HomeMy WebLinkAbout03-24-10PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANLA
Estate of Willis W. Willard III File Number ~~~~~~~~~
also known as
,Deceased Social Security Number 161-30-4634
Petitioner(s), who is/are ] 8 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 Executrix named in the
last Will of the Decedent dated December 24, 2007 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 bom 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
(/f applicable, enter: c.t.a.; d. b. n. e. t. a.; pendente life; durante absentia; durance minoritnteJ
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland
1120 Stratford Drive, Boroueh of Carlisle Cumberland
("List street address, town city, township, county, state, =ip code)
Decedent, then 73
County, Pennsylvania with his /her last principal re,
Sylvania 17013
years of age, died on November 27, 2009
at Cumberland County, Pe
Ivania
Dccedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal property $ 250,000.00
(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 1.eners in the appropriate form to
the undersigned:
~~~~ . ~j /~~ ~~~~~~~, , lJ ~ Bernardine C. Willard - 1120 Stratford Drive, Carlisle, PA 17013
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Form Rw-nz r~,~. 10.13.06 Pale 1 of 2
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: (/f
,administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above and complete list of heirs.)
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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.
Sworn to or affirmed a cl~subscribed
before me the ~~ day of
O
For th° Register
Signature of Personal Representative r
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Signature of Personal Representative
Signature of Personal Representative
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File Number: ~~ ` ~~ ~ ~ 2
Estate of Willis W. Willard III
Deceased
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Social Security Number: 161-30-4634 Date of Death: November 27, 2009
AND NOW, l~ j~(Q. ~~~_~~' /O , in consideration of the foregoing Petition, satisfacto~,~ proof
having been presented befo • me, IT I 1
are hereby granted to __=!
D that Letters
in the above estate
and that the instrument(s) dated z
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedeni. ~~ ~~~~ ~~~~~
FEES _~~ ~~Lri'~"'~~
(TV Register of Wills
Letters ............... $
Short Certificate(s) ........ $ ~Q -`g' Attorney Signature:
R upciation(s) .......... $
f $ L3 5 ~ Attorney Name: Bruce J. Warshawsky, Esqu e
a ,., $ Sao
~~/ ... $ /S,cru
... $
... $
... $
... $
... $
... $
TOTAL .............. $ 0
Supreme Court I.D. No.: 58799
Address: 2320 North Second Street
Harrisburg, PA l71 10
Telephone: 717-238-6570
Firm RW-oz rev. ln.l3.n6 Page 2 of 2
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LOCAL. REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this csapy by photostat or photagraph,
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS ~"~
CORONER'S CERTIFICATE OF DEATH
(See instructions and examples en reverent
1. Name d Decedent (Fml, miAne, lest, euXh)
Willis W Willard
III 2. Sex
M
l 3. Sabl Secumy Number V'^' L r„c 1Y V m 4. Date a Deem (Homo. day, year)
, a
e 161 - 30 - 4634 November 27, 2009
5. Age (LSSt Bimuley) Urder t r Under 1 day 6. Date of Blnh (Monts, daY. Ysad 7. aMplaze (Clry entl slate a faegn country) 9a. Place d Death (Check Dory orw)
73 ~` ~'" Haaa """" October 19 1936 "°~P"~k °thef
~
Yrs.
,d,
Hazleton, PA ^ Inpatient ^ ER / Oulpafialt ^ DOA ^ Nursirg Home Ipl Residence ^D1her , Spedly
'
Bb. County d Deen &. C p. of Oeab 8d. Fadllty Name (N not insM' Wpn, give stmat and number) 9. Was Decedent o/ Hispank Odgln7 ~JO ^ Yes 10. Race: Mrerkan IMien, Black, While, etc.
Cumberland
Carlisle 1120 Stratford Drive (0 ~a'~ci1y 0iben' (soeaM
Medan, Puerto Rican, etc.) White
11. Decedent's Usual Lion Nod of wom done most a wo ' Ffe. Do not ebb retired 12. Was Decedent ever In the 13. Decadenys Educatbn (Specify Dory highest grade conpleled) 14. Maribl Status: Marred, Never Herded, 15. Survivklg Spouse In wile
9"'e maden name)
U
S
,
.
