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HomeMy WebLinkAbout05-01-08 - Register of Wills of Cumberland County, Pennsylvania ANCILLARY PETITION FOR GRANT OFI LETTERS No. J\ Social Security No. Deceased 01)' 0390 570-90-2968 Estate of PATRICIAA. COLLINS ALAN R. COLLINS Petitioner, who is 18 years of age or older, applies for: (COMPLETE "A" OR "B" BELOW:) Ancillary A. Probate and Grant of/ Letters and aver that Petitioner is the Executor named in the Last Will of the Decedent, dated and codicil(s) dated 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 documents offered for probate; was not to victim of a killing and was never adjudicated incompetent B. Grant of Letters of Administration (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: r--.3 g Name Relationshi Residence ,,- ~ :::0 :7~: (f') 7' o -0 00""" :x COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ,:0 N" i-n :o~ ..!... "'7',"'--' Decedent was domiciled at death in Santa Clara County, California, with her last family or pfrncipal res~nc~~ "'~l at 7751 Rea Street. Gilrov. California (list street, number and municipality) Decedent, then ~ years of age, died September 27,2007 at 7751 Rea Street. Gilrov California her residence (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 Count y.................................................." $ Value of real estate in Pennsylvania ......................................................................................................................$ T otal...................................................................................................... $ -0- -0- 25.000.00 25.000.00 Real Estate situated as follows: .022321 percent interest in vacant land - Texaco Road. Silver Spring Township. Cumberland County, PA- (Map No. 38-08-0569-016) 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 undersigned: T ed or rinted name and residence Alan R. Collins 2035 Jefferson Drive Gilro ,CA 95020 .. Oath of Personal Representative COUNTY OF · ~~ ~..~a ~~M )> .:::0 ZCf)?, C' C) ao~ -0 ~I' :~ri c>s;2 '.'% :c."": ("'-, The Petitioner above-named swears and affirms that the statements in the forego~etitiorrare tliJe ;"-n and correct to the best of the knowledge and belief of Petitioner and that, as personal re~~ntativ~ the " Decedent, Petitioner will well and truly administer the estate~w. ? coo Sworn to and affirmed and subscribed ~ y ~ Alan R. Collins :SS. ,..., c:::> c:::> CIC> ::Jt :;poo -< , STATE OF CALIFORNIA No. /(Ir; Torre ChiefE. XeclJ/,' 7Veo 'ffIcsr1f". 1 . 1. \ 0 '6 ()~CjD Before me thi~1ODB. day of ,2008. ~/l /J~_ ) (I Cut.t:c 00UA~ P,B4e Estate of PATRICIA A. COLLINS Social Security No: 570-90-2968 Death: September 27. 2007 AND NOW, ~1l1 ~~ ,2008 in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, Ancillary IT IS DECREED that/Letters Testamentary are hereby granted to Alan R .Collins 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 of the Decedent. Short Certificate(s) Renunciation............. . Affidavit ( ).................. ~~~~c~{&~UM...~ JCP Fee....................... ~~~........ Oth~ 1O.t{.0liRi.... TOT AL......... $~oO"OD $~DD $ $ $ $ f)() . (1) $ \0. DD $ 12. t'JO $ 80.00 $~ ~~ ~~~L FEES Letters........................... Attorney: Jerrv R. Duffie 1.0. No: 09601 Address: Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne. PA 17043- Telephone: 717-761-4540 ,\-Ol- ?'R- \ \oJ.LtC\ \ !r-JO LAST WILL AND TESTAMENT ~D ~t' ~\lCRO > FtL.EO .,. 20Gl OEt3 I Ai" 9:45 '\ 7 OF l<i't7l \'rnFF;E: I .. . -'. .~.:<, \.. __., ? '"" E:!""ll' il'jr:-F FXF:C,(ih ICtJilCL iU\ >.' I '::"r)-~''.;Irp i'r,I.,";' OF CI-\ ~)-Ul ,;,:::i::' ;:i.-~ ~.""~';'<'.,," '''l "R.l\ ('""'!,!',"~",',I,,I',',"',"',,"",,',I,',,',_'"",I",n" :(i'u" ~.' , "\, 'Y PATRICIA COLLINS I, PATRICIA COLLINS, a resident of Gilroy, Santa Clara County, California, declare that this is my Will. FIRST: I revoke all Wills and Codicils that I have previously made. SECOND: I declare that I am single. I have one living child; namely, LINDA CHRISTINE WILLIAMS, of Morgan Hill, California. I have no deceased or adopted children. THIRD: I make the following disposition of my estate: (a) I hereby give all of my estate to ALAN R. COLLINS, of Gilroy, California, in trust, to hold, administer and distribute as follows: (1) The Trustee shall pay to or apply for the benefit of my child, LINDA CHRISTINE WILLIAMS, and my grandchildren, MEGAN GREEN, CORTNIE ANN WILLIAMS, and HUNTER WILLIAMS, so much of the net income and so much of the principal from the Trust Estate, up to the whole thereof, as the Trustee in his absolute discretion may from time to time deem necessary or advisable for the health, education support and maintenance of LINDA CHRISTINE WILLIAMS, MEGAN GREEN, CORTNIE ANN WILLIAMS, and HUNTER WILLIAMS. The balance of said net income, if any shall be accumulated by the Trustee and from time to time added to the principal of the Trust Estate. (2) If at any time, in the absolute discretion of the Trustee, the Trustee shall determine that LINDA CHRISTINE WILLIAMS is sufficiently capable of managing her financial affairs, the Trustee shall distribute to her, free of trust, one-half (112) of the Trust Estate. In such event, the Trustee shall divide the other one-half (112) of the Trust Estate into separate equal shares for MEGAN GREEN, CORTNIE ANN WILLIAMS, and HUNTER WILLIAMS to be held and administered as