HomeMy WebLinkAbout07-17-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WillS OF
Estate of Frederick B. Dewey
also known as
CUMBERLAND
COUNTY, PENNSYLVANIA
File Number 21-07- 0\01 a
, Deceased
Social Security Number
371-12-7890
Frederick B. Dewey Jr.
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
[!I A. Probate and Grant of Letters Testamentaryand aver that Petitioner(s) is/are the Executor
last Will of the Decedent, dated 1 0/25/2002 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
(If appllcaDle, enter: c.t.a.; a.D.n.C.t.8.; peaente lIre; durante aosenns; durante mmontateJ
Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs(/f
AdministratIon, c. t. a. or d.b.n.c. t. a., enter date of Willin Section A above and complete list of heirs.)
Name
Relationship
Residence
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with
3620 Logan Court, 1C, Camp Hill, Hampden, Cumberland, PA 17011
(List street address, town/city, township, county, state, zip code)
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his I her last principal residence at
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Decedent, then 86 years of age, died on 06/29/2007
at Vero Beach, Florida
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property $
(If not domiciled in PAl Personal property in Pennsylvania $
(If not domiciled in PAl Personal property in County $
Value of real estate in Pennsylvania $
situated as follows: 3620 Logan Court, 1C, Camp Hill, Hampden Township, Cumberland County, PA
1,036,000.00
220,000.00
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:
Typed or printed name and residence
Frederick B. Dewey Jr. 4119 Crestview Road
Harrisburg, PA 17112
717.540.5348
Form
Rev. 10-13-2006
Copyright (c) 2006 form software only The Lackner Group, Inc.
Page 1 of2
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cumberland
Oath of Personal Representative
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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 th nt, Petitioner(s) will well and truly
administer the estate according to law.
Swom to or affirmed and subscribed
before me this
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day of
File Number:
Frederick B. Dewey Jr.
Signature of Personal Representative
Signature of Personal Representative
21-07- ()lo'1~
Social Security Number:
Estate of Frederick B. Dewey
371-12-7890
Date of Death: 06/29/2007
, Deceased
AND NOW,
, in consideration of the foregoing Petition, satisfactory proof
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are hereby granted to Frederick B. Dewey Jr.
Testamentary
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in the above estate
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and that the instrument(s) dated 10/25/2002
described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent.
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Form RW-02 Rev. 10-13-2006
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Attorney Signature:
Attorney Name:
Wayne M. Pecht
Supreme Court 1.0. No.:
38904
Pecht & Associates, PC
1205 Manor Drive, Suite 200
Address:
Mechanicsburg,PA 17055
Telephone:
717 -691-9810
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Copyright (cl 2006 form software only The Lackner Group. Inc.
Page 2 of 2
CERTIFICATION OF VITAL RECORD
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LAST WILL AND TESTAMENT OF
FREDERICK B. DEWEY
I, FREDERICK B. DEWEY, of Cumberland County, Pennsylvania,
do hereby make this my Last Will and Testament, revoking any and
all former Wills and Codicils made by me.
FIRST: I am not married. I have two children: Frederick
B. Dewey, Jr. (born: June 23, 1949) and Kenneth W. Dewey (born:
April 9, 1953). These children are described in this Will as
"my children," or as "a child of mine." Any person born to or
adopted by a child of mine is described in this Will as "my
issue."
Provided, however, no adopted person shall benefit
hereunder unless the order or decree of adoption is entered
before such adopted person attains the age of twenty-one (21)
years.
SECOND:
I give my tangible personal property and all
casualty insurance that I am carrying on said tangible personal
property to my children. I have complete confidence that my
children or my Executor will honor any written instructions that
I may leave with regard to said tangible personal property. Any
such property not so distributed shall be sold, and the proceeds
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added to my residuary estate to pass as hereafter described.
THIRD:
I give, devise, and bequeath Eighty-Five Thousand
Dollars ($85,000) to Mary Engle. If Mary Engle does not survive
me, this gift shall lapse.
FOURTH:
I give, devise, and bequeath the rest, residue
and remainder of my estate, real and personal, to my children,
Frederick B. Dewey, Jr. and Kenneth W. Dewey, in equal shares,
per stirpes.
FIFTH:
If any beneficiary and I should die under such
circumstances as would render it doubtful whether the benefi-
ciary or I died first, then it shall be conclusively presumed
for the purposes of this my Will that said beneficiary prede-
ceased me.
SIXTH: I name my sons, Frederick B. Dewey, Jr. and Kenneth
W. Dewey, or the survivor of them, as my Co-Executors. I
direct that my Co-Executors serve without bond in any jurisdic-
tion in which called upon to act.
