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HomeMy WebLinkAbout03-20-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF Estate of William J Henry also known as CUMBERLAND COUNTY, PENNSYLVANIA File Number 21-07 - () d-.lJ>'-\ , Deceased Social Security Number 186-24-9257 Patricia B Henry Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE;4' or 'B' BELOW:) 00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix last Will of the Decedent, dated 04/06/2004 and codicil(s) dated none 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 o B. Grant of Letters of Administration (If Name Relationship Residence (~ .",;.:-:~ t-..) c..-::: c..... --' ~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with 26 Cambridge Ct., Carlisle, Carlisle, Cumberland, PA 17013 (List street address, town/city, township, county, state, zip code) his / her last principal residert~Jat r:-? - .... .r::- Decedent, then -2L years of age, died on 03/23/2006 at Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania situated as follows: 7,000.00 $ $ $ $ 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: Patricia B Henry Typed or printed name and residence 26 Cambridge Court Carlisle, PA 17013 Signature Form W-O Rev. 10-13-2006 Copyright (c) 2006 torm software only The Lackner Group, Inc. Page 1 of2 Oath of Personal Representative } SS } COMMONWEALTH OF PENNSYLVANIA 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 of Petitioner(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 affirmed and subscribed before me this ~ 0 day of ~n .~ ( '~ For the Register Signature of Personal Representative Signature of Personal Representative File Number: 21-07- D ~ \..oW Estate of William J Henry , Deceased Social Security Number: 186-24-9257 Date of Death: 03/23/2006 AND NOW, '\'\1ox-m aD ao:DJ- ' in consideration of the foregoing Petition, satisfactory proof t--.) T estamentary co~, '.) :3 ., having been presented before me, IT IS DECREED that Letters are hereby granted to Patricia B Henry (,"~o ,;'" '.', ' '~::}-" in th~boveestati' , ,.;:~~:. 'I --- 1'...) 1-) and that the instrument(s} dated 04/06/2004 described in the Petition be admitted to probate and tilled of record as the last Will (and Codicil(s)} of Decedent. -0 ~'~ ~ Short Certiticate(s}........................ $ 45.00 4.00 .t:"" lt~ ~llbtC!fJleac5~~ Attorney Signature: ~ ~?, ~ <f!t" Attorney Name: George F. Douglas III FEES Letters... ......................... ................ $ Renunciation(s}............................. $ auto fee $ JCP fee $ Will $ $ $ $ $ $ 5.00 10.00 15.00 Supreme Court I.D. No.: 61886 Saidis, Flower & Lindsay Address: 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 $ TOTAL.................................... $ 79.00 Form RW-02 Rev. 10-13-2006 Copyright (cl 2006 form software only The Lackner Group, Inc. Page 2 of 2 H105.905MS REV.i5-05) This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records III accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. ~ No. ~II~ Calvin B. Johnson, M.D., M.P.H. Secretary of Health Charles Hardester State Registrar 0775041 ,-' MAR 8e1:. ", -,"--\ ---, ~-~.) 5 ~~ r-V o --, 4:] 'el --~.\ f:';) .\~k' .r;::- .r.:- H105.143 ReY.01.(l6 TYPE,IPRINT IN PERMANENT SLACK INK ,. Name of Decedent (Fist. middle,last) COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERTIFICATE OF DEATH STAfH1LE NUMBER ~ \ 0, O~(dJ 5 k.1B(LIslblrtt1dayj 73 v" c. Date of Death (Month,day, year) William Junkin Henry March 23 2006 8b. County of Death 26 Cambridge Court Carlisle, PA 17013 18. Flrher's Name (Firsl, niddIe,last) 12. Was Decedent ever in the US hmedForces? DlYesONo Decedent's Actual Residence 178. Stale 13. Decedent's Education ElemenlarylSecondary(0-12) i on h" ade eel College ('''''''1 1 14. Marilal Status: Manied. Newr married. Widowed. D"'reed (Soo<iIn Married Did Decedent live in a T~? 