HomeMy WebLinkAbout07-18-07
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF e LJ Mb.e.r ~a.() c1-- COUNTY, PENNSYLVANIA
Estate of
also known as
Dio.V'e. E". ""Du.'Pr~
, Deceased
File Number 6) \ ~. (J I - 0 Lo 7q
18~ - .3tl- It z 1
Social Security Number
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
rfA. P",b,....d Gmt ., L..." T'{o.....n..'Y ... "" that p,,;ti..,,[.) ~ I = tho
last Will of the Decedent dated 1/ 1\ q 3 and codicil(s) dated
,
(b- uc~-ror~
narned 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
"(lfapplicable, enter: c.t.a.; d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate)
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: (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.)
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(List street address, townlcity, township, coun . state, zip code)
Decedent, then ~ years of age, died on 7/ Q / 07
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Name
Relationshi
=
......,
at
lO'.ISarl\
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in P A) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$ ';200 IOQO
$
$
$
situated as follows:
h~__
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:
rinted name and residence
'+8~
Form RW-02 rev. IO.J3.06
Page 10f2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
ell 1 fM.' ~f \11'1) d
SS
COUNTY OF
The Petitioner(s) above-named swear(s) or affinn(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and beliefofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
'i
Sworn to or affinned and subscribed
before me the ~ ~ day of
OU\'-l ,8-007
fh (J l11u m rVlQti....
For theCahlster
"
Signature of Personal Representative
File Number: . a \ - 01 - Ou,q
Estate of ~a(\e.. c E:". ~
Social Security Number: J K {g -34. - I r 21 Date of Death:
. Deceased
7-;J-07
AND NOW, J <J \ \ ( j ~ . (:too7. in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters
are hereby granted to
in the above estate
and that the instrument(s) dated
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES !J1A ~C"1\ zjCA ~''fU. (' ~(MbcuJ~
Letters ............... $ 8.lDD.oo RegisterofWUls ~ Y'" 6m~ 'tlt.f .
Short Certificate( s) . . . . . . . . $ J a . 0 a Attorney Signature:
Renunciation(s) .......... $
w,\\ ... $
o L1> .. . $
A\J'\-<i YY\Ck trJ(\ . . . $
.. . $
.. . $
.. . $
. .. $
... $
... $
TOTAL.............. $ ~\D. UO
In.CO
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Attorney Name:
Supreme Court J.D. No.:
Address:
Telephone:
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Forlll RW.02 rev 10.13.06
Page 2 of2
LAST WILL AND TESTAMD'l' OJ'
DIANE B. DUPRB
I, DIARB B. DUPRB, of Cumberland County, Pennsylvania, being
of sound and disposing mind, memory and understanding and
considering the uncertainty of life, do therefore make, publish and
declare this to be my Last Will and Testament, hereby revoking and
making null and void any and all Wills and Testaments or writings
in the nature thereof by me at any time heretofore made.
ARTICLB ONE
I direct the paYment out of my estate of the expenses of my
last illness if any, my funeral expenses, and my just debts, the
same to be paid out of my estate by my Executor hereinafter named,
I give,
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devise and bequeath all of the rest, r~ae :and
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my estate and property, real, personal ~r-mixed,~f
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as soon as conveniently may be after my demise.
ARTICLB TWO
remainder of
whatsoever nature and character and wheresoever situate, of which
I may die seized or possessed, or to which I am in any way entitled
at the time of my death, or over which I have any power of
testamentary disposition as follows, to wit:
A. One-half thereof unto my daughter, Kelly J. Eberly, if
she survives me, and if she does not survive me, then unto her
issue who survive me, per stirpes; and if my daughter Kelly J.
1
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Eberly does not survive me and leaves no issue who survive me, then
this one-half portion of the remainder of my estate shall pass
under and according to the terms and provisions of Article Two B.
of this my Last will and Testament.
