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HomeMy WebLinkAbout11-03-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of ~A ~~ ~. CA wra E Lt- ,Deceased ESTATE NO: 21- J ~~ a/k/a: a/k/a: a/k/a: SS NO: Z$Z' y0• yy$z Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as applicable: ~ A. Probate and Grant of Letters Testamentary or ^ Administration c.t.a., or d.b.n.c.t.a. (complete Part C also) and aver that Petitioner(s) is/are entitled to the aforementioned Letters T9+a. M G,rtar under the last Will of the above-named Decedent, dated De c e ~.~ r aq, zo v) and codicil(s) d ted (State relevant circumstances, e.g. renunciation, death of executor, etc.) w.. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instruments 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(g): ^ B. Grant of Letters of Administration (If applicable, enter d.b.n., pendent life, durante absentia, durante 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 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), except as follows:- Name Address Rt~tlonship to Decedent -.a ~ _ _; , -,-, r c~ -.: ~> r- - ll. ~~ - i--;~ - . ~1'7 . ~ ~ .~ ~ rr ~: _.. USE ADDITIONAL SHEETS IF NECESSARY ~-i THIS SECTION MUST BE COMPLETED: x' r.., ~• ~ c~ Decedent was domiciled at death in Ctunberland County, Pennsylvania, with his/her last family or principat"residence -T' At L77 -7. eiiz,ti LctnP Mecha~~~sb~S• ~ 17°S u /oWnch~P ~' `a')/er ~rirt~' Street address with Post Office and Zi Code, Munici ali Townshi Borou h Cit T- ( P P tY P> S > Y) Decedent, then ~ ~ years of age, died ~Q'r ~~ ZO1 i at~a.m.c !-~i)l, ~ ( onth, Day, Year of death) (City and State where death occurred) Estimated value of decedent's property at death: If domiciled in PA All personal property $ J, O~t7 • ~ D If not domiciled in PA Personal property in Pennsylvania $ _If not domiciled in PA Personal property in County $ -Value of Real Estate in Pennsylvania $ ~ 70, 9 oy. t)o Total Estimated Value $ Location of Real Estate in Pennsylvania: (Provide full address if possible.) Z77 ~ ti fch Lan P Meehan i cs5wf, 0't no sb Signature(s) Name(s)& MailingAddress(es) ~ ~, ~n~rel~ it Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 1 of 2 C? =- v~~ OATH OF PERSONAL REPRESENTATIVE ~.'" ~ ~ ~ ~'T ,~ __~ ~ L-~ Commonwealth of Pennsylvania ~ SS County of Cumberland -=„ ~ ~ -~_. j ,~~ -,-? ~_~ ~'~ f...... 'Iy n._ ~~~ ~~ i '.~' 'Tl The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petition are trtl~'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 ~ ~ ,..----- befor e this ~ dray of 'r(.y~ r ~ the' Register DECREE OF PROBATE AND GRANT OF LETTERS Estate of ~~~, L ~ ~~ n ~/~~ ~/ ,Deceased File Number: 21-~~-_~~~ AND NOW, this~r~day of QJ/~/~,~ ~ ~~ ~ , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters -Testamentary _ of Administration are hereby granted to: /~ ~ / (If ap~ c~e, enter c.t.a., d.b.n., d.b.n.c.t.a., etc.) ~ /'t~ ~ An (~~ C ~ in the above estate and that instruments(s) dated described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. Register of Wills FEES: ~~ Letters ... .................$ Will ...................... Codicil(s) ................. ( /)Short Certificates ( )Renunciations....... Bond ............................ Other ............................. Automation FEE......... 5.00 JCS FEE ................... 23.50 nn ,~~U TOTAL ................ $ Signature of Counsel Required to Enter Appearance Atty's Signature / """7/`~' `' "` PRINTED Name: ~A a y A .~;- t~ rt ~ Supreme Court ID No.: 374ti Z Address: Ca'M M K~ Tits ~,,,,r{{ le,MUt') ~'~ L 7.r y!o N. ~caTd 5'- Na t rt svt.t..~, v.a ,~~~D Phone: ~ t7. z 39. zb V ~ Fax: ~~~. L3y, ~i9~/ Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2 c7 t _© a..~ ~ _ :n TtJ _I -'i ~ : '~ '_ LAST WILL AND TESTAMENT 'r-~, OF _ ~:.~:~ ~ c,t, _; t ~ ,_ PAUL E. CANTRELL ~, t ~ =: ' I:y t~: ~ ~ ~ ~i IDENTITY ~' ~'~' I, Paul E. Cantrell, residing in the County of Lebanon, Commonwealth of Pennsylvania, being of sound mind and memory, and not acting under duress or undue influence of any person whomsoever, hereby declare this to be my Last Will and Testament, and I do hereby revoke all other and former Wills and Codicils to Wills heretofore made by me. All reference made herein to "spouse" or to "my spouse" refers to the person to whom I am currently married, namely, Mildred L. Cantrell. My children are Paul S. Cantrell and Lori E. Deitch. PERSONAL AND HOUSEHOLD EFFECTS It is my intent that all my personal and household effects were transferred to my Living Trust as a result of the "ASSIGNMENT OF FURNITURE, FURNISHINGS AND PERSONAL EFFECTS." If there is any question regarding the ownership or disposition of these assets, it is my desire that such assets pour into the Living Trust in accordance with the provisions of the section titled "Residue of Estate." RESIDUE OF ESTATE I give, devise and bequeath all the rest, residue and remainder of my property of every kind and description (including lapsed legacies and devises), wherever situated and whether acquired before or after the execution of this Will, to the Trustee under that certain Trust executed by me, which is known as "The Cantrell Family Trust, dated 7~~(,lyL1~5~1(. Z ~ , 20~, Paul E. Cantrell and Mildred L. Cantrell, Trustors and/or Trustees." The Trustee shall add the property bequeathed and devised by this Item to the corpus of the above described Trust and shall hold, administer and distribute said property in accordance with the provisions of the said Trust, including any amendments thereto made before my death. If for any reason the said Trust shall not be in existence at the time of my death, or if for any reason a court of competent jurisdiction shall declare the foregoing testamentary disposition to the Trustee under said Trust as it exists at the time of my death to be invalid, then I give all of my estate including the residue and remainder thereof to that person who would have been the Trustee under the Trust, as Trustee, and to their substitutes and successors under the Trust, described hereinabove, to be held, managed, invested, reinvested and distributed by the Trustee upon the terms, trusts and conditions pertaining to the period beginning with the date of my death as are constituted in the Trust as at present constituted giving effect to amendments, if any, hereafter made and for that purpose I do hereby incorporate such Trust by reference into this my Will. Cantrell last Will and Testament © Copyright The Estate Plan 2001 Atl Rights Keserved. Page I PRIVACY OF TRUST No Clerk of Court, Commissioner of Accounts, or other party (except my Executor, Personal Representative, or other Fiduciary of my Estate, and a Beneficiary of my Estate or Guardian or Fiduciary of such Beneficiary), dealing with a Trustee in relation to The Cantrell Family Trust, dated ~~ 1~1~'R Z9 , 20~, Paul E. Cantrell and Mildred L. Cantrell, Trustors and/or Trustees, will be obligated or privileged to see that the terms of the Trust have been complied with, to inquire into the authority, necessity or expediency of any act of a Trustee, or to inquire into any of the terms of the Trust, except when permitted by the Trustee. F.XF.Ci 1TnR I hereby nominate and appoint Mildred L. Cantrell, as Executor of this my Last Will and Testament to serve without bond. In the event the first named Executor shall predecease me, or is unable or unwilling to act as my Executor for any reason whatsoever, then and in that event I hereby nominate and appoint Paul S. Cantrell to serve without bond as Executor (Co-Executors if more than one person). In the event the second named Executor shall predecease me, or is unable or unwilling to act as my Executor for any reason whatsoever, then and in that event I hereby nominate and appoint Lori E. Deitch to serve without bond as Executor (Co-Executors if more than one person). When more than one person is named with others to act as Co-Executors and one of the named persons is unable or unwilling for any reason to serve or to continue to serve, and no additional persons are named herein to take the place of such declining or retiring Executor, I hereby direct that the remaining named Co-Executor(s) shall continue to serve as Co-Executors (or if one only remains, Executor) hereof without the approval of any court. Whenever the word "Executor" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor or substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers and duties, authority and responsibility conferred upon the Executor originally named herein. EXECUTOR POWERS By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers granted to Executors generally, my Executor is specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will: to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of Cantrell Last Witl and Testament © Copyright The Estate Plan® 2001 All Rights Reserred. Page 2 mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, make distributions in cash or in kind =y~ or partly in each without regard to the income tax basis of such asset and in general, exercise all of the powers in the management of my Estate which any individual could exercise in the management of similar property owned in its own right upon such terms and conditions as to my Executor may seem best, and execute and deliver any and all instruments and do all acts which my Executor may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. My Executor shall have absolute discretion, but shall not be required, to make adjustments in the rights of any beneficiaries, or among the principal and income accounts to compensate