HomeMy WebLinkAbout03-09-07 (2)
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF LVM A~r JDln ol
COUNTY, PENNSYL VANIA
Estate of
E c.\.n.o...
(<.,
F ~ fd'er
File Number
~/-()7-J~2{
also known as
, Deceased
Social Security Number / 7 '7 - / D - ~ '-10 /
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
iii A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the
last Will of the Decedent dated I). - I () - JCj <t &> and codicil(s) dated
E~~c.v..J..()1""
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:
o 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 d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) .~
:)~
Rl~~
Name
Relationship
e-:::>
~
~-: I
(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
",,)
Decedent was domiciled at death in C. U Vl\ ~ O! r I", ... ~ County, Pennsylvania with his / her last principal "residence at (1'1
/1)00 CI t"~,., (; C 1'/ /1l,iAd}~s<:. Tov'....'J,.. C"mb....,./A...1.. ('C>. to 1?c'1S
(List street address, townlcity, township, county, state, zip code)
Decedent, then CJ '3
years of age, died on 1.< - 3 J -.2. 0 0 ,
at
,.:<. ~2S-
/J1'1
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
$
$
$
$
2.~ 0 cD
o
()
<'
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 fom! to
the undersigned:
...,oC3r Rf+V 1&OlJDJ.~R
T ed or rinted name and residence
AAI J3c,X 'Ii'
,J...IV&IlFOO..... PA I?O'-l~
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF
rteL
SS
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 beliefofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affi~nd ~ubscribed
before me the y-r"'"-' day of
./,,/
~;4:~~
:,-.- ..
. ...... /
)(. / -
'fignatu7:~ o~ Representative
Signature of Personal Representative
t-...,)
c;Q
c,::-;!
-,
Signature of Personal Representative
~~..-._,
:.::t:)
'..::J
","",:,:!
~/ - ()7 - Odd- Lj
Estateof~r [dna K.
Social Security Number: /77 - I () .~ ..'), 1.../ D /
AND NOW, gH1 mf1/l..1~_ , :;).{y) 7, in consideration of the foregoing Petition, satisfactory proof
having been presented bewe me, IT IS D~CREEI~.!tlat Lettyrs Tf'5f--1l ryw ni2JAJJ/'
are hereby granted to Kobe-ft KCl.'1 ~-ar d
File Number:
f',)
, Deceased
(J1
c...n
Date of Death:
Wi m .flak- 31, 2 COra
and that the instrument(s) dated
described in the Petition be admitted to probate and filed ofreco d as the last Will (and Codicil(s)) of Decedent.
n
FEES /
~::~'~i~;~;~;;........ ~~
Renvnc'ation(s) .......... $
'" $
... $
\-.. . $
.. . $
.. . $
.. . $
.. . $
.. . $
$
TOTAL . . . . . . . . . . . . . . $ 1.1>4.00
in the above estate
Attorney Signature:
Attorney Name:
Supreme Court LD. No.:
Address:
Telephone:
Form RW-02 rev. 10.13.06
Page 2 of2
H105.805 REV 1105
This is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as
Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. .
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
No.
l~~
, Local Registrar
p
13127569
..-
JAN 03 2007
Date
--')
I
lD
/
I,.)
J /-0"7- r22 ~
Ul
Ui
_.._---'-------_._--_._~------~~--,-_.._~
H105.WS_._
nPE,,,..,...
-
.......N<
1. .......,
K
I
COMIIONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH . VITAL RECORDS
CERTlFICATE OF DEATH
-....
Edna R. Foster
~I
Dec.3.1913
...
..-
~ttre
-.
u.s.__
0.. IlIMo
... -
-- 17&_
''''CDoollr
"""
L _
~/'"
William Mann
... -- ".,
17044
J-
-- TMC_ _-.
_fl. -. -..-.-........--...........,_..._IlOHOr___.....__
__.____.._.t-......_.._...
-.._=_. c. r+ V .
ClClI'lII*II........ .....,.. a...._..::..-.~.
~"="'" ~
e:J::="~cd. .........____lIlJ
=-.:=.':...~
--
.......-.
....1: E1W... .... It
....._....__.........L 0 v. 0.......,
0'" -
. a..
