adoptod sovorolly by Ihe atockholders end board of dlroctors of Ihe sold Company and subsequenlly duly recorded In
the office for Iho Rocording of Deeds In and for sold County of Dauphin In Miscellaneous Book "M".
Volume 14. Pago 317..__---,,-. . (
PUBLICATION
COPY
,-'._':::=~~:+'u-~-' );. ;:~;,---_.---_..._----_._-----_._-
this 261h day,6f JaljUary 1998 A,D.
NolNi.1 Se~1 ' ) ~.-
TMy L. """.1I. NoWY PIJbIic .'/ .~, f!J.' '1 // ., <'.
Myc=tJolOo~~~Je~~w, " ~OriRypt~~~<"-"----
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..... ,'"'Ict..""..volwn""".._I.....U1bo
tlClIdIflF~',"...atlo:ooa,m,lnAooml~ ,
of tht Cumbtrlond County Courthou.. (Ae,l.ter '
.fWIII.) for Oftyln,.,..ftd ",tons to thow cou..
';-=Y:I~Yofttw LOItWllloMT..tamtntol
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SAlOIS. GUIDO. SHUFF & MASlAND
P.O. BOX 737
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st.tement 0' Advertising Costs
To THE PATRIOT-NEWS CO" Dr,
For publishing Ihe notice or publication altached horoto
on tho ebove staled dales $
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1.50
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Publisher's Receipt for Adverthing Cost
THE PATRIOT.NEWS CO., publlshor of THE PATRIOT.NEWS and THE SUNDAY PATRIOT-NEWS. newspapors of general
circulation, horoby acknowlodge reoolpt of the aforesaid notlco and pllbllcation costs and cerlifles that tho same have
beon duly paid. THE PATRIOT.NEWS 00.
BYH H"""'H HH" H' H"" H 'H' H H"" HH H H' 'H H H' ". HH H
")
The Codicil specifically states, "I, Dorothy A. Boyer, of the
Borough of Lemoyne, Cumberland County, Pennsylvania, declare this
to be the sole Codicil to my last will dated June 13, 1990." Item
II of the Codicil states, "in all other respects I hereby ratify,
confirm and republioh my last Will dated June 13, 1990, together
with this sole codi.cil as and for my last will." Both the original
Will dated June 13, 1990 and the Codicil executed August 6, 1991
were "mirror copies" of those executed by her husband on the same
dates.
Testatrix's husband, W. D. Boyer, died on December 22, 1996.
He was followed in death by Testatrix who died on July 29, 1997.
The Will of W. D. Boyer was also missing, but was admitted to
probate along with the original of his Codicil after a hearing
before the Register of Wills. The probate estate of W. D. Boyer
was estimated at $210,000.00. Since the Testatrix survived him, by
the terms of his Will, Testatrix inherited his entire estate with
the addition of her assets, Testatrix's estate is estimated to be
$466,500.00.
At the proceeding for the probate of the estate of w. D.
Boyer's Will, as will be the case in the instant proceeding,
testimony will be presented that Testatrix had a propensity to
misplace things or to inadvertently throw them out. There will
also be testimony that the Testatrix showed her Will to others
2
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after her husbands death and indicated t.hat she did not want to
make any changes.
Testatrix's Will provides that, if her husband predeceas~d
her, her Estate be held by Dauphin Deposit Bank and Trust Company,
in trust for the benef i t of her husband's daughter, Patsy Wheeler,
and her husband's grandchildren, Claude W. Wheeler, Jr., Stephanie
Sturm and Douglas Wheeler. The net income of the trust is to be
divided equally between Patsy Wheeler for the remainder of her
natural life and Patsy Wheeler's living children. The Will further
provides that upon the death of Patsy Wheeler the trust shall
terminate and the balance then remaining shall be distributed among
Testatrix's husband's grandchildren or their issue per stirpes.
