HomeMy WebLinkAbout01-07-15 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF CLL1yrhL11 &1.y1 , 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 Inf rmation �)
Name: File No:
a/k/a: 0 (Assigned by Register)
a/k/a:
a/k/a: Social Security No: /�
Date of Death:�,dl. ,2Q/ Age at death: �19
Decedent was domiciled at death in County, (State)with his/her last
principal residence at c 40mZ 901 Hon ol e,, ;, ex'-j-, ,(R- p// /7-0/3
,,/ Street addres Post Office and Zip Code City,Township Borough County
Decedent died at /ra 03 —n, '"TST C ..QO 4 r"', /.'t
10,4
Street dr ss,Post Office and Zip Code City, ownship or Aorough County State
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania............................ All personal property $
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. ....................... Personal property in County $
Value of real estate in Pennsylvania......................................................... $
TOTAL ESTIMATED VALUE. ... $ UOQ r 0
T
Real estate in Pennsylvania situated at: tv
(Attach additional sheets,ifnecessary.) Street address,Post Office and Zip Code City,Township orMrough epi r � my
C> �— M C>
[� A. Petition for Probate and Grant of Letters Testamentary Ev -0 = --
Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated i�,� an4owi il(s)
thereto dated
State relevant circumstances(e.g.renunciation,death of executor,etc.)
(D "rl
Except as follows: after the execution of the instrument(s)offered for probate Decedent did not marry,was not divorced,was notLaarty 61 petgding
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(8),aid did not flame a ci. ¢n1n or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. N Q
1� -�NO EXCEPTIONS ❑EXCEPTIONS CD
❑ 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 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.
F-1 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 heirs(attach
additional sheets,ifnecessary):
Name Relationship Address
Form aw-02 rev.101111201! Page 1 of 2
Oath of Personal Representative Official Usc Only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF }
Petitioner(s)Printed Name Petitioner(s)Printed Address
Yd /dlLLTL 126 ,S 220' 7_ LJOIN LF dR . 1710,25
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 theDec cut,the Petition r(s)will well and truly administer the estate according to law.
Sworn to or affirmed and subscribed before Date
me this-TM day of/ '0ngC1 �(5 Date
By: Wb_t -_-�c Date
For the Register Date
BOND Required:Q YES ®NO To the Register of Wills:
FEES: Please enter my appearance by my signature below:
Letters . . . . . . . . . . . . . . . . . . . . . . $ I) Attorney Signature:
( Jj�')Short Certificate(s). . . . . .
( )Renunciation(s).. . . . . . . .
( )Codicil(s). . . . . . . . . . . . .
( )Affidavit(s).. . . . . . . . . . .
Bond.. . . . . . . . . . . . . . . . . . . . . . . CS-1 M
Printed Name: 'p m
Commission. . . . . . . . . . . . . . .. . . Supreme Court _�p
Other . . . . . . . . 5 ID Number: M ca '
I'l . . . . . .
[" M -J r°; tzl
�S Firm Name: (0
Address:
. . . . . .-. . Phone:
Automation Fee. . . . . . . . . . . . . . . �J Fax:
JCS Fee. ��s, 7 Email:
TOTAL. . . . . . . . . . . . . . . . . . . . . $ acD.c::�'
DECREE OF THE REGISTER �f
Estate of �� C. File No: , 0 1
a/k/a:
AND NOW, 3uuavur -i in consideration of the foregoing Petition,
satisfactory proof having been preserfild before me,IT IS DECREED that L Iters
are hereby granted to U I I D-, .
in the above estate and(if applicable) that
the instrument(s) dated mcY 2Z �
described in the Petition be admitted ko probate and filed of record as the last Will(and Codicil(s))of Decedent.
%A"i a � 4muota-) - —
ster of W• is
For»r aw-nz ,•e,.. tniiii2nti Page 2 of 2
RECORNE-D OFFICE Of
REClST-F--� CF 1"!1LL3
?015 JM 7 F-fl 1120
LAST WILL AND TESTAMENT C L E;w; OF
ORPH 1'10' CCu;?T
BE IT REMEMBERED THATPACl;MDE1?1_."._ ,, x.
I, CORA E. BANEY, a resident of Cumberland County, Pennsylvania,being of sound and
disposing mind, memory and understanding do make, publish and declare this to be my LAST
WILL and TESTAMENT,hereby revoking any and all Wills and Codicils previouslymade by me.
I
I declare that I am not married, my beloved husband, WILLIAM G. BANEY, having
predeceased me, and that I have three (3) children, namely WILLIAN G. BANEY, JR.,
JUDY LEITZELL and KATHRYN KAUTZ.
II
I direct that all my just debts and funeral expenses shall be paid from my residuary estate as
soon as practicable after my decease.
III
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 residuary estate as a part of the
expense of the administration of my estate.
IV
I give, devise and bequeath all my property, whether real or personal, wherever situate,
including any property over which I may have a power of appointment to my children in equal
shares provided that my children survive me for a period of thirty(30)days. In the event that anyof
my children should not survive me for a period of thirty (30) days, their share shall lapse and be
distributed equally among my then surviving children. However, the share which is to pass to my
daughter, JUDY LEITZELL, should she survive me, shall pas to her pursuant to the terms of the
hereinafter included Tiust.
V
If my daughter, JUDY LEITZELL, should survive me and inherit property pursuant to the
terms of this my LAST WILL and TESTAMENT, her share shall be placed in trust with her son,
DAVID L. LEITZELL, JR., as Trustee. The property placed in trust shall remain in trust until such
time as the funds of the Trust are exhausted,or in the event that my daughter, JUDY LEITZELL,
should die prior to the termination of the Trust, The funds then remaining in the Trust shall be
divided equally between my other children, namely WILLIAM G. BANEY, JR., and KATHRYN
KAUTZ, or the survivor of them.
