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HomeMy WebLinkAbout01-07-05Estate of also known as Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Charles G. Klin~er No.~:,~[ -O ~'-'--- OOl{.D , Deceased Social Security No. 181- 01- 2104 James W. Klinser Petitioner(s), who [s/are 18 years of age or older, apply(les) for: (COMPLETE 'A' or 'B' BELOW:) ] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the execut or named in the last Will of the Decedent, dated 04/13/1988 and codicil(s) dated None Mar.y E. Kltnger, deceased 07/07/1991; John F. Klinger, renounced on 12/13/04 State relevant circumstances, e.g., renunciation, death of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: N/^ B. Grant of Letters of Administration (c.ta.; d.b.n.c.t.a; pendente lite; durante absentia; durante minoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the followin~[~ouse (if an~nd heirs: COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland Name Relationship County, Pennsylvania with his/her last family or principal residence at 15 N. Nigh Street, Borough of Shiremanstown, Shiremanstown, PA 17011 (list street, number, and municipality) Decedent, then 89 years of age, died 12/11/2004 at Jewish Home of Greater Harrisburg, PA (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PA) All personal property (If not domiciled in PA) Personal property in Pennsylvania (If not domiciled in PA) Personal property in County Value of real estate in Pennsylvania $ 1,500.00 $ $ $ 70,000.00 situated as follows: 15 N. High Street, Shiremanstown, Cumberland Co. , Pennsylvania Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of letters in the appropriate form to the undersigned: I Signature Typed or printed name and residence /~ ~/-~. ~¢~,',~./_ ~' James W. Klinger 528 Sweatbrtar Drive, Harrisburg, PA 17111 Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, [nc. Form RW- 1 (1991) Oath of Personal Representative Commonwealth of Pennsylvania County of Cumberland The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true 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 k.~ Jam~s W. Klinger before me thisl~ day of Estate of Charles C. Klinser Deceased Social Security No: 181- 01- 2104 Date of Death: 12/11/2004 AND NOW, ~JLk-~.~ .~' J~ , /~O[J<~', in consideration U ~ of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters ~ Testamentary j~J Of Administration (c.ta.; d.b.n.c.ta,; pendenta lite; duranta absentia; durante minoritata) are hereby granted to James W. Klin~er in the above estate and that the instrument(s) dated 04/13/1988 described in the Petition be admitted to probate and flied of record as the last Will of Decedent. FEES Letters ........... Short Certificate(s) Renunciation ........ Affidavits ( ) Extra Pages ( JCP Fee .......... Inventory .......... Other TOTAL ......... ' Register of Wills - Attorney: James D. Bo~ar I.D. No: 19475 Address: One West Main Street Shiremanstown, PA 17011 Telephone: 717/737-8761 Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. Form RW-1 (1991) RENUNCIATION In Re Estate of Charles G. Klin~er To the Register of Wills of Ccr~berland The undersigned John F. Klinqer, son deceased. County, Pennsylvania. of the above decedent, hereby renounce(s) the fight to administer the estate and respectfully ask(s) that Letters Testamentary be issued to James W. Klin~er WITNESS his hand this 13th day of December ., ~ 2004. 302 Ranchgate Trail McGregor, TX 76657 (Address) (Signature) (Address) (Signature) (Address) Register of Wills of Cumberland County, Pennsylvania OATH OF SUBSCRIBING WITNESS Estate of Charles C. Klin~er , Deceased James D. Bo~ar (each) a subscribing witness to the [] codicil(s) [] will(s) presented herewith, (each) being duly qualified according to law depose(s) and say(s) that she/he/they was/were present and saw the above Testator(rix) sign the same and that she/he/they signed as a witness at the request of Testator(rix) in his/her/their presence and [] in the presence of each other r-~ in the presence of the other subscribing witness(es). (Address) (Signature) (Address) Sworn to or affirmed and subscribed before me this ~0~-)'~-- day / ~O~NI[ t, WILtlAMS, NOT~ PUBLIC ~SHIREMANSTOWN MORO., CUM~ER~NO Nota~ Public [ MY COMMtSStON ~PIRES APRIt 18. 20051 My Commission Expires: (S~gnature a~ seal of Nota~ or other official NOTE: q~lffled to administer oaths. Show date of expiration of Nota~'s commission.) To be taken by officer authorized to administer oaths. Piease have present the original or copy of instrument(s) at time of notarization. Prepared by the Pennsylvania Bar Association Copyright (c) 1996 form software only CPSystems, Inc. Form#RW-2 (1991) 'his is to certify that the information here given is correctly copied from an original certificate of death duly filed with me as Local Registrar. The original certificate will be forwarded to Iht State Vital Records Office Ibr permanent filing. WARNING: It is illegal to duplicate this copy by photostat or photograph. Fee for this certificate, $2.