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Home My WebLink About05-02-14 Reset 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)the following and respectfully request(s)the grant of Letters in the appropriate form: Decedent's Information r� ' � 1�- 1 �� ) Name: WILMER B.MAXWELL File No: OV 1 �7 � a/k/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: APRIL 5,2014 Age at death: 91 Decedent was domiciled at death in CUMBERLAND County, pENNSYLVANIA (Srare)with his/her last principal residence at 117 S.ORANGE ST CARLISLE 17013 CARLISLE BOROUGH CUMBERLAND Street address,Post Of£►ce and Zip Code City,Township or Borough County Decedent died at 117 S.ORANGE ST,CARLISLE 17013 CARLISLE BOROUGH CUMBERLAND PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedenYs property at death: If domiciled in Pennsylvania............................ All personal property $ 115,000.00 If not domici[ed in Pennsylvania. ................. .... .. Personal property in Pennsylvania $ If not domiciled in Pennsylvania. .. ................... .. Personal property in County $ Value of real estate in Pennsylvania.. ............... ... .......... ............... .... ........ $ 150.nnn.00 TOTAL ESTIMATED VALUE. . .. $ 265.000.00 Real estate in Pennsylvania situated at: 117 S. ORANGE ST,CARLISLE 17013 CARLISLE BOROUGH CUMBERLAND (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,Township or Borough County � A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated APRIL 14,2005 and Codicil(s) thereto dated MARCH 18,2014 FxecntnrYKathlePn Maxwell,is called"Kathleen Maxwell Clewett"in the will,referring to her hushand's surname�Clewett� State relevant circumstances(e.g.renunciation,death of executor,etc.) Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,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. §3323(g),and did not have a child born or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. �NO EXCEPTIONS �EXCEPTIONS � B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.c.t.a.,enter date of Wili in Section A above and complete list of heirs. Except as follows: Decedent was not a party to a pending divorce proceeding 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 person. �NO EXCEPTIONS �EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and t�eirs(attach additional sheets,if necessary): � C'� �--, :L) Name Relationshi A r � � � W � �C f1"7 � . m � � � � �" � � cv -;,� � U'' -;4: ,,., � �a �� "� .�'�� ,� c� n -n 3 , �, rv r rn -.� r' � s -n .. Form RW-02 rev.�oi��iaoi� Page 1 of 2 Oath of Personal Representative Official Use Only �^� N C:� � � � � (� COMMONWEALTH OF PENNSYLVANIA } � O � � } S S: �` 'n � � � � -S) —C `.i'� .�7 COUNTY OF CUMBERLAND } C� s e� --� � x.._. �„ N c� Petitioner(s)Printed Name Petitioner(s)Printed Address ;,;;�., `� �•- Kv? '� KATHLEEN MAXWELL 8 CAVE HILL DR. CARLISLE PA 17013 i.-� � 'T1 � ��= � � � � � rn ;�, x -� The Petitioner(s)above-named swear(s)or affirm(s)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,the Petitioner(s)will well and truly administer the estate according to law. Sworn to o aff ed an s scribed before ��i��i�GG�EyL__ Date S � / me thi , Date By: Date or r e Regisrer Date BOND Required: � YES � NO To the Register of Wills: FEES: Please enter my appearance by my signature below: Lett s. . . . . . . . . . . . . . . . . . . . . . $ � �� Attorney Signature: (� )Short Certificate(s). . . . . . •�O ( )Renunciation(s).. . . . . . . . ��1 ( f )Codicil(s). . . . . . . . . . . . . !/ ( )Affidavit(s).. . . . . . . . . . . � O Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: THOMAS E.FLOWER Commission. . . . . . . . . . . . . . . . . . Supreme Court 0 he� . . . . . . . . r ID Number: 83993 C�? . . . . Firm Name: FLOWER LAW,LLC .