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HomeMy WebLinkAbout03-0210 PETITION FOR PROBATE and 'h ,Sstate oS' ,-,,,I,1 O. No. also known as / -- To: GRANT OF LETTERS Deceased. Social Security No. ] ~ ~ - ] ~- -- z_/ 5l ,T ~ The petition of the undersigned respectfully represents that: Your petitioner(s), who is/are 1 8 years of age or older an the execut ?) V in the last will of the above decedent, dated ~t~ t,j ] ~ 1' and codicil(s) dated Register of Wills for the County of~_/_]/2J/:~ ~/OO~_~) in the Commonwealth of Pennsylvania named h (state relevant circumstances, e.g. renunciation, death of executor, etc.) De. cendent was domiciled at death in Q U~ v,~ }o~ ri ~ h~- County, Pennsylvania, with last family or, nrincipal residence at~ I14 y 0 [9 /3~ ~ L o,,,..~, I-f,-II ..... Decqndent, then at .[q.n va<z.. (list street, number and muncipality) g)' Ox years of age, died ~51~,~, / 0 ~ {3 0 ~ Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted .after execution oI~h~ill offered for probate; was not the victim of a killing and was never adjudicated ~ncompetent: . o . Decendent at death owned property with estimated values as follows: (If domiciled in Pa.) All personal property $ (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: WHEREFORE, petitioner(s) respectfully r~eque,st(s) the.,Erobate of the last will and codicil(s) presented herewith and the grant of letters '7'- e s I'B ~ ,~ 7-o, ~ (testamentary; admihistration c.t.a.; administration d.b.n.c.t.a.) theron. OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~.Y/2~z~g~_7~ 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 represen- tative(s) of the above decedent petitioner(s) will'x x~ell~l~na trund truly administerp. ,~ the estate according to law. Sworn to or affirj~!g~and subscribed before me this ~ / day of /c,' ~" No. 21-03-210 Estate Of DONALD D. BOYER , Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW MARCH 6th I~2003 , in consideration of the petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated AUGUST 19th~ 2002 described therein be admitted to probate and filed of record as the last will of DONAIJ3 D. BOYER ; and Letters TESTAMENTARY are hereby granted to JANE G. BOYER , // Register of Wills FEES Probate, Letters, Etc .......... $ 40.00 Short Certificates(1 ) .......... $. 3.00 R~/mYefcY.~ EXTRA .P. AGE~ .6. $18.00 JCP $10.00 TOTAL $ 71.00 Filed . .MAKCH. 6~:lx,.. 200.3 ............... ATTORNEY (Sup. Ct. I.D. No.) ADDRESS PHONE MAILED LETTERS TO EXECUTRIX MARCH 7th, 2003 I, DONALD D. BOYER, of Camp Hill Borough, Cumberland County, Pennsylvania, declare this to be my last will and revoke any will previously made by me. ITEM I. I direct that all my just debts and funeral expenses, including my gravemarker and all expenses of my last illness, and any and all taxes and assessments imposed by any governmental body as a result of my death, whether on property passing under this will or otherwise, shall be paid from my residuary estate as soon as practicable after my decease as a part of the expense of the administration of my estate. ITEM II. I give and bequeath all of my household goods, automobiles, jewelry, and all other articles of household and personal use, equipment and ornament, together with all insurance thereon and relating thereto, to my wife, JANE G. BOYER, provided she survives my death by thirty (30) days. Should my said wife predecease me or be deceased on the thirty-first day after my death, I give and bequeath all such items and insurance thereon to those of my issue, per stirpes, as survive my death by thirty (30) days. ITEM III. I give, devise, and bequeath all the rest, residue, and remainder of my possessions and estate of every nature and wherever situate to my wife, JANE G. BOYER, provided she survives my death by thirty (30) days. Should my said wife predecease me or be deceased on the thirty-first day after my death, I give, devise, and bequeath all the rest, residue, and remainder of my possessions and estate of every nature and wherever situate to those of my issue, per stirpes, as survive my death by thirty (30) days. ITEM IV. Should any of my issue entitled to a share of my estate not have attained the age of twenty-five (25) years at the time for distribution to him or her, I devise and bequeath the share of such issue to my hereinafter named trustee, IN SEPARATE TRUSTS, to hold, manage, invest, and re-invest, the shares so received, and the accumulation of income thereon, and to use and apply from time to time such portion of income and principal thereof as my trustee thinks proper for the comfortable support, maintenance, health, welfare, and education of the issue or to make payment for such purposes, without further responsibility, directly to such issue, or directly to any person taking care of such issue. Any principal or income not so applied shall be distributed to such issue when he or she attains the age of twenty-five (25) years, or if he or she dies prior thereto, to his or her personal representative. ITEM V. I appoint my son, DAVID G. BOYER, Trustee of the trust or trusts created by this my last will. Should my son, David G. Boyer, predecease me or otherwise fail to qualify or cease to serve as Trustee, I appoint my son, JAMES L. BOYER, Trustee. In addition to the other powers and authorities granted to my trustee by Pennsylvania Law and by the preceding paragraph of this my last will, I hereby give my Trustee the following special powers and authorities: A. To retain any or all of the assets of my estate, real or personal (including any stock or securities of any corporate fiduciaries), without any regard to any principle of diversification, risk, or productivity; B. To invest and re-invest in all forms of property without restriction to investments authorized for Pennsylvania Fiduciaries, as my trustee deems proper, without regard to any principle of diversification, risk or productivity; C. To sell at public or private sale, to exchange 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 or conditions as my trustee deems proper and in the best interest of the beneficiary or beneficiaries of said trusts; D. To allocate receipts and expenses to principal or income or partly to each as my trustee