HomeMy WebLinkAbout03-13-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OFC.U~hOr'~~~ COUNTY, PENNSYLVANIA
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Estate of File Number ai -1~9- oat
also known as ]
Deceased Social Security Number ~ ~ ~ -~~O ---~
Petitioner(s), who is/are 14 years of age or older, apply(ies) for:
(COMPLETE A' or 'B' BELOW:)
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A. Probate and Grant of Le ters Testart} tary and aver that Petitioner(s) is /are the ~n~ named in the
last Will of the Decedent dated I and codicil(s) dated
(State relevant circumstances, e.g., renunciation, death of executor, etc.J
Except as follows, Decedent did not mart y, 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
(lfapplicable, enter: c. t. a.; d. b. n. c. t. n.; pendente life; durante absentia; durnnte mii~r fate) ~~
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Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived b the followin s ouse`tlt a{'~ ~ (f ~`
Y $ p (` )and he ~ ! ~- i
Admiitistratioit, c. t. a. ord. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.) ;_ C7 ~ ~ -
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Name , , t i 1
Relationshi Residence ,:.:. a~ ~--~
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(COMPLETE IN ALL CASES:) AttacG additional sheets if necessary. ""`~
Decedent was domiciled at death i
County, Pennsylvania with his /~er lit principal residence at i~~> Q ~_
(Lis[ street adds e+s lawn/crt townslu coup ~ e d
Y. p, h, state, zip code)
Decedent, then ~~ years of age, died on at ~~j~ .~
Decedent at death owned property with estimated values as follows
(If domiciled in PA) Al] personal property $ ~~')~__
(If not domiciled in PA) Personal property in Pennsylvania $-~_`~
(If not domiciled in PA) Personal property in County $
Value of real estate in Pem~sylvania $
situated as follows:
Form RVV-0? rev. 10.13.06 PabE I Of 2
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:
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F.IFILES\DATAFILE\WILLS\8620-H. WIL
LAST WILL AND TESTAMENT
I, HARRY WHISTLER, JR., of South Middleton Township, Cumberland County,
Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and
declare this to be my Last Will and Testament, hereby revoking any and all former Wills or
Codicils by me made.
1.
I direct that all my just debts, funeral expenses, testamentary expenses and all inheritance
taxes (whether such taxes maybe payable by my estate or by any recipient of any property) shall
be paid from my residuary estate as soon as practicable after my decease and as part of the
administration of my estate. My Executor shall have no duty or obligation to obtain
reimbursement for any such tax so paid, even though on proceeds of insurance or other property
not passing under this Will.
2.
If my spouse shall survive me by thirty (30) days, then I give, devise and bequeath all of
my estate, both real and personal property, unto my wife, BETTY J. WHISTLER, absolutely.
3.
In the event my said wife, BETTY J. WHISTLER, shall predecease or fail to survive me
by more than thirty (30) days, then I give, devise and bequeath all of my estate, both real and
personal property, in equal shares, unto my children, RICHARD J. WHISTLER, DONNA E.
HERSHEY, SHARON S. KELLY and CATHY A. ROCKEY, absolutely.
4.
In the event any of my said children shall predecease or fail to survive my wife and me
by more than thirty (30) days but shall leave issue surviving, then such deceased child's share
shall be held by the surviving parent of the issue of my deceased child, in trust, and the net
income therefrom shall be used for the support, maintenance and education of the issue of such
deceased~i~d '1,he Trust~~shall use as much of the principal as he or she shall deem desirable
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for said purposes. The Trustee shall distribute absolutely the principal of such share of such
deceased child to the issue of such deceased child per stirpes as each shall attain the age of
twenty-one (21) years. In the event that any of my children shall fail to survive my wife and me
and not leave issue surviving, then such deceased child's share shall be added to the shares of my
other children as if originally a part thereof.
5.
I nominate, constitute and appoint my said wife, BETTY J. WHISTLER, as Executrix
of my estate. In the event she shall be unable or unwilling to serve in such capacity, then I
appoint my said children, RICHARD J. WHISTLER, DONNA E. HERSHEY, SHARON S.
KELLY and CATHY A. ROCKEY, to act in such capacity.
6.
I direct that neither my personal representative(s) nor Trustee(s) shall be required to file
a bond to secure the faithful performance of their duties in any jurisdiction.
7.
I authorize and empower my personal representative(s) and Trustee(s), in their sole and
absolute discretion, to purchase or otherwise acquire and retain any investments of which I die
seized or any real or personal property of any nature; to sell, lease, pledge, mortgage, transfer,
exchange, dispose of or grant options in regard to any or all property of any kind forming a part
of my estate for such terms and such prices as they may deem advisable; to borrow money for
any purposes connected with the protection and preservation of my estate; to mortgage or pledge
any real or personal property forming a part of my estate or to join in or secure the partition of
same; to compromise any claims or demands of my estate against others or of others against my
estate; to make distribution in kind and to cause any share to be composed of cash, property or
undivided fractional shares in property different in kind from any other share; to employ agents,
attorneys and proxies and to delegate to them such power as my personal representative(s) and
Trustee(s) consider desirable and to pay reasonable compensation for such services as may be
rendered by such agents, attorneys and proxies; and to execute and deliver such instruments as
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Page 2 of 4 Pages
may be necessary to carry out any of these powers.
IN WITNESS WHEREOF I have hereunto set my hand and seal this ~ sf" day of
C~~ , 1996.
•(SEAL)
Harry Whi ler, Jr.
SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as
and for his Last Will and Testament, in the presence of us, who at his request, have hereunto
subscribed our names as witnesses thereto, in the presence of the said Testator and of each other.
~~
Page 3 of 4 Pages
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND 1
I, Harry Whistler, Jr., 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; that I signed it willingly; and that I signed it as my free and voluntary
act for the purposes therein expressed.
Harry Whist r, Jr.
Sworn or affirmed to and acknowledged before me by Harry Whistler, Jr., the Testator, this
-~~~' day of ~'j' , 1996.
I
Notary Public
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF' CUMBERLAND
Notarial Seal
Corrine L. Myers, Notary Public
Carlisle Boro, Cumberland County
: SS. My Commission Expires May 27, 1999
We, {-l, C.c.s, ~. (~(~ ~ ~C G.r~ CIntGL ~(~-~ G c. ~ CTS
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 Harry Whistler, Jr., the Testator,
sign and execute the instrument as his Last Will; that the Testator signed willingly and that the
Testator executed it as his free and voluntary act for the purposes 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.
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Sworn or affirmed to and subscribed before me this ~5~ day of 1996.
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Notary Public y Y
Notarial Seal
Corrine L. Myers, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires May 27, 1999
Page 4 of 4 Pages