HomeMy WebLinkAbout04-22-13 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner(s)named below,who Ware 1S years of age or older,apply(ies)for Letters as specified below,and in support thereof averts)the
following and respectfully requests the grant of Letters in the appropriate form:
Decedent's Information
Name: William D.Henry File No: 21-13
a/k/a:
(Assigned by Register)
a/k/a:
aikla: Social Security No:
Date of Death: 04/06/2013 Age at Death: 83
Decedent was domiciled at death in Cumberland County, PA (State)with his/her last
principal residence at 822 Forge Road,Carlisle 17016 South Middleton Cumberland
Street address,Post ice and Zip Coca City,Township or Borough County
Decedent died at 622 Forge Road,Carlisle 17016 South Middleton Cumberland PA
Streat edtlress,Post offics and Zip coos, City,Township or Borough County state
9
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania—................... All personal property $ 60 000.00
If not domiciled in Pennsylvania................ Personal property in Pennsylvania $
If not domiciled in Pennsylvania................ Personal property in County $
Value of real estate in Pennsylvania....................__........................................... $ 100,000.00
0 TOTAL ESTIMATED VALUE $ 150,000.00
Real estate in Pennsylvania anusted at 822 Forge Road,Carlisle 17016 South Middleton Cumberland
(Attach additonal sheets,if necessary.)
Street address,Post Office and Zip Cade City,Township or Borough County
®A. Petition for Probate and Grant of Letters Testamentary
Pethioner(s)aver(s)that heishe/they is/are the Executors)named in the Last Will of the Decedent,dated 06/26/2012 and Codicils)
thereto dated
Suite relevera cirwmatanees fa.g.,renunti9aon,death of executor,etc.)
Except as follows:after the execution of the instruments)offered for probate,Decedent did not me was not divorced,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.73323(g),and did not have a child bom or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
[ONO EXCEPTIONS Q EXCEPTIONS
❑ B. Petition for Grant of Letters of Adminiatration (If applicable)
iris,don,d.b.n.c.t.a.,podentelite,durante absentia.durenteminontate
If Administration,c.t.s ord.b.n.c.t a.,enter ank of Will In Section A above and comoi ft list of heirs.
Except as follows:Decedent was not a party to.pending divorce proceedingg wherein the grounds for divorce had been established as defined
in 23 Pa.C,S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated pawn.
®NO EXCEPTIONS ❑ EXCEPTIONS (Z' � S =•o
Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived b9mcuitnaing op'giise(ifpn$and heirs(attach
additional sheets,if necessary): ;n7 2 ca -�n �o
r.- A r-
2. 2 r71 N
Name Relationship Address o `
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Form RW-02 row io-ii-2dii Copyright(c)2011 form software only The Lackner Group,Inc. Page i af2
Oath of Personal Representative Official flee Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF Cumberland }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Gregory W.Henry 7 Spring View Street
Carlisle,PA 17013
(717)701$342
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the fo oing Petiho are true and cor to the best of the knowledge and
belief of Petitioner(s)and that,as Personal Representative(s)of the Deceit 'ions i and toy administer the estate s i g to law�1
Sworn to affirmed an subscribed before p� �� Date Y�
me this da of C.01= Date
By Date
Fo Date
BOND Required? ❑ YES NO To the Register of Wills:
FEES:
Please enter my appearance by my signature below:
_
Letters.......................................... $ Attorney Signa
( S )Short Certificate(s).........
( )Renunciation(s)..............
( )Codicil(s)........................
( )Affidavit(s)...................... Bradley L Griffis
Bond............................................. Supreme Court C'� o
Commissio ....._... ..................... i ID Number: 34349 w m
Other , g G'3 p
J Fir Name: Griffis &Asso� FeS.
� �`�
o Address: North
Cr! O CJ
Carlisle,PA 1 ; 3n
Phone: 717-2435551 --a o
Automation Fee............................ --6 W
Fax:
JCSFee.......................................
