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HomeMy WebLinkAbout08-31-07 Estate of Chester Willard Frv. Jr. Register of Wills of Dauphin County, Pennsylvania PETITION FOR GRANT OF LETTERS al-Ol- OglD No. also known as , Deceased Social Security No.: 207-09-1877 Petitioners, who are 18 years of age or older, apply for: (COMPLETE "A" OR "B" BELOW:) -1L- A. Probate and Grant of Letters and avers that Petitioners are the Executors named in the last Will of the Decedent dated and codicil(s) dated Julv 9. 2007 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 bom or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incapacitated: o B.Grant of Letters of Administration (c.I.a., d.b.n.c.t.a.; pendente lite; durante absentia; durante minoritate) ro r search haslhave ascertained the Decedent left no Will and was survived b Relationship (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. -u :x w .- co County, Pennsylvania, with hislher last family or principal residence at no :,C)-ll r-': -!:J ....., -r;~ -:~ 'I: Decedent was domiciled at death in Cumberland 43 Cirde Drive. East Pennsboro Townshio (list street, number and municipality) Decedent, then 87 years of age, died Auaust 8. 2007 at Harrisbura Hosoital (Location) 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 ......................................................................... TOTAL........................................................................................................................ Real Estate situated as follows: Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the appropriate form to the undersi lied: $ $ $ $ $ 178.600.00 343 000 00 165.000.00 Signature Typed or printed name and residence Linda Jo Dinsmore, 242 Stetler Road, New Cumberland, PA 17070 'I' David Brian Rhoads, 94 Sachem Road, Needham Heights, MA 02494 00404761.1 Oath of Personal Representative Commonwealth of Pennsylvania County of Dauphin The Petitioners above-named swear and affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners and that, as personal representatives of the Decedent, Petitioners will well and truly administer the estate according to law. Sworn to and affirmed before me thiScQctuday of au fY · ot . 2007 ~. '\I~ ~~...;:f ~~ DECREE OF REGISTER .~ ~. Estate of Chester Willard Fry. Jr. . Deceased No. ~ ( ~ 07 - OCZ/O AND NOW, proof having been presented Date of Death: Auaust 20. 2007 , 2007, in consideration of the Petition on the reverse side hereon, satisfactory IT IS DECREED that Letters V' Testamentary of Administration (c.la., d.b.n.c.la.; pendente lite; durante absentia; durante minoritate) FEES Letters (Short in lieu)............................... $ Short Certificate( s) <..!D.J....................... $ \. %0.00 4D. 1)0 dunola ~ Extra Pages <-> ................................. $ .W.L.tt.................................................. $~ Attorney: ~A Ju,a4lXLU~ Register of Wills pRY cr . ~W Renunciation........................................... $ /. T.R. .......... .......... .......... ......... ................ $ 1.0. No.: 72190 JCP Fee.................................................. $ /0.00 Address: DATE FILED: 3511 North Front Street Harrisbura. PA 17110 r-..;) C) :5 (717) 236-9$t5) ...... ..,"-0 ~ . .' " c=: . )s~~ (7) . .-;: =0 W 1..1';::""" ---;:J . "1 Inventory.................................................. $ Other ..fhLfn..................................... $ S.[X) TOTAL. ...................................... $~ Telephone: ~Ti .-=) '_I"" "-_,.; ..'cJ 2 ~3 ;?, ):ss --I ji2 .. . (~',:~ -0 :E: W ... ex> - "t-j <~> . I 00404761.1 OATH OF NON-SUBSCRIBING WITNESS(ES) ~GISTER OF WILLS 11- () 7... . ~/O COUNTY, PENNSYLVANIA Estate of ~, L (7 csT elL "\IlL Llf}C\-f) F/z-1 J 1-. I , Deceased and (each) being duly qualified according to law, depose(s) and say(s) that acquainted with C ~fS.lt c vVl\.-I...l''lA.P fizy Jtt. , with the handwriting and signature of the decedent, and that the signature of sheS they was / were weIl- and @ire familiar (( (-t{" S'T {l\. W t "'" If'!\--O to the foregoing instrument purporting to be the Last Will and Testament/Codicil of (,1 -1, J /l . is in~er own proper handwriting. 