HomeMy WebLinkAbout12-31-07
PETITION FOR PROBATE AND GRANT OF L.ETTERS
REGISTER OF WILLS OF C u "" APP..(",if'21.D COUNTY, PENNSYLVANIA
Estate of ~ C:;?)~CF [). CcL '6 erR r-
also known as
File Number
9'-07- l17l!
D d7:- en, ';3 ~ 2.t 2 00 7 , Deceased
Social Security Number Z. 0 ,. z. O. 0 1:>.3 8
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
~ Probate and Grant of Letters Testamentary and aver that Petitioner(s) is / are the J. Eo~(f;'R;J 131~~
last Will of the Decedent dated NeJVi!rM J\H'tL IJ ~ 7and 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 applicable, 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 /ist of heirs.)
Name
Relationshi
Decedent, then 7 ~
years of age, died on I z,. / z. 3/() 7 at
.
8 -'Of; pm
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
(1 f not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
$ II 0 CO
$
$
$ I; t:)CJO
situated as follows:
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:
T ed or rioted name and residence
18o~ .5fJIJ-tNf>ICID64L,v, ~,,"-p....-?1./~, 17~tJ6
Form RW-02 rev. JO.13.D6
Page 1 of2
Oath of Personal Representative
COMMONWEAL H! i:)F PEN"NSYL VANIA
SS
COUNT\'OF ~Ur'Vl~r\QVlcl.
The Petitil.~li~n.;1 ahJ\I~-!Lnlld ~'.'.eat~s) l)r a:Tilm(s) that the statements in the foregoing Petition are trlle and COlTect to the best of
lh.: kilo\" kd~e Llnd belief of Petitioncr(s"; and [hat, as personal representative(s) of the Decedent, Petitioner(s) will well ancl truly
administer the estate according to law.
Sworn to or affirmed and subscribed
before me the [3 J day of
Qoc QYYJbQr ' EfO()7
[1(11 ~ lA~ fY1(~
For the R~ter
~/~ ,g:
Signlllure of PersOl1d Rl:!presentolive
Siglllltllre of Personal Representative
f-....:;,
P ~
:. 0 --..
'~ :J:J ~.:'.' : " j
il~ ~cr~
neaadA W ,.,"j
, , ..., ~ \ ~.=-:)
Date of Death: 1'J. -J-3 - ?~~~ ~ ~ (;33
~J.7 - ~ . ..___..
. ----i --- j-", ~ - -'--: j
AND NOW,..vJ rl ~ J2P.CQ nl~~r , ~(Kj( ,in consideration of the foregoing-Aietition, sati~tory l?j".gq~~-:
having been presented before me, IT IS DECREED that Letters --re~4e..fV\ Q.- (\ -\-0. ~ ,-I N' ,
are hereby granted to ,j:) rvt [~ 1<.0 CQ r + ~'YP(~ J
File Number:
1I1-01-I\lU
Estate of ('.:.,p~fa;- 'D. { Cl \bC? ~ +-
Social Security Number: c9CA -:10" () (Q-3 ~
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
Letters ............... $ !fa . ()()
Short Certificate(s) . . . . . . . . $~ 0 ,00
RCli\:lIl\.o;al;vl1(S) W)-.11... $ It>, aO
~ Cp . Of $ J D . 00
(l.1~ .
nu lY\ 0.. \1 Cih . . . $ f5 . de)
.. . $
. .. $
. Of $
. .. $
.. . $
... $
.. . $
TOTAL.............. $30,lD
4M tnd(\ d-a1Yt M::: ~CU2ltuD~~
R'g;m, of w,u, IJ2-R- r m~. eJ...L?
