HomeMy WebLinkAbout05-23-08
LAST WILL AND TEST AMENT
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I, DAVID G. HOWE, of Camp Hill, Cumberland County, Pennsylvania, beingOf~und ana-?
disposing mind, memory and understanding, do hereby make, publish and declare this a~d for m~
Last Will and Testament, hereby revoking all other wills and codicils heretofore made by me.
DAVID G. HOWE
FIRST: I direct that all my just debts and funeral expenses, including my grave
marker, shall be paid from the assets of my estate as soon as practicable after my decease.
SECOND: I give and bequeath the sum of Six Hundred Seventy Thousand Dollars
($670,000.00) to Messiah College in full satisfaction of an irrevocable pledge agreement I previously
executed on May 4,2005.
THIRD: I give, devise and bequeath my home at 35 Windsor Way, Camp Hill,
Cumberland County, Pennsylvania together with any insurance thereon to my brother and sister-in-
law, namely, EDWARD F. HOWE and DONNA HOWE, or the survivor of them.
FOURTH: I give and bequeath all of my direct working interest investments in the
natural gas drilling programs of Royale Energy, Inc. as follows:
a. 60 % thereof to my nephew, JAMES M. HOWE;
b. 20% thereof to my niece, DARLENE F. MCCRAW; and
c. 20% thereof to my nephew, EDWARD GLENN HOWE
FIFTH: I give, devise and bequeath the residue of my estate, of every nature
and wherever situate, to my brother, EDWARD F. HOWE. Should my brother, EDWARD F.
HOWE, predecease me then his share shall be distributed to his issues per stirpes living at the time
of my death.
SIXTH: I direct that all taxes that may be assessed in consequence of my death,
of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a
part of the expense of the administration of my estate.
SEVENTH: I nominate, constitute and appoint my brother, EDWARD F. HOWE,
Executor of this my Last Will and Testament. Should my brother, EDWARD F. HOWE, fail to
qualify or cease to act as Executor, I appoint JAMES M. HOWE and DARLENE MCCRAW, or
the survivor of them as Executor of this my Last Will and Testament.
EIGHTH: I direct my Executor and his successors shall not be required to
give bond for the faithful performance of their duties in this or any other jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting oftwo (2) typewritten pages, each identified by my signature, this .;1.1, ~
day of May 2005.
----<Y ~ ~ ~ (SEAL)
/ ~vidG.Howe
Signed, sealed, published and declared by the above-named Testator, DAVID G. HOWE, as
and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and
presence, and in the sight and presence of each other, have to subscrib our names as
witnesses.
COMMONWEALTH OF PENNSYLVANIA
)
COUNTY OF CUMBERLAND
: SS.
)
I, DAVID G. HOWE, Testator, 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 Testament; that I signed it willingly; and that I signed it
as my free and voluntary act for the purposes therein expressed.
.J.I Sworn or affirmed to and acknowledged before me by DAVID G. HOWE, the Testator, this
~'!!f:. day of May 2005.
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(SEAL)
NOTARIAL SEAL
SHELLY SEXTON, Notary Public
Carlisle Boro, Cumberland County
My commission Expires Apnl 26, 2007
AFFIDAVIT
)
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND )
We, RONALD E. JOHNSON and .-~ lor: P f\.J..~~v S , the wi1nesses
whose names are signed to the attached or foregoing instrument, being duly qualified according to
law, do depose and say that we were present and saw Testator sign and execute the instrument as his
Last Will and Testament; that DAVID G. HOWE signed willingly and that he executed it as his free
and voluntary act for the purpose therein expressed; that each of us in the hearing and sight of the
Testator signed the Will as witnesses; 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.
~ kr ~ed to and subscribed to before me by RONALD E. JOHNSON and
., Dr 'l't"A.J( , witnesses, this dc;~ day of May, 2005.
