HomeMy WebLinkAbout09-28-10
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF
Estate of Emily E. Bender
also known as
Deceased
Social Security Nrunber
Petitioner(s), who is/are 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 arc the ~, (7 _. ~,~(^ A ~~ j ~ ~•~~ named in the
last Will of the Decedent dated May 25, 1999 and codicil(s) dated ~ none)
(State relevant circumstances, e.~~,~., rcnau~cia~ion, clecNh oJe.reci~~or, etc.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution o1'the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: Married in Ohio iii 1949; Divorced in Texas in 1979.
B. Grant of Letters of Administration
(IfaPP~icable, enters c.1.n., d.l,.n.c.i.u. /~c°~~clc~n~e~ lily, ~/z~runlr a/~seriliei: c/~rra~~/e niinurr~ul~)
Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and w~is survived by the following spouse (if any) and heirs: (IJ~
Administration, c. t. a. or d. b. n. c. t. a., enter date of Will in Section A above anc~ c•umple:c lr.~~r oJ'~heirs.)
Name Relationship _ _ Residence ~
(COMPLETE IN ALL CASES:) Attach additional sheets if necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal residence at
624 Cedar Ridge Lane Mechanicsburg Upper Allen Township in Cumberland County Pennsylvania 17055
(Lis! street address, town/city, township, county, stale, zrp code)
Decedent, then 85 years of age, died on September 10, 2010 at Harrisburg Hospital, in the City of Harrisburg, Dauphin
County Pennsylvania.
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) All personal propert}, ~ 45,000.00
(Tf not domiciled in PA) Personal property in Pennsylvania ~ _
(If not domiciled in PA) Personal property in County S~_ N
Value of real estate in Pennsylvania ~ 5,000.00 ,,;
situated as follows: 624 Cedar Ridge Lane, Mechanicsburg, Upper Allen Township, in C'umbcrland County, Pennsylvani~f:-~ ~,~ i'*'f Y:;~~ ~ ~, --~
_.
_. ,
_. j
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Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and ('odicil(s) presented ~~i~h this Petition and the grant of [ ~.t~~~appro~tc to~i~rtr~ ~
the undersigned: ~
~' C~ ~ --,
Si nature T red or xinted name and residence ~"• ~; -' _ t ~t
t ~ Darrel W. Bender, 1652 Lowell Lane, New Cumberland, PA 17070 ~'~ _.._ ~°,-~~ '~•7.~
.+ - _
~ ,y
~~~ ~~ ~~~ Dean K Bender, 322 Fortuna Drive, f latiield, PA 19440
Cumberland COUNTY, PENNSYLVANIA
~~ ~ _ ~ ~~ _ t. t ~~~~ l ~ f
File Number
Firm nw oa rev. to.13.0~ Page 1 of 2
•:. - 1.
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA ~"'`'"~,-
COUNTY OF Philadelphia ; r ~ _~ ~ f'+') *.;~
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true ~~ct to bestT~f
-._, •_
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(sj ~i~tl and~ruly ~~-"' ~ =-;
~., `~ -,~
administer the estate according to law. ~' ~~ ~ -+ ~ `=~~
Sworn to or affirmed and subscribed ~^ ~- ~ ~/~~""`~~"' `~' ~`
before me the ~ t day of
For the Register
Signature o/Personal Represc~Nalive
Signature o/~Persunul Repres~entallve
Sigua~ure of Per-s~onul ReE~resentaiive
~ 1
File Number: ,-~' ~ ~ - C% ~~.~
Deceased
Social Security Number: 300-22-7997 Date of Death: Septembe,- 10, 201 0
AND NOW, ,~~~ ~~ Iu.-.~C-(~ ~"~~ ,, ~ `~ 7 _, in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters rl'estamentary
are hereby granted to Darrel W. Bender and Dean K. Bender, co-excecutors,
in the above estate
and that the instrument(s) dated May 25, 1999
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
~ .:~ , Register of IVills ~ `~~ ~~ ~~~ = Z-f C-k..~,. ~-~
Letters ............... $ = , . ~ ~,
~_
Short Certificate(s) ........ $ ~,' ~' Attorney Signature: l ~
Renunciation(s) .......... $
... $
... $
... $
... $
... $
... $
TOTAL ............ ;~~ 1- ~ ~ 8-~6
.. $r~ ~ 1
Estate of Emily E. Bender
Attorney Name: Darrel W. Bender
