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HomeMy WebLinkAbout05-17-11 PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Estate of Irvin W. BOWers File Number t~S~S~ also known as ,Deceased Social Security Number M. Sandra Kempf Petitioner(s), who is/are years of age or older, apply(ies) for: (COMPLETE `A' or `B' BELOW.) ?X A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executrix named in the last Will of the Decedent, dated and codicil(s) dated State relevant circumstances, e.g., renunciation, death of executor, etc. After the execution of the documents offered for probate: Decedent did not marry; was not divorced; was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided in Pa. C.S.A. § (g); did not have a child born or adopted; was not the victim of a killing; and was never adjudicated an incapacitated person, except as follows: B. Grant of Letters of Administration (Ifapplicab/e, enter: c.t.a.; d.b.n.c.t.a.; pedente liter durante absentia; durante minoritate) 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. ord.b.n.c.t.a., enter date of Will on 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 Pa. C.S.A. § (g), except as follows: Name Relationship Residence ~ ..r~ ~T ~ r""~. (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ • ` Decedent was domiciled at death in Cumberland County, Pennsylvania with his /her last principal-ence at West Main Street, Walnut Bottom, South Newton Township, Cumberland County;~A~ (List street address, town/city, township, county, state, zip code) - : ~ Decedent, then years of age, died on at West Main Street, Walnut Bottom, PA Decedent 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: South Newton Township, Cumberland County 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 M. Sandra Kempf School Lane ~ Rehoboth Beach, DE Form RW OZ Rev. (interim form, pending action by the Court) Copyright (c) form software only The Lackner Group, Inc. Page 1 of 2 „ /~{V,t_J t .f . ~ 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 and subscribed o Signature of Personal Representative M. Sandra Ke p before me this th day of Signature of Personal Representative ~ _ -r~ ~ For the egister Signature of Personal Representative ~ - ~ - , ..~._I , ; - ---.~s - _y t. l _ ~ File Number: _ ~ ` ' - O Estate of IrVln W. BOWers ~ ~ ,Deceased Social Se urity Number: Date of Death: AND NOW, l , in consideration oi` the foregoing Petition, satisfactory proof having been presented befor , IT IS DECREED that Letters Testamentary are hereby granted to M. Sandra Kemaf in the above estate and that the instrument(s) dated described in the Petition be admitted to probate and filed of record as the last Will (and Codicil(s)) of Decedent. FEES Letters $ F Regist f Wills Short Certificate(s)...........~..p..... $ ~ ~ ~ D Renunciation(s) $ Attorney Signature: ~ l $ r Ulf Attorney Name: Jer A. Wei le Es uire $ ~.r- ~ ~ C Supreme Court I.D. No.: ~ ~G $ `'S I Wei le ~ Associates P.C. 9 $ Address: East King Street $ $ Shippensburg, PA $ Telephone: $ ,r. TOTAL $ ~ ~ Form Rw U2 Rev. Copyright (c) form software only The Lackner Group, Inc. Page 2 of 2 at Work? 32f. II Trenspextation Injury (Spedty) 32g. Location o (Street, rary /town, state) ? Yes No ? Yes ? No ? de ian ? Suicide ? Could Not be Detemrined ? Yes ? No ? Dmrer/Operates ? Passenger M• OIfK'r • Spedly: eJ 33a. Conifer (ctrecie ony one) ae Tfle d Cenilier • Certflykrg physieten (Physician certdykrg cause d death when another physician has pronexnced death end rampleted fem / _ To the best d my knowledge, death occurred due to the causes) and manner as soled _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~'s'l !!G//' - - - - - - - - - - - - - - - 33c. tree Number 33d. Dale Signed (Month, day, Year) • Praroutclrtg and artflying physklen (Physician both pronouraktg death and cenlrying to cause d death) ~ To the best of my knowledge, death oawred et the time, date, end plece, and due to the cruse(s) and manner ae atated_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ? yys ~ a Ll ~ ~'^I ~ ~ ,.~i f ~ j o Medial Exrdrrer/Corarer 1 , , _ l 1 o lAr the basis d exemkrellon end I a fnveet{gstbn, h m n n, oceurred st the time, date, end place, end due to the cruses) and menrrer n steted_ ? tya ~^d~ i ~ Ife`d^~~Death (fem Type /Print Registrars Signature umber I ~I ~ I ,.~I / I ~ le Filed h,~ ar) 3JI U 6 lc/ `G lN~ ~W V ~)~/J~(~,~y~~/} ( Dispasfion Permit No. ~ ~ 1 f r . ' ~ T~ t. t _ - ~ _ . - . -.~-i r`}`... .r! LAST WILL AND TESTAMENT -I _ _ ~ ~ q~ I, IRVIN W. BOWERS, JR., presently residing at West Main Street, Walnut Bottom, South Newton Township, Cumberland County, Pennsylvania. being of sound mind, memory and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void all wills by me at any time heretofore made. FIRST. I order and direct the payment of all my legally enforceable debts and funeral expenses as soon as may be convenient after my decease. SECOND. I give and bequeath the full sum of Seventy-Five Thousand Dollars any vehicle that I own at the time of my death and any household contents a.nd appliances located in my home that belong to me to my beloved wife, BETTY K. HOOVER, absolutely. THIRD. I give and bequeath the full sum of Fifty Thousand Dollars to my granddaughter, GWENDLYN D. ABOUTBOUL, presently residing at Glade Circle East, Rehoboth, Delaware on a per stirpes distribution basis. FOURTH I give and bequeath the full sum of Fifty Thousand Dollars to my grandson, RICHARD T. KEMPF, presently residing at School. House Lane, Rehoboth, Delaware on a per stirpes distribution basis. FIFTH. I give and bequeath the full sum of Thirty Thousand Dollars to my great-granddaughter, LEE-ELLE ABOUTBOUL, presently residing at Glade Circle