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HomeMy WebLinkAbout05-09-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYL VANIA Esmwof Harvey J. Ibbotson also known as File Number /),1 -07 -oLfS5 . Deceased Social Security Number 159-26-3962 Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE ~' 01 'B' BELOW:) lEI A. Probate and Grant of Letten Testamentary and aver that Petitioner(s) is /I11t. the last Will of the Decedentdawd May 10, 2002 ~ Executor 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 incapacimted person: o B. Grant ofLetten of Administration (Ifapplicable. enter: c.t.a.; d.b.n.c.l.a.; pendente lile; durante absentia; durante minoritate) Petitioner(s) after a proper search has / have ascermined that Decedent left no Will and was survived by the following spouse (if any) tmd heirs: (If Administration, c.t.a. or db.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ('2 ~ ~1~ ! Name Relationship t""! . ..~ ;..j (COMPLETE IN ALL CASES:) Anach additional sheets if necessary. Decedent was domiciled at death in Cumb e r land County, Pennsylvania with ~ her last principal residence at iij. 5 Linden Street, Mechanicsburg, PA 17050 I , (List street address. town/city, township, county, state, zip code) Decedent, then 73 yearsofage,diedon February 16, 2007 at Holy Spirit Hospital .~ \ Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (lfnot domiciled in PA) Personal property in Pennsylvania (lfnot domiciled in PA) Personal property in County Value of real esmte in Pennsylvania $ 122,000.00 $ $ $ 135,000.00 situawd as follows: 445 Linden Street, Mechanicsburg, PA 17050 ~ 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 fonn to the undersigned: Si ture T or rinted name and residence , '- Robert Ibbotson 2823 Rawle Street Philadel hia PA 19149 Form RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF PHILADELPHIA The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief ofPetitioner(s) and that, as personal representative(s) ofthe Decedent, Petitioner(s) will well and truly administer the estate according to law. '/go:k:rJ.~~ Signature of Personal Representative C) s::; 0 '~ ::J,~ "=.1:0 -~: .~: t-Y] c::::) = --.I Z Signature of Personal Representative ..--::;:0 _>~...J ...-~..< -< I I.D ,.--... - ,:J'h ;p. -'-;.. File Number: ~I-D 7- rJ455 , I Estate of Harvey J. Ibbotson , Deceased Cl N Social Security Number: 159-26-3962 Date of Death: February 16. 2007 AND NOW, Qt1t PIlLk rJ:ifYlAlLt\)(f)7 . in consideration of the foregoing Petition, satisfactory proof having been presented before ~CREED ~ Letters Testamentary are hereby granted to Robert Ibbotson in the above estate and that the instrument(s) dated Mav 10. 2002 described in the Petition be admitted to probate and filed ofrecor FEES Letters ............... $ '1~:~ Short Certificate(s) . . 0.6). $ I .~~') .......:.. ~~~~ ~m ... $ 5,tJ[) ... $ ... $ .. . $ ... $ ... $ ... $ TOTAL ..... .. . .. .... $ 'fOf!!!... Attorney Signature: Arlene Glenn Simolike Attorney Name: Supreme Court J.D. No.: 22747 Address: 7234 Frankford Avenue Philadelphia,PA 19135 Telephone: 215-335-9986 Form RW-02 rev. 10.13.06 Page 2 of2 )-"05805 RB' )/05- ---~U-T ........ .--- _n_. . . .. '.,- dJ-Q 7 -Oi')--r:; 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 fIlmg. WARNING: It Is Illegal to duplicate this copy by photostat or photograph. No. W'Jh rc~L Local Registrar Fee for this certificate, $6.00 p 13378114 _~4..~tJ(). t ~ J ~G4"f ate ~) C~:::.J C'~-:) --' o :r~ -"II ~IL~F2 --r'-. 3 :t.;:~ -< I I..D ;J::.. ~ (~ N H.......RlYI_ lYl'E1_lN .....-r IUOlIll 130-458 COMIllONWEALTH OF PENNSYLVANIA. DEPARTMl!NT OF HEAl.TH. VITAL RECORDS CORONER'S CERTIFICATE OF DEATH (11M Inatruc:tIon8 MCI........ on _) Voa. June 7. 1933 STATEFIt.E~ 1._"____. Harvey I. ... ....lIoIlIlofI 73 J Ibbotso.n 1.-,,- 7. _.. Ib. 0aunIr" ~ Cuaberland II. - KilllII_ 12.___,,_ U.S.__, 1!!Iv. ONo - __ 1,*._ I 3 ....e11 ".;00__ JhllII_,...-, Retail lI.--.-(lInoI.c:lrI......_zip_1 445 IJ.ilden.. street Mechani PA 17050 'I. ______....... Harvey J. Itix)tson a-'_(fp'l'IIoIl Robert Itix)tson ....-"0ilpI0Ii00 0- 0- :/IlI.OoIo_~_."'.-l aiI- 0--_ "'-.--0 0 0Iw.~ .,__,_ V. No .. .._......