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HomeMy WebLinkAbout10-22-14 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: Charlie L.Forrester and Betty M.V. Martin Mildred V. Forrester died 12/02/1923 Decederlift Information _ Name: John W.Forrester File No: 2144 alk/a: (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 10/0612014 Age at Death: 93 Decedent was domiciled at death in Cumberland County„ PA (State)with his/her last principal residence at 638 Mud Level Road,Shipperisburg 17257 Southampton Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at 638 Mud Level Road,Shippensburg 17257 Southampton Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: If domiciled in Pennsylvania...................... All personal property $ . 989,521.00 lfnot domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 1,437,600.00 TOTAL ESTIMATED VALUE $ 2,427,121.00 Real estate in Pennsylvania situated at Mountain ground in Fanned Twp. Shippensburg Franklin (Attach additional sheets,ifnecessary.) 2 Farms in Southampton Twp. Shippensburg Cumberland Street address,Post Office and Zip Code City,Township or Borough County 0 A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 10/27/2010 and Codicil(s) thereto dated r.,., State relevant ciraxnstanoes(e.g.,renunciation,death ofexecutor,etc.) �7 Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not many,was not divwas nota arty r ding divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),an ' idwt have mild bwp adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. ❑X NO EXCEPTIONS ❑ EXCEPTIONS A r— r\) 77! �! 1 ❑B. Petition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.ta.,pedentelite,"duranteabsentia' ranteOnori;ate If Administration,c.ta ordb.n.c.ta.,enter date of Will in Section A above and complete list of heirs. c- Except as follows:Decedent was not a party to pending divorce proceedingwherein the grounds for divorce had been=_e j"stablisherd9s de�neyj in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever aqudicated an incapacitated person. -� M Cn ❑NO EXCEPTIONS ❑ EXCEPTIONS y )-A 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(attach additional sheets,if necessary): Name Relationship Address Jean M.Wingert Daughter 13295 Buchannon Trail West Mercersburg,PA 17236 Betty M.V.Martin Daughter 950 Pinola Road Shippensburg,PA 17257 Charlie L.Forrester Son 745 Britton Road Shippensburg,PA 17257 Danny G.Forrester Son 100 Fox Hill Road Shippensburg,PA 17257 See continuation schedule attached Form RW-02 rev.fo-1 f-2011 Copyright(c)2011 form software only The Ladner Group,Inc Page i of 2 Oath of Personal Representative OEricialUse Only COMMONWEALTH OF PENNSYLVANIA } } SS: RECORDED OFFICE OF COUNTY OF Cumberland R E C.I C`I"; f7 or Petitioner(s)Printed Name Petitioner(s)Printed Address Charlie L.Forrester 745 Britton Road u J Shippensburg,PA 17257 Name as listed in Will: Charlie L.Forrester LW O I` Betty M.V. Martin 950 Pinola RoadO R P H A��,S, C o U C�T Shippensburg,PA 17257 Name as listed in Well: Betty M.V.Martin CUMBERLAND C^.,-PA 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 cf Petitioner(s)and that,a5 Personal Representative(s)of a ceder,Petition s)will well a truly administer the estate according to law. Sworn to or ffirmed an s before e ,r Date me th" da f G`' ' � t. Date [D- By: Date Regester Date BOND Required? I YES ©NO To the Register of calls: Please enter my appearance by my signature below: FEES: Letters.".........".............................. $ O Attorney " nature: ( )Short Certificate(s)......... ( )Renunciation(s)........"..... ( AA )Codicil(s)........................ Affidavits Printed Name: Jerry A.Weigle Esquire Bond....."..."."................""".............. Supreme Court Commission.."..."....."....."............... ID Number: 01624 Other Firm Name: Weigle&Associates,P.C. Address: 126 East King Street IS Shippensburg,PA 17257 Phone: 717/532-7388 Automation Fee..:...".................."." rj Fax: 717/532-5289 JCS Fee....................................... � .j 6 Email: jweigle@weigleassociates.com TOTAL............... DECREE OF THE REGISTER Date of Death: 10/06/2014 Social Security No: Estate of John W.Forrester File No: 2144 - a/k/a: AND NOW, I JQ I in consideration of the foregoing Petition, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary are hereby granted to Charlie L.Forrester and Betty M.V. Martin in the above estate and(if applicable)that the instrument(s)dated 10/27/2010 described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent. ,, RegisterotWills r R Copyright(c)2011 form software only The Ladner Gawp, nc (!:!,ep of 2 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: 1Lf6g� �l� I DECEASED I U_ r-i I ° C) v7 U-) 1 CA U_ - G C C) C) " �, � NO. 21- -� csrX, L U w cv � c\ Gr_� CL t!? {-- C7 LL) Ct rn `'J C3 �= CC CC -� C"i AFFIDAVIT I swear or affirm that Z7 zo/% (4J /z, 22 0)Ll Z141,IL4 t4 &IJ GW OY))WIL 6j- 3tA4 J OAS 90J CY, vnSworn to or affirmed and subscribed S nature Before me this day &ray Name /n A M1191 uty for the Registe f Wills .4 1�1"IVA" I - 1�! Z S AddrAl LAST WILL AND TESTAMENT I, JOHN W. FORRESTER, presently residing at 638 Mud Level Road, Shippensburg, Cumberland County, Pennsylvania 17257 being of sound mind, memory and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void all Wills by me at any time heretofore made. FIRST. I order and direct the payment of all my legally enforceable debts and funeral expenses as soon as may be convenient after my