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HomeMy WebLinkAbout11-09-10 (2)PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Lewis W Bowker Jr File Number 21 -10 ~ ~ 0'j(0 also known a Deceased Social Security Number 426-66-8650 Petitioner(s); who is/are 18 years of age or older, apply(ies) for: (COMPLETE iA' or `B' BELOW.) Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the EXeCUtrlX named in the last Will of the Decedent dated 07/17/1989 and codicil(s) dated (State relevant circumstances, e.g., renunciation, death o/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 app Ica e, en er. c..a.; ..n.c..a.; en e ~ e; uran e a sen ia; uran a minon a 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: (If Administration; c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) ~~. n ~. Name Relationship Residence ~ O - ~~ ~ te r -- - r~ f\ < - -~r:,, _ .._ -, ..__. _I.1 ~ -_ --r (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 726 Alberta Ave., (Hampden Township), Mechanicsburg, PA 17050 (List street address, town/city, township, county, state, zip code) Decedent, then` 71 years of age, died on 08122/2010 at Holy Spirit Hospital 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 All personal property Personal property in Pennsylvania Personal property in County 99,000.00 0.00 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 the undersigned: Signature Typed or printed name and residence Dorothy Elinor Etheredge Bowker 726 Alberta Ave. Mechanicsburg, PA 17050 Form R W-02 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 1 of 2 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA } SS COUNTY OF Cumberland } 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 aQnd subscribed before me this ~v ~ day of fG' ~ D/ d For Register Atti Supreme Court I.D. No.: 21542 File Number: 21 - 10 - ~Q~(o j~=-n ,_; ~ .~ . Estate of Lewis W Bowker Jr , Deceased '~ `' `=-' -''' Sociannl /Security Number: 426-66-8650 Date of Death: 08122/2010 AND NOW, ~C7~~ ~~~.r 026 , in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Dorothy Elinor Etheredge Bowker in the above estate and that the instrument(s) dated 07/17/1989 __ described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent FEES Letters ....................................... ..... $ 210.00 Short Certificate(s) .................... .... $ 8.00 Renunciation(s) ........................ ..... $ Wiii $ 15.00 JCS $ 23.50 Automation $ 5.00 $ $ $ $ $ $ TOTAL .:...:.:....................... ..... $ 261.50 r-_7 cr~'' C~ ~i ~--a ' :y m ~, L x~ ,,.,-.- ~ Ball, Murren & Connell Address: 2303 Market Street Camp Hill, PA 17011 Telephone: 7171232-8731 Form RW-O2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner Group, Inc. Page 2 of 2 Signature of Personal Representative Attorney Name: RlCharq t GOnnell tSq i)~, hos Nei lul/o~' a(_ /~' ~~ ((O 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 16809158 Certification Number This is to certify that the information here given correctly copied from an original Certificate of Dea duly filed with me as Local Registrar. The origin certificate will he forwarded Co the State Vit Records Office for permanent filing. i ~~ ~_t~ gl~.l1 T --___. Local Registrar Date Issued C~ ~-~ ~' ~ O ~ ~ ~ ',` ~ ~ , cs - ~7~ c a '_~. > ran R3 tip ~-~` GD _ . ~C~~ ~ ; "L7 -1 7> .. ~ L~2 --- , . tt' Hrosu3 REV nrmoa COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VRAL RECORDS TYPE / PRSly S1 PERMANENT CERTIFICATE OF DEATH eucK ~ (See InsVUCtbns and examples on reverse) STATE FILE NUMBER _(I `y~y O I. Nanr d Dsatdra (F.a mMdr, iea. euAle) Lewis W. Bowker Jr. x. Se: Male a sour Sandy Number 426 -66 - 8650 4. Dab a Deem IMadh, M• veal 8/22/2010 S. Age (wt B'rCMey) umw 1 under 1 6. Dab d Bias Month. 