NOTARIAL SEAL
SHELLY SEXTON, Notary Public
Carlisle Bora, Cumberland County
My Commissfon Expires April 26, 2007
(SEAL)
(SEAL)
IN RE: : BEFORE THE REGISTER OF WILLS
ESTATE OF DAVID G. HOWE, : OF CUMBERLAND COUNTY,
DECEASED : PENNSYLVANIA
: No.: 21-2008-0358
DECREE OF THE REGISTER OF WILLS
AND NOW, this _ day of
, 2008, upon consideration of the Petition
To Admit For Probate A Subsequently Discovered Will And Revoke Letters of
Administration filed by Edward F. Howe and Elyse E. Rogers as the Co-Administrators
of the Estate of David G. Howe in accordance with 20 P.A. C.S.A. ~3138 and 20 P.A.
C.8.A. ~3181(b), IT IS DECREED the Last Will and Testament of David G. Howe,
dated May 26, 2005, is admitted for probate.
IT IS FURTHER DECREED that Letters of Administration are hereby revoked,
and Letters Testamentary are hereby issued this date to Edward F. Howe, without
bond. Edward F. Howe shall have all the rights and duties of a fiduciary under the
laws of Pennsylvania and shall proceed with the administration of this estate according
to law.
Glenda Farner Strasbaugh, Register of Wills
INRE:
ESTATE OF DAVID G. HOWE,
DECEASED
: BEFORE THE REGISTER OF WILLS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: No.: 21-2008-0358
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PETITION TO ADMIT FOR PROBATE
A SUBSEQUENTLY DISCOVERED WILL AND
REVOKE LETTERS OF ADMINISTRATION
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EDWARD F. HOWE and ELYSE E. ROGERS, by and through their
attorneys, KEEFER WOOD ALLEN & RAHAL, LLP, hereby files this Petition To
Admit For Probate A Subsequently Discovered Will And Revoke Letters of
Administration in accordance with 20 P.A. C.S.A. ~3138 and 20 P.A. C.S.A.
~3181(b), and aver as follows:
1. David G. Howe (the "Decedent") died on March 20,2008, a domiciliary
of Cumberland County, Pennsylvania.
2. The Decedent was survived by a brother, Edward F. Howe; his
brother's wife, Donna Howe; and, his brother's three adult children, Darlene F.
Atwood, Edward Glenn Howe and James M. Howe.
3. Edward F. Howe and Donna Howe reside at 2198 Glenridge Drive,
Spring Hill, Florida 34609.
4. Darlene F. Atwood resides at 1996 Alfalfa Court, Marrioteville,
Maryland, 21104.
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5. Edward Glenn Howe resides at 8184 Pinehurst Harbour Way,
Pasadena, Maryland 21122.
6. James M. Howe resides at 1996 Alfalfa Court, Marrioteville, Maryland
21104.
7. Edward F. Howe was unable to readily locate the Decedent's Last Will
and Testament among the Decedent's personal records. Edward F. Howe had one
safe deposit box with Fulton Bank and two safe deposit boxes with PNC Bank, N.A.
drilled open in order to conduct will searches, but found no will among the contents
of the safe deposit boxes.
8. Edward F. Howe and Elyse E. Rogers filed a Petition for Grant Of
Letters Of Administration with the Register of Wills of Cumberland County,
Pennsylvania (the "Register"). On April 14, 2008, the Register granted Letters of
Administration to Edward F. Howe and Elyse E. Rogers (the "Co-Administrators").
The Register did not require a surety bond as the Co-Administrators agreed the
Estate's assets would remain within the possession and control of Elyse E. Rogers, a
Pennsylvania resident.
9. The Co-Administrators have already sent Notices of Administration to
Edward F. Howe, Darlene F. Atwood, Edward Glenn Howe and James M. Howe.
Donna Howe and Messiah College also know Letters of Administration have been
granted to the Co-Administrators.
2
10. The Co-Administrators have already closed the majority of Decedent's
various bank and brokerage accounts, and established various bank and brokerage
accounts in the name of the Estate of David G. Howe. The Co-Administrators have
also sold various securities and paid various funeral expenses, debts, and estate
administration expenses.
11. On May 20, 2008, Edward F. Howe discovered the Decedent's Last Will
and Testament, dated May 26,2005 (the "Will"), among the Decedent's personal
papers. The Decedent's original Will is attached hereto as Exhibit"A," and is
incorporated herein by reference.