TOTAL......................................... $ E-mail: bgriffie @griffielaw.com
DECREE OF THE REGISTER
Date of Death: 0410612013
Social Security No: ^
Estate of William D.Henry File No: 2121-133
a/k/a:
AND NOW, ,&q0n_ ,inconsideration of the foregoing Petition,
satisfactory proof havinglieen presented before me, IT IS DECREED that Letters Testamentary
are hereby granted to Gregory W.Henry
in the above estate and(if applicable)that the instrument(s)dated 0612612012
described in the Petition be admitted to probate and filed of record a last Will( nd odicil(s))of D ant.
egister of Wi
Form RW-02 rev.10/1112011 Copyright(c)2011 form software The Lackner Group,Inc �,�^ r Page 2 of
tlll).905 FFV;Affil
LAST WILL AND TESTAMENT
n; N Fi7 1 7
OF ` c
WILLIAM D. HENRY = : =' r
4'� C
1, WILLIAM D. HENRY, of 822 Forge Road, Carlisle, Cumberland County,
Pennsylvania, being of sound and disposing mind, memory and understanding, do make,
publish and declare this to be my Last Will and Testament, hereby revoking and making
void all previous Wills and Codicils heretofore made by me.
FIRST
1 order and direct my Executor hereinafter named to pay all of my just debts,
funeral expenses and expenses involved or connected with the administration of my estate
as soon after my death as is reasonably possible. I direct my Executor to pay all
c�
inheritance, estate, succession and legacy taxes, to which my estate or the transfer of any
property hereunder may be subject, and to charge such taxes as part of the expenses of the
administration of my estate, being deducted and paid from the residue of my estate and
not to be deducted in any manner from any specific bequests made herein. However, my
Executor need not accelerate and pay those unmatured obligations which, in his, her or its
opinion, it might be proper and more advantageous to retain or renew and pay as they
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Carlisle,PA 17013 Page I of 10 Chambersburg, PA 17201
become due and payable. If I do not own a burial plot or a grave marker at the time of my
death, I authorize my Executor/Executrix, in his, her or its sole discretion, to purchase a
burial plot and to erect a suitable grave marker at my grave, and to expend sums from my
estate for this purpose.
SECOND
I give, devise and bequeath the rest, reside and remainder of my estate together
with all insurance proceeds thereon of whatsoever nature and wheresoever situate in
equal shares to my children, CAROL L. HENRY, GREGORY W. HENRY and
.JEFFREY E. HENRY, who survive me by sixty (60) days, per stirpes. I direct my
Executor/Executrix to divide among such beneficiaries all personal property of a
sentimental or family nature (excluding cash, stocks, bonds and the like), including but
not limited to jewelry, household goods, antiques, furniture and memorabilia, in
accordance with a separate memorandum which I may place with my Will or deposit with
my attorney. In the absence of such disposition by memorandum, I direct that the said
tangible personal property be divided between my residual beneficiaries with due regard
for their personal preferences in as nearly equal shares as practical, with the value of such
dispositions being credited to the share of each respective recipient. If the said
beneficiaries do not agree to the division of the personal property provided for hereunder,
the decision of my Executor/Executrix, including the decision to sell the property at
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public or private sale and distribute the proceeds therefrom as provided hereinafter, shall
be final and conclusive on all parties.
THIRD
Any devise or distribution under this Last Will and Testament which is payable to
any beneficiary who may be under twenty-one(21)years of age or, in the judgment of my
Executor/Executrix, mentally disabled, shall be held in a separate trust by my
Executor/Executrix as trustee until such beneficiary reaches twenty-one (21) years of age
or during such period of disability. During the term of any trust created pursuant to this
Paragraph, the Trustee is authorized to expend and apply so much of the net income and
principal of each such trust as the Trustee shall consider advisable for the health,
maintenance, support, and education (including college education, undergraduate and
graduate) of each such beneficiary until he or she attains twenty-one (21) years of age, or
until all such amounts are paid out of trust. I direct that no Trustee shall be required to
give or post bond for the faithful performance of the Trustee's duties in this or any other
jurisdiction.
FOURTH
I grant my Executor/Executrix the following powers in addition to and not in
limitation of such powers as my Executor/Executrix shall hold by law:
(a) To retain all property received including the stock of any corporate fiduciary
acting hereunder, provided such property remains productive.
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(b) To join in any corporation, partnership, recapitalization, merger,
reorganization or voting trust plan; to delegate authority with respect thereto;
to deposit investments under agreements and pay assessments; and generally
to exercise all rights of investors,, including but not limited to, the voting of
shares. _(
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real
estate held or owned by my estate.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities
or property, real or personal, without regard to the principle of diversification
or any other statute or general rule of law in his, her or its absolute discretion,
it being my intention to give my Executor/Executrix the broadest investment
powers possible, providing such investments do not unnecessarily prevent the
prompt settlement of my estate.