Kits d Work Kind d Buskreas /Industry
. Almetl Forces? Elementary / SecorMary (P12) College (td or St) Witlaved, ~'0~ (SpecH11
Ph sician Medical f
]res ^No
~
5+ Married Be dine C. Za taaski
16. DecedenYS Meriting Atldlese (Street, coy 1 torn, mate, zip catle) Decedent's Did Decedent
PA
1 120 Stratford Drive "crud Residence na. sbte
live in a „". ^ Yea
Decadent Iced n
.
Twp
TownsNp?
Carlisle, PA 17013 ,7b.colmn Cimiberland ,?d~rvo,Decmaduredrdnn Carlisle
Aaud unas of city / eao
1S. FeNer's Name (Fun, middle, lest, sldN) 19. Maher's Noma (Flro, nkdtlle, meMen surname)
Willis Wardrier Willard, II A es - Esbenshade
20a. Infamant's Name (Type / Pring 2W. INOrmant's Meidrg Adtlress (Shed, city / rown, slate, dP coda)
Bernardine C. Willard
' 1120 Stratford Drive, Carlisle, PA 17013
21 a. Mebod of DiapOdl
gn j ~Cremadan ^ Ocnation
^ &wial ^ Remwel from State ~ Was Cromatbn «DOrlstlon AutlloHxatl 216. Date d DhPOSildn lMamm, day. Year) 21 c. Place d Di
sp vtlm (Name a cemdery, crematory or abler qxa)
21tl. Local (City / tam, slate, np code)
^ Olfkr ~ Spea'!y: i by Msdlal Exeminx /Coroner? f~ tee ^ Na 12/ 1 /2009 Ebaris Cranation Services Leola , PA
22a. signature a F Lkensee («
e 226. Uwrae NuMer ?2c. Name eM Address a Fadliry
FD 012633 L Ekain Brothers FS~neral Herne, Inc., Carlisle, PA 17013
Cartalae nano 23ec any when catilylrlg
physiden s not avatiebM et Nnp of deaM to 23e. To tlw ben d my da^'bd9•, aM acurted n the 6ma, Gab and place shad. (Signebre end tine
)
236. License Number
23c. Date Slgnetl (Monty, deY year)
CBr01y cause a deah.
Rena 2L28 mean he wrplated by person
cats
rawwxes death 24. Tkne a Death prx .
15 P
4 25. Date Pr«galced Dead (Mash, day, year) 28. Was Case Rebrred to Madkal Examiner / Coroner t« a Beeson Otlfer than Cmmetion or Donation?
.
V :
. H. November 27, 2009 ~rea ^Na
CAUSE OF DEATH (See InstrucUona antl sxemplea) r Pppmximate interval:
Gan 27. Pan I: Emar the Gain d event-deeeaee, n/urka, «oamPtirstlaa - Mil dreary reused nla death. W NOT ante termiml event slctl as cartllac arten Pan II: FsM Doter ' 28. Did Tobacco Use CantdWb ro Deem?
, r Onset to Death
msAmtoD' erred, a vemrcubr 1~naaon wiUdd shaMng the nNogy. L'nt Dory one cause on each Ina. but nil resultlng n me untlerrying cause given m Pan I. ^ Yes ^ Prababy
WNEDIATE CAUSE IFnel tlisaase a ~
i ^ No ^ Unkrwwn
arul
tim resuNngn eN) _~ a. Occlusive Coronary Artery Disease ~ Remote CABG
DM zs.lf Femal.:
,
Due n (or as a consequence oq: '
~
^ Na Pregnant within past year
sea,enoalry Iles wrdniora, a arty,
kip ro tlw cause 5datl on qne a. 6' r
Due to (« as a co
f ^ Pregnant at time d deem
nsequerrs o
):
Enter Ole UN
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ERLYING CAUSE
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t. but pragnam winin 42 days
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Due 10 (« 85 8 Corl9egllalae Of/:
^ Nd pregnant but pregnant 43 tleys to 1 yea
d
~ before death
^ Unknown if pregnant within nle pen year
30e. Was an Alapsy 3ab. Were Autopsy FNldrgs 31. Manner d Death :32a. Date a In'
Wry IMOmh, deY, Yea) 326. Desal6e How Inwry Ocmured
Pedamad7 Aveibde Prior m Campation 32c. Plea d In Hama, Farm, Sleet. Fa
fury: clay,
d Gusa d Death? ~Nabrel ^ Homidde OMCe B lang. ac. l~"Pa+~NI
^ Yes ~vNO ^ Yes ^ No ^ Pcciderlt ^ Pen6ng nvesllgadon 32d. Tinw d Injury 32e. Injury at WorA? 3N. It Trensportatim Inwry (SpeaAy/ 32g. Lacetien d Injury (Brest illy /town, nda)
^ Suidda ^ Could Nd ha Detemdned ^ Yes ^ No ^ Dover / Operel« ^ Peaserger ^Pedeslnen
H Omer - Specify:
33a. Certifxu (wreck omy one) 33b. Sgnature aM Title
' CeNryng DMablen (Physuan certlyirg area d deaN when arwawr physiden haz prorouncred death and mmplned non 23)
To the bbl a m
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To the bbl d my Imowkd9e, deaN aaurted d the drna, dale, end pbce, ar1Q due M tlk aueala) antl memer es sbted_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ 33c. License umber
