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HomeMy WebLinkAbout07-24-14 Reset PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF G UM d V 1 GtV1d 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 �t C�t 11 tt tt 11 f pr Name: _. at({dY {� ) t �1�SQ� FileNo: _�+ `i `1 °t t 110 a/k/a: (Assigned by Register) afkla: all/a: Social Security No: Date of Death: 3POPH Age at death: "1 Decedent was domiciled at death in L U VO 15t V 14VId County, P-A (state)with his/her last principal residence at�_ (,�c Q YV ("O S/1 bi I V61 FA )-7 0 Ski•, "Street address,Post Office e ld Zip Code City,Township or orough County Decedent died at_ t7U�1 $ .Yi f WOS._Q t to I ,1 S 0 3 N o? { S i` S-t" ffi S I t Street address,Post Ogee and Zip Code City,Township or Borough iCounty State tt� p Estimate of value of decedent's property at death: t� �1 f j"1" I,V t' If domiciled in Pennsylvania...... .... .. ................ All personal property $ 4 1 O 1 0 00 If not domiciled in Pennsylvania. ......—...... __ Personal property in Pennsylvania $ If not damiciled in Pe nnsylvania. ....................... Personal property in County $ Value of real estate in Pennsylvania.. . .......... ........ .. .... ...... ...... ....... ... ........ $_ gg // TOTAL ESTIMATED VALUE. .. . Real estate in Pennsylvania situated at: 1✓ V L('1 t l"i t� Vt �(,f , I-7 0 S S (Attach additional sheets,ifnecessary.) Street address,Post Onice and Zip Code City,Township or oorrough County EZ/A. Petition for Probate and Grant of Letters Testamentary qq Pett6oner(s)aver(s)helshelthey is/am the Executor(s)named in the last Will of the Decedent,dated aC a and Codicils) thereto dated State relevant circumstances(cg.renunciation,dealt,of executor,etc) Exceptas follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was not a party to spending 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. eNO EXCEPTIONS O EXCEPTIONS B. Petition for Grant of Letters of Administration (If applicable) ct.a.,d.b.n.,d.b.n.c.t.a.,pendente lite,durante absentia,duranteminariiate If Administration,c.t.a. or d.b.n.c.t.m,enter date of Will 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. O NO EXCEPTIONS Q EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if my)and heirs(attach additional sheets,if'necessarv): Name Relationship Address Co C- s ( ' D .I- CIO Cy dos `+-a Form RW-02 rev. 10/1112011 Page I of 2 Oath of Personal Representative - • 1. soon°Y""- ' F .,n- p n:y oil} ii. ,t)!L 4. ,.t,-.L+3 COMMONWEALTH OF PENNSYLVANIA } } Ss: 214 JUL 24 PM 3* 42 COUNTY OF } Petitioner(s)Printed Name Petitioners)Printed Add `"` P M . Wi ivisoYl 3g1 clav�trtov� Rd M r ` v; Pfl i 0SO d 9h6dt_ 1<510frd C4- x tr rants The Petitioner(s)above-named swear(s)or affirms)the statements in the fore oing Petition are true and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative{s)of the'Dec n the r r(s)will well and truly administer the estate according o taw. Sworn too ffirmed a d ubscribed before Date the th' day of Date Hy. Date For the Register Date BOND Required: 0 YES 01�rO To the Register of Wills: FEES: Please enter my appearance by my signature below: Letters . . . . . . . . . . . . . . . . . . . . . . $� Attorney Signature: ( !0 )Short Certificate(s)( ). . . . . . . ( )Renunciations}.... . .. . . . ( )Codicil(s). . ........... }''�/�.{�� j p j ��{ /� �/��y B( )Af. . . . . . . .. .. ........ i4VitYt1. ofw' ( mcbo ISA of ond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: i . Commission. . . . . . . . . . . . . . . . . . Supreme Court ' Other to Number: ^^ (' //tt tC o 6.,,ro ,'], Firm Name: Address: 1.9,3 . . ... . Phone: { Q !S — "t u Ll U_ Automation Fee. . . . . . . . . . . . . . . Fax: Tw JCS Fee. . . . . . . . . . . . . . . . . . . . . �5�U Email: DP�-.sd,L�C-�_0 TOTA ... . . .. . . ... . . . .. .. . ... DECREE OF THE REGISTER Estate of ?( 1' r�� 2 t!)Xl File No: -21- t14 -t9 t7 r a/k/a: AND NOW, q� A P o�� 201 in consideration of the foregoing Petition, satisfactory proof having een presented before me,IT IS DECREED that Letters are hereby granted to 7�1 �/ I � l'.I n�sZ L) ( I b rlVan —T — in the above estate and(if app ' ble)that the instruments)dated 21 W described in the Petition be admitted to probate and filed of r ord as Y..thhe last WT (and Codicil(s))of DecedenDecedent.Y – egister of Wills /� Form RW-oz rev. 1011112011 �� !✓ Page 2 of 2 • l s WILL OF HONOR E. WILKINSON I, HONOR E. WILKINSON, of Mechanicsburg, County of Cumberland, commonwealth of Pennsylvania, make this my Last Will, hereby revoking any and all former wills or codicils made by me. - ARTICLE ONE Payment of Last Expenses I direct, my Executor to pay the expenses of my last illness and my funeral expenses as soon as may be convenient after my death. ARTICLE TWO Tangible Personal Property Section 1. Husband Surviving. I give all my automobiles, household and personal effects, and other tangible personal property of like nature (not including cash or securities) , together with any existing insurance thereon, to my husband, PATRICK T. WILKINSON, if he survives me by sixty (60) days. Section .2.. Husband Not Surviving. If my said husband fails to