HomeMy WebLinkAbout12-29-08PETITION FOR PROBATE AND GR_=ANT OF LETTERS
REGISTER OF WILLS OF r ~ re. COLi~'TY, PE~~SYLVANI_A
Estate of ~A~ftG( ~~1~~iAN~ ~L°/~1~f
also kno~,vn as ,j~fj n11'V (~
Deceased
File Number~I - Ub - ~ ~~~~
Social Security Number 1~j ' (D(~ ' p (D
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COr~IPLETE 'A' or 'B' BEZ06V.)
A. Probate and Grant of Lette s T stamentary and aver that Petitioter(s) is /are ttie
last Will of the Decedent dated ~ named in the
and codicil(s) dated
(Stole relevmu circumslnnces, e. g., renunciation, death of executor, etc.)
Except as follows, Decedent did not many, was not divorced, and did no[ 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 Administratio
((Jappltcable, enter: c.l.a.; d. b. n. c. 1. a., pendenlelite; duranle absentia; durm:te minoritnteJ
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 gate of Will in Section A above and complete list of heirs;) ~ _
Decedent, then t~ 3 years of age, died on ~ at ~m~
Decedent at death owned property with estimated values as follows
(If domiciled in PA) ~
All nersonal property $ `~`T Q
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania m
situated as follows:
J
Form RIV-0? reg. 10.13.06 Page 1 of 2
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. _ ~ '~ ~~
'ter
~ { _..,.
Decedent was domiciled at death in r i ~ , ~' :;
rte- /t e County, F ennsylvania with his /her last pr rncipiti~ residence at~_~ _ _
(Lis! sU eet address', town/city, township, cowity, state, zip code)
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant ofLetters in the appropriate form to
the undersigned:
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNT" OF CvrYJ 7CK (,¢,-~
'Tire Petitioner(s) above-named swear(s) or affirni(s) that tl:e statements in the foregoing Petition are twe and coned 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 and subscribed
~~
before me the ~q day of
~ ~ - W1
For the Register
hJ
Signntt,re of Persona! Representativ `" -r-; C") -- '' i
.f'= C
-~
Signature of Personal Representative lr> '~
_. ,
J ' _ ~ ~- ~ ._.r
_ .. ~,,
Signature ofPersonnl Representative -, '•--
_„ _..y _.
4 ~~
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File Number: 21 - C7'eS - ~ ~~{ ~
Estate of _~.S~c~.. ~ ~~~L y~~ ~,~~~ ,Deceased
Social Security Number. ~LpS-- bolo Flo `-~ 1 Date of Death: ,t' 1y - (~~
AND NOW a„~ _, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters TP.~T~Ia~ty~o y
are hereby granted to ~~~uaX-d ~ • ~ ~ - r
in the above estate
and that the instrument(s) dated ~ - (- C7`1
described in the Petition be admitted to probate and filed of
FEES
Letters ............... $ - ,
Short Certificate(s) ........ $ L~ -(~
Renunciations) .......... $
~~~ LA •P ... $ l0 ~ c~
... $
.. $
... $
... $
... $
... $
TOTAL .............. $ ~Q • l~
as the last
Codicil(s)) of Decedent.
Register of Wills
Attorney Signature:
Attorney Name:
Supreme Court LD. No.:
Address:
Telephone:
rt„,,, Rw-o? rev. ru.r3.or Page 2 of 2
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LAST WILL AND TESTAMENT
OF
DANIEL W. JENKS
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Dated: September 1, 2007 -
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Prepared by:
Adam M. Hill, Esq.
LSA Anaconda
APO AE 09391
- - _ , .
MILITARY TESTAMENTARY PREAMBLE: This is a MILITARY TESTAMENTARY
INSTRUMENT prepared pursuant to Title 10 United States Code, S~.ction 1044d, and executed
by a person authorized to receive legal assistance from the military services. Federal law
exempts this document from any requirement of form, formality, or recording that is prescribed
for testamentary instruments under the laws of a state, the District of Columbia, or a territory,
commonwealth or possession of the United States. Federal law specifies that this document shall
be given the same legal effect as a testamentary instrument prepared and executed in accordance
with the laws of the jurisdiction in which it is presented for probate. It shall remain valid unless
and until the Testator revokes it.
LAST WILL AND TESTAMENT
OF
DANIEL W. JENKS
I, Daniel W. Jenks, a resident of the Commonwealth of Pennsylvania, make,
publish and declare this to be my Last Will and Testament, revoking all wills and codicils at any
time heretofore made by me. I am in the military service of the United States, currently stationed
at LSA Anaconda, Ba1ad, Iraq.
FIRST: I direct that the expenses of my last illness and funeral, the expenses of
the administration of my estate, and all estate, inheritance and similar taxes payable with respect
to property included in my estate, whether or not passing under this will, and any interest or
penalties thereon, shall be paid out of my residuary estate, without apportionment and with no
right of reimbursement from any recipient of any such property.
SECOND: I give to my wife Raven Jenks, if she survives me, the smallest
portion of my estate, if any, required to be given to my wife under applicable law, after taking
into account the aggregate value of any other property passing to her under this will or otherwise.
