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HomeMy WebLinkAbout11-08-12IN RE: ESTATE OF BETTY C. ALLEN, Deceased, Late of the Borough of Carlisle, Cumberland County, Pennsylvania IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21-12-01081 PETITION TO ADMIT LATER LAST WILL AND TESTAMENT TO PROBATE AND NOW this day of October, 2012, comes Petitioners, DEBORAH A. BEHRENS AND BARBARA A. FAIR, by and through their attorneys, Irwin & McKnight, P.C., and respectfully petitions this Court to admit to probate a later Last Will and Testament of the Decedent, Betty C. Allen, and in support thereof avers as follows: 1. Petitioners are Deborah A. Behrens and Barbara A. Fair, daughters of Betty C. Allen (the "Decedent"), who died on September 25, 2012, and is a resident of 770 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Last Will and Testament of Betty C. Allen dated August 24, 2007 was admitted to probate on October 3, 2012. 3. Certificate of Grant of Letters issued by the Register of Wills on October 3, 2012 is attached hereto as Exhibit "A." 4. On or about October 8, 2012, Petitioners discovered that an earlier Last Will and Testament of Betty C. Allen was entered for probate. .~, -., ~-- ~~-~ ._ C ^. ~ ~ ~ ~ _.,_ , ~-'~ C~ _~ 5. Decedent, Betty C. Allen executed a later Last Will and Testament on October 2, 2008. 6. Deborah A. Behrens and Barbara A. Fair are Co-Executrices in the Last Will and Testament dated October 2, 2008. 7. The Decedent's Last Will and Testament dated October 2, 2008 is attached hereto as Exhibit "B." WHEREFORE, Petitioners respectfully request that the Last Will and Testament of Betty C. Allen dated October 2, 2008 be entered for Probate and Letters Testamentary be re- issued to Deborah A. Behrens and Barbara A. Fair. Respectfully Submitted, IRWIN & McKNIGHT, P.C. ~~ "i4~U ~,,..r.,~. ~' Date: ~~r , 2012 By: ~~_ Roger B. ,I in, Esquire Supreme Court ID # 6282 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Petitioner COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Deborah A. Behrens and Barbara A. Fair, being duly sworn according to law, deposes and says that the facts contained in the foregoing Petition are true and. correct to the best of their knowledge, information and belief. C'{ . (SEAL) Deborah A. Behrens _ , .---~~~~ ~ i ~'~ (SEAL) Barbara A. Fair COMMONMtEEP~I°TN CF ~~N_,..._ N,~ V~NIA ,~~s ~~. 8 x01.. -, My C.~mrt`~ss~+~~ ~ac~~ " . e M M r ._ Sworn aid subscribe before me ^,~ this ~~''~ day of ~, `~~(~r/~1 /~ _, 2012. Z,AST WILL AND TESTAMENT of Betty C. Allen I, BETTY C. ALLEN, of the Borough of Carlisle, Cumberland County, Pennsylvania, being of sound mind, disposing rr~emory and full legal age, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils heretofore made by me. 1. I direct my Executrices to pay all of my debts, funeral and administrative expenses as soon as convenient after my decease. Furthermore, I direct that all state, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property composing of my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid by the Executrices from my estate, and that none of the aforesaid taxes shall be prorated among those persons or entities named herein or otherwise bereficiares hereunder. 2. My Executrices may, at their discretion, compromise claims, borrow money, retain property for such length of time as they may deem proper; lease and sell property for such prices, on such terms, at public or private sales, as they may deem proper; and invest estate property and income without restriction to legal investments unless otherwise provided hereunder. ~.~ 3. I authorize and empower my Executrices to sell any realty and/or personalty owned by me at my death and not specifically devised or bequeathed herein, at public or private sale or sales and to give good and sufficient deeds and/or bills of sale therefore, in fee simple, as I could do if living. My Executrices are authorized and empowered to engage in any business in which I may be engaged at my death, for such period of time after my death as seems expedient to said Executrices. 4. I give, devise and bequeath all of my estate of every nature and wherever situate as follows: a. One Percent (1 %) to GOOD SHEPHERD COMMUNITY UNITED METHODIST CHURCH OF CARLISLE, PENNSYLVANIA; b. Four Percent (4%) to CHAPEL POINTE AT CARLISLE, in Carlisle, Pennsylvania; c. Five Percent (5%) to CAROL STEWART; d. Forty-Five Percent (45%) to DEBORAH A. BEHRENS, and if she is not living at the time of my death, to her children, share and share alike; and e. Forty-Five (45%) to BARBARA A. FAIR, and if she is not living at the time of my death, to her children, share and share alike. 5. I nominate and appoint DEBORAH A. BEHRENS and BARBARA A. FAIR to be the Executrices of this my Last Will and Testament. 6. No person(s) shall benefit hereunder unless such beneficiary shall survive me by sixty (60) days. 2 7. No Executrix acting hereunder shall be required to post bond or enter security in this or any other jurisdiction. 8. No beneficiary may assign, anticipate or pledge her, his or its interest in any income or principal held or distributable hereunder, and no beneficiary's creditors may levy, attach or otherwise reach any such interest. 9. I hereby suggest that my personal representatives retain the services of Irwin & McKnight as attorneys in the settlement of my estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~'"~ day of October 2008. ~% U ~.~. (SEAL) TTY C. ALLEN Signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in our presence, who, at her request, in her presence and in the presence of each other have hereunto set our names as subscribing witnesses. ~`"`~ ~ i'~ "'fir '° / /' ""~ .~.k~ ,~'~<• ~ t~~ ~ ~ ~ '~~; . ~ .f, 1i. 3 ACKNOWLEDGMENT AND AFFIDAVIT WE, BETTY C. ALLEN, MARTHA L. NOEL and SHARON L. SCHWALM, the Testatrix and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will and that she had signed willingly, and that she executed it as her free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as a witness and that to the best of their knowledge the Testatrix was, at that time, eighteen years of age or older, of sound mind and under no constraint or undue influence. .-, r~ BETTY C. ALLEN MARTHA ~,,~ NOEL SHARON L. SCHWALM COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Subscribed, sworn to and acknowledged before me by BETTY C. ALLEN, the Testatrix herein, and subscribed and sworn to before me by MARTHA L. NOEL and SHARON L. SCHWALM, witnesses, this ~ ~' day of October 2008. N~tary Public COfJfiviONW~~'>"~ O~ PENNSYLVANIA '~No~rai Seal ~ -~oger E3. Ian, Notary Public Carlisle Sore, Cumherland County My Commissicx~ Expires Oct. 3, 2008 Member, Pennsylvania Association Of Notaries 4