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HomeMy WebLinkAbout03-10-11 ~Q , ~y - ~ = n .~~~.~ ~, - _ ~~~~ :c~ c, ,_ ~ J 1. ~ („~ `'~~ ~-, -~~I BEFORE THE REGISTER OF WILLS OF D --~ cn CUMBERLAND COUNTY, PENNSYLVANIA "~ n..: IN RE: ESTATE OF: NO. 21- -2011 - "~~.(."o LEONA B. ARNOLD PETITION TO ADMIT A COPY OF THE ORIGINAL WILL TO PROBATE AND NOW, this l~~day of 4~c~ , 2011, comes the Petitioners, Richard B. Arnold, by attorney, Lynn G. Peterson, Esquire, and files this Petition for to Admit a Copy of the Original Will to probate whereof the following is a statement: 1. Petitioner, Richard B. Arnold is the son of the decedent, Leona B. Arnold who died on February 24, 2011 in Cumberland County, Pennsylvania. 2. Petitioner is an adult individual residing at 112 Hillside Drive, East Berlin, Pennsylvania 17316. 3. Petitioners other heirs of law are Arthur P. Arnold, son, and Carol A. Celander, daughter. 4. Decedent's spouse, Wiley E. Arnold predeceased her on April 21, 2006. 5. On March 5, 1997, Decedent executed a will consisting of what is known as a pourover will for the purpose of transferring assets to her Revocable Living Trust dated March 5, 1997. Decedent executed the will in the office of her attorney in Fulton County, Georgia, the county in which she resided at the time. A true and correct copy of the photocopy of the Last Will and Testament dated ~~~ March 5, 1997 is attached as Exhibit "A" to this Petition. Petitioner is named as the Personal Representative in the will. 6. Petitioner has made an exhaustive search of decedent's living place, her safe deposit box, his home, his safe deposit box and anywhere else that the original will might have been kept and has not been able to find the original will. 7. At no time prior to her death did decedent communicate with Petitioner regarding any revocation of the Last Will and Testament dated March 5, 1997. 8. The Revocable Living Trust names all of Decedent's heirs at law as the co- beneficiaries thereof. WHEREFORE, Petitioner respectfully requests that the Register of Wills admit the copy of the will of Leona B. Arnold dated March 5, 1997 to probate. Dated: ~i ~ Z~ ~ Respectfully submitted, Lynn G. Peterson, Esq. PETERSON & PETERSON 515 Carlisle Street Hanover, PA 17331 (717) 632-7171 I.D.# 67944 -3- VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Section 4904, relating to unsworn falsification to authorities. Date: ~ ~ ~ ~-`' ~+ Z ~ ~ l Richard B. Arnold Attorney: Lynn G. Peterson, Esq. PETERSON & PETERSON 515 Carlisle Street Hanover, PA 17331 -4- t LAST WILL AND TESTAMENT I, LEONA B. ARNOLD, of Atlanta, Georgia, being of sound mind and memory, do make, publish and declare this my Last Will and Testament, hereby revoking all former wills and codicils by me made. FIRST: I will and direct that all legally enforceable debts and funeral expenses be paid, whether or not such expenses are attributable to, property included in my probate estate. SECOND: I give, devise and bequeath all of the rest, residue and remainder of my estate and property, of whatever kind and wherever situated, owned by me at the time of my death to the trustee(s) of the ARNOLD TRUST DATED MARCH 5, 1997, to be added to the assets held in trust and administered by its terms, including any amendments made during my lifetime. If for any reason such distribution of the residue of my estate is ineffective, then I give such residue of my estate to the trustee(s) named in the ARNOLD TRUST DATED MARCH 5, 1997, to serve as trustee(s), to be held in a testamentary trust in accordance with the provisions of the ARNOLD TRUST DATED MARCH 5, 1997, including any amendments thereto made during my lifetime. THIRD: Iconstitute and appoint WILEY E. ARNOLD personal representative of this my Last Will and Testament. I authorize and empower my personal representative to sell, transfer and convey any and all of the property of my estate, real and personal, and to execute, acknowledge and deliver good and sufficient transfers and conveyances thereof without bond. If WILEY E. ARNOLD is unable or unwilling to serve as personal representative, Iconstitute and appoint RICHARD B. ARNOLD as personal representative, to serve with all rights and responsibilities given to the original personal representative(s). If RICHARD B. ARNOLD is unable or unwilling to serve as personal representative, Iconstitute and appoint ARTHUR A. Exhibit A ~~.~.. Page 2, Last Will and Testament of LEONA B. ARNOLD ARNOLD as personal representative, to serve with all rights and responsibilities given to the original personal representative(s). If ARTHUR P. ARNOLD is unable or unwilling to serve as personal representative, Iconstitute and appoint CAROL A. CELANDER as personal representative, to serve with all rights and responsibilities given to the original personal representative(s). IN WITNESS WHEREOF, I have hereunto set my hand and seal this 5th day of March, 1997. ~~-y-,-.-~~i/ ,J Kai-~--(~ LEONA B. ARNOLD STATE OF GEORGIA SS: COUNTY OF FULTON ~ ~rt.v Witn s Witness Subscribed, sworn to and acknowledged before me by LEONA B. ARNOLD, the testatrix, and subscribed and sworn to before me by S ~ ~'' : ~ y ~ ~~~~ and _ ~ ~ ~ ~ ~E Gti' , ?~_ ,witnesses, this 5th day ~f ~/~9~ lic im scion 07/09% r~ ~~ .'~ ,-r,, •• .• .~: ~ ; ~~~ .,r • • V SELF_PROVED AFFIDAVIT STATE OF GEORGI COUNTY OF I, LEONA B. ARNOLD, Testatrix, and S c~~ ~ P ((~ ~ ~ ~~' and (~ p~,-~ ~-~%c~-"~ -~,, (Witnesses), respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as the Testatrix' Last Will, that the Testatrix signed it willingly or directed another to sign it for the Testatrix, that it was executed as a free and voluntary act for the purposes therein expressed, and that each of the Witnesses, in the presence and hearing of the Testatrix, signed the will as Witnesses, and that to the best of their knowledge the Testatrix was at the time 14 or more years of age, of sound mind and under no constraint or undue influence. ~~ LEONA B. ARNOLD, Testatrix r ~. ~~ . Witness re Witness Name (Printed) _~ Witness Signatur /Lo ~ ~~T' /! ~~ C Cam- , ~~, Witness Name (Printed) Subscribed, sworn to and acknowledged before me by LEONA B. ARNOLD, the Testatrix, and subscribed and sworn to before me by f ~c 5 y o ~ P, ~ ~ ~ ~ ~ p~ and ~ oraC-"~t T !1-c:"t~cc" ,Witnesses, this ~ day of Mar ~h~ 1997. ~T •G~.~ . ~A~~ t„1'~+ ""~~Iigq<~~'" Ps3:1iG, FE~n cry' 1VIy Commission Expires: won ~rese ~~+Y e~ t