provided herein. When each such grandchild reaches the age of thirty-five (35) years, the Trustee shall distribute and deliver to each such grandchild the then balance of the principal of his or her share of the trust estate. ,,@) (3) In the event that the Trustee shall determine that LINDA CHRISTINE WILLIAMS is not sufficiently capable of managing her financial affairs when the oldest of said grandchildren reaches the age of thirty-five (35) years, the Trustee shall divide one-half (112) of the Trust Estate into separate equal shares for MEGAN GREEN, CORTNIE ANN WILLIAMS, and HUNTER WILLIAMS to be held and administered as provided herein. When each such grandchild reaches the age of thirty-five (35) years, the Trustee shall distribute and deliver to each such grandchild the then balance of the principal of his or her share of the trust estate. The Trustee shall continue to hold the other one-half (112) in trust for LINDA CHRISTINE WILLIAMS until either the Trustee determines that she is sufficiently capable of managing her financial affairs, or until her death. In the event of her death, her one-half (112) of the Trust Estate shall be divided into equal shares for the said grandchildren and added to their respective shares to be held and administered as provided herein. (4) If any such grandchild should die prior to attaining the age of thirty-five (35) years, then upon the death of such grandchild the Trustee shall add the balance of such deceased grandchild's share of the trust estate to the shares of the other such grandchildren to be held and administered as provided herein. (5) If ALAN R. COLLINS shall for any reason fail to qualify or cease to act as Trustee because of physical or mental incapacity or other reason, LYNN LOWELL, of Puyallup, Washington, is hereby appointed as successor Trustee and shall have all the powers, rights, discretions, obligations and immunities conferred on such Trustee. Physical or mental incapacity shall be conclusively established if two doctors, authorized to practice medicine in the State of California, issue written certificates to that effect. (6) Provided, further, however, if I have left any written instructions outside of this Will regarding the disposition of any items of my automobiles, silver, chinaware, books, pictures, household furniture and furnishings, jewelry, clothing and other personal effects, then I direct the Executor to distribute such items in accordance with my instructions. FOURTH: Except as otherwise provided in this Will, I have intentionally omitted to provide herein for any of my heirs living at the date of my death. 2 J@ FIFTH: If any beneficiary under this Will in any manner directly or indirectly, 'contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me without issue. SIXTH: I hereby nominate ALAN R. COLLINS as Executor of this Will to serve without bond. If he shall for any reason be unwilling or unable to serve as Executor, then I hereby nominate LYNN LOWELL to serve without bond. I authorize my Executor to sell, with or without notice, at either public or private sale, and to lease any property belonging to my estate, subject only to such confirmation of court as may be required by law. I further authorize my Executors either to continue the operation of any business belonging to my estate for such time and in such manner as my Executor may deem advisable and for the best interests of my estate, or to sell or liquidate the business at such time and on such terms as my Executor may deem advisable and for the best interests of my estate, except as otherwise provided herein. Any such operation, sale or liquidation by my Executor in good faith shall be at the risk of my estate and without liability on the part of my Executor for any resulting losses. SEVENTH: I have not entered into any contract to make a Will or a devise, not to revoke a Will or a devise, or to die intestate. EIGHTH: If any portion of this Will shall be adjudged invalid, then I direct that the balance of the Will shall be carried into effect, it being my intention to enact and create each section as valid independently of each other section. I subscribe my name to this Will on the /.d-Y day of a~)-, 2006, at Gilroy, California. U ~~&f~ A TRICIA COLLINS The foregoing instrument, consisting of four (4) pages, including the page signed by us as witnesses, was at the date hereof, by PATRICIA COLLINS, signed as and declared to be her Will, in the presence of us who, at her request and in her presence and in the presence of each other, have 3 W1 .. 'f ., subscribed our names as witnesses thereto. Each of us observed the signing of this Will by ,P A TRICIA COLLINS, and by each other subscribing witness and knows that each signature is the true signature of the person whose name was signed. Each of us is now more than 18 years of age and a competent witness and resides at the address set forth after his name. Weare acquainted with PATRICIA COLLINS. At this time she is over the age of 18 years, and to the best of our knowledge she is of sound mind and is not acting under duress, menace, fraud, misrepresentation or undue influence. We declare under penalty of peIjury that the foregoing is true and correct. ec d n the /hr day of 4r ,2006, at Gilroy, California. ~)1f // RESIDING AT 840 W. 8th St. Gilroy, CA 95020 tI RESIDING AT .3 t/ 31 ~.. ~ 1l(iII;t_fJkt C!A-15m7 4 Wi