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HomeMy WebLinkAbout07-24-08Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Mitchell G. Wells No. ~~ I ' ~ b ~ ~ / /~ also known as Deceased Social Security No. late of East Pennsboro Township, Cumberland County, Pennsylvania Petitioner, who is 18 years of age or older applies for: COMPLETE "A" OR "B" BELOW:) ® A. Probate and Grant of Letters and avers that Petitioner is the executor named in the Last Will of the Decedent, dated January 5, 1989 and codicil(s) dated N/A 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 the victim of a killing and was never adjudicated incompetent: ^ B. Grant of Letters of Administration (c.t.a., d.b.n.c.t.a.: pendente liter 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 anv) and heirs: Name Relationship Residence n p _ ~ ~~ ~ c _,~~ .. ~ __G,]~ ~' tlJVrvlrLC I C IIV HLL I,HJtJ:) Httacn addlUOnal sheets if necessary. _ ; A ,~y~ _ ~~ w Decedent was domiciled at death in Cumberland County, Pennsylvania, with his last family or prir~Icipal residt~ce at 705 Carriage Lane. East Pennsboro Township Cumberland Countv Pennsylvania 17050 (list street, number and muniupality) Decedent, then 50 years of age, died June 15. 2008, at _ Holv Spirit Hospital East Pennsboro Township Cumberland Countv, Pennsylvania (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property ................................................................................ $ 75.000.00 (If not domiciled in PA) Personal property in Pennsylvania ............................................ $ (If not domiciled in PA) Personal property in County ...................................................... $ Value of real estate in Pennsylvania ................................................................................................... $ Total ..................................................................................................................................... $ 75.000.00 Real Estate situated as follows: ,, C. _.~ Wherefore, Petitioner respectfully requests the probate of the last Will presented with this Petition and the grant of letters in the a ro riate form to the undersi ned: _Signature Typed or printed name and residence ~1 1 _ / / ~~~ Bonita A. Wells /- (~.~ 705 Carria a Lane, Mechanicsburg, PA 17050 Form RW-1 Page 1 of 2 (Dauphin County -Rev. 9/92) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner above-named swears and affirms that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner and that, as personal representative of the Decedent, Petitioner will well and truly administer the estate actor ing to law. Sworn to and affirmed and subscribed ~ (.:t.-~GX~J~~ before me this ~ Y''` day of 008. DECREE OF REGISTER Estate of also known as Social Security No. 1 U3-4U-5043 AND NOW, -~-J of the Petition on the reverse side IT IS DECREED that Letters ®Testamentary are hereby granted to (c.t.a.; d.b.n.c.t.; pendente life; durance a data _~~ J ~.J -l'1 -_ ~Q--r . ~ ~> .j ~ I :.: -, , - ,.J f-. _~..~ ~ - ~ +i in the above estate and that the instruments, if any, dated January 5. 1989 ~ ~~_;- - _ described in the Petition be admitted to probate and filed of record as the last Will of Decedent ~ '--, /~ r FEES Letters .................................. $ ~ _ ~ egister of Wills Short Certificate(s) ............... $ ~ (p,~~ Renunciation ........................ $ Extra Pages ( ) .................. $ Codicil .................................. $ JCP Fee ............................... _ $ r ~. ©~ Other .................................... $ TOTAL .................... $ ~ 11 ~. Mitchell G. Wells, Deceased Date of Death June 15, 2008 having been presented before 2008, in consideration of Administration Attorney: Jeffrey A. Ernico, Esquire I.D. o.: 07981 3401 North Front Street Address: Harrisburg, PA 17110-0950 Telephone: 717-232-5000 DATE FILED: Form RW-1 Page 2 of 2 (Dauphin County -Rev. 9/92) 498606v1 105.805 REV (01/071 _ a~~~v~~~ LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $6.00 P 14583593 Certification Number H105~103 REY 718006 - TYPE rPRINT Ni PERMANENT BLACK INK 1. Nate a Oeceaed ff+st nidaa, mr, 5. Aga ILaa BiMmr) lA YaYly Yrs. BO County d Dean Clxnberland n. Drroarre Uwr ~ , Ker a waL 2W. zi. -. ~,~) ~y `I _~ ._ zee ...--Y-Ir~aa.l --__-~_.,,....,~ rr - ---..._._, s Yee J[]No 4 Married Bonita Shott Decease's ~ Detests Aaur ResrsKe 17a. suw __ Pennsylvania Lipha East Penrlsboro I7c Yw, Deromd lisw b 150 I7e.canY Cumberland T°r"°li°T na. 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Name erb Amrw d Precn vmo Campers cauw d I S 1r s Lae ~ ~ ( M~ ~ 3 _a C /Cf ~~ cA . /.1`7 . ~ a Dispositbn Permil No. aaa 13SvZ ,.._....~..._ ...... ....... _ .._.__W...