decease. SECOND. Before making any bequests under this my Last Will and Testament, I want to state emphatically for the record that it was always the intent of my beloved wife, MILDRED V. FORRESTER, during her lifetime and has always been my intent during my lifetime to treat all four of our beloved children, namely DANNY G. FORRESTER, CHARLIE L. FORRESTER, BETTY M. V. MARTIN and JEAN M. WINGERT as equally as possible at all times. With that guiding principle in mind, my beloved wife, MILDRED V. FORRESTER, and I previously caused various tracts of farm and mountain land that we owned or paid for to be titled simply in the names of our above mentioned children as tenants in common at various times over the years as part of our estate plan. This plan included, among other objectives, the intent to avoid at least a portion of the federal and state death taxes that might be owed upon our passing with the hope that our beloved children would be able to work together to formulate a plan to further divide the jointly owned real estate among them with the end result being that each of our children would ultimately own real estate or a combination of real estate and cash which would be equal to the share of the others. Said jointly owned real estate includes the following: #1. Farm located in Hopewell Township, Cumberland County, Pennsylvania (Cumberland County D.B. 110 P. 364) more commonly referred to within the family as "Danny's Farm". #2. Farmland located in Southampton Township, Cumberland. County, Pennsylvania (Cumberland County Deed Book 110, Page 361, 259, Page 1971, at Volume 32, Page 760 and 259, Page 222) more commonly referred to within.the family as "Charlie's Farm". U- C\J w `n "43. Far'm' land located in Southampton Township, Cumberland County, Pennsylvania ca _- co !(Cumberland County Deed Book G Volume 30 Page 463). <. iA- 1 _ Z:D ca o 54 .fir.'act #1 of farmland located along Pennsylvania Route 11 located in Southampton ca rz �.� UJ 1 cv i%i ::10wnship, Franklin County, Pennsylvania (Franklin County Deed Book 741 Page c ) co cam, WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 #5. Farm tract located in Southampton Township, Cumberland County, Pennsylvania (Deed Book E Volume 31 Page 478) more commonly referred to within the family as the pilgrim place. #6. Mountain ground located in Fannett Township, Franklin County, Pennsylvania (Deed Book 929 Page 617). Unfortunately, however, our children have not yet been able to amicably arrive at an equitable division as envisioned by my beloved wife and myself, so that I intend to influence what I consider to be a fair and equitable,division of the assets previously conveyed and paid for with our funds through the disposition of my remaining estate upon my death. THIRD. I direct my hereinafter named executors to cause all of the real estate remaining in my estate at the time of my death and all of the real estate described in Paragraph SECOND of this my Last Will and Testament to be appraised as soon as may be convenient and expedient after my death by three competent real estate appraisers who are thoroughly knowledgeable with real estate values in the Cumberland and Franklin County areas. I further direct that an average of the three appraisals obtained for each tract of real estate be established by my hereinafter named Co-Executors to set the value for all real estate in my estate for both death tax valuation and distribution purposes in my estate. I further direct all four of my children to use the average of all three appraisals obtained for the farm'and mountain tracts already in their names as described in Paragraph SECOND of this my Last Will and Testament to establish a value for the same which shall be agreed upon by all and utilized as hereinafter described. FOURTH. With the above in :mind, I direct that all of my non-liquid assets be sold at either public or private sale as soon as may be prudent and convenient after my death, within the sole and absolute discretion of my hereinafter named Co-Executors and that the net proceeds thereof, together with all of my liquid assets which combined will constitute all of my estate, be distributed to my beloved children namely, DANNY G. FORRESTER, CHARLIE L. FORRESTER, BETTY M. V. MARTIN and JEAN M. WINGERT in equal shares, or in the event that any child predeceases me, to his/her natural children living at thi tia.C of any death only (it being my intent to exclude any stepchildren from any distribution under this my Last Will and Testament), upon the following terms and conditions: a. With respect to "Charlie's Farm" as more particularly described in paragraph SECOND of this my Last Will and Testament above, my son, DANNY G. FORRESTER or his heirs must convey his undivided one-fourth interest in said real estate to his brother, CHARLIE L. FORRESTER for its appraised value as above described in Paragraph THIRD of this my Last Will and Testament immediately upon a cash tender to him by the said CHARLIE S. FORRESTER of the appraised amount for an undivided one-fourth interest in said farm so that the said CHARLIE L. FORRESTER will then own either individually or with his wife, the entire fee simple interest in said farm (the said Charlie L. Forrester having previously secured the undivided one-fourth WEIGLE & ASSOCIATES. P.C. — ATTORNEYS AT LAW — 126 EAST KING STREET — SHIPPENSBURG, PA 17257-1397 interests of his sisters BETTY M.V. MARTIN and JEAN M. WINGERT). Should the said DANNY G. FORRESTER fail to execute a deed