HomeMy WebLinkAbout12-30-09PETITION FOR PR//~~O~~BATE AND GRANT OF LETTERS
REGISTER OF WILLS OF C~/Kg£~1jkJD COUNTY, PENNSYLVANIA
Estate of /-L d ~~~ G ~/~lb~) File Number ~ 1 ~ V l ~ '~0~
also known as p,,
Deceased Social Security Number 1 ~ 3-- ~ ~" 9~~2
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW.)
A. Probate and Grant of Letter Testamentary and aver that Petitioner(s) is /are the ~XeCLL ~ ~ S named in the
last Will of the Decedent dated ~ / 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
(COMPLETE INALL CASES:) Attach additional sheets if necessary.
Decedent was domicil d at deat 'n ~ittil~['t,A~/D Coun ,Pennsylvania with his /her last principal resid ce at
I G i~' sN / ~
(List street address, town/ci , t ship, county, state, zip code)
Decedent, then ~~ yeazs of age, died on /~~ aZ at ~C H ~/ ~/ C
S
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ g~i ODD' ~
(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 Peti*.io~ and BHP gr~„r of Letters it ±he'-rr'^p-z*e f r^~ *_^
the undersigned:
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(lfapplicable, enter: c. t. a.; d.b.».c.t.a.; pendente lice; durance absentia; d~l~mtnoritat`~° '[:: ~ "-
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Petitioner(s) after a proper seazch has /have ascertained that Decedent left no Will and was survived by the following ~~if an j~td h~trs::~{`'
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) •--. ~' ~ W i-` i
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Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~~4er~~~~~
SS
The Petitioner(s) above-named swear(s) or affirm(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.
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Sworn to or affirmed and subscribed
before me the Ott--- day of
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For the Re ister Signature of Personal Repres ative
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state o Deceased
Social Security Number:~lJ r•~ ~ -- 90~~ Date of Death: Nd V Z ~, ~ /
AND NOW~Q~ QNY~~ 3C~ p~W~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters TeS'~p.Mt~.~a-r
are hereby granted to c Z~ ~ A. d.a.~n ~ ~ 0.r Q Q,
in the above estate
and that the instrument(s) dated ~ ~ - ll-(~1
described in the Petition be admitted to probate and filed of record as the last 'll (and Codicil(s)) of Decedent.
FEES •~
Letters ............... $ 2 LO • Cho
~~~' Register ills
Short Certificates $ ZO •Oc~
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TOTAL .............. $ 2-Z 3.50 ~
Form RW-02 rev. 10.13.06 Page 2 of 2
1~ns.cn~ 4r~~tn:~Q')
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 15981103
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 Registrar. The original
certificate will be forwarded to the State Vital
Recordls Office for pe Went filing.
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Local 1[~egistrar Date Issued
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LAST WILL AND TESTAMENT
OF
FLORENCE E. WHALEN
I, FLORENCE E. WHALEN, 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
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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
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for any such taxes which become payable as the result of any property over whiclr~ ~ive thetggwer ~_
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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
I give, devise and bequeath any and all tangible personal property, not listed in the above-
mentioned memorandum, of any kind and nature and wheresoever situated that I may own at the
time of my death (together with any insurance pertaining thereto), including, but not limited to,
any automobiles, silverware, books, furniture, furnishings, clothing, personal effects, jewelry,
china, pictures and paintings, IN EQUAL SHARES to my sisters, GERTRUDE W.
CANTWELL and JOAN P. BOEGEL, or the survivor. In the event that both GERTRUDE
W. CANTWELL and JOAN P. BOEGEL predecease me or fail to survive me by thirty (~~0)
days, the division thereof is to be determined by any Executor acting hereunder if the interested
parties cannot agree.
Article V
All the rest, residue and remainder of my estate, of whatsoever nature and wheresoever
situate, I give, devise and bequeath according to the following schedule:
A. I give and bequeath ONE-FOURTH (1/4) of the rest, residue and remainder of my
estate to my sister GERTRUDE W. CANTWELL. In the event GERTRUDE W. CANTWELL
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predeceases me or fails to survive me by thirty (30) days, I give and bequeath the share of my estate
for GERTRUDE W. CANTWELL to her daughter G. PATRICIA CANTWELL, Per Stirpes.
B. I give and bequeath ONE-FOURTH (1/4) of the rest, residue and remainder of my
estate to my sister JOAN P. BOEGEL. In the event JOAN P. BOEGEL predeceases me or fails to
survive me by thirty (30) days, I give and bequeath the share of my estate for JOAN P. BOEGEL to
her descendants then living in equal shares, Per Stirpes.
