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ESTATE OF IN THE COURT OF COMMON PLEAS
MICHAEL J. WINEY :CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
• NO. ~~- 1~--~~1'Cf
PETITION TO ATTACH LAST WILL AND TESTAMENT
TO THE HONORABLE JUDGES OF SAID COURT:
Roger B. Irwin, Attorney for the Estate of Michael J. Winey files this Petition and avers
that:
(1) Petition Under Section 3102 of the Probate, Estates and Fiduciaries Code for
Settlement of Small Estate was filed on February 7, 2012.
(2) A copy of Decedent's Last Will and Testament is attached hereto in support of the
Petition filed on February 7, 2012.
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By ~: ~ r~~
Roger .Irwin, Esquire
Supreme Court I.D. No. 6282
IRWIN & McKNIGHT, P.C.
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
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I, MICHAEL J, WINEY, of ~I01 Brandy Lane, Mechanicsburg,
Cumberland County, Pennsylvania, do make and publish this as and for
my last will and testament, hereby revoking any and all wills
heretofore made by me,
1. I direct my executrix to pay all of my debts, funeral
and administrative expenses as soon as convenient after my decease.
2• I authorize and empower my executrix to sell any realty
and/or personalty owned by me at my death, at either public or
private sale or sales and to give good and sufficient deeds and/or
bills of sale therefor, in fee simple, as I could do if living, My
executrix is authorized and empowered to continue to engage in any
business in which I may be engaged at my death, for such period of
time after my death as is deemed expedient,
3. All the rest, residue and remainder of my property, real
and personal, I give, devise and bequeath to my wife Bonita I. Winey.
4. If Bonita I. Winey should not survive me for a period of
sixty days, then I give, devise and bequeath all my property, real
and personal, to my children, share and share alike, Should any
child be under the age of twenty-one years at my death, then all of
ny property given herein shall be held in trust by The Commonwealth
Jational Bank, Mechanicsburg, Pennsylvania. The trustee, as well as
ny executrix, is hereby authorized to retain, unconverted, any
>roperty, real or personal, that I may own at my death, and shall be
ender no duty to convert the same into legal investments. The
rustee shall have the power and authority to sell, transfer, convey
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invest and reinvest and to ~
pay over the net income of the trust
property, to or for the use and benefit of any of said children,
whether under or over twenty-one years or to accumulate the same in
maintenance, education or setting up of a child in business or in a
profession or for similar purposes. The trustee shall be under no
duty to distribute or use the principal equally for each of said
children but may distribute or use principal unequally in its
discretion. My primary object is to insure the proper support,
maintenance, etc., of such children as may be under twenty-one years
of age. When the youngest of said children reaches the age of
twenty-one years, then whatever remains of income or principal of the
trust estate shall be distributed eaually to said children, share and
share alike, the child or children of any deceased child taking the
share their parent would have taken if living, and said grandchild
being subject to the same trust provisions if under twenty-one years
of age at that time.
5. I nominate and appoint Bonita I. UTiney to be the
executrix of this my last will and testament without the filing of
any bond. Should she die before my death, renounce or refuse to
serve for any reason, or die leaving any of my estate unadministered,
my eldest living child being under the age of twenty -one years, I
nominate and appoint Ralph W. Poff;Iof Xork, Pennsylvania, as
substitute executor with the same powers as are given herein to my
executrix and also without the filing of any bond. If, however, any
child of mine is twenty-one years of age or older, such. child or
children shall be the substitute executor or executors of this my
last will and testament, without bond and with the same powers as
are given above to my executrix.
6. I suggest that my personal representative retain the
services of Irwin, Irwin & Irwin, Carlisle, Pennsylvania, as attorney
in the settlement of my estate,
WITNESS my hand and seal this ~~ day of December, 1974.
.,. ~ .
WE, MICHAEL J. WINEY and BONITA I. WINEY, his wife, of
~I01 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania, do
by these presents make known our unequivocal, planned and considered
judgment and direction relative to the custody, control and
supervision of our child or children, natural or adopted, and any
other children which might be born to us or be adopted by us in the
event of our death before their majority.
We direct that Mr, and Mrs. Roger Althouse of York,
Pennsylvania, be named as the sole guardian of the persons of our
child or children in the event of our death as aforesaid. They
alone are to determine custody, control, supervision, education,
discipline, etc., of the said child or children, and we give it as
an expression of our strong desire that any Court obtaining
jurisdiction in any matter whatsoever concerning the said child or
children be guided by the recommendations of the aforesaid Mr. and
Mrs. Roger Althouse.
Our primary purpose in making this instrument is to insure
the continued Christian nurture and training of our child or
children that he or they would have received in our home if we were
still alive.
IN WITNESS WHEREOF, we have hereunto set our hands and
seals this y'6Sday of December, 1974.
WITNESSED By:
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ICHAEL J WINEY
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BO I A I. .WI-N,Y v