HomeMy WebLinkAbout01-14-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Shirley J. Wilbur ~/, )9. ~~(~~
File Number
also known as Joanne Wilbur
Deceased Social Security Number 208-28-7193
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' OR 'B' BELOW.)
^X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the EX2CUtOf named in the
last Will of the Decedent dated 9/29/2004 and codicil(s) dated N/A
(State relevant circumstances, e.g., renunciation, death ofexeeutor, 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
f'or probate, was not the victim of a killing and was never adjudicated an incapacitated person: N/A
n o
0
B. Grant of Letters of Administration C ~ ;° ~ ; ~'-'
(ljapplicable, enter c. t. a.; d. b. n.at.a.; pendente liter durante
Z rrt - -.-.~. ,,,
Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the fol ,~ ~t~ouse 14Pany) and hems: (If
Administration, c. t. a. or d. b. n.c ta.. enter dnro of Will ;., cow.;~., e ,.~.;,,.,, ,..,a ____i_._ r: _. _r._:__ ~ ~--, __
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last principal residence at
404 W. Keller Street Mechanicsbur PA 17055
(List street address, town/city, township, county, state, rip code)
Decedent, then 70 years of age, died on 12/23/2008 at 404 W. Keller Street Mechanicsburg PA 17055
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 150 000 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 $ 0 00
N/A
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) [he probate of the last Will and Codicil(s) presented with [his Petition and the grant of Letters in [he appropriate form [o
the undersigned:
Signature T}ped or printed name and residence
~-~ , G / ,t' Jeffrey A. Wilbur
t/ ~ 132 Glendate Drive Mechanicsbur PA 17050
Form RW-02 rev. 10.13A6 PdgC 1 Of 2
(COMPLETE /NAGL CASES:) Attach additionai sheets if necessary.
Oath of Personal Representative ~~._;~; ' ~, ~: ai ~ ,_,-
COMMONWEALTH OF PENNSYLVANIA ~ ~ ~ ~ ~ ~~ .~~",_..~~
ss 20Q4 JAFd I b PM I ~ 01
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition a It R~~correct to the best of
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent ,.Pl~tgtpo~ie~~(~5~v(ii~Land ttuly
administer the estate according to law.
Sworn to or affirme,,d///~~'a'n/~d subscribed i~~% ((, G~
~ Signature f ersonal Representative
b~re me the day of
Signature afPersanal Representat7ve
ReglSter Signature of Personal Representative
File Number: ~'
Estate of Shirley J. Wilbur ,Deceased
Social Securit Number: 208-28-7193
AND NOW, , ~~9---- i~~njj
having been presented befo1re IT I EC~tEED that Letters ~G~
are hereby granted to ~[.'~~ I+~~1~.l,(~
and that the instrument(s) dated ~ys 4-~
described in the Petition be admitted to probate and filed
Date of Death: 12/23/2008
of the foregoing Petition, satisfactory proof
as the last W~II (and Cod}gj1(s)) of
FEES
Letters ........................... .. $ (.4~0'
Short Certificate(s) .......... .. $ ~--
Renunciation(s))~ ~~~~ ........ .. $
$ ~n;
$
TOTAL ...........................
.. $ !
_ac~
Attorney Signature:
in the above estate
Attorney Name: Richard P Mislitskv Esquire
Supreme Court I.D. No.: 28123
Address: 1 W. Hiah St Suite 208
Carlisle. PA 17013
Telephone: 717-241-6363
Form RW-02 rev. !0.!3.06 Pa~?0 2 Of 2
~ - yy
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
[~ec for this certif7catc b6.0U
{~ ~.~'~~ /~~~r
Certification Numher
This is to rerlil~l Ihat the information here given is
correcthr copied from an original Cerlificale of Dealh
duly filed with mr as Local Registrar. The original
certificate will be li,rwurded u> the State Vifal
Records Office li>r permanent filing.
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CERTIFICATE OF DEATH
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BEFORE THE REGISTER OF WILLS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF SHIRLEY J. WILBUR,
DECEASED
NO 21-09-0044
DECREE OF THE REGISTER OF WILLS
AND NOW, this 14th day of January, 2009, upon review of the original Will of Shirley J.
Wilbur a/k/a Joanne Wilbur, submitted for probate on January 14, 2009, which original Will contained
interlineations, the Register of Wills finds the following with regard to the Estate of Shirley J. Wilbur
a/k/a Joanne Wilbur and renders the following decision:
IT IS DECREED the handwritten words appearing at the bottom of the second page of the
document are admitted to probate as they are signed by the testator.
IT IS ALSO DECREED that the document that begins with "Addition to My Last Will" shall
be considered a separate document, as evidenced by the date, and bears no signatures of witnesses and
therefore is not admitted to probate.
IT IS FURTHER DECREED that Letters Testamentary shall be issued to Jeffrey W. Wilbur.