_, Z!b.L-._ 17b. 0aunIr Pennsvlvania Cunberland 17c.lD ....._1Jiood1ll 1740 No. llocMootlJiood_ _UlIIlIolll HaIII:lden ... ClIw'" ".-'_(f!III.__~ Lillian Griffin PA 17 lM._"_ 21. 00I0_1lood...........".-l 9:58 A. ... February 16. 2007 C-OPDllATHlSM_____1 ...n.hoIt ElOIr..._._.........~-..........,_..._IlOIIlT___......_...... 1IIIIiIlnIY_..___..-...."'*""'llII......._..._.... 2I.Wueo._"__'_b._OIw...~._ Jlv. ONo ...... ilIIMI: PIn I: fdIr..,' - ...........1IllI.... a DId..... UII CcnllUlIIOIIIIf Onool"_ ..........Io...~_.........l 0..... 0""" ONo 0- ---==_.. .,.. ~"-'''' E::1.:'.:==:rc:.:: ~ .....:.=.~ .. Probable Myocardial Infarction Duo "(or"._aI): Remote CABG, DM ...- 0Ilol__._ 0,,-....._ 0Ilol-''''__." ol- 0Ilol_..._...."'... -- 0-........_........ *===-=_F-. b. Da 10 (or.. COftNqUInCe 01): 1lOIo"(or.._aI): .. 0- 9J.,1Io a____ --..~ "c-"_' 0.... 0110 31._"-' j(- 0_ O-O""",,,,~ 0- OCcUlllolbo_ 324 _ II..., ..--- - u. I l'l I 331.~_...,_ . ;:':::..-=--=-=::..":::.":"..":.::"..p=::~-~-~~~~__m_____m____ 0 . -..............._~llalllplllllllOftilg_....COl1IIiII"_.._ 310.'-_ 33lI.1loio.................".-l To.....................__................_................._.___________________ 0 February' 19, 2007 .__,- 00"'_ 01_...,....................-. - -" ......._.._.. ................._. __... 34. tlIOP...._..e.oon..~CIoIo.._...m Tp/Ptllll ft1cnae~ L. Norr18. uoroner ;, ~ ,J. l.ll~ 11 1:1. , ~.:.v""""'-~'l ~~~a:t~:C~~g.R~ld178~bte 11 ~_1Io 61Z.l/lDl.9 Coroner .. ~ LAST WILL AND TESTAMENT BE IT REMEMBERED THAT I, HARVEY J. IBBOTSON, a resident of Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this to be my LAST WILL AND TESTAMENT, hereby revoking any and all Wills and Codicils previously made by me. I I declare that I am married to EDNA E. IBBOTSON. II I direct that all my just debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease. III I direct that all taxes that may be assessed in consequence of my death, of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of the expense of the administration of my estate. IV I give, devise and bequeath all my property, whether real or personal, wherever situate, including any property over which I may have a power of appointment to my wife, EDNA E. IBBOTSON, pursuant to the hereinafter included Trust. V If my wife EDNA shall predecease or fail to survive me by thirty (30) days, I give, devise and bequeath all of my property, whether real or personal, wherever situate including any property over which I may have a power of appointment, to my brother, ROBERT IBBOTSON, per stirpes. VI TRUST I appoint my brother, ROBERT mBOTSON, as Trustee of the property that I have given to my wife, EDNA E. mBOTSON. A. During the lifetime of my wife EDNA, the Trustee shall apply all net income and principal of the Trust Estate as follows: 1) The net income of the Trust shall be paid to or applied for the benefit of my wife at such times and in such amounts as the Trustee shall in his discretion deem necessary for her support, welfare and maintenance. In the event that the income shall be insufficient to provide my wife with adequate maintenance, support and welfare, the Trustee may invade the principal of this Trust for this purpose. 2) The Trustee, in exercising his discretionary authority with respect to the payment of income or principal of the Trust estate to my beneficiary, shall take into consideration any income or other resources available to my wife from sources outside of this Trust that may be known to the Trustee. The determination of the Trustee with respect to the necessity of making payments out of income or principal to my beneficiary shall be conclusive on.11ll persons howsoever interested in the Trust. 3) The Trustee shall accumulate and add to principal any net income of the Trust not paid out in accordance with the discretion hereinabove conferred on the Trus~e. B. Upon the death of my wife EDNA, the property remaining in the Trust shall be , distributed to my brother ROBERT mBOTSON. C. My wife EDNA, as beneficiary of this Trust, shall not have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any matmer; nor. shall any interest be subject to claims of his creditors or liable to attachment, execution or other process of law. D. In order to carry out the~ purposes of this Trust established by this Will, the Trustee, iri additio? to all other powers granted by this Will or by law, shall have the following powers over the Trust estate, subject to any limitation specified elsewhere in this Will: ". '. 