The Codicil modified the terms of the original Will in that
certain real estate in Saville Township, Perry County, Pennsylvania
and the contents of the house located therein are to be retained
and maintained by the Trustee set forth in the Will for the purpose
of allowing Testatrix's "daughter, grandchildren, and other family
members to use the property from time to time without charge." the
Codicil further provides that, "upon termination of the trust, the
real estate and contents of the house shall be distributed in
accordance with paragraph IV(l) of my Will." since the Testatrix
had no children or grandchildren, her use of those terms in the
",J
3
custody of the Testatrix and, after her death, the Will can not be
found, "the proponent of the ~lill must overcome the presumption
that the Testatrix. destroyed or revoked the Will." 1.<.L., at 150.
However, the above presumption is rebutted and an unsigned
copy of a lost Will is nevertheless entitled to probate where
petitioner establishes I
"(1) that the Testatrix duly and properly executed
the original Will; (2) that the contents of the executed
Will were substantially the same as on the copy of the
Will presented for probate; and (3) that the Testatrix
had not destroyed or revoked her Will prior to death."
Id., at 150 citing, Michell v. Low, et al., 213 Pa. 526,
63 A. 246 (1906) .
Taking the third element first, it is well settled that "in
the case of a Codicil no revocation of the Will is presumed." III
rei Crook'iLEstate., 130 A.2d 185, 187 (1957). To the contrary, "If
any specific change in the Will is made by the Codicil, it
negatives by implication, an intention to make any other changes in
the provisions of the Will," Crook's Estate, sur>ra, at 187 citinq,
In rei Line's Estate, 221 Pa. 374, 70 A.791, 19 L.R.A., N.S., 293.
Therefore, the presumption that the instant Testatrix
destroyed or revoked the Will datEi June 13, 1990, is rebutted by
the existence of the original Codicil. This conclusion is further
supported by ir.em II of the instant Codicil which specifically
expresses the Testatrix's intent to "ratify, confirm and republish
5
''j
my last Will dated June 13, 1990, together with this sole Codicil
as and for my last Will."
As to the first element dealing with execution of the Will and
the second element dealing with the contents of the Will, John E.
Slika, Esquire, will testify that he prepared the Will dated June
13, 1990 on behalf of the Testatrix and that he witnessed the
Testatrix's signature. He then conformed the witnesses signatures
to the original will on a true and correct photocopy of the
original and his secretary ::onformed the signature of the Testatrix
on the same photocopy of the original Will. The conformed copy of
the Will in Mr. Slike's file is identical to the photocopy of the
original Will which bears Dorothy's signature.
(J
Although the execution of a Will and the contents of the Will
must normally be proven by the t.estimony of at. least two (2)
witnesses, Estate of Elizabeth Del Rossi, 23 D&C 4th 218, 224,
citing, Harrison's Estate, 316 Pa. 15, 173 A.401 (1934), the Court
of Common Pleas of Montgomery County concluded that when the
contents of the original Will are "not proven by parol evidence,
but by an exact photocopy of the decedent's completely executed
Will, the proponent need only meet the statutory requirements of
Section 3132 of the Probate, Estates and Fiduciaries Code to be
entitled to probate the photocopy." Estate of Del RO-IDll, supra, at
227.
6
"
Similar to the Will in Estate of Elizabeth Del Rossi, lWII..rsl.,
the instant photocopy of the lost will i.8 an exact photocopy of the
completely executed original and therefore satisfies the second
element relating to contents of the Will.
As to the first element relating to execution, Mr. Slike will
testify that he witnessed Mr. Boyer sign the original will and that
the photocopy including Testatrix's signature is an exact photocopy
of the origi.nal. Testatrix's stepdaughter, Patsy Wheeler, will
testify that she handled Testatrix's financial affairs, that she is
familiar with Testatrix's signature and that she recognizes the
photocopied signature to be that of 'I'estatrix. Additionally, the
original Codicil which does bear Testatrix's original signature
specifically refers to the will dated June 13, 1990 as being her
Will and republishes the Will. Therefore, there exists sufficient
evidence to substantiate that the signature on th'3 photocopy of the
June 13, 1990 Will is, in fact, that of Testatrix and that.
Testatrix executed the will represented .by the photocopy now
presented for probate.
