HomeMy WebLinkAbout06-30-08PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of 'WILLIAM THOMAS BURNS File Number
also known as W. THOMAS BURNS
,Deceased Social Security Number 192-14-6150
Petitioner(s), who islaze 18 yeazs of age or older, apply(ies) for:
(COMPLE'TE 'A' OR 'B' BELOW: )
A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is !are the EXECUTOR named in the
last Will of the Decedent dated 11 /16/2007 and codicil(s) dated N/A
(State relevant circumstances, e.g., renunciation, death of executor, eteJ
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:
B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d. b.n.c.t.a.; pendente lire; durante absentia; durance 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. ord.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
Decedent, then 86 years of age, died on 6/15/2008 at ATLANTIC CITY MEDICAL CENTER. NJ
Decedent: at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 280 , 000.00
{If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
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:
Signature Typed or printed narrte and residence
{ ~ SHIRLEY LESTER BURNS
53 OLD FARM ROAD CAMP HILL PA 17011
Form xW-o2 rev. 1 o.I3.06 Page 1 of 2
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. "~
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principa~l'esidence at c', .
53 OLD FARM ROAD CAMP HILL PA 17011 CUMBERLAND CNTY '~
(List street address, town/cih'. township, county, state, zip code)
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly
administer the estate according to law.
Sworn to or affirmed 'allnd subscribed
before me the V day of
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Signature of
SHIRLEY LESTER BURNS
Signature of Personal Representative
For the Register Signature of Personal Representative C) ~--'
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Estate of WILLIAM THOMAS BURNS a/k/a W. THOMAS BURNS , Dece~se~ ~%
Social Security Number: 192-14-6150 Date of Death: 6/15/2008 ~
AND NOW, , 2008 , in consideration of the foregoing Petition, satisfactory proof
having been presented befor me, TI' IS DECREED that Letters TESTAMENTARY
are hereby granted to SHIRLEY LESTER BURNS
in the above estate
and that the instrument(s) dated 11/16/2007
described iin the Petition be admitted to probate and filed of record as the last Will (an~ICodicil(s~~of Decedent.
FEES
Letters ..........................
Short Certiificate(s) ~~.~~.
Renunciation(s) •••••••••••••
ail 1 .
.TGP/Automation
TOTAL .........................
$ 310.00
$ 48.00
$ 15.00
$ 15.00
.... $
.... $
.... $
.... ~
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.... $
.... $
.... $ 388.00
of Wills
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.: 15489
Address: WIX. WENGER & WEIDNER
PO BOX 845. HARRISBURG. PA 17108
Telephone: (717) 234-4182
r;orm Rwo2 rev. 1o.13.Q6 Page 2 of 2
REC}-18
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This is to certify that the above is correctly copied Issued by: Ventnor City Bpard Of alth
from a record on fife in my office. ~ n ce It. Callaghan, a Istrar
Certified copy not valid unless the raised
Great Seal of the State of New Jersey '
or the seal of the issuing municipality .lose h A Komosinski, State Registrar
or county, is affixed hereon. Bureau of Vital Statistics
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9't ATE Fa. NUM~!-
NEW .FEFtSEY DEPARTMENT 4F HEALTH AND SEfd1UR S£RViCES
CERTIFICATE OF DEATH
, a. Legg{ Marne of pecedenl (Fkat MkMb, Lest)
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4 a. Age-taut 9irthday 4b. Under 1 Year 4c. Under 1 Day 9::Oateo(Birth (MorAyrVrj 8. Birthplace (r~ey 6 SLaterFwei~r Country)
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9 . Dorrreatic Statue at Tbm of Death (CMCk Dray one) 10. Name of SuMvhtp SpoueelPerlner ~..
