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HomeMy WebLinkAbout05-10-10PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF rUMBERLAND COUNTY, PENNSYLVANIA Estate of also known as Deceased File Number t~/ " ~U ' V~( / Social Security Number 162-12-4601 Petitioner(s), who isJare 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 Co-Executors ~ named in the last Will of the Decedent dated Apri12, 1997 and codicil(s) dated ~ ~'' "1'd' ~' ~~' ~ , r i-'~S • n ~ -e c~~ ~ -T~ ?~ ,,,,, n ?i=ii' (State relevant circumstances, e.g., remmciation, death of executor, etc.) `~• ~ p _X : r,~ Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution o~l'tlme~4) oft`eiie~~ for probate, was not the victim of a killing and was never adjudicated an incapacitated person: --~- -~` ~+ :.. ~ ~f p , ^ B. Grant of Letters of Administration ~~ (/fapp[icable, enter: c.t.a.; d.b.n.c.t.a; perufente lire; durance absentia; durante mrnoritateJ (COMPLETElNALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at . , nc r.,re,.w...,:....4....,. !',.ml,nrhnd (`romly PA 17050 (List street address, town/city, township, county, state, zip code) Decedent, then ~ years of age, died on April 3, 2010 at Golden Living Center-West Shore, Camp Hill, PA 17011 Decedent at death owned property with estimated values as follows: (If domiciled in PA) (If not domiciled in PA) (If not domiciled in PA) Value of real estate in Pennsylvania situated as All personal property Personal property in Pennsylvania Personal property in County S 7~l p Y~ V 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 die undersigned: Si twe '1' or tlntea name ana reslaence _ ~ _ '~ _ ,~ Paula S. Wise, 315 East Allen Street, Mechanicsburg, PA 17055 Frank Spencer Bagshaw, 4184 Cove Court, Apartment 106, Mechanicsburg, PA 17050 Frank S. Bagshaw Form R W-02 rev. 10.13.06 Page 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: (If Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in SectionA above and complete list of heirs.) Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND The Petitioner(s) above-named swear(s) or affnm(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 File Number: ~~ ' /V - U y~ / _ ~ a Estate of Frank 5. Bagshaw ~ ~ ' C7 a ~~ Date of Death:April 3.2010 .~ C. ". = _Y =,:~' c i P~ 47 r AND NOW, ~ , ~, in consideration of the foregoing Petition, satisfactory proof having been presented before me, ' IS DECREED that Letters Testamentary are hereby granted to Paula S. Wise and Frank Spencer Ba¢shaw in the above estate and that the instrument(s) dated April 2, 1997 described in the Petition be admitted to probate and filed of record as FEES ~Q~ / n\ Letters ............... $ w Short Certificate(s) ........ $ Renunciation(s) .... $ ... $ ..$ S~ ~ hod ... $ Imo. ~ .. $ .. $ .. $ .. $ .. $ TOTAL 0 (and Codicil~s)~ of of Attorney Signature: Attorney Name: Andrew C. Sheely, Esquire Supreme Court I.D. No.: 62-469 Address: 127 South Mazket Street P.O. Box 95 Telephone: Mechanicsburg, PA 17055 717-697-7050 Form RW-02 rev. 10.13.06 Page 2 of 2 administer the estate according to law. Sworn to or affirme/d'~gaLn~d7 subscribed before me the ~V day of Social Security Number:162-12-4601 105.%0 LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. 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 Records Office for permanent filing. 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FIRST: I direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out of the principal of my residuary estate. 8 COND: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, unto my wife, JEAN H. BAGSHAW, provided she survives me by thirty (30) days. THIRD: Should my wife, JEAN H. BAGSHAW, predecease me or die on or before the thirty-first (31st) day following my death, I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, including any property over which I hold power of appointment and together with any insurance policies thereon, in equal shares, to my children, PAULA S. BAGSHAW and FRANK SPENCER BAGSHAW. FOURTH: Should PAULA S. BAGSHAW predecease me, I devise and bequeath that her share under this, my Last Will and Testament, shall pass to FRANK SPENCER BAGSHAW. FIFTH: Should FRANK SPENCER BAGSHAW predecease me, I devise and bequeath his share or shares under this, my Last Will and Testament, shall pass to my granddaughter, ASHLEY A. BAGSHAW, same to be held by my hereinafter named Trustee, IN TRUST. SIRTH: Should my grandchild, ASHLEY A. BAGSHAW, not have attained the age of twenty-one (21) years at the time for :z rte`? ~'~~'~ (, > ;_ _:) C; ]3 f--, ii ^ ~°'ri _ri ~_.7 <:__, :~ -~ _~.., ~: `~~ distribution to her, I give, devise and bequeath the share of such grandchild to my hereinafter named Trustee or Trustees, IN TRUST, to hold, manage, invest and reinvest the share so received, and to use and apply from time to time such portion of income and principal for the said grandchild's education (including