Jeffrey A. Wilbur 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.
cn
o ¢ i
~ ~ ~~_ ~ ~. - Glenda Farner Strasbaugh, Regist~ • f Wills
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20C+9 J~~Pd 14 PM I ~ 01
LAST WILL AND TESTAMENT
Ct ~f '-. ,~~ ' . ~A
S. JOANNE WILBUR
1, S. JOANNE WILBUR, of the Borough of Mechanicsburg, Cumberland County,
Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby
revoking all Wills and codicils by me at any time made.
ITEM l . I direct my Executor to pay the expenses of my last illness and funeral
expenses from the property passing under this Will as an expense and cost of administration of
my estate. I also direct that all expenses becoming due by reason of my death, other than
inheritance and estate taxes, shall be paid by my Executor out of my residuary estate as an
expense and cost of administration of my estate.
ITEM 2. I give and bequeath unto my son, STEVEN B. WILBUR, of
Mechanicsburg, Pennsylvania, my race car and parts and my 2003 Ford Escape, if he survives
me. In the event that my son, STEVEN B. WILBUR, predeceases me, then I make said gift and
bequest to his ciiiidren, if any, in equal shares, yr i fnciie, to my son, ,;EnpcR y n ~a,,lr BrJg „f
Mechanicsburg, Pennsylvania.
ITEM 3. [direct that my funeral expenses be paid from my Members ls' Federal
Credit union savings account, and I give and bequeath the balance of said savings account to my
son, STEVEN B. WILBUR, if he survives me. In the event that my son, STEVEN B. WILBUR,
i~
predeceases me, then I make said gift and bequest to his children, if any, in equal shares, or if
none, to my son, JEFFERY A. WILBUR.
ITEM 4. I give and bequeath my PNC Bank savings account to my son,
JEFFERY A. WILBUR, if he survives me. In the event that my son, JEFFERY A. WILBUR,
predeceases me, then I make said gift and bequest to his children, if any, in equal shares, or if
nonc, to my sou, STEVEN B. WILBUR.
ITEM 5. I give, devise and bequeath all the rest, residue and remainder of my
estate of any kind whatsoever, real, personal and mixed, and wheresoever situate, and including
my Total Control savings account to my son, JEFFERY A. WILBUR, if he survives me. In the
event that my son, JEFFERY A. WILBUR, predeceases me, then I make said gift and bequest to
his children, if any, in equal shares, or if none, to my son, STEVEN B. WILBUR.
ITEM 6. In addition to the powers conferred by law, my Executor shall have the
following powers:
(a) To retain in his absolute discretion and for such period as to him shall
seem advisable, any and a0 assets constihiting my estate, without liability for any loss incurred
by reason of the retention of such assets.
(b) To change investments and properties, and to invest and reinvest all or
any part of the corpus of my estate, in such securities, investments, or other property as to him
seem advisable and proper, irrespective of whether the same are authorized for the investment of
estate funds by the laws of the Commonwealth of Pennsylvania.
7t % rvi.}~L3F%`Ycv ifi~ _JOJc> = ~t L, F rt /w
~ u ~ -Zosn `~' ..: v .'~t, C -~F~v<. st~J, .. %~' -2 L/ ~'~'~Lr~ ~ (~~ ~~s~- c~
h~ - ~ WJ~'lw^
(c) To sell all or part of the property which at any time may constitute a
part of my estate, at such time, upon such terms, for cash or on credit, with or without security, in
such manner and at such prices, either at public or private sale, as to him shall seem advisable
and proper, and to execute good and sufficient deeds and bills of sale therefor.
(d) To lease any property held by him and for the duration of the term,
irrespective of the provisions of any statute or of the termination of my estate; and to mortgage,
pledge, collect, convert, redeem, exchange, or otherwise dispose of any securities or other
property at any time held by him.
(e) To borrow money, whether to pay taxes, exercise subscriptions, rights,
and options, pay assessments or to accomplish any other purpose of any nature incidental to the
administration of my estate, and to pledge any securities or other property held by him as
security therefor.
(f) To enforce any bonds, mortgage, or other obligations or liens held
hereunder; to enter upon such contracts and agreements and to make such compromises or
settlements of debts, claims, or controversies as he may deem necessary or advisable; to submit
to arbitration any matter or difference; to vote personally or by proxy any shares of stock which
may at any time be held by him hereunder.
(g) To consent to the reorganization, consolidation, merger, liquidation,
readjustment of or other change in any corporation, company or association, or to the sale or
~,/ i~
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-3-
]ease of the property thereof or any part thereof, any of the securities or other property of which
may at the time be held by him thereunder, and to do any act or exercise any power with
reference thereto that may be legally exercised by any person owning similar property in his own
right, including the exercise of conversion, subscription, purchase or other options, the depositor
exchange of securities, the entrance into voting trusts, and the making of agreements or
subscriptions which he may deem necessary or advisable in connection therewith, all without
applying to any court for permission to do so, and to hold, redeem, sel] or otherwise dispose of
any securities or other property which he may so acquire, irrespective of whether the same be
authorized for the investment of estate funds by the laws of the Commonwealth of Pennsylvania.
