HomeMy WebLinkAbout04-30-07 (2)
IN RE: ESTATE OF
NILSSON S. BASSETT,
Deceased, Late of West Pennsboro
Township, Cumberland County,
Pennsylvania
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
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PETITION TO ADMIT COPY OF
ORIGINAL WILL TO PROBATE
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AND NOW this _ day of April, 2007, comes Petitioner, GERRY N. BASSETI, by and
through his attorneys, Irwin & McKnight, and respectfully petitions this Court to admit to
probate a copy of the original Last Will and Testament of the Decedent, Nilsson S. Bassett, and
in support thereof avers as follows:
1. Petitioner is Gerry N. Bassett, the son of Nilsson S. Bassett (the "Decedent"), who
died on March 29, 2007, a resident of 64 Spruce Circle, Newville, Cumberland County,
Pennsylvania.
2. Decedent was predeceased by his spouse, Dorothy S. Bassett, born June 15, 1921.
3. On January 29, 1991, Decedent executed a Last Will and Testament, which was
prepared by attorney Roger B. Irwin.
4. Decedent executed the Last Will and Testament at the office of his attorney,
Roger B. Irwin, in his presence and in the presence of Betzi A. Morrison and Sharon L.
Schwalm, both of whom acted as subscribing witnesses.
5. Petitioner is a beneficiary under the Last Will and Testament dated January 29,
1991, and is named as a substitute Co-Executor.
6. Thomas R. Speake, step-son of Decedent, is also named as a substitute Co-
Executor in the Last Will and Testament dated January 29, 1991. A Renunciation executed'April
23, 2007, authorizing that Letters of Administration be given to Petitioner is attached hereto as
Exhibit "A."
7. A true and correct copy of the Last Will and Testament dated January 29, 1991,
bearing the signatures of Decedent, his attorney, and witnesses is attached hereto and
incorporated herein as Exhibit "B."
8. The copy of Decedent's Last Will and Testament attached as Exhibit "B" was
located in attorney Roger B. Irwin's office. The original Last Will and Testament was given to
Decedent on January 29, 1991.
9. An original affidavit signed by Roger B. Irwin and notarized is attached hereto
and incorporated herein as Exhibit "c."
1 O. After diligent search, Petitioner has been unable to locate the ?qginal wiH~ of
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Decedent dated January 29, 1991, a copy of which is attached hereto as Exhibit "/\," ,and Ujon
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information and belief avers that the original was not revoked or destroyed by Decedellt J ~
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11. Furthermore, Petitioner is not aware of Decedent executing or h~vmg prepared :.
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any subsequent will to that prepared and signed by Decedent on January 29, 1991.
12. The assets of Decedent's estate include accounts with Putnam mvestments, DWS
Scudder, The Vanguard Group, T. Rowe Price, Merck, Berkshire mcome Realty, me. and PNC
Bank.
WHEREFORE, Petitioner respectfully requests that a citation be awarded and directed
to be published one (1) time each in the legal journal and newspaper of general circulation of
Cumberland County, Pennsylvania, to show cause why the photocopy of the Last Will and
Testament of Nilsson S. Bassett dated January 29, 1991, should not be admitted to probate as if it
were the original.
Respectfully Submitted,
IRWIN & McKNIGHT
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By:
Roger , Esquire
Supre Co ID # 06282
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Petitioner
Dated: April 23, 2007
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
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GEltRY N. i\SSETT
Date:
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!~~t ~iBYS~~b ~~!!~s!~ Township,
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Cumberland County, Pennsylvania, declare this instrument to be my
last will and testament, hereby expressly revoking all wills and
codicils heretofore made by me.
1. I direct my executrix to pay all of my debts, funeral
and administrative expenses as soon as may be done conveniently
after my decease.
2. I authorize and empower my executrix to sell any realty
owned by me at my death and not specifically devised herein, at
either public or private sale, and to give good and sufficient
deeds therefor, in fee simple, as I could do if living.
3. I devise and bequeath all of my estate of every nature
and wherever situate to my wife, Dorothy S. Bassett, providing
she shall survive me by sixty days.
4. Should the gift in Paragraph No. 3 not take effect, I
devise and bequeath all of my estate of every nature and wherever
situate as follows:
A) One-third (1/3) to my son, Gerry N. Bassettt and if
he is not living at the time of my deatht to his childrent share
and share alike.
B) One-third (1/3) to my daughter, Linda E. Darrah,
and if she is not living at the time of my death, to her
children, share and share alike.
C) One-sixth (1/6) to my step-son, Thomas R. Speake,
and if he is not living at the time of my deatht to Margery S.
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Alleman, and if she is not living at the time of my death, to her
children, share and share alike.
D) One-sixth (1/6). to my step-daughter, Margery S.