Even if the instant photocopy of the Will is found not to
qualify for probate under the test expressed by the court in
Michell v. Lowe, mdQra., the instant photocopy of the will is
nevertheless entitled to probate along with the original Codicil
pursuant to the "doctrine of incorporation by reference." It is
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~'''11 established that "an unsl.gned document in the form of a Will,
although not probutable as a will, can be incorporated by reference
as part. of a valid Will."
Covert Estate, 70 D&C 2nd 330,
335(1975), citing, Sciutti Estate, 371 Pa. 536, 92A.2d 188(1952).
Initially, the copy of the will in the in8tant case contains
the Testatrix's signature. Additionally, it is noteworthy that the
instant Codicil is a valid expression of the Testatrix's
testamentary intent in its own right. The Codicil is signed at the
end and self proving.
As such, the Codicil satisfies all the
requirements for probate as the Will of Dorothy A. Boyer pursuant
to 20 Pa. C.S.A. section 2502.
The essentia). requirements for the application of the doctrinp.
of incorporation by reference are:
"(a) the Will must r"fer to the writing as being in
existence, (b) the writing must actually be in existence
at the time the Will is executed, (c) the reference must
clearly identify the writing, and (d) the reference must
show Testator's intencion to incorporate it in the Will"
Covert Estate, supr'a, at 335.
The instant Codicil clearly identifies the lost Will. The
Testatrix declares in the first paragraph that the Codicil ia, "to
be the sole Codicil to my last will dated June 13, 1990."
Additionally, item II of the Codicil expresses the Testat.rix's'
intention to, "rat ify, confirm and republish my last Will dated,
j
8
...,
June 13, 1990, together with this sole Codicil as and for my last
will.'1
Therefore, the above dlear references made in the Codicil
clearly identify the will represented by the photocopy and clearly
express the Testatrix's intention to incorporate the will
represented by the photocopy in the Codicil. The Codicil also
establishes that the will referred to in the Codicil was in
existence at the time the Testatrix executed the Codicil.
Finally, the testamentary intent of the Testatrix expressed in
the Codi.cil can not be carried out without referring to the
, conformed copy of the lost Will. The Pennsylvania Supreme Court in
Crook's Estate, supra, stated that "a Codicil and will must be
construed together as one instrument." Iq. at 187.
Item 1 of the instant Codicil requires that the, "real estate
and contents of the house shall be distributed in accordance with
paragraph IV(l) of my Will," being the will dated June 13, 1990.
Therefore, since the Testatrix's testamentary intent expressed in
the Codici 1 can not be given effect without reference to the
photocopy of the lost Will and the lost Will is incorporated by
reference in the Codicil, the Codicil and the photocopy of the lost
Will must be submitted to probate as one document.
,j
9
.'
""l
LAST WILL AND TESTAMENT
OF
DORO'l'HY A. BOYER
I, DOROTHY A. DOYER, of the BOrough of Lemoyne, cumberland county,
pennsylvania, declare this to be my [,ast Will and Testament, hereby
revoking any will previously made by me.
I _ I direct the payment of all my just debts and flmeral expen"
ses out of my estate as soon as may be practical after my death.
II _ I bequeath certain items of my automobiles and all other
articles or personal or household use, including household goodS, furni-
ture and personal effects, not including cash and securities, in accor-
dance with a written list made by me during my lifetime. In the absence
of such a list or designation on said list, I bequeath said items to my
husband, W. D. Boyer, i.f living, and if not, to his daughter, Patsy L.
Wheeler, to dispose of as she deems appropriate.
III _ I devise and bequeath all the rest, residue and remainder
of my estate of whatever nature and wherever situate unto my husband,
W. D. Boyer, providing he survives me by sixty (60) days.
( \ .
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AR\,/Ol..n &0 SLlKJI., ^'I''<lRN[Y~,^H.^W, :nn!l M^RKr.l~' Ilf,tt,C^~tr"IlILL,li^ l1nll
IV - Should my said husband fail to be living on the sixty-first
(61st) day following my death, then I devise and bequeath all of my
estate of whatever nature and wherever situate unto Dauphin Deposit Bank
and Trust company, IN 'PRUST, nevertheless for the following uses and
purposes and under the following terms and conditions:
1. The trust shall be held for the benefit of my husband's
daughter, Patsy Wheeler, and his grandchildren, Claude W. Wheeler, Jr.,
Stephanie sturm and Douglas Wheeler. My trustee shall pay one-half of
the net income to or for the benefit of the said Patsy Wheeler, for the
rest of her natural life, and the other one-half of the income shall be
divided among her living children. Upon the death of the said Patsy
.
