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HomeMy WebLinkAbout05-05-11PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA File Number ~_ Estate of ~,QRIS W DAVI also known as ,, a~~d~ o~S ,Deceased Social Security Number Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' OR 'B' BELOW.) A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the FXEGUTRIX named in the last Will of the Decedent dated 1/712010 and codicil(s) dated NO - (State relevant circumstances, e.g., renunciation, death of 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, was never adjudicated incapacitated, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as provided in 23 PA C.S. section 3323 (g): B. Grant of Letters of Administration (If applicable, enter: c. t. a.; d.b.n.c.t.a.; pendente liter durante ribsentia; durante minor•itate) Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) ar~drheirs: (If Administration, c. t. a. ord. b. n. c.t.a., enter date of Will in Section A above and complete list of heirs.) C~ ~~.~~ Re ~'l T ~ _~ ;~-~ ~~ ~~ _.~ < 1 C7 c~ -~-~ .~ _,. `~ _ _.. .. r. ry :__. ==-. :- , ~ ~'~_ -~, _.^ s.. (COMPLETE IN ALL CASES:) Attach additio-tal sheets if ~:ecessary. Decedent was domiciled at death in CUMBERLAND County, Pennsylvania, with his /her last principal residence at MECHANICSB:,'R~= PA 17055 2039 HARVEST DR IVE UPPER ALLEN TWP (List street address, town/city, toxmship, county, state, zrp code) Decedent, then ~~ years of age, died on 312612011 at - pA 17055 20 HARVEST DRIVE MECHANI B Decedent at death owned property with estimated values as follows: (lf domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Persona] property in County Value of real estate in Pennsylvania NONE $ 6.000.00 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 fonn to the undersigned: Signature Typed or printed name a.nd residence EDITH M. DAVIES Page 1 of 2 Fo-•-n RW-02 rev. 10.13.06 Oath of Personal Representative COMMONWEALTH OF PENNSYLVANIA ; SS COUNTY OF ~~ ~""Q~Qi er~p 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, P'etitioner(s) will well and truly administer the estate according to law. Sworn to or affirmed and subscribed w~h before me the /. day of /L,®~ , ( .. r, / j / ~, ` ~ o.rl,i For the Register ~~~~ r~ . ~~~~ Signature of Personal Representative EDITH M. DAVIES Signature of Personal Representative Signature of Personal Representative ' `'TC7 -~~ ~ m ~G'~ =~~~~ ~~-- ~~;, i CTS -U File Number: 21 ~ ~~"' ~~.~ c~ Estate of EDRIS W DAVIES ,Deceased .a~ -;" ; ,~-~ ~ = _~ ~~i_i~ -- r.~ fT.....~ c,~ a Social Secu 'ty Number:193241978 / Date of Death: 312612011 AND NOW ~ ~~J ~ , in consideration of the foregoing Petition, satisfactory proof , having been presented before me, IT IS DECREED that Letters TESTAMENTARY are hereby granted to EDITH M DAVIES --- in the above estate and that the instrument(s) dated 11712010 - -- described in the Petition be admitted to probate and filed of record as she last Will (1d Codicil(s)) of D~edent. /) ~ } // FEES ~ ~ ~ ~ ~ u_.c.~.~.- : ..~..` ,•-, .._- _ - - - ad Register of 6[~ills }' Letters ............................. $ °' Short Certificate(s) • • ~ • • • • • $ ~ Attorney Signature: '~ z . ~ en n ation(s) ................ $ MU-~-R --~~, r ~• $ ~ ,~j Attorney Name: • • • $ '' -~ Supreme Court I.D. No.: 2484 $ Address: 54 E MAIN STREET •••• $ MECHAPJICSBUR .... $ $ ~ 17055 .... $ 717717_697697-d~50 $ Telephone: TOTAL ............................. $ Fa•m RtiV-02 rein. 10.13.06 Page 2 of 2 i ~ l - 4 .1..' ~ .E .~, . `~ LAST WILL AND TESTAMENT c~ ~.