survive me by sixty , (60) days, : I give said property to such of my children, TY M: WILKINSON, ANTHONY M. WILKINSON, and TIMOTHY P., WILKINSON, as are. living on the sixty-first (61st) day after my death in such shares or by such items as they may agree upon or., if they are unable- to agree, then in such shares or by such items of approximately equal value as they may select by lot. Any such property allotted to a minor child may, as my Executrix or Executor deems advisable, either be delivered to the minor child, or person having custody of such minor child, or to some other person selected by my Executrix or Executor to receive such property for such minor child. co t; 03� . ` ! W C= c �� Page 1 of 8 pages c7o •., a -r: X.. ti<NO ARTICLE THREE Residue Section 1. Bequest to My Husband. I give all the residue of my estate to my husband, PATRICK T. WILKINSON, if he survives me by sixty (60) days. Section 2. .Beauest to My Children. If my said husband fails to survive me by sixty (60) days, ,I give all the residue of my estate, in equal shares to my children, TY M. WILKINSON, ANTHONY M. WILKINSON, and 'TIMOTHY P. WILKINSON, provided that the share of any child who predeceases me or dies on or before the .' sixtieth (60th) day following my death shall be distributed to his issue per stirpes living on the sixty-first. (61st) day following my death and in default of any such then living issue, such shares shall be added to the share or shares for my other children. ARTICLE FOUR Trust for Minor Beneficiaries i If any beneficiary who is entitled to receive absolutely and free of trust a share of the principal of my estate or any trust created hereunder is under the age of twenty-one (21) years (hereinafter called a "minor") , the Trustee hereinafter named in Article Seven of this Will is hereby authorized and empowered to hold and manage such share for the benefit of such minor during his minority, but this authority shall be construed as a power only and shall not operate to suspend the , absolute..ownership thereof -by such minor, nor to prevent the absolute vesting thereof in such minor. During the minority of any such beneficiary, 'the Trustee .may accumulate all or any part of the net income from such beneficiary's share or pay so much thereof, together with such amounts of the principal of such beneficiary's share, as the Trustee in his sole discretion shall deem necessary or advisable -for such beneficiary's health, support, maintenance and complete education. In' the event that any such beneficiary should die during -his minority, the Trustee is authorized, in his sole discretion, to pay part or all of such beneficiary's funeral expenses, and the remaining principal of such beneficiary's share as it is then constituted shall be paid to the persons entitled to such beneficiary's personal estate. Page 2 of 8 pages ARTICLE FIVE Other Provisions Affecting Trusts Section 1 Disbursements to or for the Benefit of Minors. In the disbursement of funds directed to be paid under Articles Three and Four hereof to or for the use and benefit of any beneficiary who is a minor, the Trustee may make payment of the same to the guardian or such other person as may have custody of the person of that minor at the time such payments are made, but without liability on the part of the Trustee to see to the application of said payments by the payee, and the receipt of any such person shall be a full acquittance of the .Trustee as to any amounts so paid, or the Trustee may make payment of the same directly to or for the benefit of such minor. Section 2. Accrued Income. Upon the death of any income beneficiary, any income accrued or received by the Trustee subsequent to the last income payment date shall be paid to the person or persons for whose benefit the principal ,producing such income is continued in trust or to whom such principal is distributed under the terms hereof. Section 3. Stock Dividends. Corporate distributions received in shares of the distributing corporation shall be allocated to principal, regardless of the number of shares and however described or designated by the distributing corporation. Section 4 . Spendthrift Provision. During the continuance of any of the trusts created under this Will, the principal sums thus held in trust for the beneficiaries, respectively, and the net income thereof shall not be subject to or liable for any contracts,, debts, engagements, liabilities or torts of such beneficiaries, or any of them, now or hereafter made, contracted, incurred or committed, but shall be absolutely free from the same, and the beneficiaries under Articles Three and Four shall have no power to sell, assign, or encumber all or any part of the said principal sums or their interest therein respectively, or the net income thereof, or to anticipate the said net income. If any anticipation, assignment or transfer, whether voluntary or involuntary, or by operation of law, shall be made or attempted by or against any beneficiary under Articles Three and Four hereof, all further payments to said beneficiary of income or principal of the trust shall be suspended for such period