~ This is to certify that the information here given is correctly copied from an original Certificate of Death duly filed with me as Local Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing. ~ ~ ,, ~~ !o /,Cg /u $ Local Registrar Date Issued ~ N _ ___ _____ _._. o - ca -' rn ~O ' =~ ~ n ~ _! ~._t r t... ; -~J i'F'7 (~ - < „7 r'c r .''1 } ~ -^1 -1 ~ ~ ` •F" C0IAMONWEALTH OF PENNSYLVANIA • DEPARTIAENT OF HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (Sea Inaducdons and sxampka on reverse} STATE FILE NUMBER i t h 1 11 s. B'" a. lair sryrr Numna ~. DaM a Daen luarl, mr, rwr) «r lhralm 6.DebaBYnlMaah, 7 1 103 - 40- 5043 JUAIt, JS ~-UoSS om Meae Lyer. BryierA (~ err rm a 8a. Plow d Dann (Cabd adr ar) War ~ ~ Onr. C We tll MA ^bpaaerp l~'@R/oraPeare ^DOA ^ x. cN, Boo, rwP. a Dean m. FaX1y Maw la m:rrdm, YNe reel ant naroep Nurrq Nana ^ R•siaenw pone ~ sP.dy: 9. YYas Detests d /lisparic Onpn7 x] No ^ Yw 10. Rana: Arrrnwn btin, Bhn. Ntia. rc. East Pennsboro Hol S irit ar«.ewmycanr~, I Ion. seep abm d waAYn r. n. ~,.., .......... ... .... .. LMir+n~ Purb Rion, ac.f _ - . . wa. ere.ig raawe Isyea, dr / am, aw, zp 705 Carriage Lane Mechanicsburg, PA 1 a Nara (FYsL MCSa. lea, edfs) Gordon wre Name RYw / Pmp Bonita Wells r a Dlsroseon ~ Bair ^ Rwbaa Iran Sur gree IMIe Sprwa IMmn, my. Mal Tres / PaM ,, .i LAST WILL AND TESTAMENT OF MITCHELL G. WELLS I, MITCHELL G. WELLS, presently of East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, being of sound mind and disposing memory, realizing the uncer- tainty of this life, do hereby make, publish and declare this to be my Last Will and Testament, revoking. any and all previ- ous Wills and Codicils, and hereby will and dispose of all the property which I own at my death in the following manner: I. As Executrix (herein referred to as "Executor") of this my Will I name and nominate my wife, Bonita A. Wells; if she shall for any reason fail or be unable to serve as Execu- tor, either before or during her service as Executor, then I ra name my wife's parents, Marie Shott and GeoroShot~', a~~;._-~ c_ ~~, -, ~. k- C7 c- Myerstown, Pennsylvania as Executor . _ ~- ~~ , , '.; ,-~, r.~ : , -. II. ~ ~~~ ~ ~. ~_r I direct that my debts and the expense`s ~f mya?la~~~ ~ c~ illness and funeral shall be paid by my Executor as soon 'rafterH~ my decease as may be convenient. III. All of my automobiles, household and personal ef- fects and other tangible personalty of like nature, together with insurance thereon, I give to my wife, Bonita A. Wells, if she shall survive me by a period of thirty (30) days; but if my said wife does not so survive me, then equally to such of my children as so survive me to be divided among them as they 1 q, ~ may determine, or, should they be unable to agree, as my Executor may decide with power in said Executor to deliver such property to which a minor is entitled either to the minor or to another to hold for such minor during minority, or to sell the same and apply the proceeds for the benefit of the minor in such manner as said Executor may determine. IV. If my said wife shall survive me for a period of thirty (30) days, I devise and bequeath unto my said wife, outright and absolutely, all the rest, residue and remainder of my estate, real and personal and mixed, including any prop- erty over which I may have any power of appointment. V. If my said wife shall fail to survive me for the said period of thirty (30) days, but if my daughter, Ashley Elizabeth Wells, and my son, Chase Mitchell Wells, and any other child or children who might hereafter be born and/or adopted unto my said wife and me, shall survive me, then I bequeath and devise all the rest, residue and remainder of my estate, real and personal and mixed, including any property over which I may any power of appointment, unto my wife's parents, Marie Shott and George Shott, presently of Myerstown, Pennsylvania, as Trustees (herein referred to as "Trustee") of a trust for the benefit of my surviving children or the issue of any deceased child of mine; and my said Trustee shall hold, invest and reinvest, collect the income therefrom, pay all 2 ~, taxes and other charges that may be made properly against the said estate, and distribute the income and principal thereof as follows: A. During the period of said trust for said benefi- ciaries, my said Trustee shall apply so much of the principal and income of the said trust as is, in the sole discretion of my said .Trustee, necessary for the benefit, support, maintenance and education of said beneficiaries. B. My said Trustee shall divide the balance of accumulated income and principal of said trust into as many equal shares as there are then living chil- dren of mine or issue of a deceased child of mine so that my Trustee shall have divided the said balance of the said trust estate into as many shares as there are children of mine represented either by themselves then living or by their issue then liv- ing. My Trustee shall continue to hold the said trust shares, in trust, and make distribution as herein set forth. My Trustee shall distribute the principal and accumulated income to any such benefi- ciary as follows: one-third upon attaining the age of 21 years, one-half of the remaining balance upon attaining the age of 23 years and the balance of accumulated income and principal upon attaining the age of 25 years. C. If the said beneficiary shall die at any time during