7. ~ rd dre a ~ Ba. PYn d Dom ar Mwre Dew Naar rennet Hoepiul: aMr: 71 Yrs. 7 / 10 / 19 3 9 M e m his , T N ®mpm.d ^ ER / owaOeM ^ DoA ^ Nuairq Home ^ Reeihncs ^ omer - sP•oni m ewdr d Dean ~ aei. Boo, iW. d Dean ed. FeriAly Name m ria inetleAiar. ONe seer w ram0a) g. w. Derided d x:paab odgb? f)1( rb ^ yr to Race: Arnwinn lntlien, eMCk wMa,, et (rc yr. ~y cw.n. 1spx~ Cumberland East Pennsboro Hol S irit Hos ital M.raa6PuarbRran,aec.) White 71. DsctdsM'e Uwr Keb dwM d ot mad d Ns. Do rid etw ~ 12. Wr oeceded aver b ms 13. Dseanfa EdraSm (Seedy oM' end 9~• canp red) 11. MaA41 soon: Maded, NMr Medea. 1b_ ~^q Spo +e (rc .ae. v~+ meba~ iwne) IGd dWoM1 Ksacd SnireelbM1nay U.S. Armed Faros? py~bn / SeeoMary (a12) Colege (td a St) Wbowaq Ohoraea /spmryl Army Air Defense Military C~vr ^Na 5.+. Married Dorothy Etheredge 's °'~'°°"''Mss"°°"°'ls°r'•dn/br"'•d°"•maa°') °°`ex~'r' Penns lvania °"°""°°'" Ham den AaawReaH~~n 17asmM y Daa.deraLNeab P T n6~1vr 726 Alberta Avenue ~ • w. Wed w4lan Cumberland ITd.^ Mechanicsbur PA 17050 ~~d ,m. cagey cnr/eaa 18. Femora Noma (~. ~. MX auS&) 79. Momer's Naar (Fad, nirlds, mrbn eumrr) Lewis W. Bowker M r ri Mur h 201 bdamdA•s Ndr (TYW / PnN 20D. Irtartwd'a Merng Adder (SOr( aY / ben, dm, DID maa) Dorothy Bowker 726 Alberta Ave. Mechanicsburg, PA 17050 216 Metlbd d Obpaeiaon ^ Cramaam ^ Donegan 216 Dab d Dleparaan (Mach, day. year) 21e Pbos d DirprAian (Name d carenly, oramsbry a drr plat) 27tl. Laaam (C4y/bwq acts. zp aoae) ~ coat ^ R«aaw ;wrcr..rbeao~rutaAaebdra 12/9/2010 Arlington National Cemetery Arlin ton VA 22211 8 ^ pnr- EarnbrlConrR ^ Yr^ No , 22a rwm) zw.l;oanM.roa z7s.NarandAadaraFeaTly Neil uneral ome, nc ~ FD 013239 L 3401 Market St. Cam Hill, PA 17011 CanpMee 23-c Man atHy'r9 23a TOtlnbW dmyloarabdpa.aWhannaddme' dbl Z7b. 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Nana eM Aderm dPemm Who CorrpleYd CSSa dOeam llMm 2717ype/Peen / w ~ r rk w• U ~w.n}{-~. ~ ~ te l oZ I 1 I as 11 I~ I ~ a Ru6uS ~ ~j 1 ~ ~ ~ a .. - N r e DbpalGan Pemic No. e7~~ • 9 ~~ O LAST WILL AND TESTAMENT OF LEWIS WARREN BOWKER, JR. I, LEWIS WARREN BOWKER, JR., a legal domiciliary of Cumberland County, Mechanicsburg, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this instrument to be my LAST WILL AND TESTAMENT. I hereby revoke a~ and all wills and codicils by me heretofore made. ~ C7 ~, mTn ""~ ~ -~ ;--- -~~ ~ I ~~ v. ~°, IDENTIFICATIONS AND DEFINITIONS ~°--'c~ A. I am married to DOROTHY ELINOR ETHEREDGE BOWKER,~ ~ !_ hereinafter referred to as "my Spouse." I have two children, ~-`' MELINDA MARGARET BOWKER and LEWIS WARREN BOWKER, III. Reference in this Will to "my Children" include these children and any other lawful children born to or adopted by me. References in this Will to "my Minor Children" include all of my Children who are, at the time stated in the reference to them, under the age of twenty-five years. Except as otherwise provided in this my LAST WILL AND TESTAMENT, I have intentionally omitted to provide herein for any relatives or for any other person, whether claiming to be an heir of mine or not. B. The following definitions obtain in any use of the terms in this Will: 1. "Descendants" means the immediate and remote lawful, lineal descendants of the person referred to, and it means those descendants in being at the time they must be ascertained in order to give effect to the reference to them, whether they are born before or after my death or of any other person. The persons who take under this Will as Descendants shall take by right of representation, in accordance with the rule of per stirpes distribution and not in accordance with the rule of per capita distribution. Persons legally adopted when under the age of fourteen years shall not be differentiated from blood descendants for any purpose. 2. "Survive me" is to be construed to mean that the person referred to must survive me by thirty days. If the person referred to dies within thirty days of my death, the reference to him shall be construed as if he had failed to survive me. Page 1 of 7 Pages ~,~...,. ~~ __ _, ."a (_ 7 " ~ °`~: - •_-~, L: rJ .