It is my desire and intent that my wife be disinherited by me to the fullest extent permitted by
law. All provisions of this will, including without limitation any provisions which may refer to
persons taking by intestacy, shall be construed to effectuate such disinheritance of my wife. I
authorize my Executor io give to my wife such cash or property, outright or in trust, as my
Executor may deem appropriate for the purpose of minimizing the effect of any right of electic;n
or similar statutory right to any portion of my estate which may have under the laws of any
jurisdiction.
THIRD: I give all the rest, residue and remainder of my property and estate, both
real and personal, of whatever kind and wherever located, that I own or to which I shall be in any
manner entitled at the time of my death (collectively referred to as my "residuary estate"), as
follows:
(a) If Richard A. Jenks and Kim M. Jenks or either of them shall survive me, to
those of Richard A. Jenks and Kim M. Jenks who survive me, in equal shares.
(b) If none of the beneficiaries under clause (a) above shall survive me, I give my
residuary estate to those who would take from me as if I were then to die without
a will, unmarried and the absolute owner of my residuary estate, and a resident of
the Commonwealth of Pennsylvania.
FOURTH: If any property of my estate vests in absolute ownership in a minor or
incompetent, my Executor, at any time and without court authorization, may: distribute the
whole or any part of such property to the beneficiary; or use the whole or any part for the health,
education, maintenance and support of the beneficiary; or distribute the whole or any part to a
guardian, committee or other legal representative of the beneficiary, or to a custodian for the
beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with
whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed
by the person to whom the distribution is made shall be a full discharge of my Executor from any
liability with respect thereto, even though my Executor may be such person. If such beneficiary
is a minor, my Executor may defer the distribution of the whole or any part of such property until
the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund
for the beneficiary with all of the powers described in Article SIXTH hereof. If the beneficiary
dies before attaining said age, any balance shall be paid and distributed to the estate of the
beneficiary.
FIFTH: I appoint Richard A. Jenks to be my Executor. I direct that no Executor
shall be required to file or furnish any bond, surety or other security in any jurisdiction.
SIXTH: I grant to my Executor all powers conferred on executors under the
Pennsylvania Probate, Estates and Fiduciaries Code, as amended, or any successor thereto, and
all powers conferred upon executors wherever my Executor may act. I also grant to my Executor
power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and
otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money
and encumber or pledge any property to secure loans; to exercise all powers of an absolute owner
of property; to compromise and release claims with or without consideration; and to employ
attorneys, accountants and other persons for services or advice. The term "Executor" wherever
used herein shall mean the executors, executor, executrix or administrator in office from time to
time.
SEVENTH: I direct that for purposes of this will a beneficiary shall be deemed
to predecease me unless such beneficiary survives me by more than thirty days.
EIGHTH: I have served in the Armed Forces of the United States. I therefore
request that my Executor make appropriate inquiries to ascertain whether there are any benefits
to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I
specifically request that my Executor consult with a retired affairs officer at the nearest military
installation, the Department of Veterans Affairs, and the Social Security Administration.
2
~ ~ I
IN WITNESS WHEREOF, I, Daniel W. Jenks, sign my name and publish and
declare this instrument as my last will and testament this 1st day of September, 2007.
Dani .Jenks
The foregoing instrument was signed, published and declared by Daniel W. Jenks,
the above-named Testator, to be his last will and testament in our presence, all being present at
the same time, and we, at his request and in his presence and in the presence of each other, have
subscribed our names as witnesses on the date above written.
~GSS~ ,{f,~S~otn~~
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.~G,%~«f~/, nom,-~~}~_
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having an address at
having an address at
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MILITARY TESTAMENTARY INSTRUMENT SELF-PROVING AFFIDAVIT
WITH THE UNITED STATES ARMED FORCES
AT LSA ANACONDA, BALAD, IRAQ
We, the Testator and the witnesses, whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
in the presence of the military legal counsel and the witnesses the Testator, Daniel W. Jenks,
signed and executed the instrument as his military testamentary instrument, that he had signed
willingly, and that he executed it as his free and voluntary act and deed for the purposes therein
expressed. It is further declared that each of the witnesses, at the request of the Testator, in the
presence and hearing of the Testator, the military legal assistance counsel and each other, signed
the military testamentary instrument as witness, and that to the best of his or her knowledge the
Testator was at the time at least eighteen years of age or emancipated, of sound mind, and under
no constraint, duress, fraud or undue influence.
D 'el W. Jenks
Testator
Witness
print: ~'~ ,~ ~. ~ ~'~ ~, ° ~--
Witness
Subscribed, sworn to and acknowledged before me by the said Daniel W. Jenks,
Testator, and subscribed and sworn to before me by the above-named witnesses, this 1st day of
September, 2007.
I, the undersigned officer, do hereby certify that I am, on the date of this
certificate, a person with the power described in Title 10 U.S.C. 1044a of the grade, branch of
service, and organization stated below in the active service of the United States Armed Forces, or
an authorized civilian attorney under Title 10 U.S.C. 1044a, and that by statute no seal is
required on this certificate, under authority granted to Title 10 U.S.C. 10
Name of Officer and Position: Adam Hill ~ e ~~°t~ ~~~
Grade and Branch of Service: CPT, USAR, OSJA o~°-~ ~ ~°~~
Command or Organization: 316th Expeditionary Sustainment Command a. ~ ~ ~ ~a~=tl~j °~ ~,;`, ~, o
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