of time or indefinitely (but in no case for longer than the term of the trust) as the Trustee shall determine and, in lieu of such payments, the Trustee may apply so much of the income or principal of the Trust, or both, as the Trustee may deem necessary for the health, support, maintenance and complete Page 3 of 8 pages education of said beneficiary, and all income of the Trust not so applied shall, in the uncontrolled discretion of the Trustee, be accumulated and added to the principal of the trust fund at such time or times and the Trustee may deem proper. section 5 Administrative Powers. My Trustee shall have the same broad powers of retention, sale, conversion, investment, reinvestment and distribution as are granted to my Executor under this Will, without in any way limiting the usual rights and powers vested in .a Trustee. ARTICLE SIX Trustees Section. 1. . Trustee of Trusts. I appoint my son, TY M. WILKINSON, as Trustee under this Will. Any Trustee serving hereunder shall have the option to appoint as an additional or successor Trustee an individual or a corporate Trustee which is authorized to engage in trust business in the United States. If the corporate Trustee should be a party to a merger or consolidation, the resultant company shall become the successor corporate Trustee hereunder without notice to any other person. Section 2. Delegation of Powers by Individual Trustee. In the event a corporate Trustee is appointed as an additional Trustee, the individual Trustee shall have full power and authority to delegate from time to time to the corporate Trustee by an instrument in writing any or all of said individual Trustee's rights, powers and duties hereunder to the end and purpose that it. may be enabled to act in all respects for both of the Trustees hereunder during the term of such delegation; provided, however, that such delegation shall be subject to revocation by the individual Trustee upon the delivery of written notice to that effect to the corporate Trustee. Section 3. Waiver of Bond. No Trustee hereunder shall be required to give bond for the faithful performance of duty in any jurisdiction. Section 4. Compensation and Expenses of Trustees. In the event a corporate Trustee is appointed, such corporate Trustee shall be entitled to receive annual compensation for its services in accordance with its schedule in effect when the services are performed, but not in excess of such compensation as would be approved by a court of competent jurisdiction. Any individual serving as Trustee hereunder shall also be entitled to receive Page 4 of 8 pages compensation commensurate with his services rendered. Both the individual Trustee and the corporate Trustee shall be entitled to prompt reimbursement for all expenses incurred by them in the performance of their duties hereunder. ARTICLE SEVEN Executors Section 1. Executors of My Will. I appoint my husband, PATRICK T. 'WILKINSON, as Executor of this Will. My said husband, or any successor-' Executor,, shali have the authority to appoint another individual. or a bank as an additional or successor Executor., or to renounce her executorship in favor of another individual or a bank. If my said husband is unable or unwilling to act rdr to continue to act .as Executor of this Will, and a successor has not been appointed, I appoint my sons, TY M. WILKINSON and ANTHONY M. WILKINSON, as Co-Executors of this Will. Section 2 . Waiver of Bond. No Executor hereunder shall be required'to give bond for the faithful performance of duty in any jurisdiction. Section 3. . Power to Retain Assets .. My Executor may retain as an investment without any duty of diversification, all property, real or personal, owned by me at my death. Section .4.. Power to Invest. My Executor may invest and reinvest the .principal held in trust, together with any income accumulated thereon, in such stocks, bonds, mortgages, securities , or -other, property, real or, personal, as he deems advisable without being limited to the classes of securities or investments in which trust fiduciaries are authorized by law to invest trust funds. Section 5. Power to Sell Real Estate. My Executor may from time to time sell any and all real estate held hereunder, at public or private sale, for such prices and upon such terms as he deems advisable, and may make, execute and deliver any deed or deeds therefor, conveying title therein in fee simple absolute, or for any less estate, to any purchaser or purchasers, freed and discharged of any and all trusts hereunder. Section 6. Power to Deal With Assets. My Executor may from time to time sell, exchange, lease, encumber, option or otherwise dispose of' all or any portion of the assets held in trust in such Page 5 of 8 pages manner and upon such terms and conditions as he deems advisable, and may make, execute and deliver deeds, mortgages, leases, assignments and other documents necessary to carry out any of the powers granted the Executor, and which shall specifically include the authority to grant leases which extend beyond the period authorized by law. Section 7. Power to Distribute in Kind. My Executor may distribute in