10. Race: American lnden, BlIck, Whh. tic. (SpeciM White 15. SurvMng Spouse (If wile, give maiden name) , Cumberland South Middleton Twp. Carlisle Regional Medical Center P tr' 17b. County PA Cumberland 17c, Cl Yes,OecedenIlMldin Twp. 17d II: ~=oIl.iood- Carlisle Clyllloro 19. Mother's Name (First middle, rreiden surname) L. Henry 208. InbmInt's Narre (Typelprinl) Bennett Junkin 20b Informanfs Mailing Address (Street, dyllown, slate, ~ code) J w en :::l ~ :i! Patricia Beittel Henry 26 Cambridge Court, Carlisle, PA 17013 21c. PIlleeoIDisposilion(Narreoleemetel'y,erermtoryOl'Olherplace) 21cLLocatIon(Ciy>lown.......,.,_1 Carlisle, PA 17013 ~ ~ f ~ ~1...23e-<only_ctl1ifying physDan is not IVliillble II time of dellh to cerlftcause ofouth. . 1lenw24-26lftJSlbe~bypel'SOn . wno pronounces dea1t1. Brothers Funeral Hone Inc. 23b.Li:ense_ Carlisle PA 17013 23<:. Da" Signed_. da,. '''''I s 24. T;r~r -S-~. 25 D31U2:D3cr~da~''') CAUSE OF DEATH (See InItructionIlnd .u...) Ilem 27. Part l: Enter the ~ - diseases, i1juries, or COff1)IeaIions - that directly caused the death. 00 NOT enler terminal events such as cardiac arrest, respiratory arrest, or ~r Ibrilation wihout showi'lg the etiology. 00 NOT abbreviate. Enter only one cause on a line _~CAUSE(FN1_" N'\ .e;L. ~~ ool....~ .o~r^^~'c _........indoelll) ~.. "\ ~T't"-\~ r' ~"'" Due 10 {Of as. conseq'*'Ce of}. _Iyialcondlions.hny. b. leading to the causelisled on Lint I. - EnIar 1hI UNIlEAL YIIG CAUSE . (clisu&e0l'11urY1hll1nlialtd1t1e tvttisrlStJlingindeBlhlLAST. 26. Was c.se Referred to I Madical Exaninel'lCoroner1 o Vas 'Jl No Approximate interval: onset 10 death ParlU:EnterothersiDnificanlcondilionscontrtdMlDdaItl, bulnol resublg in the undeftying cause given ~""1. 28. Did T ob8a:o Use Contrtlute to 0ea1tL? o Vas 0 PIobebly ... No [] Unkrown 29 IF_: o Nalpregnanl_pastyeor o Pr'9gMntlftlnMlofdlleth o Nalpr-.""_n1_42days ol_ D Not pregnant, but pragnanl43 days 10 1 year bebre death o Unknownifpregnanlwtlhintheputyear 32c. Placeoflnjul'y:Home,FIrm. Slreet. FacIory,Oftic:e Building. e1c. (SpeciM - - - \:~ Due lo (or IS a consequence of): Duekl (Ot as a consequenc:eof): 301. Was an Aulopsy -, D Yes ENo d. 3(1). Were Autopsy Fildilgs .AvailablsPtiorto~ion of CaiJS8 of Death? o VII 0 No 31 Manner 01 Death _Natural 0_ D Accident 0 Pending Investigation o Suicide 0 Could Not Be Determined 321. Dale 01 Injury (Month. clay, yearl 32b. DescrQe how Injury Occurred 32d. rime 01 Injury 32., Injury ., Work? CJYesCJNo 32g. Localion(StrEet,Cilynown,state) M I- Z W o w U w o u. o w :; "" Z 33a C<<IHIar(_on~"'1 CertIfyIng physician (Physician certifying cause 01 death when another physician has pronounced death and COlt1)leled hem 23) To the bIIst of my IlnowIedge, death occurred due to tnlI eause(s) Ind manner as slated .w..'"......_............._..................".....,.,.,. ............_...""......._.,...........0 =:..~I::~~~c:~~=-:::.~~~dea;c:~:~~~t~::~~~~mlnntflSstated....._ ......,..,...........".".............._.w...~ IIIdIeai examinedeon:lner On the bills of eumination and/or investigation, in my opinion, death occurred It the Urne, date, and place, and due to the eause(s) and manner as stated ........0 35 36. Dale F~ed (MOnth, day, year) I d. I I Id-. I \ I 0 I (See instructions and exampl ~~p.;' ~)r\~~'f\}~ <0 / --c:- 33d j r~ii~'k;''') 34. Name and Mdress 01 Person Who ~led Gala_Death (Item 27) TypelPrinl \Yh<<" 1\, "'\-ow1/>;),... J MO "2,'1-> c~~~~rte ;"t- {1.J/3 ~ \ D -t () C\ lDY Last Will and Testament of William Jo Henry I, WILLIAM J. HENRY, of the Borough of Car1is1e, Cumber1and County, Pennsy1vania, being of sound and disposing mind, memory and understanding, do hereby make, pub1ish and dec1are this as and for my Last Wi11 and Testament, hereby revoking a11 other wi11s and codic~~ '" .. C-"') heretofore made by me. = -'il ARTICLE ONE PAYMENT OF DEBTS AND EXPENSES FUNERAL ARRANGMENTS I direct the payment of the debts and expenses of'~:y 1ast i11ness from my estate as soon after my death as __I convenient1y may be done. '-.. ~ -:. Ii 0) U 1- - '.