~ ~- 3. As us„d~~in this Will, the words "Executor," "he," him, his, and the like shall be taken as generic and applicable to a natural person of either sex or a corporate person or other legal entity. C. I have served in the Armed Forces of the United States. Therefore, I direct my Executor to consult the legal assistance office at the nearest military installation to ascertain if there are any benefits to which my dependents are entitled by virtue of my military affiliation at the time of my death. Regardless of my military status at the time of my death, I direct my Executor to consult with the nearest Veterans Administration and Social Security Administration office to ascertain if there are any benefits to which my dependents may be entitled. II PAYMENT OF DEBTS AND TAXES I direct my Executor to pay the following as soon after my death as may be practicable: 1. All of my just debts and the expenses of my last illness, funeral and of the administration of my estate; but my Executor need not accelerate and pay those unmatured obligations which, in his opinion it might be proper and more advantageous to retain or renew and pay as they become due and payable 2. All inheritance, transfer, estate and similar taxes (including interest and penalties) assessed or payable by reason of my death, on any property or interest in my estate for the purpose of computing takes. My Executor shall not require any beneficiary under this will to reimburse my estate for taxes paid on property passing under the terms of thi s Wi 11. III RESIDUARY ESTATE A. I define "my Residuary Estate" as all of my property after the payment of debts and taxes under Article II above, including real and personal property, whenever acquired by me, property as to which effective disposition i s not otherwise made i n thi s Wi 11, and property as to which I have an option to purchase or a reversionary interest. Page 2 of 7 Pages ~a,~.. ate. B. I give my Residuary Estate to my Spouse if she survives me. C. If my Spouse does not survive me, I direct my Executor to divide and distribute my Residuary Estate as follows: 1. if MELINDA MARGARET BOWKER has not reached the age of twenty-five years, one share of my Residuary Estate to my Trustee, in trust for the benefit of said Child, according to the directions stated in Article IV below; if MELINDA MARGARET BOWKER has reached the age of twenty-five years, then this share shall go to MELINDA MARGARET BOWKER; 2. if LEWIS WARREN BOWKER, III has not reached the age of twenty-five years, one share of my Residuary Estate to my Trustee, in trust for the benefit of said Child, according to the directions stated in Article IV below; if LEWIS WARREN BOWKER, III has reached the age of twenty-five years, then this share shall go to LEWIS WARREN BOWKER, III; 3. if any of my Children fail to survive me, then his share shall be distributed equally among his descendants; 4. It any of my Children fail to survive me and leaves no descendants, then his share shall be given to my Children who survive me, as set forth in subparagraphs 1, 2, and 3, D• If my Spouse does not survive me and none of my Children nor their descendants survive me, I direct my Executor to divide my Residuary Estate as follows: 1. twenty-five percent to ROBERT T. BOWKER of Richmond, Virginia or if he fails to survive me, to his descendants; 2. twenty-five percent to EDWARD H. BOWKER of Midland, Texas or if he fails to survive me, to his descendants; 3. twenty-five percent to SARAH DANISHEFSKY of New Haven, Connecticut or if she fails to survive me, to his descendants; 4. twenty-five percent to JOHN M. BOWKER of Meridian, Mississippi or if he fails to survive me, to his descendants. Page 3 of 7 Pages ~~ IV ADMINISTRATION OF TRUST A. The primary purpose of these trusts is the support, maintenance, welfare and education of my Minor Children. To that end, the Trustee may accumulate and add to principal the income from principal to the extent permitted by law and shall pay or apply such income as the Trustee elects not to accumulate to or for the use of my Minor Children until the termination of the trust. B. In carrying out the purpose of these trusts, the Trustee may distribute income and principal directly to my Children, if authorized by law, or to the