B. One-half thereof unto my daughter, stacey M. Fritsche, if
she survives me, and if she does not survive me, then this one-half
portion of the remainder of my estate shall be divided into as many
equal shares as there are of the following: children of my
daughter stacey M. Fritsche who survive me, and children of my
daughter stacey M. Fritsche who do not survive me but leave issue
who survive me, and said shares shall be distributed as follows, to
wit:
( i) One such share to each of my daughter stacey M.
Fritsche'. children who survive me, except her daughter Jessica E.
Fritsche.
(ii) One such share per stirpes to the issue who survive me
of any deceased child of my daughter stacey M. Fritsche.
(iii) In the event my granddaughter Jessica E. Fritsche
survives me, then one such share shall be distributed, in trust,
unto my daughter, Kelly J. Eberly, as Trustee, to hold, administer
and distribute the same and any income or proceeds therefrom or
additions thereto, for the following uses and purposes:
(a) For the duration of the life of my grandchild,
Jessica E. Fritsche, the Trustee may payor apply
for my said grandchild's benefit, such amounts from the
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net income and principal of this trust as the Trustee in
the exercise of the Trustee's absolute discretion deems
advisable for the welfare of my said grandchild. In
making such distributions to or for the benefit of my
said grandchild, the Trustee shall take into
consideration all other resources available to my
grandchild, including any benefits to which my grandchild
is, or may be, entitled through public assistance,
medical assistance, or from any other governmental or
other resources. My Trustee may hold and retain any or
all of the income and principal of this trust as the
Trustee, in the exercise of the Trustee's absolute
discretion, shall deem advisable for the uses and
purposes herein set forth.
(b) In exercising the discretionary powers herein
conferred on the Trustee, the Trustee shall be guided by
the following statement of my purposes and intentions.
It is my expectation that the trust income and principal
will not be made available to provide primary support for
my said grandchild. Therefore, the Trustee is directed
to investigate other sources of support available to my
said grandchild and to take whatever steps necessary to
enroll my grandchild for such benefits or assistance.
The Trustee is authorized to make trust distributions to
or on my said grandchild's behalf in such a way that my
said grandchild's life will be enriched and made more
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enjoyable, including providing recreational and vacation
opportunities for my grandchild. The Trustee is
authorized to expend the trust estate to procure more
sophisticated medical, dental, ophthalmological and other
similar treatment than may otherwise be available to my
said grandchild and to seek private rehabilitative and
educational training. I desire that my grandchild be
able to maintain contact wi th any siblings and other
family members, and the Trustee is authorized to expend
trust income and other principal for transportation costs
for my said grandchild or other family members to
facilitate such contact. The Trustee is authorized to
expend such amounts of income and principal as shall
enable my grandchild to achieve such grandchild's maximum
potential and to lead as comfortable a life as possible.
To that end, it is my desire, without it being legally
binding, that the Trustee may expend the income and
principal of this trust in ways that shall protect,
enforce and expand the rights of my said grandchild. I
desire the Trustee to exercise the discretionary power
conferred on the Trustee hereunder in a manner which
will provide flexibility in the administration of the
trust under conditions from time to time existing, and in
exercising such powers, the discretion of the Trustee
shall be conclusive as to the advisability of any
distribution of income or principal, and as to the person
4
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to or for whom such distribution is to be made, and the
same shall not be subject to judicial review.
FUrthermore, the Trustee is authorized to expend
such amounts of income and principal for the benefit and
to last the life of my said grandchild as shall best
provide for my grandchild's comfort and happiness without
regard to the effect that such distributions might have
upon the interest of the takers of the remainder of this
trust.
(c) This trust shall terminate upon the death of my said
grandchild, Jessica E. Fritsche; and upon such
termination, the Trustee shall distribute all remaining
principal and accrued income unto the issue of my
daughter stacey M. Fritsche who are living at the
time of such distribution, per stirpe~; and if there are
no issue of stacey M. Fritsche living at the time
of this distribution, then all remaining principal and
accrued income shall be divided into as many equal shares
as there are of the following: my daughter Kelly J.
Eberly if then living, and my daughter Kelly J.
Eberly's children then living, and my daughter Kelly J.