the continuance of this said trust, leaving issue then surviving, the principal and accumulated income, if any, of this trust for this said benefi- ciary shall be paid over to his said issue per stirpes; provided, however, that if any of said issue be under the age of 18 years my said Trustee shall apply the income and principal of their respec- tive shares,in my Trustee's sole discretion, for the benefit, support, maintenance and education of such issue, without the intervention of a guardian. D. If said beneficiary shall die at any time during the continuance of this trust, leaving no issue then surviving, the principal and accumulated income, if any, of this said trust for this said beneficiary shall be paid over to my said Trustee in trust, for the benefit of my surviving child or children or their issue, subject, nevertheless, to the provi- sions herein above; or, if no child or children of mine or issue of any child of mine be then living, 3 then to the parties referred to in Paragraph VI of this my said Will, in accordance with the directions for distribution as set forth in that Paragraph. E. Should the shares of a beneficiary, in the opin- ion of my Trustee, be or become too small to warrant the placing or continuing such fund in trust, or should its administration be or become impractical for any other reason, my Trustee may pay such share absolutely to the person or institution maintaining the beneficiary, or may deposit such share in the beneficiary's name in a savings account of my Trust- ee's choosing, payable to the beneficiary at majori- ty. VI. If neither my said wife nor any child or children of mine or their issue shall survive me for a period of thirty (30) days, then I devise and bequeath all the rest, residue and remainder of my estate, one-half unto my heirs at law and one-half unto my said wife's heirs at law. VII. No principal or income payable or to become payable under this Will or under any Trust created by this Will shall be subject to anticipation or assignment by any beneficiary thereof or to attachment by or to the interference or control of any creditor of any such beneficiary, or be taken or reached by any legal or equitable process in satisfaction of any debt or liability of such beneficiary prior to its actual receipt by the beneficiary. 4 VIII. In the event that any beneficiary or legatee of any trust estate, by reason of illness, age, incapacity or other cause, shall, in my Trustee's opinion, be unable properly to receive and disburse the income or principal to which he may be entitled, then my said Trustee, in his sole discretion, shall pay and apply the income and principal due such benefi- ciary or legatee to his comfortable maintenance and support, without the intervention of any guardian or committee and without being required to apply to any court for leave to make such payments. The powers exercised under this provision shall rest solely in the discretion of my Trustee. IX. My Executor shall pay out of the residue of my estate as an expense of administration all estate taxes, inher- itance taxes and other death taxes of any nature which may be imposed upon or with respect to the following: A. Any devise, legacy or appointment made in this Will; B. Any real or personal property which at my death my said Wife and I may own in any form of co-owner- ship; C. Any life insurance upon my life which may be payable to my said Wife or to my said child or chil- dren. D. Any gifts which I have made or may make during my lifetime to my said Wife or to my said child or children. In the absolute discretion of my Executor, he may pay such taxes immediately, or may postpone the time of pay- 5 .t •~ f ment of taxes on future or remainder interests until posses- sion accrues to the beneficiaries. X. I give to my Trustee the following powers, in addi- tion to and not in limitation of common law and statutory powers: A. To retain any property, real or personal which Trustee may receive as Trustee, even though such property (by reason of its character, amount, propor- tion to the total trust estate or otherwise) would not be considered appropriate for a fiduciary apart from this provision. B. To sell, exchange, give options upon, partition or otherwise dispose of any property which Trustee may hold from time to time, at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and such considera- tions as Trustee shall see fit, and to transfer and convey the same free of all trust. C. To invest and reinvest the trust estate from time to time in any property, real or personal, including securities of domestic and foreign corpora- tions and investment trusts, bonds, preferred stocks, common stocks (whether fiduciary or non-fidu- ciary), mortgages, mortgage participations, even though such investment (by reason of its character, amount, proportion to the total trust estate, or otherwise) would not be considered appropriate for a fiduciary apart from this provision. D. To make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, to such persons, firms or corporations as Trustee