4) d:- (Signature) - l- + L So leT l.'i It. e..OJ)O (Street Address) Nt"'" lJ..Mf>e-tt\-It-r;/? ,f/!; /707;:) (City, State, Zip) ( (Signature) (Street Address) (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this Q' ~ day of Ougu ~ -I- , t\2D07 . ('") So '~:n -u 1 .:r: ('") " '~r>r- zrn _,.:::::0 ~_''-.J'..J^ -; S"JO (:)11 ;; -0 --I ;C.. r-." = c:::> --.! ;:no. C c;-) W " -- -- w +:- \.0 FormRW-04 rev, /0./3.06 Oath of Personal Representative Commonwealth of Pennsylvania County of Dauphin The Petitioners above-named swear and affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioners and that, as personal representatives of the Decedent, Petitioners will well and truly administer the estate according to law. Sworn to and affirmed before me this ~ day of ~ (l~:~~ I D1A 1 D1wt '-(" " Udf I V ~~~~ DECREE OF REGISTER Estate of Chester Willard Fry. Jr. . Deceased No. Social Security No.: 207-09-1877 Date of Death: Auaust 20. 2007 AND NOW, proof having been presented before me, , 2007, in consideration of the Petition on the reverse side hereon, satisfactory IT IS DECREED that Letters Testamentary of Administration (c.I.a.. d.b.n.c.t.a.; pendente lije; durante absentia; durante minorilate) are hereby granted to in the above estate and that the instrument(s), if any, dated probate and filed of record as the last Will of Decedent. and described in the Petition be admitted to FEES Letters (Short in lieu)............................... $ Short Certificate(s) <-)....................... $ Register of Wills Renunciation.... ......... .................... .......... $ ......... ...................... .......................... ....... $ Attorney: Extra Pages <-) ................................. $ I. T. R. ....................................................... $ 1.0. No.: 72190 JCP Fee .................................................. $ Address: "" p~= ~ 3511 Nortrr: t Stre~ Harrisbura'j 'b. ~11 0 ~ '~'-"7m W (717) 236';~~ - J CJ r-..... 2(~~ -=--~ _ I . - f r";'T ", (;)--- ) - ~~.J Inventory.............. .............................. ...... $ Other...... ......... ...................... .................. $ ,"'+,J Telephone: I"',! "'J -=;',-j 1.'-') DATE FILED: . :'1:1 l? --I \J ::x w . t-.) ~ i' i TOTAL. ...................................... $ "'1'/ .c- eo 00404761.1 H105.805 REV fOliO?) c3/-07-(jt'/O LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 Certification Number This is to certify thai 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. P 13822730 ~~tfL Local Registrar $ / J,3/o'1 Date Issued '~d eSn~-'WI u.. 5.~1""_'1 LnIort" CO":\ Yffi. COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS CERnFICATE OF DEATH (See Inatructlona and exampl.. on reve..e) o So . '.?;::D .Jv ":TO ~J;:~ .::~~ ](:)0 J ;..:) -1'1 JC .::.0 ;~ --I I'-.) c..,. c::> -.. :I> c: (jJ W -0 :: W " ... ex> Hl05-143 REV lIi2006 TYPE I PAWl IN PERMANENT BlACK tNK STATE FilE NUMBER . Pe.tJNs"BOwa.o Top Qty/Boro " ;g ~ ==;'~~=~ ----pc) 1(..( MIC-fb b ~0..2 Out 10 lor ilS . cortoquence of) b. U:-r.:C Due 10 (or U;II COf1SeQUInCe of); SQ l)5t ~ =~~,~::. E....... _RLYING CAUSE =-~~nrmr Dyes o{No Dyes DNo 31. MlMer 01 Death o Nalutal OHomicide o Accu:lenl 0 Peoding klVElSliijatioo Os.."", Dc"""lNol"'",,~_ pregnancwiltmpail)'8lll o Pt6gniUllidkmerAiJeillh f(J Not pl'egnant, W pr8gfWll Wftl42 d.lYIi ~..... ONolpr~.blipregnanl43daYSIo1ytll' betare dMIh o tk*nowtl,pregnantwiltllll.ltIe~year 32c. PIacI at~: Home, Fatm, $trMI, FOlty, 000c.~. ....(Spea/y) Due 10 tor as.a consequence 01); 3Qa. Was an Autapiy Performed? 3CIb.Wer.AlAopsyFindings "'\/ailablePriorlO~hon of Cause of Dea"'? ~.Tmeof'njury 32g. LocaIianotlrpy (SlreeI, city/town. Slate) 33a Celtiher(dleck ooIy one) ~ phy**, (Phy5lClal'l certifying cause 01 death when anolner phySlCianhas prooounced-d$alhaJlltcotl1>leted Item 23l To Ulebnl of m, ~,.....occurrHdut tothtcauN(alllldlhlnlWUllllecl.. _ __ _......... _____ __ _... _ _... _ _... _ ____ _ __... _ 0 Pronouncing aM ~rt.ilytng phya6ciM (Physician both pronolJflClOg dealll and certifyll'lg to CillJSe of death) !z TCI ... but of My knowledge. dNtn OCCUlTed It.... ume, daN, Ind pllce, Ind due to lhI cauN(a) and manner.. .....cL _ _ _ _ ... ... ... ... _ _ ... _ _ _ ... ... _ ~ ~:'''~~= and ,.. 10''''''''''''.. In m, opi""'.. "". .....,.." ...'i.... ..... and _ ...., duo 10'" _'I and......... u........ 0 ~ " l>_~~~mbeO ~ ~ M. )) I ~() 7 - 0 (? 