college, trade school or other similar training or education), support and welfare as my Trustee or Trustees, in their sole discretion, deem advisable. My Trustee or Trustees may make the payments for the support and maintenance of my grandchild directly to said grandchild or to her Guardian or Guardians, as required. Any payments made by my Trustee or Trustees pursuant hereto shall be made without further respon- sibility to the said grandchild, her Guardian or Guardians, or to any person taking care of my grandchild. The Trustee or Trustees, in exercising their discretionary authority with respect to the payment of income or principal of the within Trust to my grandchild, shall take into consideration any income or other resources available to my grandchild from sources outside this Trust. In addition, my hereinafter named Trustee or Trustees shall have the right, in their sole discretion, to purchase and pay for out of the principal, as well as income, such insurance policies as will provide for the minor's medical care. Any income or principal not so applied shall be dis- ~ributed to such grandchild when she attains the age of twenty- one (21) years. In the event my grandchild dies prior to the termination of this Trust, the interest of my grandchild in the Trust shall cease with any income and principal being transferred in accordance with any applicable provisions of this, my Last Will and Testament. If, however, said grandchild is survived by any children, my Trustee or Trustees shall pay net income of the Trust to or apply the same for the benefit of such children of my deceased grandchild, in such amount or amounts as my Trustee or Trustees, in their sole discretion, deem advisable for the 2 support, welfare and maintenance of said children. Any income or principal not so applied shall be distributed when such children of my deceased grandchild attain the age of twenty-one (21) years. SEVENTS: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all proper- ty, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivi- sion, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. \ (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, xisk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. (G) To make distributions to my herein named benefici- 3 aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration expenses, to protect or improve any property held under my will, and for investment purposes. (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any other rights which they may have under the plan, in whatever manner they consider advisable. I ST I nominate and appoint PAULA S. BAGSHAW, as Trustee of the hereinabove described trust, who shall serve without bond and shall receive fair and reasonable compensation. NINTH: I nominate and appoint my wife, JEAN H. BAGSHAW, Executrix of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of the said JEAN H. BAGSHAW, I nominate and appoint PAULA S. BAGSHAW and FRANK SPENCER BAGSHAW, Co-Executors of this, my Last Will and Testament. I direct that my Executrix or Co-Executors, Trustee or Trustees, as the case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set myQQ hand and seal to is, my Last Will and Testament, this ~-~r.~(day of 1997. \\ .__ ( SEAL) FRANK S. AW 4 Signed, sealed, published and declared by the above- named Testator ass and for his Last Will and Testament in our presence, who, a!t his request, in his presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses. Address Address ec~.a~ m/1~ooi~^O~• ~il~~~r 5 V [~ ~ I~l~i~ 11'..~ ~1~ 1 Y~L..~.~J OATH OF SUBSCRIBING WITNESS(~Bj MAY I 0 AM 10= 05 REGISTER OF WILLS ~~ OF CUMBERLAND COUNTY, PENNSYLVANI.~1M~ ~c~~`~~ O~ P~ /U - Estate of Frank S. Basshaw ,Deceased Andreev C. Sheely and Catherine J Barra , (each) a subscribing witness to (Print Name/s) the ®Will ®Codicil(s) presented herewith, (each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were present and saw the above Testator /Testatrix sign the same and that she / he /they signed the same and that she / he /they signed as a witness at the request of the Testator /Testatrix in her /his presence and in the presence of each other. ~~t-~ ~ ~~ (.Si mauireJ .(Signature) '` 701 Jenna Court (Street Address) 1041 Mountain Road (Street Address) Mechanicsburg, PA 17055 (City, State, Zip) Dauphin, PA 17018 (City, State, ZipJ Executed in Register's Office Executed out of Register's Office Sworn to or affirmed and subscribed Sworn to or affirmed and subscribed before me this day before me this ~ day of of 'i a 0 ~ „_ ~ ~- n Deputy for Register of Wills Notary Public My. Commission Expires: ~0' 0(0~ aG0 (Signature and Seal of Notary or other official qualified to administer oaths. Show date ofexpiration of Notary's Commission.) NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) a[ time of notarization. Form RW-03 rev. 10.13.06 NOTARIAL SEAL TAMICA C. GOODSON, Notary Public