shall think fit. E. In dividing into separate trusts or shares or in distributing same, to divide or distribute in cash, in kind or partly in cash and partly in kind, as Trustee thinks fit. For purposes of division or distribution, to value the trust estate and any part thereof, reasonably and in good faith, and such valuation shall be conclusive upon all parties. To whatever extent division or distribution is made in kind, my Trustee shall, so far as Trustee finds 6 practicable, allocate to the respective beneficia- ries approximately proportionate amounts of each kind of security or other property in the trust estate. F. To use his discretion to elect the most propi- tious settlement option with regard to any qualified employee benefit plans available to me at my death so long as such election shall be in accordance with the Plan's Administrative Committee or Administrator as the case may be. G. To borrow money without liability on the part of the lenders to see to the application thereof, and to mortgage or pledge any real or personal property. XI. I give to my Executor, in addition to and not in limitation of common law and statutory powers, all of the powers and discretions given to my said Trustee in Paragraph X hereof. All such powers and discretions may be exercised by my Trustee or by my Executor without application to any court. XII. I direct that no bond or other security be required of my said Executor or Trustee in any jurisdiction in which they or either of them may act. XIII. As Guardian of the person of any minor child or children left by my said wife and me, I hereby name and nomi- nate my wife's parents, Marie Shott and George Shott. XIV. I appoint Marie Shott and George Shott Guardians (herein referred to as "Guardian") of any property which pass- es to any minor with respect to which I am authorized to ap- 7 point a Guardian and have not otherwise specifically done so. Such Guardian shall have power to use principal as well as income from time to time for the minor's support and welfare and education, and such Guardian shall have the same broad powers and discretions as are herein given unto my said Trust- ee. Said Guardian shall not be required to post bond or other security. XV. In the event that the Trustees named in this my Will shall for any reason fail or be unable to serve as Trustees either before or during their service as Trustees, such that neither one of the designated Trustees is willing or able to serve, then I hereby nominate and appoint, as successor trust- ee, Martha Wells of Kensington, Maryland. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,:~ ~` day of ~Q,,,,,~w~ry , 1989, to this My Last Will and Testament typewritten on eleven (11) sheets of paper, including two (2) sheets of paper representing affidavits by myself and witnesses for the purpose of making my Last Will and Testament self-proving. D ~. ~~~ (SEAL) MITCHELL G. WELLS 8 ~-{- ~ J On the `-aay o f 7/Gt h u 4 /~y 19 8 9, MITCH- ELL G. WELLS declared unto us, the undersigned, that the fore- going instrument was his Last Will and Testament, and he re- quested us to act as witnesses to the same and to his signa- ture thereon for the purpose of making said Will self-proving. He thereupon signed this Will in our presence, we all being present at the same time, and we now, on the same date, at his request and in his presence and in the presence of each other, hereunto subscribe our names as witnesses. And each of us declares that he believes this Testator to be of sound mind and memory. ~~ ~rn ~~ ~~ Address Address 9 COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF CUMBERLAND I, MITCHELL G. WELLS, Testator, whose name is signed to the foregoing instrument, having been duly qualified accord- ing to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; and that I signed it willingly; and that I signed it as my free and volun- tary act for the purposes therein expressed. MITCHELL G. WELLS Sworn or affirmed to and acknowledged before me, by MITCHELL G. WELLS, the Testator, this J day of Gt n ~ r , 1989 . _--- No PubTi (SEAL) My Commissio _ Miwtr iN1 ... . ~~-4w~r/O~wnq- i~MMe ~K 1Q 1gOp 10 COMMONWEALTH OF PENNSYLVANIA: ss. j; COUNTY OF CUMBERLAND /. We , ~ e- G r Gar and ~G~ r bc~ 0-4 L> ~Y' ~r -~ Gv the witnesses whose names are signed to these (number) addi- ~~, tional sheets of paper, 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 and Testament; that he signed willingly and that he executed it as !, his free and voluntary act for the purposes therein expressed ~~!~ and for the purpose of making said Will self-proving; 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 eighteen (18) or more years of age, of sound mind, and under no constraint or undue influence. ,ter ,r ~ ire ~~rx l s ~ i~~ Sworn or affirmed to and subscribed to before me by ~--TT G /~ ~i~'n i and ~G~'l"b4Q'rr ~ ~~'`h i Go , this __~_ day of ~/G( ~ c~r4r 1989 . n , ~[~(~( f (Q7~F Notary Public (SEAL ) .. - ~<~-~ My Commission Expires: ~; • ~.~.. J AMA~1 ~11rr#rAiwe IMirMMrA, ir~Mi~ l~f- O~i~Me~ Aprit 28.1991 11