HomeMy WebLinkAbout04-24-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Bye y L Kinney File Number ~I - y ' -w `
also known as
Bye by L Kinney ,Deceased Social Security Number 1 `~0-22-9776
Scott W Kinnev
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE '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 4/15/2003 and codicil(s) dated
(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 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 life; 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 any) and heirs:(If
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.)
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. J ~ Z _ ..:' ~
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Decedent was domiciled at death in Cumberland County, Pennsylvania, with his /her last primal residence ' ~~`
11 ~ Vnrkshira r)riva Mprhani~churn PA 17nri5 I nwar Allen Tnwnchin W ''~' "~')
(List street address, town city, township, county, state, zip code)
Decedent, then 130 years of age, died on 4/20/2009 at Select S ecial HoSDltal
503 North 21st Street Camn Hill PA 17011
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 5u.uuu.uu
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $ 161.506.00
115 Yorkshire Drive, Lower Allen Township, Cumberland County, PA
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 name and residence
~ i'~ ~
~~ Scott W Kinney
II r t W Ro bu MA 02132
Page 1 of 2
Form RW-02 rev. 10.13.06
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
The Petitioner(s) above-named swear(s) or affum(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 and subscribed ~ ~.r--~ 7'V. !~
Signature of Personal Representative $COtt
before me the ~ day of
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Bnril ~ 2009 Signature of Personal Representative ~ ~ ,,p"O ?`r
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For the Register Signature of Personal Representative ~~ ` v~ ~ `: ``~'
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File Number: ~ ~ - d 9 - 03 R 9 ~,
Estate of BAY L Kinney Deceased
Social Security Nurnber:190-22-9776 Date of Death: 4/ /2 0
AND NOW, Argil oS `t , 2009 , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to SCOtt W Kinney
in the above estate
and that the instrument(s) dated 8r?ril 15.2003
described in the Petition be admitted to probate and filed of record as the last Wi}1(and Codici},(s)) of Decedent.
FEES
Letters .......................... $ 310.00
Short Certificate(s) ~•~~••~~ $ 20.OQ
Renunciation(s) •••••••••••••••• $
Will .... $ 15.00
Automation Fee .,•• $ 5.00
JCP Fee .... $ 10.00
.... $
.... $
.... $
.... $
TOTAL .........................
.... $
.... $
.... $ 360.00
Register of Wills (~ ` ]11I
Attorney Signature: V r
Attomey Name: Jan rown
Supreme Court I.D. No.: 67993
Address: 845 Sir Thomas Court Suite 12
Harrisburg
PA 17109
Telephone: 717-541-5550
Form RW-02 rev. 10.13.06 Page 2 of 2
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LAST WILL AND TESTAMENT
OF
BETTY L. KINNEY
I, BETTY L. KINNEY, of Cumberland County, Pennsylvania, declare this to be my Last
Will and Testament. I revoke all other Wills and Codicils that I may have previously made.
Article I
My just debts and expenses of my last illness, funeral, and administration of my estate shall
be paid by my Executor from the principal of my residuary estate as soon as practicable after my
death.
Article II
All inheritance, estate, and succession taxes (including interest and penalties thereon, but not
including any generation skipping tax) payable by reason of my death shall be paid out of and be
charged generally against the principal of my residuary estate without reimbursement from any
person. This provision is not a waiver of any right which my Executor has to claim reimbursement
for any such taxes which become payable as the result of any property over which I have the power
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Article III
I give, devise and bequeath in accordance with any memorandum which I have either
handwritten or signed, located with my Will or with my valuable papers and found within 30 days of
the probate of my Will. Gifts may only be to persons who survive me or to organizations which
exist at my death, and if there is a conflict, the memorandum having the latest date shall govern.
Article IV
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, I give, devise and bequeath to my son, SCOTT W. KINNEY, of West Roxbury,
Massachusetts.
If my son predeceases me or fails to survive me by thirty (30) days, I give, devise and
bequeath his share to his issue who survive me, per stirpes, or if he has no issue, the share(s) are to
be added equally to the other shares.
Article V
If a beneficiary under this Will has not attained the age oftwenty-three (23) years, the share
of the beneficiary shall be placed in a separate bust, for the benefit of that beneficiary according to
the terms in Article VI.
Article VI
In the event that a Trust is created by or as a result of any part of this Will, the terms and
conditions of the Trust shall be as follows:
A. To expend and apply so much of the net income and so much of the principal of the
Trust as the Trustee shall consider advisable for the support, health, care and education (including
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college, trade school, or other similar training or education) of the child until the child attains the age
of twenty-three (23) years.
B. Upon attaining the age oftwenty-three (23), the remaining principal and accumulated
income of the child's share shall be distributed outright to the child.