for the consequences of any tax decision or election, or of any investment or administrative decision, that my Executor believes has had the effect, directly or indirectly, of preferring one beneficiary or group of beneficiaries over others. In determining the federal estate and income tax liabilities of my estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as federal estate tax deductions or as federal income tax deductions and shall have the discretion to file a joint income tax return with my spouse. GLOSSARY OF TERMS For the purposes of this my Will, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. SPECIFIC OMISSIONS I have intentionally omitted any and all persons and entities from this, my Last Will and Testament, except those persons and entities specifically named herein, and I have also intentionally omitted any and all persons and entities from this, my Last Will and Testament, who are not persons or entities specifically named in The Cantrell Family Trust, dated nF,2r,7'19~3L~IL Zg , 20~. It is my intention that any and all persons and entities, whether or not named in this Will or said Trust, shall have an interest in my estate and property, including the said Trust, if and only to the extent that I have provided for them in this Will and in the said Trust. If any person or entity shall challenge this Will or any term or condition hereof, or of the Living Trust to which I have herein made reference, or any term or condition thereof, then, to that person or entity I give and bequeath the sum of one dollar ($1.00) only in lieu and in place of any other benefit, grant, bequest or interest which that person or interest may have in my general and Probate Estate or the Living Trust and its Estate. ;~. Cantrell Last Will and Testament © Copyright The Estate Plan® 2001 All Rights Reserved. Pave 3 I specifically disinherit any person or persons claiming an interest in my estate through this, my Last Will and Testament, or through the previously named Trust, as my child, the issue of my body, who are born more than nine and one-half months after my death. SIMULTANEOUS DEATH If my spouse should not survive me for sixty (60) days, then it shall be conclusively presumed for the purposes of this my Will that my spouse predeceased me. If any other beneficiary should not survive me for sixty (60) days, then it shall be conclusively presumed for the purposes of this my Will that said beneficiary predeceased me. NO CONTRACTUAL AGREEMENT NOT TO REVOKE Although at approximately the same time my wife and I are executing wills and a living trust containing provisions which are substantially the same, this shall not be interpreted as an agreement by either of us not to amend or revoke our wills or living trust without the consent of the other. IN WITNESS WHEREOF, I have hereunto set my hand and declared this to be my Last Will and Testament this ~ day of ~C ~$; , 20 07 . SIGNED, SEALED, PUBLISHED and DECLARED by the above testator as and for his last will, in the presence of us, who thereupon at his request, in his presence and in the presence of each other, have hereunto subscribed our names as witnesses: ~~ Witness /3 G ~,~~,,c.0~-s~ ,Pennsylvania Witness ~ G~~G~f 1,~6 1 ~D~/U~ ,Pennsylvania Cantrell Last Will and Testament Copyright The Estate Plan 2001 All Rights Reserved. Page 4 _~-~<_~ SELF-PROOF OF WILL COMMONWEALTH OF PENNSYLVANIA ) } ss. COUNTY OF LEBANON ) ~~ We Paul E. Cantrell, C and ~/O ~ ~~- , the Testator and the witnesses, respecti ely, whose names are signed to the foregoing instrument, being duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the will as witness and that to the best of each witness's knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. -- Paul E. antrell ~~~~• Witness Witness SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me, by Paul E. Cantrell, the Testator, and subscribed and sworn to before me by ~ and ~,~Vip~ 4w.e ,witnesses, this ~~day of , 20~~ Notarial Seal Nicholas G. Souliotis, Notary Public Montgomery Twp., Montgomery County My Commission Expires Nov. 18, 2002 Member, Pennsylvania Association of Notaries Cantrell last Will and Testament © Copyright The Estate Plan ?001 All Rights Reserved. Page 5 My commission expires ~ ~` CERTIFICATE OF ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF LEBANON ) On this ~ day of ~t P~i~~l/n. , 20~, before me, ~I iC~4Dc~s rT • S9~~TlS , (here insert name of notary) a Notary Public, personally appeared Paul E. Cantrell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: Notarial Seal Nicholas G. Souliotis, Notary Colun Montgomery Twp., Montgomery tY My Commisstan Expires Nov. 18, 2002 Member, Pennsylvania Assoclatlon of Notattes My commi Cantrell Last Will and Testament Cop}'right The Estate Plan 2001 All Rights Reserved. Page 6