~ 4.) - - .J \"',.) .r- r- ARTICLE TWO DISPOSITION OF PROPERTY I give, devise and bequeath a11 of my property, rea1, persona1 and mixed, of what nature or kind so ever, and wheresoever the same sha11 be at the time of my death, to my be10ved wife PATRICIA I. HENRY, provided she survives me by thirty (30) days not cSunting the day of my decease. In the event that my be10ved wife PATRICIA B. HENRY predeceases me or fai1s to survive me by the aforesaid period, I give, devise and bequeath a11 of my property, rea1, persona1 and mixed, of what nature or kind so ever, and wheresoever the same sha11 be at the time of my death, to my chi1dren and step-chi1dren, BRIAN J. BEITTEL, BENICIA B. MEYERS, KRISTA L. BAER, WILLIAM S. HENRY, AND ANDREW J. HENR~, share and share a1ike. If any of the above chi1dren or stepchi1dren fai1 to survive me by thirty (30) days not counting the day of my decease, I give, devise and bequeath the share of the deceased chi1d or step-chi1d to be given to the chi1dren of the deceased in equa1 shares. Furthermore, I direct my Executor to distribute such specific items that I may specify in a 1ist which I wi11 attach to this my Last Wi11 and Testament to those above- named beneficiaries so specified. In the event that my beloved wife PATRICIA B. HENRY and I perish in a common calamity, I give, devise and bequeath $75,000.00 to be distributed equally to my grandchildren, KYLE W. BAER, KAITLIN A. BAER, MORGAN R. HENRY, MATTHEW W. HENRY, RYAN J. HENRY and KRISTEN M. HENRY. I give, devise and bequeath the rest, residue and remainder of my estate to my children and step-children, BRIAN J. BEITTEL, BENICIA B. MEYERS, KRISTA L. BAER, WILLIAM S. HENRY, AND ANDREW J. HENRY, share and share alike. If any of the above children or stepchildren fail to survive me by thirty (30) days not counting the day of my decease, I give, devise and bequeath the share of the deceased child or step-child to be given to the children of the deceased in equal shares. Furthermore, I direct my Executor to distribute such specific items that I may specify in a list which I will attach to this my Last Will and Testament to those above- named beneficiaries so specified. ARTICLE THREE TAXES I direct that any and all inheritance, estate and transfer taxes imposed upon property making up my estate passing under my Will or otherwise, shall be paid out of the principal of my residuary estate prior to its distribution to my heirs. ARTICLE FOUR EXECUTRIX/RlXES'S POWERS In addition to the powers and authority conferred by law or necessary and appropriate for proper administration, I authorize my Executrix/rixes in her or their absolute discretion: 1. To retain in the form received, and to sell either at public or private sale any real or personal property; 2. To lease, mortgage or otherwise encumber any real or personal property that may be included in my estate, without order of court or notice to any beneficiary; 3. To invest and reinvest in all forms of property; 4. To exercise any options or rights arising from ownership of investments; and 5. To compromise claims without court approval and without the consent of any beneficiary. 2 ARTICLE FIVE NOMINATION OF EXECUTOR/EXECUTRIX I hereby nominate, constitute and appoint my wife, PATRICIA B. HENRY to serve as Executrix, if 1iving and ab1e to serve as same. If my wife is deceased or is otherwise unab1e to serve as Executrix, I hereby nominate, constitute and appoint BENICIA B. MEYERS and KRISTA L. BAER to serve as Co-Executrixes, if 1iving and ab1e to serve as same. I hereby re1ieve my Executrix/rixes from the necessity of posting security in connection with their duties as such in any jurisdiction in which they may be ca11ed to act insofar as I am ab1e to do so by 1aw. ARTICLE SIX MISCELLANEOUS PROVISIONS A. Paragraph Tit1es and Gender. The tit1es given to the paragraphs