Supreme Court I.D. No.: 58143
Address: 1652 Lowell Lanc
New Cumberland, Pn 17070
Telephone: (717) 580-4iS83
Form RW-02 rev. 10.13.06 Page 2 Of 2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA ''~''
SS CQ o ~ ;=
COUNTY OF Philadelphia r n ~ f~'1 ~.~, = `._~-
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are trt~a~~rrectR~the f>E ~if-~,
-=.v'~ ~ ~~" r
the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(~l~ell a~trul}~= -~
~- ;
administer the estate according to law. ~ C -- ->
'.o _._
Sworn to or affirmed and subscribed ___ ~
before me the `~?~~ day of
~ ~ ~
i~\~~' 1. L
For the R gister
o-
Signature o~Personul Reln•e,~~enlaln~e
Signature o/Personal Representulive
Signature of Persona! Represeniulive
File Number: ~~ ~ ~- ~ ~~ - C`~~~
Estate of Emily E. Bender ,Deceased
Social Security Number: 300-22-7997 Date of Death: September 10, 2010
AND NOW, , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Darrel W. Bender and Dean K. Bender, co-excecutors,
in the above estate
and that the instrument(s) dated May 25, 1999
described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent.
FEES
Regis~cr a/~W"ills
Letters ............... $
Short Certificate(s) ........ $ Attorney Signature:
Renunciation(s) .......... $
Attorney Name: Darrel W. Bender
... $
• • • $ Supreme Court I.D. No.: 58143
... $
Address: 1652 Lowell Lane
... $
. $ New Cumberland, PA 17070
... $
... $
• ~ • $ Telephone: (717) 580-4883
... $
TOTAL .............. $ 0.00
Form RW-02 rev. 10.13.06 p2ge 2 Of 2
N
Gp °
LAST WILL AND TESTAMENT ~~~, ~ ~~; ~-..:,
EMILY E . BENDER 4::;1 ~~' `~ ~' = , .~y'T° ~'
_o ~_.
r~
I, EMILY E. BENDER, of 624 Cedar Ridge Lane, Mechanics-~~~+ ;.,
burg, Cumberland County, Pennsylvania, make, publish and declare
this as and for my Last Will and Testament, hereby revoking all
other Wills and Codicils heretofore made by me.
FIRST: I give and bequeath the sum of Five Thousand
and No/100 ($5,000.00) Dollars to the Silver Spring Presbyterian
Church, of Mechanicsburg, Pennsylvania, to be used for general
church purposes as the governing body of the Silver Spring
Presbyterian Church deems appropriate.
SECOND: 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 son, DARREL W. BENDER and to my son, :DEAN K.
BENDER, provided that should either DARREL W. BENDER or DEAN K.
BENDER predecease me, I give and bequeath their share unto their
issue per stirpes by representation.
THIRD: No provision is made in this, my Last Will and
Testament, for my son, DUANE G. BENDER, not necessarily because
of any lack of affection for him, but because he is already well
provided for.
~~; FOURTH: Should any of my grandchildren not have
attained the age of twenty-one (21) years at the time for dis-
`~' tribution to him or her, I give, devise and bequeath the share of
~~~,;, each such grandchild to my hereinafter named Trustee or Trustees,
~;`.~., IN SEPARATE TRUSTS, to hold, manage, invest and reinvest i.he
=y~ shares 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), as my Trustee or Trustees, in their sole
discretion, deem advisable.
Any income or principal not so applied shall be dis-
tributed to each grandchild when he or she attains the age of
twenty-one (21) years. In the event any of my grandchildren die
prior to the termination of this Trust, the interest of said
grandchild in said Trust shall cease with any income and
principal being divided evenly between or among my other grand-
children that are living or the separate trusts established
fir.
,,
hereunder for their benefit.
FIFTH: 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) o:r
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, risk or productivity.
2
(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-
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.