33d. Dale Signal IMonth, day, year)
' ~pl~ana~/ November 30, 2009
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On the beet d sxaminalbn eM / or Inveallgetbn, in my oplnbn, death eccumd a the Ume, deb, arxs pbu, and dw M tlsa wuee(a) aM mender as mlerL !~
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Last Will - ~ ,
of } `_=a i`_~
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Willis W. Willard, III ~`' ~'
I, Willis W. Willard, III, of Carlisle, Cumberland County, Pennsylvania,
being of lawful age, sound mind and memory, and under no restraint, do publish
this as my Last Will, revoking all other Wills or Codicils previously made by me.
FIRST: All expenses, fees, costs, and taxes related to this estate shall be
paid from the probate estate assets, including but not limited to funeral expenses,
grave marker, the costs of my final illness, Inheritance, Estate and Fiduciary
Taxes; and all gifts and bequests shall be paid from the net distributable estate.
SECOND: I give, devise, and bequeath the remainder of my entire estate,
real, personal, or mixed, of every kind and nature, and wherever situated, which I
may own, or hereafter acquire, or have a right to dispose of at my death, to my
wife, Bernardine C. Willard, provided she survives me by 90 days.
THIRD: I acknowledge that I have three (3) children. My two (2)
daughters are estranged from me and my son has attained sufficient financial
independence and, thus, I wish to provide for my Grandchildren (even though I
have no interaction with them) and step-Grandchildren (whom I consider as my
own grandchildren), all of whom at this time are minors. Thus, In the event that
my wife, Bernardine C. Willard does not so survive me by 90 days, (a) I give my
furniture, household and personal effects, and other tangible personalty of like
nature, other than cash or securities, together with any existing insurance thereon to
my Grandchildren and step-Grandchildren, per stirpes and (b) I give, devise and
bequeath the rest, residue and remainder of my estate, of every kind and nature,
wherever situated, which I may own, or hereafter acquire, or have a right to
dispose of at my death ("Residuary Estate") to my Grandchildren and step-
Grandchildren, per stirpes.
FOURTH: I nominate and appoint my Wife, Bernardine C. Willard to be the
Executrix of my Last Will, granting to her authority to sell and convey any or all of
my estate, real and personal, or mixed, upon such terms and prices as she shall deem
proper, without obtaining any prior order of the court therefore. I also grant her full
power and authority in the settlement of my estate, to compromise, adjust, and settle
any and all debts and liabilities due to or from my estate, for such sums, and upon
such terms and conditions as she shall deem best. In the event that she shall for any
r
reason fail to qualify or cease to act, then I nominate my Stepsons, John David
Gavazzi and Robert Louis Gavazzi, the Alternate or Successor Executors.
FIFTH: If my issue receive property under this will and are under the age of
25 years, I give devise and bequeath their beneficial share to my Trustee, hereinafter
named, to be held in trust for said individuals. The trust shall be administered as
follows:
(1) The Trustee shall pay or distribute to or apply for the benefit of such
child or children, as the Trustee in their sole discretion, deem necessary for their
education (including trade school, college education, both undergraduate and
graduate) and for the purpose of purchasing their first home, so long as they have
completed a four year undergraduate program and have received a degree, or to
make payments for these purposes without further responsibility to any other child or
individual for whom such payments are made and to charge a portion or all thereof
as an advancement, with or without interest, against their respective equal
beneficiary share.