Wheeler, the trust shall terminate and the balance then remaining shall
be distributed among my husband's grandchildren or their issue per
stirpes. For the purpose of this provision, Jason C. Haas, the child of
the wife of Claude W. Wheeler, Jr., shall be considered as a great
grandchild of my husband just as though he was the issue of Claude W.
Wheeler, Jr.
2. In addition to the powers above provided for, and those
given by law, trustee, without any order of court and in its sole dis-
eretion, may:
1}1
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Page 2
ARNOLD Ii.: S'-' 1\ E, ,\1-' (JItNI,\.~-^ I.LAW, 'llll'l MAR..t.I ~IIHTI. eMIr IIlI.L I'^ 110li
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11.. Retain any property recei./ed hereunder and invest and rein-
vest in any prudent investment, including but not limited to, common or
diversified trust funds maintained by trustee and any form of life
insurance, annuity or endowment policies: settlor's dwelling house or
other real estate: and In so doing settlor's trustee may act without
restriction to so-called legal investments and without responsibility
for diversification.
B. Keep reasonable amounts of cash in bank uninvested.
c. purchase investments at premiums and charge premiums to
income or principal or partly to each.
D. subscribe for stocks, bonds or other investments: exercise
any stock option or similar right: join in any plan of lease, mortgage,
merger, consolidation, rooryaniztition, foreclosure of voting trust and
deposit securities thereunder: and generally exercise all the rights of
security holder of any corporation.
.
E. Register securities in the name of a nominee in such manner
that title shall pass by delivery.
F. Vote in person or by proxy, securities held by it and in
such connection to delegate its discretionary powers.
G. Repair, alter, improve or lease for any period of time any
property and give options for leases.
H. Sell at public or private sale, for cash or credit, without
or with security, and exchange or partition property and give options
for sales or exchanges.
I. Bot"rOw money from any person, including any executor or
trustee, and mortgage or pledge any property.
J. compromise claims.
K. Add to the principal of any trust oreated hereunder any
property received from tiny person by dee(l, will or in any other manner.
L. Pay premiums of any life insurance, annuity or endowment
policies which may have been retained or purchased herein and exercise
any right, option or privilege thereunder.
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CODICIL TO
THE LAST WIl,L AND TESTAMENT
OF
DOROTHY A. BOYER
I, DOROTHY A. BOYER of the Borough of Lemoyne, Cumberland County,
Pennsylvania, declare this to be the sole codicil to my Last Will dated
June 13, 1990.
I - I direct that the trustee of the trust created in Paragraph
IV of my Will retain my parcel of real estate in Saville Township, Perry
County, PA and the contents of the house located therein during the
continuance of the trust; that the trustee pay the taxes, insurance and
1
necessary maintenance expenses from the trust and allow my daughter,
grandchildren, and other family members to use the property from time to
time without charge. Upon termination of the trust the real estate and
contents of the house shall be distributed in accordance with Paragraph
IV(l) of my Will.
II - In all other respects I hereby ratify, confirm and
republish my Last Will dated June 13, 1990, together with this sole
codicil as and for my Last Will.
IN WITNESS WHEREOF,
& (:1. day of
I bave hereunto set my hand and seal on this, the
0.
[l_u... c;,t~ 1/ P' , 1991.
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IV - Should my said husband f<lil t.o be living on the sixtY-first
(61st) day following my death, then I devise and bequeath all of my
estate of whatever nature and wherever situate unto Dauphin Deposit Bank
and Trust Company, IN TRUST, nevertheless for the fOllowing Uses and
purpOses and under the following terms and conditions:
I
1. The trust shall be held for the benefit of my husband's
daughter, Patsy Wheeler, and his grandchildren, Claude W. Wheeler, Jr.,
Stephanie Sturm and Douglas Wheeler. My trustee shall pay one-half of
the net income to or for the benefit of the said Patsy Wheeler, for the
rest of her natural life, and the other one-half of the income shall be
divided among her living children. Upon the death of the said Patsy
Wheeler, the trust shall terminate and the balance then remaining shall
be distributed among my husband's grandchildren or their issue per
stirpes. For the purpose of this prOVision, Jason C. Haas, the child of
the wife of Claude W. Wheeler, Jr., shall be considered as a great
grandchild of my husband just as though he was the issue of ClaUde W.
