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HomeMy WebLinkAbout03-14-08 Estate of, ~ .J also known as PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF ~~//J tI__ COUNTY, PENNSYL VANIA ,\) C ' C!!_I L< Aii/(j) File Number ,2 I - 0 g - OD'i( 5" , Deceased 'pi Social Security Number I 03 730~=S --- Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) o A. Probate and Grant of Let}ers Tes~m!:.n9ry and aver that Petitioner(s) is / are the E 'f last Will of the Decedent dated ~ - 7 7 Z and codicil(s) dated - t C c; - t::- X 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 bom or adopted after execu on of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: M o B. Grant of Letters of Administration (If applicable. ellter' c.I.a.; d,b.n,c.t.a.; pendente lite; durante abselltia; durante milloritate) Petitioner(s) after a proper search has / have ascertained that Decedent left no Will and was survived by the following spouse (if aqy),and heirs: (If Administration. c,t,a. or db.n,c,t.a., enter date of Will In Section A above and complete list of heirs) (:2 .;;; C~:"..,1 Name Relationship i~~g~ / "--', -.'. ~ (COMPLETE IN ALL CASES:) Attach additio/lal sheets if/lecessary. Decedent was domiciled death in C~/,(If /; {y"'fl, I A veL County, Penns , t.vel {; OAQ CAh (( (List street address, towlllcity, township, county, state, zip code) Decedent, then --1-.i-- years of age, died on 3 - '2 - t!J ~ at Ivania with his / her las princi~al residence <it:', 3] I ?- /I. I 70 v . Itlr ~//t/Y 4s~t/ I' f 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 ---r;e. I A/ J IV t; O(lCJ, 00 situated as follows: 3 3 It-- ;2 -"f' J $ $ $ $ Wherefore, Petitioner(s) respectfully request(s) the probate of the fast Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undersigned: Ty ed or rinted name and residence I ~4f" Furm RW-02 rev. 10.13.06 Page 1 of2 Oath of Personal Representative COMMONWEALTH OF PENNSYL VANIA (~'~.~;1'1!:.)(~{ \ 6JIC~ SS /<? / - 0 ~ 73S ~ COUNTY OF The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are tJUe and conect to the best of the knowledge and belief ofPetitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and tJUly administer the estate according to law. /<42 Signature of Personal Representative ~ before me the S'gnature of Personal Representative File Number: ,J) 1- 08' - OC).Z S Estate of '-8 \ -\ u_ t \' u.,' bt',' /0/-03 ' 73 S-..) Social Security Number: _ tJ AND NOW, f'{\Cl Ie.. L I L.\- , dOO'6 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS D~REED that Letters \E'STA me nin. n-4 are hereby granted to Jo~~ph 6.. h,lIbQr q. \"'f\~ K ~~A'1\J2 llA-- and that the instrument(s) dated ~ - q - CJ q described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. , lJ.t,rri>>. - ~(kn ~~""d~~j p' 8~ Attomey Signature: I 0 , Deceased Date of Death: 3 .- 0 2. - ). 00 ~ in the above estate FEES Letters 45 ()o J-/ '1 . 6'0 TOTAL $ $ $ $ I~. OD $ /0. ()O $ 5, (,"'/) $ $ $ $ $ $ $1:J.3.<Jl) Attorney Name: Short Certificate(s) . . , . . , . . Renunciation(s) .......... LuJJ. ~C!P f~u. + <Jrv\("j.. +-, (5'1"- Supreme Court J.D. No.: Address: .~ :::-~ ~~~ ..~" C) <..~':J ;;;:J ~t;:- Telephone: 1::.":.:.> ',--..-' ,.._-:, C', Form RW-02 rev 10.13.06 Page 2 of2 ~ . LAST \iILL AND TEST AM I IT OF RITA C~ FURBER I, Rita C. Furber, a resident of the town of Camp Hill, County of Cumberland, Commonwealth of Pennsylvania, declare this to be my Will I revoke any and all Wills and Codicils that I have previously made. IDENTIFICATION OF FAMILY 1.01. I declare that I am widowed and that there are as of the effective date of this my Will I am the biological mother of two children born to me and of the names of Joseph E. Furber residing at 1268 Brandt Road Mechanicsburg, Pa. 17055 and Mary R. Furber Breymeier residing at 3434 Walnut Street Camphill, P A. 17011 . DEFINITION OF FAMILY TERMS 1.02. As used in this Will, the term "my children" refers to all my natural children, including any that may subsequently be born. My "natural children" include those born inside and outside of lawful marriage and any with regard to whom my parental rights have been terminated. The term' 'my children" also includes all my adopted children and any that I may subsequently adopt. The term "my children" excludes all other persons, including any stepchildren or foster children who reside with me @ who may : - ("") :" subsequently come to reside with me. As used in this Will, the term "issue"iefers to ~1l :-T~) ;;:; lineal descendants of the indicated person of all generations, with the relati(jnspip .