1) To retain any property received by the Trustee estate for as long as the Trustee considers it advisable. 2) To spend funds for the maintenance and repair of real property . 3) To sell at public or private sale, exchange or lease for a period of time any real or personal property and give options for sale of the lease. , . 4) To execute and deliver any deeds, leases, assignments or other instruments as may be necessary to cany out the provisions of this Trust. 5) To borrow money and to mortgage or pledge any real or personal property. 6) The Trustee shall maintain accurate records and accounts and shall render statements to my beneficiary hereunder showing receipts and disbursements of principal and income no less frequently than annually. The Trustee shall serve without bond and shall receive fair and reasonable compensation for administration of this Trust, not to exceed five (5%) percent of annual income. 7) To distribute property in kind. 8) To do all other acts that are in his judgment necessary or desirable for the proper management, investment and distribution of the Trust estate. VII I nominate, constitute and appoint my brother, ROBERT IBBOTSON, as . Executor of this LAST WILL, t~_ serve without bond. , . IN' WITNESS WHEREOF, I, HARVEY J. IBBOTSON, have set my hand to this LAST WILL this /1) dayoC 1'n~ ,2002. 0J~<~ HARVEY 0 ON Signed, sealed, published and declared by the above-named HARVEY J. IBBOTSON, as and for his Last Will and Testament, in the presenc of us, who, at his request and in his presence, and in the presence of ea oJher, have hereunto subscribed our names as witpesses.' ~rl4~ ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ss. COUNTYOFCUMBERUrnD I, HARVEY J. IBBOTSON, 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 as my free and voluntary act for the purposes therein expressed. <)/~ HARVEY J I TSON--- Sworn or affirmed to and acknowledged before me by HARVEY J. IBBOTSON, Testator, this /O'#.. day of m~ ,2002. O~ m -~ Notary Public Notarial Seal M D~e M. Smith, Notary Public echan~urg Boro, Cumberlancl Cowlly My CommIssion Expires June 22, 2004 . . . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERUrnD We,lfytetEI- 1'. WAl-('t~and T:>~j1U4;J L" t''I;4IV , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his LAST WILL, that HARVEY J. IBBO~ON signed willingly and that he executed it as hi free and voluntary act for the purposes therein expressed; that each of us . e hearing and sight of the Testator signed the Will as witnesses; and that to e best of our knowledge, the Testator was at the time 18 years f age or mo f sound mind and under no constraint or undue influence. ~k~~ . Sworn or affirmed to and acknowledged before me this /DYl....day of Ini ' 2002. ~M.~ Notary Public Notarial Seal Diane M. Smith, NoIary Public Mechanlcsbul'Q Boro, CumbeltBncl County My CommiSSIOn Expires JUlie 22, 2004 I - 1-1105.805 R'OV9186 Cl/~07-()l/sr;; 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 Rling. WARNING: It is Illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.00 p 8607293 No. -(~~I?k .o'd'4 Local Registrar (%f~ ;L~ ~ I- Date C") (2;~ ~-::. c.:.:> = --l :r:: ~ -< I \..C) ~;: _1..0;.. - - ',.'it OI5 :...--\ (::) [",) 11106. ;43"-". 2fa7 COWONWPLTHOF PENfiI$Y~ . QEPART"lNT Of HeALTH. VITAL RECORDS CERTIFICATE OF DEATH o o CNlI_"~ 0 PUCEOIF........,.AI....................."DIIce U. _....~ k ~ a ~ ~=-=-~{f'h__.......___..._....___c_n...231 to..........,...............................c..-e(I).................................... ........ .._...................... i'tHlPfUNT IN PERMANEN' ......CK..... fitAM! OF DECiDE Ihli.tIiddit. L_ .. AGI(l"Ek'l'!aly) Ibbotson 71 COON - ~ o o 0fI_ _.~_l - - -- NoD - z ~ ," o w o (; ! z ._....._""....~.....-."""..___.._al_ To....IiNI..My~. .......................... .............to..~..-.nMr_...M...'......'............... 'lIUIIC.I..L_1I 0........, ............ancII..........ion. in my oplMaio, de.... 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