Wheeler, Jr.
2. In addition to the power.s above provided for, and those
given by law, trustee, without any order of court and in its sole dis-
cretion, may:
--
Page 2
'R\'(ll.rJ .~, SI,' " ", .\ II flU\'1 \~ \ I ,1\\\' 'I"', \1H:l.'I! ~I ''I I I I \ \!I' IIlll 1'\ ))!III
A. Retain any pr.operty received hereunder and invest and rein-
vest in any prudent investment, including but not limited to, common or
diversified trust funds maintained by trustee and any form of life
insurance, annuity or endowment policies; settlor's dwelling house or
other real estate; and in so doing settlor's trustee may act without
restriction to so-called legal investments and without responsibility
for diversification.
B. Keep reasonable amounts of cash in bank uninvested.
c. purchase investments at premiums and charge premiums to
income or principal or partly to each.
D. subscribe for stocks, bonds or other investments; exercise
any stock option or similar right; join in any plan of lease, mortgage,
merger, consolidation, reorganization, foreclo;ure of voting trust and
deposit securities thereunder; al~ generally exercise all the rights of
security holder of any corporation.
E. Register securities in the name of a nominee in such manner
that title shall pass by delivery.
F. Vote in person or by proxy, securities held by it and in
such connection to delegate its discretionary powers.
G. Repair, alter, improve or lease for any period of time any
property and give options for leases.
H. Sell at public or private sale, for cash or credit, without
or with security, and exchange or partition property and give options
for sales or exchanges.
I. Borrow money from any person, including any executor or
trustee, and mortgage or pledge any property.
J. compromise claims.
K. Add to the principal of any trust created hereunder any
property received from any person by deed, will or in any other manner.
L. Pay premiums of any life insurance, annuity or endowment
policies which may have been retained or purchased herein and exercise
any right, option or pri vi.lege thereunder.
II
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LAST WILL AND TESTAKENT
OF
W. D. BOYER
also known as WILBUR D. BOYER
I, W. D. BOYER also known as WILBUR D. BOYER, of the Borough at
Lemoyne, cumberland County, pennsylvania, declare this to be my Last
Will and Testament, hereby revoking any will previously made by me.
! _ I direct the payment of all my just debts and funeral expen-
ses out of my estate as soon as may be practical after my death.
II _ I bequeath certain items of my automobiles and all other
articles or personal or h~usehold use, including household goods, furni-
ture and personal effects, not including cash and securities, in ace or-
dance with a written list made by me during my lifetime. In the absence
of such a list or designation on said list, I bequeath said items to my
wife, Doro'Chy A. Boyer, if living, and if not, to my daughter, Patsy L.
Wheeler, to dispose of as she deems appropriate.
III _ I devise and bequeath all the rest, residue and remainder
of my estate of whatever natura and wherever situate unto my wife,
Dorothy A. Boyer, providing she survives me by sixty (60) days.
,
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AR.NOLD &: 51.11\[, "'TTORNl:vs.....r.l,l,W, 2lQ<J M^RKEl snr.r,T. C^MP H1U., PI, 111)11
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IV _ Should my said wife fail to be living on the sixty-first
(6~st) day following my death, then I devise and bequeath all of my
estate of whatever nature and wherever situate unto Dauphin Deposit BanK
and Trust company, IN TRUST, neverthelosS for. the following uses and
purposes and under the following terms and conditions:
1. The trust shall be held for the benefit of my daughter,
Patsy Wheeler, and my grandchildren, Claude W. Wheeler, Jr., stephanie
sturm and Douglas Wheeler. My trustee shall pay one-half of the net
income to or for the benefit of my daughter, Patsy Wheeler, for the res
of her natural life, and the other one-half of the income shall be divi
ded among my living grandchildren. Upon the death of the said patsy
Wheeler, the trust shall terminate and the balance then remaining shall
be distributed among my grandchildren or their issue per stirpes. For
toe pl\rpOse of this provision, Jason C. Haas, the child of the wife of
Claude W. Wheeler, Jr., shall be considered as a great grandchild of
mine just as though he was the issue of Claude W. ~~eeler, Jr.