C. No beneficiary or remainderman of this Trust shall have any right to alienate,
encumber, or hypothecate his or her interest in the principal or income of the Trust in any manner,
nor shall any interest be subj ect to claims of his or her creditors or liable to attachment, execution, or
other processes of law.
Article VII
I hereby appoint WAYPOINT TRUST AND INVESTMENTS GROUP, or its
successor(s), of 235 North Second Street, P.O. Box 1711, Harrisburg, Pennsylvania 17105 (717-
909-6197), as Trustee of any Trust(s) created in this Will.
Article VIII
In order to carry out the purposes of the Trust established by this Will, the Trustee, in
addition to all other powers granted by this Will or by law, shall have the following powers over the
Trust estate, subject to any limitations specified elsewhere in this Will:
(a) to retain in the form received and/or to sell either at public or private sale, any real
estate or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
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(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any beneficiary,
(f) to file fiduciary/income tax returns and pay the tax due for any year for which such a
return is required,
(g) to make distributions in cash or in kind, or in both, and to determine the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executor; and to pay from my estate reasonable compensation for all their services,
(i) to conduct along with or with others, any business in which I am engaged in or have
an interest in at the time of my death, and
(j) to receive reasonable compensation in accordance with their standard schedule of fees
in effect while their services are performed.
Article IX
I nominate, constitute, and appoint my son, SCOTT W. HINNEY, Executor ofmy Last Will
and Testament. In the event of the renunciation, death, or inability to act, for any reason whatsoever
of my Executor, I nominate, constitute and appoint my daughter-in-law, SUSAN A. KINNEY,
successor Executrix of my Last Will and Testament. I direct that my Executor or successor
Executrix be permitted to serve without bond and in addition to those powers granted by law, I grant
them power to distribute in cash or in kind in like or in unlike shares and to file any qualified
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disclaimer I could have filed if living. My Executor and successor Executrix shall receive reasonable
compensation for services rendered to my estate.
Article X
In addition to the powers conferred by law, I authorize my Executor and successor Executrix,
in his/her absolute discretion:
(a) to retain in the form received and to sell either at public or private sale, any real estate
or personal property except that which I specifically bequeath herein,
(b) to manage real estate,
(c) to invest and reinvest in all forms of property without being confined to legal
investments, and without regard to the principal of diversification,
(d) to exercise any option or right arising from the ownership of investments,
(e) to compromise claims without court approval and without consent of any beneficiary,
(f) to file any federal income tax return for any year for which I have not filed such
return prior to my death,
(g) to make distributions in cash or in kind, or in both, and to determine the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executor; and to pay from my estate reasonable compensation for all their services,
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(i) to conduct alone or with others, any business in which I am engaged in, or have an
interest in at time of my death, and
(j) to receive reasonable compensation in accordance with their standard schedule of fees
in effect while their services are performed.
IN WITNESS WHEREOF, I, BETTY L. KINNEY, hereby set my hand to this my Last Will
and Testament, on ~~;~.~ i.~. ~ e ~ 3 , 2003, at Harrisburg, Pennsylvania.
BET L. KINNEY
In our presence, the above-named BETTY L. KINNEY signed this and declared this to be
her Last Will and Testament, and now at her request, in her presence, and in the presence of each
other, we sign as witnesses.
Name
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I, BETTY L. KINNEY, Testatrix, who signed the foregoing instrument, having been duly
qualified according to law, acknowledge that I signed and executed this instrument as my Will, and
that I signed it willingly as my free and voluntary act for the purposes therein expressed.
Sworn to or affirmed and
acknowledged before me by
BETTY L. KINNEY, the Testatrix,
on ~ - /_S _2003.
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Public BET `L. KINN Y
NOTARIAL SEAL
JESSICA A. NOUAND, NOTARY PUBLIC
(~ pf IIAIplIS~IRG, pAUPHIN COUNTY
MY MISS N EXPIRES MARCH 4 2006
We, the undersigned witnesses who signed the foregoing instrument, being duly qualified
according to law, depose and say that we were present and saw the Testatrix sign and execute this
instrument as her Will; that she signed and executed it willingly as her free and voluntary act for the
purposes therein expressed; that each of us in her sight and hearing signed the Will as witnesses, and
that to the best of our knowledge, that she was at that time eighteen (18) years or more of age, of
sound mind, and under no constraint or undue influence.
Sworn to or affumed and
subscribed to before me
by i~1~ ~~~o,Y 4~ `~.~y~nS~~~c~.s~.J
and s i 'e u/- /~scfi Witness
witnesses, on , 2003.
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I/ - n n i ~ ~ i Witness
NOTARIAL SEAI
JESSICA A. HOLLAND, NOTARY PUBLlC
` CITY OF HARRISBURG, DAUPHIN COUNTY
MY COMMISSION EXPIRES MARCH 4 2006
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