f~ Q$Mwar Metaled ~WMowed []tSornastk: PaMar (lfsr name glen at 6kflf aron bMD can7ficete)
{>;MarrfeA ^OivB UnMn Penner (~FJOmealk Por1(rarehip Temdneted
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' W OMertied, but separated ~ ~CMB IMbn olseolvad ODrmreeBC Parslet (Deceased)
.ppDwwced pCiYB Union (Oeceaaed! []Einknown Shirley Lester
~ ., gatlhr's erne (FbsL Mbdle, Lest}
11 i2. MolheYS Name Prior to Fkst Mattiage(FksL Mkkae, Last)
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Welter $urns: Mildred Thomas
13e.. Name o/ hrtormanl 13b. Relaibnsidp to Decedent
tt! Sf#irle urns Wife
'~ 1 MaBing Address (Street end Number, GNy, State. Z$r Cade}
n. 53 Qld Farm Rd., Camp Hill, FA. 17011
m 14. M of D . 15. Place M DispoaMon (Name o(cemetery, cromemry, ottrerpleca)
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remarwn OEMOmbment HOllin er Creglatgr
W []Removal from State S8, Lo City 01' TdWn and 3taSe.
^otner(spe~: Mt. Hol:l S tin sr PA.
17. Name and Complete Address a(Fun~ral Facility 1704
p 324 Httnmtel Ave. Lemo tte PA.
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U at Funera} Dhec1 ~. 19. NJ Lfcensa Number
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20. Dec nt Ed 'n 21. of htisPaniC OrkJks9 22. Decedent Race (Check are or nrore bozos to indkeN rrhM rs~
~ (Highest degree orreve/otaehool (CM1ack orm ar more boxes !gat decedaM consklered blmseNrherswNlobe,)
compMled at tinre ofdeaM) (real deacrMe it decedent is WIsBe 06Mdc or AMCan Amerkren
^Grgde 8 or lase Spanisbrtlfspenlatetbro. []American InMen or Alaska Naave
^Gr~fe 9-t2; he dipRome Chack'No"box Ndeceabnt rs rxN
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QASSOdale degree (M, AS) .
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Chfceno [YOtirer Aaiwr (Specify)
^Bechelnis degree{BA, AB, i3S) Yes, Puerto Rican []Netlve Hawapen OGuamerriar w Chemorre
QMeshr's degree (M11, M5, MEd Yes, Cubes ^Semoen
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le (PhD, EdDj w QYea, Other SPexdehMiepaMct aOther PacMc Islander (Speclry)
pro fa6slonal degree (MD. WS..~) .Lase°(sP°cAYI' : (]Other (SPA//Y)
29. upalWn o(Decedent (type ofrvork date moM ~fNe, awn N repred) 24. Kind of Buaineas/lnduslry
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5, Name and Address of Leal Etnpioyer
1arrisburg Hospital, Harrisburg, PA.
!TENS 28.30 MUST BE COMPLETED BY PERSON ~• Die ~^ ~ (MorDaylYr) 27. Time Pro"ourtced Dead
WHO PRONOUNC OR CERT{FIES DEATH U : CJAM
28. Signature of Parso rtounct Death (Itolher Man CartiPer) 29. kxriae Ntanbar 30. Data 3lgnad(MavDay/Vn
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3t. Oete of Death @ 2. Time ~ Death 33. W as Medici Examiner GoMect®d7
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34. PLACE OF O1rA7N {Check only one) If Death Occurred Sometidtere Outer Than a HoapBal:
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npeaent. ~Etnergeruey Roan - (7Hospka Fscltity []NUrakg tiomeRongTerm Care Faday
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'threat end Death
~. 30a. PART l DU NOtenfer tertaktel evarda ouch es cardiac angst or ventricular l~rilre0an wNhouf 8ltoa?ng etkwopy.
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LAST' WILL ANIU TESTF-MENT
OF
WILLIAM THOMAS BURNS
I, William Thomas Burns, of Camp Hill, Cumberland County, Pennsylvania,
t-eing of sound and disposing mind and memory, do make, publish and declare this to be
my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time
previously made.
~~
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Prc~i v i~3ioi i fl~r Ta%:L~.~i _ __
C.
C.?
ITEM I: I direct that all inheritance and estate taxes becoming due by' _~ ->
reason of my death, whether such taxes may be payable by my Estate or by ar~[,re.>/ipie~t
of any property, shall be paid by my Executor out of the property passing under his Witt
that is not specifically devised or bequeathed as an expense and cost of adrr~iFlistration~'of
my Estate. My Executor shall have no duty or obligation to obtain reimbursement for aay
:>uch tax paid by my Executor even though on proceeds of insurance or other property not
passing under this Will.