~ -~~~ _=~. ~ : ~~ ~.4 :,~ ~. i ~.. ~ . BE IT REMEMBERED THAT I, EDRIS W. DAVIES, a resident of Cumberland County, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this to be my LAST WILL AND TESTAMENT, herek~y revoking any and all Wills and Codicils previously made by me. I I declare that I am married to EDITH M. DAVIES, send that I have two children, DAVID E. DAVIES and EDRIS A. DAVIES anc~ four stepchildren, CHERYL A. HANSELMAN, CARYL EASTON, LYNDA ARMSTRONG and JOHN P. LUFT. II I direct that all my just debts and funeral expenses shall be paid from my residuary estate as soon as practicable after my decease. III I direct that all taxes that may be assessed in conse~~uence of my death, of whatever nature and by whatever jurisdiction imposed,, shall be paid from my residuary estate as a part of the expense of the administration of my estate. IV I give, devise and bequeath all my property, whether real or personal, wherever situate, including any property over which I m;ay have a power of appointment to my wife, EDITH M. DAVIES, provided that she survives me by thirty (30) days. V If my wife, EDITH M. DAVIES, shall predecease or fail to survive me by thirty (30) days, I give, devise and bequeath all of my property, whether real or personal, wherever situate, including any property over v~~hich I may have a power of appointment, as follows: Sixteen and two-third Percent (16.67%) to my son, DAVID E. DAVIES, per stirpes. Sixteen and two-third Percent (16.67%) to my son, EI)RIS A. DAVIES, per stirpes. Eight and one-Third Percent (8.33%) to my grandson,, SCOTT E. DAVIES, JR., pursuant to the terms of the hereinafter included 'Trust. Eight and one-third Percent (8.33%) to my grandson, MICHAEL A. DAVIES, pursuant to the terms of the hereinafter included Trust. Twelve and one-half Percent (12.5%) to my stepdaughter, CHERYL A. HANSELMAN, per stirpes. Twelve and one-half percent (12.5%) to my stepdaughl:er, CARYL EASTON, per stirpes. Twelve and one-half percent (12.5%) to my stepdaughter, LYNDA ARMSTRONG, per stirpes. Twelve and one-half percent (12.5%) to my stepson, JOHN P. LUFT, per stirpes. VI TRUST I appoint my sons, DAVID E. DAVIES and EDRIS A. ]NAVIES, as Trustees of the property that I have given to my grandsons. If either is unable or unwilling to act as Trustee, then the other may act alone as Trustee. A. The assets that are transferred to the Trust shall be divided into approximately equal shares for each of my grandsons under the age of thirty (30) years of age. B. The Trust estate shall be administered until each grandson reaches the age of thirty (30) years. Until that time, the Trustee shall apply all net income and principal of the Trust estate as follows: 1) So long as my grandson is under the age ~~f thirty (30) years of age, the net income of the Trust shall be Laid to or applied for the benefit of my grandsons at such times and in such amounts as the Trustees shall in thf:ir discretion deem necessary for his support, welfare, maintenance and education. Education shall be defined broadly to include not only that available in college, but also trade school and other similar training. In the event that tie income shall be insufficient to provide my grandso~zs with adequate maintenance, support, welfare or education, the Trustees may invade the principal of this Trust for this ~-urpose. 2) The Trustees, in exercising their discretionary authority with respect to the payment of income or principal of the Trust estate to my beneficiary, shall take int~~ consideration any income or other resources available to my grandsons from sources outside of this Trust that ma`,~ be known to the Trustees. The determination of the Trustees with respect to the necessity of making payments out of income or principal to my beneficiary shall be conclusive on a:ll persons howsoever interested in the Trust. 3) The Trustees shall accumulate and add to principal any net income of the Trust not paid out in accordance with the discretion hereinabove conferred on the Trustees. 