{�. . . . . A p Address: ]0 W.Hi('rH ST • • • • • • • • CARLTSLF.,PA 17013 . . . . . . . Phone: 717 243-5513 Automation Fee. . . . . . . . . . . . . . . •Q� Fax: 717 241-4021 JCS Fee. . . . . . . . . . . . . . . . . . . . . . 0 Email: T(�M Fi,nWF.R-T.AW.CnM TOTAL. . . . . . . . . . . . . . . . . . . . . $ ' G DECREE OF THE REGISTER Estate of WILMER B.MAXWELL File No: 2 �� / a/k/a: AND NOW, � ,—Gi��/ ! ,in consideration of the foregoing Petition, satisfactory proof having been pr e ted before me,IT IS DECREED that Letters TESTAMENTARY a hereby granted to KATHLEEN MAXWELL in the above estate and(if applicable)that the instrument(s)dated APRIL 15 2005 and MARCH 18 2014 described in the Petition be admitted to probate and filed of rec r as the last Will(and C i 1(s)) of Decedent. �_�/�'`-�= ' er of Wills Form RW-02 rev.!0/ll/20/l __ _. _ _ _ _ REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA �� , ; ,, RT No. 2014- 00431 PA No. 21- 14- 0431 Es ta te Of: WILMER B MAXWELL (first,Middle,Last) La te Of: CARLISLE BOROUGH CUMBERLAND COUNTY Deceased Social Securi ty No: WHEREAS, on the 5th day of May 2014 instruments dated: April14th2005 March 18th2014 were admitted to probate as the last will and codicil of W/LMER B MAXWELL IFirst,Midd/e,LasU late of CARL/SLEBOROUGH, CUMBERLAND County, who died on the 5th day of April 2014 and, WHEREAS, a true copy of the will &codicil as probated is annexed hereto THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: KA THLEEN MAXWELL who has duly qualified as EXECUTOR(R/XJ and has agreed to administer the estate according to law, all of which fully appears of record in my offi ce a t CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal �f my �ffi ce on the 5th day of Ma y 2014. o �n `� ra w � � �- . �.'� ca - •-a � � I.a.. �' � 4'�-- ( > C.y . Lc,, t:.. � �� ,? Regis er of 7/s �� _.. r^, �r� s t,i,.! E,! � C d -�'-" � ��`��/�� Ca ,_., _...! M�' �:� pep ^�r Ei� �— � � i.tJ Q � � t1" � C.7 � � � � - � � � � c� � ;,,,y N **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) Affidavit Commonwealth of Pennsylvania ) )SS: County of Cumberland ) Before me,the undersigned notary public, this day personally appeared Kathleen Maxwell,to me known, who being duly sworn according ta law, deposes the following: I, Kathleen Maxwell, have been married to R. Lancelot Clewett, Jr. for thirty years. Throughout my marriage I have retained my maiden surname. My father referred to me as "Kathleen Maxwell Clewett" and identified me by that name as executrix in his will. --�1��.�=��`'�^��_-�� Kathleen Maxwell Subscribed and sworn to before me this O�ND day of May, 2014. ��_�/Y� Notary Public. COMMONWEALTH OF PENNSYLVAIWp - "`� NOTARIAL SEAL C, .� � m THOMAS E.FLOWER, p� � o rn � � ,� o nn�r.�,�Q�CVA� , � -a { cn � -�---�- ..,� r, � c� ._,� c� � ;.� r-'- rrt A n o, �.�.+ --�. �-.w .� [V ��7 G7 ..__ C� �..: c: � �7 C-j � '� .,,.� -.n � O _� � � "fl O � �- G7 . �, tv i-- rn —i r +-"� G''2 � 'V'1 �.0 _ _ . _ _ . . � , � c � � rn rn� � � � o m � � -c c�� :.� 1,,, r--- --t � � �� t_r� �� ,.,� r� ... ...�, c� ,.. �� , ,. , - ,. , � c:� t; t� —p . ; -,`t c� � �,.� 3 _ -n � �= ��::: � . x� :v r rn ..� --� r LAST WILL AND TESTAMENT � --� � �'' I, WILMER B. MAXWELL, of Carlisle Borough, Cumberland County, Pennsylvania, being of sound and disposing mind and memory,do hereby make,publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils by me made. 1. I direct that all my legally enforceable debts,funeral expenses,testamentary expenses and all inheritance taxes (whether such taxes may be payable by my estate or by any recipient of any property) shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. My personal representative shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. 2. If my spouse shall survive me by thirty(30)days,then I give,devise and bequeath all of my estate, whether real, personal or mixed property, whether tangible or intangible, and wherever situated, unto my spouse, BETTY F. MAXWELL, absolutely. 