East, Rehoboth, Delaware on a per stirpes distribution basis. SIXTH. I give and bequeath the full sum of Thirty Thousand Dollars to my great granddaughter, NOA ABOUTBOUL, presently residing at Glade Circle East, Rehoboth, Delaware on a per stirpes distribution basis. SEVENTH. I give, devise and bequeath all of the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situate, to my daughter, M. SANDRA KEMPF, presently residing at R.D. Box Towanda, Pennsylvania on a per stirpes distribution basis. ct, ` (SEAL) WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG, PA EIGHTH. In the event that any beneficiary of this my Last Will and Testament is under the age of eighteen years, I then give and bequeath said beneficiary's share to and appoint as Trustee of any property which passes under this Will or c?therwise, M. SANDRA KEMPF, AS TRUSTEE, NEVERTHELESS, to invest and re-invest the same until the said beneficiary reaches the age of years, with the following powers in addition to those presently given by law: A. The power to expend the income towards the health, support and maintenance, and education, including a college (both undergraduate and graduate), trade, business or technical school education, of the said beneficiary; B. The power to expend the principal, within the; discretion of the said Trustee, if the income is insufficient, towards the health, support and maintenance, and education, including a college (both undergraduate and graduate), trade, business or technical school education, of the said beneficiary; C. The power to sell any and all real estate, within the discretion of the said Trustee; D. The power and obligation to distribute the balance of principal and interest, if any remaining, when the said beneficiary reaches the age of years, without the necessity of a formal adjudication of the Trustee's Account in the Court of Common Pleas of Cumberland County, upon the receipt of a good and valid release; E. The principal of the Trust and the income therefrom shall be free from the debts, liabilities, and engagements of those beneficially interested therein, and shall not be subject to assignment by him or her, nor to attachment or execution under any legal, equitable or other process for the enforcement of judgments or claims of any sort against therrl, either individually or collectively; and F. In the event the above-mentioned person is unable to accept the position of Trustee, I then name, constitute and appoint GWENDLYN D. ABOUTBOUL, as Trustee, with the same powers hereinbefore stated. ~ ° ~ (SEAL) WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - iZ6 EAST K[NG STREET - `_iHIPPENSBURG, PA NINTH. I nominate, constitute and appoint my daughter, M. SANDRA KEMPF, to be the Executrix of this my Last Will and Testament; if she be unable to fulfill the duties of Executrix, I then nominate, constitute and appoint my daughter, GWENDLYN D. ABOUTBOUL, to be the Executrix of this my Last Will and Testament. TENTH. I direct that my personal representative(s) shall not be required to give bond for the faithful performance of their duties in any jurisdiction. ELEVENTH. I hereby direct that all federal, state and other death taxes payable because of my death, with respect to the property forming my gross estate for tax purposes, whether or not passing under this Will, including any interest or penalty imposed :in connection with such taxes, shall be considered a part of the expense of administration of my estate and that such be paid out of the rest and residue of my estate. TWELTH. I direct my Executrix to retain the services of JERRY A. WEIGLE, ESQUIRE, with offices presently located at East King Street, Shippensburg, Pennsylvania with respect to the settlement of my estate due to his familiarity with my affairs. IN WITNESS WHEREOF, I, IRVIN W. BOWERS, JR., have hereunto set my hand and seal to this my Last Will and Testament, written on t~}~'ee pages, the first two pages ~ ~ a of ~ signed for identification only, this ~ d y , uJ . ~ (SEAL) r WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - iz6 EAST KING STREET - ~iHIPPENSBURG, PA f, ~ This instrument was by the Testator, on the date hereof, signed, published and declared by him to be his Last Will and Testament, in our presence, who at his request anci in the presence of each other, we believing him to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. ~ r COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, IRVIN W. BOWERS, JR., the person whose name is signed to the 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. ~.i2,~,~-*-:-. ~.t.l.~ ,~~~^--ire.,--- ,,d r Sworn or affirmed to and acknowledged before me by IRVIN W. BO ERS ,the Testator, this day of , ,r' ~ NO iAL SEAL ,Jerry A. W ~qle, Notary Public Shippensburg, PA Cumberland Courrty MY Commission Expires Octc~r WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - EAST KING STREET - '.~HIPPENSBURG, PA COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND f.~ ~ and ~GXQrZ ~ `J ~ ~ ~ ,the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depc?se and say that we were present and saw IRVIN W. BOWERS, JR., the Testator, sign and execute the instrument as his Last Will; that he 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 eighteen or more years of age and of sound mind and under no constraint or undue: influence. [ f p ~ ~ d'~ ~ti. Sworn or affirmed to and subscribed before me - by ~r~ ~rl - , e ~ ~~e Y 1 l' and ( ~,~a R ~c, ~ ~ ~ p `FTC I witnesses, this ~ day of , v r r- , NOTARIAL SEAL _ ~ Jerry A. Weigle, Notary Public w . : Shippensburg, PA Cumberlar7d CoUrrty MY Commission Expires Ocio~;r WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - EAST KING STREET - ~;HIPPENSBURG, PA