4) In the event my grandson predeceases mc: or dies prior to the termination of this Trust, the interest of my grandson in the Trust shall cease, except that if he is survived by any children, then the Trustees shall pay net income of the Trust to or apply the same for the benefits of such children of my deceased grandson, in such amount or amounts as the Trustees in their sole discretion may determine for support, welfare and maintenance. C. Interest or dividends received by the Trust shall be distributed on an annual basis to my grandsons. D. When my grandsons reach the age of thirty (30) years, a calculation of the property remaining in the Trust shall be made and the total thereof shall be distributed to him. E. My grandson, as beneficiary of this Trust, shall ~zot have any right to alienate, encumber, or hypothecate his interest in the principal or income of the Trust in any manner, nor shall any interest be subject to cl;~ims of his creditors or liable to attachment, execution or other process of law. F. In order to carry out the purposes of this Trust established by this Will, the Trustees, in addition to all other powers granted bar this Will or by law, shall have the following powers over the Trust estate, subj~°ct to any limitation specified elsewhere in this Will: 1) To retain any property received by the Trustees estate for as long as the Trustees consider it advisa~-le. 2) To spend funds for the maintenance and repair of real property. 3) To sell at public or private sale, exchange or lease for a period of time any real or personal property and give options for sale of the lease. 4) To execute and deliver any deeds, leases, ~issignments or other instruments as may be necessary to carry out the provisions of this Trust. 5) To borrow money and to mortgage or pled€;e any real or personal property. 6) The Trustees shall maintain accurate records and accounts and shall render statements to my beneficiary hereunder showing receipts and disbursements of principal and income no less frequently than annually. 'The Trustees shall serve without bond and shall receive fair and reasonable compensation for administration of this Trust, not to exceed five (5%) percent of annual income. 7) To distribute property in kind. 8) To do all other acts that are in his judgment necessary or desirable for the proper management, investment and distribution of the Trust estate. VI I nominate, constitute and appoint my wife, EDITH M. DAMES, as Executrix of this LAST WILL, to serve without bond. If my wife is unable or unwilling to act in that capacity, then I nominate, constitute and appoint my sons, DAVID E. DAMES and EDRIS A. DAMES as Co-Exf~cutors of this LAST WILL, to serve without bond. IN WITNESS WHEREOF, I, EDRIS W. DAMES, have set my hand to this LAST WILL this 7~ day of January, 2010. ~-rt ,, ~? ` ~. E RIS W. DAME;S Signed, sealed, published and declared by the above-named EDRIS W. DAMES, as and for his Last Will and Testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. ~ ,. r f' f,; ~ f V' ~,. / V ~ 1~ f n 3 .~~ / ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. I, EDRIS W. DAVIES, 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 as my free and voluntary act for the purposes therein expressed. DRIS W. AVIE;S Sworn or affirmed to Testator, this ~'7~-- and acknowledged before me by EDRIS W. DAVIES, day of ~Gvy~,,~Q.~. , 2010. (,.~.._ ~ ~ ~- Notary Public NOTARIAL SEAL Dl~~NE M SMITH Notary Public MECHANICSBURG 80R0, CUMBERLAND CNN My Commission Expires Jun 22, 2012 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. ,. We, U fP~~~ ~~ ~~ ~ ~"~~~~_ and oSe mA~.;~, : ~~H,~ , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say thhat we were present and saw Testator sign and execute the instrument as his LAST WILL, that EDRIS W. DAVIES 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 Testator signed the Will as witnesses; and that to the best of our knowledge, the Testator was at the time 18 years of age or more, of sound ,mind ~ ~ under no constraint or undue influence. G ;:. ~ / 11 ~A fY/A~J Sworn or affirmed to and acknowledged before me this 7~ day of January, 2010. f/_... Notary Public NOTARIAL SEAL DIANE M SMITH Notary Public MECHANlCSBURG BORO, CUMBERLAND CNN My Commission Expires Jun 22, 2012