0110I__",,,,-
0_01..."_
0:::--...__0....
0:-..:.'"""..._41......,,..-
,,_. -.....,..-
a:: ,,__ _ -,.
...-......-
0. .101'.. ............
... ""..--
--
..
.. -__-.. 11. _,,0. ..
==..~ ~ 0-
0... .~ 0- 0.....__
0- OColOlIlol..__
11oo__
Ov. q...
,,-
I
l!s
I
I' .f" 11'L)
,-
Pu-rnj.f NO. O/5OJ..l.Pall
LAST WILL AND TESTAMENT
OF
.~~~
...
EDNA R. FOSTER
" I
f
. ,-
.... !
-,-w,
-,
I, EDNA R. FOSTER, now domiciled in Cumberland County, Pennsylvania, d~clare thi~;
~....., )
..
to be my Last Will and Testament. I revoke all other Wills and Codicils that I may have previously
made.
Article I
My just debts and expenses of my last illness, funeral, and administration of my estate shall
be paid by my Executor from the principal of my residuary estate as soon as practicable after my
death.
Article II
All inheritance, estate, and succession taxes (including interest and penalties thereon, but not
including any generation skipping tax) payable by reason of my death shall be paid out of and be
charged generally against the principal of my residuary estate without reimbursement from any
person. This provision is not a waiver of any right which my Executor has to claim reimbursement
for any such taxes which become payable as the result of any property over which I have the power
of appointment.
Article III
I give, devise and bequeath in accordance with any memorandum which I have either
handwritten or signed, located with my will or with my valuable papers and found within 30 days
--i"'-''1J!'~.~'bt~:7'f:--;
ofthe probate of my will. Gifts may only be to persons who survive me or to organizations which
exist at my death, and if there is a conflict, the memorandum having the latest date shall govern.
Article IV
I give, devise and bequeath all the remainder of my estate, of whatsoever nature and
wheresoever situate, to my daughter, ZELDA F. BOUDER, of Cumberland County, Pennsylvania,
should she survive me by thirty (30) days. In the event that ZELDA F. BOUDER predeceases me
or does not survive me by thirty (30) days, I give, devise, and bequeath the remainder of my estate,
of whatsoever nature and wheresoever situtate IN EQUAL SHARES to my grandchildren, NICK
A. FOSTER of Dauphin County, Pennsylvania, provided he survives me by thirty (30) days,
STEPHEN J. BOUDER, of Snyder County, Pennsylvania, provided he survives me by thirty (30)
days, and TOBY R. BOUDER, of Juniata County, Pennsylvania, provided he survives me by thirty
(30) days.
However, if a beneficiary does not survive me by thirty (30) days, but leaves descendants
who survive me by thirty (30) days, those descendants shall receive, per stirpes, the share the
beneficiary would have received had he survived me by thirty (30) days.
Article V
Ifa beneficiary under this Will has not attained the age of twenty-five (25) years, the share
of the beneficiary shall be placed in a separate trust, for the benefit of that beneficiary according to
the terms in Article VI.
2
Article VI
In the event that a Trust is created by or as a result of any part of this Will, the terms and
conditions ofthe Trust shall be as follows:
A. To expend and apply so much ofthe net income and so much of the principal ofthe Trust
as the Trustee shall consider advisable for the support, care, health and education of the child until
the child attains the age of twenty-two (22).
B. Upon attaining the age of twenty-five (25), the remaining principal and accumulated
income of the child's share shall be distributed outright to the child.
C. No beneficiary or remainderman ofthis Trust shall have any right to alienate, encumber,
or hypothecate his or her interest in the principal or income ofthe Trust in any manner, nor shall any
interest be subject to claims of his or her creditors or liable to attachment, execution, or other
processes oflaw.
Article VII
In order to carry out the purposes of the Trust established by this Will, the Trustee, in
addition to all other powers granted by this will or by law, shall have the following powers over the
Trust estate, subject to any limitations specified elsewhere in this Will.