SIXTH: I nominate and appoint DARREL W. BENDER, as
Trustee of the hereinabove described trusts. In the event of the
death, resignation or inability to serve for any reason
whatsoever of the said DARREL W. BENDER, I nominate and appoint
MARY ANN BENDER, wife of my son, DEAN K. BENDER, as Trustee of
the hereinabove described trusts, who shall serve without bond
and shall receive fair or reasonable compensation.
SEVENTH: 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.
EIGHTH: All interests hereunder, whether principal or
income, which are undistributed and in the possession of the
fiduciaries acting hereunder, even though vested or distribut-
3
able, shall not be subject to attachment, execution or sequestra-
tion for any debt, contract, obligation or liability of any
beneficiary, and furthermore, shall not be subject to pledge,
assignment, conveyance or anticipation.
NINTH: I nominate and appoint DARREL W. BENDER and
DEAN K. BENDER, Co-Executors of this, my Last Will and Testament.
I direct that my Co-Executors, 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 my hand and
seal to this, my Last Will and Testament, this ..~`~~~Lv day of
-;
=~ >~ F~. ~ ~'". %~ z~~~-<-~.~'~ (SEAL)
EMILY E., ENDER
Signed, sealed, published and declared by the above-
named Testatrix as and for her Last Will and Testament in our
presence, who, at her request, in her presence and in the
presence of each other, have hereunto subscribed our names as
attesting witnesses.
Address
Address
f.o
~ r
~ ~ ~~ ~h
G
4
OATH OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
Cumberland COUNTY, PENNSYLVANIA
,'~ ~~ - L C? ~- ~ ~. ~~
Estate of Emily E. Bender
Darrel W. Bender
and
Deceased
(each) being duly qualified according to law, depose(s) and say(s) that she / he /they was /were wcll-
acquainted with Emily E. Bender and a~n/are familiar
with the handwriting and signature of the decedent, and that the signature of Emily E. Bender
to the foregoing instrument purporting to be the Last Will and Testament/Codicil of
Emily E. Bender _ is in his/her own proper handwriting.
~~~ ~ ~\ ~
ature)
1652 Lowell Lane
(Street Address)
New Cumberland, PA 17070
(ctrv, ware, zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this.. ~-` c~ h day
,,
r
r
v
for Register of Wills
(J) ~>>tuRarrl
(Sl~~c~e ~ ; a d~lr~ ~,~~.~~ )
(C'ih~. S7n~r, 7.i~~i
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Form RW-04 rev. lOJ3.06
s
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OATH OF SUBSCRIBING WITNESS(ES)
<~.
o...
`' ~ ~" ;r ~ REGISTER OF WILLS
.~ ~~ -~ ~c ~.~~ ~. t CUMBERLAND COUNTY, PENNSYLVANIA
~.cn<-.
_, _ UCH ~ ~ =~
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cry ~ ~~
`_ ~`~= c_,,, ~~
Estate ofd Emily E. Bender ,Deceased
James D. Boar , (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.
(Signature)
(Street Address)
(City, State, Zip)
Executed in Register's Office
Sworn to or affirmed and subscribed
before me this
day
of ,
Deputy for Register of Wills
Executed out of Register's Offic°e
Sworn to or affirmed and subscribed
before me this l 1 ~"~ day
of T { ~ (.,
o,
o ~~ ~ _ n ~ ul~~~=1~~
Notary Public J
My Commission Expires: ~ °2' ~ ~~-) ~ ~
(Signature and Seal of Notary or other official qualified to
administer oaths. Show date of expiration of Notary's Commission.)
NOTE: To be taken by Officer authorized to administer oaths. Please have present the original or copy of instrument(s) at time of notarization.
COMMONWEALTH OF PENNSYLVANIA
Form RW-03 rev. 10.13.06 NOTARIAL SEAL
BETH B. LENGEL, NOTARY PUBLIC
SHIREMANSTOWN BORO., CUMBERLAND COUNTY
MY COMMISSION EXPIRES DEC. 12, 2011
(Si ure)
One West Main Street
(Street Address)
Shiremanstown, PA 17011
(City, State, Zip)