HomeMy WebLinkAbout06-11-09PETITION FOR PRORATE ~,~ ~D GRANT OF LETTERS
REGISTER OF ~VILLS OF ~- "~w`~ COU~iTY, PE~,`~iSYLti'~NIA
Estate of
also known as ~~~~- `^ ~ y W "~
.Deceased
File Number~J ` - ~~
~~
Social Security Number ~~ 1 ~ ~ ~\1
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(C0;1'IPLETE 'A' or 'B' BEL06Y:)
!~°~ '''. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the
last Will of the Decedent dated and codicil(s) dated
(State relevar-t cir•cu,nslances, e.g., rencutciation, dead: 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
(ljappiicable, enter: c.t.a.; d. b. n. c.t.a.; pendente life; durance 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
Adntirttstrafiat, c. t. a, or d.b.it.c.t.a., enter dnte oJWill in Section A above and complete list of heirs.)
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All 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 Pennsylvania
$ ~ ~ ~-
situated as follows: ~ ~ ~~ ~ ~'` ~\~ C ~• ~ \~~~ L~~~~
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and tl~e grant of Letters in the appropriate form to
the undersigned:
Signature Ty ed or printed name and residence
~ 3 S . ~.~~, ~ ~~
~.\~~o~ ~ ~ ~ 1~~1~
named in the
Fa~nc R6V-0? re.-. 10.13.06 Page 1 of 2
(COrY1PLETE INALL CASES:) Attach additional sheets if IIQC2SSltry. J~ ~ ~~;,.,.? t^j
--t:.,k
Decedent w dom' fled deaf i 1 ~ ~ v~ ~ ' Co nty, e nsylvan• ith his / h~r.~ast principi ' ence at_~ ~,~~ .
--~-- . ~,
(List sb•eel addre.~•s, town/city, township, counh,, state, zip code) ~,,
~S'~ 5~ 1~^J~ at Yl~a~~~~r~ CGS ~~ s~c. S
Decedent, then years of age, died on
Oath of Personal Representative
COVIV10iv'~VEALTH OF PENNSYLVANLA
SS
COUNTY OF
'The Petitioner(s) above-named swear(s) or affirni(s) that the statements in the foregoing Petition are true and con•ect 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 ~_ day of
~'~~ 2~
For the Register
Signattu•e of Persona! Representative
Signature oJPersona/ Representative
Signature oJPersona! Representative
~' I-~9- ~~5~-ICS ~~ o
File Number:r
.i"
Estate of ~'~.1~Y'1 ~• '~:X~~ rS ,Deceased
Social Security Number:~(`~ ~- ~~~~~~ Date of Death:~~ _ ~~'
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AND NOW, ~ ~~. ~~ , 2.~ , in consideration of the foregoing Petition, satisfactory proof
having been presented be re me, IT IS D CREED that Letters ~T~ Me
are hereby granted to rS
in the above estate
and that the instrument(s) dated ~ ~ ~ ~ n - ~~
described in the Petition be admitted to probate and filed of
FEES
Letters ............... $ 13eJ -C~~
Short Certificate(s) ........ $ ~ ~ ~-~`-~
on(s) ..........
Renunciati $
r
~ l.Jl_.. . .. ~ ( ~~'yy '~~
Q
$ 1 ~ r l.Jl_J
~C.~' ... $ i0 ~ c~c.~
... $
... $
... $
... $
... $
... $
TOTAL .............. $ I ~~,L)~
last Will
icil(s)) of Decedent.
Register
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.:
Address:
Telephone:
Fvrui RW-U? rev. 1U.13.U< Page 2 of 2
LAST WILL AND TESTAMENT
of ~ .... , ~ x:~.
c... ~; ~ ~; ~.
HELEN P. SOWERS ~ t F
r . - ~-'
P. SOWERS of the Borou h of Mt. Holl S rin s, C anc ,~~~. ;~
I, HELEN g y p g _
~~ ~ .~ .r
County, Pennsylvania, revoke my prior wills and codicils and declar ' . to beery ~,,~ ~~
Will: ~ ~~'~
r-
I. Debts and Funeral Expenses: My debts and the expenses of my last
illness, funeral and burial shall be paid out of my estate.