(a) to retain in the form received and to sell either at public or private sale, any real estate
or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
3
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
( e) to compromise claims without court approval and without consent of any beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such return
prior to my death,
(g) to make distributions in cash or in kind, or in both, and to determine the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executor; and to pay from my estate reasonable compensation for all their services, and
(i) to conduct along with or with others, any business in which I am engaged in or have an
interest in at the time of my death.
Article VIII
I hereby appoint my grandson, TOBY R. BODDER, as Trustee for any Trust(s) created
in this Will. In the event of the renunciation, death, resignation, or inability to act for any reason
whatsoever of TOBY R. BODDER, I nominate and appoint NICK A. FOSTER, as the Trustee
of any Trust(s) created in this Will. In the event of the renunciation, death, resignation, or
inability to act for any reason whatsoever of NICK A. FOSTER, I nominate and appoint
STEPHEN J. BODDER, as Trustee of any Trust(s) created in this Will.
4
Article IX
I nominate, constitute, and appoint my daughter, ZELDA F. BODDER as Executrix of
my Last Will and Testament. In the event ofthe renunciation, death, or inability to act, for any
reason whatsoever of ZELDA F. BODDER, I nominate, constitute and appoint my grandson,
TOBY R. BODDER as Executor of my Last Will and Testament. In the event ofthe
renunciation, death, or inability to act, for any reason whatsoever of TOBY R. BODDER, I
nominate, constitute and appoint my grandson, NICK A. FOSTER as Executor of my Last Will
and Testament. I direct that my Executors be permitted to serve without bond. My Executors
shall receive reasonable compensation for services rendered to my estate.
Article X
In addition to the powers conferred by law, I authorize my Executor, in their absolute
discretion:
(a) to retain in the form received and to sell either at public or private sale, any real estate
or personal property except that which I specifically bequeath he/she herein,
(b) to manage real estate,
( c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
( e) to compromise claims without court approval and without consent of any beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such
5
return prior to my death,
(g) to make distributions in cash or in kind, or in both, and to determine the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executor; and to pay from my estate reasonable compensation for all their services, and
(i) to conduct alone or with others, any business in which I am engaged in, or have an
interest in at time of my death.
IN WITNESS WHEREOF, I, EDNA R. FOSTER, hereby set my hand to this my Last
Will and Testament, on this /.1 day of !J~
, /99% , at Harrisburg,
Pennsylvania.
E.'J<JL-..- p+~
EDNA R. FOSTER -
In our presence, the above-named EDNA R. FOSTER signed this and declared this to be
her Last Will and Testament and now at her request, in her presence, and in the presence of each
other, we sign as witnesses.
Address
gt(~ ~ ~ r;f, fIIo J 4 /7/11;
~ ~ ThU"\~~, 8) l~~ ~- C'llc::J:
6
I, EDNA R. FOSTER, Testatrix, who signed the foregoing instrument, having been duly
qualified according to law, acknowledge that I signed and executed this instrument as my Last
Will and Testament, and that I signed it willingly as my free and voluntary act for the purposes
therein expressed.
Sharon Me Notarial .Seal
Mechanlcsb S8esrschm'dt, Notary Public
M C . ul'Q ora, Cumberland County
y ommlsslon Expires June 19, 2000
Sworn to or affirmed and
acknowledged before me by
EDN~ R. FOST~e Testatrix, r G. Q/
this _~\.Oday of ~>---, \ "\ ~ \:)
~
~~/Jl ..
Nota..ry Public
e ~~ I?r~-
EDNA R. FOSTER
We, the undersigned witnesses who signed the foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the Testatrix sign and execute
this instrument as her Will; that she signed and executed it willingly as her free and voluntary act
for the purposes therein expressed; that each of us in her sight and hearing signed the Will as
witnesses, and that to the best of our knowledge, that she was at that time eighteen (18) years or
more of age, of sound mind, and under no constraint or undue influence.
Sworn to or affirmed and
subscribed to before me
by Rr~HIU.1J I). k/tNfr5/Cfc
andJClvl L ~\
witnesses~s \ 0
dayof _ c:e~,\q~~.
~ 7;Jlk?-'~~
Notary PublIc
itIiess
~~~
Notarial Seal
Sharon Messerschmidt, Notary Public
M8chanlcsburg Boro. Cumberland County
My CommissIon Expires June 19, 2000
7