Dispositive Provisions
ITEM II: I may have placed with this Will or otherwise made known to my
E=xecutor a separate writing giving certain items of personal property to certain
individuals. It is my intention that such items shall pass to such individuals to be
distributed by my Executor in accordance with such writing. to the absence of such
writing, or to the extent it is incomplete or ineffective, then all my property, real,
personal, and mixed, shall be distributed in accordance with Items IV and V herein.
i t i=1'vl iii: i hereby ~-ake tre f~~llovvi~ig sp:,cific +vequests:
(a) the sum of $100,000.00 to my daughter, Bonnie Huzey, or, if she
does not survive me, to her issue, perstirpes; provided, however,
that said bequest shall be reduced by any life insurance proceeds
payable to my daughter as a result of my death;
(b) the sum of $100,000.00, in equal shares to the then living children of
my son, Walter Thomas Burns;
(c) the sum of $50,000.00 to my stepdaughter, Marguerite Bowman, or,
if she does not survive me, to her issue, perstirpes;
Page 1 of 6
(d) the sum of $50,000.00 to my stepdaughter, Anna Bierce, or, if she
does not survive me, to her issue, per stirpes;
(e) the sum of $50,000.00 to my stepdaughter, Karen Neavling Bissette,
or, if she does not survive me, to her issue, per stirpes;
(f) the sum of $50,000.00 to my stepson, Peter Neavling, or, if he does
not survive me, to his issue, per stirpes.
ITEM IV: I give and bequeath all my household furniture and furnishings,
automobiles, books, pictures, jewelry, china, linen, silverware, wearing apparel and all
other like articles of household or personal use and adornment to my wife, Shirley Lester
Burns, if she survives me, or if my wife does not survive me, to my children and
stepchildren, per stirpes, to be distributed among them in as equai shares as practicabie
;and as they may agree. If they are unable to agree, my Executor shall make such
decision as to distribution.
ITEM V: I give, devise and bequeath all of the rest, residue and remainder
Hof my property, real, personal and mixed, to my wife, Shirley Lester Burns, if she survives
ime, or, if she does not survive me, in equal shares to the beneficiaries set forth In Item II
above, per stirpes.
Appointment of Fiduciaries
ITEM VI: I nominate, constitute and appoint my wife, Shirley Lester Burns, to
be my Executor. In the event of the death, resignation, refusal or inability of Shirley
Lester Burns to serve as my Executor, I nominate, constitute and appoint my son-in-law,
James Bowman, and my daughter, Bonnie Huzey, or the survivor of them, to serve as
Co-Executors in her place.
ITEM VII: If at any time any minor child or legally incompetent person shall
be entitled to receive any assets hereunder, I hereby nominate, constitute and appoint my
Executor to act as Guardian of the assets payable to such person. Said Guardian may
receive and administer all assets authorized by law and shall have full authority to use
such assets, both principal and income, in any manner said Guardian shall deem
advisable for the best interest of such person, including college, university, post-graduate
or other education, without securing court order. Said Guardian shall have all the rights
and privileges as to the Guardianship and the assets thereof as are herein granted to my
Executor as to my Estate and the assets therein.
ITEM VIII: My Executor and Guardian are specifically relieved from the duty
or obligation of filing any bond or bonds.
Page 2 of 6
Powers of Fiduciaries
ITEM IX: In the settlement of my Estate, my Executor shall possess,
among others, the following powers to be executed for the best interest of the
beneficiaries:
(a) To sell either at public or private sale and upon such terms and
conditions as my Executor may deem advantageous to my Estate,
any or all real or personal estate or interest therein, whether owned
by me severally or in conjunction with other persons or acquired after
my death by my Executor, and to consummate said sale or sales by
sufficient deeds or other instruments to the purchaser or purchasers,
conveying a fee simple title, free and clear of all trust and without
obligation or liability of the purchaser or purchasers to see to the
application of the purchase money or to make inquiry into the validity
of said sale or sales; also, to make, execute, acknowledge and
deliver any and all deeds, assignments, options or other writings that
may be necessary or desirable in carrying out any of the powers
conferred upon my Executor in this Item IX(a) or elsewhere in my
Will.
(b) To pay all costs, taxes, expenses and charges in connection with the
administration of my Estate. My Executor shall pay expenses of my
last illness and funeral expenses.