3. In the event my said spouse shall predecease or fail to survive me by thirty(30)days,then I give such items of tangible personal property as are itemized in a certain list or memorandum,if any, attached hereto or kept herewith to the persons named thereon,which list or memorandum is signed and dated by me at the end thereof, and I direct that such other items of my tangible personal property as they shall select be distributed to my children, ROBERT GRAHAM MAXWELL, KATHLEEN MAXWELL CLEWETT and DAVID HAROLD MAXWELL, in such fair and equitable manner as they shall determine by mutual consent. Page 1 of 4 Pages �L��- W.B.M. I � y . them such power as my personal representative considers desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; and to execute and deliver such instruments as may be necessary to carry out any of these powers. In addition,I direct that my personal representative shall have the power to conduct an inventory of any safe deposit box necessary to the administration of my estate. IN WITNESS WHEREOF I have hereunto set my hand and seal this 14t"day of April,2005. � EAL) Wilmer B. Maxwell � SIGNED,SEALED,PUBLISHED AND DECLARED by the above-named Testator,as and for his Last Will and Testament, in the presence of us,who at his request,have hereunto subscribed our names as witnesses thereto, in the presence of the said Testator and of each other. --„� _ __,. Page 3 of 4 Pages _ _ __ _ __ __ _ _ � , „ . COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I, WILMER B. MAXWELL, 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;that I signed it willingly;and that I signed it as my free and voluntary act for the purposes therein expressed. i��2� • Wilmer B. Maxwell Sworn or affirmed to and acknowledged before me by WILMER B. MAXWELL, the Testator, this 14th day of April, 2005. Notary u ic Notarial Seal COMMONWEALTH OF PENNSYLVANIA �a��onB10°�''',Notary Public � wp.,Cumbedand Couniy : S S. My Co�mnission Expires August 5,2006 COUNTY OF CUMBERLAND ) �'��`� We, � Ga n'1 and Y> l�° the witnesses whose ames are signed to the attached or foregoing instrument,bei g duly qualified according to law, do depose and say that we were present and saw WILMER B. MAXWELL, the Testator,sign and execute the instrument as his Last Will;that the Testator signed willingly and that the Testator executed it as his free and voluntary act for the purposes therein expressed;that each of us, in the hearing and sight of the Testator, signed the Will as witnesses; and that to the best of our knowledge the Testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence. Address ��(��-��s a �� '�(,s(e,. � l7�13 � � c � _ _ - ,.�, . � ss � EnvL� T�� _ Ccw l�s�l� ��A� �7�l3 Sworn or affirmed to and subscribed before m this 14th day o pril, 2005. Nota u ic t�otarial Seal Public C:\Office-Estate Planning\10518.1h-will.doc S�g�E'8�00�'N°tary�d�ounty No�th Middleton Twp•,C�u�5 � My�o�rnnission Exp� Page 4 of 4 Pages �nae�',��''S`�"�`��i°��"�' ' t,. N c� s � m rn � � n ?.- ° � �' o cz� -c, -�'c %� �a COC�IC11t0 `� � `� � �� :y �. r-- ,..� �� ;--- ;_ i`�) !"� C7 Last Will and Testament of Wilmer Ma��nY�ll ro �=:', � G� �, `� 3 '- _ '�� r� I, Wilmer Maxwell, a resident of Cumberland County, Pennsylvania make�i�ny wi1�I � n' hereby revoke any other wills or codicils made by me. � � � �''' � First: Article 2 is hereby amended and restated in its entirety to read as follows: I am specifically disinheriting my spouse, BETTY F. MAXWELL. In anticipation of my spouse receiving public benefits, it is my intent that no inheritance of my assets jeopardize those benefits and therefore I am intentionally disinheriting my spouse. Second: Article 4 is hereby amended and restated in its entirety to read as follows: I