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 ~
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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
.~
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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.
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Signature of Personal Representative
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File Number:
~I-D 7- rJ455
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Estate of
Harvey J. Ibbotson
, Deceased
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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
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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~
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Harvey
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Mechani PA 17050
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Harvey J. Itix)tson
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Robert Itix)tson
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ft1cnae~ L. Norr18. uoroner
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Coroner
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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
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CERTIFICATE OF DEATH
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