2. In addition to the powers above provided for, and tho
given by law, trustee, without any order of court and in its sole dis-
cretion, may:
u- () iJJ II
^RNOLD 8< SlIKE, ^TiORNtVS.Ar,lJ,w.111l9 MAkKtT STUtT, CM,tp HILI., I'A 11~1 \
____._____ "_~._______~___<n _.__.
".
A. Ratain any property received hereunder and invest and rein-
vest in any prudent investment, InclUding but not limited to, common or
diversified trust funds maintained by trustee and any form of life
insurance, annuity or endowment policies; settlor's dwelling house or
other r~al estate; and in so doing settlor's trustee may act without
restriction to so-called legal investments and without responsibility
for diversification.
B. Keep reasonable amounts of cash in bank uninvested.
C. purchase investments at premiums and charge premiums to
income or principal or partly to each.
D. subscribe for stocks, bonds or other investments; exercise
any stock option or sImilar right; join in any plan of lease, mortgage,
merger, consolidation, reorganization, foreclosure of voting trust and
deposit securities thereunder; and generally exercise all the rights of
security holder of any corporation.
E. Register securities in the name of a nominee in such m~nner
that title shall pass by delivery.
F. Vote in person or by proxy, securities held by it and in
such connection to delegate its discretionary powers.
G. Repair, alter, improve or lease for any period of time any
property and gIve options for leases.
H. Sell at public or private sale, for cash or credit, without
or with securIty, and exchange or partition property and give options
for sales or exchanges.
I. Borrow money from any person, including any executor or
trustee, and mortgage or pledge any property.
J. Compromise claIms.
K. lIdd to t.he principal of any trust created hereunder any
property received from any person by deed, wi.ll or in any other manner.
L. pay premiums of any life insurance, annuity or endowment
policies which may have been retained or purchased herein and exercise
any rIght, option or privilege thereunder.
M. Advise with settlo~'s executor in the use of expenses and
losses as deductions for federal income tax or estate tax purposes, or
party for each, as it shall be deemed advisable, without adjustments
between income and principal in conse.~e~ce of the exercise of such
discretion.
Lc {J (6 ./1
Page 3
^11,NOLD & SLlKE,"'TTOil.Nr.Y~ _-".H""'" , 110<) M,I,~Kl.T nlun. t.~MP 1l1l.l, FA lIn11
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N. Treat as income all income accrued and unpaid on assets at
the time such assets become a part of this trust.
o. Make distribution in cash or in kind or partly in each.
P. Exercise all power, authority and discretion given by this
trust after termination of any trust created herein until the sallie is
fully distributed.
Q. settlor's fiduciary shall be entitled to compensation for
services hereunder in accordance with the standard schedule of charges
currently in effect at the time the services are called upon, and from
time to time during the period over which such services are performed.
v _ If my wife and I die simultaneously or under circumstances
which are such that the order of our deaths is uncertain, I direct that
my wife shall be deemed to survive me, irrespective of any provisions of
law establishing a contrary presumpti.on.
VI _ I appoint Dauphin Deposit Bank and Trust company as Exeou-
tor of this, my Last Will and Testament. My personal representatives
shall not be requirecl to post bond in this or any jurisdiction. It is
my request that my executor engage John E. slike, Esquire, of the law
firm of Arnold & 51ike, as attor.ney to assist them in the administration
of my estate.
IN WITNESS WHEREOF,
13 Y!J. day of
-
I have hereunto
0.,,..
//
set my hand and seal on this
, 1990.
the
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w. D. Boyer I
,(SEAL)
^RNOLD &: SLIKE, AT1'ORr'n:n,AT.I.AW, HO'I MA"'Kr.T mutT, cAMr tHLl, rl'\ 11011
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