HomeMy WebLinkAbout08-14-09PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF Cumberland COUNTY, PENNSYLVANIA
Estate of Dorothy L. Winn
also known as
File Number t~~ ' ~ / ``~ `''
Deceased
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A'or 'B'BELOW.)
Social Security Number 187-16-0406
® A. Probate and Grant of Letters Testameetsry and aver that Petitioner(s) is /are the Executors named in the
last Will of the Decedent dated 4/22/2009 and codicil(s) dated
(Smte relevant circumstances, e.g., renunciation, death of execuroq etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution of the instmment(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
Q B. Grant of Letters of Admieistradon
(/japplicable, emer: c. t. a.; d.b.n.cca.; pemlente li[e; dumme absentia; dumme minorim[e)
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: (/j
Administration, c. t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) rv
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Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last prhrcipal re~ence at ~
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208 Fourth Street. West Fairview. East Pennsbom Twn_ Cumhertand Cnnnw PA [ 7t»5
(List street address, rown/city, township, county, state, zip code)
Decedent, then 88 years of age, died on August 4, 2009 at Holy Spirit Hospital
Decedent a[ death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 5,000.00
(If not domiciled in PA) Personal property in Pennsylvania $
(If not domiciled in PA) Personal property in County $
Value of real estate in Pennsylvania $
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
[he undersigned:
~__ ~ ~, t ~ I Gordon E. Winn, 401 McCormick Street, West Fairview, PA 17025
'~~/. ~ f r ~ s I Renee J. Wewer, 312 48th Street, Hertisburg, PA 17111
Porm NW-oz ter. lo.l3.od Page 1 oft
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LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $6.00
P 15477497
Certification Number
This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registraz. The original
certificate will be forwarded to the State Vital
Records Oyffi~ce for permanent filing.
~~ ~ "l +~. AUG/ 1 0 209
Local Registraz 6~----Date Issued
Ey ,,,~ COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS
~~Nr" CORONER'S CERTIFICATE OF DEATH
<xdc (See Instrudbns sntl szemplae on roveree
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I, DOROTHY L. WINK, of the Village of West Fairview, Township o1~East Pen n~ioro , Ca4nty
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of Cumberland, Commonwealth of Pennsylvania, declare this to be my Last Will and revoke any Will or
Codicil previously made by me.
ITEM 1: Upon my death, I direct that my body be buried next to my beloved husband,
Gordon E. Winn in the plots I own in Rolling Green Memorial Park, Lower Allen Township, Cumberland
County, Pennsylvania.
ITEM 2: I direct that all my funeral expenses be paid as soon as practical after my death.
ITEM 3: I direct that all taxes that may be assessed in consequence of my death, of
whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary estate as a part of
the expense of the administration of my Estate.
ITEM 4: I give, devise and bequeath Two Thousand Dollars ($2,000.00) to my friend,
Jackie Meade of 14 Cazolina Street, Havelock, North Carolina, provided she survives my death by thirty
(30) days. Should my friend, Jackie Meade predecease me or fail to survive my death by thirty (30) days,
then I direct this gift shall lapse and become part of my residual estate.
Page 1 of 7
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ITEM 5. I give, devise and bequeath my sewing machine; the flower table made by my
late husband; four (4) foot wooden step ladder; pink flowered glasses; Dougherty made by Vic Biser; and
Wicker Furniture, to my daughter, RENEE J. WEWER of 312 48`" Street, Harrisburg, per stirpes.
ITEM 6: I give, devise and bequeath my two (2) painted milk-cans; my antique
bureau/dresser; Grandma Winn's bureau with mirror; and small oval table to my son, GORDON E.
WINK of 1 McCormack Street, West Fairview, Pennsylvania, per stirpes.
ITEM 7: I give, devise and bequeath my wooden handle silverwaze; brown dishes; floor
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light with milk glass to my grandson, GOEFREY CAMPBELL, per stirpes.
ITEM 8: I give, devise and bequeath my wooden rolling pin to my granddaughter,
ALYSSA VANDERVENTER, per stirpes.
ITEM 9: All the rest, remainder and residue of my estate of every nature and wherever
situate, together with all insurance thereon, I give, devise and bequeath as follows:
a. One-third (1/3) to my son, GORDON E. WINK, per stirpes;
b. One third (1/3) to my daughter, RENEE J. WEWER, per stirpes; and
c. One third (1/3) to my grandson, GEOFREY CAMPBELL, per stirpes. Should my
grandson predecease or leave no issue surviving, then I direct that his share of my estate be divided
equally between my son, GORDON E. WINK, per stirpes and my daughter, RENEE J. WEWER, per
stirpes.
