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HomeMy WebLinkAbout05-07-13 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s) named below,who is/are 18 years of age or older, apply(ies)for Letters as specified below, and in support thereof aver(s)thr following and respectfully requests the grant of Letters in the appropriate form: Fulton Bank, N.A. Decedent's Information G Name: Edwin B.Stokes File No: 21 - a/k/a: (Assigned by Register) _ a/k/a: a/k/a: Social Security No: Date of Death: 04/1 012 01 3 Age at Death: 80 Decedent was domiciled at death in Cumberland County, PA (State)with his/her last principal residence at 413 East Crestwood Drive,Wormleysburg 17011 Wormleysburg Cumberland Street address.Post Off"and 7jp Code Cllr Township or Borough County Decedent died at Holy Spirit Hospital Camp Hill Borough- Cumberland PA Street address,Post Office end lip Cole City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsy lvania........................ All personal property _ $ 240,000.00 If not domiciled in Pennsylvania................. Personal property in Pennsylvania S If not domiciled in Pennsylvania................. Personal property in County $ Value of real estate in Pennsylvania........... S TOTAL ESTIMATED VALUES 240,000.00 Real estate b Pennsylvania situated at (Anacri additional shoots,it necessary,) Street address,Post Owed and Zip Code City.Township or Borough County Q A. Petition for Probate and Grant of Letters Testamentary Petitioners)aver(s)that he/shelthey is/are the Executor(s)named in the Last Will of the Decedent,dated 11/19/1991 and Codicils) thereto dated (Stale nheyanl circumstances.e.g.•renunciation.dean or execulor.etc.) Except as follows:after the execution of the instrument s)offered for probate.Decedent did not me rry.was not divorced,was not a party to a pending tlivorce proceef ing wherein the grounds for divorce had been established as defined In 23 Pa.C.S.g 3323(8),and did not have a clr11 bom or etlopte and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. .❑X NO EXCEPTIONS❑ EXCEPTIONS ❑ B. Petition for Grant of Letters of Administration (If applicable) c..a.: . .n.: . .nc..a.:pe en e/,Is:durante a sen a: uran a minon a e If Administration,C.t.a or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. Except as follows:Decedent was not a parry 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 atl)udieated an incapacitated person. Q NO EXCEPTIONS❑ EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that DeoxdaO left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets,if necessary): Name Relationship Address Q w T C-� ^tz � —mac i Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } COUNTY OF } SS: Cumberland } Petitioner(s)Printed Name Petitioners)Printed Address Fulton Bank,N.A. One Penn Square,PA.Box 7999 Lancaster,PA 17604 0 f' 12 L CLERK OF ORPHANS' GGYRT CdMBERLANO CO.. PA The Petitioners)above-named swear(s)or affirm(s)the statements in the foregoingg Petition are true and correct to the best of the knowledge and belief of Petitioners)and that,as Personal Representative(s)of lh Decedent.Petili ner(s)will well and truly administer the estate according to Is i (y Sworn to or affirmed and subscribed before r Dee 7 me th' day of Owe By, Dale It r»r the rteplme, Dole BOND Required? E] Yes ` -No To the Register of Wills: FEES Please enter my appearance by my signature below: Letters............____.............I......... S r 10 Attorney Signature: .t ) I Short Cedificate(s).......... t 1 Renunciation(s)............... t�I Codicil(s)......................... (�i Affidavit(s)....................... Printed e: Terrence J Kerwin Bond.............................................. Supreme Court Commission._................... ........... to Number: 29922 Other liklo t I Firm Name: Kerwin&Kerwin,LLP �A--.— Address: 4245 State Route 209 Elizabethville,PA 17023 Phone: 7171362.3215 Automation Fee............................. Fax: 7171 JCS Fee......................................... Q TOTAL................_........................ S E-mail: tjkfokerwinlawffrm.com DECREE OF THE REGISTER Date of Death: 0 411 012 01 3 Social Security No: Estate of Edwin B.Stokes File No: 21 – L'3 _115RC) a/kla: AND NOW, ' -�(� ,in consideration of the foregoing Petition. satisfactory proof having ben presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Fult n Bank,N.A. in the above estate and(if applicable)that the instruments)dated 1111119119911 _ described in the Petition be admitted to probate and filed of record as the last Will(and Codici s))of Decedent ister of ills CopynpM(d 2011 rerm 6o1MOm only The Lackner Group,I�f p^,�/M/;� Pepe 2 of 2 LAST WILL AND TESTAMENT OF M EDWIN B. STOKES C5 C> I, EDWIN B. STOKES, of Camp Hill, Cumberlan f cobn�j >- CD 03 Pennsylvania, being of sound and disposing mind, do hereby Umlake,-n publish, and declare this to be my Last Will and Testament, hereby revoking and making null and void all prior Wills and Codicils made by me at any time heretofore. ITEM I. I direct that all my legally valid debts, funeral and administrative expenses, and debts incurred or payable because of my death, shall be paid by my Executor, hereinafter named, from my residuary estate as soon after my death as practicable. All death taxes, including federal, state, and other death taxes, 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 thereon, shall be considered an expense of administration of my estate, without apportionment or right of reimbursement. Taxes on future interests may be prepaid. ITEM II. I bequeath my household and personal effects, jewelry, automobiles, and other tangible personalty of like nature to my wife, MARY B. STOKES, (hereinafter my "Wife") , if she survives me by thirty (30) days. 0 ITEM III. I give, devise and bequeath all of the residue of my estate, whether real, personal, or mixed, and wherever situate, including any property subject to any power of appointment which I may now have or hereafter acquire, and including any proceeds of insurance or policies of insurance thereon, to my wife, MARY B. STORES if she survives me by thirty (30) days. If she does not so survive me, I make said bequest t r o the following named persons or organizations: A. Ten percent (10%) to my mother-in- law, DOLORES K. BOSTON, of Picture Rocks, Pennsylvania, if she survives me; but if she does not so survive me, said share shall go to my sisters-in-law, VIVIAN MONTGOMERY, of Bellefonte, PA and PAMELA STONE, of Howard, PA, in equal shares, or to the survivor of them. In the J event neither of my sisters-in-law herein named survives me, said share shall then be distributed to the remaining residuary legatees herein named in the proportionate share herein specified. -2- B. Ten percent (10%) to my father-in- law, w. CLEON BOSTON, of Picture Rocks, PA if he survives me; but if he does not so survive me, said share shall go to my sisters-in-law, VIVIAN MONTGOMERY, of Bellefonte, PA, and PAMELA STONE, of Howard, PA, in equal shares, or to the survivor of them. In the event neither of my sisters-in-law herein named survives me, said share shall then be distributed to the remaining residuary legatees herein named in the proportionate shares herein specified. C. Ten percent (10%) to the church which I am attending and which I am last a member of at the time of my death. D. Ten percent (10%) to BETHESDA MISSION, Harrisburg, Pennsylvania. -3- E. Ten percent (10% to my sister-in- law, VIVIAN MONTGOMERY, of Bellefonte, PA, if she survives me; but if she does not so survive me, said share shall go to the residuary legatees named in her Last Will and Testament. Provided, however, that in the event the said Vivian Montgomery predeceases me intestate, said share shall then go to her legal heirs pursuant to the intestate laws of the Commonwealth of Pennsylvania. F. Ten percent (10%) to my mother, HELEN STOKES, of Wormleysburg, PA if she survives me; but if she does not so survive me, said share shall go to my brother, ROBERT F. STOKES, if he survives me. In the event neither party herein named survives me, said share shall then be distributed to the remaining residuary legatees herein named in -4- the proportionate shares herein specified. G. Ten percent (10%) to the church which my wife, MARY B. STOKES, is last attending and last a member of at the time of my death. H. Thirty percent (30%) to my nephew, STANLEY R. STOKES, of Dillsburg, PA if he survives me; but if he does not so survive me, said share shall go to the residuary legatees named in his Last Will and Testament. Provided, however, that in the event the said STANLEY R. STOKES predeceases me intestate, said bequest shall be paid to his legal heirs pursuant to the intestate laws of the Commonwealth of Pennsylvania ITEM IV. The interest of beneficiaries