{)0 P 10982129 (L/al Re=isir~r DEC 2 4 200~, No. Date OF C}IA~T~$ G. KLINGER I, CHARLES G. KLINGER, of the Borough of Shiremanstown, cumberland County, Pennsylvania, make, publish and declare this as and for my Last Will and Testament, hereby revoking all other Wills and Codicils heretofore made by me. FIRST: I give and bequeath my household furniture and furnishings, my personal effects, jewelry, clothing, automobiles and all other tangible personal property, including all insurance policies covering those items, to my wife, MARY E. KLINGER, provided she survives me by sixty (60) days; or, if she does not so survive me, to my children who survive me, to be divided between or among them equally as they may agree. SECOND: I devise and bequeath all the rest, residue and remainder of my estate of whatever nature and wherever situate, together with any insurance policies thereon, unto my wife, MARY E. KLINGER, provided she survives me by sixty (60) days. THIRD: Should my wife, Mary E. Klinger, predecease me or die on or before the sixty-first (61st) day following my death, I devise and bequeath all the rest, residue and remalnd~of mT' estate of whatever nature and wherever situate, togethe h y ~ ~insurance policies thereon, in equal shares, to my chzl~ JQ~HN F. KLINGER, JAMES W. KLINGER and JEFFREY A. KLINGER, or?' ir ~ issue, per stirpes, co FOURTH: In addition to all powers granted to them by law and by other provisions of this Will, I give the fiduciaries acting hereunder the following powers, applicable to all property, exercisable without court approval and effective until actual distribution of all property: (A) To sell at public or private sale, or to lease, for any period of time, any real or personal property and to give options for sales, exchanges or leases, for such prices and upon such terms (including credit, with or without security) or conditions as are deemed proper. This includes the power to give legally sufficient instruments for transfer of the property and to receive the proceeds of any disposition of it. (B) To partition, subdivide, or improve real estate and to enter into agreements concerning the partition, subdivision, improvement, zoning or management of real estate and to impose or extinguish restrictions on real estate. (C) To compromise any claim or controversy and to abandon any property which is of little or no value. (D) To invest in all forms of property, including stocks, common trust funds and mortgage investment funds, without restriction to investments authorized for Pennsylvania fiduci- aries, as are deemed proper, without regard to any principle of diversification, risk or productivity. (E) To exercise any option, right or privilege granted in insurance policies or in other investments. (F) To exercise any election or privilege given by the Federal and other tax laws, including, but not necessarily being limited to, personal income, gift and estate or inheritance tax laws. (G) To make distributions to my herein named benefici- aries in cash or in kind or partly in each. (H) To borrow money from themselves or others in order to pay debts, taxes, or estate or trust administration expenses, to protect or improve any property held under my will, and for investment purposes. (I) To select a mode of payment under any qualified retirement plan (pension plan, profit sharing plan, employee stock ownership plan, or any other type of qualified plan) to the extent the plan or the law permits them to do so, and to exercise any other rights which they may have under the plan, in whatever manner they consider advisable. FIFTH: I direct that all inheritance, estate, transfer, succession and death taxes, of any kind whatsoever, which may be payable by reason of my death, whether or not with respect to property passing under this Will, shall be paid out of the princi- pal of my residuary estate. SIXTH: All interests hereunder, whether principal or income, which are undistributed and in the possession of the fiduciaries acting hereunder, even though vested or distributable, shall not be subject to attachment, execution or sequestration for any debt, contract, obligation or liability of any beneficiary, and furthermore, shall not be subject to pledge, assignment, conveyance or anticipation. SEVENTH: I nominate and appoint my wife, MARY E. KLINGER, Executrix of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of the said Mary E. Klinger, I nominate and appoint my son, JOHN F. KLINGER, Executor of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of the said John F. Klinger, I nominate and appoint my son, JAMES W. KLINGER, Executor of this, my Last Will and Testament. In the event of the death, resignation or inability to serve for any reason whatsoever of the said James W. Klinger, I nominate and appoint my son, JEFFREY A. KLINGER, Executor of this, my Last Will and Testament. I direct that my Executor or Executrix, as the case may be, and their successors, shall not be required to post security or a bond for the performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last Will and Testament, this /?~ day of ~ , 1988. Charles G. Klinge~ / Signed, sealed, published and declared by the above- named Testator as and for his Last Will and Testament in our presence, who, at his request, in his presence and in the presence attesting of each other, have hereunto subscribed our names as witnesses. Address Address