=.ef {,J.l '~:,__:'. .$:V' parent and child at each generation determined by the definition of" children',. $'ef~fort&.in " --- -". this Paragraph 1.02. ( ":-: c. .' ARTICLE 2. PAYMENT OF BURIAL EXPENSES AND DEBTS DESCRIPTION OF EXPENSES AND DEBTS 2.01. I authorize my executor(s) to pay all the expenses of (1) a funeral or memorial service; as well as for my burial in the cemetary ARTICLE 3. DISPOSITION OF TANGIBLE PERSONAL PROPERTY DISPOSITION TO CHILDREN 3.01. I give all of my tangible personal property of every kind and description, including but not limited to books, pictures, clothing, articles of household or personal use or adornment, household furnishings and effects, and automotive vehicles and their accessories, and including any money, evidences of indebtedness, documents of title, and securities and property used in connection with the operation of any trade or business, to my children Joseph Edward Furber and Mary R. Furber Breymeier to be divided equally as between them; I give to my grandchildren Lisa M. Breymeier and Joseph Edward Furber $5,000.00 (dollars) each, to be used as they deem appropriate. AL TERNATIVE DISPOSITION TO GRANDCHILDREN 3.02. If my children do not survive me, I give all such tangible personal property to my grandchildren Joseph R. Furber and Lisa M. Breymeier which shall pass per stirpes right of representation. The share of any child of mine who predeceases me leaving issue who survive me shall pass to such issue per stirpes by right of representation. 2 ARTICLE 4. DISPOSITION OF RESIDUARY ESTATE DISPOSITION TO CHILDREN 4.01. All of the rest, residue, and remainder of the property that I own at the time of my death, both real and personal, and of every kind and description, wherever situated, to which I may be legally or equitably entitled at the time of my death (my "residuary estate"), I give outright and absolutely to my children Joseph Edward Furber and Mary R. Furber Breymeier to be divided equally as between them. ALTERNATIVE DISPOSITION TO GRANDCHILDREN 4.02. If my children do not survive me, I give my residuary estate to those my grandchildren Joseph R. Furber and Lisa M. Breymeier by per stirpes right of represenation The share of any child of mine who predeceases me leaving issue who survive me shall pass to such issue per stirpes by right of representation. FINAL ALTERNATIVE DISPOSITION 4.03. If any part of my residuary estate is not completely disposed of by the provisions of paragraphs 4.01, or 4.02, above, I give that part of my residuary estate to the persons who would receive it under the intestacy statutes of the Commonwealth of Pennsylvania in effect at the time of my death. ARTICLE 5. APPOINTMENT OF EXECUTOR APPOINTMENT 5.01. I appoint my children Joseph Edward Furber and Mary R. Furber Breymeier as executors of my estate. 3 BOND NOT REQUIRED 5.02. None of the individuals named in Paragraph 5.01 shall be required to furnish a bond for the faithful performance of his or her duties as executor. ARTICLE 6. POWERS OF ADMINISTRATION GRANT OF POWERS 6.01. In the administration of my estate, my executor shall have the powers and authority set forth in this Article. These powers may be exercised by my executor in his or her sole and absolute discretion, without the permission or order of any court. These powers shall be supplementary to the powers conferred by law, including but not limited to those set forth in Title 20, Chapter 33, ofthe Pennsylvania Consolidated Statutes. RETENTION OF ASSETS 6.02. My executor(s) shall have the power to retain any or all property of my estate, however received or acquired, for so long as my executor deems appropriate. This power may be exercised even though the property may not be of the type authorized by law for investment, and even though retention may leave a disproportionately large amount ofthe value of my estate invested in one type of property. TRANSFER OF ASSETS 6.03. My