(f) To sell or otherwise dispose of any property, real or personal, tangible or
intangible, at any time forming a part of my estate in any manner and on such
terms and conditions as my Executor/Executrix shall see fit in his, her or its
absolute discretion.
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(g) To borrow money for the payment of taxes or for any other proper purposes in
the administration of my estate, and to mortgage or pledge estate assets as
security.
(b) To compromise claims without court approval including, but not limited to,
any controversies with the United States of America or the Commonwealth of
Pennsylvania concerning estate and inheritance taxes on any interests that may
pass under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
(j) To undertake any and all acts deemed necessary and proper by my
Executor/Executrix for the proper, advantageous and prompt management of
the settlement of my estate.
(k) To disclaim any benefits to which I may have been entitled posthumously,
whether said benefits result from distribution from an estate, trust or any other
such account.
(1) In general, to exercise all powers in the management of my estate which any
individual could exercise in the management of similar property owned in his
own right, upon such terms and conditions as to him, her or it may seem best
and to execute and deliver all instruments and to do all acts which he, she or it
deems necessary or proper to carry out the purposes of this, my Last Will and
Testament.
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Attorneys At Law
200 N. Hanover Street 100 Lincoln Way East,Suite D
Carlisle, PA 17013 Page 5 of 10 Chambersburg,PA 17201
i
FIFTH
No interest of any beneficiary of my estate, either in income or in principal, shall
be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall
any beneficiary have the power in any manner to charge or encumber his interest either in
income or principal, nor shall the interest of any beneficiary be liable or subject in any
manner while in the possession of my Executor/Executrix for the liability of such
beneficiary.
SIXTH
1 nominate, constitute and appoint my son, GREGORY W.HENRY,as Executor
of this my Last Will and Testament. In the event my son, Gregory W. Henry, is deceased,
unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I
nominate, constitute and appoint my daughter, CAROL L. HENRY,as Executrix of this
my Last Will and Testament. In the event my daughter, Carol L. Henry, is deceased,
unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I
nominate, constitute and appoint my son, JEFFREY E. HENRY,as Executor of this my
Last Will and Testament. I direct that my Executor/Executrix shall not be required to
give or post bond for the faithful performance of his, her or its duties in this or any other
jurisdiction.
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200 N. Hanover Street 100 Lincoln Way East,Suite D
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SEVENTH
I hereby declare it to be my expressed desire that my Executor/Executrix employ
the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and
assistance regarding this my last Will and Testament, they having considerable
knowledge of my affairs, views and wishes respecting any matters that may arise at the
probate of this instrument, the administration of my estate, and the execution of the
powers herein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last
Will and Testament, consisting of nine (9) typewritten pages, the first six (6) of which
bear my signature on the side margin, for purpose of identification, this o11
day of , 2012.
WITNESS-
- ---
WILLI'AM D.HENIK
�rX ., �� ty YSLhfln Clan4141,
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA:
: SS.
COUNTY OF CUMBERLAND
I, WILLIAM D. HENRY, the 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 and Testament;
that I signed it willingly, and that I signed it as my free and voluntary act for the purposes
therein expressed.
WILLIAM D. HENRY
Sworn or affirmed and acknowledged before me by the Testator this
day of 2012.
NOTARIAL SEAI Public
ROBIN S..BASSEC otary
CARLISLE BOROUGH,I GUMBERIAND CO.
Commisstnn Expires 17,2016
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AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
WE, 6rcd+ e7 L
the witnesses whose names are attached to the foregoing document, being duly qualified
according to law, do depose and say that we were present and saw the Testator sign and
execute the instrument as his Last Will and Testament; that he signed willingly and that
he executed it as his free and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the Testator signed the Last Will and
Testament as witnesses and that to the best of our knowledge the Testator was at the time
18 or more years of age, of sound mind and under no constraint or undue influence.
?4 A it 1 Qnn.a n kA-
Sworn or affirmed and subscribed before me by
and nri }�trtm�4- t r��er this_ day of— — 2012.
NOTARIALSEAL '(t H7l,"
ROBIN,,.BASSETT,NdWy P Notary Public
CAFOLE BOROUGH,CUM tTBERLANO CO.
CommissionE)#9SAlx•
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