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HomeMy WebLinkAbout03-25-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSY~V~IA Estate of Grad L. Er~nizer ESTATE NO: 21-11- also known as ecease SS NO: Petitioner(s) who is/are 18 years of age or older, apply(ies) for: [X] A. Probate and Grant of Letters Testamentary or Administration c.t.a., d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) islare entitled to the aforementioned Letters Testaments under the last Will of the above-named Decedent dated: November 13, 2009 co is to N/A (state re evenat circumstances, e.g. renunciation, ea 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 instn~ment(s) offered for probate, was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding: at the time of death wherein grounds for divorce had been established as defined in 23 Pa.C.S.A. §3323(8): No Exceiptions [ ] B. Grant of letters of Administration (If'applicab a enter: .n.; pen ente ite; urante sentia; urante minoritate) C. 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.); was not the victim of a killing;was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in 23 Pa.C.S.A. ~3323(g), excpect as follows: Decedent then 81 years of age died 3/20/ 11 at 7829 Wentzville Road 250,000.00 Estimated value of decedent's property at death: (If' domiciled in Pa.) (Il' not domiciled in Pa.) (Il' not domiciled in Pa.) Value of real estate in Pennsylvania 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: name ana res rsarpara ~. rv uuer a3c~~ ~^ °~ 5 ~~-` 129 West Middlesex Drive, Carlisle, PA 17013 ~_ :~~ ~_~-, .z c~ .:~ ,. ,.._ ~.~ J~ _.. `,_ ~ 1 J ~~ ~~~ ~i _ .. . ...._ ~..-_, Page 1 of 2 USE ADDITIONAL SHEETS IF NECESSARY THIS SECTION MUST BE COMPLETED: Decedent was domiciled at death in Cumberland County, Pennsylvania with his/her last principal residence at_ 7829 Wertzville Road, Carlisle, PA 17013 (Middlesex Township, Cumberland County) ( ist street ress, townTcity, towns ip, county, state, zip co e) OATH OF PERSONAL REPRESENTATIVE COMMONWEATLH OF PENNSYLVANIA COUNTY OF CUMBERLAND The petitioner(s) above-named swear(s) or affirm(s) that the statement in the foregoing peition are true and corn 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 affirm d and s bscribed before me this „~~Ch ;Z,(~ i ~ ,, ~ J ) ' For the egister ~' j~c~.;,,, ~~.: ~ S. ~ ~-~-~-~-~-~ Barbara S. Wilber ~ ~ ~ 1- r~,~ t~ ~ ~' File Number: ~ _.. , ~;.~ ~~-r Estate Of Grace L. Brenizer T .. ~ , --~ --7-- Deceased:: • ~ `,.; ~, ~.:~ ~~~ ~_ Social Security Number: 6 Date of Death 3/20/11 r AND NOW ,~'J , 20 ~ I in consideration of the Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Barbara S. Wilber and that the instrument(s) dated November 13, 2009 described in thte Petition to be admitted to probate and filed of record as the las Will (and Codic:il(s) of Decedent) FEES r !/ r~ Signature ~/ ,>`~ _~~_ ~/~ Attorney Name Robert G. Frey ` Letters ~ i ' C'~' Short Certificates Sup. Ct. I.D. No Renu~ ' ation _ ~ ~ (~ Address: CS ~Utv .v~ Telephone: ToTa.~..... j} 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 in the above estate Page2of2 __ __ _ __ _ ~-.. (-~ OATH OF SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Grace L. Brenizer , Deceased Robert G. Frey and Sharon J. DeVos , (each) a subsribing witness to the [X] Will [] Codicil presented herewith, (each) being duly qualified according to law, depose(s) say(s) that she / he /they was /were present and saw the above Testator / Tesatrix sign 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/,pf each other. ~ ./ .h 6 / V i (Si nature ~}~~ ~(~ ~~ g ) Signature) 5 South Hanover Street (Street Address) 5 South Hanover Street (Street Address) Carlilsle, PA 17013 (City, State, Zip) Executed in Register's Office Sworn to or affi d and subscribed before .his Y ^~h day of _, 20 '/~ ~ ~ D utv for Register of Wills Carlilsle, PA 17013 (City, State, Zip) Executed out ofRegister's Office Sworn to or affi and~ubscrbed bef e this ~ ~ day y of ~~, 20 ,~ ~- ~. tary Public y Commission Expirees: (Signature and Seal of Notary or other offical 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, C7 .::. ~ . ' :~ " r_.r~n = ~ ~ ,: ,,-z ;r_~ . .., , . ~ - .~ r ~ , ._._ -. __ ~ „Y 4 i '. J E.. .. ~~_ ~~ ~-` , ~i LAST WILL AND TESTAMENT OF ~~ ~? .~ GRACE L. BRENIZER , ~ ~ rn ~,.,~ - :: t:J:i ~ ~-{ j ---~! ~ -.y ,_ I, GRACE L. BRENIZER, widow, of Middlesex Township (mailing add~-~:T; 78~9~~ Wertzville Road, Carlisle, PA 17013), Cumberland County, Pennsylvania, being ©f°~~und arm ,.~.: disposing mind, memory and understanding, do hereby make, publish and declare tl as and fir„ ~~~ -- my Last Will and Testament hereby revoking and making void any and all Wills by me at arty time heretofore made. 1. I direct my hereinafter-named Executor to pay all of my just debts and funeral expenses as soon after my death as may be found convenient to do so. I direct that my funeral services be conducted by Hoffman-Roth Funeral Home, 219 North Hanover Street, Carlisle, Pennsylvania, in a manner substantially similar to the arrangements which I made for my husband Clarence Brenizer who died on April 13, 2008, and that my body be interred beside his on our burial lot located in Cumberland Valley Memorial Gardens located along Governor Ritner Highway, near the Borough of Carlisle, Pennsylvania. I bring to the attention of my Executor that I have pre-paid various funeral expenses including grave opening, casket and vault to Cumberland Valley Memorial Gardens. 2. I direct that all inheritance, transfer, succession, estate and death taxes, including interest and penalties thereon, which may be payable on account of my death shall be paid from the residue of my estate regardless of whether the assets upon which such taxes are based are included in my probate estate. 