Eberly's children then deceased but leaving issue then
living; and the Trustee shall distribute one such share
to Kelly J. Eberly, if then living, and the Trustee shall
distribute one such share to each of my daughter Kelly J.
Eberly's children then living, and the Trustee shall
5
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distribute one such share per stirpes to the then living
issue of any deceased child of my daughter, Kelly J.
Eberly.
(d) In the event this trust will be considered by any
governmental agency or other provider as an asset or
resource of or for my said grandchild in determining the
contribution to be made by or for my grandchild for any
benefits, services or care to be provided by such entity
to my said grandchild and if in the sole discretion of
the Trustee it is deemed impracticable to continue to
administer this trust, the Trustee is hereby authorized
and empowered to terminate this trust whereupon the
Trustee shall distribute all remaining principal and
accrued income unto my daughter, Kelly J. Eberly.
(e) In the event any taker of the remainder of this
trust has not attained the age of twenty-five (25) years
at the time of distribution upon any termination of this
trust, then, if a trust or trusts are established for
any such taker under Article Three of this my Last
Will and Testament and if such trust is in existence
at the time of the aforesaid distribution, any share
which such taker may be entitled to receive hereunder
shall be distributed, in trust, to the Trustee of such
trust as a part of that trust for the uses and purposes
and under the terms and conditions thereof; and if
6
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there is no such trust as provided for in Article Three
hereof then in existence for any taker of the remainder
of this trust who has not then attained the age of
twenty-five (25) years, then the share which any such
taker may be entitled to receive hereunder shall be
distributed, in trust, to the trustee named in Article
Three hereof or any successor thereto, as trustee, to
be used and administered for the uses and purposes and
under the terms, conditions and trust provisions as set
forth in Article Three hereof.
( i v) In the event my daughter stacey M. Fritsche does not
survive me and leaves no issue who survive me, then I give, devise
and bequeath this one-half portion of the remainder of my estate
unto my daugther, Kelly J. Eberly, or her issue, who survive me,
per stirpes.
ARTICLE THREE
A. If any beneficiary other than my granddaughter Jessica E.
Fritsche, is entitled to a share of my estate, but such beneficiary
has not attained the age of twenty-five (25) years at the time of
distribution to such beneficiary, then I give, devise and bequeath
the share of such beneficiary to my daughter, Kelly J. Eberly, as
trustee, IN SEPARATE TRUST, NEVERTHELESS, to hold, manage, invest
and reinvest the share so received and the accumulation of income
thereon, and to use and apply the income and principal or so much
thereof as in the Trustee's discretion may be necessary or
7
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appropriate for such beneficiary's college education or any other
formal education or training beyond high school, for so long as
such beneficiary is duly enrolled in and attending an accredited
institution of higher learning, without regard to any other means
for such education, or to make paYment for these purposes without
further responsibility to such beneficiary or to such beneficiary's
guardian or to any person takinq care of such beneficiary. When
each beneficiary attains the age as set forth above, such
beneficiary's trust shall terminate and the principal and accrued
income thereof shall be distributed to such beneficiary absolutely.
If a beneficiary for whom a trust is created hereunder dies before
attaining the age set forth above, such beneficiary's Trust shall
terminate, and the principal and accrued income thereof shall be
distributed to the issue of such deceased beneficiary living at the
time of such distribution, per stirpes; and if such deceased
beneficiary shall leave no issue then livinq, then the principal
and accrued income of this Trust shall be distributed to the
personal representative of such deceased beneficiary.
B. Should the principal of any trust herein provided for be
or become too small in the Trustee's discretion so as to make
establishment or continuance of the trust inadvisable, my Trustee
or my personal representative may make immediate distribution of
the then remaining principal and any accumulated or undistributed
income outright to the person or persons and in the proportions
they are then entitled to income. If any such person is then a
8
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minor, distribution may be made to the guardian of such minor.