Attomey Signature:
Attorney Name:
Supreme Court l.D. No.:
Address:
Telephone:
ForI/! RW.02 rev 10./3.06
Page 2 of2
: 0::: .~O::: REV (O~ 1(7)
JI-07 - ((7&
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
P 13991254
This is to certify that the information here given i:
correctly copied from an original Certificate of Deatl
duly filed with me as Local Registrar. The origina
certificate will be forwarded to the State Vita
Record~Jice for pe~anent ~~'2 8 2007
vn- J7l1~~ L /
Local Registrar Date Issued
'ee for this certificate, $6.00
Certification Number
EV 11/2006
FlINT IN
.NENT
: INK
#31-169
1. NlIne III ~ (fill. nidcIe.1ast. tllIlftxl
George
_ 5. NJe (l.aSl Birthday)
= 79
ii
COMMONWEALTH OF PENNSYLVANIA · DEPARTMENT OF HEALTH · VITAL RECORDS
CORONER'S CERTIFICATE OF DEATH
(See Instructions and examples on reverse)
C"J
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STATE FILE NUMBER
N
N
..-...... j
D.
2007
Altoona, PA
8d. Facility Name (~ 00\ lnsllIution. rJIe anel 000 I1lIl1beIj
23 Country Club Road
12. Was Decedent_In \he
u.s. Armed FOII:I8?
fI1 Yes DNa
o-Ienfs
AcluIlI Reslcl8nCa 11a. Slate
13. OecedenI'a EducaIIcn (SpedIy only hl!jlesI grade ~
Elementary I Secondary (0-12) CoII8ge (1-4 or 5+)
12 4
Peunsvlvania
eu.berland
White
14. ==:=r= Married, 15. SIlMvlng Spouse (If wife. \tie maiden name)
Widowed
17b. County
17e.][] Yes, Oecedent LNed In North Mi dd leAe1l: T'Mp.
17d. 0 No. O8c8donIliYId wIlhil
Adu8llirils ol CIty I Born
PA 17603
21 b. Dale of lltspoeltIon (Month, day, yeerl
Crewaat1.on Soc1.ety of PA Harrisburg, PA 17109
22c.NameoOOAddressolFacIIIIy her Melmrial Home and Creaation Services, Inc.
4100 Jonestown Road Barr1.sbur
2311. License Number
:lOlL Was an At*lpsy
Performed?
d.
:no Were AtJlllIl8Y Flndngs
AYIiIable Prior to Completion
or Cause or lleaIh7
DVM DNa
31. Manner of lleaIh
J8.. Natural 0 Homicide
o Accident 0 PIIIllIng lnvesUgaliOn
o SUIcIde 0 CcUcI lid be Delennined
26. Was Case Referred to lAedicaJ ExamIner I Coroner for a Reason Other lhan ClllII18tion or Donation?
~Yes DNa
Approximalll inleIvaI: PIII1 n: Enlar olher oImIftr.anI ...-.. - III doalh 28. Old TobacCo Use Con1rlbute to 0e81h?
Onset to Dealh buI 00\ resulting In the undeIIying cause ~ In PIII1 L 0 Yes 0 ProblIbly
o No 0 Unknown
29. " Female:
o Not pnlgIlIl1l wilIlin pest year
D Pregnant at time 01 deatl1
o Not pregnant, buI pl8!1'""1 wilIlin 42 days
01 death
o Not pnlgIlIl1l, bUt pIe\J\Il\I43 days to 1 year
beklnt dealll
o Unknown K ~ wi1tIin the pest year
32c. Pb ollnjlly: Home, F8IlTl. Slreel, Fac:tOty,
0IIice Iluting, etc. (SpecIfy)
IIImI 2+26 I1IIIl be ClJl1lI8I8d by peISOIl
who ~ dedi.
M.
CAUse OF DeATH (See InstrUCtions ancIell8l1lpla)
Item 27. Part I: Enlar 1he ~ - dlseaes, injuries, or complications -thet directly caused the doaIh. DO NOT en1er terminal events such as canIac arrest,
~ anest. 01 venI1ICutallllrilla1ion wi\IlcuI showing the eIiaIogf.1.i8\ C1I'IIJ one cause on llllCh line.