(2) All decisions of the Trustee regarding payments are within the
Trustee's discretion and shall be final and incontestable by anyone. The payment of
income or principal may be paid to the child or on her behalf, only for the purposes
herein stated, or in the event of the child's or individual's incapacity to his legally
appointed guardian. No child or individual shall have a right or power to sell,
transfer, assign, pledge, mortgage, alienate encumber, or hypothecate their beneficial
interest in the principal or income of the Trust in any manner. To the fullest extent
of the law, this Trust shall not be subject to the claims of any child's or individual's
creditors or liable to attachment, execution, bankruptcy proceeding, or any other
legal process. Notwithstanding the above directions, nothing herein shall be deemed
to make the Trustee liable for any payments of principal or income which they may
in their discretion make to a third person on the unrevoked order or direction of the
child or individual. The Trustee shall have the sole discretion to terminate the Trust
in the event the principal is so diminished that the expense of administering it
exceeds the interest earned. In the event the Trust shall terminate the principal and
any unpaid interest shall be distributed among the individuals in equal shares, and in
consideration of any advancements made, and the Trustee shall have no further
responsibility for administering it. On the death of any child or the individuals,
during the life of the trust, the Trustee shall distribute their beneficial share to his or
her legal spouse, or if not married but with issue, to their issue, or if unmarried and
issueless to the Trust.
(3) The Trustee shall distribute the principal of each child's or
individual's beneficial interest on, or as soon after as practical, his or her 25th
birthday.
(4) I appoint John David Gavazzi and Robert Louis Gavazzi, Co-
Trustees (or if either is unable or unwilling to serve, the other as sole Trustee) of any
trusts created herein. I direct that upon application, any Trustee shall receive yearly,
a reasonable fee commensurate with the services rendered relative to management
and administration of any trust created herein.
SIXTH: I direct that no bond or surety shall be required of any guardian,
trustee, executor, administrator or fiduciary named herein.
IN WITNESS WHEREOF, I have hereunto subscribed my name, and acknowledge
and publish this instrument as my Last Will in the presence of the undersigned
witnesses, on this ~ ~"'~~day of 1~~~.~u- , 2007.
~, r r
illis W. Willard, III
The preceding instrument consisting of four pages, including this page, was on the
date thereof signed, published and declared by in the presence of us, who, at his
request, in his presence, and in the presence of each other, have subscribed our
names as witnesses hereto.
.~ v~-
"~ of Harrisburg, PA
rucQ~ arshawsky
''~
r `~ ~ ~- ° , ` ~ ~ of Steelton, PA
i Sousley ~~
Commonwealth of Pennsylvania
ss
County of Dauphin
I, Willis W. Willard, III, the Testator, whose name is signed to the 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 fo/r~the,/purposes there/in~expressed.
Willis W. Willard, III
SWORN or affirmed to and acknowledged before me by the above named
Testator this ~.~~ day of ~ ~ ~G~'l~.~.:.~ , 2007.
-~
n
~r N tary Public
~ / y commission expires:
G{~MM+~{~-~l A TFI F EN I~V'LiJ~Nltl~
NOTARIAL SEAL
JULIEANNE AMETRANO, Notary public
City of Harrisburg, Dauphin County
My Commission Expires Feb. ~2, 2011
Commonwealth of Pennsylvania
County of Dauphin
ss
We, the undersigned witnesses whose names appear above, being duly qualified
according to law, do depose and say that we were present and saw Willis W.
Willard, III, the Testator sign and execute the instrument as his Last Will; that he
signed willingly and that he 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 the time
eighteen (18) or more years of age, s mind and under no constraint or undue
influence. ,n_ ~ /~~ ;
SWORN or affirmed to and ackr~owledged before me by the above named Testator
thiscz~~ day of ~ ~i~rL~J~ , 2007.
~' ~~ ~'~ 1 ~~~~~~~~
N tary Public
y commission expires:
~,,~ ;;QMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
JULIEANNE AMETRANO, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires Feb L2, 2011