10 LAST WILL AND TESTAMENT OF Chester Willard Fry, Jr. BE IT KNOWN THIS DAY THAT, I, Chester Fry, of Cumberland County, Pennsylvania, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made. ARTICLE ONE Marriage and Children I was married to Robena C. Fry, now deceased, and have no children. ARTICLE TWO Debts and Expenses I direct my Personal Representative to pay all costs and expenses of my last illness and funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate. However, this provision shall not extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or any statutory duty of my Personal Representative to pay debts. ARTICLE THREE Specific Bequests of Real and/or Personal Properly I will, give and bequeath unto the persons named below, if he or she survives me, the Property described below: Name Linda J. Dinsmore Address 242 Stetler Road New Cumberland, PA 17070 Property: Claw foot table with marble top in living room, Spool table in master bedroom, Semina sewing machine r-.) C;:} (..:::> --.oJ :;po. (= (;) W Relationship Niece o C:::;o . --J) Rel~ -- j Nep~=- gj .C{J~ Name David B. Rhoads Address 94 Sachem Road Needham, MA 02494 Property: Rocking chair in boy's bedroom Address >00 )9-n ;~ -'~ -0 Relatiollship O. _..J ",;~I.ews () i c ( C.s -a ~ - Name Linda Dinsmore, Lynn Rhoads, Kimberly Dinsmore, Jennifer Dinsmore Property: Are to divide equally Robena's jewelry by taking turns '2 .::- ~ - ("') ,ri Signed by TestatorfTestatrix: ~~ vJ~:r1t~ -1- Name Add~ Andrew Dinsmore, Daniel Dinsmore, Gabriel Rhoads, Julian Rhoads Property: Are to divide equally the coins of value Relationship Grand-nephews Name Mary Rhoads Add~ Relationship 9..ftel-"'~ 6i*v~ In- a Property: Robena's electric chair Name Paxton Presbyterian Church Add~ 3500 Sharon Street Harrisburg, PA 17111 Property: Singer sewing machines, yard goods Relationship All other property shall be sold at auction except for books of value as indicated below. In the event I name a person in this Article and said person predeceases me, the bequest to such person shall lapse and the property shall pass under the other provisions of this wm. In the event that I do not possess or own any property listed above on the date of my death, the bequest of that property shall lapse. ARTICLE FOUR Homestead or Primary Residence I will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to Linda Jo Dinsmore and David Brian Rhoads. If I name more than one person, they are to receive the property ~ equally, per stirpes, or D equally, or the survivor. ARTICLE FIVE All Remaining Property - Residuary Clause I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to Linda Jo Dinsmore and David Brian Rhoads. If I name more than one person, they are to receive the property ~ equally, per stirpes, or D equally, or the survivor. Clothing is to be donated to Daily Bread and nothing is to go to the Salvation Army. Any valuable books (as deemed by Lynn Rhoads) are to be sold separately, not at auction. (' r . +-;-. J v/.1-'l': ~J Signed by TestatorlTestatrix: ~ f -2- ARTICLE SIX Appointment of Personal Representative, Executor or Executrix I hereby appoint Linda Jo Dinsmore and David Brian Rhoads, as Personal Representatives of my estate and this Will. In the event either of my Personal Representatives shall predecease me, or, for any reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint the other to serve as sole successor Personal Representative of my estate and Will. The term "Personal Representatives", as used in this Will, shall be deemed to mean and include "Personal Representatives", "Executors" or "Executrixs". ARTICLE SEVEN Waiver of Bond, Inventory, Accounting, Reporting and Approval My Personal Representatives and successor Personal Representative shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate. ARTICLE EIGHT Powers of Personal Representative, Executor and Executrix I direct that my Personal Representatives shall have broad discretion in the administration of my Estate, without the necessity of Court approval. I grant unto my Personal Representatives, all powers that are allowed to be exercised by Personal Representatives by the laws of the State of Pemsylvania and to the extent not prohibited by the laws of Pennsylvania, the following additional powers: 1. To exercise all of the powers, rights and discretions granted by virtue of any "Uniform Trustees' Powers Law," and/or "Probate Code" adopted by the State of Pennsylvania. 2. To compromise claims and to abandon property which, in my Executors' opinion is of little or no value. 