from time to time deems proper in its sole discretion; E. To compromise any claim or controversy; F. To exercise any option, right, or privilege granted in insurance policies or in any other investments; G. My trustee may accumulate the income from this trust during the term thereof but may, from time to time, distribute from current income or from accumulated income or from principal such amounts as my trustee, in its sole discretion, deems advisable for the education, welfare, and comfort of the trust beneficiary. ITEM VI. All of the interests of the beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation nor shall they be subject to any execution or attachment. ITEM VII. I appoint my wife, JANE G. BOYER, executrix of this my last will. Should my said wife predecease me or otherwise fail to qualify or cease to serve as executrix of this my last will, I appoint my son, JAMES L. BOYER, Executor of this my last will. ITEM VIII. In addition to the other powers and authorities granted to my personal representatives by Pennsylvania law and by the other terms and provisions of this will, I hereby give to my personal representatives the following powers and authorities effective without court approval and until actual distribution of all property: to compromise any claim or controversy; to make distribution in cash or in kind, or partly in cash and partly in kind, and in such manner as my personal representatives may determine and at valuations finally to be fixed by them; to invest in all forms of property, including any stock or other securities in any corporate fiduciary or its successor without restriction to investments authorized for Pennsylvania fiduciaries, as my personal representatives deem proper, without regard to any principle of risk or diversification; to retain any or all assets of my estate, real or personal, without regard to any principle of risk or diversification; to sell at public or private sale, to exchange, 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 or conditions as my personal representatives deem proper; and to allocate receipts and expenses to principal or income or partly to each as my personal representatives deem proper in their sole discretion. ITEM IX. to give bond for the faithful performance of their duties in any jurisdiction. I direct that my personal representatives and fiduciaries shall not be required IN WITNESS WHEREOF, I have hereunto set my hand this ~ ~. ~q:~, ,2002. I q :~v~, dayof DONALD D. BOYER The preceding instrument, consisting of this and FIVE (5) other typewritten pages, each identified by the signature of the testator was on the date thereof signed, published, and declared by DONALD D; BOYER, the testator therein named, as and for his last will, in the presence of us, who at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses hereto. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ( SS: ) The undersigned, being the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, does hereby acknowledge that I signed and executed the foregoing 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. DONALD D-.-B'0~ER - , Sworn or affirmed to and acknowledged before,me by the t~itjatpr' named above this [(.,{ daf of [,~II ~..[~, ,2002. ~NDY $. C~, ~r~ ~ C ~~%EALTH OF PE~SYLVANIA ) (SS: ) COUNTY OF CUMBERLAND WE, qAc, e/c ~.O.r and 0[ t3 e-. 6',/ qv'~ , the witnesses whose names are signe~ t~ the a~ached or foregoing instrument, being duly ~alified according to law, do depose and say that we were present and saw the testator sign and execute the instrument as his last will; that he signed it willingly and that he executed it as his free and volunta~ act for the pu~oses therein expressed; that each of us in the hearing and sight of 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 sou~ mind, and under no constraint or undue influence. /~ .~~/ . Sworn or affirmed to and ( c~owledge~pfp~ me this ~ ~ay of I 1} ] [/~x ~002. N~tar~ Public /~ .......... 7 ................ , ATTORNEY AT LAW 00~ SOUTH 18TH STRI~ET GAI~P HILL. PENNSYLVANLA. 17011 CERTIFICATION OF NOTICE UNDER RULE 5.6(a) Name of Decedent: Date of Death: Will No. Admin. No. To the Register: I certify that notice of (beneficial interest) estate administration required by Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on ' Name Address ~llq Y.a_l~A~ H,'ll ]7ol/ Notice has now been given to all persons entitled thereto under Rule 5.6(a) except Date: [0 / ItI /13.~ Name c'q., ,,:,r.' Address ? "- ~::? ~ ' 'I ...... ~ Telephone Ct: ' ?3 t.~ Capacity: ersonal 7~7- qe~y Representative Counsel for personal representative 21-03-210 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 1/10/2005 BOYER JANE G 2119 YALE AVENUE CAMP HILL, PA 17011 RE: Estate of BOYER DONALD D File Number: 2003-00210 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in.the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO. 1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing will become delinquent on: 2/10/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Counsel Judge STATUS REPORT UNDER RULE 6.12 Name of Decedent: {jJ on Cl-/J D I o .2/ I U. () :-3 , B 0 1~ If Date of Death: Will No.: ~ CJ{?,":1 - 00.:2/6 Admin. No.: Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: L State whether administratiDn of the estate is complete: Yes"EJ No 0 2. lithe answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. lithe answer to No. 1 is Yes, state the following: a. Did th'jPersonal representative file a final account with the Court? Yes IL No 0 b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal ~esentative s. tate an account informally to the parties in interest? Yes ij.Ll No 0 c. Copies of receipts, releases, joinders and approval of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date:~ ,//q/~_ a. J 'fL. -k 74./ "/ Si~e ,-1 Q Y) ~ G~e; 'I" y Name ")"._ ..,;:.:....1',jiTJ I ~.:("('t, C' '"I\/'..I-!wQ .:.;,Jl !""..) J,I'IJ! UU -'~ >'\rJl" .JJ ,U:J d d, // 9 Y. q/ f: Au "'-.'1 Ad~ess C 0-. Yn. f H-) 1I . -.p Q, ) 7 (; f '1:3 7 - y' 137 Telephone No, ' o I :ZII,lJ ~ Z tll(f' SOOZ Capacity: !Zl Personal Reoresentative o Counsel for personal representatIve JO '4r)Uj(j (i]:''''r,IQfj:;l.J :.J ..;....."J '.J l...._..lo.JU IJ.,JU ;:;...