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.)
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(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
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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.
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Local Registrar Date Issued
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TYPE / PRSly S1
PERMANENT CERTIFICATE OF DEATH
eucK ~ (See InsVUCtbns and examples on reverse)
STATE FILE NUMBER
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Lewis W. Bowker Jr. x. Se:
Male a sour Sandy Number
426 -66 - 8650 4. Dab a Deem IMadh, M• veal
8/22/2010
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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~
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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.
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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
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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
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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 ~,