II. Personal and Household Effects: I give all my articles of personal or
household use, including automobiles, together with all insurance relating thereto, to
ANITA E. SOWERS, if she survives me. If she does not survive me, I give all said
property to LYNN M. SCHMIDT. If she does not survive me, I give all said property to
DOROTHY J. MYERS. Any items not selected by a beneficiary above or distributed by
a memorandum are to be sold, abandoned or given to a charity or charities as
determined by my executor. The proceeds of any sale shall be added to the residuary
estate.
My executor may make whatever arrangements my executor deems
appropriate for storing and delivering articles of personal or household use to the
beneficiaries and may pay the cost thereof and any related expenses, including
insurance, from my residuary estate.
I intend to leave a memorandum setting forth suggestions as to the
distribution of certain items and I hope the suggestions in it will be carried out.
III. Residuary Estate: All of the rest, residue, and remainder of the property
that I own at the time of my death, both real and personal, and of every kind and
description, wherever situated, to which I may be legally or equitably entitled at the
time of my death (my residuary estate ), I give to ANITA E. SOWERS, if she survives
me. If ANITA E. SOWERS does not so survive me, the residue of my estate shall be
given to LYNN M. SCHMIDT. If LYNN M. SCHMIDT does not so survive me, the
residue of my estate shall be given to DOROTHY J. MYERS.
If any beneficiary has not attained the age of twenty-one (21) years, his/her share shall be
given to the guardian of the estate of such child, as custodian, to be placed in a Uniform Transfer
to Minors Account (UTMA) until each named beneficiary has attained the age of twenty-one (21)
years of age.
IV. Adopted Persons: Persons adopted during minority shall be considered
as children of their adoptive parents, and they and their descendants shall be
considered as descendants of their adoptive parents.
ADMINISTRATIVE PROVISIONS
V. Protective Provisions: No beneficiary may sell, give or otherwise transfer
his or her interest in income or principal hereunder. No person having a claim against a
beneficiary may reach any such interest before actual payment to the beneficiary.
VI. Death Taxes: All federal, state and other death taxes payable because of
my death on the property forming my gross estate for tax purposes, whether or not it
passes under this will, shall be paid out of the principal of my probate estate so that the
burden thereof falls on my residuary estate, and none of those taxes shall be charged
against any beneficiary or any outside fund. This provision shall not apply to
generation-skipping transfer taxes.
VII. Management Provisions: I authorize my executor:
A. To retain and to invest in all forms of real and personal property
(including common trust funds, mutual funds and money market deposit
accounts operated by or offered by my corporate executor or any affiliate
of it), without being required to diversify;
B. To compromise claims and to abandon any property which, in my
executor's opinion, is of little or no value;
C. To partition, subdivide or improve real estate and to enter into
agreements concerning the partition, subdivision, improvement, zoning or
management of any real estate in which my estate or any trust hereunder
has an interest and to impose or extinguish restrictions on any such real
estate;
D. To sell at public or private sale, to exchange or to lease for any period of
time, any real or personal property, and to give options for sales or leases;
E. To employ and to rely upon advice given by investment counsel, to
delegate discretionary authority to make changes in investments to
investment counsel (so long as my executor prescribes general investment
guidelines, meets regularly with investment counsel, and evaluates
periodically the overall performance of investment counsel), and to pay
investment counsel reasonable compensation in addition to any fees
otherwise payable to my executor and my trustee;
2
F. To employ a custodian, to hold property unregistered or in the name of a
nominee (including the nominee of any institution employed as
custodian), and to pay reasonable compensation to the custodian in
addition to any fees otherwise payable to my executor.
G. To borrow, and to pledge property as security for repayment of any funds
borrowed; and
H. To distribute in cash or in kind and to allocate property distributed in
kind without any obligation either to distribute such property among the
recipients proportionately or to distribute property having an equivalent
income tax basis to all recipients, so long as the total market value of any
beneficiary's share is not affected by such allocation.
