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HomeMy WebLinkAbout03-17-05 Register of Wills of Cumberland County, Pennsylvania PETITION FOR GRANT OF LETTERS Estate of Richard S. Mowery also known as No. 21-- 05 -. ~3~ , Deceased Social Security No. 202-20-1164 Carol J. Mowery Petitioner(s), who is/are 18 years of age or older, appl(ies) for: (COMPLETE 'A' or 'B' BELOW) [!] A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the the Decedent, dated 12/17/2002 and codicils dated Executrix named in the last Will of 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 bom or adopted after execution of the documents offered for probate; was not the victim of a killing and was never adjudicated incompetent: D B. Grant of Letters of Administration (c.t.a; d.b.n.c.t.a; pedente lite; durante absentia; durante mmontate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: r l'IIame KelatlonShlp ReSidence I (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in Cumberland County, Pennsylvania with hislher family or principal residence at 168 Kerrs Road, West Pennsboro Township (ust street, numoer, ana mUniCIpality) Decedent, then 77 years of age, died 03/03/2005 at Holy Spirit Hospital (Location) Decedent at death owned property with estimated values as follows: (If domiciled in PAl All personal property (If not domiciled in PAl Personal property in Pennsylvania (If not domiciled in PAl Personal property in County Value of real estate in Pennsylvania 50,000.00 $ $ $ $ situated as follows: 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: Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. 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 lail Sworn to or affirmed and subscribed ..x. ~ ~ J I + Carol J. MoweryA' before me this \ \ \-; de)' of V YJ10MJ \fb.;-c~ , ,~O()~ ~(k~A ' pv i:~Reg~ No. 21-- 05 - c:L::s~ Estate of Richard S. Mowery , Deceased also known as Social Security No: 202-20-1164 Date of Death: 03/03/2005 AND NOW, ('Y):Lrch \ I , ;)()OS , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters I!lTestamentary Dof Administration (c.I.a.; d.b.n.c.t.a.; pendente lite; durante absentia;:durante minoritate) are hereby granted to Carol J. Mowery, Executrix in the above estate and that the instrument(s) dated 12/17/2002 described in the Petition be admitted to probate and filled of record as the last Will of Decedent. FEES Letters.......................................... $ Qo.oo Y.no Attorney: Edward P. Seeber, Esq. Short Certificate(s)...................... $ Renunciation............................... $ I.D. No: 76084 James, Smith, Oietterick & Connelly Address: 134 Sipe Avenue Affidavits ( )...........................$ Extra Pages ( )......................$ CQ4ieiI..w.~..!L.........................$ I 5 . ()o Hummelstown, PA 17036 JCP Fee.......................................$ i 0 . O~-' Telephone1 717/533-3280 Inventory.................... ..... ............. $ E-Mail: eps@jsdc.com ~~~...$ 5.00 TOTAL............................$ Jd L/ . 00 Prepared by the Pennsylvania Bar Association Copyright (c) 2004 form software only The Lackner Group, Inc. Form RW-1(1991) Last Will of RICHARD S. MOWERY I, RICHARD S. MOWERY, the Testator, a resident of Cumberland County, Pennsylvania, declare that this is my Last Will. I hereby revoke all my previous wills and codicils. Article One Introductory Provisions Section 1. Marital Status Ci1 I am currently married to CAROL J. MOWERY, and all references to my Spouse in this will are to CAROL J. MOWERY. Section 2. Children All references to "my children", subject to the exclusion of any child under subsequent provisions of this Section 2, are to all of the children so identified in this Section 2, but only to those children and any children born to or adopted by me subsequent to the execution of this, my Last Will. a. My Children The names and birth dates of my children are: Name Birth Date RICHARD S. MOWERY II MAXIM D. MOWERY August 21, 1948 August 8, 1950 Article Two Appointment of My Personal Representatives Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative(s) in the order of priority in which their names appear: CAROL 1. MOWERY; THEN RICHARD L. BROOKES JR.; THEN JAMES A. BROOKES II If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the next successor Personal Representative(s) shall serve in the order of priority listed until the list has been exhausted. Unless otherwise specified, if Co-Personal Representatives are serving, the next named successor Personal Representative shall serve only after all of the Co-Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond No bond or undertaking shall be required of any Personal Representative nominated in this Last Will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the Commonwealth of Pennsylvania relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Pennsylvania Probate, Estates and Fiduciaries Code. Article Three Disposition of My Property Section 1. Estate Planning Letter or Memorandum To the extent permitted by state law and not necessary to fully utilize my Unused Applicable Credit Equivalent, my Personal Representative shall distribute such of my personal or household items to such persons as I may direct by a written instrument signed by me and delivered to my Personal Representative. Section 2. Distribution to My Revocable Living Trust I give all the rest, residue and remainder of my property of whatever nature and kind and wherever located to the then acting Trustee(s) of my revocable living trust of which I am a Trustor known as the: RICHARD S'~OYVr~ ~~ CAROL 1. MOWERY LIVING TRUST, dated l.'