cash or in kind, or both, and may allot different kinds of property to different shares, as he deems advisable, without respect to the income tax basis of such property, and such designations or divisions, including the values placed on such property for such purposes, shall be conclusive upon all parties: Section S. Tax .Elections. My Executor in connection with the making and filing of all income tax, estate, inheritance and other death tax, gift tax and other tax returns and paying of any such taxes, whether or not the liability for such taxes arises before, at or after my death, and in connection with the adjudication or settlement of liability for any such taxes, may make such elections, decisions, concessions and settlements, including extensions of time for the payment of any Federal estate taxes or other taxes due as he or she, in his or her uncontrolled discretion, may determine to be proper, without liability to any person thereby affected and without the necessity of having to make compensating adjustments. ARTICLE EIGHT Source of Payment of Taxes and Expenses All ,estate taxes,' inheritance taxes, transfer taxes, and other taxes of a similar nature, including any interest or penalties thereon, payable by.reason of my death upon or with respect to any property subject to any such tax', whether or not such property passes under this Will, and all debts, costs of administration and other proper expenses shall be paid by my Executor out of the principal of that portion of my estate disposed of by Article Three, without reimbursement from or apportionment among the beneficiaries, recipients, or owners of such property. Page 6 of 8 pages ARTICLE NINE Interpretation of Will Section 1. Singular and Plural; Use of Gender. Whenever used herein, the singular shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders. Section 2. Definitions. (a) Child; Children, or .Issue. Whenever the terms "child, " "children" or "issue" are used herein, such terms shall include adopted children, regardless of -the date .of adoption, .with full effect as if they were .the natural children of the adopting parents. Such terms are also intended to include persons in gestation at any pertinent time under this Will, provided such persons survive birth by thirty (30) days. (b) Education. Whenever the terms "education" or "complete education" are used herein, such terms shall include all tuition, travel, room, board and- other costs and expenses related to preparatory, special, vocational, business, college, post- graduate, professional and other training. (c) Health. Whenever the term "health" is used herein, such term shall include all medical, dental, hospital and nursing expenses and expenses of invalidism. Section 3 . Captions. The captions of articles and sections of this Will are for convenience of reference only and shall not affect the interpretation of this Will. Section 4 . Governing Law. I hereby declare that I am a domiciliary of the Commonwealth of Pennsylvania and that the succession laws and other applicable laws of the Commonwealth of Pennsylvania shall control the interpretation of .this Will and the .ownership of any other property passing at the time of my death other than under this Will, and that no succession laws of any other nation or state shall have any applicability to this Page 7 of 8 pages Will or the ownership of any other property passing at the time of my death other than under this Will. IN WITNESS WHEREOF, I have hereun.�t.p set my hand and seal to the original of this Will on this , � "- day of p 1994 . �� .c4� C '0 !� ($EAL) . «tin HONOR E. WILKINSON Social Security Nu ber ' Signed, sealed, published and declared by the above-named Testatrix, as and for her Last Will in the presence of us and each of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto the day and year last above written. Witness Witness Page 8 of 8 pages ACKNOWLEDGMENT AND AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA j u— . ) ss: COUNTY OF ) We, HONOR.��E� l. _WILKINSON, and � ( Q,, n s-✓ , the Testatrix . "ne witnesses,, respectively, whose, names are signed to the attached or fgregoing. instrument, being. first duly sworn, do hereby declare to the undersigned authority. that .the Testatrix, signed . and sxecutedr''the 'instrument' ag..her� Last _Will.;and--that-she -signed willingly; and that-she executed it as' her free and voluntary act for the purposes therein expressed, and that each of the witnesses', in the presence and hearing of the Testatrix, signed the Will as witnesses and that to the best of their knowledge the Testatrix was at that time .eighteen years of age or older, of sound mind .�yand o under no constraint or undue influence. HONO�l2 E'. W "LKINSON U Witness (2.,/. &LPA J Witness SUBSCRIBED, sworn to and acknowledged before me by HONOR E. WILKILSON, the Testatrix, and subscribed and sworn -to before me _. . .. .. . .... ..by.... a�P� - S. m •k7J and_ k.%vtu_k A YV�i.%Cn� , witnesses:, this ZS day of u 1994 . N. taryr. Public (Notarial Seal) NOiARIALSEAt Sheryl L.AlbetliRl.NofaryAu�t>p HadisburgPA, DaupryinCourgy My Commission Expiregqug,Lg 1995 rsme r