3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or other securities, or shares or interests in investment trusts and common trust funds, or in any other property, real, personal or mixed, as my Personal Representatives may deem advisable, whether or not such investments or property be of the character permissible by fiduciaries, without being liable to any person for such retention or investment. 4. To settle, adjust, dissolve, windup or continue any partnership or other entity in which I may own a partnership or equity interest at the time of my death, subject, however, to the terms of any partnership or other agreement to which I am a party at the time of my death. I authorize my Personal Representatives to continue in any partnership or other entity for such periods and upon such terms as they shall determine. My Personal Representatives shall not be disqualified by reason of being a partner, equity owner or title holder in such firm from participating on behatf of my estate in any dealings herein authorized to be carried on between my Personal Representatives and the partners or equity owners of any such partnership or other entity. Signed by TestatorlTestatrix: r~ l{/- f-( ~, -3- 5. To lease, sale, or offer on a lease purchase, any real or personal property for such time and upon such terms and conditions in such manner as may be deemed advisable by my Personal Representatives, all without court approval. 6. To sell, exchange, assign, transfer and convey any security or property, real or personal, held in my estate, or in any trust, at public or private sale, at such time and price and upon such terms and conditions (including credit) as my Personal Representatives may deem advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing bond or other security, or in any way obtaining court authority or approval for any such sale, exchange, assignment, transfer or conveyance of any real or personal property. 7 . To pay all necessary expenses of administering the estate and any trust including taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder. 8. Unless otherwise specifically provided, to make distributions (including the satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an undivided interest therein, or partly in cash and partly in other property, and to do so with or without regard to the income tax basis of specific property allocated to any beneficiary and without making pro rata distributions of specific assets. 9. To determine what is principal and what is income with respect to all receipts and disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence, taxes, insurance premiums, and any other purpose deemed necessary and proper by them and to partite and to distribute property of the estate or trust in kind or in undivided interests, and to determine the value of such property. 10. To participate in any plan of reorganization, consolidation, dissolution, redemption, or similar proceedings involving assets compriSing my estate or any trust created hereunder, and to deposit or withdraw securities under any such proceedings. 11. To perform such acts, to participate in such proceedings and to exercise such other rights and privileges in respect to any property, as if she or he were the absolute owner thereof, and in connection therewith to enter into and execute any and all agreements binding my estate and any trust created hereunder. 12. To compromise, settle or adjust any claim or demand by or against my estate, or any trust, to litigate any such claims, including, without limitation, any claims relating to estate or income taxes, and to agree to rescind or modify any contract or agreement. 13. To borrow money from such source or sources and upon such terms and conditions as my Personal Representatives shall determine, and to give such security therefor as my Personal Representatives may determine. All authorities and powers hereinabove granted unto my Personal Representatives shall be exercised from time to time in her or his sole and absolute discretion and without prior authority or approval of any Court, and I intend that such powers be construed in the broadest possible extent. Signed by T estatorrr estatrix: (~ W''''~f'v -4- ARTICLE NINE Construction Intentions It is my intent that this Will be interpreted according to the following provisions: The masculine gender shall be deemed to include the feminine as well as the neuter, and vice versa, as to each