24. Tll1lll 01 0e81h
8:00
25. Dele F'ronoIn:ed Dead (Month, day. yeerl
December 25, 2007
=e~~ t=)disllaae'-;'
~ 1st concIlions, d any,
=~=~a.
=-~-:..,~
Occlusive Coronary Artery Disease
Due 10 (01 as B COIlS8QUIlIlC8 01):
b.
Due 10 (or as a COOIlIqlJ8I1C8 01):
e.
Due 10 (or as a oonsequence 01):
OY. JaNa
32d. TIme oIlrjury
32g. location ol il;Jry (Slreet. city I town. sta1e1
M.
33lL CerIlIIr tc:hed< triy one)
. CertIfYInD""'" (PhyeIc:ian cartiIyjng cue 01 deaIh when lIIlOlIw ~ has plOllIllJllC8d dealh 000 ClJl1lI8I8d IIem 23)
TothebMIaf"'Y 1InowlIdgI, "'ClCCUINCIdueto1lllClUM(a) and ___ SllIlaIad.. _ _ _ __ _ _. _ _ _ _ _ _ _. _ _. _ _ _ _ __ _ _ -.. - - 0
. =-:::'~'=-;::~and-:'~=loto:-~=_HIlalecL _ nn __n_____.n 0
. ::::' ==-..=. and I or ImeatlgaIIon, In my opinion, cIaaIh IICCM'I8d at \he llma, dale, and pIKe, and dUe to the cauae(al and _ as alIIId... 'gJ
Coroner
33d. Dalll Signsd (Month, day, yea~
December 27, 2007
35. Registrar's
~
34. 'M.~~ 'r:"",g-rns~ ~g;~Typel Pmt
I ." 11..111 I ' I 36.Oal8F11Bd(MlnII.dIIJ,yeerl 7 6375 Basehore Roadl Suite ill
. ~ .~. . . ~ Mechanicsburg, PA 7050
Disposition Pennft No.
0093821
OF
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LAST WILL AND TESTAMENT
- ()
::n
~
GEORGE D. COLBERT
,,- ~:{ . .
I, GEORGE D. COLBERT, a resident of the Commonwealth oj;Pennsyhuia,
make, publish and declare this to be my Last Will and Testament, revoking all wills and co~i1s
at any time heretofore made by me. I am retired from the military service of the United States.
FIRST: I direct that the expenses of my last illness and funeral, the expenses of
the administration of my estate, and all estate, inheritance and similar taxes payable with respect
to property included in my estate, whether or not passing under this will, and any interest or
penalties thereon, shall be paid out of my residuary estate, without apportionment and with no
right of reimbursement from any recipient of any such property.
SECOND: It is my desire that, upon my death, my body be cremated.
THIRD: I give my dining room furniture to J. ROBERT BYERS
All other tangible personal property is given as hereafter provided with respect to
my residuary estate.
FOURTH: I give the sum of One Hundred Thousand Dollars ($100,000.00) in
trust, to ASHLEY NIELSEN (hereinafter referred to as the "Beneficiary"), if she survives me in
accordance with the following provisions:
If the Beneficiary is the age of eighteen (18) years or older at the time of my death
the proceeds shall be paid and distributed to the then living Beneficiary free of trust.
If any Beneficiary is under the age of eighteen (18) years at the time of my death
the insurance proceeds shall not vest in any of said Beneficiaries but instead shall be given to my
Trustee, IN TRUST, as a single trust for the benefit of said Beneficiary. My Trustee shall hold,
manage, invest and reinvest the trust assets, shall collect the income therefrom and, after
deducting all charges and expenses properly attributable thereto, may pay to, or for the benefit
of, the Beneficiary, at any time and from time to time, all or any part of the net income and/or
principal of this trust as my Trustee shall deem advisable, in the absolute discretion of my
Trustee, without requirement of equality. Any income not so paid or applied shall be
accumulated and added to the principal of this trust at least annually.