executor(s) shall have the power to sell, transfer, and convey any property, of whatever nature, including real property, and wherever situated, that I may own at the time of my death, or that may come into my estate at or after my death. The sale, transfer, or conveyance may be by public or private sale, at such time, on such terms and conditions, including selling price and credit, in such manner, and for any reason that 4 -, my executor deems appropriate, including, but not limited to, the purpose of obtaining net proceeds to be distributed to my residuary beneficiaries. INVESTMENT 6.04. My executor(s) shall have the power to invest and reinvest in preferred and common stocks, bonds, notes, common trust funds (including any managed by any corporate executor), interests in investments, trusts, mutual funds, leases, mortgages on property wherever located, and, generally, in any property and in proportions of property as my executor deems advisable, even though such investments are not of the character or proportions authorized by applicable law for the investment of such funds. POWER TO BORROW 6.05. My executor(s) shall have the power to borrow money for any purpose for any periods of time and on any terms and conditions as my executor deems advisable (including the power to borrow from any corporate executor), and to pledge, mortgage, or otherwise encumber any property to secure repayment of any loan, as well as the power to renew existing loans either as maker or endorser. DISTRIBUTION IN CASH OR IN KIND 6.06. My executor(s) shall have the power to make distributions in cash or in kind, or partly in each, in divided or undivided interests, and the power to determine which assets shall be sold and which shall be distributed in kind, without notice to or consent by any beneficiary. DISTRIBUTION TO MINORS AND PERSONS UNDER DISABILITY 6.07. My executor(s) shall have the power to make distributions or payments to or for the benefit of any beneficiary who is a minor, an incompetent, or who in the executor's 5 judgment is incapacitated. The distributions or payments shall be made in anyone or more of the following ways: (1) directly to the beneficiary; (2) directly to the creditor in payment of the debts or expenses of the beneficiary; (3) to the guardian of the person or estate of the beneficiary; (4) to any custodial parent of a minor beneficiary; (5) to a custodian for the beneficiary under any law related to gifts to minors, including to my executor in that capacity; or (6) to any other person who shall have the care and custody of the person of the beneficiary. There shall be no duty to see to the application of funds so paid, provided due care was exercised in the selection of the person to whom the funds were paid, and the receipt of the person shall be full acquittance of the executor. DISPOSITION OF BUSINESS INTERESTS 6.08. My executor(s) shall have the power to continue or to permit the continuation of any business, incorporated or unincorporated, in which I may have any interest at the time of my death for any period of time, or to liquidate the business on any terms, as my executor deems appropriate. This power includes but is not limited to (1) the power to invest additional sums in any business, even to the extent that my estate may be invested largely or entirely in the business, without liability for any loss resulting from lack of diversification; (2) the power to act as or to select other persons to act as directors, officers, or employees of any business, to be compensated without regard to being an executor under this Will; and (3) the power to make any other arrangements concerning any business interest as my executor shall deem proper. EMPLOYMENT OF AGENTS 6.09. My executor(s) shall have the power to employ and pay the compensation of any and all attorneys, agents, custodians, attorneys-in-fact, experts, investment counsel, accountants, bookkeepers, or other agents or providers of services as my executor deems advisable in the administration of my estate. 