of them; the singular shall be deemed to include the plural, and vice versa. The term "testator" as used herein is deemed to include me as Testator or Testatrix. This Will is not a result of a contract between myself and any beneficiary, fiduciary or third party and I may revoke this Will at any time. If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, it is my expressed intent that the remaining parts shall be effective and fully operative and it is my intent that any Court so interpreting same construct this Will and any provision in favor of survival. ARTICLE TEN Misc. Provisions I direct that this Will and the construction thereof shall be governed by the Laws of the State of Pennsylvania. (I have placed my initials next to the provisions below that I desire to adopt. Unmarked provisions are not adopted by me and are not a part of this Will) t!. fIV}- If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced by a valid Promissory Note payable to me, then such person's portion of my estate shall be diminished by the amount of such debt. Signed if Selected: CLAl~ Any and all debts of my estate shall first be paid from my residuary estate. Any debts on any real property left herein shall be assumed by the person to receive such real property and not paid by my Personal Representative. Signed if Selected: Cv/1 I desire to be buried in the Shoop's cemetery in Dauphin County, Pennsylvania. Signed if Selected: I, Chester Fry, having signed this Will in the presence of ,If J( {(!J...- ft/~,< tt ~ if /' ~ Gr-C<....L1-- and ---- who attested it at my request on this the q 1-0) day 1'1 of A .. -oL,..L"" 20 () 1 at 31t;,r- N. f/rOW! iJ ft'Y l" IJIt r 1"1.1 f!:tp Ai ) 10f! (address), declare this to be my Last Will and Testament. <.J r-t.A_~ ~ '>rAN{ j\.r Chester Willard Fry 7 T estatorlT estatrix Signed by TestatorfTestatrix: ('~ tV/r~1 ' -5- The above and foregoing Will of Chester Fry (name of testatorltestatrix) was declared by Chester Fry (name of testatorltestatrix) in our view and presence to be hislher Will and was signed and subscribed by the said Chester Fry (name of testatorltestatrix) in our view and presence and at hislher request and in the view and presence of Chester Fry (name of testatorltestatrix) and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of Chester Fry (name of testatorltestatrix) on this the _ 7- day;;~ .20Q1 ~ Witness Signature Print Name: ::Jfrf J e d..... Ale 'Ja.~r-Grc41 Print Name: Address: 34'7 E. /1l.eufW Dr. J Address: City, State, ZiP:"-1Yfit~c.{burj ,1/3 11{)~~ity, State, Zip: Phone: 1)1~7~-060J' Phone: Signed by T estatorfT estatrix: -6- PENNSYLVANIA SELF AUTHENTICATING AFFIDAVIT common~1th of Pennsy'lva~ A .. 1\ J . __ ..J-I~ County 0 ./"ll.brlll~_~ NOTARIAL SEAl. MNN E SMITH Notary Public CIlY OF HARRISBURG. DAUPHIN COUNtY My CommIsSion expires May 11. 2008 I, Chester Willard Fry, Jr_, the testatorltestatrix whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed. Sworn to or affirmed and acknowledged before me by ChC6fG,,,- /(/ h! J L the testatorltestatrix, this 9-111 day of ~ 1 . 20 171 . (1.- oi"'...... vi \1"""'" ~ T estatorfT estatnx 1Ilo...V\,.r- Qj Typed Name Chester Willard Fry, Jr. Signature of oIIicer or aIIomey ~~ ~al and official capacity of officer ~ Jt~ ' or state of admission of attorney 'A '7 . ~ ( / Commonwealth of Pennsylvania County of b ~J,.,~ We, J rJ r , ea.... '4)f xtJ.Jlde r- DrfUt\ and ~ - , the witnesses whose names are signed to tHe attached or foregoing instrument, being duly quatified according to law, do depose and say that we were present and saw the testatorltestatrix sign and execute the instrument as hislher Last Will; that the testatorltestatrix signed willingly and executed it as hislher free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testatorltestatrix signed the will as a witness; and that to the best of our knowledge the testatorltestatrix was at that time 18 or more years of age, of sound mind, and under no constraint or undue influence. NOTARIAL SEAL MARY E SMITH Notary Public CIlY OF HARRISBURG. DAUPHIN COUNlY My Commission ExpIres May 11. 2008 Sworn to or affirmed and subscribed before me by -::;;u ,~ ~ /Ik~/" ..p::~1 and 20P1 . ~d;i~ ' -- ~ Signatureofolliceror~~~ Seal and official capacity of office'jU 7Z. d. . or state of admission of attorney ~ ~/-/ ~/ /1'-/ I 20 Pa.C.S.A. ~ 3132.1 Pennsylvania Seft Authenticating Affidavit