of conveyance for his undivided one-fourth interest in this farm real estate to his brother, CHARLIE L. FORRESTER, upon presentation of a cash tender for said interest as described above within thirty (30) business days, thereafter, I direct that the said DANNY G. FORRESTER shall not receive any distribution under this my Last Will and Testament, and that his share be distributed among my remaining children who survive me. . b. With respect to "Danny's Farm" as more particularly described in Paragraph SECOND of this my Last Will and Testament above, my children namely CHARLIE L. FORRESTER, BETTY M.V. MARTIN and JEAN M. WINGERT or their respective heirs, each of whom presently own an undivided one-fourth interest in this farm real estate, must convey their respective interests therein to their brother, DANNY G. FORRESTER for the value of their shares as determined by the appraised value to be determined pursuant to Paragraph THIRD of this my Last Will and Testament immediately upon a cash tender to each of them by the said DANNY G. FORRESTER so that the said DANNY G. FORRESTER will then own either individually or with his wife the entire fee simple interest in said farm. Should any of my above named children, to wit, CHARLIE L. FORRESTER, BETTY M.V. MARTIN and JEAN M. WINGERT fail to execute a deed of Conveyance for his/her undivided one-fourth interest in this farm real estate to their brother, DANNY G. FORRESTER upon presentation of a cash tender for their interest as described above within thirty (30) business days thereafter, I then direct that any child who fails to so act shall not receive any distribution under this my Last Will and Testament, and that his/her share, be distributed among my remaining children who do cooperate and who survive me. c. With respect to the remainder of the farm tracts and mountain ground as more particularly described in Paragraph SECOND of this n-iy Last Will and Testament, I direct that my four above named children cooperate as to the ultimate disposition of said real estate among them within six months from the date of my death. In the event that no amicable agreement can be reached within said six month time period with respect to any or all of said farm tracts and mountain ground, I then direct that said tract or tracts that cannot be amicably settled in kind be sold at either public or private sale(s) as soon as may be economically prudent thereafter as close to the appraised values as established pursuant to Paragraph THIRD of this my Last Will and Testament, and the net proceeds thereof distributed among my four children in equal shares. Any of my children who fail to so act as directed in any of the previous provisions of this my Last Will and Testament shall not receive any distribution under this my Last Will and Testament which shall then be distributed among my remaining children who do cooperate as directed and who survive me. 1 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 FIFTH. I specifically direct that no distributions be made to any of my children under this my Last Will and Testament until my directions as set forth in Paragraph FOURTH have either been carried out or it has conclusively been determined that said directions will not be carried out as provided herein. SIXTH. I appoint my son, CHARLIE L. FORRESTER, and my daughter, BETTY M.V. MARTIN or the survivors thereof to be the Co-Executors of this my Last Will and Testament. SEVENTH. I direct that all taxes that may be assessed in consequence of my death of, whatever nature and by whatever jurisdiction imposed, shall be paid from my residual estate as a part of the expense of the administration of my estate. EIGHTH. I direct that my personal representatives shall not be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, JOHN W. FORRESTER, have hereunto set my hand and seal to this my Last Will and Testament, written on f-our ) pages, the first three (3)pages signed for identification only,this�'�7 day of 2010. �— Y �$ _ (SEAL) 6• WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ,w This instrument was by the Testator, on the date hereof, signed, published and declared by him to be his Last Will and Testament, in our presence, who at his request and in the presence of each other, we believing him to be of sound and disposing mind and memory, have hereunto subscribed our names as witnesses. COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, JOHN W. FORRESTER, the person whose name is signed to the 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. JOHN W. FORRESTER Sworn or affirmed to and acknowledged before me bW. FO the Testator, this ay of , 2010. No NOTARIAL SEAL Jerry A.Weigle,Notary Public City of Shippensburg,Cumberland County My Commission Expires October 7,2014 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND We, and Gl rt the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw JOHN W. FORRESTER, the Testator, sign and execute the instrument as his Last Will; that he signed willingly and that he 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 the time eighteen (18) or more years of age and of sound mind and under no constraint or undue influence. Sworn or affirmed to and subscribed before me by J , zb and: . �c `rt eases`; this2 y of V rjs&*t� 10. . i Not ''r�MMONWEALTH OF PENNSYLVANI` NOTARIAL SEAL Jerry A.Weigle, Notary Public EcmityyCommission of Shippensburg,Cumberland County Expires October 7,2014 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397