(c) To distribute my Estate in kind or in money. If any assets are
distributed in kind, they shall be distributed at their respective
value(s) on the date(s) of their distribution.
(d) To retain any investments I may have at my death so long as my
Executor may deem it advisable to my Estate to do so.
(e) To vary investments, when deemed desirable by my Executor and to
invest in such bonds, stocks, notes, money markets, real estate
mortgages or other securities or in such other property, real or
personal, as my Executor shall deem wise, without being restricted
to so-called "legal investments."
(f) To mortgage real estate and to make leases of real estate.
(g) To borrow money from any party to pay indebtedness of mine or of
my Estate, expenses of administration or inheritance, legacy, estate
and other taxes.
Page 3 of 6
(h) To vote any shares of stock that form a part of the Estate and to
otherwise exercise all the powers incident to the ownership of such
stock.
(i) In the discretion of my Executor, to unite with other owners of similar
property in carrying out any plans for the reorganization of any
corporation or company whose securities form a part of the Estate.
Q) To distribute my personal property directly to the Guardian of the
person of any minor beneficiaries hereunder.
(k) To elect such settlement options as deemed most appropriate by my
Executor with respect to any pension, profit sharing or other
retirement plan in which I am a participant.
(I) To do all other acts that, in the judgment of my Executor, are
necessary or desirable for the proper and advantageous
management, investment and distribution of my Estate.
Miscellaneous Provisions
ITEM X: Any person who shall have died at the same time as me, or in a
common disaster with me, or who shall fail to survive me by ninety (90) days, shall be
deemed to have predeceased me.
ITEM XI: As used in this Will, the term "my children" shall mean my
daughter, Bonnie Huzey, and my late son, Walter Thomas Burns; the term "my
stepchildren" shall mean the children of my wife, Shirley Lester Burns, being Marguerite
Bowman, Anna Bierce, Karen Neavling Bissette, and Peter Neavling.
IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will
and Testament, consisting of this page, the next two pages, and the preceding three
pages this/6 day of November, 2007.
William Thomas Burns
Page 4 of 6
SIGNED, SEALED, PUBLISHED AND DECLARED by the above named
Testator, William Thomas Burns, as and for his Will, in the presence of us, who, at his
request, in his presence and in the presence of each other, have hereunto subscribed our
names as witnesses in attestation thereof.
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS.
I, William Thomas Burns, the 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 that I signed
it willingly and as my free and voluntary act for the purposes therein expressed.
Sworn to or affi~med and acknowledged before me by William Thomas
Burns, the Testator, this ~ day of November, 2007.
William Thomas Burns, Testator
`~
Notary Public
My Commission Expires: ''~//2/~r%'~~F
t:OCv~NiON~Nz;ACC~-1 OF PENNSYLV.~NIA
Notarial Seal
Harva Owings Baughman, Notary Public
City of t{arrisburg, Dauphin County
1~}' Cornmissinn Expires .luly 12, 2008
Mcomter, Pennsylvania Association of Notaries
Page 5 of 6
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
We, Jaime S ~ ~crwmG~ ~ 'f1`~ bl'~~~ .~ (. ~ ~%y~l'~~~}'' ,
and ~(~'{Z(~1 ~,~,~ `~'~ ,the 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 the Testator sign and execute the instrument as his
Last Will; that the Testator signed willingly and executed it as his free and voluntary act
for the purposes therein expressed; that each subscribing witness, 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.
Sworn to or affirmed and subscribed to before me b ~LIY~~k'S~-~~~~~~
.,.--~ ~ 1 G")1'1 ~ S ~ ~/-~ ,and ~(~ VU CQ C ~ ~~(~ ii(,16 ]~ ,
witnesses, this ~ bay o November, 2007.
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Notary Public
My Commission Expires: y~iL/2(~l~
~f)~f,'(f)~iW`c3ALTH OF PENNSYLVANIA
Notruiai Seal
F:\dbw\Wills\Bums\William - 2007 Will.doc i-iar9~a il~vings Baughman, Notary Pnblic
pity nf` P~Isrrrisburg. Da~rphin County
h"l}~ Ci~inmissian Expires .tiny 12, 2008
A~~mber, 4~enrts~vania Assocsation of Notaries
Page 6 of 6
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