3. I give and bequeath the sum of $5,000.00 to each grandchild as shall survive me by a period of ninety (90) days, but should any grandchild of mine fail to so survive me, the share that person would have otherwise received shall lapse and be added to the remainder of my estate. At the present time I have five (5) grandchildren, they being Robbin Vioral, Andrew Brenizer, Shari Brenizer, Chad Wert, and Jama Wert. 4. All of the rest, residue and remainder of my estate, real, personal and mixed, and wheresoever the same may be situate, I give, devise and bequeath to my daughter BARBARA S. WILLIER, her heirs and assigns, of 129 West Middlesex Drive, Carlisle, PA 17013, provided she shall survive me by a period of ninety (90) days, but should she fail to so survive me, then to such of her two children as shall survive me by a period of ninety (90) days, their heirs and assigns, per stirpes. 5. I hereby nominate, constitute and appoint my daughter, BARBARA S. WILLIER, as Executor of this my Last Will and Testament, but should she predecease me or fail to qualify or cease serving as such, then in such event I nominate, constitute and appoint her son, CHAD WERT as alternate or successor Executor, and I further direct that neither of them shall be required to post any bond to secure the faithful performance of his or her duties in the Commonwealth of Pennsylvania or in any other jurisdiction. 6. In addition to the powers conferred by law, my hereinbefore named Executors and Trustees and their successors are empowered: a. To invest any part of the trust corpus in such securities, investments, or other property as may be deemed advisable and proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. b. With respect to any corporation, the stocks, bonds, or other securities of which may be held, to vote in person or by proxy on any shares of stock; to consent to the merger, consolidation or reorganization of such corporations; to consent to the leasing, mortgaging or sale of the property of any such corporations; to make any surrender-, exchange or substitution of such stocks, bonds or other securities as an incident to the merger, consolidation or reorganization of such corporations; to pay all assessments, subscriptions and other sums of money which may be deemed wise and expedient for the protection and maintenance of the proportionate interest of the investment in such corporations; to exercise any option or privilege which may be conferred upon the holders of such stocks, bonds, or other securities of such corporations either for the conversion of the same into other securities or for the purchase of additional securities, and to make any and all necessary payments which may be required in C^ ~~. D . ~ ,~, , connection therewith; and generally to have and exercise as to all such stocks, bonds and other securities, the powers of an individual owner who is not under trust obligation. c. To hold the trust corpus in one or more consolidated funds in which separate shares shall have undivided interests. d. To sell at public or private sale for cash or upon credit, or partly for cash and partly on credit, and upon such terms and conditions as shall be deemed proper, any part or parts of the estate, and no purchaser at any such sale shall be bound to inquire into the expediency or propriety of any such sale or to see to the application of the purchase moneys arising therefrom. e. To keep on hand and uninvested such money as may be deemed proper and for such period as may be found expedient. f. To compromise, settle or arbitrate any claim or demand in favor of or against the trust estate. g. And authorized in the discharge of fiduciary duties, to employ counsel and to determine and to pay such counsel reasonable compensation which shall be charged against the principal or income of the trust fund, and shall further be entitled to charge against the principal or income such other reasonable expenses and charges as may be necessary and proper to incur for the proper discharge of fiduciary duties and for the proper management and administration of the trust estate. h. In making any division of property into shares for the purpose of any distribution thereof directed by the provisions of the trust, to make such division or distribution, either in cash or in kind, or partly in cash and partly in kind, as shall be deemed most expedient, and in making any division or distribution in kind may allot any specific security or property or any undivided interest therein to any one or more of such shares, and to that end may appraise any or all of the property so to be allotted and the judgment as to the propriety of such allotment and as to the relative value for purposes of distribution of the securities or property so allotted shall be final and conclusive upon all persons interested in the trust or in the division or distribution Chereof. i. And authorized to register any shares of stock or other assets of any trust in their own names or in the name of a nominee. j. To retain and invest in shares of stock of my Trustee. k. To retain any investments including mutual funds which I may own at the, time of my death and in addition to invest any part of the Trust corpus in such mutual fund or mutual funds as may be deemed advisable or proper, irrespective of whether the same are authorized for the investment of trust funds under the laws of any governing jurisdiction. 1. To determine from time to time whether all or some portion of realized capital gains shall be treated as ordinary income for distribution to a beneficiary or treated as principal to be retained as part of the corpus, and such designation need not be consistent from one year to another. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament written on three (3) pages, this 13th day of November, 209. ,%' ~- ~ ~ .~~ ~.,_ ,,' ~...,~r..,u.~~ (SEAL) ,- GRACE L. BRENIZER~ Signed, sealed, published, and declared by GRACE L. BRENIZER, the Testatrix above named, as and for her Last Will and Testament, in our presence, who, in her presence, at her request, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. B- 1 . ~` `C