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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 >=0 ,~:n .'-0 ~;~~ , ''''~~0 ~1.J =-i )> r--..:l c:;, c:;:) --.l o rr1 \) W J;:a ::.!: (. i~) ':1 .:::::;::; '" ..J .r-T~: 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 ~?C) ,- ::J (] -~C2 ;:r;; hi -'--:: :rJ ~--~ .... ......."'....... !"'...,) g -oJ CJ r:'l CJ W 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