VI
TRUST
I hereby nominate, constitute, and appoint my grandson, DAVID L. LEITZELL, JR., as
Trustee over the property passing to my daughter, JUDY LEITZELL. DAVID L. LEITZELL, JR.,
is hereby empowered to use both income and principal for the benefit of JUDY LEITZELL. The
use of income and principal is limited only by the Trustee's discretion as to what constitutes her
needs in the area of health, support, education, and welfare. If my daughter, JUDY LEITZELL,
should die before the exhaustion of the funds held in Trust, the Trustee is directed to prepare an
account of the funds then remaining in Trust and shall distribute them equally between WILLIAM
G. BANEY, JR.,and KATHRYN KAUTZ, or the survivor of them.
My daughter, JUDY LEITZELL, as beneficiary of this Trust, shall not have any right to
alienate, encumber, or hypothecate her interest in the principal or income of the Trust in any
manner,nor shall any interest be subject to claims of her creditors or liable to attachment, execution
or other process of law.
In order to carry out the purposes of this Trust established by this Will, the Trustee, in
addition to all other powers granted by this Will, or by law, shall have the following powers over
the Trust estate, subject to any limitation specified elsewhere in this Will:
1) To retain any property received by the Trust estate for as
long as the Trustee considers it advisable.
2) To spend funds for the maintenance and repair of real
property.
3) To sell at public or private sale, exchange or lease for a
period of time, any real or personal property and give
options for sale of the lease.
4) To execute and deliver any deeds, leases, assignments or
other instruments as may be necessary to carry out the
provisions ofthis Trust.
5) To borrow money and to mortgage or pledge any real or
personal property.
6) The Trustee shall maintain accurate records and accounts
and shall render statements to my beneficiary hereunder
showing receipts and disbursements of principal and
income no less frequently than annually. The Trustee shall
serve without bond and shall receive fair and reasonable
compensation for administration of this Trust,not to exceed
five(5%)percent of annual income.
7) To distribute property in kind.
8) To do all other acts that are in his judgment necessary or
desirable for the proper management, investment and
distribution of the Trust estate.
VII
I nominate, constitute and appoint my son,WILLIAM G. BANEY,JR., as Executor of this
LAST WILL, to serve without bond. If my son,WILLIAM G. BANEY,JR.,is unable or unwilling
to act in that capacity, then I nominate, constitute and appoint my daughter, KATHRYN KAUTZ,
as Executrix of this LAST WILL, to serve without bond.
IN WITNESS WHEREOF, 1, CORA E. BANEY, have set my hand to this LAST WILL
this dayof May, 2008.
n.
CORA E. BANEY
Signed, sealed,published and declared by the above-named CORA E. BANEY, as and for
her Last Will and Testament, in the presence of us, who, at her request and in her presence, and in
the presence of each other, have hereunto subscribed our names as witnesses.
)e114 ul-/Pz'o'�
R. Mark Thomas
Print
ACKNOWLEDGEMENT
COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF CUMBERLAND
I, CORA E. BANEY, Testatrix, 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 as my free and voluntary act for the
purposes therein expressed.
e-0,
CORA E. BANEY
Sworn or affirmed to and acknowledged before me by CORA E. BANEY,Testatrix,this
day of May, 2008.
COMMONW VAN I
Notarial8eaiN Public
Joette L.McOMM.Notary Public
Mechaniesborp 8MM C mberlax!County
My Commission Expires July 6, 2010
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
We, R. Mark Thomas and 63VIV •' , the witnesses
whose names are signed to the attached or lbridgoing instrument being duly qualified according to
law, do depose and say that we were present and saw Testatrix sign and execute the instrument as
her LAST WILL; that CORA E. BANEY signed willingly and that she executed it as her free and
voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the
Testatrix signed the Will as witnesses; and that to the best of our knowledge, the Testatrix was at
the time 18 years of age or more, of sound mind and under no constraint or undue influence.
R. Mark Thomas
Printed: M�
$vorn
or affirmed to and acknowledged before me by R. Mark Thomas and
E ' , this 42RAVday of May, 2008.
6filz&�12Z
COMPAONWEALTM OF PENNSYLVANIA otary WPublic
Notarial Seal
Joette L.McGmn,Notary Public
Mechanicsburg Borm,Cumberland County
My Commission Expires July 6 2010
REGISTER OF WILLS CERTIFICATE OF
CUMBERLAND COUNTY GRANT OF LETTERS
PENNSYLVANIA
y of CU
No. 2015- 00014 PA No. 21- 15- 0014
O Z Es to to Of: CORA E BANEY
D (First,Middle,Last)
� v
Late Of: CARLISLE BOROUGH
CUMBERLAND COUNTY
Deceased
7750 Social Security No:
WHEREAS, on the 7th day of January 2015 an instrument dated
May 22nd 2008 was admitted to probate as the last willrof o
CORA E BANEY
(First,Middle,Last)
late of CARL/SLE BOROUGH, CUMBERLAND County, r
who died on the 21st day of December 2014 and
�
WHEREAS, a true copy of the will as probated is anii Ephe to—� a
THEREFORE, I, LISA M. GRAYSON, ESQ. Regis.te44 of W-rll Jm and
:J
for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby
certify that I have this day granted Letters TESTAMENTARY to:
KA THRYN J KA UTZ
who has duly qualified as EXECUTOR(RIX)
and has agreed to administer the estate according to law, all of which
fully appears of record in my office at CUMBERLAND COUNTY COURTHOUSE,
CARLISLE, PENNSYL VA NIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 7th day of January 2015.
Re ster of Wills
e t
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)
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