Alleman, and if she is not living at the time of my death, to her
children, share and share alike. ~~
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5. I nominate and appoint Dorothy S. Bassett to be the
executrix of this my last will and testament; she is to serve as
such without bond. Should she die before my death, renounce or
refuse to serve for any reason, or die leaving any of my estate
unadministered, I nominate and appoint Gerry N. Bassett and
Thomas R. Speake, as substitute executors, also to serve as such
without bond, with the same powers as are given herein to my
executrix.
6. I hereby suggest that my personal representative retain
the services of Irwin, Irwin & McKnight,' as attorneys in the
settlement of my estate.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this Lq" day of January, 1991.
_/(tX;i~1U /1 /J;;~2'JZ(SEAL)
NILSSON S. BASSETT
Signed, sealed, published and declared by Nilsson S.
Bassett, the above named testator, as and for his last will and
testament, in the presence of us, who at his request, in his
presence and in the presence of each other have subscribed our
names as witnesses hereto.
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ACKNOWLEDGEMENT AND AFFIDAVIT
WE, NILSSON S. BASSETT, BETlI A. MORRISON and SHARON
L. SCHWALM, the testator and witnesses respectively, whose
names are signed to the foregoing instrument, being first duly
sworn, do hereby declare to the undersigned authority that
the testator signed and executed the instrument as his Last
Will and that he had signed willingly, and that he executed it
as his free and voluntary act for the purpose herein expressed,
and that each of the witnesses, in their presence and hearing
of the testator, signed the Will as a witness and that to
the best of their knowledge. the testator was at that time
eighteen years of age or older, of sound mind and under no
constraint or undue influence.
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NILSSON S. BASSETT
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Z . MORR SO
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, SHARON L. SCHWALM
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ss.
Subscribed, sworn to and acknowledged before me by
NILSSON S. BASSETT, the testator, and subscribed and sworn to
before me by SETZI A. MORRISON and SHARON L. SCHWALM, witnesses,
this 1-4' day of January, 1991.
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INRE: ESTATEOF
NILSSON S. BASSETT,
Deceased, Late of West Pennsboro
Township, Cumberland County,
Pennsylvania
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
ORPHAN'S COURT DIVISION
NO.
AFFIDAVIT OF SCRIVENER OF
LAST WILL AND TESTAMENT OF NILSSON S. BASSETT
I, ROGER B. IRWIN, an Attorney from the Commonwealth of Pennsylvania, submit this
Affidavit in Support of the Petition to Admit Copy of Original Will to Probate in the above-
captioned matter, and being duly sworn according to law, depose and say the following:
1. In 1991, at the time of the preparation and execution of the Last Will and
Testament of Nilsson S. Bassett, I was a licensed attorney of the Commonwealth of
Pennsylvania.
2. In 1991 Nilsson S. Bassett requested that I prepare a will for him, a true and
correct copy of which document is attached to the Petition as Exhibit "c."
3. The original will was given to Nilsson S. Basset on January 29, 1991. A copy of
said will was retained at the office of Irwin, Irwin & McKnight, now known as Irwin &
McKnight.
4. Prior to his decease, Mr. Bassett never requested or gave any instructions to me to
revoke, destroy, amend or change his Last Will and Testament.
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5. To the best of my knowledge, Mr. Bassett desired that his estate be administered
in accordance with the Last Will and Testament signed on January 29, 1991.
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND :
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On this, the ~day of April, 2007, before me, the undersigned officer, personally
appeared ROGER B. IRWIN, known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the within instrument, and acknowledged that he executed same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
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N< tary Pub ic
(SEAL)
COMMONWEALTH OF PENNS :VANIA
1\1".,[; i,a! Seal
K~rt,y'r;:l, Notary Public
ClIY;,'; '" Cumberland County
My (/.:i,fUh,ssion Expires Dec. 8. 2007
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RENUNCIATION
REGISTER OF WILLS
CUMBERLAND COUNTY, PENNSYLVANIA
Estate of NILSSON S. BASSETI
, Deceased
I, THOMAS R. SPEAKE
(Print Name)
SUBSTITUTE EXECUTOR
, in my capacity/relationship as
of the above Decedent, hereby renounce the right to
administer the Estate of the Decedent and respectfully request that Letters be issued to
GERRY N. BASSETI
f /2. 3!Zt;1{) 1
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(Date)
5 CANDLELIGHT WAY
(Street Address)
ASHLAND MA 01721-1065
(City. State. Zip)
Executed out of Register's Office
Before the undersigned personally appeared the
party executing this renunciation and certified
that he or she executed the renunciation [pr the
purposes stated within on this J. ..:3 r day
of A--pri) , ~ ()o "7 .
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Executed in Register's Office
Sworn to or affirmed and subscribed
before me this day
of
Deputy for Register of Wills
Notary Public
My Commissi n E Pire~\.,\.,ot i ~. "dCi:JY]
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
Form RW-06 rev. /0.13.06
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COURTNE'Y ' 'nORE
Notaiy Pu~.;r.
Commonwealth of !Io.,.'.,~,';J.l'Jsetts
My Cornmissiw E,,;, . ,$
Au us! 16, 20.9i .. "
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