HomeMy WebLinkAbout07-16-07
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Oliver W. Farrow Jr
also known as
, Deceased
COUNTY, PENNSYLVANIA
File Number 21-- 67 - 0 l.9-tn. \
221-20-0525
Social Security Number
REGISTER OF WILLS OF
CUMBERLAND
Ruth J. ~arrow
Petitioner(s), who Is/are 18 years of age or older, appIY(les) for:
(COMPLETE 'A' or 'B' BELOW:)
[!] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor
last Will of the Decedent. dated 07/15/2004 and codicil(s) dated
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
(Ir apptICBDfB, flfRfIf. C.I.a.; a.D.n.G.l.a., peaenra me, auranrellDSflnClll, uuramft mlnor1lacel
Petitioner(s) after a proper search haslhave 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.)
ame
eSI ence
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his I her
518 Springhouse Road, Camp Hill, Hampden, Cumberland, PA 17011
(Ust street address, town/city, townshtp, county, state, Ztp code)
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Decedent, then 72 years of age, died on OS/25/2007 at
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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:
$
$
$
$
11,000.00
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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:
Form
Rev. 10-13-2006
Copyright (c) 2006 fonn software only The Lackner Group, Inc.
Page 1 of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } SS
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. ~.~ C;; ~ ~~~~
Sworn to or affirmed and subscribed _~_);/:: / ~~v--
Signature 0 epresen a itv Ruth J. Farrow
before me this
day of
Signature of Personal RepresentatIve
Signature of Personal RepresentatIve
File Number:
21-01 -OlQ.lo.. \
Estate of Oliver W. Farrow Jr
, Deceased
Social Security Number:
221-20-0525
Date of Death: OS/25/2007
AND NOW, (. ) \l \ ~ I ( g
having been presented before me, IT IS DECREED that Letters
are hereby granted to Ruth J. Farrow
pc )()l ' in consideration of the foregoing Petition, satisfactory proof
Testamentary
Renunciation(s).............................
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and that the instrument(s) dated 07/15/2004
described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
FEES
Letters..... ....................................... $
Short Certificate(s)........................
Attorney Signature:
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Attorney Name: Donna M. Mullin Esq.
Supreme Court 1.0. No.: 30392
James, Smith, Dietterick & Connelly
Address: 134 Sipe Avenue
Hummelstown, PA 17036
Telephone:
717-533-3280
Form RW-02 Rev. 10-13-2006
Copyright (c) 2006 fonn software only The Lackner Group, Inc.
Page2of2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
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.
Fee for this certificate, $6.00
L~('~W1df/~7
~cal Registrar Date Issued
P 13670263
Certification Number
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CORONER'S CERTIfICATE OF DEATH
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Last Will
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OLIVER W. FARROW, JR. .~~~~ (j\
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I, OLNER W. FARROW, JR., the Testator, a resident of Cumberland County, te~ylv~
declare that this is my Last Will. I hereby revoke all my previous wills and codicils.1Z .;.
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Article One
Introductory Provisions
Section 1. Marital Status
I am currently married to RUTH J. FARROW, and all references to my Spouse in this will are to
RUTH J. FARROW.
Section 2. Children
All references to "my children", subject to the exclusion of any child under subsequent
provisions of this Section 2, are to all of the children so identified in this Section 2, but only to
those children and any children born to or adopted by me subsequent to the execution of this, my
Last Will.
a. My Children
The names and birth date of my children are:
Names
Birth Dates
SCOTT VINCENT FARROW
SUSAN GARTON FARROW
January 30, 1959
February 12, 1961
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Section 3. Exclusion of Children or Other Descendants
I hereby acknowledge the existence of the below listed children and intentionally, with full
knowledge, have chosen to exclude them and their descendants from any benefit under the terms
of this Last Will and my Trust Agreement:
SCOTT VINCENT FARROW
SUSAN GARTON FARROW
Article Two
Appointment of My Personal Representatives
Section 1. Nomination of My Personal Representatives
I appoint the following to be my Personal Representative(s) in the order of priority in which their
names appear:
RUTH J. FARROW; THEN
ROGER W. BANEY; THEN
ROBERT S. BANEY AND STEPHEN E. BANEY,
ACTING JOINTLY
If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve,
the next successor Personal Representative( s) shall serve in the order of priority listed until the
list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving,
the next named successor Personal Representative shall serve only after all of the Co-Personal
Representatives cease to act as Personal Representatives.
Section 2. Waiver of Bond
No bond or undertaking shall be required of any Personal Representative nominated in this Last
Will.
Section 3. General Powers
My Personal Representative shall have full authority to administer my estate under the laws of the
Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative
shall have the power to administer my estate under the Pennsylvania Probate, Estates and
Fiduciaries Code.