(2) Except as otherwise provided herein, if my
Executor or any successor as herein defined should fail to
qualify as Executor hereunder, or for any reason should cease
to act in such capacity, the successor or substitute Executor
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shall be some bank or trust company with trust powers, which
successor or substitute Executor shall be designated in a
written instrument filed with the court having jurisdiction over
the probate of my estate.
(3) For services as Executor, my Executor shall
receive reasonable compensation.
SEVENTH: (1) I give to any Executor named in this Will
or any Codicil hereto or to any successor or substitute Executor
all of the powers enumerated in this Will and all of the powers
applicable by law to fiduciaries in the Commonwealth of
Pennsylvania and in particular through the Pennsylvania Probate,
Estates and Fiduciaries Code, as effective and as in effect on
the date hereof, during the administration and until the
completion of the distribution of my estate. I direct that all
such powers shall be construed in the broadest possible manner
and shall be exercisable without court authorization.
(2) In determining the federal estate and income tax
liabilities of my estate, my Executor shall have discretion to
select the valuation date and to determine whether any or all
of the allowable administration expenses in my estate shall be
used as federal estate tax deductions or as federal income tax
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deductions.
(3) My Executor is authorized and empowered to
acquire and to retain, either permanently or for such period of
time as my Executor may determine, any assets, including the
capital stock of any closely held corporation, whether such
assets are or are not of the character approved or authorized
by law for investment by fiduciaries and whether such assets
do or do not represent an overconcentration in one investment.
(4) My Executor is authorized and empowered to
disclaim any interest, in whole or in part, of which I or my
Executor may be the beneficiary, devisee, or legatee, by
executing an appropriate instrument (in accordance with section
2518 of the Internal Revenue Code of 1986, as amended and
supplemented, or such similar section as may then be in effect) .
(5) My Executor is authorized and empowered to sell
at public or private sale, or exchange, and to encumber or
lease, for any period of time, any real or personal property and
to give options to buy or lease any such property. Addition-
ally, my Executor is authorized and empowered to compromise
claims, to borrow from anyone (including a fiduciary hereunder)
and to pledge property as security therefor, to make loans to
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and to buy property from anyone (including a fiduciary or
beneficiary hereunder); provided that any such loans shall be
adequately secured and at a fair interest rate.
(6) My Executor is authorized and empowered to
allocate property, charges on property, receipts and income
among and between principal or income, or partly to each,
without regard to any law defining principal and income.
EIGHTH: No interest of any beneficiary under this Will, any
Codicil hereto, shall be subject to anticipation or to voluntary
or involuntary alienation.
NINTH: All estate, inheritance, succession and other death
taxes imposed or payable by reason of my death and interest and
penalties thereon with respect to all property comprising my
gross estate for death tax purposes, whether or not such
property passes under this Will, shall be paid out of the
residue of my estate, as if such taxes were expenses of
administration, without apportionment or right of reimbursement.
I authorize my Executor to pay all such taxes at such time or
times as deemed advisable.
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IN WITNESS WHEREOF, I have set my hand and seal on this my
Last Will and Testament this 25th day of October 2002.
SIGNED, SEALED, PUBLISHED, and
DECLARED by FREDERICK B. DEWEY
as and for his Last Will and
Testament, on the day and year
last above written, in the
presence of us, who, at his
request, in his presence, and
in the presence of each other,
all being present at the same
time, have hereunto subscribed
our names as witnesses:
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FRED RICK B. DEWE
(SEAL)
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SELF-PROVING AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
WE, FrederickB. Dewey, and
Patricia D. Olyarnik
Wayne M. Pecht
and
Elizabeth Goldstein
the Testator and the witnesses, respectively, whose names are
signed to the attached or 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 purposes therein expressed, and
that each of the witnesses, in the presence and hearing of the
Testator, signed the Will as witness and to the best of his or
his knowledge the Testator was at that time eighteen (18) years
of age or older, of sound mind, and under no constraint or undue
influence.
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Fr~k B. De~tator
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Witness
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Subscribed, sworn to, and acknowledged before me by Frederick
B. Dewey, the Testator, and subscribed and sworn to before me
by Wayne M. Pecht Patricia D. Olyarnik and
Elizabeth Goldstein , witnesses, this 25th day of October
2002.
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Not Y Public ..._
NOTARIAL SEAL
CYNTHIA J. RULE, Notary Public
Camp Hill Boro., Cumberland County
Mv Commission EXph8S Jan. 24, 2004
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Page 1 of 1
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RENUNCIA nON
REGISTER OF WLLS OF
CUMBERl.AND
COUNTY. PENNSYLVANIA
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My CommisliDn Expires:
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