Page 2 of 7
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ITEM 10: My Co-executors shall have the following powers in addition to those given by
law to be exercised by them in their absolute discretion, which powers shall be applicable to all property
held by them, effective without the order of any court and until the actual distribution of all such property:
a. To retain any investments at discretion including stock of any corporate fiduciary
hereunder or of a holding company controlling it;
b. To invest and reinvest in the co-executors' discretion as permitted under Act 28 of 1999,
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as amended, the "Prudent Investor Act;' with the specific right to invest in stocks, bonds and real estate,
including non-income producing residential real estate for the occupancy of any present income
beneficiary or beneficiaries, and in such diversified, proprietary money market and mutual funds,
including such mutual funds of any corporate fiduciary hereunder or those of any successor or affiliated
corporation or a holding company controlling it, as my co-executors and trustee deem appropriate;
c. To sell, to grant options for the sale of, or otherwise convert any real or personal property
or interest therein, at public or private sale, for such prices, at such time, in such manner and upon such
terms as they may think proper, and to execute and deliver good and sufficient conveyances, assignments
and transfers thereof without liability of any purchaser to see to the application of the purchase money;
d. To borrow money and to secure the repayment thereof by mortgage of real or personal
property, pledge of investments or otherwise, without liability on the part of the lenders to see to the
application thereof;
e. To compromise claims by or against my estate or any trust created hereunder;
f To allocate and distribute different kinds or disproportionate shazes of property or
undivided interests in property among beneficiaries or trusts, in cash or in kind, or partly in each;
Page 3 of 7
g. To register investments in the name of a nominee or to hold the same unregistered in such
form that they will pass by delivery;
h. To join in any recapitalization, merger, reorganization or voting trust plan affecting
investments; to deposit securities under agreement; to subscribe for stock and bond privileges; and
generally to exercise all rights of security holders;
To manage, operate, repair, alter or improve real estate or other property, and to lease real
estate and other property upon such terms and for such period as my co-executors deem advisable even
for more than five (5) years and beyond the duration of any trust;
j. To deduct administration expenses upon either the federal estate tax return or fiduciary
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income tax return with or without adjustment as between principal and income, as my corporate or
disinterested co-executors shall determine;
k. To associate with them in the absence of a corporate fiduciary, an accountant, custodian
and investment advisor, and other agents and to compensate them from principal or income or both, as my
co-executors shall determine, such compensation to be a reduction of the compensation of my co-
executors;
1. To associate with them at any time, in their absolute discretion and of their choice, a
corporate fiduciary which shall have the same powers as my co-executors, such designation by my co-
executors and acceptance by a corporate fiduciary to be in writing;
m. To combine, without prior court approval, any trust herein with any other trust with
substantially similaz provisions, although such other trust may have been created by separate instruments
and by different persons, and, if necessary to protect different future interests, to value the assets at the
time of such combination and to record the proportionate interest of each separate trust in the combined
Page 4 of 7
fund; provided however, that no such combination shall be permitted if the effect of such combination
would be (1) to violate the applicable rule against perpetuities; (2) to disqualify any interest in one or
more of such trusts for a deduction for federal estate tax purposes which would otherwise be allowable;
or(3) to cause the loss of the exempt status of one or more of such trusts from the imposition of the
generation-skipping tax;
n. To exercise any stock options which they may receive; to borrow such funds from any
source as my co-executors may deem necessary for the exercise of such options; and to pledge assets as
my co-executors deem appropriate for this purpose;
o. No trustee shall be required to qualify before, be appointed by, or, in the absence of a
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breach of trust, account to any court (and failure to account alone shall not be considered such a breach);
nor shall trustee be required to obtain the order or approval of any court in the exercise of any power or
decision granted hereunder;
p. To allocate any generation-skipping transfer tax exemption from the federal generation-
skipping transfer tax to any property to which I am deemed the transferor under the provisions of Section
2652(a) of the Internal Revenue Code of 1986 and its successors, including any property transferred under
my will and any property not in my probate estate and any property transferred by me during life as to
which no allocation was made prior to my death, to the extent necessary to cause the inclusion ratios
applicable to such transfers to be zero;
q. To disclaim any interest in property without court approval; and
r. To do all other acts and things necessary or appropriate in the management,
administration and distribution of my estate or trust.
Page 5 of 7
ITEM 9: in the event any legatee or devisee named in this will dies under such
circumstances that there is not sufficient evidence to determine absolutely whether such legatee or devisee
survived me, I direct such legatee or devisee shall be presumed to have predeceased me and devise and
bequeath the gift in favor of that legatee or devisee to such persons and in such manner and in such
proportions as set forth in this will for distribution if the legatee or devisee predeceased me.
ITEM 10: Unti] distributed, no gib or beneficial interest shall be subject to anticipation or
voluntary or involuntary alienation.
ITEM 11: I appoint my son, GORDON E. WINK, and my daughter, RENEE J. WEWER,
Co-Executors of this, my Last Will.
ITEM 12: I direct that my personal representatives or their successors shall not be required
to give bond for the faithful performance of their duties in any jurisdiction.
IN WITNESS WHEREOF, after having had the foregoing document read to me in its entirety, I
have hereunto set my hand and seal to this,
2009.
my Last Will and Testament, this ~ day of
~ 9 ~ ~~~
DOROTHY L. W
Signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and
Testament in our presence, which Last Will and Testament was read to her in its entirety and, who, at her
request, in her presence and in the presence of each other, have hereunto subscribed our names as
att/e ring witnesses. ~{
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Page 6 of 7
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
We, DOROTHY L. WINK,
ss:
~'-nn.e- ~• ~0~-I~.L and
e h N ~ . 1:9Z'~ ,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 foregoing instrument was read in its entirety to the Testatrix who then
signed and executed the instrument as her Last Will and that she had signed willingly, 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 his or her
laiowledge, the Testatrix was at the time eighteen (18) yeazs or older, of sound mind and under no
constraint or undue influence but that she is visually impaired.
~ ~ ~~
DOROTHY L. V l
a„~_.__ J~'~.
W~itn~ess~ ~`
a,~ diL, ~-- lal/r~
Witness
Subscribed, sworn and aclmowledged before me (inn ~ iI f/ ~ `~~~ by
DOROTHY L. WINK, the Testatrix, and subscribed and sworn to before me by
~nr.4 ~"(. (~ v2 p,ac_ and ~~ ~,c~ W ~~-"J`'~- ,the witnesses, this
~~ day of ~~~~ ( , 2009.
Notary Public (S ~-)
COMP NWt iiM OR.ftM y
NOTMRi~1t EAI.
N~Qry E Coyne, Noary PtrMFe.
Page 7 of 7 tNmpMn Townshiy, cumMrNM CwMy
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