Upon such termination, the rights of all persons who might
otherwise have an interest as succeeding income beneficiary or in
remainder shall cease.
c. In the event my said daughter Kelly J. Eberly does not
survive me or becomes unwilling or unable for any reason to serve
as Trustee of any trust created hereunder, then I appoint, nominate
and confirm my daughter, stacey M. Fritsche, as and to be the
successor trustee, whereupon she shall administer such trust and
shall have the duties and powers of Trustee as herein set forth.
ARTICLB POUR
No interest of any beneficiary under this will or any codicil
hereto or any trust created hereunder shall be subject to
anticipation or voluntary or involuntary alienation.
ARTICLE PIVE
The Trustee shall be entitled to receive commissions or
compensation .for services hereunder, which commissions or
compensation shall be charged against or payable from both
principal and income received on an annual basis at such rates as
may be reasonable and customary.
ARTICLE SIX
I nominate, constitute and appoint my daughters, stacey M.
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Fritsche and Kelly J. Eberly, or the survivor of them to be the
Executor of this my Last Will and Testament.
ARTICLB SBVBN
All federal, state and other estate, inheritance and death
taxes payable because of my death, with respect to the property
passinq under this will, includinq any interest or penalty which
may be imposed thereon, shall be considered a part of the expense
of the administration of my Estate and shall be paid out of the
residue of my Estate before distribution of the residue is made, so
that all residuary beneficiaries, whether charitable of otherwise,
shall proportionately share in the paYment of the same.
ARTICLE EIGHT
I direct and request that any fiduciary under this my Last
Will and Testament, shall not be required to enter bond or security
of any nature whatsoever in any jurisdiction in which such
fiduciary may act.
IN WITNESS WHBREO~, I have hereunto set my name and affixed my
seal to this my Last will and Testament which consists of eleven
(11)
10
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paqes this 11th day of January, 1993.
DuQ~;L~ ~
DIANE E. DUPR
( SEAt,,)
s.s.# I~~- '3Lf~fl6tj
8IGIIBD, sealed, published and declared by the above-named
Testator as and for the said Testator's Last will and Testament in
the presence of us who have hereunto subscribed our names at the
Testator's request as witnesses thereto, in the presence of the
said Testator and of each other.
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OATH OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
0JlJ~'ac>~(\o l\d- COUNTY, PENNSYLVANIA
Estate of
'l)iao e.
E. -n v...p f e..
, Deceased
. ...5tQ.ce'{ M. W~(') and r\e..\hl J. ~ilrn('(1 bd ,
(each) being duly qualified according to law, depose(s) and say(s) that she / he /~ was / @ well-
acquainted with ""'l) III 0("\ P.- E.""T') )f 0( .e-. and aII1.@familiar
with the handwriting and signature of the decedent, and that the signature of ---.J)itlr.e.. E. Dupre.
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of 'TI\o..(l~ 'E. D~
is in his@wn proper handwriting.
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(. ature
a30l, ~/fLr;~L- ~Yck..-
(Street Address)
(Ci.~)a.(\d UI 4? Y5"le
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(Signature)
(lt~es:PO-()' &-,-Is 'Kd
B(sh~Udk I r\II 0 c;H ~ (~
(City, State, Zip)
Ex~ciii~d in Register's Office
Sworn t~ or affim\edand subscribed
be.for~ 'me this ~'I ()
. o.f~u\ ~ .
day
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FormRW-04 rev. 10.13.06
REGISTER OF WILLS CUMBERLAND COUNTY
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OATH OF SUBSCRIBING WITNESS
Bruce C. Bankenstein, a subscribing witness to the will
presented herewith, being duly qualified according to law, deposes
and says that he was present and saw Diane E. Dupre, the testator,
sign the same and that he signed as a witness at the request of
testator in the testatoris presence and in the presence of the
other subscribing witness.
Sworn to or affirmed and
subscribed before me this
/ 1~ day of July, 2007.
'f1~~J 0<'. 7J~&~.J~~
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Patricia L. McElwain, Notary Public
City of York. York County
My Comin\s8lon Expire. Nov. &, 200i
fJK
Bruce C. Bankenstein
48 South Duke Street
York, PA 17401
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