_.P i l' ...~~ , and any amendments thereto. I executed said revocable living trust prior to the execution of this Last Will. Section 3. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of this Last Will, or as thereafter amended. Article Four Death Taxes Section 1. Definition of Death Taxes The term "death taxes," as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. Any additional to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A or 2057; and c. Any federal or state tax imposed on a Generation Skipping Transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the Generation Skipping Transfer Tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from my Trust. However, if my Trust does not exist at the time of my death or if the assets of my Trust are insufficient to pay the death taxes in full, I direct my Personal Representative to pay any death taxes that cannot be paid by my Trustee from the assets of my probate estate by equitably prorating and apportioning those taxes among the beneficiaries of this will. Unless specifically provided otherwise in my Trust, all death taxes incurred by reason of assets being transferred outside of my Trust or probate estate shall be assessed against those persons receiving such property. Section 3. Waiver of Right of Reimbursement Under Code Section 2207 A I hereby waive my estate's right of reimbursement under Code Section 2207 A. Article Five General Provisions Section 1. No Contest Clause If any person or entity singularly or in conjunction with any other person or entity, directly or indirectly, contests in any court the validity of this Last Will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and the demise of that person (and his or her descendants) or entity shall be deemed to have occurred prior to mine. Section 2. Captions The captions of Articles, Sections and Paragraphs used in this Last Will are for convenience of reference only and shall have no significance in the construction or interpretation of this Last Will. Section 3. Severability Should any of the provisions of this Last Will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this Last Will. Section 4. Governing Law This Last Will shall be construed, regulated and governed by and in accordance with the laws of the Commonwealth of Pennsylvania. I signed this, my Last Will, on DEe 1 7 2002 A' ~ tJ. >>J'~ RICHARD S. MOWERY , U On this ATTESTATION CLAUSE DEe 1 7 2002 , RICHARD S. MOWERY, Testator, personally Published and Declared the foregoing instrument, as and for his Last Will and Testament, in the presence of each of us and all of us together, who, at his request, in his presence, and in the presence of each other, also signed the said instrument as witnesses. We further state that each of us believes that at the time he executed the foregoing instrument he was of sound mind and memory, of lawful age, and did so execute it as his own free act and deed and not under the constraint or undue influence of any person. I~C;~ WItness r:D5S.!2N}lot41Jr Street Address j)U/}LL/ (n, /~/f-/70 7 g City, State, z'i[/ .) ldl.,iJOPI (}7 ~P(fM Wllnes:d 1/) ~ /1;t4L Street Address 1)14 /1){J,j? COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND RICHARD S. MOWERY, pelle io()(, J{P ffr( {l I (rl. !rUj-{){)()!e , the Testator and the witnesses, respectively, whose I names are signed to the attached or foregoing instrument, being duly first sworn, do hereby We, GJ.Y1n and declare to the undersigned authority that we were present and saw the Testator sign and execute the foregoing instrument as his Last Will; that the Testator signed it willingly, or directed another to sign it for the Testator, that it was executed as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the presence and hearing of the Testator signed the Last Will as a witness; and that to the best of our knowledge the Testator was at the time of sound mind and memory, of lawful age, and under no constraint or undue influence. /( ~r_ 9;J~ RICHARD S. MOWERY /Anz1onr9.!/fJR Witness I ~ ~ ;Y!. t!1diJPdJ-tL Witness SUBSCRIBED, SWORN TO and A KNOWLEDGED before me, a notary public, by RICHARD S. MOWERY, the Testator, and riP I' '(], U:{ and Su~n JY}. C I flAt f1 ()~ Ie-, the witnesses, on this DEe 1 7 2002 r ~4a. Y. ..;1~ N tary PublIc (SEAL)