of this Wi11 are inserted for reference purposes on1y and are not to be considered as forming a part of this Wi11 in interpreting its provisions. A11 words used in this Wi11 in any gender sha11 extend to and inc1ude a11 genders, and any sinqu1ar words sha11 inc1ude the p1ura1 expression, and vice versa, specifica11y inc1uding "chi1d" or "chi1dren," when the context or facts so require, and any pronouns sha11 be taken to refer to the person or persons intended regard1ess of gender or number. B. Thirty Day Surviva1 Requirement. For the purpose of determining the appropriate distributions under this Wi11, no person sha11 be deemed to survive me un1ess such person is a1so surviving on the thirtieth day after the date of my death. C. Liabi1i ty of Fiduciary. No fiduciary who is a natura1 person sha11, in the absence of fraudu1ent conduct or bad faith, be 1iab1e indi vidua11y to any beneficiary of my estate, and my estate sha11 indemnify such natura1 person from a11 c1aims or expenses in connection with or arising out of that fiduciary's good faith actions or non-actions as the fiduciary, e~cept for such actions or non-actions which constitute fraudu1ent conduct or bad faith. I~WITNESS WHEREOF, I have subscribed my name be10w, this (, tiay of Apri1, 2004. Testator Signature COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kath.leen K. Shaulis, Notary Public CarlIsle Boro, Cumberland County My Commission Expires Dec. 22, 2007 Member, Pennsylvania Association of Notaries 3 We, the undersigned, hereby certify that the above instrument was signed in our sight and presence by WILLIAM J. HENRY, the Testator, who dec1ared this instrument to be his Last Wi11 and Testament and we, at the Testator's request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our names as witnesses on the (dare .ShOwn above. Wi tness Signature UfLfu.u- ' Name tLi t-r Ie, City, State Witness Signature Name COMMONWEALTH OF PENNSYLVANIA . _1 ty, State Notarial Seal Kathleen K. Shaulis, Notary Public Carlisle Boro, CumberlancfCounty My Commission Expires Dec. 22, 2007 Member, Pennsylvania Association of Notaries AFFIDAVIT COMNONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, WILLIAM J. HENRY, the Testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will, that I signed it willingly and as my free and voluntary act for the purposes expressed in the instrument. /)/ Subscribed, sworn to and '-.. Testator Signature J. HENRY, the Testator, this No 4 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kathleen K. Shaulis, Notary Public Carlisle Boro, Cumberland County My Commission Expires Dec. 22, 2007 Member, Pennsylvania Association of Notaries AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND We, \/a le.v-t e; ~ <Sse H , and . 3aY1\CS 'f:. ~~.u I \S the witnesses, respective1y, whose names are signed to the attached or foregoing instrument, being first du1y sworn, do hereby dec1are to the undersigned authority that the Testator WILLIAM J. HENRY signed and executed the instrument as his Last Wi11 and Testament and that he signed wi11ing1y, and that he executed it as his free and v01untary act for the purposes therein expressed, and that each of his witnesses, in the presence and the hearing of the Testator signed the Last Wi11 and Testament as witnesses and that to the best of their know1edge the Testator was at that t~e eighteen (18) years of age or 01der, of sound mind and under no constraint or undue inf1uence I , WITNESS\.-r/!J.kw- I WITNESS residing at'13tJ7~ jrfAUJJU f70d] residing at c.al'/ol... fh I 7 ()/) , Sub ribed, sworn to and acknow1edged before me by \Ja \e 11C' 'F b ~ l and .::sD...vncs.. K. S\t-'O.. v.... \ \ ~ the wi tnesses, this (p]..A day of Apri1, 2004. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kath.leen K. Shaulis, Notary Public Carlisle ~~ro, Cumberland Coun My CommIssIon Expires Dec. 22, it07 Member, Pennsylvania Association of Notaries 5