(h) To cause to be registered in his name as Executor hereunder, or in the
name of his nominees without qualification or description, any securities at any time held in my
estate.
(i) To determine the manner in which the expenses incidental to or
connected with the administration of my estate hereby established shall be apportioned as
between income and principal.
Q) To carry out agreements made by me during my lifetime, including the
consummation of any agreements relating to the capital stock of corporations owned by me at the
time of my death, and including the continuation of any partnership of which I may be a member
at the time of my death whenever the terms of the partnership agreement obligate my estate or
personal representative to continue my interest therein, and to enter into agreements for the
-4-
rearrangement or alteration of my interests or rights or obligations under any such agreements in
effect at the time of my death.
(k) To apportion extraordinary and stock dividends received by him
between income and principal in such manner as he may see fit; provided, however, that all
rights to subscribe to new or additional stock or securities, and all liquidating dividends shall be
deemed to be principal.
My Executor may freely act under all or any of the powers of this Agreement
given to him in all matters concerning my estate hereby established, after forming his judgment
based upon all the circumstances of any particular situation as to the wisest and best course to
pursue, without the necessity of obtaining the consent or approval of any court, and
notwithstanding that he may also be acting as an individual, or as an agent for other persons as
an individual, or as an agent For other persons or corporations interested in the same matters, or
may be interested in connection with the same matters as stockholders, directors or otherwise.
The powers herein granted to my Executor maybe exercised in whole or in part,
from time to time, and shall be deemed to be supplementary to and not exclusive of the genera]
powers of executors pursuant to law, and shall include all powers necessary to carry the same
into effect. The enumeration of specific powers herein shall not be construed in any way to limit
or affect the general powers herein granted.
ITEM 7. I hereby nominate, constitute and appoint my son, JEFFREY A.
WILBUR, as Executor ofmy estate.
-5-
My Executor is specifically re]ieved from the duty or obligation of filing any
bond or bonds.
ITEM 8. For the convenience of my Executors, I note that this Will has been
prepared by Ronald D. Butler, Esquire and the Butler Law Firm.
[N WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last
Will and Testament, this ~!<~~ day of ~~~ (,"«s~- , 2004.
(/i ~ ~
/) ~>m/ ~d ~~<~~SEAL)
°~ S. Joanne Wilbur
WITNES~S~:1 / ~J
residing at ~ ~ ~ ~"Z-E-~ti, ~c. ~
c, i zti, dL.~T~~ l "I/t
~~ residing at ~~( y~qy~ p p~~~
~I~~~ ~~ ~ 7~~a
-~-
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN ~
We S. JOANNE WILBUR , R o.vlft~D ~ ~ , ,T(.. ~2 ,and
NRN~y a ~T£z ,the Testatrix and the witnesses respectively, whose
names are signed to the attached or foregoing instrument, being first duly sworn, do hereby
declare to the undersigned authority that the Testatrix signed and executed the instrument as her
Last Will and that she had signed willingly (or willingly directed another to sign for her) and that
she executed it as her free and voluntary act for the purpose therein expressed, and that each of
the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to
the best of their knowledge, the Testatrix was at that time eighteen years of age and older, of
sound mind and under no constraint or undue influence.
~ ~
'/ ~~9
~Ct2r~--scG ~~!~l ~cr,~-~-
~' S. ,Toanne Wilbur
Witness
Witness
Subscribed, sworn to and acknowledged before me by S. JOANNE WILBUR, the
Testatrix, and subscribed and sworn to before me by _ _ 1~pN R ~~ ~ ~ R vT(_£!k;
and _ ~AtiCy ~, STZ ~-r-E ~ ,the witnesses, this a~ day of
SEP-r~m6E~ , 2004.
otary Public
~ ~~J
My Commission Expires:
CCfbsiNnRW~.'twLl~'r8 flF PEfdiVSYLNANlA
CHERYL t, F[RCst1uC,f~EAL~ry Pudic
City of (-iaorfsburg, Clauphin Couo4y
-7- F~Cy Omission Exc6r~s April 6. 2008
Addition to My Last Will:
Item: 2: THIS APPLIES TO ALL OF STEVE'S SHARE OF MY W1I,L"
If Steve predeceases me, then I want Gloria to still get the Ford Escape and $10,000.00 in money
from the investments and savings.
I also want Tyler Robert Wilbur to get $5,000.00 in money, to be given to his Father, Rob, to
determine how he wants to give it to Ty.
The balance can go to Jeff.
y /~ ~ /6~ y
Date / S. oanne Wilbur