give, devise and bequeath all the rest, residue and remainder of my estate, whether real, personal or mixed property, whether tangible or intangible, and wherever situated, in equal shares, unto my children, ROBERT GRAHAM MAXWELL, KATHLEEN MAXWELL CLEWETT and DAVID HAROLD MAXWELL, absolutely. Should ROBERT GRAHAM MAXWELL or DAVID HAROLD MAXWELL predecease me, I direct that their issue shall receive their parents share, per stirpes. Should KAHLEEN MAXWELL CLEWETT predecease me, I direct that her husband R. LANCELOT CLEWETT inherit her share. Third: In all respects not hereinabove altered, I ratify and confirm my last will. Contest Provision If, after receiving a copy of this Contest Provision, any person, in any manner, directly or indirectly, attempts to contest or oppose the validity of this amendment (including any amendment to this amendment), or commences, continues, or prosecutes any legal proceeding to set this amendment aside, then such person shall forfeit his or her share, cease to have any right or interest in the property, and shall, for purposes of this amendment be deemed to have predeceased me. Executed on March 18, 2014. �!" ;9 `` K � , �'``/ i�.�, ,.,� �li%(;,,, z,,� � � � (signature) f, ) �� ar I'�� x�� { l � (printed name) Codicil of the Last Will and Testament of Wilmer Maxwell Page 1 Law Offices of Aviv S.Bliwas,LLC,20 Erford Road Suite 304,Lemoyne,Pennsylvania (717)761-4864 COMMONWEALTH OF PENNSYLVANIA ) ) ss.. COUNTY OF CUMBERLAND ) On this day, March 18, 2014, before me personally appeared �j� �►�'�P� �'�q Xr,�e �( , personally known to me (or proved to me on the basis of satisfactory evidence) to be the individual whose name is subscribed to the foregoing � Amendment, and acknowledged that he/she executed the same as his/her voluntary act and deed for the purposes therein contained. Witness my hand and official seal. [Seal] . � Ip1�ONAl�EAt. < ��_'��''�r� Aviv S. Bliwas,Notary Public �tMw.�C�iMM�iC� ��,� My commission expires 5/29/17 Notary registration no. 1276383 Signed by the Testator in the presence of: . - a '"'""`° J nette Harrison,Witness Au ust S hcer, itness 20 Erford Rd, Suite 304 20 Erford Rd, Suite 304 Lemoyne, PA 17043 Lemoyne PA 17043 COMMONWEALTH OF PENNSYLVANIA ) ) ss.. COUNTY OF CUMBERLAND ) On this day, March 18, 2014, before me personally appeared Jennette Harrison and Augusta Spandler, personally known to me (or proved to me on the basis of satisfactory evidence) to be the individuals whose names are subscribed to the foregoing � Amendment, and acknowledged that they executed the same as their voluntary act and deed for the purposes therein contained. Witness my hand and official seal. [Seal] , � � _. � �� Aviv S. Bliwas,Notary Public �� My commission expires 5/29/17 �� Notary registration no. 1276383 Codicil of the Last Will and Testament of Wilmer Maxwell Page 2 Law Offices of Aviv S.Bliwas,LLC,20 Erford Road Suite 304,Lemoyne,Pennsylvania (717)761-4864 OATH OF NON-SUBSCRIBING WITNESS(ES) REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of WILMER B. MAXWELL , Deceased KATHLEEN MAXWELL and R. LANCELOT CLEWETT, JR. , (each)being duly qualified according to law, depose(s) and say(s)that she/he/they was/were well- acquainted with WILMER B. MAXWELL and am/are familiar with the handwriting and signature of the decedent, and that the signature of WILMER B. MAXWELL to the foregoing instrument purporting to be the Last Will and Testament/Codicil of WILMER B. MAXWELL is in his/her own proper handwriting. �Q��J��/��,�/ � � � � (S�gnature) � (Signature) 8 CAVE HILL DR. 8 CAVE HILL DR. (Street A dress) (Street Address) CARLISLE,PA 17013 CARLISLE, PA 17013 (City,State,Zip) (City,State.ZiP) Executed in Register's Office Sworn to or affirmed and subscribed before e this �� day of , l�� puty for Register of Wills Form RW-04 rev.l0.13.06