Article Three
Disposition of My Property
Section 1. Estate Planning Letter or Memorandum
To the extent permitted by state law and not necessary to fully utilize my Unused Applicable
Credit Equivalent, my Personal Representative shall distribute such of my personal or household
items to such persons as I may direct by a written instrument signed by me and delivered to my
Personal Representative.
Section 2. Distribution to My Revocable Living Trust
I give all the rest, residue and remainder of my property of whatever nature and kind and
wherever located to the then acting Trustee(s) of my revocable living trust of which I am a
Trustor known as the:
OLIVER W. FARROW, JR. LIVING TRUST,
dated January 20,2000, and any amendments thereto.
I executed said revocable living trust prior to the execution of this Last Will.
Section 3. Alternate Disposition
If my revocable living trust is not in effect for any reason, I give all of my property to my
Personal Representative under this will as Trustee who shall hold, administer and distribute my
property as a testamentary trust the provisions of which are identical to those of my revocable
living trust on the date of execution of this Last Will, or as thereafter amended.
Article Four
Death Taxes
Section 1. Definition of Death Taxes
The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and
other similar taxes that are payable by any person on account of that person's interest in the estate
of the decedent or by reason of the decedent's death, including penalties and interest, but
excluding the following:
a. Any additional to the federal estate tax for any "excess retirement accumulation"
under Internal Revenue Code Section 4980A.
b. Any additional tax that may be assessed under Internal Revenue Code Section
2032A or 2057; and
c. Any federal or state tax imposed on a Generation Skipping Transfer, as that term
is defined in the federal tax laws, unless the applicable tax statutes provide that
the Generation Skipping Transfer Tax is payable directly out of the assets of my
gross estate.
Section 2. Payment of Death Taxes
Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to
property inventoried in my probate estate shall be paid by the Trustee from my Trust. However,
if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to
pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot
be paid by my Trustee from the assets of my probate estate by equitably prorating and
apportioning those taxes among the beneficiaries of this will.
Unless specifically provided otherwise in my Trust, all death taxes incurred by reason of assets
being transferred outside of my Trust or probate estate shall be assessed against those persons
receiving such property.
Section 3. Waiver of Right of Reimbursement Under Code Section 2207A
I hereby waive my estate's right of reimbursement under Code Section 2207 A.
Article Five
General Provisions
Section 1. No Contest Clause
If any person or entity singularly or in conjunction with any other person or entity, directly or
indirectly, contests in any court the validity of this Last Will including any codicils thereto, then
the right of that person or entity to take any interest in my estate shall cease and the demise of
that person (and his or her descendants) or entity shall be deemed to have occurred prior to mine.
Section 2. Captions
The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of
reference only and shall have no significance in the construction or interpretation of this Last
Will.
Section 3. Severability
Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity
shall not affect any of the other provisions of this will and all invalid provisions shall be wholly
disregarded in interpreting this Last Will.
Section 4. Governing Law
This Last Will shall be construed, regulated and governed by and in accordance with the laws of
the Commonwealth of Pennsylvania.
ATTESTATION CLAUSE
On this
JUL 1 5 200..
, OLIVER W. FARROW, JR., Testator, personally Published
and Declared the foregoing instrument, as and for his Last Will and Testament, in the presence of
each of us and all of us together, who, at his request, in his presence, and in the presence of each
other, also signed the said instrument as witnesses. We further state that each of us believes that
at the time he executed the foregoing instrument he was of sound mind and memory, of lawful
age, and did so execute it as his own free act and deed and not under the constraint or undue
influence of any person.
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Witness
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City, State, Zip
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-Witness
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Street Address
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
We, OLIVER W. FARROW, JR., :Do", n L.- (rJ, ~ f{.:v and
5VS?JIj rn (!-!~CV I~ , the Testator and the witnesses, respectively, whose
names are signed to the attached or foregoing instrument, being duly first sworn, do hereby
declare to the undersigned authority that we were present and saw the Testator sign and execute
the foregoing instrument as his Last Will; that the Testator signed it willingly, or directed another
to sign it for the Testator, that it was executed as his free and voluntary act for the purposes
therein expressed; that each subscribing witness in the presence and hearing of the Testator
signed the Last Will as a witness; and that to the best of our knowledge the Testator was at the
, of lawful age, and under no constraint or undue influence.
SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me, a notary public, by
OLIVER W. FARROW, JR., the Testator, and 1)0<A f\.1w tn. nt /A,t(/.rt and
6UStUr /l{ ~ fM Je , the witnesses, on this JUL 1 5 200\
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Notarial Seal
Chelyl L. Baker, Notary Public
City 01 Harrisburg, ~ COIrty
My Commission Expires Jan. 13, 2f1Jl
Memblr. Pemsylvanle As8odaIlon Of NoIaries