C. I give and bequeath ONE-HALF (1/2) of the rest, residue and remainder of my estate
to be divided equally among my following nieces and nephews: G. PATRICIA CANTWELL,
EMILY BUCHANAN, PETER A. BOEGEL, LORETTA M. TURMEL, CECTLIA BAUM, and
THOMAS P. BOEGEL. If any of my beneficiaries in this paragraph. predecease me or fail to
survive me by thirty (30) days, I give, devise and bequeath his or her share to his or her issue who
survive me, per stirpes, or if he or she have no issue, the share(s) are to be added equally to the other
shares.
Article VI
Except as otherwise provided in this Will, I have intentionally failed to provide for any
other persons or relatives, whether claiming to be an heir and/or relative of mine or not. Insofar
as I have failed to provide in this Will for any of my relatives, and/or issue now living or later
born or adopted, such failure is intentional and not occasioned by accident or mistake.
Specifically, SUSAN CANTWELL (an adopted daughter of my sister, GERTRUDE W.
CANTWELL) is not to inherit any monies or property, personal or real, under the terms of this
Will.
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Article VII
If any person or entity other than me singularly or in conjunction with any other person or
entity directly or indirectly contests in any court the validity of this Will, including any amendments
thereto, then the right of that person or entity to take any interest in my estate shall cease, and that
person or entity shall be deemed to have predeceased me.
Article VIII
If a beneficiary under this Will has not attained the age of thirty (30) years, the share of the
beneficiary shall be placed in a separate trust, for the benefit of that beneficiary according to the
terms in Articles IX and X.
Article IX
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 of the child
until the child attains the age of thirty (30) years.
B. Upon attaining the age of twenty-two (22), one-fourth (1/4) of the principal and
accumulated income, of the child's share shall be distributed outright to the child.
C. Upon attaining the age of twenty-six (26), one-fourth (1/4) of the principal and
accumulated income, of the child's remaining share shall be distributed outright to the child.
-4-
D. Upon attaining the age of thirty (30), the remaining principal and accumulated income
of the child's share shall be distributed outright to the child.
E. 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 X
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,
(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,
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(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 XI
I hereby appoint my niece, CECILIA BAUM, of Newark, Delaware, as Trustee of any
Trust(s) created in this Will. In the event of the renunciation, death, resignation, or inability to act,
for any reason whatsoever of CECILIA BAUM, I nominate and appoint my niece, EMILY
BUCHANAN of Minoa, New York, as Successor Trustee of any Trust(s) created in this Will.
Article XII
I nominate, constitute, and appoint my sister JOAN P. BOEGEL, of Boiling Springs,
Pennsylvania, and my niece CECILIA BAUM, of Newark, Delaware, Co-Executors of my Last
Will and Testament. In the event of the renunciation, death, or inability to act, for any reason
whatsoever of both JOAN P. BOEGEL and CECILIA BAUM, I nominate, constitute and appoint
my niece, EMILY BUCHANAN of Minoa, New York, successor Executrix of my Last Will and
Testament. I direct that my Co-Executors 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 disclaimer I could have filed if living. My Co-
-6-
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Executors and successor Executrix shall receive reasonable compensation for services rendered to
my estate.
Article XIII
In addition to the powers conferred by law, I authorize my Co-Executors 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 determitte the value of any
such property,
(h) to employ any attorney, investment advisor, or other agent deemed necessary by my
Executor(s) and to pay from my estate reasonable compensation for all their services,
(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
-7-
(j) to receive reasonable compensation in accordance with their standard schedule of fees
in effect while their services are performed.
IN WITNESS WHEREOF, I, FLORENCE E. WHALEN, hereby set my hand to this my
Last Will and Testament, on ,~~r1o f j , 2001, at Harrisburg,
Pennsylvania.
-~~
FLORENCE E. WHALEN
In our presence, the above-named FLORENCE E. WHALEN 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.
Noma
Address
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I, FLORENCE E. WHALEN, 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
FLORENCE E. WHALEN, the Testatrix,
on 12 - U ,2001.
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FLORENCE E. WHALEN
.....
Low~PPa ~pnT ' ~Y ~c v
My CaranNtlon Q~~d1~
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 sigm 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 Wi11 as witnesses, and
that to the best of our knowledge, that she was at that time eighteen (18) years dr more of age, of
sound mind, and under no constraint or undue influence.
Sworn to or affirmed and
subscribed to before me
by ~Q SS,~CQ ~ • ~ ~~/' f~~l
and s-T0.~Q . ,P t i v~. e, C, ~ Po w e l l
witnesses, on ~ 2 - / ~ , 2001.
No ublic
NOTARIAL SEAL.
JMI L BROYYFI, Notmy Pic
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