When the Beneficiary reaches the age of eighteen (18) years or older the trust
assets then remaining, if any, shall be paid and distributed to the Beneficiary free of trust and
without adjustment for amounts previous distributed to each Beneficiary.
_ 5~ ~@ti c:--
__-----------..1
FIFTH: I give all the rest, residue and remainder of my property and estate, both
real and personal, of whatever kind and wherever located, that I own or to which I shall be in any
manner entitled at the time of my death (collectively referred to as my "residuary estate"), as
follows:
(a) If J. ROBERT BYERS and PREBEN A. NIELSEN or either of them shall
survive me, to those of J. ROBERT BYERS and PREBEN A. NIELSEN who
survive me in equal shares.
(b) If none of the beneficiaries under clause (a) above shall survive me, my
residuary estate shall be paid and distributed to MARK BYERS if he shall survive
me.
(c) If none of the beneficiaries described in clause (a) and (b) above shall survive
me, my residuary estate shall be paid and distributed to Bosler Free Library of
Carlisle, P A.
( d) If none of the beneficiaries described in clauses ( a) and (b) above shall
survive me, then I give my residuary estate to those who would take from me as if
I were then to die without a will, unmarried and the absolute owner of my
residuary estate, and a resident of the Commonwealth of Pennsylvania.
SIXTH: If any property of my estate vests in absolute ownership in a minor or
incompetent, my Executor, at any time and without court authorization, may: distribute the
whole or any part of such property to the beneficiary; or itse the whole or any part for the health,
education, maintenance and support of the beneficiary; or distribute the whole or any part to a
guardian, committee or other legal representative of the beneficiary, or to a custodian for the
beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with
whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed
by the person to whom the distribution is made shall be a full discharge of my Executor from any
liability with respect thereto, even though my Executor may be such person. If such beneficiary
is a minor, my Executor may defer the distribution of the whole or any part of such property until
the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund
for the beneficiary with all of the powers described in Article EIGHTH hereof. If the beneficiary
dies before attaining said age, any balance shall be paid and distributed to the estate of the
beneficiary .
SEVENTH: I appoint J. ROBERT BYERS to be my Executor. If J. ROBERT
BYERS shall fail to qualify for any reason as my Executor, or having qualified shall die, resign
or cease to act for any reason as my Executor, I appoint PREBEN A. NIELSEN as my Executor.
I appoint J. ROBERT BYERS to be my Trustee. I direct that no Executor or Trustee shall be
required to file or furnish any bond, surety or other security in any jurisdiction.
EIGHTH: I grant to my Executor and Trustee all powers conferred on executors
and trustees under the Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any
successor thereto, and all powers conferred upon executors and trustees wherever my Executor
~. , d' A(;1u--
~ ? -L;fj
------..I
or Trustee may act. I' also grant to my Executor and Trustee power to retain, sell at public or
private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of
property, real or personal, for cash or on credit; to borrow money and encumber or pledge any
property to secure loans; to hold property in bearer form or in the name of a nominee; to render
liquid my estate or any trust in whole or in part, at any time and from time to time, and to hold
cash or readily marketable securities of little or no yield for such periods as my Executor or
Trustee shall deem advisable; to exercise all powers of an absolute owner of property; to
incorporate any business and form limited liability companies and hold any interests in
corporations and limited liability companies; to vote stock or securities, in person or by proxy; to
exercise subscription and conversion rights, and to participate or refuse to participate in any
reorganization, recapitalization, merger, consolidation, liquidation, dissolution or other action
with respect to any corporation; to transfer any business or property to a partnership and to be a
general or limited partner; to compromise and release claims with or without consideration; to
execute and deliver instruments, including releases; to change the situs or governing law of any
trust hereunder to any state my Executor or Trustee from time to time may deem desirable; and
to employ attorneys, accountants and other persons for services or advice.