These authorities shall be in addition to those granted by law and shall be
exercisable without court authorization.
VIII. In Terrorem Clause: If any beneficiary or remainderman under this Will in
any manner, directly or indirectly, contests or attacks this Will or any of its provisions,
or objects to the accounts or actions of my fiduciaries, with probable cause, such
beneficiary shall pay all costs, including but not limited to attorneys fees, arising in
connection with such contest, attack or objection incurred by estate, such trust or such
fiduciary personally. In the event that such beneficiary does not prevail in such action,
any share or interest in my estate or such trust which would otherwise pass to such
beneficiary or remainderman under this Will shall be revoked and the property
consisting of such share shall be disposed of in the manner provided herein as if that
contesting beneficiary or remainderman had predeceased me without surviving issue.
IX. Renunciation of Executor Powers: An executor hereunder may by
written instrument renounce in whole or in part any one or more powers, authorities or
discretion given by this will or by law to that executor. Such renunciation shall be
binding on successor executors if the renouncing executor so directs.
EXECUTOR
X. Executor: I appoint ANITA E. SOWERS executrix of this will. In the
event that ANITA E. SOWERS shall predecease me or be unable or unwilling to so
serve, I then appoint LYNN M. SCHMIDT executrix of this will in her place. In the
event that LYNN M. SCHMIDT shall predecease me or be unable or unwilling to so
serve, I then appoint DOROTHY J. MYERS executrix of this will in her place and I direct
that:
A. The word "my executor" shall refer to all those from time to time acting as
such;
B. No executor shall be required to give bond.
IN WITNESS WHEREOF, I, HELEN P. SOWERS, have set my hand and seal to
this, m LAST WILL AND TESTAMENT, which consists of 3 previous pages, this
day of 2008.
~oD.- . i ,.1.' ~.rcr~onit
HELEN P. SOWERS
Signed, sealed, published and declared by the within-named HELEN P.
SOWERS, as and for his/ her last will, in the presence of us, who, at his/ her request and
in his/ her presence, and in the presence of each other, have subscribed our names as
witnesses thereto.
ss
t
Witnes
4
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF BERKS
ss.
We, HELEN P. SOWERS, RICHARD A. FLORES, and ~/%2~9,B~Tfi~~/~4~?E~
f re oe ir(
the testatrix and the witnesses, respectively, whose names are signed to the o g g
instrument, being duly sworn, do hereby declare to the undersigned authority that the
testatrix signed and executed the instrument as his/ her Last Will; that the testatrix
signed willingly and executed it as his/her free and voluntary act for the purposes
therein expressed; that each subscribing witness in the hearing and sight of the testatrix
and of one another, signed the will as a witness; and that to the best of the witnesses'
knowledge the testatrix was at that time eighteen or more years of age, of sound mind,
and under no constraint or undue influence.
HELEN P. SOWERS
Witness
Witness
Subscribed, sworn to and acknowledged before me by HELEN P. SO W EdRS, the
testatrix, and subscribed and sworn to before me by RICHARD o f FLORES 2008.
~~,/7.A Ty ~' ~o,~~.G/ ,the witnesses, this __~~__~ day
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Catherine G. Bemsteel, Notary Public
Exeter Twp., Barks County
My Commission Expires Jan. 24, 2009
Member, Pennsylvania Association of Notaries
DECLARATION OF GIFTS
This Declaration indicates my desire with respect to the disposition of certain
items of personal property. It is my desire that my Executor and heirs recognize and
abide by my wishes contained herein. Below is a brief description of certain personal
property which is owned by me and to which this Declaration applies and the name of
the person I would like to have such property.
If any beneficiary of any bequest listed below does not survive me, then the gift
shall lapse. If, at the time of my death, the property is not in existence, or if I do not
own or have an interest in this property, the said gift shall fail.
Brief Description of
Personal Property
Dated this day of _
WITNESS
Donee to Whom I Give
the Property
2008.
HELEN P. SOWERS