hereunder shall not be subject to anticipation or to voluntary or involuntary alienation. -5- ITEM V. I hereby appoint FULTON BANK as Executor (the "Executor") , of this my Last Will and Testament. ITEM VI. I direct that my Executor shall not be required to give bond or post any other security for the faithful performance of duties in any jurisdiction. ITEM VII. Any person who shall have died at the same time as me, or in a common disaster with me, or under such circumstances that it is difficult or impossible to determine who died first, shall be deemed to have predeceased me. ITEM VIII. My Executor shall have the following powers in addition to those invested by law and by other provisions of my Will applicable to all property, whether principal or income, exercisable without Court approval, and effective until distribution of all property: A. To retain any investments I may have at my death so long as my Executor may deem it advisable to my Estate so to do. B. To vary investments, when deemed desirable by my Executor, and to invest in such bonds, common trust funds, stocks, notes, real estate mortgages, or other securities or -6- in such other property, real or personal, as my Executor deems wise, without being restricted to so-called "legal investments" . C. In order to effect a division of the principal of my Estate or for any other purpose, including any final distribution, my Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind. If such division or distribution 'is made in kind, said assets are required to be divided or distributed at their respective values on the date or dates of their division or distribution. D. To sell either at public or private sale and upon such terms and conditions as my Executor may deem advantageous to my Estate, any or all real or personal estate or interests therein owned by my Estate severally or in conjunction with other persons or acquired after my death by my Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity of said sale or sales; also, to make, execute, acknowledge, and deliver any and all deeds, -7- assignments, options, or other writings which may be necessary or desirable, in carrying out any of the powers conferred upon my Executor in this paragraph or elsewhere in my Will. E. To mortgage real estate, and to make leases of real estate for any period of time as my Executor may deem reasonable. F. To borrow money from any party to pay indebtedness of mine or of my Estate, expenses of administration, or inheritance, legacy, estate, or other taxes. G. To pay all costs, taxes, expenses, and charges in connection with the administration of my Estate. My Executor shall pay expenses of my last illness and funeral expenses. H. To vote any shares of stock which form a part of my Estate, and to otherwise exercise all the powers incident to the ownership of such stock. I. To compromise claims and to abandon any property which, in my Executor's opinion, is of little or no value. -8- IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my Last Will and Testament, consisting of nine (9) typewritten pages, this _/�_ day of �j} ��-a.v�.lra�/ 1991. Z. �� (SEAL) EDWIN B. STOKES We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testator, EDWIN B. STOKES, as and for his Last Will and Testament, in the presence of us, who at his request and in his presence and in the presence of each other, have hereunto set our hands and seals the day and year above written, and we certify that at the time of the 'execution thereof, the said Testator was of sound and disposing-1/mind and memory. i residing at G z residing at 4 , COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF We EDWIN B STOKES, the Test tor, and "Ij uv�v � .w and the witnesses, respectively, whose name ar sig ed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he had signed willingly, and -9- 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 his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. EDWIN STO ES Witness Witness ell ' Subscribed, sworn to and acknowledged before me by the Testator, EDWIN B. STOKES and subscribed and sworn to before me by U). IC 1 and 0-0f'lye �7. witness s, this `q day of Nby—t->—lb-PT , 1991. Na " t'A-) otary Public (SEAL) NOTARIAL SEAL VICTORIA Y.CHAMBERS,NOTARY PUBLIC HARRISBURG DAUPHIN COUNTY,PA. MY COMMISSION EXPIRES OCT.17 1994 -10- WWII A!RnTavv 1 f.YIWJfh° �. c�iJ ?ytF59 9