The term "Executor" wherever used herein shall mean the executors, executor,
executrix or administrator in office from time to time. The term "Trustee" wherever used herein
shall mean the trustees or trustee in office from time to time. Each Executor and Trustee shall
have the same rights, powers, duties, authority and privileges, whether or not discretionary, as if
originally appointed hereunder.
The determination of my Trustee as to the amount or advisability of any
discretionary payment of income or principal from any trust hereunder shall be final and
conclusive on all persons, whether or not then in being, having or claiming any interest in such
trust. Upon making any such payment, my Trustee shall be released fully from all further
liability therefor.
NINTH: I direct that for purposes of this will a beneficiary shall be deemed to
predecease me (or any other person upon whose death the interest of such beneficiary depends)
unless such beneficiary survives me (or such other person) by more than thirty days. The terms
"child," "children" and "issue" as used in this will include children and step-children.
TENTH: No disposition, charge or encumbrance on any income or principal of
any trust hereunder or my estate by any beneficiary thereof shall be valid or binding upon my
Executor or Trustee. No beneficiary shall have the right to assign, transfer, pledge, encumber,
anticipate or otherwise dispose of any such income or principal until the same shall be paid to
such beneficiary by my Executor or Trustee. No such income or principal shall be subject in any
manner to any claim of any voluntary or involuntary creditor of any beneficiary or liable to
attachment, execution or other legal or equitable process prior to its actual receipt by the
beneficiary.
ELEVENTH: I have served in the Armed Forces of the United States. I
therefore request that my Executor make appropriate inquiries to ascertain whether there are any
benefits to which I, my dependents or my heirs may be entitled by virtue of any military
~~- if ~{(2~l/Prc-
affiliation. I specifically request that my Executor consult with a retired affairs officer at the
nearest military installation, the Department of Veterans Affairs, and the Social Security
Administration.
TWELFTH: I have served in the Armed Forces of the United States. I therefore
request that my Executor make appropriate inquiries to ascertain whether there are any benefits
to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I
specifically request that my Executor consult with a retired affairs officer at the nearest military
installation, the Department of Veterans Affairs, and the Social Security Administration.
IN WITNESS WHEREOF, I, GEORGE D. COLBERT, sign my~me and
'iU~ declare this instrwnent as my last will and testament this ~ day of
, 2007.
f~ LD~,~
'- GE GED. BE T
The foregoing instrument was signed, published and declared by GEORGE D.
COLBERT, the above-named Testator, to be his last will and testament in our presence, all being
present at the same time, and we, at his request and in his presence and in the presence of each
other, have subscribed our names as witnesses on the date above written.
kLlA C. thL;
having an address at
-n;~.Y-t;
I 7()SJ -
~
having an address at
tOA '(fit I pp.-
ACKNOWLEDGMENT AND AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ~&td, ss.
We, the Testator and the witnesses, whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
the Testator, GEORGE D. COLBERT, signed and executed said instrument as his last will and
testament in the presence and hearing of the witnesses, and that he had signed willingly, and that
he executed it as his free and voluntary act and deed for the purposes therein expressed, and that
each of the witnesses at the request of the Testator, in the presence and hearing of the Testator
and each other, signed the will as witness, and that to the best of his or her knowledge the
Testator was at the time at least eighteen years of age or emancipated, of sound mind and under
no constraint, duress, fraud or undue influence.
,i~dEio~f rc-
Testator
P~AC4-~
Witness
~~-
Witness
Subscribed, sworn to and acknowledged before me by the said GEORGE D.
COymRT, TlJJ;tor, and subscribed and sworn to before me by the above-named witnesses, this
Ldayof ~A/, 2007. ~
. ~.
~tary Public
My commission expires on~ It( ;u/i)f
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal 1
Betty S. KlstJer, NotaIy Pubtic
Carlisle 80m, Cumberfand County
M My Camtlsslon Expires May 14,2009
ember. Pennsylvania Association of Notaries