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HomeMy WebLinkAbout08-10-07 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF t u mb pkf1&. Estate of also known as e% File Number COUNTY, PENNSYLVANIA ;t \ (f\ (Y1Si Social Security Number I;) 7-.3 8 - 3 f [3 d . Deceased uu!\/ 31 a.oo7 Petitioner(s), who is/arll8 years ~f age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) ~ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is lare the last Will of the Decedent dated ~ Y llll I q 1 7 and codicil(s) da. ted I W'I fe.- named in the (State relevant circumstances. e.g.. renunciation. death of executor. etc.) Except as follows, Decedent did not malTY, 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 applicable. elller: c.t.a.; d.b.n.c.t.a.; pendente lite; durallte abselltia; durallle milloritate) Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following s~e (if any) an.d..!;eirs: (If Administration. c.t.a. or d.b.n.c.t.a.. elller date of Will in Section A above and complete list of heirs.) ~ 0 2.-::'; .c'.~ ::0 -." Name Relalionshi Resige~ c:: :::Q --/ - - (COillPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent wa domiciled at,death in I (List streel address. towlI/city. township. coullly. state. zip code nsylvania with his / her last principal residence ~ 70 tI Decedent, then 5 8' years of age, died on ~ at ::\t JY\ Ilr \fS \1 e oJfh CiL V'e Co raMJ ~. tYLI Decedent at death owned property with estimated values as follows: (If domiciled in P A) All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in P A) Personal property in County Value of real estate in Pennsylvania situated as follows: 3'/04 {a.rk C;'rulv. Ctt~A 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: ~mif1AJ 1:::1: ye,V\ e ''lie (' \ \ liD II Si"nature Page 1 of2 Form RW-02 rev. /0.13.06 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and conect 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. Sworn to or affirn1ed and subscribed Signature of Personal Representative ("") So ~'~~p >~2:I,=! ~- ,..::. =?:j " ,,- ::", )s-3~ -,"--.- :::p~ ~~ Signature of Personal Representative -.J ::00. c_.. G') a :!:l>< -~,,~ ~,'" ,...~"" ,,> .::- ~\ ()'l. 0, CS<b ~I 01 o7~8 Social Security Number: i::21 3 ~ 3'13 8 Date of Death: AND NOW, ~~ ~ If) , aObt, in cons' deration of having been presented before me, I IS DECREED that Letters are hereby granted to 7- flJ J1r' Tyle'" /f.R File Number: Estate of , Deceased Dll~, /07 I I in the above estate FEES Letters.. .I.~I~'" $ Short Certificate(s) . . . . . . . . $ Renunciation(s) .......... $ \Ah~ j~ and that the instrument(s) dated described in the Petition be admitted to probate and ;)(oO J"O Attomey Signature: 1<)' 10 S- Attorney Name: .., $ . .. $ .. . $ . .. $ ...$ .. . $ . .. $ .. . $ .. . $ TOTAL ..... . . . . . . . . . $ Supreme Court LD. No.: Address: Telephone: 3/ O. oil Page 2 of2 Form R. "V-O] rev. 10. i 3.06 .... j 'S /~ \1 I i. .,; ;1 ~.l' U / fIlJ) / ~ I, MARY HOLLINRkKE;CLBRK OF KENT COUNTY DO HEREBY CERTIFY tliattlte'f6regoing is actfueaRd exact copy qf the 9liginal dOC\llllen~on:61e in the office of the County Clerk. I ,",' "', 0810612007 ~~,:~~--- MA. ...........LLIN~KE. co Y CLERK I. D\...TED~ ,-~'; 1 4:<< THIS IS THE LAST WILL AND TESTAMENT of me, CALVIN S. TYLER, of the Town of Sussex, in the County of Kings and Province of New Brunswick. 1. I HEREBY REVOKE all Wills and testamentary dispositions of every nature or kind whatsoever by me heretofore made. 2. I NOMINATE, CONSTITUTE AND APPOINT my wife, IRENE TYLER, sole Executrix and Trustee of this my Will, but if my said wife should predecease me, or die within a period of thirty days following my decease, or without having proved this my Will,then, on the death of the survivor of me and my said wife, I NOMINATE, CONSTITUTE AND APPOINT my brother-in-law, DOUGLAS HENRY, of Jacksonville, Florida to be the Executor and Trustee of this my Will in the place and stead of my said wife. I hereinafter refer to my Executor and Trustee for the time being as my "Trustee". 3. I GIVE, DEVISE AND BEQUEATH all my property of every nature and kind and wheresoever situate, including any property over which I may have a general power of appointment, to my said Trustee upon the following trusts, namely: ( a) To use her discretion in the realization of my estate, with power to my Trustee to sell, call in and convert into money any part of my estate not consisting of money at such time or times; in such manner and upon such terms, and either for cash or credit or for part cash and part credit as my said Trustee may in her uncontrolled discretion decide upon, or to postpone such conversion of my estate or any part or parts thereof for such length of time as she may think best, and I hereby declare that my Trustee may retain any portion of my estate in the form in which it may be at my death, (notwithstanding that it may not be in the form of an investment in which trustees are authorized to invest trust funds, and whether or not there is a liability attached to any such portion of my estate) for such length of time as my said Trustee may in her discretion deem advisable and my Trustee shall not be held re- sponsible for any loss that may happen to my estate by reason of so doing. ,- iI"(],!",\ ~- , '-.c~J~;1l Iv I' '1',1"", ''.. ,. 