12. The Co-Administrators wish the Register to admit the Decedent's Will
for probate, as is permissible according to 20 P.A. C.S.A. ~3138. The later
discovered will is being submitted for probate within 3 months after the Decedent's
death, and after the Register has appointed the Co-Administrators as the personal
representatives of the Decedent's probate estate.
13. The Decedent appointed Edward F. Howe the Executor of his probate
estate under Item Seventh of his Will, and waived bond under Item Eight of his
Will.
14. The Co-Administrators wish the Register to revoke Letters of
Administration granted to them and appoint Edward F. Howe as the Executor of
the Decedent's probate estate, as is permitted by 20 P.A. C.S.A. ~3181(b).
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15. Edward F. Howe contemporaneously herewith has filed a Petition For
Grant of Letters Testamentary.
WHEREFORE, Edward F. Howe and Elyse E. Rogers respectfully requests
the Register of Wills of Cumberland County, Pennsylvania to amend the probate
record by:
A. Accepting for probate David G. Howe's Last Will and Testament, dated
May 26, 2005;
B. Revoking Letters of Administration granted to Edward F. Howe and
Elyse E. Rogers; and,
C. Granting Letter Testamentary to Edward F. Howe, without bond.
Respectfully Submitted,
KEEFER WOOD ALLEN & RAHAL,LLP
Dated: May ~2008
St hanie Kleinfel er, Esquire
LD. No. 80089
635 N. 12th Street, Suite 400
Lemoyne, P A 17043
Telephone (717)-901-7786
Attorneys for Petitioners
By:
4
VERIFICATION
We, Edward F. Howe and Elyse E. Rogers, hereby verify that the statements
contained in the foregoing Petition To Admit For Probate A Subsequently
Discovered Will And Revoke Letters Of Administration are true and correct to the
best of our knowledge or information and belief. We understand that false statements
herein are made subject to the penalties of 18 Pa.C.8.A. ~ 4904, relating to unsworn
falsification to authorities.
Dated: May ll, 2008
~r~
Edward F. Howe
Dated: May g, 2008
€r'if ie'
Elyse E Rogers
EXHIBIT A
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LAST WILL AND TESTAMENT
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OF
DAVID G. HOWE
i. t
FIRST: I direct that all my just debts and funeral expenses, including my grave
marker, shall be paid from the assets of my estate as soon as practicable after my decease.
SECOND: I give and bequeath the sum of Six Hundred Seventy Thousand Dollars
($670,000.00) to Messiah College in full satisfaction ofan irrevocable pledge agreement I previously
executed on May 4,2005.
THIRD: I give, devise and bequeath my home at 35 Windsor Way, Camp Hill,
Cumberland County, Pennsylvania together with any insurance thereon to my brother and sister-in-
law, namely, EDWARD F. HOWE and DONNA HOWE, or the survivor of them.
FOURTH: I give and bequeath all of my direct working interest investments in the
natural gas drilling programs of Royale Energy, Inc. as follows:
a. 60 % thereof to my nephew, JAMES M. HOWE;
b. 20% thereof to my niece, DARLENE F. MCCRAW; and
c. 20% thereof to my nephew, EDWARD GLENN HOWE
FIFTH: I give, devise and bequeath the residue of my estate, of every nature
\ and wherever situate, to my brother, EDWARD F. HOWE. Should my brother, EDWARD F.
,~
HOWE, predecease me then his share shall be distributed to his issues per stirpes living at the time
of my death.
SIXTH: I direct that all taxes that may be assessed in consequence of my death,
of whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a
part of the expense of the administration of my estate.
SEVENTH: I nominate, constitute and appoint my brother, EDWARD F. HOWE,
Executor of this my Last Will and Testament. Should my brother, EDWARD F. HOWE, fail to
qualify or cease to act as Executor, I appoint JAMES M. HOWE and DARLENE MCCRA W, or
the survivor of them as Executor of this my Last Will and Testament.
,.
-
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EIGHTH: I direct my Executor and his successors shall not be required to
give bond for the faithful performance of their duties in this or any other jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and
Testament, consisting of two (2) typewritten pages, each identified by my signature, this .::J6 ~
day of May 2005.
~~ ~~ (SEAL)
/ g;vid G. Howe
Signed, sealed, published and declared by the above-named Testator, DA VID G. HOWE, as
and for his Last Will and Testament, in the presence of us, who, at his request, in his sight and
presence, and in the sight and presence of each other, have to subscrib our names as
witnesses.