Guardian or to a person with whom the Children reside, or on behalf of my Children to any other person. Any and all payment or payments of any sum or sums, whether in cash or in kind and whether from principal or income, payable to or on behalf of my Children, shall be made upon the sole receipt of the respective individual to whom the payment is made, and free from anticipation, alienation, assignment, and pledge, and free from control by the creditors of any such Children, and shall not be subject to any execution or attachment. C. I do not wish to create, or permit to exist, uneconomical arrangements of more harm than benefit to my Children. Whenever, in the Trustee's good. business judgment, a trust shall no longer make good economical sense (presumably because of its small size) in light of my Children's best interests, the Trustee is authorized to take such steps, including terminating the trust and turning its assets over to my Children or their Guardian, as he shall deem in my Children's best interest. D. The powers the Trustee may exercise in carrying out the purpose of this trust are set forth in Article VIII below. E. Upon twenty-fifth birthday of the beneficiary of any trust established under this will, or upon his death, whichever event is the first to occur, the trust shall terminate and the Trustee shall distribute the remainder of the principal and accumulated income to the beneficiary if he is then living. If the beneficiary is no longer living, the Trustee shall distribute the remainder in accordance with Article III above. V APPOINTMENT OF TRUSTEE I appoint EDWARD H. BOWKER currently of Midland, Texas, and ROBERT T. BOWKER, currently of Richmond, Virginia, as Joint Trustee of any trust established under this Will. I request that the Trustee not be required to furnish bond or securities. Page 4 of 7 Pages ~ ~~~ ~6~~ . ~`- VI GUARDIAN If my Spouse does not survive me and it is necessary to appoint a Guardian for any one or more of my Children, I nominate ROBERT T. BOWRER of Richmond, Virginia, as Guardian of the person and property of each of my Children who requires a Guardian. If ROBERT T. BOWRER is unable or unwilling to serve as Guardian, I nominate EDWARD H. BOWRER of Midland, Texas, to serve instead. I request that no sureties be required on the bond of a Guardian appointed under this article. VII APPOINTMENT OF EXECUTOR I nominate and appoint my Spouse, DOROTHY ELINOR ETHEREDGE BOWKER, as Executor of this my LAST WILL AND TESTAMENT. If DOROTHY ELINOR ETHEREDGE BOWKER is unable or unwilling to serve in this capacity, I appoint EDWARD H. BOWKER of Midland, Texas to serve instead. I request that my Executor be permitted to serve without bond or surety thereon. VIII POWERS OF FIDUCIARIES My Executor and Trustee shall have the following powers, which are to be construed in the broadest manner consistent with the validity of this Will and with their duties as fiduciaries. The powers stated herein are not intended to be exclusive, but shall be in addition to those granted by law and shall also pertain to any administrators or trustees who succeed the fiduciaries I have appointed in Article V and VII above. These powers are: 1. to take possession of property, to keep it safely, and to segregate it from other property owned or held by the f i duci ary; 2. to retain and to invest in property, or an undivided interest in property, including residential real estate, for any period, whether or not the property be of the character permissible for investment by fiduciaries; 3. to sell, transfer, exchange, lease, rent, mortgage, pledge, give options upon, partition and otherwise dispose of real or personal property, at private or public sale, for cash or upon whatever terms the fiduciary deems advisable, without notice or order of court; Page 5 of 7 Pages 4, to render liquid my estate, in whole or in part, and to hold cash or readily marketable securities of little or no yield for such period as my fiduciary deems advisable; 5. to borrow in the name of my estate or of the