'I 'dUO .J..tii !lJ\) ~_~.;j\.!V ti Cl i('''' \. ~I ;-,1'1 :Iv' /~ Cl .Jl....; hZ-I! I 'Ii 01 [""" :JUt, _. t ~ -2- (b) To pay my just debts, funeral and testamentary expenses and to payor transfer the residue of my estate to my wife, if she survives me for a period of thirty days, for her own use absolutely. (c) If my wife should predecease me or should survive me but die within a period of thirty days after my death, I direct my Trustee (i) To payout of and charge to the capital of my general estate my just debts, funeral and testamentary expenses and all estate inheritance and succession duties or taxes whether imposed by or pursuant to the law of this or any other jurisdicition whatsoever that may be payable in connection with any property passing ( or deemed so to pass by any governing law) on my death or in connection with any insurance on my life or any gift or benefit given or conferred by me either during my lifetime or by survivorship or by this my Will or any Codicil thereto. (ii) To hold the residue of my estate in trust for my issue alive at the death of the survivor of me and my said wife in equal shares per stirpes, provided that the share of each child of mine who shall be living at the death of the survivor of me and my wife shall be held and kept invested by my Trustee and the income and capital or so much thereof as my Trustee in his uncon- trolled discretion considers advisable shall be paid to or applied for the benefit of such child until he or she attains the age of nineteen years when the capital of such share or the amount thereof remaining shall be paid ro transferred to him or her, any income not so paid or applied in any year to be added to the capital and dealt with as part thereof, and provided further that if any child should die before attaining the age of nineteen years such share, or the amount thereof remaining, shall be held by my Trustee in trust for the children of such child who survive him or her in equal shares or if such child should leave no child him or her surviving, in trust for my issue alive lat the death of such child in equal shares per stirpes. And in case no child or other issue of mine shall acquire an absolutely vested interest by virtue of the trusts herein declared, I direct my Trustee to divide the residue of my estate or the amount thereof remaining in equal shares per capita among the following persons: Douglas Henry and Jacqueline Henry and Floyd Tyler and Helen Tyler of Malone, in the Statel of New York. 4. IF ANY PERSON should become entitled to any share in my estate before attaining the age of nineteen years, the share of such person shall be held and kept invested by my Trustee and the income and capital or so much thereof as my Trustee in his absolute ~3~ discretion considers necessary or advisable shall be used for the benefit of such person until he or she attains the age of nineteen years. 5. I AUTHORIZE my Trustee to make any payments for any person under the age of nineteen years to a parent or guardian of such person whose receipt shall be a sufficient discharge to my said Trustee. 6. IN THE CASE of the death of my wife, I HEREBY CONSTITUTE AND APPOINT Floyd Tyler and Helen Tyler to be the guardians of the persons and estates of my children during their respective minorities. 7. I HEREBY DECLARE that my Trustee when making investments for my estate shall not be limited to investments authorized by law for trustees but may make any investments which in his uncontrolled discretion he considers advisable and my said Trustee shall not be liable for any loss that may happen to my estate in connection with any such investment made by him in good faith. .'/II~ IN (" day 0 f TESTIMONY WHEREOF I have hereunto set my hand this MAY A.D. 1971. ) SIGNED, PUBLISHED AND DECLARED by the above named Testator, CALVIN S. TYLER, as and for his last Will and Testament, in the presence of us, both present at the same time, who at his request, in his presence and in the presence of each other, have h eunto subscribed our witnesses. /-" ~