6 COMMISSIONS 6.10. My executor(s) shall have the power to take reasonable commissions on account at any time during the administration of my estate without the approval of any beneficiary or of the court, but subject to allowance or disallowance on the settlement of the final account of my executor. THIRD PARTY RELIANCE 6.11. No person or corporation dealing with my executor shall be required to see to the application of any property paid or delivered to my executor, or to inquire into either the authority of my executor to enter into any transaction or the expediency or propriety of any transaction entered into by my executor. ARTICLE 7. PAYMENT OF DEATH TAXES INHERITANCE TAX 7.01. I direct that the Pennsylvania inheritance taxes payable as a result of my death, not limited to taxes assessed on property passing under this Will, shall be allocated to and paid by the beneficiary of the property whose transfer is subject to the tax or paid out of my residuary estate and shall not be deducted or collected from any beneficiary under this Will or other transferee. ARTICLE 8. LIABILITY OF PERSONAL REPRESENTATIVE LIABILITY LIMITED TO ACTUAL FRAUD OR WILLFUL MISCONDUCT 8.01. My executor(s) shall not at any time be liable for any mistake of law or fact or both, for any error of judgment, or for any loss coming to any beneficiary under this Will or to any other person, unless the loss was caused by actual fraud or willful misconduct 7 . on the part of the executor. My executor may, from time to time, consult with counsel with respect to the meaning, construction, and operation of this Will, particularly with respect to the apportionments, allocations, and disbursements, and may act on the advice of counsel in all matters without incurring liability on account of his or her actions. NO BOND REQUIRED 9.01. No bond shall be required of any guardian of the person or estate of my minor children who is appointed under this Will. MEANING OF "SURVIVE" 10.01. No beneficiary of this Will shall be deemed to have survived me if the beneficiary dies within sixty (60) days of the date of my death. If I die simultaneous with my wife all of my personal and residuary estate shall pass to the alternative beneficiary(ies) in the order as enumerated, and identified within this document. If it cannot be determined as to the order of death as between myself and my spouse then all of my personal and residuary estate shall pass to the alternative beneficiary(ies) as enumerated and identified within this document. SUCCESSORS 10.02. All pronouns referring to an executor and the term" executor" shall be construed to mean any person acting as my executor or administrator with will annexed, as the case may be. 8 ~ NUMBER AND GENDER 10.03. If required by the context of this Will, singular language shall be construed as plural, plural language shall be construed as singular, and the gender of personal pronouns shall be construed as either masculine, feminine, or neuter. HEADINGS 10.04. All headings used in this Will to describe the contents of each article, paragraph, or other division are provided for convenience only and shall not be construed to be a part of this Will. GOVERNING LAW 10.05 This Will shall be construed in conformity with the law of the Commonwealth of Pennsy lvania. #'-tfGi ,I-- ,19-!!-. (Witness) (Address) 9 COMMONWEAL TB OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss: ACKNOWLEDGMENT & AFFIDAVIT I, RITA C. FURBER, the testator in and the undersigned witnesses to the will, of the attached or foregoing instrument, who have signed the instrument, having been qualified according to law do depose and say: (a) that I, the testator, do hereby acknowledge that I signed the instrument as my will, that I signed it willingly and as my free and voluntary act for the purposes therein expressed; and (b) that we, the witnesses, were present and saw the testator sign and execute the instrument as his will, that he signed it willingly and executed it as his free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the testator signed the will as a witness and that to the best of our knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. //-~ (/ j-~ " ...L0L Witness '7' I!GJ/ ( subscribed before me this 71 r---'""-__~n___. _ -..~ -~.".- )-/. (lJ()i'/':. _,.: .'- r:: f4:A'" I ",' 4:'V'-..li.~ arr:~ i:,!f ~., ", ~,riO\,"lrl Pubnc My COmrnh~ G, 0, vlP1liEir!dl1eJ County . ~~ F&b, lB, 2000 ------ Seal: 10