COMMONWEAL TH OF PENNSYL VANIA
)
COUNTY OF CUMBERLAND
: SS.
)
I, DAVID G. HOWE, Testator, 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 Testament; that I signed it willingly; and that I signed it
as my free and voluntary act for the purposes therein expressed.
~ Sworn or affirmed to and acknowledged before me by DAVID G. HOWE, the Testator, this
;)..h ~ day of May 2005.
NOTARIAL SEAL
SHELLY SEXTON, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires April 26, 2007
/~6;~
(SEAL)
.
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~
AFFIDA VIT
COMMONWEAL TH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND )
We, RONALD E. JOHNSON and .~ I Qr P ~(tVV S , lhe witnesses
whose names are signed to the attached or foregoing instrument, being duly qualified according to
law, do depose and say that we were present and saw Testator sign and execute the instrument as his
Last Will and Testament; that DAVID G. HOWE signed willingly and that he executed it as his free
and voluntary act for the purpose therein expressed; that each of us in the hearing and sight of the
Testator signed the Will as witnesses; 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.
)
subscribed to before me by RONALD E. JOHNSON and
, witnesses, this dG~ day of May, 2005.
NOTARIAL SEAL
SHELLY SEXTON, Notary Public
Carlisle Boro, Cumberland County
My Commissfon Expires April 26, 2007
(SEAL)
(SEAL)
-
15304905272008
ROW621
File No 2008-00358
Decedent HOWE DAVID G
Cumberland County - Register Of Wills
Page 1
5/27/2008
PA File No 2108-00358
D/E Date
No. Filed
001 03/28/08 PETITION FOR GRANT OF LETTERS OF ADMINISTRATION
DEATH CERTIFICATE
OATH OF PERSONAL REPRESENTATIVE
AJW
Docket Entries
002 04/01/08
DECREE OF THE REGISTER OF WILLS DATED 04/01/08 IN RE PETITION FOR
GRANTED OF LETTERS IT IS HEREBY DECREEb THAT THE PETITIONER SHALL
POST SURETY BOND IN THE AMOUNT OF 200,000 IT IS ALSO DECREED THAT
UPON FILING THE BOND OF PERSONAL REPRESENTATIVE LETTERS OF
ADMINISTRATION SHALL BE GRANTED TO EDWARD F HOWE GLENDA FARNER
STRASBAUGH REGISTER OF WILL
SERVICE MAILED VIA USPS ON 04/01/08
AJW
003 04/09/08 PETITION FOR GRANT OF LETTERS OF ADMINISTRATION
OATH OF PERSONAL REPRESENTATIVE
CAJ
004 04/09/08 DESIGNATION OF A PA RESIDENT TO SERVE AS CO-ADMINISTRATOR AND
WAIVER OF BOND
CAJ
005 04/14/08
DECREE OF THE REGISTER OF WILLS DATED 04/14/08 IN RE PETITION FOR
GRANT OF LETTERS IT IS DECREED THAT THE DECREE OF THE REGISTER
DATED 04/01/08 SETTING BOND IS HEREBY VACATED IT IS FURTHER
DECREED THAT LETTERS OF ADMINISTRATION ARE HEREBY ISSUED TO EDWARD
F HOWE AND ELYSE E ROGERS THIS DATE AS CO ADMINISTRATORS EDWARD F
HOWE AND ELYSE E ROGERS SHALL HAVE ALL THE RIGHTS AND DUTIES OF
FIDUCIARIES UNDER THE LAW OF PENNSYLVANIA AND SHALL PROCEED WITH
THE ADMINISTRATION OF THIS ESTATE ACCORDING TO LAW GLENDA FARNER
STRASBAUGH
SERVICE MAILED VIA USPS ON 04/14/08 AJW
006 04/16/08 CERTIFICATION OF NOTICE UNDER RULE 5.6(A)
CAJ
007 OS/23/08 PETITION TO ADMIT FOR PROBATE A SUBSEQUENTLY DISCOVERED WILL AND
REVOKE LETTERS OF ADMINISTRATION
CAJ