trust, upon whatever terms and conditions and for whatever periods my fiduciary deems advisable for the purpose of preserving, protecting or improving property held by him; 6. to pay, compromise, adjust, settle, compound, renew or abandon claims held by my fiduciary and claims asserted against my fiduciary, on whatever terms he deems advisable, without prior court authority; 7, to distribute in cash or in kind, or partly in cash and partly in kind, in divided or undivided interests, notwithstanding the fact that distributive shares may as a result be composed differently; 8, to insure the property he holds as fiduciary against the risks, and in the amounts he, in his discretion, deems expedient, and to obtain and pay for life, health, liability and other forms of insurance for the beneficiaries of the trust, in his discretion; 9. to employ attorneys, accountants, investment advisors and other professional assistants including depositaries, proxies, agents, and appraisers; 10, to enter into transactions with other fiduciaries including executors or trustees of estates and trusts in which my beneficiaries have an interest, and including him as fiduciary for other estates and trusts; 11, to engage in the powers necessary to the effective administration of corporate securities, including, without limiting the generality of thi s power : a• power to vote in person or by proxy upon all securities held by the fiduciary; b. power to engage in a voting trust or voting agreement with respect to securities; c. power to consent or become a party to, or participate in, mergers, consolidation, sales of assets, recapitalization, reorganizations, dissolutions or other alterations of corporate structure, including adjustments in capital structure affecting securities held by the fiduciary, whether or not these adjustments involve payments by or to the fiduciary; and Page 6 of 7 Pages F '~~ d. power to hold securities in unregistered form or in the name of a nominee; 12, to pay himself reasonable compensation for his services. IX MEMORANDUM I have made, or may from time to time make, a written memoran- dum expressing my desire to give certain items of personal pro- perty to specific persons. I urge my Executor and beneficiaries to respect these wishes. Such a memorandum, if made, shall be stored in conjunction with this Will. IN WITNESS WHEREOF, I have at Carlisle Barracks, Pennsylvania, this ~7 ~ ay of _~i,1, ~ _~ 1989, set m han --~-- y d and seal to this my LAST WILL AND TESTAMENT consisting of seven (7) typewritten pages. ~Y~ ~6~~,, EAL L WIS WARREN BOWRER, JR., ) Testator Signed, sealed, published and declared by the Testator, LEWIS WARREN BOWRER, JR., as and for his LAST WILL AND TESTAMENT, in the presence of us, who, at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses. NAME ADDRESS r~ •~ ,~ tt a„ ~ to z.q ~ I~.~L Co.y ; s ~P Pl~ t / ~,r Page 7 of 7 Pages Acknowledgment COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF CUMBERLAND ) I, LEWIS WARREN BOWKER, JR., Testator, whose name is signed to the attached or 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 for the purposes therein expressed. Sworn or affirmed to and acknowledged before me, by LEWIS WARREN BOWRER, JR., the Testator, this ~'kday of ~c~.i~ 1989. ~, / Q ~~ G/~G~~rit.c-ri ~B~L~vLL-~ ~ LEWIS WARREN BOWKER, JR. testator ~ (SEAL) w~NOw ~. Nay hiNs tt.~ua. ~«..~, c~«1~.~ ea,..~, Af f i day ~ ~ ~'" ~`~ ~ ~ COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF CUMBERLAND ) we, - i~ ,.~x c~,~:-~!Ca ~_~.. and ESTER G~i2~c the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator sign and execute the instrument as his Last Will; that LEWIS WARREN BOWKER, JR., 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 the Testator signed the will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed to before me by G'- and ~-S'7+'E'~ 6 ~ 2 G,t witnesses, this ~~~ day of ~ ~~ , lggg, ' WIT SS _ -~ (SEAL) WITNE - ~ NOTARI/!L SELL 5 WKNOA K. H~N1ER, tier ~~ NO ARY PUBL Ctr11~~ br~h, Gw~u~ ~~ wiy C~n+~U~lea t~cpira Oshia ~,